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Home My WebLink AboutCorrespondence NF Nelson & Frankenberger. LLC qinew Attorneys at Law 550 Congressional Blvd., Suite 210, Carmel, Indiana 46032 317-844-0.106 JAMES E.SHINAVER JON C.DOBOSIEWICZ LAWRENCE J.KEMPER* Land Use Professional JOHN B.FLATT FREDRIC LAWRENCE VALERIE L.MATHEIS** *Also licensed in Kentucky JANE B.MERRILL—Of Counsel **Also licensed in Illinois VIA HAND DELIVERY December 6, 2019 City of Carmel Attn: Rachel Keesling Re: Atapco Carmel, LLC Avid Hotel DP/ADLS/V Dear Rachel: Enclosed please find nine (9) copies of the Plan Commission packets for distribution to the Plan Commission members for the December 17th meeting, as well as a flash drive that contains a digital copy of the packets. Thanks for your assistance in this matter and should you have any questions please do not hesitate to contact me. Very truly yours, NELSON & FRANKENBERGER, LLC Jon C. Dobosiewicz Land Use Professional VSYOR'S OFPN F�C 61 ",tip Z,�_'-'e `�� '_, G��.V�/:.v fir �� , - 9Centon C. 7Xlard, CE7yf Surveyor of 9familton County 4 hone (317) 776-9495 Fax (317) 776-96z8 Kimley Horn and Associates INC. ATTN: Andy Taylor 250 E 96" Street Indianapolis, IN 46240 RE: Lakeside R&D Center Suite 188 One.Namilton County Square Noblesville, Indiana 46o60-.2230 We have reviewed the construction plans submitted to the Hamilton County Surveyor's Office on November 7, 2019, for this project and have the following comments: 1. The project falls in the incorporated area and MS4 jurisdiction of the City of Carmel. 2. The proposed project DOES NOT fall in a Carmel Wellhead Protection Zone. 3. The proposed project falls in the WR Fertig Regulated Drain Watershed. 4. Please direct any stormwater related questions to the city of Westfield. 5. The Hamilton County Surveyor's Office has no major comments or concerns with the proposed project at this time. Please note, additional comments may be warranted at a later date. Should you have any questions, I can be reached at Samuel.dark@hamiltoncounty.in.gov Sincerely, Sam Clark Plan Reviewer Cross Reference to Deed: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the “Easement”) is by and between the _______, (the "Grantor") and the City of Carmel, Indiana (the “City”), by and through its Board of Public Works & Safety (the “Grantee”) and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSETH THAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Real Estate”); WHEREAS, Grantor intends to _______on the Real Estate and, in connection with the construction, development and operation of the _______, the City has approved or will approve a Storm Water Management Permit (the “Permit”); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water quality management (collectively the “Ordinances”). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibit “A” in two parts (the “Easement Area”). Section 2. Storm Water Quality System. Located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, ________ and structural and non-structural best management practices (collectively the “Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at Grantor’s expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor’s obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing reasonable notice to Grantor, to perform, at Grantor’s expense, such maintenance, repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney’s fees. Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee’s rights under this Easement. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel, Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he or she has been duly authorized by Grantor to execute and deliver this Easement, and that all actions, votes, approvals and/or restrictions necessary to allow the execution and delivery of this Easement have been undertaken. _____________________________________________________________ By_______________________________ _____________________________ Date: ____________________________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared _______________________, who acknowledged execution of the foregoing Easement for and on behalf of _____________________________________. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ James Brainard, Mayor Date: __________ ________________________________________ Mary Ann Burke Date: ____________ ________________________________________ Lori Watson Date: ____________ ATTEST: ________________________________________ Christine S. Pauley, Clerk-Treasurer Date: ____________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mary Ann Burke, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Christine S. Pauley, the Clerk Treasurer of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name Pursuant to IC 36-2-11-15(b)(2), 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, Esq. Prepared by: Douglas C. Haney, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 NF Nelson & Frankenberger, LLC Attorneys at Law 550 Congressional Blvd., Suite 210, Carmel, Indiana 46032 317-844-0106 JAMES E.SHINAVER JON C.DOBOSIEWICZ LAWRENCE J. KEMPER" Land Use Professional JOHN B.FLATT FREDRIC LAWRENCE VALERIE L. MATHEIS`* CHARLES D. FRANKENBERGER—Of Counsel *Also licensed in Kentucky JANE B.MERRILL—Of Counsel **Also licensed in Illinois November 5, 2019 Via Email City of Carmel Department of Community Services Attn: Rachel Keesling Re: Atapco—Lakeside Building 635 West Carmel Drive Payment of Filing Fee ADLS and DP Application Dear Rachel: Enclosed please find a check in the sum of$2,055.08 for the filing fee for the above matter. Thank you for your assistance in this matter and should you have any questions please do not hesitate to contact me. Very truly yours, NELSON & FRANKENBERGER, LLC Ji maver 550 Congressional Blvd., Suite 210, Carmel, Indiana 46032 317-844-0106 JAMES E. SHINAVER LAWRENCE J. KEMPER * JOHN B. FLATT FREDRIC LAWRENCE VALERIE L. MATHEIS** CHARLES D. FRANKENBERGER – Of Counsel JANE B. MERRILL – Of Counsel JON C. DOBOSIEWICZ Land Use Professional *Also licensed in Kentucky **Also licensed in Illinois October 16, 2019 Via Email City of Carmel Department of Community Services Attn: Rachel Keesling Re: Atapco – Lakeside Building 635 West Carmel Drive ADLS and DP Application Submittal Dear Rachel: Per prior discussions regarding the Atapco Carmel, Inc. and the proposed new Lakeside building at 635 West Carmel Drive, enclosed please the following: (i) ADLS application; (iii) Development Plan application; and, (vi) TAC application. After you have opened up this matter in ProjectDox, please notify me so I can upload all plans for this project. Also, the short-term schedule for this matter will be as follows 11/20/19 – TAC Meeting 9:00 a.m. (Time to be determined) 12/17/19 – 6:00 p.m. 1st Plan Commission Meeting 01/07/20 – 6:00 p.m. 1st Plan Commission Committee Meeting Thank you for your assistance in this matter and should you have any questions please do not hesitate to contact me. Very truly yours, NELSON & FRANKENBERGER, LLC Jon Dobosiewicz Jon Dobosiewicz, Land Use Professional