HomeMy WebLinkAboutConsent to Encroach and Variance; 41 N Range Line Road; Lot One Partners, LLC; CTE & RFVDocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
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JA,\It:1 BRAINARD, INI[ANUR
11 /22/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Footings and foundation) at 41 N Rangeline Rd
Dear Board Members:
Lot One Partners LLC, owner of the property with the common address 41 N Rangeline Rd, have requested a variance from
the Carmel City Code Section 6-227(a)(4) for the installation of a Footings and foundation within a portion of the lot
designated as an easement. Generally, the improvement is proposed to be installed at the location indicated on the attached
exhibit.
It is not expected that the improvements at the proposed location will result in a Detriment (as defined by City Code) to the
subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The
Engineering Department recommends that the Board approve the variance conditioned upon the following (as discussed with
the petitioners):
• Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. (we will record
the agreement for you).
Petitioners (and successors and assigns) agree to remedy any drainage issues resulting from the installation of the
improvement that, in the opinion of the City, represents a Detriment as defined in City Code.
Respectfully,
- 4 7�
J cmy "shman, PE
City Engineer
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
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JA1n:5 BRAINARD, M.&YOR
11/22/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Footings and foundation) at 41 N Rangeline Rd
Dear Board Members:
A Consent to Encroach document signed by Lot One Partners LLC, owners of the property with the common address
41 N Rangeline Rd , is submitted to the Board for signatures. A variance for the encroachment is also submitted to the
Board of Public Works for approval during the 12/07/2022 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon approval and
signature by the Board Members the document will be recorded with the I lamilton County Recorder's Office.
Sincerely,
Z 2
Jeremy Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter die "Agreement") is entered into by and between Lot One Partners LLC,
41 N Rangeline Rd. Carmel. Hamilton County, Indiana 46032. (individually and collectively. "Owner"). and the C'it% of
Carmel. Hamilton County. Indiana, by and through its Board of Public Works and Safch, ("City").
WITNFSSFTH:
WHEREAS. Owner owns in Ice simple certain real estate which is located within the corporate limits of the City of
Carmel. Indiana and is more particularly described in Exhibit A (the "Real Estate"f. attached hereto and incorporated hereto
by this reference; and
WHEREAS, the current Owner Mshes to install Footings and foundation on the Real Estate (the "Encroachment)"
which will encroach into those segments of Is( Street NE. N Rangeline Road. E Main Street (the "Right of Way") which
are contiguous to the Real Estate and Which are identified on the thawing attached hereto and incorporated herein by
reference as Exhibit B (the "Drawing"). in the manner and locations shown on the Drawing: and
WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner's request for a variance from
Carmel City Code Section 6-227(4); and
WHEREAS, Owner and City acknowledge the location of the Encroachment: and
\VHERFAS, Owner acknowledges that this Agreement does not impl.v any approval of existing or future innpt-mennents
not indicated by Owneron Exhibit 13: and
NOW. THEREFORE, tier and in consideration of the mutual covenants and agreements contained herein and other
good and Valuable consideration, the sufficiency and receipt of'which are hereby acknowledged, the parties mutually
promise. agree and covenant as follows:
I -he foregoing preannbles. recitations and definitions are made a part hereof as though such Mere tulh• set
forth herein.
'. The City consents to the Encroachment lot only so long as
(t) the Encroachment exists: and
fill Owner complies with all of the terms and provisions of this Agreement.
Owner covenants and agrees not to extend. increase, modify. alter, landscape, rcconli,Jure or othent ise
C
change the Site improvement from +chat is depicted on Exhibit B. and to maintain tile Site lulpro\ement in
good condition and repair.
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
4. owner agrees that CON shall hate the right to remo%c any portion of the L-ilcroachIle nt as C'it', (lee nts
necessary, in C ity's sole discretion and that. should the City take such action. the City shall incur no
obligation to repair. replace or reimburse Owner fur the cost of any dant.tges thereby caused to the
Encroachment, the (teal Estate. or to Owner
;. O\\ner agrees and acknowledges that the City's consent to encroach Avilhin the Right of %Vay, as provided
in this instrument, regards the C'ity's Right of Way interests only. and does not constitute permission or
authority for the Owner to otherwise enter on, in. under, orer. or upon the properly interests of any other
person tVitltout that person's consent evert if such property interests are also located within the Right of
6. C)ttnet- agrees and acknowledges that the Encroachment. as pro\ ided in this instrument. does not violate any
covenants and restrictions applicable to the Encroachment
7, Owner agrees that the Encroachment will not create standing water and or other drainage problems that
affect the City or actiacent property owners and that. ifsuch problems arise. the City. in its sole discretion.
may itself rentcwe or may notify Owner who shall then immediately remove. all or any portion of the
Encroachment as is necessary to correct such problems. at Owner's sole cost and expense.
X. Ott ner awecs that the water flow from the Encroachment shall be directed away from all street travel lams
and that water from the Encroachment shall not be permitted to spray onto, traverse ur otherwise conic into
contact t\ ith any iraxel lanes or paved areas ofany street or,treel intersection.
9. Owner aerccs to repair or replace. at Owner's sole cost and expense and to the C'ity's reasonable satisfaction.
any utilities or III tprmentents (xx Nether located ahoy e. below or on the surface of the Right -of -Way) damaged
as a result of the installation. construction. maintenance or operation of the Encroachment.
I r1. Owner agrees to install identification tape or identification wire on the Encroachment that will allow the City to
readily determine the underground location of any Encroachment.
I I. Owner agrees not to alter the ground surface ele\ ation within the limits of the Right of'Way at any time.
12 Owner a_rces to reimburse City for any and all cost% and expenses incurred by City to replace or repair any
damage to the Right of Way and any improvements located therein caused by the installation. construction.
maintenance and or operation of the Encroachment.
13. Owner agrees to indemnity and hold harmless City. its officers, officials, members. employees. invitees.
licensees and agents. fit from and against any and all losses, liabilities. damages, claims. judgments, attorney
tees and costs arising front any bodily injury. death or property danta_e occurring during the initial installation
and during :up suhseyucnt use. maintenance or repair of the Encroachment and (ii) for anv failure of proper
diSCIONLire pursuant to paragraph 18 hereof.
14. The parties agree that the terms of this Agreement shall be binding, upon and inure to the benefit of their
respective heirs, administrators. successors and assigns.
I i. The parties executing thi., Agreement represent and %%avant That tho arc autl;prized to enter into and
execute this Agreement for ;nod on behalf (If' tile party a hick they represent.
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
1 b. This A,,reement shall be etiectire as of the date on �%hich it is last exec•trted bx a party ut y hereto.
17. The Owner agrees to provide foil disclosure of this Aorcentent to all persons. entities and others who acquire
by or through Owner uny interest in the Real Estate 01,011d after the efleelk e date ot'this Agreement.
"OWNER"
PROPERT)' () II :vER
5
STATE, OF 1NDIANA t
l t SS:
C'OLINTY O)F AeVM� 140" ,%
PROPERTY UIV,\'ER
Printed Name
Signature
Date:
Bclore nu. a Notary Public in and 1'or said ('ountp and State. personally appeared ('1 t �- �� t "� J 6 t)
by me known, and who acknowledged the execution ot'the 1-oregoing "CONSENT TO ENC'ROA('}T as his or - her c oluntary act and deed. SIP
11'intcss my hand and Notarial Sc<ti this Z1 day of �IvVtK bey 200-
\ty ('onmrission f xpires:
Jv_rc !y, Zo2y
JUDY L KNAFEL
e no�u+ • 1
Hamilton County
UAL '€
My Commission Expires
June 12, 2024
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NOTA ' UBLI
J 4,d I, • rts,�c
Printed Name
\ty County of Residence: _ 1 1 t-� 14t*,
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
CITY OF CARMIA.. INIAA\A.
13Y A\D TIlRO(.YGI 111-S BOARD OF
III J131_I(' WORKS AND SAFETY
DocuSigned b
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BY:
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12/8/2022
Darr.
6DocuSigned
by:
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e>m wisae4M.ember
12/8/2022
Date:
DocuSigned by:
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12/8/2022
Date:
—DocuSigned by:
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Dale:
12/8/2022
HOLLY J. HARMEYER
STATF OF INIAANA ) °oP�Y' ale!'+Notary Public, State of Indiana
Hamilton County
14S' Commission Number NP0737982
COUNTY 01' IIA\11LTO\ I l i tDIANP My Commission Expires
'�onii„ ` December 15, 2029
Be lore me. a Notary Public in and I'Or said County and Stale, per+onaI1\ appeared .1A\IES BRAINAR1).
MARY AN\ BURKE and LORI 1VA1'SON, by me known. and by me known to he the \[embers of the C'ily of
Carmel Board ofPuhlie \Corks and Safety, and Sue \Volfgang. Clerk ol'THE: CITY OF CARMIT. Who
acknowledged the execution of the foregning "(' \SF\1' TO 6\C'ItO,\CH ' on hehalf•of the City of Carmel.
Indiana. VK
\Vitness m\ hand and \otarial Scal this a} of December ,(, 22
i\ly Conuttission kxhires. N(J1':\!21' Pt:13 . ('
12/15/2029
Holly J. Harmeyer
Printed Name
\I\. Count\ of Residence:
Hamilton
This insittimenl \ka> prepared by Jon Oherlander, hsquirc. A:;isiant ('oiluiration ('vunsel. One ( •i%is Square. (arniel.
Indiana 46032.
I aflirni, raider the penalties for perjury, that I have taken reasonable care to redact each Social Securil% Number in thi>
document, unless required bN la". .Ion oberlander. Fsgtme
DocuSign Envelope ID: OAC25582-7469415D-B3EF-F4934DCD53F8
Exhibit A
LEGAL DESCRIPTION (COMMITMENT NO. 102100088 REVISION A)
VICINI
CARMEL
(NOT T
TRACT I:
Lots 1, 2, and 3 In the Original Plat of the Town of Bethlehem, now City of Carmel, recorded in Deed
Record E, page 512. in the Office of the Recorder of Hamilton County, Indiana.
Also: A part of Lot No. 4 In the Original Plat of Carmel. as follows: Begin at the northwest comer of
said Lot, run thence east 85 feet, thence south 66 feet, thence west 85 feet, thence north 66 feet, to
the place of beginning, in Hamilton County, Indiana.
Except: A part of Lot Four of the Original Plat of Carmel, recorded in Plat Book E. page 512 in the
Office of the Hamilton County Recorder, Hamilton County, Indiana and more particularly described as
follows: Commencing at the Southwest Comer of Lot Four of the Original Plat of Carmel; thence East
along the South line of said Lot Four 20 feet to the East edge of an existing landscaped area and the
Point of Beginning; thence North along the East edge of said landscaped area 24 feet; thence East
19.33 feet; thence South 24 feet to the South line of said Lot Four. thence West along said Lot line
19.33 feet to the Point of Beginning and containing 463.92 square feet more or less.
Also: Begin at the Southeast comer of Lot 4 In the Original Plat of Carmel, run thence West 80 feet,
thence North 66 feet, thence East 80 feet, thence South 66 feet to the place of beginning, in Hamilton
County, Indiana.
Also: Vacated alley set out in Decree Vacating Ailey filed September 29,1970 in Hamilton Circuit Court
Cause No. 70-400, which was recorded October 2,1970 in Miscellaneous Record 121. page 65.
Also, The following described real estate in Hamilton County, State of Indiana, described as follows: A
part of the west half of the Northwest Quarter of Section Thirty (30). Township Eighteen (18) North,
Range Four (4) East; begin at the northeast comer of Lot Number One (1) in the Original Town of
Bethlehem, now City of Carrel, and run East 10 rode; thence South 4 rode; thence West 10 rode, to
the southeast comer of sold lot number one; thence North 4 rods to the place of beginning, containing
.25 of an acre, more or less.
Also. Begin at the northeast comer of Lot No. 2 in the Original Town of Bethlehem, now Carmel, in that
part known as the Mille Addition to said Town, and run east 10 rode, thence south 4 rods, thence west
10 rode to the southeast comer of said Lot No. 2. thence north 4 rode to the place of beginning, the
same being a part of the West Half of the Northwest Quarter of Section 30, Township 18 North, Range
4 East, adjoining said Town, now City, of Carmel, Hamilton County. Indiana.
Also, That part of the Northwest Quarter of Section 30. Township 18 North. Range 4 East of the Third
Principal Meridian. described as follows: Beginning 33 feet North and 208 feet East of the Southwest
comer of the Northwest Quarter of said Section and running thence North 132 feet; thence East 77 feet;
thence South 132 feet; thence West 77 feet to the place of beginning, in Hamilton County, Indiana.
Also, Vacated public alley right—of—way per Ordinance D-2525-20 recorded September 18, 2020 as
instrument No. 2020065000 and described as follows:
Part of on un—plotted alley located just east of Lots 3 and 4 of The Town of Bethlehem (Now Carmel),
as recorded as plot thereof in Deed Record 'E', page 512 in the Office of the Recorder of Hamilton
County.lndiona, lying in the Northwest Quarter of Section 30, Township 18 North, Range 4 East of the
Second Principal Meridian, Clay Township of Hamilton County, Indiana, being more particularly described by
Tyler J. Thompson. LS21400006 of Civil do Environmental Consultants. Inc. on March 26. 2020. as follows:
BEGINNING at the southeast corner of said lot 4; thence North 00 degrees 06 minutes 04 seconds West
along the easterly lines of sold Lot 4 and Lot 3 and the northerly extension of said easterly line of Lot
3 a distance of 142.00 feet to the southeast comer of Lot 2 of sold Town of Bethlehem; thence North
89 degrees 44 minutes 42 seconds East along the southerly line of the real estate conveyed to City of
Carmel Redevelopment Commission as recorded in Instrument Number 2017019558 in said Recorder's
office a distance of 86.97 feet; thence South 00 degrees 15 minutes 18 seconds East a distance of
10.00 feet to the northeast corner of the real estate conveyed to City of Carmel Redevelopment
Commission in Instrument Number 2016046274 in said Recorders office; the following two courses being
along north and west lines of said real estate; (1) thence South 89 degrees 44 minutes 42 seconds
West a distance of 77.00 feet; (2) thence South 00 degrees 06 minutes 04 seconds East a distance of
132.00 feet to the north right—of—way line of Main Street; thence South 89 degrees 44 minutes 42
seconds West along said north line a distance of 10.00 feet to the Point of Beginning, containing 0.050
acres of land, more or loss.
TRACT II:
A part of Lot Four of the Original Plat of Carmel, recorded in Plat Book E, page 512 in the Office of
the Hamilton County Recorder, Hamilton County. Indiana and more particularly described as follows:
Commencing at the Southwest Comer of Lot Four of the Original Plat of Carmel; thence East along the
South line of sold Lot Four 20 feet to the East edge of an existing landscaped area and the Point of
Beginning; thence North along the East edge of said landscaped area 24 feet; thence East 10.33 feet;
thence South 24 feet to the South line of sold Lot Four, thence West along said Lot line 19.33 feet to
the Point of Beginning and containing 463.92 square feet more or less.
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
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BUILDING FOUNDATION
NCROACHMENT EXHIBIT
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