HomeMy WebLinkAboutCTE & Variance - 5560 Salem Dr. NDocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38
CI aF CXAMEL
12/12/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Consent to Encroach (Existing pool deck and accessory structure) at 5560 Salem Dr N
Dear Board Members:
A Consent to Encroach document signed by layman, Manual J & Janice Margie h&w, owners of the property with
the common address 5560 Salem Dr N , 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 Ilamilton County Recorder's Office.
Sincerely,
Jeremy Kashman, PE
City Engineer
ATTACHMENT: CONSENT TO ENCROACH DOCUMENT
DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38
CI ' of CA'AMEL
JANIF, I3it• INNIM, NI\NOR
12/12/2023
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Re: Request for Variance (Existing pool deck and accessory structure) at 5560 Salem Dr N
Dear Board Members:
Layman. Manual J & Janice Margie h&w, owner of the property with the common address 5560 Salem Dr N. have
requested a variance from the Carmel City Code Section 6-227(a)(4) for the installation of a Existing pool deck and
accessory structure 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 IiOA for installation of the improvement if such approval is
required by the restrictive covenants of the development.
Respectfully,
'rw -2
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 Layman, Manual J & Janice
Margie h&w, 5560 Salem Dr N, Carmel, Hamilton County, Indiana 46033, (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 45 ("Lot") in ASHTON, 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 1 SLIDE 151, Instrument Number 9100973 in the
Office of the Hamilton County Recorder on 01/09/1991, as ASHTON, section 1 (the "Plat"); and
WHEREAS, the current Owner wishes to install a Existing pool deck and accessory structure 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 7.5-foot drainage and utility
easement, identified as "7.5' 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-DA6343C9-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 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: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38
II. 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
LAY Nl am } M A A L 7T
Print Name
ignature /
Date: 7 aec Aa3
STATE OF INDIANA )
) SS:
COUNTY OF JW )
PROPERTY OWNER
r RR
P Name
,u
Sign e� ll� Date:
law
Before me, a Notary Public in and for said County and State, personally appeared kwd g- Mice- , r''
by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH' as his or
her voluntary act and deed. 1-4
Witness my hand and Notarial Seal this _ day of��,Q21��
My Commission Expires: NOTARY PUBLIC
01tttlItiltipirntedName
+/'-
ON
` C �,` ••...ti `i
::' NOT4q).+'
A�et,� 'd
of Residence: i*w) i f tov?
DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: r;Dxuspned by:
l ,I R-Q
L97256FHT
James Bramard, Presiding Officer
Date: 12/20/2023
-Az
� �:
�Awt , )fit,
a'E3 X&'�urke, Member
12/20/2023
Date:
IIIpn
D— d cy
I,eri U1a#A,
jffVWK*Member
Date: 12/20/2023
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
= Dmuftmd cy:
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 this aO day of , 20,a
My Commission Expires:
\C,A,O'IK� //,
�lssioR FMA%,�
YGo �.04 2pyl
:g NOTARY
:0 PUBLIC v. _
:3 SEAL
°a "ton Goa..
E O F IVA
NOTAfj PUBLIC
c )eVVssi Ca--b. KonnP
Printed Name
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
i Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D33 e c t t ® ( ) /jam /�
1 � �/ (�G
Cn Exhibit A
Secondary la
Submission Date: March 16, 1990
1. the undersigned a Registered Land Surveyor in the State of Indiana,
hereby certify that the within ptat represents a su rwV and subdivision of
part of the Northeast Quarter of Section 21. Township 18 Noah, Range 4
East, Clay Township, Hamilton County; Indiana, more partievlarty described
as fblleuvr
Commencing at the Northeast corner of the Northeast Quarter of Section 21,
Toumshipp 18 North Range 4 East, Clay Township, Hamilton County, Indiana;
thence North 89 degrees 35 minutes Of seeends west (amaned bearing) on the
North line of said Northeast Quarter 116139 feet to a point located South
�
89 degrees 35 minutes Of second East 179.f8 fEet fiem the Northwest corner
�
of the fast !Half of said Northeast Quarter, said point being the point of
C'i ,^
beginning fir the tract herein described, theme South 02 degrees 19 minutes
c
13 seconds Bast 383.12 het; theme South 84 degrees tO minutes 52 stcords
o
Q
fast 136.38 fist; thence South 00 degrees It minutes 25 seconds Best 661.43
het; thence North 89 degrees 35 minutes Of seconds Best 26.90 ftet; thence
>1
South 13 degrees 07 minutes 46 seconds Bast 164.44 het; thence Soudh 18
degrees 22 minutes 22 seconds West 52.77 ,het; thence South 17 degrees 44
minutes 59 seconds Bast 134.19 }bet; thence South 55 degrees 37 minutes 30
seconds Best 42.41 het; theme South 00 degrees 02 minutes 43 seconds Bast
298.96 fleet; thence South 60 degrees 35 minutes 27 seconds Bast 165.55 fMt:
theme South 14 degrees 56 minutes ZO strands Bast 50.73 het; thence South
13 degrees 20 minutes 28 seconds Bast 153.63 het; thence South 77 degrees
f6 minutes 38 seconds West 44.41 feet; thence South 19 degrees 34 minutes 13
seconds West 90.59 11eet; thence South 07 degrees 57 minutes 32 seconds West
97.44 het; thence South 04 degrees 32 minutes 19 seconds Bast 177.23 fleet;
thence South 37 degrees 45 minutes 52 seconds Bast 42.53 fed;thence South
89 degrees St minutes 47 seconds Bost 452.24 feet; thence Neth 32 deserts
Of minutes 52 seconds Bast 33.37 feet; theme North 06 degrees 1t minutes 22
seconds Ahst 332,54 het; thence North 82 degrees 49 minutes 32 seconds Last
151.25 fhet; thence North 79 degrees 07 minutes 47 seconds Bast 56,9S fht;
thence South 89 degrees 48 minutes 38 seconds Bast 190.00 fret to the Bast
line of said Northeast Quarter, theme North 00 degrees 11 minutes 22
�a
seconds Bast on the Bast line of said Northeast Quarter 583.20 fM to the
��
��
Southeast corner of the Real Male described in teed Book 362, Page f4f in
the Office of the Recorder of Hamilton County, Indiana; themct South 88
' N
degrees 51 minutes 59 seconds West (this and the nest course are an the
�4
perimeter of the Real Estate described in Bred Book 362, Page f4f in said
Office) ce) 277.10 het; theme North 00 degrees 1t minutes 22 seconds Bast
157.24 fbtt; thence North 88 degrees 51 minutes 59 seconds East 277.10 het
to the East line of said Northeast quarter, theme North 00 degrees It
minutes 22 seconds East on the fast line of said Northeast Quarter 320.30
fkct; thence North 89 degrees 48 minutes 3 str West 40.00 fett; thence
.North 61 degrees 24 minutes 36 seconds West 413.29 fleet; thence North 78
degrees 39 minutes 55 seconds West 272.08 PA thence North 00 degrees 34
minutes 18 seconds Bast 130.00 lint; thence North 08 degrees 32 minutes 19
lE
seconds West 50.00 jktt; thenct South 81 degrees 27 minutes 4f se bleat
8.82 jket; thence North 20 degrees 39 minutes 11 stconds West 188.03 fist;
thtr" North 13 degrees 38 minutes 37 seconds West 8124 1htt; theme North
UTILITY
00 degrees 24 minutes 59 seconds fast 160,27 JW1 to the North line of said
!northeast Quarter: thence North 89 alepprreeees 35 minutes Of seconds West on the
North line of said Northeast Quarter 392.54 het to the point of beginning,
containing 36.44 acres, more or less.
SET Subject to the right-of-way fbr Hazel Heil Road
Subject to the right-of-uay fir 146th Street.
SET Subject to all other legal east:rmsnts and rights -of -ways
This subdivision consists of 55 lots, numbered 1-9, 89-57, 73-76. 80--92. 98-
CONCRETE 100 and 102-107, all inclusive. Block A. and streets as shown hereon The
STET f7,() PE size of the lots and Block and the width of the street rights -of -way are
t shouun in figures denoting het and decimal pants thereof.
PLD- DURING lrul.
DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38
&byk Oa cats �o � 0 r - M-
00NSUITING ENGINEERS Y49-5942
x.Flaypiacearea in ASHT45
LAND SURVEYf_28000
9940 A19soe�ft Rd. • nshm, 01 46M —
(317) 849-5935 • 1-600-728-6917 - FAX: (3"M 7 18 NO V1se.E EYVENGE 4F LM OF
poeWe" IRAJM OTHE?i M NOTED.
1 " = 30'
CAPPED REAAR SET
STAMPED "Seth ONO'
O COPPERMLO FaJNO
0( CU1 'X' IN SIDEWALK
ALCM DR1VL NORTH