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Home My WebLink AboutENCROACHMENT-Consent to Encroach - 14472 Jeremy Dr. - Cox-20230817DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF m m m JANIFS 13RAiN.ARD, iVIAY(M 7/26/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Deck) at 14472 Jeremy Dr Dear Board Members: 2023031536 ENCR $25.00 08/17/2023 02:39:34PM 8 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented A Consent to Encroach document signed by Cox, Justin M & Mishell E Trustees Justin M & Mishell E Cox Rev Trust. owners of the property with the common address 14472 Jeremy 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 08/02/2023 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 I lamilton County Recorder's Office. Sincerely, Jerem E ashman, City Engineer JMZ DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF CITY-T)]F ., : MEL 7/26/2023 Board of Public Works and Safety One Civic Square Carmel. IN 46032 Re: Request for Variance (Deck) at 14472 Jeremy Dr Dear Board Members: Cox, Justin M & Mishell E Trustees Justin M & Mishell E Cox Rev Trust, owner of the property with the common address 14472 Jeremy Dr, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Deck 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 impro\ ement that, in the opinion of the City. represents a Detriment as defined in City Code. Petitioners shall obtain approval from the IIOA 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: A783BF4D-1315-40FE-B644-39D2680629DF •cc CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Cox, Justin M & Mishell E Trustees Justin M & Mishell E Cox Rev Trust, 14472 Jeremy Dr, Cannel, 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 WITNESSETH: WHEREAS, Owner owns in fee simple Lot 230 ("Lot") in FOSTER ESTATES, 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 16 PG 35-36, Instrument Number 8818500 in the Office of the Hamilton County Recorder on 08/30/1988, as FOSTER ESTATES, section 1 (the "Plat"); and WHEREAS, the current Owner wishes to install a Deck 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 Variable Width Drainage Easement , identified as "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 material)), interfere with the City's use of the Easement. DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF 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: The foregoing preambles, recitations and definitions are made a part hereof as though such were fulIN 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 terns 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 lmprovment, 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. S. 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: A783BF4D-1315-40FE-B644-39D2680629DF 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 =round 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" PROPER T S' O 11,NIER Date: Cc>c& -ft STATE OF hA ) SS: COUNTY OF 19 ) PROPERT)' O1VNER Printed Name Signature Date: Before me, a Notary Public in and for said County and State, personally appeared �Ll1 i iN 4�7� 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 -,g,,/Jday of 2003. My Commission Expires: NOTARY PUBLIC Printed Name My County of Residence: -JL'—'�'`� t ABRAHAM P. MATHEW 1 1 NOTARY PUBLIC STATE OF COLORADO 1 NOTARY ID 19994026740 1 MY COMMISSION EXPIRES 00QJl20PJ • . s......►..�...e.e.023 DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY F,, D—Signed by: BY: j.'' —^�97Z56F8T James Brainard, Presiding Officer Date: 8/16/2023 D—Signed by: FWf'iWOBUMe, Member Date: 8/16/2023 DocuSii'g11ned by: Lm+Wwt1t'P,4Member Date: 8/16/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) FDocuSlpned by: 5 _-' J J Sue Vo gang, erk Date: 8/16/2023 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 day of 20 el. 3 My Commission Expires: �\\�X ItI1NU1rri D.KO y% \��`�SS• �lssion F. q�%�� NOTARY ;44 PUBLIC <t 0 SEAL �. 3,a !/ton r- Q /%Sj+•°� Numb E/OF'IN��P��\ NOT Y PUBLIC 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. .Ion Oberlander, Esquire DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF FXHIRIT A Certificate of Survey I, TIIE UNDERSIGNED, IIEREBY CERTIFY THAT TIIE WITHIN PLAT IS A REPRESENTATION OF THE LANDS SURVEYED, SUBDIVIDED AND PLATTED UNDER MY DIRECT SUPERVISION AND CONTROL AND THAT IT IS TRUE AND CORRECT TO THE [TEST OF MY KNOWLEDGE AND BELIEF. Pnrt of the Northeast Quarter of Section 19, "Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being described as follows: Commencing at the-nortlicast corner of said Northeast Quartcr, thence Nmth 89 degrees 57 minutes 37 seconds West (Assumed Bcaring), along the North line of said Northeast Quarter Section, 1712.21 feet to the Beginning Point; thence South 00 degrees 02 minutes 23 seconds West 40.00 feet; thcncc South 13 degrees 46 minutes 57 seconds West 143.37 feet; thence South 22 degrees 0.1 minutes 11 seconds West 189.09 feet; thcncc South 12 degrees 56 minutes 20 seconds East 287.32 feet; thence South 06 degrees 23 minutes 54 seconds East 50.05 feet; thence South 12 dcgrecs 5•1 minutes 25 seconds East 154.,00 feet; thcncc North 76 degrees 43 minutcs 38 seconds East 308.49 feet; thence South 05 degrees 00 minutcs 00 seconds East 211.38 feet; thcncc South 11 degrees 50 minutes 34 seconds East 50.36 feel; thence South 05 degrees 00 minutes 00 seconds East 169.32 feet; thence South 90 degrees 00 minutes 00 seconds West 1287.12 feet to the West line of said Northeast Quarter Section; thence North 00 degrees 02 minutes 09 seconds West, along the said N%'cst line, 1192.71 feet to the Northwest corner of said Northeast Quarter Section; t1;-ncc South 89 degrees 57 minutes 37 seconds East along the said North line 945.03 feet to the Beginning Point, containing 27.861 acres, more or less. mv; SU1tDivisiUN t ONSiS-(S OF •t1 I.01S N11MBERED 223 THROUGH "5,. 269 T11R000H 273 AND 308 THROUGII 313, TOGETIiER Wl"I'll C'Olk-11\10N' AREAS, STREETS. EASEMENTS AND PUBLIC WAN'S AS SHOWN (IN THl' ap WITHIN PLAT. THE SIZE OF LOTS AND WIDTHS OF STREETS AND EASEMENTS ARE SHOWN IN FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF. DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF John V. Schmider, P.F... 1. 1.. EXtlit)It B 5['a:[ D. Rrewrter, A.L.A. Preaideaf ._._ Panl C. Clalre, P.E. SlrPhen M. Cooper. L.S.. Alan R. Cl—afan.l. L-S. Vke-Preddeal of S-- inp Wol7 L. Dal. L.S. Jark .•V. So°16eeland HMi, W. Blear,d D. Gf R.L.S. D. Glecekl[i. L.S. Vke Prealdenl of Enpineerl William R. Groin. P.E. Naner h1. Rnntschlwa SCHNEIDER ENGINEERING CORPORATION�'d '�- 1lendvsn. P.F_ C. re per Treawrer e'innnt J- Seh Aer, P. S.. Gar? R. K.W.L.S. Jamca M. Mek7an. L.S. Retlredl:on+ tml OeeG C [°- Se Iced Planners I nd 0— A. Nklwknn, P.E_ Itki—d G. Pa�bark, L.S. 3020 Norlh Pea f ndlana poilt. Ia %d61246?1 P.D. Rea 160da Ih[ene A. Slurrcr, P.F.. TO; 13171 69"982 Indlalupods, fadW dd226-0Odtl Fa s: f3171 Bp!-DOIa G10 �r ai> U R .%T s ear /'-3iJ' /nO YFia,�Fe�a G..,.c B/t-s o Easement Line gu:td;b9a ,jPtj co.�t fwt.tr deck �aT /"G Ate/ — LCT G 3Q J=a