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HomeMy WebLinkAboutConsent to Encroach and Variance; 1627 Quail Glen Court; Thomas Nguyen; CTE & RFVDocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 �IOt1 e � a N�1• �lis T� 4 11 /30/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (deck) at 1627 Quail Glen Ct Dear Board Members: Nguyen, Thomas, owner of the property with the common address 1627 Quail Glen Ct, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a deck 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. • Petitioners shall obtain approval from the HOA for installation of the improvement if such approval is required by the restrictive covenants of the development. Respectfully, Je my Kashman, PE City Engineer DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 CITr-6F CAIMEL 11 /30/2022 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (deck) at 1627 Quail Glen Ct Dear Board Members: A Consent to Encroach document signed by Nguyen, Thomas, owners of the property with the common address 1627 Quail Glen Ct , 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 Hamilton County Recorder's Office. Sincerely, eremy Kashman, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 CONSENT TO ENCROACH Sao THIS CONSENT TO ENCROACH (hereinafter the "Agreement') is entered into by and between Nguyen, Thomas, 1627 Quail Glen Ct, Carmel, Hamilton County, Indiana 46032, (individually and collectively, "Owner"), and the City of Carmel, Hamilton County. Indiana, by and through its Board of Public Works and Safety ("City"). WITNESSETH: WHEREAS. Owner owns in fee simple Lot 58 ("Lot') in FAIRGREEN TRACE which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by the reference; and WHEREAS, the official plat of the Subdivision was recorded in PC 2 SLIDE 675, Instrument Number 2001-67204 in the Office of the Hamilton County Recorder on 10/18/2001, as FAIRGREEN TRACE (the "Plat"); and WHEREAS, the current Owner wishes to install a deck on the Lot (the "Site Improvement"); and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot Utility and Drainage Easement, identified as "IS' U&DE" on Exhibit B (the "Easement"); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site improvement will encroach (the "Encroachment") upon the Easement, which Encroachment is crosshatched on Exhibit B; 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 WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City's use of the Easement. DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 NOW. THEREFORE, for 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. (lie parties mutually promise, agree and covenant as follows: 1. The foregoing preambles, recitations and dctinitions are made a part hereof as though such were Fully set forth herein. 2. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 4. Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary. in City's sole discretion, to install, protect and/or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site lmprovment, the Lot, or to Owner 5. Owner agrees and acknowledges that the C'ity's consent to encroach upon the Easement, as provided in this instrument. regards the City's Easement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person's consent even if such property interests are also located within the Easement. (i. Owner agrees to indemnify and hold harmless City. its officers. officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising From any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof. which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. 7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site improvement. 8. 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. 9. The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 10. This Agreement sliall be effective as of the date on which it is last executed by a party hereto. DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 11. The Owner agrees to provide frill disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Lot on and after the clTectivc date of this Agreement. 12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. "t NVNER" PROPE• RTI' OIVAIER :L1 aln a 5 DUB Ve/-I Printed Name i Signature Date: PROPERTY O1WER Printed Name Signature Date: STATE OF INDIANA )SS: COUNTY OF-kk�Ll Y`v �-- Before me, a Notary Public in and for said County and State, personally appeared by me known. and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or her voluntary act and deed. Witness my hand and Notarial Seal this ltday of N ��� t �t' , 20 7-Z, Y My Commission Expires: NOTARY PUBLI-T I C J'� A. 7z Printed Name My County of Residence: FRANCIS A AMPIL Notary Public - Seal State of Indiana Marion County Comniission Expires Mar 1, 2023 Lmy 3 .''N DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 „Cl•l•Yn CITY OF C'ARMEL, INDIANA, 13Y AND TI IROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY uSigned by: BY:: Doc Ir`7-/) James rainar , residing Officer Date: 12/8/2022 L-LDocu ign by: --19 --fli pg3 I t 4w,..Member Date: 12/8/2022 DocuSigned by: L : "'• �t&39i8�ddtAbCl' 12/8/2022 Date: — DocuSig'ne`d' by; SuK. Woi� SUC'ft"g7A@jtyk Date: 12/8/2022 ,,���gY'P�%, HOLLY J. HARMEYER STATE OF INDIANA ) ` ©,.• e;% Notary Public, state of Indiana SS: `':SEAT.' "__ Hamilton County + +�F Commission Number NP0737982 COUNTY OF FIAMILTON ) �`%'NniA�P.`� My Commission Expires December 16, 2029 Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Sue Wolfgang, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "CONSENTTO ENCROACH" on behalf of the City of Carmcl, Indiana, Witness my hand and Notarial Seal this 4P day of December , 20 22 My Commission Expires: NO A tY PU IC Holly J. Harmeyer 12/15/2029 Printed Name My County of Residence: Hamilton This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel, Indiana 46032. affirm. under the penalties for periury. that 1 have taken reasonable care to redact each Social Security Number in this document, unless required by law. Jon Oberlander, Esquire DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 Exhibit A LAND DESCRIPTION A port of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in! Hamilton County, Indiana, described as follows: Commencing at the southeast comer of said Quarter Section; thence North 89 degrees 19 minutes 05 seconds West (assumed bearing) along the south line of said Quarter Section, 38&00 feet to the Point of Beginning; thence continuing along said south line North 89 degrees 19 minutes 05 seconds West 80.04 feet to the west line of the abandoned Traction Coripony Una and being a point on a curve to the left having a radius of 2824.79 feet, the radius point of which beers North 87 degrees 37 minutes 01 seconds West, the following two courses being alongq said abandoned Traction Company line; (1) thence northerly along said curve an arc length of 77.23 feat to o point which bears South 89 degrees 11 minutes 00 seconds East from said radius point; (2) thence North 00 degrees 49 minutes 00 seconds East 222.72 feet to the north line of the real estate described in deed to Roger E. rat Anita L Nix per Instrument 19427864 as recorded in the Office of the Recorder of said County, thence North 89 degreesl9 minutes 56 seconds West along said north line, 117.23 feet to the northwest corner of said real estate; thence South 00 degrees 35 minutes 28 seconds West along the west line thereof, 299.91 feet to the south line of said Quarter Section; thence North 89 degrees 19 minutes 05 seconds West along said south line, 239.97 feet to the east line of the real estate described in deed to Trinity Homes per Instrument #9955418 as recorded in the Office of the Recorder of said County. thence North 00 degrees 00 minutes 00 seconds East parallel with the east line of sold Southeast Quarter, 1121.75 feet; thence South 89 degrees 41 minutes 42 seconds Last 452.03 feet to the east line of the fanner Traction Company tine, also being the west line of the red estate described in deed to the Firestone Tue & Rubber Company per Instrument 082443 as recorded in the Office of the Recorder of said County, thence South 00 degrees 49 minutes 00 seconds West along the cost line of said former Traction Company Line, 1047.62 feet to a point on a curve honing a radius of 2904.79 feet, the radius point of which bears North 89 degrees 11 minutes 00 seconds West, thence southerly along said curve an arc length of 77.05 feet to the south line of said Quarter Section and the Point of Beginning, containing 10.65 acres, more or less. ]HIS SUBDIVISION CONSISTS OF 24 LOTS NUMBERED 41 THROUGH 64 AND BLOCKS A, B, AND C TOGETHER WITH STREETS AND EASEMENTS AS SHOWN HERZi-N. THE SIZE OF LOTS AND BLOCKS AND WIDTHS OF STREETS A40 EASEMENTS ARE SHOWN IN FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF. CROSS—REFERENCE IS HEREBY MADE A LAND TITLE SURVEY RECORDED AS INSTRUMENT NUMBER An25Lz417f IN THE OFFICE OF 174E RECORDER OF HAMILTON COUNTY, INDIANA. I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM A REGISTEREO LAND SURVEYOR, LICENSED IN COMPLIANCE WITH 1HE LAWS OF THE STATE OF INDIANA AND THAT THE WITHIN PLAT REPRESENTS A SUBDIVISION IN THE LANDS SURVEYED WITHIN THE CROSS REFERENCED LAND TITLE SURREY, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE HAS BEEN NO CHANGE FROM THE MATTERS OF SURVEY REVEALED BY THE CROSS—REFERENCE SURVEY ON ANY LINES THAT ARE COMMON WITH THE NEW SUBDIVISION. I FURTHER CERTIFY THAT THE SAID SUBDIVISION WAS PLATTED UNDER MY DIRECT SUPERVISION AND CONTROL AND IS TRUE AND CORRECTTOTHE BEST OF MY KNOWLEDGE AND BELIEF; WITNESSS MY SIGNAITJRE THIS DAY OF AU uJ 2000. �`��aanuurn�,� v ��`o►srfRFo . �,� W1tJ,ARO E. JOHNSON REGISTERED LAND SURVEYOR INDIANA — J1LS29600017 = * LS29600017 DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 EXHIBIT B SdiQw Indic .,, avenue surveying 317_ "Polls, IN 46$Ig_ Landscaping Architecture 31?_8Z8"7100 103 cis • LIS 826_7110 FqX Geology NOTE: THIS ORAVANG 13 BASED ON CONS AM SCHNEIDE"NCS AND IS NOT BASED U �UCTiOid PLANS RECORD LOT # 58 SCHNEIENC COR THi1MS NOT WARRANT THE AM ��Y E 8� 2� SF Q SUFFICIENCY pF ' VERIFY EX1S11N1, CONDIT04S PRIOR TOT AN�ONR CTOR OtA:O OISCREPANCY FOUND TO INC SCHNEIDER C P0R'�rrc AM�1G SNpIyLO BE SO WILL RESIA.T IN THE ATION 010 SHO D , i CONREPORTM TRACL­t To Do T44S ASSUMPTION CF UABpITY. BLOCK V COMMON AREA * APPRO) InT✓ , ti� ��LA-�,. ,Q E.�..- CONFIR � 1 tAfE UNE AND Wj t CONSTF jV ` . 15UJti0E m.E F Emma DcLk, S G� \ ram A msr SQUA CONC. DR[' r�tieo PUBLIC WA d a,Ae /� ©O PRIVATE W UlfCj• SOD -- 561 rwo CAR SOD FULL t� a�a 1 . �--�--- 833.3J � r.r--J NO THE RESIDENTY 10 6.2' HEIGHT G MAY BE DWELLING 6AAY BE cow CC 0 16.0• TO THIRTY-FIVE 44.6 �J� THE SIDE AND RE SA, 4•MA[K ��� INCREASED AN At �+J1 EACH FOOT SUCH APRM TWENTY-FIVE (25: SS, PER CARMEL ZON! J25.0�R -�� -�. NOTE: QUAIL GLEN COURT za s-e CONTRA' FC 1 00'R W �"'��. ' ftR Ptm BEiT1rEE1 f ,� \1 LATERAL