HomeMy WebLinkAboutConsent to Encroach and Variance; 14341 Laura Vista Drive; Deck Extension; O’Connor; CTE RFVDocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E
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J)AMl•:5 BRAINARD. 1NLAYOR
12/13/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (deck extension) at 14341 Laura Vista Dr
Dear Board Members:
A Consent to Encroach document signed by OConnor, Fiona & Jeff w&h, owners of the property with the common
address 14341 Laura Vista Dr , 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 12/21/2022 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,
Jeremy Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E
A.-m.-s BRAINARD, dNIAYOR
12/13/2022
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (deck extension) at 1.4341 Laura Vista Dr
Dear Board Members:
OConnor, Fiona & Jeff w&h, owner of the property with the common address 14341 Laura Vista Dr, have requested a
variance from the Carmel City Code Section 6-227(a)(4) for the installation of a deck extension 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,
�-7?
Jeremy Kashman, PE
City Engineer
DocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E
CONSENT TO ENCROACH ,,,✓q
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between OConnor, Fiona & Jeff w&h, 14341
Laura Vista Dr, Carmel, Hamilton County, Indiana 46033, (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 6 ("Lot") in LAURA VISTA, 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 360, Instrument Number 2004-14732
in the Office of the Hamilton County Recorder on 03/04/2004, as LAURA VISTA (the "Plat"); and
WHEREAS, the current Owner wishes to install a deck extension 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 20-foot Drainage, Utility
and Sewer Easement, identified as "20' D.U.&S.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: 90B4CA35-810E-4B4C-8A71-145F6440AD8E
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 the), 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: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E
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 anv 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 OJVjVER
P nted Name
. rgnat
< ate: 1♦ I 2 -.
STATE OF INDIANA
) SS:
COUNTY OF )
PROPERTY OWNER
1
��oe Con go,(, -
Printed Name
Signature ff
Date:
JONI SOWN
Notary
oT��a�
Public. State of Indil
•
aeµ *
Marion County
Commission N a91734
MY commission Expires
October 06, 2024
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 / � day of
My Commission Expires: N RY PUBLIC v
_ U Z' U 2i4 Print me
My County of Residence: /" 1 GIN I on
DocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E
Exhibit A __J
WFXVtFUK ZP l tKIIrll.Alr, I JtLUNUAKY r
iorthwest
LAND DESCRIPTION
A port of the South Half of the Quarter of Section 19, Township 18 North, Range 4 East in Cloy
Township, Hamilton County. Indianb, described as follows:
Beginning of the Northeast corn ' of said South Half, thence South 00 degrees 02 minutes 11 seconds East
along the East lime of said North 'est Quarter (also being along the west lines of Foster Estates, Section
6—A, as recorded in Instrument Number 9609636312, Plat Cabinet 1, Slide 710, Foster Estates, Section 6-8,
as recorded in Instrument Numbq 9809828186, Plat Cabinet 2, Slide 117 and Foster Estates, Section 8, as
recorded in Instrument Number 9809864442, Plat Cabinet 2, Slide 190). all in the Office of the Recorder of
Hamilton County, Indiana; a distance of 1328.25 feet to the Southeast corner of said Northwest Quarter,
thence South 89 degrees 38 minutes 38 seconds West along the South lime of said Northwest Quarter a
distance of 1020.14 feet to the sbutheost comer of a tract of land as described in Instrument number
200000036993 in the said RecorJees Office; thence next 2 courses being along the east line of sold tract
of land; 1) thence North 24 degrees 39 minutes 39 seconds West a distance of 356.59 feet; 2) North 00
degrees 24 minutes 09 seconds ebst a distance of 1000.00 feet to the North line of said South Half,
thence North 89 degrees 28 minthes 46 seconds East along said North line a distance of 1161.09 feet to
the Point of Beginning, containing; 34.950 acres, more or less.
I,.
THIS SUBDIVISION CONSISTS OF LOTS, NUMBERED 1 THROUGH 55 TOGETHER WITH COMMON AREAS, BLOCKS,
STREETS AND EASEMENTS AS SH HEREON.
THE SIZE OF LOTS, COMMON AR£4S AND BLOCKS AND THE WIDTHS OF STREETS AND EASEMENTS ARE SHOWN N
FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF.
CROSS—REFERENCE IS HEREBY MADE TO SURVEY PLAT RECORDED AS INSTRUMENT NUMBER 2004-8088 IN. THE
OFFICE OF THE RECORDER OF HAIIIILTON COUNTY, INDIANA.
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DocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E
"C•ITY11
CITY OF C•ARMEL, INDIANA.
BY AND THROUGH ITS BOARD OF
Pt'BLIC \\'ORKS ,-\tiD SAFETY
BY: Not Present
,lames Brainard. Presiding Officer
Date:
r—
Doc
Qtn u,1°t,
;��QiStcr°E�1�4•\lember
Date: 12/21/2022
DocuSiyned by:
•' �it�aieuzakbaunber
Dale: 12/21/2022
DocuStyned by:
Sue \\'ol gan r, _ er
Date:
1$/21/2022
HOLLY J. HARMEYER
r Notary Public, State of Indiana
STATE OF INDIANA ) 'SEAL - Hamilton County
SS:
+'• r Commission Number NP0737982
- .•
��i�'t'DIANP `\ My Commission Expires
COUNTY OF HAMILTON 1 ninu�°�� December 15, 2029
Belure me. a Notary Public in and ('or said County and State. personally appeared .D I1-X Q3R.AM*
MARY ANN BURKE and LORi \\'AFSON. by me known. and by nnc known to be the Mcnnhers ofthe City of
Carnal Board of Public Works and Saicly, and Sac Wolfgang, Clerk of THE. CITY OF CARMEL. who
acknowledged the execulicnt of the foregoing "CONSENT TO ENCROACH- on behalfol' the City of C'anneL
Indiana. Y---
I December 022
Witness my hand and Notarial Scal th . day of <U2.
C1 ALP
�v
17
Nly Commission Expires. NU 'ARY PrB C'
12/15/2029 H011y 7 Harmeyer
Printed Name
\1v C'ount\ of Residence' Hamilton
This instrument \gas prepared by Jon Oberlandet, Fsquire. Assistant C orlioration ('ounsel, One ('t\ is Square. Carmel.
Indiana 4003'�.
1 aflu-nn. under the penalties for perjury. that I have taken reasonable care to redact each Social Security Number in this
document. unless required by la\\. Jiro Merlander. laquu•e