14124 James Dean Drive - Klein, Karen2015052832 ENCR $27.00
10/08/2015 01:57:58PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111111111111111111111111111111111111111111111111111111111111111
CONSENT TO ENCROACII
THIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between Karen L. Klein, 14124
James Dean Drive, 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.69. (`:Lot") in:the Meadows at the Legacy, Section 3 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 *as recorded in Plat Cabinet 5, Slide Number 280, Instrument Number
2014054240 in the Office.of the Hamilton County Recorder on December 2, 2014, as the Meadows at the Legacy, Section 3 (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 btnportions of the Lot designated as Drainage Easement, identified as
"10' 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
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 0.=�rorocrt ZOIS ; and
0"
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:
t.- The foregoing preambles, recitations anddefinitionsare 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 terns and provisions of this Agreement.
Owner covenants and -agrees notto 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 othenvise, 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 atter 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"
KAREN L. KLEINSIATIOL�C��
ure/
'1 J' l'
Date: OW l S
STATE OF INDIANA )
SS:
COUNTY OP I J 1 )
Before me, a Notary Public in and for said County and State, personally appeared KAREN L. KLEIN, by me known, and who
acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed.
WitnessMty hand and Notarial Seal this )today of CYlataika, 2015
My Commission ExI Aires:
ACM
NOTAI-R1' PPUUBA lac
PrintedaN me
My County of Residence: ali ton
"CITY"
CITY OF CARMEL, INDIANA,
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
BY: /(07-- /, M!/Jt
James Brainard, Presiding Officer
Date: 0 �$
Ain
Mary • -urk,20 • be.�5-
Date: _
Lori WAtson, i•'mber
Date: j0/7/15
ATTEST:
�C-st,7(/ Sandra M Johnson
Diana Cordray, TAMC, Cle -Treasurer Deputy Clerk Fo r
Date: /0-7 -IS
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAM P_S BRAIN/MD, 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
�arK�rar fl'J jinsan Aepa'y
Safety, and DIANA -L. C RbRAY, Clerk -Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing
"Consent To Encroach" on behalf of the City of Carmel, Indiana.
trayWitness my hand and Notarial Seal this 7 day of G2Q / , 20 d
My Commis ion Expires:
NOTARY PUBLI
C' Onn A\A S
Printed Name
My County of Residence:
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 69 IN TILE MEADOWS AT THE LEGACY, SECTION -3 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER ON DECEMBER 2. 2014 IN PLAT CABINET 5, SLIDE 280, AS INSTRUMENT NUMBER 2014054240
EXHIBIT B
^±STOEPPELWERTH
7965 East 106lh Street, fishers, IN 46038-2505
phone: 317.849.5935 lax: 317.849.5941
JOB ID MLEG3.69
ALWAYS ON CONTROL# 72207 RYL
5
pftotviSED
FENc.E --%�
,t E
.6
EX. BASIN #B
T.0.8. EIr 753.0
100 YEAR ELEV.-750.91
COVERED 1
014.6
MODEL= 1800 CRAFTSMAN A
EEELEV -759.70
? 1 BSUT.
/ 750.80 (U
• I)
I
3 39.3x.
9.3.5
0
3.1 1
so' DE
C!�
0
01
JAMES DEAN
°3DRIVE
5
ALL UNDERGROUND SEWERS AND UTNTIES BENCHMARK
SHOWN ARE PLOTTED BY SCALE FROM
'RECORD DRAWNGS' FURNISHED BY ENGINEER. TOP OF CASTING = 755.62
LOT 69
THE MEADOWS AT THE LEGACY
SECTION THREE :
INST. #2014054240 SEEDING
P.C. #5, Slide #280 SEED IN EASEMENT:
ZONING: PUD CONC. DRIVEWAY:
PRIVATE WAIX:
3' MINIMUM SIDE YARD PUBOC WALK:
6' MINIMUM BETWEEN STRUCTURio REARADDITIONAL SOD:
20' MINIMUM REAR YARD REAR EASEMENT
•14124 JAMES DEAN DRIVE
CARMEL, IN 46033
= 30'
LOT AREA: 8,375 Sq. Ft.
REAR MLAO. -755.5
REAR M.F.P.G.-755.5
M.F.F.-757.0
LEGEND:
1333
PROPOSED GRADE PER PUN
ITT TAM AS BUILT GRADE
9,5.D
- SUB -SURFACE DRAIN
SANITARY SEWER-
- STORM SEVER
WAIER NI MN
w 3/C WATER CONNECTION
4SWALE
® SANITARY MANHOLE
(Qj STORM MANHOLE
• CURB INLET
FIRE HYDRANT
DRAINAGE (PUTT & SANITARY
SEWER £ASEMEN7
BEST MANAGEMENT PRACTICE
EASEMENT
DRAINAGE & L11UTY EASEMENT
BUILDING LINE
DRAINAGE EASEMENT
TOP OF TANK
N
I
MINIMUM D PAD GRADE LOWEST
MINIMUM LOWEST ADJACENT GRADE
MINIMUM FINISHED FLOOR
`" s-cOEPp'":
80040474;
STATE OF
SU R`11,
1663 Sq. Yd R[PRESEH,FDDAS A RETBAAQMENT E6 I0%L
3.13137± Sq. Ft. BOUNDARY SURAE. 600115 SURVEY OR A
625± Sq. FL
4163 Sq. Ft.
50± Sq. Ft.
3753 Sq. Ft.
362* Sq. Yd.
SIGNATURE DATE
SIGNATURE REPRESENTS CONFIRMATION OF RECEIPT OF PLOT PLAN BY CUSTOMER
September 10, 2015
,JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: REQUEST FOR VARIANCE (FENCE IN EASEMENT) —14124 JAMES DEAN DRIVE, CARMEL INDIANA
46033
Dear Board Members:
Ms. Karen L. Klein, owner of the property. with a common address of 14124 James Dean Drive, (Lot 69,
The Meadows at the Legacy, Section 3) has requested a variance from Section 6-227(a)(4) of the City of
Carmel Code for the installationof 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 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. Petitioner enters into a Consent -to -Encroach Agreement with the City and records the
Agreement.
2. Petitioner (and successors and assigns) agrees to remedy any drainage issues resulting from the
installation of the fence that, in the opinion of the City, represent a Detriment as defined in City
Code.
3. Petitioner must obtain approval from the HOA for installation of the fence if such approval is
required by the restrictive covenants of the development.
4. Existing grade and elevations must not be altered or modified within the drainage easement.
5. Fence posts shall be placed at least 2' from the underground subsurface drain in the back 10'
D.E. to prevent damage to this infrastructure.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
S:\BPW15\141241AMESDEANDR REQU ESTFORVARIANCEFENCE.DOC
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAX 317571.2439
EV1All. engincering@crrmel]n.gov
EXHIBIT B
.�1STOEPPELWERTH
'r- ALWAYS ON
7965 Eon 106th Street, fishers, IN 46038-2505
phone: 317.8495935 fox: 317.849.5942
153.1
PitoPoSED%
FENCE —
OL BASIN 1(0B
T.O.B. UEEV.0
100 YEAR ELEV.-750 91
se,e
.3'
_s9_e
:5• SE150A«
fAOU T..B
\N
v
COVER[p \� 56.0
011 1 1 / Iz
53.11
o'DE
814.67'
moo. el
•
MOOEL. 1500 CRAFTSMAN A
F.F.ELEV- 759.70
13514T. 750.60 (LN)
d
0
0
n
031
T.C.-755.42
® AS BUILT
15531
JAMES DEAN
43DRIVE
55W
ALL UNDERGROUND SEKRS AND UTLLRIES
91OWN ARE PLOTTED BY' SCALE FROM
RECORD DRAW,ICS- FURNISHED BY ENGINEER.
, BENCHMARK
TOP OF CASTING = 755.62
LOT 69
THE MEADOWS AT THE LEGACY
SECTION THREE
50D:
INST. #2014054240 SEEDING:
P.C. $5, Slide #280 SEED IN EASEMENT:
ZONING: PUD CONC. DRIVEWAY:
PRIVATE WALK:
3' MINIMUM SIDE YARD PUBLIC WALK:
6' MINIMUM BETWEEN STRUCRJR10 ADDITIONAL SOD:
EASEMEM
20' MINIMUM REAR YARD REAR
JOB ID MLEG3.69
CONTROL# 72207 RYL
• 14124 JAMES DEAN DRIVE
CARMEL, IN 46033
1" = 30'
LOT AREA:8,375 Sq. Ft.
REAR M.LA.G.-755.5
REAR M.F.P,G-755.5
M.F.F.-757.0
LEGEND:
PROPOSED GRADE PER PLAN
AS BURT (RADE
MEC
S.S.D.
SUB -SURFACE MINN
SANITARY SEWER
STORM S,.W[R
W- WATER MAW
W
3/4' WATER CIXNECTW
4SWALE
SANITARY MANHOLE
STORM MANHOLE
CURB INLET
FIRE HYDRANT
D.U.R5.5.E. DRAINAGE UTILITY & SANITARY
SEWER EASEMENT
B.MP.L BEST MANAGEMENT PRACTICE
EASEMENT
ORA/NAGE & UIIUTY EASEMENT
B.L BUILDING UNE
O.L DRAINAGE EASEMENT
T.0.0. TW OF BANK
M,F.P.C. MINIMUM FINISHED PM GRADE
LILAC. MINIMUM LOWEST ADJACENT GRADE
M.F.r. MINIMUM FINISHED ROM
OS1rFOEP
a J ESTE'......
;"QyYG RFS., AIA
I No.
x180040474?==
STATE OF
P l
SU F4Vt
Ate/ ASI
1663 Sq. Yd. nmmRESNreDORANNO IS ROT *5 A REIRACEMESI 0ID TO OE
3,887 * Sq- Ft: �rcoxAanY L JRVEY.CATI ArR9(T, SURWY M A
625 3 Sq. Ft.
4163 Sq. Ft.
503 Sq. Ft.
3753 Sq. Ft.
3623 Sq. Yd.
SIGNATURE
DATE
SIGNATURE REPRESENTS CONFIRMATION OF RECEIPT OF PLOT PLAN BY CUSTOMER
,Juno 0 0 o ULlul
000 n ®n 0DO.
_g_
CITY 0 AI MEL
September 10, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JAMES BRAINARD, MAYOR
RE: CONSENT TO ENCROACH —14124 JAMES DEAN DRIVE — FENCE IN EASEMENT
Dear Board Members:
A Consent to Encroach document signed by Ms. Karen L. Klein, 14124 James Dean Drive, 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 October 7, 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\14124JAMESDEANDRENCROACH MENT.DOC
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAN 317.571.2439
Ei IAI1. enginesnnOcarmel.in.gov