The URL can be used to link to this page

Home My WebLink About05040149-Plans & site PlanCITY OF January 25, 2005 DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning LETTER of GRANT Mr. and Mrs. David Scherb 3919 Brian Place Carmel. IN 46033 Re: No~h Woodland Green, Se~_l_,~lot 77 - 04120009V Dear Mr. and Mrs. Scherb: At the meeting held Monday~ January' 24, 2005, Cannel AdvisoryBoard of Zoning Appeals took the following action regarding the Developmental Standards Variance (V) filed by you for the pix)perry located at 3919 Brian Place. APPROVEI)t Docket No. 04120009V Development Standards Variance Application for accessory building rear/side yard setback with the Commitment that Department Urban Forester approval wilt be sought for landscaping around the accessory building. In addition to this approval, a Consent to Encroach Agreement t Engineering) and a Building Permit (Building & Code Enforcement) will be required. Please be advised that perSection 30.05 05 Time Limit ofthe Zonmg Ordinance. the aforementmned Development Standards Variance approval ts valid for one (1) year By tha nme e:ther continuous construcnon ofth~ improvements must be under~vay, or a written request tbr a one-time, six-month extension of the appro~ al must have been received and approval granted by this Department. The expiration date of the approval is January 24, 2006. When a pply'mg for applications for permits regarding the improvements, contained within this approval,t,s review please include a copy of this letter with your application materials tn order to assist the Departmen . If I can be ofany further assistance, please do not hesitate to contact me at 317/571-2417. Sincerely, Angelina Corm Planning & Zoning Adrmmstrator Department of Community Services left Kendall. Building Commissioner, DOCS Mike McBride, City Engineer Scott Brewer, Urban Forester. DOCS ONE CIVIC SQUARE CARMEL, INDIANA 46032 317~571-2417 land C & I<.Bulldere Inc. and/or. M&rttn Mgeller FI~T ~C~ON; ~ ~m~lW~ C~nty, ~rded tn F~t ~k 3, ~lel 104 and' 105 in H~mllton Coun~ ~corder, on th~o within pZet. 33-0~-2005 At; 04:=10 ENCt~OACttI1NT 22 CONSENT TO ENCROACH / THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between David A. Scherb and Diane L. Scherb, husband and wife, 3919 Brian Place, 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"), WlTNESSETH: WHEREAS, Owner owns in fee simple Lot Number 77 ("Lot"), with a common address of 3919 Brian Place, cannel, Hamilton County, Indiana 46033, in the Woodland Green subdivision 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 this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Book 3, Pages 104 and 105, in the Office of the Hamilton County Recorder on March 10, 1970, as Woodland Green, Section Number 1; and WHEREAS, the current Owner has installed a storage shed on the lot (referred to hereinafter as the "Site Improvement"); and WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvemem on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement is constructed on a portion of the Lot designated as a Drainage and Utility Easement ("Easement"), identified as "6' D & UE" on ExhibitB; and WHEREAS, the Easement is beneficial to the City and its residems; and WHEREAS, as indicated on the Sketch, the Site Improvement encroaches (the "Encroachment") upon the Easement, which Encroachment is crosshatched on the Sketch; 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. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained hereto and other good and valuable consideration, the sufficiency and receipt of ~vhich 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 the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Site Improvem.ent from what is'depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion ~f the Site Improvement as Citydeems 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 Improvement orto Owner. 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, ~nvitees, licensees and agents, fi~om and against any and all losses, liabihties, 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, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in the Easement. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repatr an3 damage to the Easement and any improvements located thereto caused by the installation, construction, maintenance and/or operation of the Site Improvement. 7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and 10. "~OWNER" to provide to City a recorded copy of same with/n ten (10) business days of the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. The parties agree that the terms of tiffs Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 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 theyrepresent. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "CITY" CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF ///~mes Br~inard, Date: Scherb Date: Lori V~ Date: Date: 4 ) SS: STATE OF INDIANA ) Before me, a Notary Public in and for said County and State, personally appeared D,a,~d A Scherb and Diane L. Scherb, bY me known, and who acknowledged the exechtion of t]ae foregoing CONSENT TO ENCROACH" as his or her voluntary act and deed. Witness my hand and Notarial Seal this ~'~ay of~, My Commission Expires: Printed Nfime My County of Residence: ~ STATE OF INDIANA ) )SS: COUNTY OF .HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me know/~an~b~ m~q.k~p, be the ?embers of~ ~.e~Ci~ty~o~ C~_azrm_e! Board of Public Works and Safety, and ~. ~)'l~rl~,~C~erk. treasurer or tm~ t~l;l'¥ O1~' CARMEL, who acknowledged the execution of the foregoin 'Consent To Enc " ' g roach on behalf of the C~ty of Carmel, Indiana. Wimess my hand and Notarial Seal this 20o . My Commission Expires: NOTARY PUBLIC Printed Name -- My County of Residence: This instrumer~t was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. LEGAL DESCRIPTION 17 Lot #77 in the Woodland Green Section 1 subdivis' n. 10 Recorded in the Office of the Hamilton County Recorder on March 10, 1970 in Plat Book 3, pages 104 and 105. b Lot. NAJ ood lc]nd ExhibitB RELEASED FOR CONSTRUCTION Subjec~ to corn :~lianc~ with a~l re,guta~ons of ,~;tate and Local Coae~ DEPT OF COMMUNITY SERVICES CITY OF; CARMEL CLAY TOWNSHIP INDIANA