HomeMy WebLinkAboutENCROACHMENT-Consent to Encroach - 14330 Overbrook Dr - Lovik-20230829DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
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JANII ,�, BRAINA141). NIA) l)R
2023033156 ENCR $25.00
08/29/2023 11:59:15AM 8 PGS
Trini Beaver
7/25/2023 Hamilton County Recorder IN
Board of Public Works and Safety Recorded
Its II II II I 111111111111111111111111
II II II I I II
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (pool, pool deck and covered open structure) at 14330 Overbrook Dr
Dear Board Members:
A Consent to Encroach document signed by Lovik, Kenneth J, owners of the property with the common address 14330
Overbrook 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 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,
Jeremy Kashman, PE
City Engineer
ATTACI IMENI : CONSEN-I TO ENCROACH DOCUMENT
FDS
DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
JA\IUs 13HAINARD, NI-MM
7/25/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (pool, pool deck and covered open structure) at 14330 Overbrook Dr
Dear Board Members:
Lovik, Kenneth J. owner of the property with the common address 14330 Overbrook Dr, have requested a variance from the
Carmel City Code Section 6-227(a)(4) for the installation of a pool, pool deck and covered open structure within a portion of
the lot designated as an casement. 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. (wc will record
the agreement for you).
Petitioners (and successors and assigns) agree to remedy am drainage issues resulting Irom the installation of the
improvement that, in the opinion of the Cit). represents a Detriment as defined in Cite Code.
Petitioners shall obtain approval from the I IOA 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
•c°
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Lovik, Kenneth J, 14330
Overbrook Dr, Carmel, Hamilton County, Indiana 46074, (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 51 ("Lot") in OVERBROOK FARMS, 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 4 SLIDE 161, Instrument Number 2006-61278 in
the Office of the Hamilton County Recorder on 10/10/2006, as OVERBROOK FARMS, section 1 (the "Plat"); and
WHEREAS, the current Owner wishes to install a pool, pool deck and covered open structure 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 30-foot Drainage and utility
easement , identified as "30' D.&U.E."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 13 should not materially
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 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 tenns 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.
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 m 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
4-
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P ' e ame
Signature
Date: D
STATE OF INDIANA )
' \ ) SS:
COUNTY OF NJA-e:,n )
PROPERTY OWNER
Printed Name
Signature
Date:
Before me, a Notary Public in and for said County and State, personally appeared [ �e-n ae°L Lout �\
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 as day of 20
My Commission Expires:
Ct-1Ve>beC 15 , ba-77
.......till, HEATHER A WHITAKER
Notary Public, State of Indiana
Z;SEAL;"_ Commission Number NP0722970
fit•, tr
,, � . • My Commission Expires
October 15, 2027
NOTARY PUBLIC
Printed Name
My County of Residence: c i�
DocuSign Envelope ID: A783BF4D-131540FE-B644-39D2680629DF
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
DocuSipned by:
BY: %I w '�?
James rainard
"' Presiding Officer
Date:
8/16/2023
n,Do-c'uSign/e�d by: 6,J
ai3A€P ike, Member
Date: 8/16/2023
1DocuSigned by:
1 e 11)4 61.
t,ei4PMiMvrg4alember
Date: 8/16/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
—DocuSig'ne``d', by:
Sul. to Wn
Sue Wolfgang, Clerk
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 I [ day of 20).3
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My Commission Expires: _ :Z NOTARY =_
PUBLIC a: —
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NOT PUBLIC
�SsIG(Abhp
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 l have taken reasonable care to redact each Social Security Number in this
document, unless required by law. Jon Oberlander, Esquire
DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
r"'� "--� OVERB ROOK'V FARMS
SECTION ONE
Secondary Plat
LAND DESCRIPTION:
1, the undersigned, a registered land surveyor in the State of Indiana hereby certify that the within plat represents a survey and
subdivision prepared under my supervision of the following described real estate located in the Northeast Quarter of Section 19,
Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana:
Commencing at the Southeast comer of the Northeast Quarter of Section 19, Township 18 North, Ringo 3 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 45 minutes 56 seconds West (assumed bearing) on
the South line of said Northeast Quarter 328.00 feet to the PLACE OF DE024NING of the within described subdivision; thence North
00 degrees 05 minutes 18 seconds East parallel with the East line of said Northeast Quarter 670.00 feet; thence South 89 degrees 45
minutes 56 seconds West parallel with the South line of said Northeast Quarter 330.00 feet; thence North 00 degrees 05 minutes 18
seconds East parallel with said East line 641.32 feet to an existing fence line that is 2.87 feet South of the North line of the South I lalf
of said Northeast Quarter; thence South 89 degrees 46 minutes 33 seconds West on and along said fence line 292.87 feet; thence South
89 degrees 39 minutes 40 seconds West on and along said fence line 191.79 feet; thence South 89 degrces 57 minutes 33 seconds West
on and along said fence line 174.39 feet to a fence corner, thence North 01 degree 17 minutes 36 seconds East on and along an existing
fence line 30.59 feet; thence North 66 degrees 41 minutes 07 seconds West 35.92 feet; thence North 20 degrees 35 minutes 27 seccnds
West 45.69 feet; thence North 00 degrees 13 minutes 13 seconds East 100.00 feet; thence North 89 degrees 46 minutes 47 seconds
West 226.14 feet to a point on a non -tangent curve, the radius point of which lies 225.00 feet South 76 degrees 48 minutes 08 secor.6
West from said point; thence Northwesterly, curving to the left on said curve, an arc distance of 16.03 feet to a point that is 225.00 feet
North 72 degrees 43 minutes 10 seconds East of the radius point of said curve; thence South 72 degrees 43 minutes 10 seconds West
180.00 feet; thence North 39.degrees 01 minutes 08 seconds West 33.33 feet; thence North 83 degrees 52 minutes 02 seconds West
55.30 feet; thence North 89 degrees 42 minutes 03 seconds West 100.00 feet; thence South 87 degrees 57 minutes 55 seconds West
90.91 feet; thence South 56 degrees 50 minutes 12 seconds West 89.12 feet; thence South 12 degrees 26 minutes 31 seconds West
78.24 feet to a point on a lire that is parallel with and 410.00 feet East on the West line of said Northeast Quarter, thence South 00
degrees 13 minutes 13 seconds West parallel with said West line 200.00 feet; thence North 89 degrees 46 minutes 47 seconds West
180.00 feet; thence North 00 degrees 13 minutes 13 seconds East 41.04 feet; thence North 89 degrees 46 minutes 47 seconds West
230.00 feet to the West lieu of said Northeast Quarter; thence South 00 degrees 13 minutes 13 seconds West on said West line 59357
feet to a point that is 660.00 feet North of the Southwest comer of said Northeast Quarter, thence North 89 degrees 45 minutes 56
seconds East parallel with and 660.00 feet North of the South line of said Northeast Quarter 1314.90 feet to the West tine of the Ea t
I lalf of said Northeast Quarter; thence South 00 degrees 09 minutes 15 seconds West on the West line of said East ifalf 660.00 fee to
the Southwest comer of said East Half; thence North 89 degrees 45 minutes 56 seconds East on the South line of said Northeast
Quarter 987.66 feet to the place of beginning, containing 47.812 acres, more or less.
Subject to all legal casements and rights -of -way.
This subdivision consists of 61 Lots, numbered 1 through 38, 51 through 67,77 through 82, and five areas designated as Convuon
Areas, labeled as CA 1 through CAS, together with streets all as shown on the within plat. The size of the Lots, Common Areas, and
the width of the street rights -of -way are Shown in figures denoting feet and decimal parts thereof.
Witness my signature this/S day of_9e__, OD
lk
Allan H.1Veihc, Registered Land Surveyor, Indiana Number 10398 ��� iEq
NO. 1�'\
* 10398
STATE OF
-INDIN
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DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
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AS .'BUILT
Exhibit B
14330oOVIK BR oRE�ID�ENCEMEL, IN 6074
PERMIT PLAN
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