HomeMy WebLinkAboutConsent to Encroach and Variance; 799 Spruce Drive; Zachary & Nicole Samson; CTE RFVDocuSign Envelope ID: E351361 E6-7B79-45EC-933E-FA86BEAE9A57
p
■�■ a s ate■
JAMES BRAINARD. NIAN-OR
1/6/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (pool concrete patio) at 799 Spruce Dr
Dear Board Members:
A Consent to Encroach document signed by Samson, Zachary J & Nicole P h&w, owners of the property with the
common address 799 Spruce 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 01/18/2023 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,
JereKashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57
CIT'Y"' -0F'CAIUVIEL
JAAIFS BRAINARD. NIA OR
1/6/2023
Board of Public Works and Safety
One Civic Square
Cannel, IN 46032
Re: Request for Variance (pool concrete patio) at 799 Spruce Dr
Dear Board Members:
Samson, Zachary J & Nicole P h&w, owner of the property with the common address 799 Spruce Dr, have requested a
variance from the Carmel City Code Section 6-227(a)(4) for the installation of a pool concrete patio 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,
Jeren Kashman, PE
City Engineer
DocuSign Envelope ID: E35D6lE6-7B79-45EC-933E-FA86BEAE9A57
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Samson, Zachary J &
Nicole P h&w, 799 Spruce 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 152 ("Lot") in SMOKEY KNOLL, section 2, 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 PB 14 PG 144-I47, Instrument Number 8746431 in
the Office of the Hamilton County Recorder on 11/03/1987, as SMOKEY KNOLL, section 2 (the "Plat"); and
WHEREAS, the current Owner wishes to install a pool concrete patio 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' Drainage Easement ,
identified as "10' Drainage Easement" 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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57
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: E35D61E6-7B79-45EC-933E-FA86BEAE9A57
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
Printe Name
Z411441--
tore
Date: /Z/Z;? Vz?
STATE OF INDIANA )
(() SS:
COUNTY OF 14 G n1 i I'T--(M )
PROPERTY OWNER
N1cott S-KKQIN
Printed Name
Signature
Date. V11,11 171
Before me, a Notary Public in and for said County and State, personally appeared 2val" S r+m s"" r'n CAN i c d ie � a m S rm
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 �eC E�r47e 20-4;),
My Commission Expires:
05-0to-11Oa.9
CAROLA DIXON
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0733529
My Commission Expires May 6, 2029
NOTARY PUBLIC
Printed Name
My County of Residence: N'w)11(v—el
DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Brainard, Presiding Officer
Date:
�bt.W ItiY�Ct,
Ma
Mi Vt t 3er
111§12
Date:
®ep
7yi1,6-WaNvu
Lori
?Nie4@4-
Date:
1/ 19/ 2 02 3
STATE OF INDIANA )
DatuSigned by:
S,K.
l�It'��1r3rk
Date: 1/19/202 3
""" HOLLY J. HARMEYER
So?RY P6e'% Notary Public, State of Indiana
z'SEAL="= Hamilton County
*'• Commission Number NP0737982
ANP My Commission Expires
„n " COUNTY OF HAMLLTON ) December 15, 2029
Before me, a Notary Public in and for said County and State, personally appeared JA ,
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.
Witness my hand and Note TiM Sea) this day of07"r—W 1010 /7"-) /
20,93
My Commissiov
/ Printed Name
•
My County of Residence:
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 I have taken reasonable care to redact each Social Security Number in this
document, unless required by law. Jon Oberlander, Esquire
DocuSign Envelope ID: E35D61E6-7B79-45EC-933E-FA86BEAE9A57
14
m
M�M
nW
W
z
V
06
r...
V
j
v
LIJ
U
to
d.
! n
0
O
m
a
t°
CL
Q
N
o
a
z
i
O
W
O
e
W
Y
O
cn
T e
a`
i
`♦
• C�� b �. A C 9
i
O
��Cti
►1CF•1D�y
N
�ii•
1�
�!!R�� R��••� 4w�� `�`r
i p 1
�
J C I` s• o>~
• )
�s
.� w
4��aR'L"aa��:
4 i w f; � ti� t• u
Y
o $� i
r•
y a t L ^^
•
qo
�o
ci[���u �ir'2R
Z.
•
c
'-
Ga¢re'N
tip:
�i
cib W � �
Ya i#i
pq
�
W=«e\L
•.o r•`y�� ao
ie•
ha�{
C'
p
1•Liw j b �
¢b �'D{ • C
i
/l/
C
6�Ovt •�� \•v
i
Lfr
StJ
.SL A`Y 9 `i YOY Y
,t II
R t L� i Z i f Z •°J i
�i a
}ref
y
^
a
a 4 b V
`• !
V
U.�.
`
D a�
� ono �"�•ic+'ae
„"C
a
n i
•
VY
b �
G�^
� i b G l i R
�G t N• �t1
L y^
•`a.
u � r
\
•�) l� O
• 1
t, rj
•^ v ♦ D.^
i^L��aoo5�c
�� R
•:�
OC`.S • C �a
9 �Oli C 90 b4 wd
� � L =
DocuSign Envelope ID: E35D6lE6-7B79-45EC-933E-FA86BEAE9A57
�N
0 T
>m
r
O
M
w0
Q
a
C> 0
c vz I
z
(n
<; rn
m
<
Z
o�
0z�a�
=nj
o b z
aAY
aa
O
nN
n
co
Ccm
M X
w
DX
Aq
m
M
=
r i
m
M
r Z
I—�1
o m
D
rX
v
m
Ho
8m
Z
9
r
c)
_�
s
p
1
M
>
z
a
a
M
M
N
mPo x �
0.
om
n
N
gym;
O
-*4 H r-i
GS m A
cz��
II1
���� ii ;g
_-- -----
fn
t c
z
o
�I
c�
O
i
DRIVEWAY ACT
Zo
E�
I
m
I
�`
-Ce1
nco
>
GARAGE
c
M
M
fl
I
m.
a8 o
c$o-
M
It
C
is l
ac
+.
I
cn
;am
'° I
x
p
M
>
r
i
0
M
�
c
j
r
Ag
4-6
Ag
Z
I
9'-7"
B
I
„z
m�
`
� °'q
m
np
-I
~
G
N
I
>
rn 0
Q
p
tl
i
rzo
.P.
�S t
• ��``
>�4f
Imn
O X
M y
� m
_
04
y
L
N
? m
T =
co
�k
coc
7'm
J
_0
m
o
�
�>
ma
O
�
..
r
NAME:�
SASM•7S9O9N S
PZRACCY
CITY: CARMEL, IN 46033
PHONE 2:
INDIANAPOLIS
OFFICE:
PHONE
1.951-475.4035
PHONE:317-690-7
NNNNETTLANE
CONSULTANT:
SUPERVISOR-.IARDANVA-NWYE
CUSTOMER
BILL-10tAPSON
S
SIGNATURE:
PHONE:317.97"187
CONTRACT DATE: 6l1612022
(44)
INDI 6228
OFFICE (1171 979�1n7
OFFIC (34710,9-�87DRAFTSMAN•