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13921 Settlers Ridge Trl - Wesolowski, Rahmond/LindaJuly 28, 2015 '0©© 06(1 e @ 2015042614 ENCR $27.00 08/13/2015 11:49:16AM 9 PGS Jennifer Hayden . Hamilton County Recorder IN wom Recorded as Presented CITY O -ARMEE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMIES BRAINARD, MAYOR RE: CONSENT TO ENCROACH —13921 SETTLERS RIDGE TRL — DECK IN EASEMENT Dear Board Members: A Consent to Encroach document signed by property owners Raymond & Linda Wesolowski, 13921 Settlers Ridge Trail, is submitted to the Board for signatures. Board approval for a variance for the encroachment is granted by the Board of Public Works during the August 5, 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\13921SETTLERSR I DG ETRLEN CROACH MENT.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OrricE 317.571.2441 FAx 317.571.2439 CONSENT TO ENCROACH THIS CONSENT TO ENCROACH, (hereinafter the "Agreement") is entered into by and between Raymond E. Wesolowski and Linda E. Wesolowski, 13921 Settlers Ridge Trail, 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 11 ("Lot") in Settler's Ridge at Haverstick, 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 this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 2, Slide 510 as Instrument Number 200000054647 in the Office of the Hamilton County Recorder on November 1, 2000, as Settler's Ridge at Haverstick, Section 1 (the "Plat"); and WHEREAS, the current Owner wishes to install a deck 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 Drainage Easement, identified as "25' D.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 Encroachrnent 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 Avy,sk s,tot$ ; and % 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" RAY OND E. WESOLOWS Signature Date: LIN A E. WESOLO WSK/ Signature Date: STATE OF INDIANA ) ) SS: COUNTY OF\`ball Ho1 Before me, a Notary Public in and for said County and State, personally appeared RAYMOND E. FVESOLOFVSKI & LINDA E. IVESOLOFVSKI, by nie known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. //'� , l Witness my hand and Notarial Seal this E I day ofL)3I , 20 i My CommissionExpj.es: NOTAR P_.‘_01/4 LIC ) W f l Prin ted Name W � 1\\61011 I 1 ],,Vn ,My County of Residence ' "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: /2'( James Brai rd, Presiding Of eery Date: der / tivl ,. Ma Date: Lori Watson,(Me 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 Safety, and DIANA L. CORDRAY, Clerk -Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Camel, Indiana. Witness my hand and Notarial Seal this .6 day of ,20J . (moi rat.oca—) NOTARY PUBLIC My Commission.E pir s: , nn Li CLV f S *PAnna// 7 Printed Name My County of Residence thyn 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 11 IN THE SETTLER'S RIDGE AT HAVERSTICK SUBDIVISION SECTION 1 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON NOVEMBER 1, 2000 IN PLAT CABINET 2, SLIDE 510, AS INSTRUMENT NUMBER 200000054647 E 49.0 P 49.0 E 53.8 P 53.8 SOD LIND E 53.3 EXHIBIT B CONSULTING ENGINEERS JOBID SRH.11 LAND SURVEYORS 9940 Allisonrille Rd. • Fishers, IN 46038 (317) 849-5935 • 1-800-728-6917 • FAX: (317) 849-5942 PROPOSED LAKE N.P. = 744.90 100 YEAR ELEV. = 749.59 80.19' 25.0' 12.0' 9.33 CONC. DRIVE E 54.6 P 54.6 2'x10.67' F.P. 1 (RIVERA) MODEL= 2481 B (LH) F.F.ELEV.= 756.60 BSMT.= 747.93 CAR' FRONT 0.50 754.93 21.33 n 12.0' 8.00 5.00 o 9.50 ri ri POR. e 13.67 0 -1 E 48.0 P 48.0 E 54.6 P 54.6 6.0' 36-5W E 54.6 P 54.6 25' Bl. 20' au. &5.5:E. CONT O& j 52751 CEN 13921 SETTLERS RIDGE TRAIL 1"=20' LOT AREA: 11,419 Sq. Ft. LEGEND: E 99.99 EXISBNG GRADE (BEFORE CENSE) P 99.99'PROPOSED GRADE (AFTER CONST.) p _ _ 5.5_D. -SUB-SURFACE DRAIN SANITARY SEWER N _-•- STORM SEWER 4! WATER MAIN W 3/4' WATER CONNECTION E 53.1SWALE P 511 SF ( SILT FENCE '-50D LINE £ 53.3 \ T.C.= 753.14 AS BUILT erESz.6 1 /P52O 80.00' 's :: O u') 52.9 0 SETTLERS RIDGE £ TP1 A 1 I 5233 • (J D.&U.E. L.E. S.L.E. SEWER MANHOLE STORM MANHOLE CURB INLET FIRE HYDRANT DRAINAGE & UTILITY EASEMENT LANDSCAPING EASEMENT SIGN LANDSCAPE EASEMENT SOD: 328 ± Sq. Yds. SEEDING: 4,194± Sq. Ft. CONC. DRIVEWAY: 1,239± Sq. Ft. PRIVATE WALK: 213 ± Sq. Ft. PUBLIC WALK: 272 ± Sq. Ft. DRIVE SLOPE: 7% ALL UNDERGROUND SEWERS AND UTILITIES SHOWN ARE PLOTTED BY SCALE FROM "RECORD ORA'MNGS" FURNISHED BY ENGINEER. ....01)11111111/111/21, (S C. July 28, 2015 :JUJL1U 0 OLIO minim Cin o Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (DECK IN EASEMENT) —13921 SETTLERS RIDGE TRAIL, CARMEL INDIANA 46033 Dear Board Members: Mr. and Mrs. Raymond E. Wesolowski and Linda E. Wesolowski, owners of the property with the common address of 13921 Settlers Ridge Trail, (Lot 11, Settler's Ridge at Haverstick, Section 1) have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of a deck in a portion of the lot designated as an easement. It is not expected that the installation of the deck at the proposed location will result in a Detriment (as defined in City Code) to the subject property or the adjacent properties (provided the petitioner adheres 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 any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. 3. Existing grade and elevations must not be altered or modified within the drainage easement. Sincerely, Jeremy Kashman, P.E. City Engineer S:\BPW15\13921SETTLERSRIDGETRLREQUESTFORVARIANCEDECK.DOC DEPARTMENT OF ENGINEERING ONE Gale SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 BIAI1. engincCng©crewel. in.gov