HomeMy WebLinkAboutCTE - 14159 Kodiak Dr - Derek EdwardsDocuSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE
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JA\1r5 BRAINARD, MAYOR
11/6/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (patio and landscaping) at 14159 Kodiak Dr
Dear Board Members:
A Consent to Encroach document signed by Edwards, Derek J, owners of the property with the common address
14159 Kodiak 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 11/15/2023 BPW meeting.
The Department of Engineering has reviewed and approved the encroachment document. Upon approval and
signature by the Board Members the document will he recorded with the Hamilton County Recorder's Office.
Sincerely,
Jeremy Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE
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CI T :. <; MEL
JA.xiF, BitmwARD, LNIAYOR
11 /6/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (patio and landscaping) at 14159 Kodiak Dr
Dear Board Members:
Edwards, Derek J, owner of the property with the common address 14159 Kodiak Dr, have requested a variance from the
Carmel City Code Section 6-227(a)(4) for the installation of a patio and landscaping 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: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE
LUG M _ 1 M ."_ i
ll
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Edwards, Derek J, 14159
Kodiak 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 13 ("Lot") in TROY ESTATES, 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 6 SLIDE 155, Instrument Number 2021-67927
in the Office of the Hamilton County Recorder on 09/16/2021, as TROY ESTATES, (the "Plat"); and
WHEREAS, the current Owner wishes to install a patio and landscaping 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 15-foot Regulated Drainage
Easement, identified as "15' R.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: 56AA3096-2BAE-4646-8EE6-D86066D3C8AE
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:
1. 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 bit 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: 56AA3096-2BAE-4646-8EE6-DB6066D3C8AE
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"
PROPERTYOWNER
'Derck J F44✓a4s
Printed Name
ignature
Date: Lc.,4 L5,1z 7-3
STATE OF INDIANA )
) SS:
COUNTY OF Q + ViTyl _ )
PROPERTY OWNER
Printed Name
Signature
Date:
Before me, a Notary Public in and for said County and State, personally appeared DerL K J. L. A(/,) R r-J S
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. r
Witness my hand and Notarial Seal this a5day of 0G0y r1 e Y' 20
. 1�44-�e
My Commission Expires: NOTARY PUBLIC
a-6 . Dtp :A0A9
re( 0, bl�
Printed Name
My County of Residence: N a m' � ey-'
CAROL A DIXON
Notary Public - Seal
rmilton County - State of Indiana
ommission Number NP0733529
Commission Expires May 6, 2029
DocuSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE
,1CITY10
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
Do SIMed by:
BY:
Jam Brainard, Presiding Officer
Date: 11/15/2023
Am'.l t,
ees+e eeeeeeeea
Mary Ann Burke, Member
Date: 11/15/2023
f---Dmuftmd by:
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t,bYl-ws6t,
Lori Watson, Member
Date: 11/15/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMII TON )
=--DocuSlpned by:
Sac. W
Sue Wolfgang, Clerk
Date: 11/15/2023
Before me, a Notary Public in and for said County and State, personally appeared JAWS 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 15tday of , 20,13
My Commission Expires:
A'D'K0MN/
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NOTA PUBLIC
c�esSica �. Korna
Printed Name
My County of Residence:4114M
v
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 I have taken reasonable care to redact each Social Security Number in this
document, unless required by law. Jon Oberlander, Esquire
DocuSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE
Exhibit A
LAND DESCRIPTION
Part of the Northeast Quarter and part of the Northwest Quarter, all in Section 19, Township 18 North, Range 3 East of
the Second Principal Meridian, in the City of Carmel, Clay Township, Hamilton County, Indiana, based upon a
Boundary Retracement Survey prepared by Michael G. Judt, Professional Surveyor #21500017, HWC Engineering
Project Number 2019-305, more particularly described as follows:
BEGINNING at the southwest comer of said Northeast Quarter, said corner marked by a railroad spike; thence North
89 degrees 45 minutes 30 seconds East (assumed bearing) along the south line of said Northeast Quarter a distance of
235.18 feet; thence North 00 degrees 07 minutes 54 seconds East a distance of 659.97 feet to a south line of Overbrook
Farms, Section 1, per plat recorded in Plat Cabinet 4, Slide 161 as Instrument Number 200600061278in the Office of
the Recorder of Hamilton County, Indiana; thence South 89 degrees 45 minutes 56 seconds West along said south line
of said Overbrook Farms, Section 1 a distance of 237.37 feet to the southwest corner thereof; thence North 00 degrees
13 minutes 13 seconds East along a west line of said Overbrook Farms, Section 1 and along a west line of Overbrook
Farms, Section 2, per plat recorded in Plat Cabinet 5, Slide 274 as Instrument Number 2014053277 in said Recorder's
Office, a distance of 653.44 feet to a south line of 'Me Preserve at Bear Creek, Section 2, per plat recorded in Plat
Cabinet 5, Slide 491 as Instrument Number 2016020371 in said Recorder's Office; thence South 89 degrees 50 minutes
56 seconds West along said south line of said Preserve at Bear Creek, Section 2, a distance of 657.71 feet; thence South
00 degrees 03 minutes 26 seconds West a distance of 1314.35 feet to the south line of the Southeast Quarter of said
Northwest Quarter; thence North 89 degrees 45 minutes 36 seconds East along said south line a distance of 657.19 feet
to the POINT OF BEGINNING, containing 23.385 acres, more or less.
DocuSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE
Exhibit B
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LEGEND:
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LOT 13
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SANITARY SEWER
TROY ESTATES
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