HomeMy WebLinkAboutCTE - 14010 Grannan Lane - Thomas & Sally J ManningDocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8
CIT) OF C.A'RMEL
I\wms I31e- i\miI).i:
11 /28/2023
Hoard of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Little Library) at 14010 Grannan Ln
Dear Board Members:
A Consent to Encroach document signed by Manning, Thomas & Salle J h&%\ owners of the property with the
common address 14010 Grannan Ln . 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 12/6/2023 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 xvith the I iamilton County Recorder's Office.
Sincerely,
Jeremy Kashman, PE
City Engineer
ATTACHMENT: CONSENT" TO ENCROACI I DOCUMENT
DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8
CITY, _:0F CARMEL
j �.vf:.ti 13it.ai� v:u. �1» r pie
11/28/2023
Board of Public Works and Safety
One Civic Square
Carmel. IN 46032
Re: Request for Variance (Little Library) at 14010 Grannan Ln
Dear Board Members:
Manning. 'Thomas & Sally J h&w, owner of the property with the common address 14010 Grannan Ln. have requested a
variance from the Carmel Cite Code Section 6-227(a)(4) for the installation of a Little Library 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 I3oard 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 IiOA for installation ofthe improvement ifsuch approval is
required bN the restrictive covenants of the development.
Respectfully.
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 Manning, Thomas & Sally J
h&w. 14010 Grannan I^ 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 8 ("Lot") in GRANNAN GROVE, 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 455, Instrument Number 2016-4961 in
the Office of the Hamilton County Recorder on 02/07/2016, as GRANNAN GROVE, (the "Plat"); and
WHEREAS, the current Owner wishes to install a Little Library 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 and Utility
Easement , identified as "20' D.&U.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
W HERF,AS. 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
WIIEREAS, 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: 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:
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 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: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8
H. 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"
PR0PF.RT1 ` OIVNFR
P nto4 Name
nature
Date:
STATE OF INDIANA )
) SS:
COUNTY OF J+Ajfj�)
PROPFRT)' O11 NF.R
Printed Name
Sig
Date: Z 3
Before me, a Notary Public in and for said County and State. personally appeared T%1�
by me known, and who acknowledged the execution of the foregoing "CONSENI" I'O ENCROACH' as his or
her voluntary act and deed.
Witness my hand and Notarial Seal this day ofLJV 20
My Commission Expires:
NOTARY PUBLIC vt
Printed Name
My County of Residence:
No
• s
LIC ••
®If111
DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8
"CITY"
CITY OF CARMEL. INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
LD—IgVy.
BY: ^,
James Brainard, Presiding Officer
Date: 12/6/202 3
MaunLtivnu, fu&
�BE37 :. dG.
Mary nn%3urke, Member
Date: 12 /6/202 3
FD—Signed by:
I t; Ulaisow
Lor4VdMi"Member
Date: 12/6/2023
STATE OF INDIANA )
1 SS:
COUNTY OF HAMII TON )
Sue Wolfgang, Clerk
Date: 12/6/202 3
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 Ill+day of 20�3
S�GA' D' KD
�� 5 omission A �.1
p4-2p� �q . 1�i�
. C.r Oy 1 ,� ;•�.
My Commission Expires: ; NOTARY
PUBLIC?
^ ° SEAL
�� . ss�s ilron G° xaQ: Q•���
jE,O F+;
My County of Residence:
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: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8
Exhibit A
GRANNAN GROVE
A part of the Southeast quarter of Section 19, Township 18 North, Range 3 East, in Clay Township, Hamilton
County. Indiana more particularly described as follows:
Beginning at the Northwest corner of the Northeast Quarter of said Southeast quarter; thence North 89
degrees 24 minutes 07 seconds East 657.81 feet along the North line of said Southeast quarter; thence
South 00 degrees 20 minutes 18 seconds East 656.34 feet to the North line of Edgewood Addition, a
subdivision in Hamilton County, Indiana, the plot of which is recorded as Instrument Number 11263, BQok 3,
Page 98-99, Doted: October 31, 1969 in the Office of the Recorder, Hamilton County, Indiana; thence South
89 degrees 26 minutes 59 seconds West 657.49 feet along sold North line to the Northwest corner of the
said Edgewood Addition, said point also being on the West line of the East half of the afore -said Southeast
quarter; thence North 00 degrees 21 minutes 59 seconds West 655.79 feet along said West line to the, place
of beginning, containing 9.905 acres, more or less. •
EXCEPT
A part of the Southeast quarter of Section 19, Township 18 North, Range 3 East, in Cloy Township, Hamilton
County, Indiana more particularly described as follows:
Commencing at the Northeast corner of said Southeast quarter; thence South 89 degrees 24 minutes 07
seconds West 680.86 feet along the North line of said Southeast quarter; thence South 00 degrees 35
minutes 53 seconds East 16.50 feet to the POINT OF BEGINNING of this description; thence South 80
degrees 12 minutes 06 seconds West 128.22 feet; thence South 89 degrees 24 minutes 07 seconds West
121.75 feet parallel with said North line; thence North 84 degrees 21 minutes 35 seconds West 188.65 feet;
thence North 89 degrees 24 minutes 07 seconds East 435.85 feet parallel to said North line to the place of
beginning, containing 0.131 acres, more or less
This subdivision consists of 14 lots numbered 1-14 (all inclusive) and four Common Areas labeled C.A.
#I-C.A. #4(oll inclusive). The site of lots and width of stree ar hpwn in feet and decimal parts thereof.
Cross -Reference is hereby mode to a survey plat do ed o 0 fv prepared by the Stoeppelwerth
do Associates. Inc., recorded as Instrument Number — 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 has been no change
from the matters of the survey revealed by the cross-reference survey on any lines thot are common with
the new subdivision. qor
_A*may of _J — 2016 0 Cj D. o'�
Witness my signature this --- - ------
_ = 19700012
Oenni msteod STATE OF
Registered Land Surveyor �'�, A,-,AtlA 0�'�•``
NO. 900012 �010
DocuSign Envelope ID: 3C2AC1AO-352E-4C87-8ACB-016FB5EE24A8
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