HomeMy WebLinkAboutConsent to Encroach and Variance; 14035 Inglenook Lane; Wilkinson; CTE & RFVDocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
CInr-OF G MEL
JApit-ti 13RAINARD, ,1U%Y(M
11/30/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (screened porch) at 14035 Inglenook Ln
Dear Board Members:
Wilkinson, John J & Lydia J h&w, owner of the property with the common address 14035 Inglenook Ln, have requested a
variance from the Carmel City Code Section 6-227(a)(4) for the installation of a screened porch 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 IIOA for installation of the improvement if such approval is
required by the restrictive covenants of the development.
Respectfully,
J rer y Kashman, PE
City Engineer
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
C Tl-" * IOF CAAMEL
1.\NIBS i3it\i\.\1?1 m,
11 /30/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (screened porch) at 14035 Inglenook Ln
Dear Board Members:
A Consent to Encroach document signed by Wilkinson, John J & Lydia J h&w, owners of the property with the
common address 14035 Inglenook Ln , 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,
Jeremy Kashman, PE
City Engineer
AI-I'ACHMENf: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
,to%
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Wilkinson, John J & Lydia J h&w,
14035 Inglenook Ln, 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").
W ITNESSETH:
WHEREAS, Owner owns in fee simple Lot 51 ("Lot") in WESTWOOD ESTATES, section 1, 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 3 SLIDE 313, Instrument Number 2003-124222 in the Office of
the Hamilton County Recorder on 12/10/2003, as WESTWOOD ESTATES, section 1 (the "Plat"); and
WHEREAS, the current Owner wishes to install a screened porch 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
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 10-foot drainage easement ,
identified as "10' D.E."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, the
parties mutually promise, agree and covenant as follows:
I . The foregoing preambles, recitations and definitions 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 Improvment, the Lot, or to Owner
5. Owner agrees and acknowledges that the City'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.
6. 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 shall 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 full 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 effective 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.
"OWNER"
PROPERTY OWNER
Printed Name
Si ature 2/.
Date: // -- Jo '
STATE OF INDIANA )
t i
) SS:
COUNTY OF Lie- *„. 14,, )
PROPERTY OWNER
LY01"I
Printed Name
Sign ure
Date: -,?a -42--
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 ZJ day of ' ay t,..4 v 20221Z
My Commission Expires: NOTARY PUBLIC
Printed Name
My County of Residence: 6 4X0^4-
FCommission
ul H Sloan III
ary Public • State of Indiana Number: NP0672999Commission Expires: M 152023
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
DocuSigned b :
BY: M
sjhukvmdpPmcsiding Officer
Date: 12/8/2022
M, L
�m>; �lsit�dtaTember
Date: 12/8/2022
yk
Date: 12/8/2022
—DocuSigned by:
S,►! WoiI
S-�U 1I g9efe&--
Date: 12/8/2022
HOLLY J. HARMEYER
�PP....Notary Public, State of Indiana
STATE OF INDIANA ) =_;' . Hamilton county
SS:
Commission Number NP0737982
COUNTY OF HAMILTON ) �ii�NDl ANP� My Commission Expires
hrnin� December 15, 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 "CONSENT TO ENCROACH" on behalf of the City of Carmel,
Indiana. CP+
Witness m hand and Notarial Seal this day of December 20 22
Y
NOTARi . UBLI
My Commission Expires:
Holly ] 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.
I affirm, under the penalties for perjury, 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
1063
SECONDARY PLAT WESTWOOD ESTATES SECTION l
Legal Description Westwood Estates Section I
1, the undersigned hereby certify that to the hest of my lAowtedge, Information, and belief, the within plot accurutey represents a survey preformed under my supervision of o parcel of
property situated In the State of Indiana. County or Hamilton, containing 34.792 acres being located in the Southwest Quarter of Section 21. Township 18 North, Range 3 East being mom
particularly bounded and described as follows:
Commencing of the Northwest comer of the Southwest Quarter of said Section 21, thence South 8759'18' East a distance of 975.39 feet clang the north fine of said Southwest Quarter to
she Point of 86ginndng, said print lying North 89'59'18' West o distance of 362.28 fast from the Northeast rsorner of the Northwest Quarter of sold Southwest Quarter, thence continuing South
Bill East olong sold north One a distance of 369.28 feet to the Northeast comer of the Northwest Quarter of sold Southwest Quarter; thence continuing South 89'59'18' East along the
North One of said Southwest Ouarter a distance of 595.85 feet; thence South 0715'06' West, parallel to the West One of the East lfolf of said Southwest Ouorter, a distance of 1315.94 feet
to a rebor, thence North 89'59'38' West, a distance of 595.85 fast to a rebor on the West Una of said East Half; thence North 00'1S'06" East along the East line of said Northwest Quarter
o1 the Southwest Ouarter a distance of 19.01 feet; thence North 89'59'18" West parallel to sold North line of the Southwest Quarter a distance of 672.00 feet; thence North 00'15'06' East
parallel to the East One of sold Northwest Quarter of the Southwest Quarter a distance of 874.12 feet; thence South 8742'43' East a dialonee of 249.67 feet: thence South W17'17" West o
distance of 13.00 feet; thence South 8942'43' East a distance of 163.29 feet; thence North 110'45'39" East a distance of 210.73 feet; thence North SW42'43' West o distance of 111.80 feet:
thence North 00'09'39' East a distance of 226.58 feet .to the Pant of Beginn;ng and containing 34.792 acres of land, more or less.
Subject, however, to oil legal rights -of -wogs and/or easements, if any, of previous record.
The sources of recorded survey data ore the records_ of the Hamilton County, Indiana, Recorder, referenced in the foregoing description.
CERTIFICATE OF SURVEY
This subdivision consist of 53 lots numbered 1 through 53 (nN.•ive, and Common Areas A, B. C, and D. The locations and dimensions of the Lots, Common Areas, Streets .-nd Easements are
shown in feet and dec;mol parts thereof.
1, the undersigned, do hereby certify the within plot to be true and correct to the best of my knowledge and belief, and to represent a portion if the teat estate as the boundaries were
defined by surveys prepared by myself, and recorded on Mal'Ch 17 .2003 as Instrument-/ 20.01.28092 and Instrument r 2a09-3644e1,
I further certify that all the monuments shown actually exist or wig be installed In their positions correctly and that all dimensions and geodetic data is correct
�\\\whNiwwu,llyl4'
E.RM
l4,
Wit my hood and ,eotrtni:22* day of Gate her 2003.
STATE OF CON9.ATM DWIEERS & SIMCVOR5
Registered Land on Serve r No. 930005 6994 HILLSDALE COURT
g INDIANAPOLIS, 1N 46250
m AC I LAN\m�' i'AX.. 317-9/3_ 6928
PUBLIC RIGHT Of WAY
Ph: 317-913 6930
The rights -of -way of the streets as shown on the Plot, if not heretofore dedicated to the public, am hereby dedicated to the public for lase as a public right-of-woy.
PLAT COVENANTS AND RESTRICTIONS
WESTWOOD ESTATES SECTION ONE
The undersigned, Justus Home Builders Inc., an tndiono Corporation (the 'Developer', is the Owner of the mar estate more Specifically described herein (the "Real Estate). The Developer is
concurrently platting and subdividing the Red Estate as shown on the plot for Westwood Estates Section One, which is filed of record simultaneously herewith in the office of the Recorder of
Hamilton County, kadiono (the "Plot) and desires in the Plot to subject the Real Estate to the provisions of these Pint Covenants and Restrictions. The subdivision created by the Plat (the
"Subdivision) is to be known and designated as " Westwood Estates Section One*. In addition to the covenants and restrictionsg h�eraln�af�er t forth. the Real Estate is al'§? aubl1'e��ct�� to�t�pse
covenants and restrictions contained In the Declaration of Covenants, Conditions and Restrictions of Westwood Estates, dated dpY= . 2003 and recorded on irta I at IS
2003 as Instrument No.1ff1elXX9LVt In the office of the Recorder of Hamilton County, Miono, oa — m may be. amended or supplemented from time to time as therein provided
(the Declaration) and to the rights, powers, duties and obligations of Westwood Estates Homeowners Association, Inc. (the 'Association") set forth In the Declaration. if there is any
ireconcilabfe conflict between any of the covenants and restrictions contained herein and any of the covencnts and restrictions contained in the Declaration, the covenants and restrictions
contained in the Declaration shall govern and control, but only to the extent of the irreconcilable conflict, R being the Intent hereof that ON covenants and restrictions contained herein shall be
applicable to the Red Estate to the fullest extent possible. Capitalized terms used herein shill have the some mooning as given In the Declaration.
In order to provide adequate protection to all present and future Owners of Lots or Residence Units in the Subdivision, the following covenants and restrictions, in addition to those set forth in
the Declaration, are hereby Imposed upon the Real Estate:
1. COMMON AREAS
There are areas of ground on the Plot marked 'Common Area*. Developer hereby declares. creates and grants a non-exclusive easement in favor of each Owner for the use and
enjoyment of the Common Areas, subject to the conditions and restrictions contained In the Declaration. Common Areas ore created as conservation easements and shall not be used
for residential home construction.
2- UTILITY AND DRAINAGE EASEMENTS
There ore areas of ground on the Plat marked 'Utility Easements and Drainage Eosements', either separatey or in combination. The Utility Easements are hereby treated and reserved
for the use of OR public utility companies (rat including transportation companies), governmental agencies and the Association for access to and installation, mointenance, repair or
mmovei of pares, mains, ducts, drains. Once, wires, cables, underground sanitary sewer systems, and other equipment and facilities for the furnishing of utility services, including Coble
television services. The Drainage Easements are hereby created and reserved for (I) the use of Developer during the 'Development Period' (as such term is defined in the Declaration)
for access to and installation, repair or removal of o dra'xage system, either by surface drainage or appropriate underground installations, for the Real Estate and adjoining property and
(0) the use of the Association and the Hamilton County Drainage Board for access to and maintenance, repair and replacement of such drat system. The Owner of any Lot In the
Subdivision subject to a Drainage Easement, including any budder, shall be required to keep the portion of said Drainage Easement on his Lot free from obstructions to that the storm
water drainage will be unimpeded and will not be charged or altered without a permit from the Drainage Board and prior written approval of the Developer or the Association. The
delineation of the Utility Easements and Drainage Easements areas on the Plot shall not be deemed a limitation on the rights of orry entity far whose use any such easement is created
and reserved to go on any portion of any Lot subject to such easement temporarily to the extent reasonably necessary for the exercise of the rights granted to It by this Paragraph 2.
Except as installed by Developer or Installed as provided above, no structures or improvements, Including without limitation decks, patios, pools, landscaping, fences or walkways, shall be
erected or maintained upon said easements.
3. LANDSCAPE EASEMENTS
There ore areas of ground on the Plot marked 'Landscape Easements'. Such Landscape Easements arc hereby created and reserved for the use of the Developer, during the
Deveopment Period, and the Association for access to and the instalio6on, maintenance and replacement of foliage, landscaping, screening moterioas, entrance walls, lighting, irrigation
and other improvements. Except as installed by Developer or Installed and maintained by the Association or with the approval of the Architectural Review Committee, no structures or
Improvements, including without limitation piers, decks, walkways, police and fences, shall be erected or maintained upon said Landscape Easements. The landscape easements shop also
provide far access for the public to utilize the asphalt walking path located within the common area for access through the common areas to adjoining properties. Access to the pudic
shall be limited to the asphalt path only,
4. BUILDING LOCATION - FROM, BACK AND SIDE YARD REQUIREMENTS
Building setback Ones ore established on the Plot. No building shall be erected or maintained between sold setback Ones and the front, tsar or side lot One (as the case may be) of a
Lot. The minimum front yard set bock shall be as designated on the Plot. The minimum rear yard setback shall be twenty (20) feet. The minimum side yord setback shall be five
(5) feet with an aggregate of ten (10) feet between buildings.
Job J2002-1226 SHEET 6 of 7
DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8
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