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Home My WebLink AboutCTE - 1012 Auman Dr. E - Cannon, Jeffrey John Trustee-2023031515DocuSign Envelope ID: A783BF4D-131540FE-B644-39D2680629DF �_. V� � � s_3 JANntS Iil(AiNARI), 1NIAY(M 8/7/2023 Board of Public Works and Safety One Civic Square Carmel. IN 46032 Re: Consent to Encroach (Pathway/Driveway) at 1012 Auman Dr E Dear Board Members: 2023031515 ENCR $25.00 08/17/2023 02:36:20PM 8 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II I I III I II I I II A Consent to Encroach document signed by Cannon, Jeffrey John Trustee of' Lindsey Family Trust, owners of the property with the common address 1012 Auman Dr E , 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 08/16/2023 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 0111ce. Sincerely. i:�77 Jeremy Kashman, PE City Engineer AITACHMENI : CONSEN T TO I NCROACII DOCUMENT DocuSign Envelope ID: A783BF4D-1315-40FE-6644-39D2680629DF 71 1 , F' CI EL .)A.Nns BRAINARD, NIANO R 8/7/2023 Board of Public Works and Safetw One Civic Square Carmel, IN 46032 Re: Request for Variance (Pathway/Driveway) at 1012 Auman Dr E Dear Board Members: Cannon, Jeffrcy John Trustee of Lindsey Family Trust, owner of the property with the common address 1012 Auman Dr E, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Pathway/Driveway within a portion of the lot which will encroach into those segments of Auman Drive East which are contiguous to the Real Estate. 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 ti"om the installation of the improvement that, in the opinion of the City. represents a Detriment as defined in City Code. Respectfully. �;; 2<z-�� Jeremy Kashman, PE City Engineer DocuSign Envelope ID: A783BF4D-131540FE-B644-39D2680629DF CONSENTTO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into b} and beween Cannon, JefYrey John Trustee of Lindsey Family Trust.1012 Auman Dr E. Carmel. Hamilton County. Indiana 46032. (individually and collectively, "Owner"). and the Citv of Carmel. Ilamilton County, Indiana, by and through its Board of Public Works and WITNF.SSE III: WHEREAS. Owner owns in fee simple certain real estate which is located within the corporate limits of the City of Carmel. Indiana and is more particularly described in Exhibit A (the "Real Estate"). attached hereto and incorporated herein by this reference: and WHEREAS, the current Owner wishes to install Pathway/Driveway on the Real Estate (the "Encroachment)" which will encroach into those segments of Auman Drive fast (the "Right of Way") which are contiguous to the Real Estate and which are identified on the drawing attached hereto and incorporated herein by reference as Exhibit B (the "Drawing"). in the manner and locations shown on the Drawing: 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 WI IERFAS. Owner and City acknowledge the location of'the Encroachment: and WHEREAS. Owner acknowledges that this Agreement does not imply am approval of existing or future improvements not indicated by O%\ner on Exhibit B. and NOW. TI fEREFORI:, 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 mutualh promise. agree and covenant as follows: l he foregoing preambles. recitations and definitions arc made a part hereof as though such \\ere full} set forth herein. 2. I he City consents to the Encroachment for only so long as (i) the Encroachment exists: and (ii) Mner complies \\ith all of'the terms and provisions of this Agreement. 3. O\\ner covenants and agrees not to extend. increase. modify, alter, landscape. reconfigure or otherN\ise change the Site Improvement froth what is depicted on Exhibit 13. and to maintain the Site Impro\cmcnt in good condition and repair. DocuSign Envelope ID: A783BF4D-1315-40FE-6644-39D2680629DF 4. Owncr agrees that City shall have the right to remove an% portion of' the Encroachment as Cite deems necessary, in City's sole discretion and that. should the Cite take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of amdamages thereby caused to the Encroachment, the Real Estate, or to Owner 5. Ox%ner agrees and acknowledges that the City's consent to encroach vyithin the Right of Way, as provided in this instrument, regards the City's Right of Way 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 Right of Way. 6. Owner agrees and acknowledges that the Encroachment. as provided in this instrument, does not violate am covenants and restrictions applicable to the Encroachment 7_ Owwner agrees that the Encroachment will not create standing water and/or other drainage problems that affect the City or adjacent property owners and that, if such problems arise, the Cite, in its sole discretion, may itself remove or may notify Oxwncr who shall then immediately remove, all or any portion of the Encroachment as is necessary to correct such problems, at Owner's sole cost and expense. R. O\\ner agrees that the water floe From the Encroachment shall be directed away from all street travel lanes and that water from the Encroachment shall not be permitted to spray onto, traverse or otherwise come into contact with any travel lanes or paved areas of any street or street intersection. 9. Owner agrees to repair or replace, at Owner's sole cost and expense and to the City's reasonable satisfaction. any utilities or improvements (whether located above, below or on the surface of the Right•ot-Way) damaged as a result of the installation, construction, maintenance or operation of the Encroachment. 10. Owner agrees to install identification tape or identification wire on the Encroachment that \will alloy the City to readily determine the underground location of an} Encroachment. I I . Owner agrees not to alter the ground surface elevation \within the limits of the Right of Way at any time. 12. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Right of Way and any improvements located therein caused by the installation. construction. maintenance and/or operation of the Encroachment. 13. Owwner agrees to indemnify and hold harmless Cih, its officers. officials. members. employees, invitees. licensees and agents, (i) from and against any and all losses, liabilities, damages. claims. judgments. attorney fees and costs arising from any bodily iniun. death or properh damage occurring during the initial installation and during an\ subsequent use. maintenance or repair of the Encroachment and (ii) for any failure of proper disclosure pursuant to Paragraph 17 hereof. 14. The parties agree that the terns of' this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 15. l he parties executing this Agreement represent and %yar•ant that the\ are authorised to enter into and execute this Agreement for and on behalf of the party \yhich the\ represent. DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF 16• This Agreement shall be effective as of the date on which it is last executed by a party hereto. 17. The Owner agrees to provide hill disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Real Estate on and after the effective date of this Agreement "OWNER" PROPERTY OWNER Printed Name //JJl r C — Si rature Date: `-J-1 PROPERTY OA,'NER Printed Name Signature Date: j it k D"ID A GILLESPIE STATE OF N to A ) Official Seal S$: Notary Public - State of Illinois My Commission Expires Nov 30, 2026 COUNTY OF Coo i - ) Before me, a Notary Public in and for said County and State, personally appeared 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 Scal this Cday of ) ,/ � 1 _ __ , 20_� My Commission Fxpires: NOTARY PUBLIC b c, �- j /11 Printed Name My County ul' Residence: C 001 c DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF nC•I.FYn CITY OF CARMEL, INDIANA. BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY DocuSigned by: i, 12-P BY: J6F8218 1.. �ramar , residing Officer ames Date: 8/16/2023 DocuSigned by: Ntaln., Q�u 1°�,tt�t. fv' 4fflfiBWtke. Member Date: 8/16/2023 DocuSigned by: rt " Vffi 4Ii?member Date: 8/16/2023 STATE OF INDIANA ) SS: COUNTY OF IIAMICION ) DocuSigned by: cdl++••UU__CC__Wtft@ °SCIerk Date: 8/16/2023 Before me. a Notary Public in and fix said County and State. personally appeared JAMES BRAINARD. MARY ANN BURKE and LORI WAfSON, 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 IIIF. CITY OF CARMEI„ who acknowledged the execution of the foregoing "CONSENT 1'0 ENCROACH- on behalf of the City of Carmel. Indiana. Witness my hand and Notarial Seal this day of 20� tttttttttA ipUU�� 10 yp4-2p3�+q O :� NOTARY My Commission Expires:- :� PUBLIC: NOT Y PUBLIC :0 SEAL o. ti o jeSs►Ca uton C-° �Q. L` a031 .�sT .^ N�mce•. �P�� Printed Name %;O'F"NOttt�� Mt County of Residence: This instrument teas prepared b} Jon Oberlander. ["squire. Assistant Corporation Counsel One C'iyic Square. C'armcl. Indiana 46032. 1 aflinn under the penalties liar perjure. that I hate taken reasonable care to redact each Social Sccurit\ Number in this document. unless required by lath. Jon Oberlander. Esquire DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF Hamilton County, IN - Property Report for Parcel #: 16-10-31-01-04-020.000 Exhibit A Current Owner a, or r,,ly r5 2J23 -?.D'ERTYADCR,ESS CEECED'.-);S'NER 3ur•.irAARY iNF�-Coili 1012Auman Or E Cannon, Jeffrey John Trustee of Lindsey Family Trust Parcel Number: 16-10-31-01-04-020 000 Carmel, IN 46032 1228 Elm St State Parcel Number 29-10-31-104-020.000-018 Park Ridge, IL 60068 Legal Description: Acreage 00 Section 31, Township 18, Range 4 AUMANS ADDITION Lot 84 Section/Towns h i p/Range: 31 / 18/4 Subdivision Name: AUMANS ADDITION Subdivision Section: Not Available Deeded Acres: 0 Political Township: Clay Lot Number(s): 84 Last Recorded Date: 12/18/2020 Disclaimer: 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 not match 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 property of interest Docu Sign Envelope ID: A783BF4D-1315-40FE-B644-39D26806296F N (4— Wcu KID _ F 8 S 0 0 cu Z�tjmK� CV N f � sue. o -r3 QJ CCS ; Cz_ C _ -_ mmmmb C6