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Home My WebLink AboutCTE - 2945 Weatherstone Dr - Stephen & Mandy MellingerDocuSign Envelope ID: DA9405C4-9096-41313-9820-7F661 D54709D W QEL JM,ws BRAINARD. ��"IAti"UR 8/22/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Concrete patio) at 2945 Weatherstone Dr Dear Board Members: A Consent to Encroach document signed by Mellinger, Stephen & Mandy h&w, owners of the property with the common address 2945 Weatherstone 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 09/06/2023 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: DA9405C4-9096-41313-9820-7F661 D54709D �; � 11 ms ... ■m M■ 1 sm. JA\1t:S BRAINARD, MAYOR 8/22/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Concrete patio) at 2945 Weatherstone Dr Dear Board Members: Mellinger, Stephen & Mandy h&w, owner of the property with the common address 2945 Weatherstone Dr, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a 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. Respectfully, Jeremy Kashman, PE City Engineer DocuSign Envelope ID: DA9405C4-9096-41313-9820-71`661 D54709D CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Mellinger, Stephen & Mandy h&w, 2945 Weatherstone 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 2 ("Lot") in BROOKS BEND, 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 PC I SLIDE 350, Instrument Number 9344728 in the Office of the Hamilton County Recorder on 09/14/1993, as BROOKS BEND, section 1 (the "Plat"); and WHEREAS, the current Owner wishes to install a 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 15-foot drainage, utility and sewer easement, identified as "15' DU&SE" 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: DA9405C4-9096-4613-9820-71`661D54709D 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 hereto. DocuSign Envelope ID: DA9405C4-9096-4B13-9820-71`661D54709D 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 Date: b- T/ PROPERTY OWNER Printed Name MM e1 XX -C J Signature Date: r i 1 L1 )I plorido�- STATE OF I? riA A5 ) !! ) SS: COUNTY OF Ct," ) Before me, a Notary Public in and for said County and State, personally appeared'�0��1 by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as hil or her voluntary act and deed. /` l Witness my hand and Notarial Seal this �`i day of 202V. 4uvm�,;T:�ka ANTONI05OLARTE otary Fubtic= <ietP o' P;crlCa My Commission Expires: NOTAR PUBLIC¢ Commission # GG 961321 My Comm, Expires Apr &, 2C2� S 20 14/140r,lc, j Printed Name ) My County of Residence: IA-. I, DocuSign Envelope ID: DA9405C4-9096-4613-9820-7F661 D54709D "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Slyn�d by: D BY: F;; �7266r�2f8B" •"•... James Brainard, Presiding Officer Date: 9/6/2023 oo usyn•d by: ar°Y"- Trdrke, Member Date: 9/6/2023 Lon Vaison; Member Date: 9/6/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) —DoeuSiyned by: sue. water Sue Wolfgang, Clerk Date: 9/6/2023 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 1 day of � ' 20_Q 3 My Commission Expires: F4, A ice% ot-203� p% o. NOTARY c� PUBLIC _ SEAL /O? Numb",-* NOTAY PUBLIC Jess 1 Cd _J)• kon1rJ Printed Name My County of Residence: 4LU 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: DA9405C4-9096-4613-9820-71`661 D54709D Exhibit A LAND DESCRIPTION OROOKS 09NO SECTION 1 Wtut of the Vlect Hag of ttte ttrtn ae t Querbef of Section 7. Township 17 North, flange 4 Vzd In Hwut wn County, tndtrta, dasrribad as f lows: COM"ne" at the Wte"A Corrw of the woof hdf of WO east quartal of said fieckn 7; thonee North 89 do"s 23 MUM 20 seconds Eest (assumed bearmo) along the south Ins thomo a distance of t1t19.15 foot the Point of 19/Qinr+,ttt0, therroe 14or0t 00 dogtaos 00 m:rttr 00 6e00nds 9M a dittenoo of 469.32-Q0 ff*ije.NOM 37 dAWaee 00 tttf Ae$ 00 secbrds rays a d %tamo of 2212t is f"fortft $3 es 00 nft*66 00 seconds West a ifiow co of 169.701004 thaice 4040--c4 1r t 00 mrrtutss 00 second't East a distant:a 01150:00 46et; thence EottthV dpgroee 00 mbtutos 00 Secoroft EAA a of 14.33 feet; tniqca North 37 `fj9r q0 rntiiUUM 00 East a di d 110,00 foot; dioatao Nam W ciKreas bo iimlW4 00 seconds YAW 8 dstartco of 248.78 tact; foice North 3t de0*4 00 n ' 00 ocvwde East a dis'.4n00 of IK04.108t thence South 82 d4Qr8atr 00 arehi9t" 00 seconds East a 0'*4_' of 391,90 $OM th0noQ South 06 $rgraes' 08 m tide t2a tss a �sts,n0o of 40.D0 fort; fitertee 6otrgt 51 defines 08 infnutes65 se Vast a diS#di a of M47 felt; >tto"t4oflh 83 4 ` Ss ra'Was 26 s Eliot a o5t tano0 of 50.00 Iasi t0 the Nl DAO'rry Limited � ftipht-W,Way One of t3titts Pftd b 431 South Avesta) i or s for I.S.H.Q V P161 d #,465. (i3) dated60; 19 dogreoa 08 minUt" 34 seconds East dottfi said of way n d sixtca of 202f,t32 feat to r paint b4Gi Qrl a a,�r "gnt cun*0 q a r of 19,OQ3. fool the radius point of W* h br -SatRh' 86 r tlprees 11 49 sdoortds t�fast train ss� point,' thkoce zoutlmV. on said curve and right 01 way 5ne art aio dlwtatto0 of 397,02, fept to a Point 19.003.36 fort Ninth 87 datirm 23 mk%-Oft 98 0owndt Eartfrom said radius Pvint; ttrftce South 00 d9oroea 11 rn;nytes go t ecatt b. bysst along cold rtpht pt yray gne tu a dttcs of 423.94 feet to tho tjor% dgig of Wiy tt,"d t�A j Sines per.!Vd 1110W�ay P%"r� thence South 83 dogross 15 minutes le S@Con fs West afcaig srdd right 0t Way lima a dtsumo of 8&78 fae0 theme South So dWdas 30 rlt.mg 05 se�nd0 West along seta right of wayons a 01"an" at 100.00 toot; thtnco South 78 de*rees 20 mtnutss 29 soaortds Want dong ss°d right of way tine 4 d $W" of 101.9a Net ftnoe $tenth' 00 dvW*cs 20 MlInt"s 5$ seoohds Vast a d4Unft of 7.45 fast to ow iouth Ww of send ra nuM yvartaf section; theme South 89 sfbgroas 23 miniAek 20 sews ds Mast q* the e0M Me dx+roaf a ckstartce Of WZ6 feat to the POIt11 of Beginning. Comarri g 16.444 act, more or Isis 000 t358 DOO 2123N9 deo DocuSign Envelope ID: DA9405C4-9096-4613-9820-7F661D54709D :IOAM 1317)BSS-2803— 317 682 29624 3/ 5 J06 V-Schneider, PE. L.S. Pressdmn Gary R. Kmt, LS. StephenM.coop.r,,�.s.' FXflShill (3 -- Edward D.GIWWMl,La. vi¢4Prewrat orOpentioas . ti. James M. Mtdryaa. LS• Nancy RueechbS Richard G. Payback. L.S. Coetrohlcr-Treasurer Wesley L. Day, ham. Ivan J. Evans. LS. Vlacenr J. ScAaeWtr, P. E; LS. SCHNEIDER ENGINEERING CORPORA710N . 14h7-1990 CNN Enjineers r Land Surveyors • Land Planners 99th STREET r 40 ' HALF R/W dticd or PrJrr. '�--- LOT # 2 OF SrA s`, 6,160 SF 1'YALX U Xe�� rro , _ ao CRSENBSLT ilFPdR se Dv k 56.00'd\STYSMUSd176 -, 77. DMM[ r NOpTpterrrcnf,lc — ... — — — � •t7:6' _ — PPRRY/T OMLY. � f T. sae a !RY k = k a0 !� i� � Y1 * AM"WA/Ar! LOGAYMN MN!!N! lJIAR! X ddA!X Ur./ AND vIrla slAWY AND L,Yt Y!C 7 / Air. Seri" PA/YA"r 8 Y�r � waY d �°AsoAs >i MAW 7 .f I il.ei' X3_Bls � ri * SY• DU 1 N dJ.S3' k S (� PRpPgrlD 4RID! 36.d r7tA CON3'rRLCr1oX C"Ae! 1 YAM M.YS! 6.00' Ir APn6V I rAL! am NRS 7PJ'R _ PLAN Xorc BROOKS BEND DRIVE "` °'lrrxeroXs e"arX sllo�c,cA"r out fv aor o! 40' R/W- Sax sdrsR TO s 778.07 777.0J PdR SAN SdrdR polt SAN SPrdR RICORD DRArIM RMJW DRAMIM Y m PLOT PLAN LOT # 2 tYP/CAL srAu SmleX BROOKS BEND SECTION ONE INSTR. # 93 44728 PC # 1 SLIDE # 350 PJVA& J-Wr $%AX 2945 BROOKS BEND DRIVE rr/ro/Ya ar cos es-rrer-u 1rA�4A WC DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F66lD54709D