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
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KEY
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0441
0 RESIDENCE t?511L rV o�o
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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 �
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l �
Note: Bolder to ensure
positive droin away
from structur�s).