7189 Alice Paul Lane - Andrews, Ryan/Julianne2015048956 ENCR $28.00
09/17/2015 03:00:46PM 9 PG5
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
1111111 i 11111111111111111111111111111011111111111111111101111111111
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Ryan A. Andrews &
Julianne N. Andrews, 7189 Alice Paul Lane, 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 16 ("Lot") in Meadows at the Legacy, 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 5, Slide 38, Instrument Number 2013002735 in
the Office of the Hamilton County,Recordcr on Jahuary 11, 2013, as Meadows at the Legacy, Section 1 (the "Plat"); and
WHEREAS, the current Owner wishes to install landscaping on the Lot (the "Site Improvement"); and
WIIEREAS, 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 a Drainage, Utility, and Sewer
Easement, identified as "15' DU&SE" 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 approved the Owner's request for a variance from Carmel
City Code Section 6-227(4) on 'x' e-- 1.2ot5 ; and
rA
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:
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 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 othenvise
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"
RYAN A. ANDREWS
Signature
Date: 9 + ' 15
JULIA ANE N. ANDREWS
STATE OF INDIANA
,y�.t�e n/� ) SS:
COUNTY OFtI thinI i 1 )
Before me, a Notary Public in and for said County and State, personally appeared RYAN A. ANDREWS & JULIANNE N.
ANDREWS, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her
voluntary act and deed.
`,
Witness my hand and Notarial Seal this V day ofsT � ��ii'lIDpV , 20�
My Commission
NOTARY PLTBLCICC )Co*
Printed Name
My County of Residence: R6. w
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY:
James Brainard, Presiding Officer
ate:
Mary Ann . .�
Date:
Lori Watson,
Date:
ATTEST:
lana Cordray, I
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 appearedRD, MARY ANN
BURKE and LORI WATSON by me Lcnown, and by me known to be the Members of the City of Carmel Board of Public Works and
Safety, an
Clerk-Trea
urer of TFIE CITY OF CARMEL, who acknowledged the execution of the foregoing
"Consent To Encroach" on behalf of the City of Carmel, Indiana. rake(
46
Witness my hand and Notarial Seal this )10 day of 3 (I k , 2015 .
NOTARY PUBLI
C nn
��
h
My Commission //
Printed Name
My County of Residence ritM t
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 I have taken reasonable care to redact each Social Security Number in this document,
unless required by law. Douglas C. Haney, Esquire
EXHIBIT A
LOT 16 IN MEADOWS AT THE LEGACY, SECTION 1 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON JANUARY 11, 2013 IN PLAT CABINET 5, SLIDE 38, AS INSTRUMENT NUMBER 2013002735
(LI
Schneider
EXHIBIT B
The Schneider Corporation
:Historic Fort Harrison
Finished floor Elevation (FFF) Information
Pad Grade = 755.2 per plan
Pad Grade + 1.0' = Garage FFE (755.2)
Garage FFE a 19' = Residence FFE (758.1)
Residence TIE- 8.9' = Basement FFE (749.2)
M.F.P.G.=7553
M.F.F. =755.8
M.LA.G.=755.3
Ground Cover Area Calculations
Drive = 789 SF+/-
PubfuWalk =204 SF y- PMate Welk= 30 SH/-
Nyerese=.dirg - 5,461 SSf.
Sod = 166 50+1- [from tont otresldeace:
Op ienel sod padtage
Hydreseeding = 1,695 T.F.J-
Adcitioral Sod Package= 455 sof. to :ear easement .
Parcel 129-10-23-004-016.000-018
Sidewalk to be placed
an the property line,
4' from back of curb,
Pm pian.
8901 Gt15 Avenue
IMierapolis, 4N 46216-1037
oao
Assumed North
Sade : ). - 30'
Phone'. 317.6267100
Fax: 317
26.7200
Plot Plan Le end
® Proposed Grades
000.0 Existing trades
-ao.O---- Center Grade
* Approx. Lateral location
— 0 — Sa Rory Sewer Ines
—R— Stam Sewer L'nee
— v — Water Swire Lines
Sub -Surface Oran lines
• Manhole (Sanitary or Stam)
® Beehive Het (Stam)
® Curb Inlet (Storm)
D End Section (Storm)
a Fire Hrtrmt
— • • • — ... — Flow Line of Swale
Building lne (EL / BST)
Easement Line
518. I 610
71=7 16
PER REWR5
DRAWING
LOT / 17
W00EL/ 3000A
TYPICAL SWALE SECTION
NOTE: N THE RE9OENTAL OLSROCTS LVJTNG
HEIGHT TO TWENTY-FM1E (25) FEET. A DMAFLUNG
MAY BE INCREASED N 11091T 1D IHNTY-FlW (35)
FEET PR0510E0 THE SIDE MD REM YARDS ME
NCEA&11 M AWITONAL FOOT FOR EACH FOOT
SUCH STRUCTURE BLEEDS TYSYTY-RYE (25) FEET
N HOGIT. P09 CMMEL MING ORDINANCE 26.1.1.
TREE/
I-RNDSLAP IN 6
STRIP
DCHAREE
OATS
SINA1LOE IdPRE4 i1S Ct11FLTMTIai 6 RECUT OF ROT FUN BY MOWER.
• Garage Finish Floor Elevation -The garage finish flooreievaoon is 2,2 feet above the curb a the drive per plan.
• Nearby Manhole Casting Elevations -The upstreamsantary manhole has a top of casting e evation of 755.11 and the downstream sanitary manhole has a tap of cas5ng
elevation of 755.09 bofn per record drawing. The upstream sanitary manhole top of Nsfn elevation shall be no less than one foot (11-0' I below the F.F.E. cf the residence.
SHEET 1 OF 2
PLOT PLAN
Prepared For. R.H. OF INDIANA
Subctvision: THE MEADOWS AT THE LEGACY SECTION 1 •
Recording Info: 2013002735 and C.0,0. # 2013008902
County: HAMILTON Township: CLAY
Street Address: 7189 ALICE PAUL LANE '
Buyer/Owner: JULIANNE N. AND RYAN A. ANDREWS •
Prepared SS )EAS DATE: 09-04-13
SCALE: 1"=30'
Sec/Tap/Rog: SEC 22-1181.046
Job # 13.0107014
LCT16 •
Lot Sire: 9,855 SF
0/55': 33'
U
Lie 000 U
000:0®0 occminimr
CITY 0 ARMEL
September4, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
_JAMES 13RAINARD, MAYOR
RE: CONSENT TO ENCROACH — 7189 ALICE PAUL LANE — LANDSCAPING IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Mr. & Mrs. Ryan Andrews, 7189 Alice Paul Lane, 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 September 16, 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\7189ALI CE PAU LLN EN CROACH M E NT. DOC
DEPARTMENT OF ENGINEERING
s
ONE Civic SQUARE, CARMEL. IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAII. engineeiingtcarmel.in.gov
• EXHIBIT B
414
Schneider
HiatorIc Fort Harrison
Finished Floor Elevation IFFELInfonnation
Pad Grade = 755.2 per plan
Pad Grade 4 1.P = Garage FFE (756.21
Garage FFE 9 1,9' = Residence FFE (758.1)
Residence FFE- 8.9'= Basement FFE (749.2)
M.F.P.G.=755.3
M.F.F.=755.8
M.LAG.=755.3
Ground Cover Area Calculations
Orbe = 739 SFIJ-
PublicWalk =264 5F fr. PrivateWalk= 30 5F+g-
HydrcseedNg = 5,481 NW
Sod - 156 rtf. (tram front of residence:
optional sad package
Hydreseeding • 1,095 5Fa1-
PddtnnalSod Package = 465 51+1-10 rear easement
Parcel 8 29-10-23-004-016.000-018
Sde'eaI to be placed
on the property IncI,
4' from bock o( -curb.
per plan.
0
il N16o
TsC=75
PER RBS RD
auxlNc
i
•
47 SOP 4;1OPE
TYPICAL SWALE SECTION
8901018 Avenue Indianapolis, IN 46216-1037
LOT # 16
Assumed Nath
Scale : 1 • - 30'
The Schneider Corporation
Phone, 317.826.7100 Fac 317.826.7200
Rat Plan Legend
Proposed Grades
Existing Grades
Contour Grade
Approx. Lateral Locaticn
Sa Racy Serer Liles
Storm Serer Uses
Water S&t Lines
Sub -Surface Drain tinea
0 Manhole (Sanitary or Stam)
0 Beehive Inlet (Stam)
® Curb wet (Starts)
A FlrEnd e H ml (Stens)
—••• —..•—Flow Line of side
Balding Che (BL / BS)
Easement Line
ALICE PAUL LANE
pm 33 R/W
240 trim
B -B RDI atm
5
54.2 1 M
35.0'
26.0
Y 16..1, 4334 ll.
• Pcxa1
LOT j 17
MCOELj 3000A
NOTE: N NE 6131011141 DISR8CTS [1111NG
FEOC71T 10 T11017Y-FM1E (25) FEET, A DWELLING
MM BE INCREASED N HEQIT TO 1141111Y -FIVE (35)
FET FRONDED 1116 SEE ANO REM YAFQ3S ME
INCREASED AN ADDEPOWL FOOT FOR EACH FOOT
SWI 51900108E EXCEEDS 1NENtt-11W (25) FEET
N NF31i1E PER CA 3E1 20049 ORDNANCE 26.1.1.
W
Ld
to
73 nn
20' D.U.&ASE.
25' B.L
DIES Pm ,6.58-RN1
GARAGE
0,
$4 •6A31m6r
1
130008•
RENAL
��
•
3•
733'
OEpc
CPPCNAL 930 LNE
.0
7 f1F
2
LOT # 15
MODEL] 2800 B
20.1'
PER CRA t I 7 .00
%-- L 764.2 754.
75 81
TREE/
I ANDSLAP IN 6
STRtP
90 ARem :
DAM
SMAl6W RFAE4t1S CO FIALAD0N 0 EOM OF Rif R-44 9Y EIATUIER
• Garage Finish Floor Elevation -The garage finishflooreI.evaion'a2.2 feet above thecurb at the drive per plan.
• Nearby Manhole Casting Elevations- The upstream sandary manhole has a top of casting a evasion of 755.15 and the downstream sanitary manhole has a top of casting
e:eva5on of 765.09 bath per record drawing. The upstream sanitary manhole top of castle elevation shall be no lass than one foot (1'O') below the F.F.E. cf the residence.
SHEET 1 OF 2
PLOT PLAN
Prepared For R.H. OF INDIANA
Subdivision: THE MEADOWS AT THE LEGACY SECTION 1 •
Recording Info: 2013002735 and C.O.C. R 2013008902
County: HAMILTON Township: CLAY
Street Address: 7189 ALICE PAUL LANE •
Buyer/Owner: JULIANNE N. Arlo RYAN A. ANDREWS •
Prepared 69c EAS DATE: 09-04-13
SCALE: 1"=30'
Job 413.0107014
L0716 •
Lot Size: 9,855 59
Sec/TwprRng: SEC 2241BM-84E
R/1V: 33'
DL-
JIJE 1L1 0 0 0,
'.0E0 0 m
=Lm=
CITY O
0
September 4, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
000:
ARMEL
JAMES BRAINARD, MAYOR
RE: REQUEST FOR VARIANCE (LANDSCAPING IN EASEMENT) — 7189 ALICE PAUL LANE, CARMEL
INDIANA 46033
Dear Board Members:
Mr. & Mrs. Ryan A. Andrews and Julianne N. Andrews, owners of the property with the common address
of 7189 Alice Paul Lane, (Lot 16, Meadows at the Legacy, Section 1) have requested a variance from
Section 6-227(a)(4) of the City of Carmel Code for the installation of landscaping in a portion of the lot
designated as an easement.
It is not expected that the installation of the landscaping 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 (including removal and/or relocation
of the landscaping from the installed location) any drainage issues that, in the opinion of the
City, represent a Detriment as defined in City Code.
3. Petitioners agree not to modify the grade of the easement with the installation of the
landscaping.
4. Landscaping may only encroach 7.5' into the 15' D.U. & S.E to facilitate drainage along the
property lines for adjacent properties.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BP W 15\7189ALICEPAU LLNREQUESTFORVARIA NCELAN DSCAPI NG. DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL 1N 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering®Carmel. in.gov