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14066 James Dean Drive - Strobel, Kris/Fernando2016016404 ENCR $27.00 04/13/2016 11:40:44AM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II I II I II I I I I II I I II CONSENT I'(B l vTCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement') is enteredd into by and between iris J. Strobel & <ernanda Strobel, 14066 James Deana Drive, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the Clay of Can-tnel, Hamilton County, Indiana, by and through its Board of Public Works and ;Safety ("City"). WII`NES,SET. H> WHEREAS, Owner owns in fee simple €_,cat 60 (11ol7) inn 'f'he Meadows at the Legacy, Section Three which is located within the corporate limits of the City of Carmel, Indiana ("Subdivision"), which real estate is more particularly described in E\hibit A,. attached hereto and incorporated herein by this reference; and 'WHEREAS, the official plat of the Subdivision Xmas recorded in Plat Cabinet 5, Slide 280, Itistrument ## 2014054240 in the Office of the Hamilton County Recorder on December 2, 2014, as The Meadows at the Legacy, Section 'Three (the "Plat"); and WHEREAS, the current O m,ner dishes to install a fence on the Lot (the"Site lmprovemenf ); arid••: 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 IA'HEREAS, the Site Improvc1nent will be constructed on portions of the Lot designated as a 10' Drainage and BMP Easement, Identified as IOD,E. & B.M.P.E." on Exhibit B (the "Easemcnf ); 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 I 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 A efi t 6 1'W t b ; and VIP 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 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. f evaraLm KRIS J. STROBEL Signature Date: G 3Z// 2 FERNANDA STROBEL Signature I.. WADE DAVID COOK Date: 03 /it la O k6 Notary Public - Seal State of Indiana Hamilton County STATE OF INDIANA ) My Commission Expires Mar 26, 2022 SS: COUNTY OF X- � I -0, - Before 0 ^Before me, a Notary Public in and for said County and State, personally appeared KRIS J. STROBEL & FERNANDA STROBEL, 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 1 I day of Mc,, c.�N 20_L(e NOTARY PUBLIC My Commission Expires: LJ1 d �o -2 Z Printed Name My County of Residence: fiG "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: Ja es Brainard, Presjd�lg OXi9err. Mary Ann Date: Lori Watson, Date: ATTEST: C 'stine S. Pauley, Date: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) 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 CHRISTINE S. PAULEY, 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 (j/ day of4or'i 20-L. NQTARY PUBLIC f My Co is 'oit "Z,-)/ -44, �_yC✓l L %`/�L L - �. niANNF WAI THAI L Printed Name Seal Notary Public - State of Indiana My County of Residence: Hamilton Countv My CnmrTL, c Fer ,at 4, F ?4 ,] 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 60 IN THE MEADOWS AT THE LEGACY, SECTION THREE RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON DECEMBER 2, 2014 IN PLAT CABINET 5, SLIDE 280, AS INSTRUMENT # 2014054240 E=- X H i E31 "1" S T 0 E P P - E L W E R T H ®� ALWAYS ON 7965 East 1061h Street, Fishers, IN 46038-2505 phone: 317.0495935 fax: 317,849.5942 EX. HASIN TOB ELc'V, 4 t0 too YEAR EIEV. 751.41 45.00 h JOB ID r CONTROL# 71686 RYL 14066 JAMES DEAN DRIVE CARMEL, IN 46033 3. LOT AREA. x,970 Sq. Ft. M.LA.r^a.7 .1 M.F.P.C.� .i M.F.F. 7 .0 MODEL-' 3aOO CRAFTSMEN A � LEGEND. KF.ELEVm759,pq XX.X PROPOSED GRADE PER PLAN C1 A O . BSMT.= 750.10 (LH) XAH AS BUILT GRADE � X4' F O:1 � a ?3 S'S.C. AS DUILT i>' _..— S.5—D.— — SUB --SURFACE DRAIN w SANITARY SEWER 71' .00' 7.1' STORM SEWER `` OAR 581 W WATER MAIN W 3/4" WATEPo CONNECTION 561 75710 � 3.4r • .. •--.-- SWALE 55 3 Pon. . B.L.55.7 SOD TINE 5ANITARY MANHOLE SOD LINE---7t30� 281'f CCNC. -820. .&S.S.E �� STORM MANHOLE b ,o OR IVE n MH 580 `V . (} CURB INLET 20.0' 7.C.- 755.50 T.D.- 756.74 AS QUILT 65.00 WSW B6.A AS BUILT FIRE HYDRANT .-. ` �AME 54 B D.U.&S.S.E DRAINAGE UTILITY & SANITARY SEWER EASEMENT B.M.P.E. BEST MANAGEMENT PRACTICE 7 EASE o c.t D.&U.E. DRAIINAGET & UTILITY EASEMENT B.L. BUILDING LM In ' D. I- DRAINAGE EASEMENT T.O.B. TOP OF BANK M.F.P.G, MINIMUM FINISHED PAD GRADE LOWEST �IXMi CENT GRADE M.F.FG MINIMUM FINISHEDMINIMUM 5SW y� p �,p �g �q� CONTRACTOR SHALL 1 IDI CUT 'THE LA LOCA BACK 3 AND CONNECT TO HOUSE FOLLOVANG PLOT *�� � .: • ' 0f Eq ��:'qQ©''•:'� No. LCAT 60 UTILITIES 7: � �� ALL UNDERGROUND SEWERS AND _ SR CORD CRANHOWN ARE PLOTTED MEADOW AT NG^-" FURNSHED BYBy SGAILE OENGINEER. � i+ S. <, STATE OF THREE. SECTION TI' REE INST. #2014054240 TOP OF CASTING = 756.70 P.G. 5. Slide #280 Sco: 350Sq. Yd. SEMM 4.685 $9. Ft:. ZONING: PUD MINIMUM SIDE YARD IN T: * Sq. Ft. a3' n�•1 , R5' f,IINI IUM �E EN STRUCTURE C. DRIVEWAY. 932 * Ft. =vA m WAM. 28* Sp. M NO%: THIS DRAWN0 IS NOT INTENDED TO V- REPRESENTED AS A RETRACENENT DR CA MAL JMJOEs Brwin1,-PD, AlvvOR March 29, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE, CONSENT TO ENCROACH —14066 JAMES DEAN DRIVE— FENCE IN EASEMENT Dear Board Members: A Consent to Encroach document signed by Kris & Fernanda Strobel, owners of the property with a common address of 14066 James Dean Drive, 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 April 6, 2016 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:\B PW16\14066JAM ESDEAN DRENCROACH M ENT. DOC DEPARI-A4ENr oi� E-N'GINEEWNG 0-,,F. Cwic G�iwm., IN t: 3`'i 3Y77 :1 1 1 ,5 , -.2441- FA,, 31 Et, a i, eggineering-v, carmel,in.gov March 29, 2016 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 o1L5 BRATI4 RE REQUEST FOR VARIANCE (FENCE IN EASEMENT) — 14066 JAMES DEAN DRIVE, CARMEL INDIANA ,4603,3 Dear Board Members: Iris & Fernanda Strobel, owners of the property with a common address of 1:4066 James Dean Drive, 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'a 1.0' Drainage Easement and BMP Easement. It is riot expected that the installation of the fence at the proposed location will result in a Detriment las 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 (arid successors and assigns) agree 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 Cade. 3. Petitioner or fence installer shall locate subsurface drain near backyard property line and ensure fence is installed so the fence posts avoid this infrastructure. 4. Petitioners obtain approval from the HOA for installation of the fence if such approval is required by the restrictive covenants of the development. Sincerely, Jeremy Kashman, P.E. City Engineer 5:\BFw16\14066}AMESDEANDRREEQUESTFORVARIA NCEFENCE.DOC ONE GIJfC SQ r, CR,"T4L, IN 46012. Oifi ,-- 3i_� ,7.7i1,24 �h:{ 3a;r.`>.1.2439 EXHIBIT e:., STOEPPELWERTH ALWAYS OH 7965 East 1061h Sheet, Fishers, IN 46038-2505 phone- 317.0493935 fax: 317.849.5942 Ex F TOB ELEVBASIN7 4..�10 IDD YEAR ETEV.=751.41 20.08' SCD LINE — 281'f N aaG' ._.....� T.C. J58.70 ------�--®-- AS DU0..T BJ.DD WSW J 'JAME DEAN! N ro D VE I f f�w(-F— u SCD UNE 130'± 735.80 BUILT JOB ID ML.EG3.60 CONTROL# 71686 RYL 14066 JAMES DEAN DRIVE CARMEL, IN 46033 3, LOT AREA:8,970 Sq. F#. ►,.�.�.G.-768.1 M.F.P.6 -768.1 MAR -7%13 LEGEND. 58.1 a COVERED T�T3.42' XXX PROPOSED GRADE PER PLAN ,d PORCH AS BUILT GRADE SUBSURFACE DRAIN 31.33' SANITARY SEWER STORM SEWER MODEL. Saco CRAFTSMEN A W WATER MAIN O F.F.ELEV.� 758. • BSMT = 750.10 LH) T.O.O. b 4X4' . n MINIMUM FINISHED PAD OWE A9 DUiLT MINIMUM LOWEST ADJACENT GRADE M.F.F. 7.1' .OD' ..._._ 6' MINIMUM BETWEEN STRUCTURE MVATe AM 28* 28* Sm FL Sf-ail CAR. 6 757.10 20.08' SCD LINE — 281'f N aaG' ._.....� T.C. J58.70 ------�--®-- AS DU0..T BJ.DD WSW J 'JAME DEAN! N ro D VE I f f�w(-F— u SCD UNE 130'± 735.80 BUILT JOB ID ML.EG3.60 CONTROL# 71686 RYL 14066 JAMES DEAN DRIVE CARMEL, IN 46033 3, LOT AREA:8,970 Sq. F#. ►,.�.�.G.-768.1 M.F.P.6 -768.1 MAR -7%13 LEGEND. SANITARY MANHOLE XXX PROPOSED GRADE PER PLAN XX XAB AS BUILT GRADE SUBSURFACE DRAIN FIRE HYDRANT SANITARY SEWER STORM SEWER B.L W WATER MAIN D.E Wt 3/4' WATER CONNECTION T.O.O. • . • - — SWALE D.U.B;SS.E SANITARY MANHOLE I—S) STORM MANHOLE D.M.P.E. CURB INLET FIRE HYDRANT D.U.B;SS.E DRAINAGE UTILITY do SANITARY SEWER EASEL£NT D.M.P.E. BESTMMGEMENT PRACTICE EASEMENT D.&U.E DRAINAGE & UTILITY EASEMENT B.L BUILDING LINE: D.E DRAINAGE EASEMENT T.O.O. TOP OF BANK M.F.P.G. MINIMUM FINISHED PAD OWE M.LA.G. MINIMUM LOWEST ADJACENT GRADE M.F.F. MINIMUM FINISHED FLOOR CONTRACTORBE RRiE� CUT „p,pun�yryq LOCATION p CONNECT TO HOUSE FOLLOWING PLOT PLAN. No z LOT D ' ALL UNDERGROUND SEVERS AND UTILITIES MEADOWS AT LEGACY 'SHOWNRECO ARE PLOTTED UR SCALE FROM 'RECORD DRAri1NGS' FURt�SNED BY ENG.'NEER. I s AO474 ! STATE OF :`f`�. �Al1XAt`IQ' u p SECTION THREE' BENCHMARK ,�`,),0............ INST. #2014054240 TOP OF CASTING = 756.70 P.C. 5, 31icio #;250 150 *£;WING: s>� Ft 4,648:bSq. F1 4Z�, ZONING: PUD 3' MINIMUM SIDE YARD IN E.AswENT: 850* Sq. Ft. C7 6' MINIMUM BETWEEN STRUCTURE MVATe AM 28* 28* Sm FL RF.PR�>m� A"RETRACEMENT 00 ONONAL