HomeMy WebLinkAboutCTE - 4976 Tudor Pl - Gary Rubin & Sue HustedDocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F66lD54709D
CI'I'� EL
JA>ttS 13K,INaw), ,®iAYON
8/17/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (deck replacement) at 4976 Tudor PI
Dear Board Members:
A Consent to Encroach document signed by Rubin, Gary D & Sue A Husted h&w, owners of the property with the
common address 4976 Tudor PI , 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: DA9405C4-9096-4613-9820-7F661 D54709D
i j
I F ' 7 MEL
J v.tt:, BRAINARD, MAYOR
8/17/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (deck replacement) at 4976 Tudor PI
Dear Board Members:
Rubin, Gary D & Sue A Husted h&w, owner of the property with the common address 4976 Tudor Pl, have requested a
variance from the Carmel City Code Section 6-227(a)(4) for the installation of a deck replacement 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: DA9405C4-9096-4B13-9820-7F661D54709D
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Rubin, Vary D & Sue A
Husted h&w. 4976 Tudor PI, Cannel. Hamilton County. Indiana 46033. (individually and collectively, "Owner"). and the City of
Cannel, I Iamilton County, Indiana. by and through its Board of Public Works and Safety ("City").
WITNESSF.TI1:
WHEREAS, Owner owns in fee simple Lot 29 ("Lot") in BROOKSIIIRE LAKES, section I, 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 8 PG 36, Instniment Number 3524 in the Office of
the Hamilton County Recorder on 12/1 t'1979, as BROOKSHIRE LAKES, section I (the "Plat"); and
WHEREAS, the current Owner wishes to install a deck replacement on the Lot (the "Site Improvement"); and
WHEREAS, Owner has given the City it 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
WiJEREAS, the Site Improvement will he constmeted oat portions of the Lot designated as Variable Width Drainage
and Utility Easement , identified as "D. & U.E•."on Exhibit B (the "Easement"); and
WHERF,AS, 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 L•'ncroachtnent is crosshatched on Exhibit B; and
WIIFRFAS. City of Carmel Board of Public Works and Safety approves the Owner's rCe(ucst for a variance from
Cannel City Code Section 6-227(4); and
WIIERFAS. Owner and City acknowledge the location ol'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 13, and
WiIFRFAS, the location of the Site Improvement as indicated by the Owner on r..xhibit B should not materially
interfere with the City's use of the Easement.
DocuSign Envelope ID: DA9405C4-9096-4B13-9820-71`661 D54709D
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 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.
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: DA9405C4-9096-4131 3-9820-7F661 D54709D
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
Prin ed Name
Signatu e
Date
V-14-23
STATE OF INDIANA )
} ) SS:
COUNTY OF tbffliu
PROPERTY OWNER
Gt �X e-
Printed Name
Signature A/'/—
Date: 'T
Before me, a Notary Public in and for said County and State, personally appeared &GY
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. law'v
Witness my hand and Notarial Seal this day of 20 Z
My Commission Expires:
NOTARIPUB IC
Printed Name
My County of Residence: , ' J
DocuSign Envelope ID: DA9405C4-9096-4B13-9820-71`661 D54709D
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
DocuSlp%n�d by:�
BY: !_�..
James Brainard, Presiding Officer
Date: 9/6/2023
Aat°oowshc.e by:
eyf. lyw, 1 A(,
li" drke, Member
Date: 9/6/2023
oocuepn.e by:
Lon Waison; 9vlember
Date: 9/6/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
— DocuSigned by:
s.-wow
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 day of ��F`1�`�" � 20 '.
My Commission Expires:
d"Il
0rr►u i r t�«ir,
i
NOTARY • s
PUBLIC
hoA�
NOTAY PUBLIC
e5S ► ea �• o►rn
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. Jon Oberlander, Esquire
DocuSign Envelope ID: DA9405C4-9096-4B13-9820-71`661D54709D Exhibit A
Hamilton County, IN - Property Report for Parcel #: 16-10-28-01-01-027.000
Current Owner as of August 10.2023
This information is updated 5 times a week.
PROPERTY ADDRESS: DEEDED OWNER SUMMARY INFORMATION:
4976 Tudor PI Rubin, Gary D & Sue A Husted h&w Parcel Number: 16-10-28-01-01-027.000
Carmel, IN 46033 4976 Tudor PI State Parcel Number: 29-10-28-101-027.000-018
Carmel, IN 46033
Legal Description:
Sectio nfTownship/Range:
Subdivision Name:
Subdivision Section:
Deeded Acres:
Political Township:
Lot Number(s):
Last Recorded Date:
Acreage .60 Section 28, Township 18, Range 4 BROOKSHIRE LAKES Section 1 Lot 29 Irregular Shape
28118/4
BROOKSHIRE LAKES
1
0.6
Clay
29
8/9/2011
claimer: This program allows you to view and print certain public records. Each section reflects information as of a specific date; so the information provided in different sections or reports may no
ch. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the
rerty of interest-
DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D
Exhibit B
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PROPOSED SITE PLAN
SCALE: 1/16" - I'-0"
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DATE PROJECT ADDRESS:
05 JULY 2023 SHEET: 1929959 4976 TUDOR PL, CARMEL,
SCALE: 31 49 23 99. PROPOSED SITE PLAN IN 46033, USA
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DocuSign Envelope ID: DA9405C4-9096-4613-9820-7F661 D54709D
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IN 46033, USA