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Home My WebLink AboutCTE & Variance - 12048 Eagleview Dr.DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 m P •A ■ a = +TT r 12/12/2023 Board of Public Works and Safetv One Civic Square Carmel, IN 46032 Re: Consent to Encroach (hot tub and enclosure) at 12048 Eagleview Dr Dear Board Members: A Consent to Encroach document signed by Chukkapalli. Pavan & Vijetha Yadla h&w, owners of the property with the common address 12048 Eagleview 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 12/20/2023 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 Kasbman, PE City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 CIT S OF CA'RTVIEL JA.w:S BILAINARD, NIAXOR 12/12/2023 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Re: Request for Variance (hot tub and enclosure) at 12048 Eagleview Dr Dear Board Members: Chukkapalli, Pavan & Vijetha Yadla h&w, owner of the property with the common address 12048 Eagleview Dr, have requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a hot tub and enclosure 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. (eve 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: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Chukkapalli, Pavan & Vijetha Yadla h&w. 12048 Eagleview Dr, Carmel, Hamilton County, Indiana 46077, (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 114 ("Lot") in SANCTUARY AT 116TH STREET, section 413, which is located within the corporate limits of the City of Cannel, 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 656, Instrument Number 2017-12234 in the Office of the Hamilton County Recorder on 03/21/2017, as SANCTUARY AT 116TH STREET, section 4B (the ,.Plat"); and WHEREAS, the current Owner wishes to install a hot tub and enclosure 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 Drainage and Utility Easement, identified as "15' 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 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: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 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 Improvtncm, 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 Ilse 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 teens 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: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 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 casement at any time. 13. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lut m adjacent properties determined by the City to be resulting from the Encroachment. "OWNER" PROPERTY OWNER PEA-, L Printcde4aLlle Signature Date: 12 STATE OF INDIANA ) ) SS: COUNTY OF ` -ONA ) PROPERTY OWNER Printed Name Signature Date: Before me, a Notary Public in and for said County and State, personally appeared tJa trl CZ1 arsKk:C� �A l+ G.�U/ td� by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or V (&j e.-f-"Aa (Q� her voluntary act and deed. Wilness my hand and Notarial Seal this 6 day of] _C t .% e—el' 2U My Commission Expires: NOTARY PUBLIC 0 5 -0G ".�O;•R CAROL DIXON Notary Public -Seal Hamilton County State of Indiana a Commission Number NP0733529 My Commission Expires May 6, 2029 Carat . Printed Name My County of Residence: ff rAj 1[ DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 -,CITY,- CITY OF CARMEL, INDIANA, BY AND THROUGI I ITS BOARD OF PUBLIC WORKS AND SAFETY Do Igrmd by: BY: �n �4775UF4118DRRA... James Brainard, Presiding Officer Date: 12/20/2023 by: ,¢ "& —BE3]c�OC�(19E Mary =111 ITurke, Member Date: 12/20/2023 D-aig-d by. ton uj fs& BpD lut284oD... Lori Batson, Member Date: 12/20/2023 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) ...D—Slg a by: Sue Wolfgang, Clerk Date: 12/20/2023 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 thi day of , 20 My Commission Expires: �.Go y0d 2037+'Q„ i IypTARY PUBLIC ^; _ SEAL NOTA Printed Name My County of Residence: l { DTv 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: AAEA7A5C-DA6343C9-A4AC-A8BF3EEF4D38 Exhibit A PC's s(:dc- b s6 LEGAL DESCRIPTION Part of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, described as follows: COMMENCING at the Northwest corner of the Southwest Quarter of Section 31, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana; thence North. 89 degrees 58 minutes 25 seconds East. 860.14 feet along the North line of said Southwest Quarter, thence South 00 degrees 03 minutes 23 seconds East 50.00 feet to the northeast corner of The Sanctuary at 116th Street, Section 6 recorded as Instrument Number 2015002856 in the office of the Recorder of Hamilton County, Indiana, said point being the POINT OF BEGINNING; thence North 89 degrees 58 minutes 25 seconds East 40.73 feet; thence South 88 degrees 49 minutes 46 seconds East 239.32 feet; thence North 89 degrees 58 minutes 25 seconds East 4,00 feet; thence South 00 degrees 03 minutes 23 seconds East 176,88 feet; thence North 89 degrees 56 minutes 37 seconds East 9-07 feet-, thence South 00 degrees 03 minutes 23 seconds East 289.33 feet; thence South 10 degrees 19 minutes 43 seconds East 92.98 feet; thence South 48 degrees 45 minutes 17 seconds East 111.79 feet; thence South 15 degrees 17 minutes 36 seconds East 79.34 feet; thence South 05 degrees 47 minutes 49 seconds West 76.96 feet; thence South 47 degrees 39 minutes 39 seconds West 138.13 feet; thence South 75 degrees 19 minutes 56 seconds West 108.37 feet to the northeast comer of The Sanctuary at 116th Street, Section 2A as recorded as Instrument Number 2009016950 in said Recorders office; thence along the perimeter of said Section 2a the following three (3) courses: 1.) North 60 degrees 43 minutes 34 seconds West 124.99 feet, 2.) South 58 degrees 18 minutes 51 seconds West 142.34 feet, 3.) North 31 degrees 41 minutes 09 seconds West 116.00 feet to the northeast corner of The Sanctuary at 116th Street, Section 4A, recorded as Instrument Number 2009016951 in said Recorder's office, thence along the perimeter of said Section 4A the following two (2) courses: 1) North 31 degrees 59 minutes 47 seconds West 58.00 feet; 2.) North 35 degrees 01 minutes 53 seconds West 148.67 feet to the southwest corner of aforesaid Section 6, thence on the perimeter of said Section 6 the following six (6) courses: 1-) North 71 degrees 59 minutes 57 seconds East 151.20 feet-, 2.) North 25 degrees 51 minutes 57 seconds East 151.86 feet; 3.) North 00 degrees 03 minutes 23 seconds West 231.00 feet; 4.) South 89 degrees 56 minutes 37 seconds West 0.86 feet to a point on a curve concave southerly, said curve having a radius of 771.00 feet and being subtended by a chord bearing South 89 degrees 51 minutes 41 seconds West 2,21 feet; 5.) thence Westerly on said curve 2,21 feet; 6.) North 00 degrees 03 minutes 23 seconds West 240.03 feet to the POINT OF BEGINNING, containing 7.49 acres, more or less. DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 Exhibit B tO �'6.00 LOT 115 PROP. HOUSE C Cn O Z O R6 r �1 20.00 CL MM rzn mo 24:33' N m m /^\ ` Q V rTi 2.29' 26.71' s � N ` a 0'04� O x a I MCA . *a z u o� 10.0o a I A"7,'O -4MrnZr1V Z t m 30.7' 42.33' o 20 � o x 20' T:7 O • s ue �ca � 96.00 VSw' _ Kw w w w- w cn EAGLERIDGE _� Q0 LANE U V -- - — WSW ll� il� xx�