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HomeMy WebLinkAboutCTE & Variance - 3512 Cardinal WayDocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 J,AM-S 13HAINAw), iIN1AYOR 10/6/2023 Board of Public Works and Safety One Civic Square Carmel, 1N 46032 Re: Consent to Encroach (deck) at 3512 Cardinal Way Dear Board Members: A Consent to Encroach document signed by Salazar, Julio, owners of the property with the common address 3512 Cardinal Way , 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 10/18/2023 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: 25871783-397A-4D54-A3EA-553F47642B67 CITY ' OF CARMEL JANtt:s BitmN RD. NLkN-( : 10/6/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (deck) at 3512 Cardinal Way Dear Board Members: Salazar, Julio, owner of the property with the common address 3512 Cardinal Way, 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 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: 25871783-397A-4D54-A3EA-553F47642B67 CONSENT TO Eli C: ROACH H THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Salazar, Julio, 3512 Cardinal Way, 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 18 ("Lot") in STANFORD PARK, 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 3 SLIDE 577, Instrument Number 2005-9385 in the Office of the Hamilton County Recorder on 02/16/2005, as STANFORD PARK, 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 20-foot Drainage Easement identified as "20' D.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 B should not materially interfere with the City's use of the Easement. DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 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 terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 4. 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: 25871783-397A-4D54-A3EA-553F47642B67 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 Printed Name Sig] e Date: 20S STATE OF 1NDIANA ) ) SS: COUNTY OF ' h ) PROPERTY OWNER Printed Name Signature Date: 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. r(�i Witness my hand and Notarial Seal this day of 20,g:�) My Commission Expires: r�s;� NOTiy��,e 'o1sue• V �"' STA /milll�� -kJzZt-; NOTARY PUBLIC b f Printed Name �/' (�j My County of Residence: 11K ' "+ DocuSign Envelope ID: 25871783-397A4D54-A3EA-553F47642B67 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Not Present James Brainard, Presiding Officer Date: N/A LGDo."Ig"n•d : QIA A, 6AL- Mary Ann Burke, Member Date: 10/18/2023 ' ,U'o^cuft-d W: 1.� 1 W Lori Watson, Member Date: 10/18/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) — DocuSigned by: S,.<. Wi1;X1 Sue Wolfgang, Clerk Date: 10/18/2023 Before me, a Notary Public in and for said County and State, personally appeared , 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 Irday of 20,�3 My Commission Expires: �D pission NOTARY d •c, PUBLIC v: _ SEAL Jr�Qoh ;P. ND\ (-% It'. "n �) NOT PUBLIC _ JP s I Ca Printed Name My County of Residence: This instrument was prepared by Jon Oberlan'der;' 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: 25871783-397A-4D54-A3EA-553F47642B67 EXHIBIT A STANFORD PARK SECTION 1 A part of the Southwest Quarter of Section 20 and a part of the Northwest 04orter of Section 29, all in Township 18 North, Range 3 East, of Hamilton County. Indiana, more porticularty- described as follows: Beginning at sold Northwest Corner of the Southwest Quarter of the Southwest Quarter of Section 20. thence North 89 degrees 39 minutes 07 seconds East along the North tine of sold Quarter Quarter Section 626.86 feet; thence South 00 degrees '20 minutes 53 seconds East 120.00 feet; theme North 69 degrees 39 minutes 07 seconds East parallel to the sold North One 10.00 feet; thence South 00 degrees .05 minutes 54 seconds West 169.80 , feet; thence South 89 degrees 54 minutes 49 seconds East 18.94 feet; thence South 00 degrees 20 minutes 53 seconds East 17000 feet; thence South 89 degrees 39 minutes 07 seconds West parallel to the said North line 8.36 feet. thence South 00 degrees 20 minutes 53 seconds East 120.00 feet; thence North 89 degrees 39 minutes 07 seconds East paroUel to the soid'North line •36.4.36 feet; thence South 00 degrees 05 minutes 53 seconds West 460.00 feet; thence South 26 degrees 54 minutes 58 seconds East 151.11 feet to'a point on a curve concave easterly, the radius point of said curve being South 21 * degrees 14 minutes 03 seconds Cost 20.00 feet from sold point; thence southerly along sold curve -33.84 feet to the point of tangency of said curve, said point being South 61 de ees 49 minutes 42 seconds West 20.00 feet from the radius point of said curve; thence South 28 degrees 10 minutes 18 seconds East -49.33 feet; thence South 61 degrees 49 minutes 42 seconds.West 144.07 feet to the North line of the Northwest Roar -ter of Section 29, Townshtp'118 North. Range 3'East;'thence South 61 degrees 49 minutes 42 seconds West 25.93 feet; thence South 28 degrees- 10 minutes 18 seconds East 135.00 feet; thence South 08 degrees 23 minutes 08 seconds East 27.96 feet; thence South 00 degrees OS minutes 63 seconds West 760.00 foot; thence North 89 degrees 54 minutes 07 seconds West. 360.56 feet to a point on a curve concove northerfyr the radius point of sold curve being. North 31 degrees 47 minutes 09 seconds West 435.00 feet from sold point; thence westerly along said curve 241.32 feet to the poI►t of. tangency of sold curve, said point being South 00'degrees 00 minutes 00 seconds West' 435.G0 feet from the radius point of sold curve; 'thence South , 90 degrees 00 minutes 00 seconds West 345.22 feet; .thenoo South 45 degrees 01 minutes 20 seconds West 35.37 feet; thence South 00 degrees 02 minutes 39 seconds West parallel'to the West line of the Northwest Quarter of sold, Section 29 206.32 feet; thence North 89 dWoos 57 minutes 21 seconds West 45.24 test ' to a point on the West line of the said Northwest Quarter; * thence North 00 degrees 03 -minutes 21 seconds - Eost along sold West line 647.20 feet; thence North 89 degrees 53'minutes 21 seconds -East 660.00 feet; thence North 00 doges$ 03 minutes 21 seconds East parallel to the sold West line 563.52 feet to a point on the South Itne of the 'sold Southwest Quortgr Section 20; thence South 89 degrees. 40 minutes 15 seconds West along the said South line 356.01 feet; thence North 00 degrees 02 minutes 40 seconds East parallel to the West line of the sold Southwest Quarter Section 737.62 feet; thence North 89 degrees 57 minutes 20 seconds West to a point on the sold West line of the sold Southwest Quarter Section 304.00 feet; thence North 00 deggrrees 02 minutes 40 seconds East along the sold West line 574.14 feet to the place of beginning. Containing 34.512 acres, more or less, subject to all legal highways, rights -of -way*, easements,' and restrictions of record. This subdivision consists of 108 lots numbered 1-108 (011 inclusive) and 7 Common Areas labeled 1-7 (oil Inclusive). The sizes of lots and width ,of stieets are shown to lest and decimal parts thereof. Goss -Reference is hereby made .to a survey plot prepared by Stoeppelwerth & Associates, Inc. in accordance with Title 865. Article 1, Chapter 12 ,of the Indiana Administrative Code recorded as Instrument Number 200400071460 In the Office of the Recorder of Hamilton County, Indiana. I, the undersigned, hereby certify that I am a Registered Land Surveyor, licensed in compliance with the laws of the State of Indiana and that the within plat represents a subdivision of the lands surveyed within the cross referenced survey plat, and that to the best of my knowledge and belief there 'hos been no change from the matters of the sunray revealed • by the cross-reference survey on any lines that are common with the new subdivision. Witness my signature this 2446day of 2005ou4,!". IF ,1 Dennis D. Olmstead Now Registered Land Surveyor$Q0012 Indiana �k900012 4 STATEOF . s. Wti, p�11►.. �Q. �� The madder Corporation Qglo doll am Otis Anouo &ngisd Histories tat Burrison mew trd,tteeesn lodW apok Indius 4MS-1037 CIS •111 S17-M-7100 Cedop 317-826-7200 FAX acrMeMer Thin Plot Plan Prepared For. R.H. of ice Lot 18 , containing 6,404 S.F.t, in Stan Park Section , i IHS1R. 20050M385 P.C. Slide 577 CER1i�CA1E of UMC11ON WSTR. / 200500044195 Silly 2wp, UOK E County 3512 Cardinal Way (50'RM Carmel, IN. 46074 Prepared Date:10 Obi/05 : By. AMA Proposed Buyer(# Tanya Ingram Corru roily Restrictions: Side Yard -3' mh. Rear Yard - N/A Aggregate - 8 (8.11.) Manta Plot Plan legend ® Proposed Grades 000.0 ExIOng Grades Contour Grade * Approx. Lateral Location s -- Sanitary Sewer lines n Storm Sewer Lines v Water Service Lines - - - - - - Sub-Surfoce Drain Lines / Manhole (Sanitary or Storm) 40 Beehive inlet (Storm) ® Curb Inlet (Storm) !) End Seeccrtion (Storm) AK Fire Hyd — • • • • • • — Flow line of swole Building line (BL / BSL) - - - - - - - Easement Line R.H. of Indlono Finished Floor Devotion Information Pod Grade = 915.2 per plan Pad Grade + 0.7' - Garage FFE (915.9) _ Garaoggee FFE + IS- Residential FFF (M.41) Residential FFE - 9.0' - Bossment FFE (908.4 Note : The goroge fi hhed Am elevation Is 1.4' above the curb at the drh% per plan. Ground Cover CalclAations Dfhre - 517 SFt Public Walk -121 SFf Private Walk -39 SFf Hydroseed'x1g -n/a SFf Sod -432 SYf , from entire yard Note: The contractor is to maintain a minimum distance of ten feet (10') between the sonitry sewer and water line loterds. Sidewalk to be placed 1' from property line, 4' from back of cub, per plan. Note: Sanitary Sewer Top of Casting Information Upstream Manhole, TC-917.40 Downstream Manhole, TC-915.30 per pion. 16.3' from DaCK )roaerty line Note: No drawing is bowel an construction plans or record drawings, and 13 not based upon a field survey. The Schneider Corporation does not warrant the accuracy o sufficiency of this information. Contractors should verifl existing conditions prior to any construction. Any discrepancy found on this drawing should be reported I The Schneider Corporation hmedotely, failing to do so results In the contractors assumption of all liability. Note: Per Carmel zoning or&wm 2&1.1 : The residential dt&M IYnib height to twenty -flue feet (251, however a dwelling may be Increased In height to thirty-five feet (35) provded the We and rear yards are haeaeed on addlWnal one foot (11 for each one foot (11 the structure exceeds the first twenty -fine feet (251 In height Note: The basement elevation, depleted hereon, has beat determined and lased upon to pod grades and/err contours taken ram the can nacti n plans for this subdivision. Note stated, no Information about kWwo* water tables, sol conditions, or sol types has been provided or stated on sod plane. It Is reconmebdsd that the basement Bnbhed Moor elevations be at loot two feet (2) above the normal pad slevotlan of any odj*hhqq bodies of water, unless a study of facts reveoN otherwise. If during bile excavation process any grand water Is witnessed, The Schneider corporation should be notified Ynmedotdy. The basement elevation should be raised two feet (2) above the ground water, and additional construction techniques should be incorporated to alleviate future problems. Note: Sump pumps) to be placed by builder as needed. - rlo' L.M.E. _ — _ Lot # 18 913.5 layK163;' 91 1 Vb05.0042320 MY- >ka 17.2' U j112'i Not to Scale KEY O fRllaisy� A 0441 0 RESIDENCE t?511L rV o�o (0 North cd Scale Assume 1' - 33W TW CAR GARAGE h6' ra.o0 D.&R 1 914 9 s' WALK . PER PLAII � t]��p 914.5 fa. CARDINA WA Y Octal of era W/ Storm Woter & w pattern for hd "d iota I � � I i 1 l � Note: Bolder to ensure positive droin away from structur�s).