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Home My WebLink AboutCTE - 1053 Serenity Court - John Rinehart & Rebecca J WanickDocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 CITY" ''OF CARMEL JANrn-� I RAID WD. 1NL» O R 11 /28/2023 Board of public Works and Safety One Civic Square Carmel, IN 46032 Re: Consent to Encroach (Boulders and native grasses) at 1053 Serenity Ct Dear Board Members: A Consent to Encroach document signed by Rinehart, John H & Rebecca J Wanick jtrs. owners of the property with the common address 1053 Serenity Ct , 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 12/06/2023 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 DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 CITYI OF CAl'U 1EL 11 /28/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (Boulders and native grasses) at 1053 Serenity Ct Rinehart, John I I & Rebecca J Wanick jtrs. owner of the property with the common address 1053 Serenity Ct, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Boulders and native grasses to be maintained as native vegetation in accordance with the Operations and Maintenance Manual for Bonbar. within a portion of the lot designated as an easement. Generally, the improvement is proposed to be installed at the location indicated on the 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 I IOA for installation of the improvement if such approval is required by the restrictive covenants of the development. Respectfully. '. �" -, -- 7�r- � - Jeremy Kashman, PE City Engineer DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Rinehart, John H & Rebecca J Wanick jtrs, 1053 Serenity Ct, Carmel, Hamilton County, Indiana 46280, (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 27 ("Lot") in BONBAR AT MONON LAKE, 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 5 SLIDE 414, Instrument Number 2015-56847 in the Office of the Hamilton County Recorder on 11/01/2015, as BONBAR AT MONON LAKE (the "Plat"); and WHEREAS, the current Owner wishes to install boulders and native grasses to be maintained as native vegetation in accordance with the Operations and Maintenance Manual for Bonbar 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 Natural Vegetation, Stormwater Best Management Practice & Drainage Easement , identified as "N.V.B.M.P.&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 DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 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 b. 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: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 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 jv�vv J1A � e�v \"� 6�-f Printed Name S, Date:._ STATE OF INDIANA ) SS: COUNTY OF ) PROPERTY OWNER 4d Name 1 L-� Signature Date: Before me, a Notary Public in and for said County and State, personally appeared J o ivi yi 0 nine �noe+ by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or P e to CGG r - u! kit her voluntary act and deed. Witness my hand and Notarial Seal this _ day of j A 0(J t'iYyi r?tZY� , 20_2 My Commission Expires: a 6--0(p NOTARY PUBLIC r%''. orb S A -�J r x-dy-) Printed Name // L' ,. My County of Residence: 7 �tt i�'1! �'Tr7 r CAROL DIXON Notary Public • Seal Hamilton County - State of Indiana Commission Number NP0733529 My Commission Expires May 6, 2029 DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Doc SWS by: BY: SRAFiA6�ii... James Brainard, Presiding Officer Date: 12/6/2023 FAZ' {S�red by: �Q.,, ,,J ��E77L Mary Ann Burke, Member Date: 12/6/2023 (II(-1-D1o,`cu�'3/1I'81ned by: I Ayi B 84 ... Lon Batson, Member Date: 12/6/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Docuftned by: --, Sue Wolfgang, Clerk Date: 12/6/2023 Before me, a Notary Public in and for said County and State, personally appeared JAMES 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 day of G jaLr , 20 ;B My Commission Expires: \`,1111H I Nllfiri D' /co �i �/��i �.400y 04-2o,?�kp^� in PUSL{C = NOT,, PUBLIC kss cr—, --I�) ILZYh-p Printed Name My County of Residence: 4L, This instrument was prepared by Jon Oberlander, Esquire, Assistant Corporation Counsel, One Civic Square, Carmel, Indiana 46032. 1 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: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 Exhibit A: Land Description LAND DESCRWIII )N da PERT CST T}iE SOUTticESa f)t!AkTE:R ()I SF(.Tltlta Ik I(a,1vNSHIP II NORTII RANGE- S£AST INHAMI ION UAINTV INDIANA DLSCRIBFD AS f 01-1.0i,S GOMME:NGINO A I If IE NC,RTHEA'.A CORNER (.V- tvAID jUARTI-R SECTION iIiFNCE E1t;RTH 8y DEUTtEI;SUr� ttINUTES 48 SECt)NTIr .^.Fsl ALONG THE N()RM t-INF I►` SAID ODARTER ` -C ttu1.4 4,1 t!(: !'FE I' TO Tiff: POIN I OI BEGINNING, ibUNCE SOUIH GU DEGREE_a i.lt MINUTLS s 4LCONUS eN'1 ST tAb,:l,tv1E.D BFARINGI PI,RAt.t.Et v1MI THE EAST LINE-01 SAID QUARTER Ilyra.Au FEET TU A POIN I ON flit NORTH RIGHT t;F V,'AY LINE- Of' INTERSTATE. 465 11FR BOOK 200, PAGE 2110 IN THE OF! -ICE OF THE RECORDER Of HAMILTON CO!}NrY. INDIANA, 1HL NFX1 r ;) CAI LS ARE Al.. ()NG SAID fi,(;HT(IT V;'AY t 1I TIIf NCL NUR'iN ,e2 Dt.(;ItI.E5 a4 htrn tlt t ; 4d ST (:(SNOB i"bESi ^u.3ti VF"F i f2) I}II tdC:f Nt:)RT11 �a T)r.GItLEa tC) tAINUn S t1? b[C:t)Nt7S N,! iT :iU� as FEE► t 1 i"HLNt:C NCSIiIH t;fl UEGf2lES 5i RtINtJtE.: �S SECONDS VVFSI ;t28.44 FLU T; II ILNCE NORTH ITi; I'll-UREFS 01 MIt:U TE 23 SFGONOS WES I FARM LEI A-ITI-I THL WEST LINE Of "'.AID QUARTER SECTION 9053 FUT: I HENCE NOR( IT fly DLGRf. FS 58 MINUTES :37 S17CONDS LAST 0 27 FEET, I HENCE NORTH (I) DILUREFS 011 MINUIL 2.3 SLt-ONUS ti4ktiT PARAI.LI-L ItVI(I1 SAID M7E 1I LINE <12 "iBEf E1. (HENCE NORIH01)I)PORLL-S09MINUIL—b 49SECUNUS Al-:�T 2.02 FEE1, IIit-NU NORI H 0 DE:C RE EfS 01 AAMUTE 19 SECONDS WEST 21b.98 FEET: THENCE NORTH 85 DEGREE:S 52 MINUTLS I I SECONDS VFST C) 84 1 1+T; TI:FNC:E NORTH 00 DE GREUb 0( MINU I E5 4,3 SECONDS EAST PARALLEL WITH SAID EAST LINE 821.0 f LET. rHENUE OUTt1 E:i MORE[- S 52 MINUTE S 49 SI-C NDS 0XS 1 4./1 FEE T THEN(J- NORTH Oil DE(�RFE.S G I MINUTE 1.1 SECONDS A-1 ` ] PARA:_t E-t V ITH SAID VvESI LINE- :,0„ 67 FEET 11 W..N+'L NORTh 89 DE GREt-S S8 MINLITLS 31 SECONDS NEST 1 M E<:tUf,. THENCE NORTH 39 DE:GRE E.6 zA MINJTES ;),. SECONDS; LAST i-i;) I LET. T I&NUE NORTH 00 DKRLES 01 MIINUTE:S 4J SECONDS EAST PARALLEL ".'Ifl"I SAID EAST LIF:L- .^ v �I f EL. TO T HU Al ORESAID NORTI s T.INF. II IENC;E SOUTI 18S5 DEGRFES 09 MINUTES -tit SECONDS CAST ALONG SAID NORTH LINE: ht)Il it'll E I I t 7 THE F'()IN I t�F fiFtilldNRdt . s,()N I F,ININ(i "S t.t? 1h ACtZE S. PAtJkE OR E E5S DocuSign Envelope ID: 3C2AC1AO-352E-4CB7-8ACB-016FB5EE24A8 Exhibit B STOE PPE LWERTH �e ALWAYS ON 7965 East 1061h Street, fishers, IN 46M-2505 phone.- 317.8495935 fox- 317.849.5942 Native grasses to 1+1 be maintained .F.P.G.- 812.60 according to the M.LA.G.= $24,0 Bonbar Operations and Maintenance Manual REAR B.S.L. (25- FROM 100 Y.F.E.)- 18.0 24.9 5.4' f` t0 M I Z4.2 SOD LINE :1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 49.25' JOB ID BBML.27 CONTROL# 75109 MI 1053 SERENITY COURT INDIANAPOL.IS, IN 46280 CLAY TOWNSHIP, HAMILTON COUNTY MODEL- CLAYTON 9 E ' F.F.ELEV.- 625.90 BSMT.= 815.90(LH) h 0 fV r M h N -- -GAR. FORCH 825.23 - 5.4' d i SOD LINE �+ m 14. 24.4 19 B.S.L. b 16' fs 24.9 GONG. E• DRIVE 3 ft UA SERENITY CO RT�� bib n 23.62 ICV 3.61 T.C.- 824.21 AS BUILT M/I HOMES WOO KEYS7ONE CROSSING, SUITE 590 INDIANAPOU% IN 45240 10 BENCHMARK PP Of CASTING 824.21 SOD_ 156 + Sn. Yr1. 115' N.V.B.M.P.&D.E. 273 .+ LEGEND:�- FX-X-X-1 PROPOSED GRADE PER PLAN XX.XAB AS WLT GRADE S.S_D. _ _ SUB -SURFACE DRAIN SANITARY SEWER !� STORU SEWER try WATER MAIN W 3/4' WATER CONNECTION ... < SWALE SANITARY MANHOLE 1" — 30' LOT AREA:6,735 Sq. Ft. LOT C6VFRAGE=44.07- T.C.-'823.35 AS BtALT ALL UNDERGROUND SEWLRS AND UTILITIES SHOWN ARE PLOTTED BY SCALE FROM 'RECORD ORAVNGS` FJRNISHEO BY ENGINEER. 10 ��uuarrgrgi a�: ...................� N0.�