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12639 Teaberry Lane - O'Hara, Eugene/ERicaCONSENT TO ENCROACH 2015030609 ENCR $27.00 06/22/2015 02:14:50PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1 1 1 1 1 1 111111110 01110111011101110111011101110111011111111111 THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Eugene H O'Hara & Erica M O'Hara, 12639 Teabeny Lane, Carmel, Hamilton County, Indiana 46032, (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 1256 ("Lot") in Village of WestClay, Section 10010-E 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 Cabinet 5, Slide 231, Instrument Number 2014034766 in the Office of the Hamilton County Recorder on August 8, 2014, as Village of WestClay, Section 10010-E (the "Plat"); and WHEREAS, the current Owner wishes to install a fence 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 Regulated Drainage Easement, Drainage and Utility Easement, and Drainage, Utility, and Sanitary Sewer Easement, identified as "15' R.D.E.", "20' D. & U.E.", and "25' D.U. & S.S.E." on Exhibit 13 (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 approved the Owner's request for a variance from Carmel City Code Section 6-227(4) on . v' e.- i7- Lo t S ; 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 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: I. 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 Improvement, 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. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a recorded copy of same within 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. 9. 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. 10. 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. 11. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 12. 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. 13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 14. 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- EUG EHO Signature // I, Date: t7'3 ERICA M O'HARA Signature // Date: b ` 3 , STATE OF INDIANA ) ].ci ) SS: COUNTY OF 'RCM I lU I ) Before me, a Notary Public in and for said County and State, personally appeared EUGENE 1-1 O'HARA & ERICA M O'HARA, by nie known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. E:-.50(?..- Witness my hand and Notarial Seal this jday of �/�� 20 �� NOTAYPUU,BLI My Commission_Expires: �1 151-1 Printed Name My County of Residence: *Kati W "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Lori Watson, Iv Date: ATTEST: /Diana Cordray, IAMCNQIirk-Treasurer Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON Sandra M Johnson Deputy Clerk For 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 So.r4 ro. ^^l ctr.rnon S czea.. Safety, and , Clerk-Treasurreer 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 day of , 20 My Commission Expires: T //l//% NOTARYUUB C\ C4:5..d Printed Name My County of Residence: ( 1 U Y This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this document, unless required by law. Douglas C. Haney, Esquire EXHIBIT A LOT 1256 IN THE VILLAGE OF WEST CLAY SUBDIVISION SECTION 10010-E RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON AUGUST 8, 2014 IN PLAT CABINET 4, SLIDE 231, AS INSTRUMENT #2014034766 EXHIBIT B nTioaDTh ® E0U ij'4 c2(g0so 1111 = ti0 Note: Minimum Front Yard - 20' Minimurn Side Yard - 6' Between Houses Minimum Rear Yard - 20' SAN MH FPA01 T0090773 CRESTWOOD - ELEV 6 RIGHT HAND - Partial Brick FULL BSMT - 9' Walls 3 CAR - Front Entry Sunroom LOT # 1256 ±15,645 SF PAD 908.6 PER PLAN MFF 909.2 PER PLAN MFPG 908.7 PER PLAN MLAG 908.7 PER PLAN M Wqr� MRUMF MDD strm 0 aD (30 '91 1/€ RASE HOUSE STANDARD FEATURES" 8' FULL BASEMENT 3 CAR FRONT ENTRY GARAGE 5x7' DECK "SELECTED FEATURES" 9' FULL BASEMENT SUNROOM (2)4X4' WINDOW WELL Note: Contractor should verify sump pit location with Field Manager. Y / MN e06 C -S09.17 SSC ISER SAN MN FP AN TCA9a&BO • Cone Flatwork Sq. Ft = ±950 Public Walk Sq Ft =±1575 Sod Sq Yds =±944 Seeding Sq Ft = ±6147 (Drive, Apron, 3' Walk, Patio, Stoops) (PORCH NOT INCLUDED) Flood Hazard Note: Lot Number 1256 Hes within that Special Flood Hazard Zone 'X" per the scaled location on the Flood Insurance Rate Maps for Hamilton County, Indiana (Community Panel 418057CO205F, dated February 19, 2003). Note: This drawing is based upon construction plans and/or record drawings prepared by others and is not based upon a field survey. COOR Consulting & Land Services, Corp. does not warrant the correctness or integrity of this information. The contractor/owner should verify existing conditions prior to construction. My varying field conditions or any discrepancy wtlh the information contained hereon should be immediately reported to COOR Consulting & Land Services, Corp.: failure to do so would result in the contractorlowners assumption of lability. PAGE 1 OF 2 o o r® conoaORNno Dana Qn"mo©©© 6 OO P[ O f1 &J R 5 O Ga 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA (888) 593.2667 (785) 345-5943 FAX#: (765) 345-5692 DATE: 10/13/14 JOB #2004-060.1256 REVISIONS: Note: IXXX4 = Propo ed Grade = Drain ge Flow —• — = Proposed Silt Fence Contractor should verify site specific information depicted hereon with the approved construction and erosion control plans for this development. Also, Contractor should reference Architectural plans for foundation orientation and dimensions. Note: The proposed construction grades, contours, and proposed structure elevations es depicted hereon are based upon Information provided upon the approved construction documents prepared for this development. Unless othemise stated hereon, no Information pertaining to but not limited to, fluctuating water tables elevations, sod types, and conditions within the building areas of tNs development have been provided andmr referenced on said documents. With the excavation of the proposed structure foundations, certain care and observations should be made in regard to such conditions as soil types and fluctuating water tables. During the excavation process should any unsuitable soils or ground water be witnessed, the builder shall be immediately notified for further examination end consultation. At the builders discretion, additional construction techniques may be necessary to alleviate future problems. VILLAGE OF WESTCLAY SECTION 10010-E P.C. 5, SLIDE 231 INSTR. #2014034766 LOT # 1256 12639TEABERRY LANE CARMEL, IN 46032 PLOT PLAN Prepared For. *Pultevroup- Pulte Homes of Indiana N,1111 LI 0 0 0 LI LI :,0 0 O m 0 DO ‘e CITY 0 ARMEL June 5, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (FENCE IN EASEMENT) —12639 TEABERRY LANE, CARMEL INDIANA 46032 Dear Board Members: Mr. and Mrs. Eugene H. O'Hara and Erica M. O'Hara, owners of the property with the common address of 12639 Teaberry Lane, (Lot 1256, Village of WestClay Section 10010-E) have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a fence in a portion of the lot designated as an easement. It is not expected that the installation of the fence at the proposed location will result in a Detriment (as defined in City Code) to the subject property or the adjacent properties (provided the petitioners adhere to the conditions recommended below). The Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): 1. Petitioners enter into a Consent -to -Encroach Agreement with the City and record the Agreement. 2. Petitioners (and successors and assigns) agree to remedy (including removal of the fence and/or relocating the fence from the installed location) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Petitioners must obtain HOA approval for improvements (if such approval is required by the restrictive covenants of the development). 4. Petitioners must obtain approval from Clay Township Regional Waste District for placement of the fence in the 25' Drainage, Utility, and Sanitary Sewer Easement due to the proximity of the sanitary sewer line along the east side of the property. 5. Fence post spacing must consider the underground subsurface drain to prevent damage to this infrastructure. Sincerely, Jeremy Kashman, P.E. City Engineer s:\BP W 15\ 12639TEABERRVLAN EREQU ESTFORVARIANCEFENCE.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL. IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 BIM!. enginceringacarmel.1n.gaV Gar. ' E = 908.7 1st Fir F' =9 e TOW = 90 Bsmt FF' Driv- lone = 5.2 Qr��nau®d Ik]ol'[ U@tS�O®8 Il li = (3CY Note: Minimum Front Yard - 20' Minimum Side Yard - 6' Between Houses Minimum Rear Yard - 20' SAN MH FP TCRa7.73 EXHIBIT B CRESTWOOD - ELEV 6 RIGHT HAND - Partial Brick FULL BSMT - 9' Walls 3 CAR - Front Entry Sunroom LOT # 1256 ±15,645 SF PAD 908.6 PER PLAN MFF 909.2 PER PLAN MFPG 908.7 PER PLAN MLAG 908.7 PER PLAN �[M tipp,kv &I) �D vW nos_7VF FE N "BASE HOUSE STANDARD FEATURES" 8' FULL BASEMENT 3 CAR FRONT ENTRY GARAGE 577' DECK "SELECTED FEATURES" 9' FULL BASEMENT SUNROOM (2)4X4' WINDOW WELL Note: Contractor should verify sump pit lcadon with Field Manager. 2 / SAN MH aos SSD SER SAN MH FP -803 IF -905 80 • Conc Flatwork Sq. Ft = ±950 Public Walk Sq Ft =±1575 Sod Sq Yds =±944 Seeding Sq Ft = ±6147 • (Drive, Apron, 3' Walk, Patio, Stoops) (PORCH NOT INCLUDED) Flood Hazard Note: Lot Number 1256 les within that Special Flood Hazard Zone •X" per the scaled location on the Flood Insurance Rate Maps for Hamilton County, Indiana (Community Panel #18057CO205F, dated February 19. 2003). Note: This drawing is based upon construction plans and/or record drawings prepared by others and Is not based upon a field survey. COOR Consulting & Land Services, Corp. does not warrant the correctness or integrity of this information. The contractor/owner should verify existing conditions prior to construction. Any varying field conditions or any discrepancy with the information contained hereon should be immediately reposed to COOR Consulting & Land Services, Corp.: failure to do so would result in the contra or/owners assumption of liaMlity. 6accoaOdacw O,said C6 0D t? p O n 4 0 0 n 303 WEST MAIN STREET KNIGHTSTOWN. INDIANA (888) 593-2667 (765) 345-5943 FAX#: (765) 345-5692 DATE: 10/13/14 JOB #2004060.1256 REVISIONS: Note: IXX.XI = Propo ed Grade — = Drainage Flow —• —= Proposed Silt Fence Contractor should verify site spec information depicted hereon with the approved constucbon and erosion control plans for Ibis development Also, Contractor should reference Architectural plans for foundation orientation and dimensions. Note: The proposed construction grades, contours, and proposed structure elevations as depleted hereon are based upon Information provided upon Me approved construction documents prepared for this development Unless otherwlse stated hereon, no Information pertaining to but not limited to, fluctuating water tables elevations, sod types, and conditions within the building areas of Ws development have been provided andior referenced on said documents. With the excavation of the proposed structure foundations, certain care and observations should be made in regard 10 such conditions as soil types and fluctuating water tables. During the excavation process should any unsuitable sits or ground water be witnessed, the builder shall be immediately notifred for further examination and consultation. Al the builders discretion, additional construction techniques may be necessary to alleviate future problems. VILLAGE OF WESTCLAY SECTION 10010-E P.C. 5, SLIDE 231 INSTR. #2014034766 LOT # 1256 12639 TEABERRY LANE CARMEL, IN 46032 PLOT PLAN Prepared For. *PulteGroup- Pulte Homes of Indiana rtiueu o o o uuui ;;000 n 0 0 000' mg= CITY 0 ARMEL June 5, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH —12639 TEABERRY LANE — FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document signed by property owners Eugene & Erica O'Hara, 12639 Teaberry Lane, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the June 17, 2015 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 Kashman, P.E. City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT S:\BPW 15\12639TEABERRYLANEENCROACHMENT.DOC DEPARTMENT OF EncaNFFIING ONE Civic SQUARE. CARMEL. IN 46032 OFFICE. 317571.2441 FAX 317.571.2439 FVTAIL cng i ncci ng©cannel. in. gnc