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Home My WebLink AboutCTE-14211 Beaument Blvd Hoffman DevleoperDocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0 DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0 WHEREAS, the official plat of the Subdivision was recorded in PC 6 SLIDE 502, Instrument Number 2024-9407 in the Office of the Hamilton County Recorder on 03/19/2024, as AMBLESIDE, section 2 (the “Plat”); and WHEREAS, the current Owner wishes to install a window well 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 and utility easement , identified as "15' R.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. CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Hoffman Developer LLC, 14211 Beaument Blvd, 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 80 ("Lot") in AMBLESIDE, section 2, 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 By Sergey Grechukhin at 1:40 pm, Jun 10, 2024 DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0 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. 9. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 1. 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. 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: 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. 2. 3. 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 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. 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. 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. 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. 5. 6. 7. 8. This Agreement shall be effective as of the date on which it is last executed by a party hereto.10. DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0 DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0 Exhibit A DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0 PLOT PLAN THIS DOCUMENT HAS BEEN PREPARED AND BASED UPON THE CONSTRUCTION DOCUMENTS, RECORD DRAWINGS AND ADDITIONAL INFORMATION PREPARED FOR THIS DEVELOPMENT BY OTHERS. THIS DOCUMENT IS NOT A FIELD SURVEY AND FOREFRONT SURVEYING AND ENGINEERING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THIS INFORMATION. 14211 BEAUMENT BOULEY ARD CARMEL, IN 46074 CLAY TOWNSHIP HAMILTON COUNTY LOT SO AMBLESIDE, SECTION 2 INST. #2024009407 P.C. #6, SLIDE #502 MIN. F.F.E.=910.50 M.L.A.G.=910.00 M.F.P.G.=910.50 1ST FLOOR F.F.E.=912.25 TOW=911.25 GAR. F.F.E.=910.50 BSMT. F.F.E.=902.36 DRIVEWAY SLOPE=?.6%± LEGEND AS APPLICABLE I xx.xi ELEVATION PER PLAN @) SANITARY MANHOLE @ WATER METER [,x(i WATER VALVE 'e' FIRE HYDRANT @ STORM STRUCTURE 5J CURB INLET "' END SECTION li!ll BENCHMARK BM � Q. b ➔EMERGENCY FLOOD ROUTE B.L. BUILDING LINE 0::: ....J"::::, == a,[D 0::: I-. z-u.J co :::::ii:..._, � [D D.&U.E. D.U.&S.S.E. DRAINAGE & UTILITY EASEMENT DRAINAGE, UTILITY & SANITARY SEWER EASEMENT L.M.A.E. LANDSCAPING, MAINTENANCE ACCESS EASEMENT M.F.P.G. MINIMUM FLOOD PROTECTION GRADE S.P. SUMP PIT F.P. FIREPLACE M. MEASURED P. PLATTED FLOOD INFORMATION: THIS PROPERTY IS LOCATED IN FLOOD ZONE "X" AS PER FEMA FLOOD MAP #18057C0205 G, DATED NOVEMBER 19, 2014. MODEL: ALLISON II PC2G BASE HOUSE STANDARD FEATURES -9' FULL BASEMENT -3 CAR FRONT ENTRY GARAGE -5'X7' DECK -BRICK WRAP STANDARD SELECTED FEATURES -1 EGRESS WINDOW WELL -BRICK WRAP -3-CAR GARAGE -SUN ROOM MH-AMB48 T.C.=909.72:1: MODEL: LOTSl PROP HOUSE 130.00' ALLISON II PC2G CONC. 2.00' GARAGE DRIVE UNEXCAVATED b co 21.4' MH-AMB49 T.C.=909.12:1: SOD: SEED: PRIVATE WALK: PUBLIC WALK: DRIVEWAY: IMPERVIOUS: BUILDING SETBACK LINES: AREA 'A' LOTS 1-29 AND 68-89 5' MINIMUM SIDE YARD 135 Sq.Yds. 4,275 Sq.Ft. 70 Sq.Ft. 255 Sq.Ft. 755 Sq.Ft. 3,468 Sq.Ft. LOT79 VACANT LOT 3' MINIMUM SIDE YARD (3 CAR GARAGE) 20' MINIMUM FRONT YARD 20' MINIMUM REAR YARD 60% MAXIMUM LOT COVERAGE � 0 15 30 SCALE: 1 "= 30' LOT AREA:8,710 Sq.Ft. T 41.7' ______ pJr·: 130.00' I I I I b 0 ,...: co Certified this 29th day of April, 2024 Dewey Witte Professional Land Surveyor Indiana No. LS29800022 � 0::: -cc. z "> o l :::::. fl (.) PREPARED FOR: PULTE HOMES JOB #: 24SE-263 I{) 00 No, -o 11. u.10c;j �rlil 0.,0::: Z>- 0 0 fp-\ FOREFROI\IT \.::,; SURVEYING+ ENGINEERING 17241 Foundation Pkwy, Westfield, IN 46074 requests@forefrontse.com REV. NO. DATE REVISIONS DRAWN BY: JSC CHECKED BY: DLW DATE: 04/29/2024 PAGE 1 OF 1 Encroachment Area Exhibit B H2O Gas 10' NW Corner SAN Electric JM 5/27/24 REV Sent to Office DocuSign Envelope ID: D262EEFA-43B2-4AED-B587-BEBC57A602E0