HomeMy WebLinkAboutCTE - Variance - 13580 Brentwood LnDocuSign Envelope ID: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
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JA�it:s BRAINARD. XIAYOR
5/25/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (15-20 Green Giant Arborvitae) at 13580 Brentwood Ln
Dear Board Members:
A Consent to Encroach document signed by Pyle, Michael D & Caroline H CoTrustees of Pyle Lvg Trust, owners of
the property with the common address 13580 Brentwood 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 06/07/2023 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,
Jeremy Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
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JA.\Ih:ti BitAINARD. N AYOR
5/25/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (15-20 Green Giant Arborvitae) at 13580 Brentwood Ln
Dear Board Members:
Pyle, Michael D & Caroline H CoTrustees of Pyle Lvg Trust, owner of the property with the common address 13580
Brentwood Ln, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a 15-20
Green Giant Arborvitae 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: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Pyle, Michael D & Caroline H
CoTrustees of Pyle Lvg Trust, 13580 Brentwood Ln, 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
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 2 ("Lot') in BRENTWOOD, 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 PB 9 PG 27, Instrument Number 28784 in the Office of the
Hamilton County Recorder on 1029/1981, as BRENTWOOD, section 1 (the `Plat'); and
WHEREAS, the current Owner wishes to install 15-20 Green Giant Arborvitae 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 15-foot Utility and Drainage
Easement, identified as "15' U&D 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: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
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 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 hereta
DocuSign Envelope ID: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
IL . 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
Signature
-�-/o - 2�
Date:
STATE OF INDIANA )
) SS:
COUNTY OF1'yl
PROPERTY OWNER
1$0 �s • NX
Printed Name
Signature
Date:
1--ID, Z3
Before me, a Notary Public in and for said County and State, personally appeared 11 1 Io li t) G t,,J &{ U1 w— -P`1
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed.
Witness my band and Notarial Seal this i0_ day of if 20�-:
My Commission Expires:
RESECCA REED
Notary Public - Seal
Delaware County - State of Indiana
Commission Number NP0746347
My Commission Expires Jan 24, 2031
NOTARY PUBLIC p
Printed Name
My County of Residence: 4-h yW► h) n
DocuSign Envelope ID: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: Not Present
James Brainard, Presiding Officer
Date: N/A
D—Signed by:
�}Yffi9' eaft, Member
Date: 6/7/2023
ED-u$lg..d by:
AidU14m,
0ffdsow$&mber
Date: 6/7/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
LSI,,-dby:
wc "Wn
Sue Wolfgang, Clerk
Date:
6/7/2023
Before me, a Notary Public in and for said County and State, personalty 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. 1
Witness my hand and Notarial Seal this I 1� day of Un e , 20 0 .3
My Commission Expires:
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NOTA& PUBLIC
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Printed Name
My County of Residence: L
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: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
CI h i I I I CA1 I Of SlJRUY Exhibit A
I, the undersigned, do hereby certify the attached plat to be true and correct
to the best of ray knowledge and belief, representing a subdivision of part of the
Northwest Quarter of Section 29, Township 18 North, Range 4 East and part of the
Northeast Quarter of Section 30, Township 18 North, Range 4 East in Clay Township,
Hamilton County, being more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter of said Section 30;
thence North 89054'31" West (assumed bearing) on and along the North line of said
Quarter Section a distance of 101.000 feet to the Point of Beginning of the herein
described land; thence South 00005'29" West a distance of 46.350 feet; thence South
45°40'56" East a distance of 26.350 feet; thence South 38048'16" East a distance of
29.500 feet; thence South 29039'37" East a distance of 27.840 feet; thence South
19046'52" East a distance of 27.670 feet; thence South 15035'00" East a distance of
29.240 feet; thence South 05*20'25" East a distance of 31.290 feet; thence South
07°25'17" West a distance of 59.130 feet; thence South 46028123" East a distance of
16.370 feet; thence South 00°50'29" East a distance of 71.250 feet; thence South
60021'32" East a distance of 146.090 feet; thence South 11027'08" East a distance
of 145.000 feet; thence North 30*58107' East a distance of 205.000 feet; thence
North 09°32'06" East a distance of 178.600 feet; thence South 89'18'33" East and
parallel with the North line of said Northwest Quarter Section a distance of 75.850
feet to a point 193.570 feet South 00006'15" East of the North line of the North-
west Quarter of said Section 29; thence South 00°06'15" East and parallel with the
West line of said Northwest Quarter Section a distance of 794.930 feet; thence South
89053'45' West a distance o 100.000 feet; thence North 39°24'24" West a distance of
209.738 feet to a point on a curve concave Northwesterly having a radius of 50.000 eet
and an angle of 18°03'57"; thence Southwesterly on and along the arc of said curve said at,
being subtended by a chord having a bearing of South 75043'38" West and a length of
15.700 feet) a distance of 15.766 feet to the point of tangency of said curve; thence
South 84'45'36" West and tangent to the last described curve a distance of 144.256 feet
to the point of curvature of a curve concave Northwesterly having a radius of 225.000
feet and an angle of 04°11'33"; thence Southwesterly' on and along the arc of said curve
(said arc being subtended by a chord having a bearing of South 86°51'22.5" Westand a
length of 16.460 feet) a distance of 16.464 feet to the point of tangency of said curve;
thence South 88057'09" Test and tangent to the last described curve a distance of 176.603
feet to the point of curvature of a curve concave Northeasterly having a radius of 155.000
feet and an angle of 88°36'19"; thence Northwesterly on and along the arc of said curve
(said arc Ding subtended by a chord having a bearing of North 46°44'41.5" West and a
length of 216.519 feet) a distance of 239.100 feet; thence South 89°53'45" West a dis-
tance of 191.766 feet; thence "forth 00°06'15" west and parallel with the East line of
the Northeast Quarter of said Section 30 a distance of 705.000 feet to a point on the
North line of the Norhheast Quarter of said Section 30; thence South 89°54'31" East on
along said North line a distance of 476.500 feet to the Point of Beginning, containing
in all 14.546 acres; subject, however, to all legal highways, rights -of -way and ease-
ments of record.
This subdivision consists of 14 lots, numbered from one (1) to fourteen (14), both
inclusive, and streets as shown hereon. The size of lots and widths of rights -of -way of
streets are shown on this plat in figures denoting feet and decimal parts thereof.
��,•OL C. ��'•,,� Certified this 29 h day of ScalrAhCr 1981
too ;,� ••'•1S T•••ae ,
MID -STATES ENGINEERING CO., INC.
H9788
oA_ E &
DocuSign Envelope ID: D6ED0996-282A-4E8A-B9F1-B9DFCD49288B
Exhibit B