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Home My WebLink AboutCTE - Variance 1570 Jensen DriveDocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF m i m ■ .. � ■tea JA.Nw-s BRAINAM), MAYOR 4/20/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Landscaping) at 1570 Jensen Dr Dear Board Members: A Consent to Encroach document signed by Roncevic, Ashley Rhea & Alan w&h, owners of the property with the common address 1570 Jensen 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 05/03/2023 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, r�- Jeremy Kashman, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF ISO; ;we;. li JA\IH:ti BKA1NARD. MAYOR 4/20/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Landscaping) at 1570 Jensen Dr Dear Board Members: Roncevic, Ashley Rhea & Alan w&h, owner of the property with the common address 1570 Jensen Dr, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Landscaping 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, Jeremy Kashman, PE City Engineer DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 4 j, 4"t CONSENT TO ENCROACH '-, JAO THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Roncevic, Ashley Rhea & Alan w&h, 1570 Jensen Dr, 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 26 ("Lot") in CLAY CORNER, 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 5 SLIDE 790, Instrument Number 2018-3354 in the Office of the Hamilton County Recorder on 01/23/2018, as CLAY CORNER, (the "Plat"); and WHEREAS, the current Owner wishes to install Landscaping 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 and 20-foot Drainage, Utility and Sewer Easements, identified as "10' D.U.&S.E. and 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 Caramel 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: F958AD14-DC17-4D8D-B2B6-A04320874CCF 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: 1. 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 Improvenent, 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 tenns 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: F958AD14-DC17-4D8D-B2B6-A04320874CCF 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 nowl-ad +� L Signaturesi � Date: `-T 1 -7 Z- _ PROPERTY OWNER i,4N POCOVIC. Printed,NNaame Signature Date: ty I ��PY'A///i NATASHA D DUGDALE STATE OF INDIANA `ot►.•••.umr ` Notary Public, state of Indiana SS: -=:SEAL"- Marlon County COUNTY OF A �L: {* N S * * SCommission Number NP0739434 ��/�'M q//Hp�Apl �� y commission Expires P: /" January 12, 2030 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 decd. �h Witness my hand and Notarial Seal this day of pi _ _, 207-.3. My Commission Expires: Jaill 2-, 2-0.3,3 !��1 NOTARY PUBLIC Printed Name My County of Residence: A (L-qoN DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Fp� — Wa W. t James Brainard, Presiding Officer Date: 5/3/2023 Mary Ann Burke, Member Date: 5/3/2023 —a: Lori Watson, Member Date: 5/3/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Sue Wolfgang, Clerk Date: 5/3/2023 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 (lie foregoing "CONSENT TO ENCROACH" on behal f of the City of Carmel, Indiana. -R1 Witness my hand and Notarial Seal this day of, 2012-) �XJ1111111801"0 My Commission Expires: -;�� OTARy Z •''/�1111111 NOTARY PUBLIC Printed Name I My County of Residence: This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Cannel, 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: F958AD14-DC17-4D8D-B2B6-A04320874CCF Exhibit A SUROM11PS GRATE D=U N LAD ISVRU A part of the Southwest Quarter of Section 27 and the SouthrW Ouarler of Seethes 24 both in Toes# 18 Nate Range 3 Eost fin gay Tohmshp Namflon Comlt lid IM bang more parbadariy described as COIMNMO at the Northwest aw of sold Southwest Wilt, thaace South 00 degrees 07 Was 17 seconds Nest (boa of bwq a '!_he Seoandory Plot of Vflage of WeslWy Secbm 15002-A, os per plot thereof retarded as hstrwnent number 2DW5256 n the Once of the Reader of ad Casty} doing the Wet line of sold Quarter Section a dhstarnce of 1000f feet to the southerly right -of -ray {the of 131st Street os desubed in a W rronty Deed to the Cdy of Carmel, bdhaeo, receded as InsWrient number 2008005094 a sad Recorder s Office and the POW Or BEG91NlNG, the folowng nine (9) oahrsea are o10119 sand southerly nght-ol-ray Ines and tM hrestedy (fight -of -Ray line$ of Cby Gabler Road at desc W in ad Deed, (1) North 89 degrees 10 stales 04 sseands Eat 2142 feet, (2) WM 76 degrees 17 males 12 seconds Earl 179 51 flat, (3) North 84 degeee 15 minutes 45 seoonda East 17554 f+et, (4) Not 89 degrees 09 mhnules 42 ownds East pordd rhlh the darn line of sod Warier 69 73 feet, (5) South 47 degrea 30 minute$ 50 seconds East 114 60 feet, (6) South 22 degrees 01 minute 08 seconds Eost 223 43 fat to o post on o we to the r#t howq o mdo of 460 M feet, the robus post of whKh bears South 67 degrees 58 mates 52 wcor s Nest, (7) southerly abng sand rive a arc distance of 17064 feet to a poet vArch bears North 89 degea 14 mates 08 seconds East tom sad radius puns, (8) South 00 degrees 45 minutes 52 seconds Cod parotid mth the eat Me of o boct of land deeabed fin o deed recorded as inatrurrheat No 200200096470 in sad ReadWe Office o dstmn of 7519 feet (0) North 89 degea 14 moil" 08 seoands East 4000 feet to sad mHt tine, Uherha South 00 degrees 45 minutes 52 worlds Eost dung solid cost Iahe o distance of 6M 25 feet to the southeast comer thereof, Thera South 89 degrees 10 wnates 11 seconds ►rest along tha south Me of sod trod of lad a dlstanoe of 126383 text to the southeat caner thereof and a point on the Nest ine of said Southwest sorter, thence North 00 degree 07 notes 17 words East dan9 tad Mfedt line o ad" of %4 02 feet, lanes North 83 degas 52 minutes 47 sew* Most a datana of 7 79 (eat to a pond an a tangent am to W W1 honing o rolhus of 14 00 feet the rWes poet of Arch bears South 06 degrees 01(sales 13 woods ki Uwha westerfy and southwesterly obog said curve an arc dalwa of 1789 feet to a pond Rhlch ben North 67 degrees 04 minutia 35 awds %t tom said rodehs pant to a point on a non -longest ass to the IeA having a mom of 155 00 bet the radnht Pont of 06 bear: North 67 degrees 04 mates 35 sea R6 best, Uwe WUWy along sod tuna an orc distance of 6169 feel to a point shah bears South 89 degrees 52 minutes 43 seconds East from sad radius poinl, two North 00 degrees 07 mnutea 17 seats Eod pardel wth the East ho of said Southeod Ouster Section o Wain of 106 20 feet to a pot on a tangent wrw is tM left M" o radius of 415M feet IN radus point of wird► bears Math 89 degroes 52 mates 43 sewnds best them earth ( and nartlhwestedy dong sad pine an arc didni of 29188 feet to o point jW bears North 49 degrees 49 msnuta 26 worsts Eosfrom sand rodnn XI N�ortlh' 00d e Nxth49 r sites U se md33 s Eat doing mid East � dot= Of 5039100 to UM Pod Poin of fBBegrWast ring fiAk*q,3417 om we or less DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF FExhibit B I I 3 HOT PAPAYA C NEFLOWER �l wa ®• ,,, - _ I LITTLE 111E HYDRANGEA 3 WALKE05 LOW CATf NT 7 3 GREEN GIANT AR",'41 AE I .. s Al -LEY 20' D.U.&S.E. — I m s51AN SAGE 3 DECORATIVE PANFL5 - - (48'W X -M) FRF7JUa DRA14(DA51 ED LNE) ARTFICAL TURF - I STEPPNG STONE5 — I CAE5AR5 BROT1 ER R5 I F:X61tJG ARBORVIIAE —fl GRUNG AREA I7C I 1 I LIGLLAlaA 2 MOVED ARBORMI AE - DECORA'FM GRAVEL -I N BACK BEDS 4 MOVED YEW -i - 51EPPNG 57OM - 3 MOVED YL14 - �-"LI 3 BOBO HYDRANGEA - 5TEPFNG STONES - I HARDY 1VbClr) - - 3 KARL FOER5TE - 5 GREEN VELVET BOXWOOD - - 4 FIREWTCH DIANI"-- MING MAPLE - 3 WALKER'S LOW CAThNr -� — DECORATIVE GRAVEL c N BACK BED5 3 CLt 1BER5 ON PANELS — 2 KARL FOER5TER GRA55 — 3 DECORATIVE PANELS - (4BW X 72'44) UFL1GHT5 ON GUTTER �- I PYRAf DAL BOXWOOD �- 12' MANTENANCE STRIP I I 1 1 1 - 2 MOVED YEW I I I I 1 IF12MANTMANCE STRIP3 L1T n.F. I f'V HYDRANGEA 10' D.U.BS.E. I F1RELiGtiT HYDRANGEA 5 GREEN VELVET BOXWOOD =N EMING 5FLKOVA 0 5 0 20 SCAU N FEET RONCEVIC RESIDENCE S0. A 1570 JENSEN DRIVE `""D`"'"` '"` CARMEL, IN 46032 ww abber;b►�m 4317 Out 146th Street, Carmel, Indiana 460