HomeMy WebLinkAboutENCROACHMENT-CTE & Variance - 3512 Cardinal Way-20231020DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
2023040234 ENCR $25.00
10/20/2023 02:27:08PM 8 PGS
Trini Beaver
Hamilton County Recorder IN LLP
Recorded as Presented
II II II II II II I I II I I III III
CITY"'J► MEL
JANIE-S BRAIN RD, iINIAN-O e
10/6/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 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 properly 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
CIr)�°16F CA MEL
JA\tt:s BitNINAHO. LvL-%ti"(m
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 FIOA for installation of the improvement if such approval is
required by the restrictive covenants of the development.
Respectfully,
Jeremy Kashman, PE
City L;nginecr
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
CONSENT TO ENCROACH
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 Cannel, 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.
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: 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: A
STATE OF 1NDIANA )
) SS:
COUNTY OF ' t'►G )
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. rd
Witness my hand and Notarial Seal this day of 20,Z:�)
My Commission Expires:
LNo s
is
U F
—o{
x, V
r ti%
— �kjLaktt - -
NOTARY PUBLIC
--."-C._, - r --
Printed Name �yj
My County of Residence: Ak ' "+ 1 W
DocuSign Envelope ID: 25871783-397A-4D54-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: NSA
Doau6gMe by:
M ry AKM, bAt.
Mary Ann
2Me3ber
Date:
Lori Watson, Member
Date: 10/18/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
—OocuSfpned by:
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 I" day of , 2Q3
My Commission Expires:
�D iK0
\����SS• �oq
O �
o-
NOTARY
PUBLIC v: _
SEAL a o:
NOT PUBLIC
Printed Name Jessilco,-D.
My County of Residence:
This instrument was prepared by Jon Obe'rlan'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 port of the Southwest Quarter of Section 20 and a port of the Northwest Quarter of Section 29. all In
Township 18 North. Range 3 East, of Hamilton County. Indlona. more portieulorly- dembed as follows:
Beginning at sold Northwest .Corner of the Southwest Quarter of the Southwest Quarter of Section 20; thence
North 88 degrees 39 minutes 07 seconds East along the North line of sold Quarter Quarter Section 628.86
feet; thence South 00 dogrses '20 minutes 53 seconds East 120.00 feet; thence North 89 dprsee 39 minutes
07 seconds East parallel to the sold North Una 10.00 foot, thence South 00 degrees 05 minutes 54 seconds
Weal 169.86 4set; thence South 89 degrees 54 minutes 49 seconds East 18.94 feet; thence South 00 degrees
20 minutes 53 seconds East 170.00 feet; thence South 89 degrees 39 minutes 07 seconds West parallel to the
said North line 8.36 foot; thence South 00 degrees 20 minutes 53 seconds East 120.00 feet; thence North 89
degrees 39 minutes 07 seconds East parotid to the sold'North line •35.4.36 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 East 20.00 feet trom sold point; thence southerly along sold curve -33.84 feet to the point of
tangency, of said curve, sold point beingg South 61 degrses 49 minutes 42 seconds West 20.00 feet from the
radius point of sold curve; thence South 28 degrees 10 minutes 18 seconds East.49.33 feet; thence South 61
degrees 49 minutes 42 seeonds.West 144.07 feet to the North line of the Northwest Quarter of Section 29,
Town 18 North. Ran 3*East, * thence South 61 degrees 49 minutes 42 seconds West 25.93 feet; thence
South 28 degrees• 10 minutei 18 seconds East 135.00 feet; (hence South OS degrees 23 minutes OB seconds
East 27.96 feet; thence South 00 degrees 05 minutes 53 seconds West 760.00 foot; thence North 89 degrees
54 minutes 07 seconds West 36$.56 feet to a point on a curve concave northerly, the radius point of sold
curve bring North 31 degrees 47 minutes 09 seconds West 435.00 feet from sold point; thence westerly along
sold curve 241.32 feet to the point of. ton qlency of sold curve, sold 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; .therico South 45 degrees 01 minutes 20 seconds West 35.37 feet; thence South 00
do roes 02 minutes 39 seconds West parallel'to the West line of the Northwest Quarter 4f said, Section 29
205.32 feet; thence North 89 dogreos 57 minutes 21 seconds West 45.24 feet - to a point on the West the of
the sold Northwest Quarter,, thence North 00 degrees 03 -minutes 21 seconds East along sold West line 647.20
feet; thence North 89 degrees 53-minutes 21 seconds East 660.00 (set; thence North 00 degrees 03 minutes
21 seconds East parallel to the said West line 563.52 feet to a point on the ' South line of the sold Southwest
Quortgr Section 20; thence South 89 degrees. 40 minutes 15 seconds West along the sold South line 358.01
feet; thence North 00 degrees 02 minutes 40 seconds East parallel to the West line of the said 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 degrees 02 minutes 40 seconds
East along the said West line 574.14 feet to the place of beginning. Containing 34.512 acres. more or less,
subject to all legal highways, rights -of -ways. easemsnts,-ond restrictions of record.
This subdivision consists of 108 lots numbered 1-108 (aq inclusive) and 7 Common Areas labeled 1-7 (oil
inclusive). The sizes of lots and width,*( stieets are shown in lest and decimal parts thereof.
Goss -Reference is hereby mods .to a survey plot prepared by Stoeppelwerth do Associates. Inc. in accordance
with Title 865. Article 1, Chapter 12 ,of the Indiana Administrative Code recor4od as Instrument Number
200400071480 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 lows of
the State of Indiana and that the within plat represents a subdivision of the lands surveyed within the cross
referenced survey plot. and that to the best of my knowledge and belief there 'hos been no change from the
matters of the survey rovealed • by the cross-referoncs survey on any lines that are common with the new
subdivision.
Witness my signature this 2446day of - 2005 ���►���11D1�������r��
cop
Ha a
Dennis 0. Olmstead s'
Registered Land Surveyor a 9W012.
Indiana #900012 8-TATEOR
ti ��
Exhibit B
Dios 1kJteeider Cacparwllm tb�serrsW
em 018 A"oae Cu►n11oE
Hit** hd BuTim IWANef» Irchnadm
917-tw=71110 Ceolop
• 317426-7900 FAX
Thle Plot Plan Prepared For. R.H. of
Lot 18 , containing 6,404 S.F.t,
Stone Pont
"-Aran , i
INM 2005000 M5
P.Cr 3, Slide / 577
fCATE of ON
WM / 200500044195
Clay
See 20, N X County
3512 Cardinal Way (50'R/W)
Carmel, IN. 46074
Prepared Dote: 10 06/05 : By. ARIA
Proposed Buyer(# Tonya Ingrom
no _
Plot Plan_ Legend
®
Proposed Grades
000.0
Existing Grades
---000.0-- Contour Grade
*
Approx. Lateral Location
i
Sanitary Sewer Lines
sT
Storm Sewer lines
v
Water Service Lines
- - - - -
- Sub -Surface Drain Lines
Manhole (Sanitary or Storm)
Beehive Inbt (Storm)
Curb Inlet (Storm)
D
End Seeccttion (Storm)
Ak
Fire Hy
— • • • • • •
— Flow line of $wale
Building Line (BL / BSL)
- - - - - -
- Easement Line
Note: Sanitary Sewer
Top of Casting information
Community Restrictions: Upstream Manhole, TC- 917.40
We Yard -3' min. Downstream Manhole, TC-915.30
Row Yard - N/A per plon.
AW#pte ■ 8 (B.H.)
R.H. of Indiana
Finished Row Elevation Information 16.3' from back
Pod Grade - 915.2 per plan
Pad Grade + 0.7' - Garage FIFE (915.9 ) property line
-- A ---
Gar a FFE + IS - RosWmtld FFF 917.4) 4.70
Resiventlal FFE - 9.0' - Bostment fTE (908.4) T] [Z 10' L.M.E.
Note: The goroge finMrod hoar devotion
Is 1.4' above the sub at the drtw, per plan.
Ground Cover Calculations
Drive - 517 SFt
Public Walk -121 SR
Private Walk -39 SR
Hydroseeding -n/o SFt
Sod - 432 SYf , from
entire yard
Note:
The contractor is to mointoin a minknum
distance of ten feet (10') between the
sonitry sewer and water the lotards.
Sidewdk to be placed
1' from property line,
4' from bock of curb,
per plan.
T-
M".-
NE
o iRilYAilt 3Y� gSyT.
0 BESiDENCF
T1N0 CAR
CABAL
Note:
This drawing Is Dosed an construction plans or record
drawings, and is not Dosed upon a field survey. The
Schneider Corporation does not warrant the accuracy o
sufficiency of this information. Contractors should verify
existing conditions prior to any construction. Any
discrepancy found an this drawing should bs reported I
The Schneider Capaotlon Immediately, f614 to do so
results In the contractors assurVilon of ell lloblllly
Note:
Per Camel zoning or&xm 28.1.1 :
The residential district limits WI to twenty -the
feet (25), however a "Ing may be k aeoaed In Adght
to thirty-fvs feet (35) pruvlded the side and rear yards
are Increased an additional one foot (1) for each
one foot (11 the etructurs exceeds the first
twenty-five feet (25) In height.
Note:
The bossmenl elevation, depicted hereon, has bean
determined and based upon groda and/or
o IMS tdun Dom the pions for this
ebdhblon. limas stoted, no in orlon about &xhmtbg
water tables, col conditions, OF sal types hoe bean
providad or stated an said plans. it Is reoarrnwWod that
the bosrnent finished lour devatlons be at least two feet
(2) above the normal pod elevation of any od)Anhg
bodies of water, unless a study of We reveals WmwbL
If during the excavation process any ground water Is
witnass4 The Sul"* Cwpawtion "" be notified
Immediately. The bosrnent demotion should be robed two
feet (21 cbm the ground water, and additional
construction let w4m should be incorporated to alleviate
future problems.
T Note:
Sump pump(s) to be plocW by
_........._ bulder as needed.
__. Lot # 18
--.�- Vb05.0042320
f INot tC' Sr'- IP I
16' 20 U.M1.F. 1r
avf �� /
D�� 7 ra
91.9
PER PLANs~
' /
J a�. 914.5 � merle y
e-eFIR 83
CARDINA WAY
0
o�o
Assumed North
Scale : 1' - 30'
Ostoil of (;round/ Storm
Water In pattern for
indtridud Iota
I �
I
I !
I �
Note: Builder to ensure
positive drain away
from atructur7s).