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13473 Salamone Way - Morris, Dustin/Leigh2015052833 ENCR $27.00 10/08/2015 01:58:05PM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 1111111101111 ID 111111011111 IIID 1111IIIll1111111111111111011111 CONSENT TO ENCROACH .. THIS CONSENT_TO-ENCROACH (hereinafter the `_`Agreement") is entered into by and between Dustin Morris and Whitney Leigh Morris, 13473::Salamone Way, Larmel, Hamilton County, Indiana 46074, (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,'Owherowns in.fce.simple Lot.21.2.("Lot") in Claybourne, Section 3 which is located within the corporate limits s 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 Subdi'isioh was recorded in Plat Cabinet 3, Slide 533, Instrument # 200400080247 in the -.-Office of the Hamilton County Recorder on November 29, 2004, as Claybourne, Section 3 (the "Plat"); and ,_.WHEREAS; the current Owner hasinstalled ah'arbot, landscaping, and a patio 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, 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 0 bAcberi-i'LTA ; and hM 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: L 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 whatis depictedonExhibit 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 lawfulpurpose, 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-alterthe.ground surface elevation within the limits of the easement beyond what was necessary for installation of the Site Improvement. 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" DUSTIN MORRIS Signa re Date: A 19IL !WHITNEY LEIGH MORRIS Signatur, Date:y>\ STATE OF INDIANA ) SS: COUNTY OF Harrel Iron Kathryn 0 Lustig Notary Public Seal State of Indiana Hamilton County My Commission Expires 08/21/2016 Before me, a Notary Public in and for said County and State, personally appeared DUSTIN MORRIS & WHITNEY LEIGH MORRIS, 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 18'2' day of Sep+ern b e— 20 i5 NOTARY PUBLIC My Commission Expires: Kai Vr yn L.0 s* 9 09 I2 i 1 20110 Printed Name My County of Residence: 14 e">" 1 +1,•-) "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY dor Rce.Se James Brainard, Presiding Officer Date: _/v -7-15 Mary Date: Lori Watson Date: ATTEST: LofixD Sandra M JohnsoJ Diana Cordray, IAMC C°Cerk-Treasurer Deputy Clerk Fo r Date: /%7/15 STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before. me,- a..Notary. Public in and for said County and State, personally appeared J*MESBRAINARD-, 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 ac nc4raJd n&jn,il u ft?' Safety,_ and .. , 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. Witness my hand and Notarial Seal this 1 *day of My Commissionxp ires: it/ic N TARY PUBLI ann u S Printed Name My County of Residence: + /%r / / 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 212 IN CLAYBOURNE SUBDIVISION, SECTION 3 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON NOVEMBER 29, 2004 IN PLAT CABINET 3, SLIDE 533, AS INSTRUMENT # 200400080247 Schneider EXHIBIT B vee Schneider Cour...,..,-,e•.•-.. 6501 alis atom eareT1AL Betoda 7M Bamboo Iwodwpe tante+"' meesepatlt ban& 16516-1081 CSR • 118 817-6211-7100 Geology 317-828-7300 DI This Plot Plan Prepared Far, R.N. of Lot # 212 , containing 13,166 S.F.t, in Cla)boume Section / 3 INSTR. / 200400080247 RC. / 3, Slideyy/ 533 Hannan Coun, toy lip Sec 30, 1181, ROY 13473 Solomone Way (50'R/W) Carmel, IN 46074 Prepared Date: 02/22/06: By. AMA Proposed Burr(s) James Si Kristin Warner Community Ratrktlane: Ade Yo' • 5' Rem Tad = 20' Aggregote • 10' (B.H) Zoning ST Ground Cover Calculations: Drive = 827 SFt Public Wolk =1,139 SF± Privote Wolk =197 SFt Hydroseednq =5,498 SFt Sod =586 SYt , from Rea of residence. PER REn DRANK FM fern Lend Proposed Green otp mw Contour Goo + Apra Lebed Ismllon - •— SanitarySew u tea— Stem we Meer Ina - — water Sena Ina SM-SSaa Goin Des ore Nefhe hot((Slam)smm) ® Gra veld (Stem) D End Section (Slam) — Bag the (d / RSta Emmeat.tne Note. Sanitary Sewer Top of Casting Information Upstream Manhole, TC•911.53 Downstream Manhole; TC=912.21 per record drawing PER 9RECOdl DRAMKG This drawing is based an construction plons or retard drawings, and is not based upon a field survey. The Schneider Capaation does not warrant the ocarocy or sufficiency of this information. Contractors should verify existing conditions prior to any construction. My discrepancy found on this drawing should be reported to The Schneider Corporation immediately, failing to do so results N the cntractas assumption of all Ilab2lty. Nota The basement elevation, depicted heron, hos been determined ord bond upon the pad grades and/or can ham the construction pine for this subdivision. U nfomnollo about fluctuating water lab t1pea hos berm presided or stated on that Me basement fnehed Roar Sett above he named pod elevation of m unless a study of !tab reveds rah process my grand water is witness+ should be notified immediately The roved two fat (2') More the groan construction tehniques should be problems. Vb06.0049423 Lot # 212 0 qs\lo Assumed Nath Scde : I• - 30' • lea, onditians, or mar enM ms. It Is recommended be at least two nal (2') adjoining bodies of .ate, II dab thea M Sdo onet+ anent d d Beta, and odd al orated to df are Ottak of Ground/ Scorn Water Rea pattern fa ndeWal law. Note: Bolder to ensure polar drainage away from structure(s). Nota Sump pump(s) to be placed by budder ea needed. Wm* to be placed 1' from properly &ie, 4' from back of curb, W Fiat Note : The garage flashed floor elevation • Is 20' otiose the curb at the dive, per plan. R.H. of Indiana Finished Floor Elevation Information Pad Grade = 912.9 pa plan Pod Grade + 0.7 = Geroge FFE (913.6 ) Garage FTE + 1.5' • Residential FEE915.1) Residential FTE - 9.0' = Basement FE (906.1) Note: The contractor Is to mannan a minimum distance of ten feel (10) between the sanitary ewer and eater line laterals. FLOOD HAZARD STATEMENT CERTIFICATION #C7 en ;S .............. S0303 STATE OF c SURNIt Flood Hazard Stat mons: The accuracy of any flood hazard data shown on this report is subject to map scale uncertainty and to any other uncertainty in location or elevation on the referenced flood insurance rate map. ALL of the within described land DOES NOT lie within that special flood hazard zone AE as said land plots by scale on flood Insurance rate map #18057C 0260 F for the City of Carmel, Indiana dated February 19, 2003. TYPICAL MAUL 10CII0M PLEASE NOW THAT THE STRAIGHT UNE SICK OF THE DRIVEWAY FROM THE GARAGE FlMSNEO ROOK ELEVATION TO THE TOP OF THE CURB AT DHE CENTER OF THE DRIVEWAY EXCEEDS 5% AS PROPOSED. 7X15 SLOPE I5 BASED ON THE REQUIRED MINIMUM GARAGE FINISHED FLOOR ELEVATION AND 711E EXISTING TOP OF CURB EIEVARON. %NATURE : CALL 9GIATURE REPRSENTS CONRRMA110N OF RECEIPT 6 0107 RAN BY CUSTOMER Note: Per Carmel zoning ordnance 26.1.1: The residential diaMct Nnits height to twenty -1a feet (5'), however a dwelling may be named in height to thirty -awe feet (35) prodded the SMe and rear yes e are 'ncreosed m additlmd ere foot (1') Ice earn one loot (1') the etncture exceeds the first twenty -flee feet (25) In height .luEu o 0 o uIw)< .000 ()AO 000." mg. CITY 0 ' ARMEL September 23, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE: REQUEST FOR VARIANCE (ARBOR, PATIO, LANDSCAPING IN EASEMENT) —13473 SAL4MONE WAY, CARMEL, INDIANA 46074 Dear Board Members: Mr. & Mrs. Dustin Morris, owners of the property with a common address of 13473 Salamone Way, (Lot 212, Claybourne, Section 3) have requested a variance from Section 6-227(a)(4) of the City of Carmel Code for the installation of an arbor, patio, and landscaping in a portion of the lot designated as an easement. It is not expected that the installation of these improvements 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 by City Code. 3. Petitioners must obtain all necessary approvals and variances from the Carmel Department of Community Services. Sincerely, Jeremy Kashman, P.E. City Engineer 5:\BP W 15\134735ALAMONE WAYREQU ESTFORVARIANCEARBORPATIO.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARiIEI,, IN 46032 OmlcE 317.571 2441 FAx 317.571.2439 E.I.V1. wig it ecring@cumcl.in.gc Schneider lb Schultz Cap•.,.., 10I Otis Anew Rotate Fan Burfm Mena Yea 49210-152 a7- -7l00 317-12I-7EI0 PAX Thio Plot Plan Prepared For. RH of Lot 1212 , containing 13,166 S.F.±, in Claybourne Seclbn / 3 051R. 1 200100080247 P.C. / 3, Slide 533 SSec 330 ametanS& yROSE Tap 13473 Salamane Way (50'R/f7) Carmel, IN 46074 Prepared Date: 02/22/06: By. AMA Proposed Bu)e'(ak James & Kristin Warner Cammudty Restrictions: Sale Yard • 5' Rea Tad = 20' Aggregate • 10 (B,H.) Zoning • 51 Ground Cover Calculations: Drat • 827 SFS Public Wok n1,139 SFS Private Walk •197 SFS H)droseedhg -5,498 SFS Sod =586 SYS , from Rea of residence. N PER RE EXHIBIT B saeeythe Indican w Iretlt•efa. ES .1.1 Omar oor Rd RP LAPS ® Prgmd node moa define trades moa— Pinta; Cade 4 /apes Lath Locollen — s — 5m0ay Sawa uvea — e— Sean Seer Lia Rats Lia the 96 -Saha L'e thew e Bahia N mare a Stam) 8 cu. Inlet (Stam) .0. DM NaiS1 (Stant)_... - nor tS d ads — Sang Um Easement les / 9S.) Note Sanitary Sewer Top of Casting Infomatim Upstream Manhole, TC• 911.53 Downstream Manhole; TC•912.21 per record drawing P RBEC CRANK This drawbe a fused on construction plans a record drawings, and b not based upon a lidd suney. The Schneider Corporation does not warrant the accuracy or sufficiency of this information. Cmtracton should verify esathe conditions prior to any construction. My discrepancy found an this drawing should be reported to The Schneider Corporation Immediately, fading to do so results In the contractors assumption 01 oA IitOlty. Note The basement .lactlon, depleted hereon, hos been 0elarmbed and based upon the pad grades and/er con hon the contraction acme far thb sAdMabn. U hfmnatlon dont Rcludbg water telee types hon bee voided or stated on said that the bmmmt Mohd floor dew above the normal pod devotion of m unless a study al fats weeds ash process any grand water a .its should be notified hmedhtdy. The raid two feet (2) dug 10. gr construction tednigues should be problems. Vb06.0049423 Lot H 212 o Assumed Ruth Sade : 1' • 3t/ tion; or sal ms It is reeemmmded be at kat two feel (2) adjoining bolas of water. II ant 0te The t el Thant water, and Addend aatad to d tun add of Rand/ Stam Iffier tow patient icer 'ndidwal lots. Note: Bolder to ensure paean drainage away from et -extends). Note Sump pangs) to be placed by balder es needed. Sidewalk to be placed 1' hem prap.ty line, {' Iran bad of cab, Per [era CP/ NO2. : The garage etched loo demotion is 2.0' atom the orb at the dive, per plan. RN. of Indiana relished Floor Demotion Infatuation Pad Grade • 912.9 pa plat Pad (rode + a7' • Ocroge FFE (913..(8 ) Gauge FEE + 1.5' • Readantid FFEFFE15.1)) Residmtid FEE - 9.0' = Basement Note: The contractor is W mohloh o minimum Catalina of tet feel (10) between the sanitary ewer and vete Ibe laterals. FLOOD HAZARD STATEMENT CERTIFICATION Gy t06111tll11llltl1/040 /, 0 ,45 r• a 'cAu/* No. fO511,0 `••:,,�% E 50303 . Flood Hazard Stet mane The accuracy of any flood hazard data shown on this report is subject to map scale uncertainty and to any other uncertainty in location or elevation on the referenced flood Insurance rate map. ALL of the within desodbed land DOES NOT Ile within that special flood hazard zone AE as said land plots by scala on flood insurance rate map tt18057C 0260 F for the City of Carmel, Indiana Gated Feb nary 19. 2003. cos TY KML SINN/ eLC1100 PLEASE NOTE NAT THE STRAIGHT UNE AWE OF THE CRIVEWAY FROM ME GARAGE FINISHED ftOCR ETEVAI1ON TO THE TW 0f THE CURB AT THE CENTER W THE CAMAY EXCEEDS 5S AS PROPOSED. THS SLOPE BASED ON THE REOOIRED MDOUIN GARAGE FIM51ED FLOOR ELL -VAMP MID THE MING TOP OF CURB &VAPOR. 90NA1IS : OATL SICNATM E RFPRF3NR CONFIfcMADEN OF REaRT OF PLOT PLAN BY 01STD1EB. Note Per Coned zoning oedema 29.1.1: the raidmtid district Finite height to twenty -Ave fat (251 bower a dwelling may be haemed h height to bbty-inn fat (35) podded qac side and rear oda aro Swr.aed an Stead new fool (I') fa each one foot (I) ore structure ..cwde the Mt t.mt1-Ove (eel (25') In height. JULJW 0 00 0 0 0 U 1111. ®0 CITY O September 21, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 000 ARMEL JAMES BRAINARD, MAYOR RE: CONSENT TO ENCROACH —13473 SALAMONE WAY — PATIO, ARBOR, LANDSCAPING IN EASEMENT Dear Board Members: A Consent to Encroach document signed by property owners Dustin & Whitney Morris, 13473 Salamone Way, is submitted to the Board for signatures. A variance for the encroachment is also submitted to the Board. of Public Works for approval 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\13473SALAMON EWAYENCROACH MENT.DOC DEPARTMENT OF ENGINEERING ONE Chic SQUARE. CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317571 2439 ENIAII. engineering©c nncl_in.goV