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Home My WebLink AboutCTE & Variance - 13594 Dallas DrDocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3 CIMEL JAXIF.S 13HAINAM), NMAY R 6/12/2023 Board of Public Works and Safety One Civic Square Cannel, IN 46032 Re: Consent to Encroach (Hardscaping) at 13594 Dallas Dr Dear Board Members: A Consent to Encroach document signed by Travis, Randall L & Patricia K, owners of the property with the common address 13594 Dallas 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 06/21/2023 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: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3 CITE OF CARMEL 6/12/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Hardscaping) at 13594 Dallas Dr Dear Board Members: Travis, Randall L & Patricia K, owner of the property with the common address 13594 Dallas Dr, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Hardscaping 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, ";-; Dc:�� Jeremy Kashman, PE City Engineer DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3 a CONSENT TO ENCROACH THiS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Travis, Randall L & Patricia K, 13594 Dallas 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 27 ("Lot") in FOSTER MANOR, section 1, which is located within the corporate limits of the City of Cannel, 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 12 PG 8-10, Instrument Number 859240 in the Office of the Hamilton County Recorder on 07/07/1985, as FOSTER MANOR, section I (the "Plat"); and WHEREAS, the current Owner wishes to install a Hardscaping on the Lot (the "Site Improvement"); and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement oil 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.L•."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 Cannel 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: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3 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 Agreemcnt 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: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3 1 I . The Owner agrees to provide fill 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 R an dv -Trav j s Printed Name Signature Date: H rL2 7 7 0 2_3 STATE OF INDIANA ) j/ // ) SS: COUNTY OF tU -- l 't _ _. ) PROPERTY OWNER V,14V, Printed Nam Z2,zy,r, Signature �r Date: J Before me, a Notary Public in and for said County and State, personally appeared &J 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 Sea] this ;?7 day of di My Commission Expires: CALEB D SHAFFER Notary Public - Seal Madison County - State of Indiana Commission Number NP0739902 My Commission Expires Mar 16, 2030 , 207-3 9 -- NOTARY PUBLIC a l�5 � Qtr Printed Name My County of Residence: Yr 04 f so, _ _ DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY — Dxusigned by: BY::,, Jamd29Ffii9 ; Presiding Officer Date: 6/21/2023 .—DOCn_mm .y: �1'I.rziFi.� Qlrt.4t, t, �Iar.F�tH°�i; Member Date: 6/21/2023 - Docu3llIglIned by: 1 hV! tn�a�'AU Date: 6/21/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON } - DmuSlpned by: a>u t c W-1 ti ue6Woligang0ICIerk Date: 6/21/2023 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 the foregoing "CONSENT TO ENCROACH" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this��ay of J1 20 oL3 My Commission Expires: \��111VUu111Nri� oo5A4 2p�f+-0'. s NOTARY v :o PUBLIC v: SEAL 0 /��isT+Dn Humb- 111111/0 Printed Name ^ My County of Residence: i 't u �► ` 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: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3 Q X V• f e3 v Le W a� -2 3' 9 iY-, ',J �'' p '�d G�; +-Q .-< � .'�.,) �•�}E r ti al �+•-�+ .: �' _.q{ . C= • ',fir.F I-• to u 0 1 t+$�.. ;r — `,t ;;+ LP r{.•i ` ,•, U1. III r-+aa.3 fCW'•tWC.,,«Mtx.G t fr ti 0 ,= W s w ,P 1-4 a, iW (� S { C' tJ ram» ?M -4 '.. W `D M� > . l '�u•.ri. tiwJy fiN 'w1i w -W aF/ W o t ^,, M� G23 tN LJ 4/ i:•i .t3 aJ :+'1 J9 %yq =-• [. W ♦� e-1 f-•+ )fi)�tt i'' • »I >* r C7 tl. 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