HomeMy WebLinkAboutCorrespondence
Shestak, Joe
From:Conn, Angelina V
Sent:Thursday, January 6, 2022 11:38 AM
To:JimS@nf-law.com; JonD@nf-law.com
Cc:cjames@hwcengineering.com; prioux@platinum-properties.com; Kyle Eichhorn; Warner,
Caleb; Shestak, Joe
Subject:RE: Docket No. Assignment: Albany Village Secondary Plat (PZ-2021-00074 SP)
Follow Up Flag:Follow up
Flag Status:Completed
Good morning, Jim & Jon - Please note that the secondary plat filing fee is still due for this item.
Please also let me know your timeline for paying the secondary plat filing fee, and also for requesting to get on a BPW meeting
agenda to finalize the plat (you will need to contact Caleb Warner in the Engineering Dept. for that part). Thank you,
Angie Conn, AICP | Planning Administrator
City of Carmel Planning & Zoning Dept.
1 Civic Square, 3rd Flr., Carmel, IN 46032
O: 317-571-2417 | W: carmeldocs.com
From: Conn, Angelina V
Sent: Tuesday, April 20, 2021 8:35 AM
To: Blanchard, Jim E <JBlanchard@carmel.in.gov>; Chavez, Nathan <nchavez@carmel.in.gov>; Keesling, Rachel M
<rkeesling@carmel.in.gov>; 'Hall, Willie' <whall@crossroadengineers.com>; Hollibaugh, Mike P <MHollibaugh@carmel.in.gov>;
Jesse, Christina <cjesse@carmel.in.gov>; Jordan, Alex <ajordan@carmel.in.gov>; Kashman, Jeremy M
<jkashman@carmel.in.gov>; Keeling, Adrienne M <AKeeling@carmel.in.gov>; Krueskamp, Theresa A
<TKrueskamp@carmel.in.gov>; Littlejohn, David W <dlittlejohn@carmel.in.gov>; Lopez, Alexia K <alopez@carmel.in.gov>;
Maki, Sue <smaki@carmel.in.gov>; Martin, Candy <cmartin@carmel.in.gov>; McCoy, David W <DMcCoy@carmel.in.gov>;
Mindham, Daren <dmindham@carmel.in.gov>; Mishler, Nicholas F <nmishler@carmel.in.gov>; Motz, Lisa
<lmotz@carmel.in.gov>; Shestak, Joe <jshestak@carmel.in.gov>; Thomas, John G <jthomas@carmel.in.gov>; Warner, Caleb
<cwarner@carmel.in.gov>; Worrell, Jeff <jworrell@carmel.in.gov>; Oberlander, Jon A <joberlander@carmel.in.gov>; Reis, Paul
<preis@carmel.in.gov>
Cc: cjames@hwcengineering.com; prioux@platinum-properties.com; JimS@nf-law.com; JonD@nf-law.com; Kyle Eichhorn
<keichhorn@hwcengineering.com>
Subject: Docket No. Assignment: Albany Village Secondary Plat (PZ-2021-00074 SP)
I’ve issued the necessary Docket Number for this item. It is the following:
Docket No. PZ-2021-00074 SP: Albany Village Secondary Plat.
The applicant seeks administrative approvals of a secondary plat and construction plans for 82 lots (36 single-family detached
dwelling units and 46 two-family attached dwelling units) on 36 acres. The site is located at 14407 Shelborne Rd. It is zoned
Albany Village PUD/Planned Unit Development (Ordinance Z-666-21). Filed by Jim Shinaver and Jon Dobosiewicz of Nelson
& Frankenberger on behalf of Lamb Property Developer, LLC.
Jim Shinaver, Attorney, can be contacted at 317-844-0106 and jims@nf-law.com. And, Jon Dobosiewicz, Land Use Professional,
can be contacted at 317-844-0106 and jond@nf-law.com.
ePlan/ProjectDox contact: Chad James with HWC Engineering can be contacted at 317-419-6767 and
cjames@hwcengineering.com.
FILING FEES:
Secondary Plat (82 lots) $13,368.00
1
From:Turner, James
To:Chad James
Subject:RE: Albany Village Off-Site Sanitary - 401 RGP
Date:Wednesday, September 22, 2021 4:42:16 PM
Attachments:image001.jpg
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
The project meets the terms and conditions of a general WQC.
IDEM# 2021-703-29-JBT-X
JTurner2@idem.in.gov | IDEM Office of Water Quality | 317-450-7054
From: Chad James <cjames@hwcengineering.com>
Sent: Monday, September 20, 2021 1:04 PM
To: Turner, James <JTurner2@idem.IN.gov>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
**** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. ****
Good Afternoon Jay,
I just wanted to follow up on the emails below. If you could let me know where we stand, I would greatly appreciate it.
Thanks,
Chad
From: Chad James
Sent: Tuesday, September 14, 2021 6:32 AM
To: 'Turner, James' <JTurner2@idem.IN.gov>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
Good Morning Jay,
I just wanted to follow up on the 401 RGP for Albany Village Off-Site Sanitary. If you could let me know when we can expect comments/approval, I would greatly appreciate it.
Thanks,
Chad
From: Chad James
Sent: Monday, August 23, 2021 1:08 PM
To: Turner, James <JTurner2@idem.IN.gov>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
Good Afternoon Jay,
I sent you two separate emails with the PDFs attached. You should have received those August 10th later in the day. Let me know if you are not able to locate them and I can send over again.
Thanks,
Chad
From: Turner, James <JTurner2@idem.IN.gov>
Sent: Monday, August 23, 2021 10:20 AM
To: Chad James <cjames@hwcengineering.com>
Subject: FW: Albany Village Off-Site Sanitary - 401 RGP
That link doesn’t seem to be working for me.
-Jay
JTurner2@idem.in.gov | IDEM Office of Water Quality | 317-450-7054
From: Farren, Amari <AFarren@idem.IN.gov>
Sent: Tuesday, August 10, 2021 12:54 PM
To: Chad James <cjames@hwcengineering.com>
Cc: Turner, James <JTurner2@idem.IN.gov>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
I’m sorry, it looks like I forgot. He’s cc’d here, jturner2@idem.in.gov.
Thanks,
Amari
From: Chad James <cjames@hwcengineering.com>
Sent: Tuesday, August 10, 2021 10:46 AM
To: Farren, Amari <AFarren@idem.IN.gov>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
**** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. ****
Amari,
I’m not seeing his email address. Could you send that to me when you get a chance?
Thanks,
Chad
From: Farren, Amari <AFarren@idem.IN.gov>
Sent: Tuesday, August 10, 2021 10:38 AM
To: Chad James <cjames@hwcengineering.com>
Cc: Tim Walter <twalter@platinum-properties.com>; Ed Fleming <efleming@platinum-properties.com>; Kyle Eichhorn <keichhorn@hwcengineering.com>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
Please contact James Turner. He is cc’d on this email.
Thanks,
Amari
From: Chad James <cjames@hwcengineering.com>
Sent: Tuesday, August 10, 2021 10:35 AM
To: Farren, Amari <AFarren@idem.IN.gov>
Cc: Tim Walter <twalter@platinum-properties.com>; Ed Fleming <efleming@platinum-properties.com>; Kyle Eichhorn <keichhorn@hwcengineering.com>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
**** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. ****
Thanks Amari.
The project is located in Hamilton County.
Let me know who I should contact and I will likely send two emails with attachments to that person.
Thanks,
Chad
From: Farren, Amari <AFarren@idem.IN.gov>
Sent: Tuesday, August 10, 2021 10:33 AM
To: Chad James <cjames@hwcengineering.com>
Cc: Tim Walter <twalter@platinum-properties.com>; Ed Fleming <efleming@platinum-properties.com>; Kyle Eichhorn <keichhorn@hwcengineering.com>
Subject: RE: Albany Village Off-Site Sanitary - 401 RGP
Chad,
I have transferred to a new position at IDEM, and am no longer a Wetland Project Manager. Please let me know in which County the project will be located so I can put you in contact with the current
project manager. I also wanted to let you know that the link to the document did not work. Dropbox is usually blocked by our system, so you will need to find another method of sending the application.
Thanks,
Amari
Amari Farren, ChiefWater Enforcement Section100 North Senate Avenue, Room 1255Indianapolis Indiana 46204Phone: (317) 234-6351Fax: 317-234-4145afarren@idem.IN.gov
__________________________________________________________________________________________________________________________________________________________________________________________________ Indiana Department of Environmental Management
| | |
COVID-19 Resources:
Indiana State Dept. of Health (ISDH) COVID-19 Call Center: Call 877-826-0011 (available 8:00 am-5:00 pm daily).
From: Chad James <cjames@hwcengineering.com>
Sent: Tuesday, August 10, 2021 10:28 AM
To: Farren, Amari <AFarren@idem.IN.gov>
Cc: Tim Walter <twalter@platinum-properties.com>; Ed Fleming <efleming@platinum-properties.com>; Kyle Eichhorn <keichhorn@hwcengineering.com>
Subject: Albany Village Off-Site Sanitary - 401 RGP
**** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. ****
Good Morning Amari,
At the link below you will find the 401 permit submittal package for Albany Village Off-Site Sanitary Sewer main crossing Bear Creek. Please let me know if you have any questions or if any additional
information is needed.
https://www.dropbox.com/sh/7fcn6q9gwt6fshc/AAAxeVZhNGY36BsuuMMvMVlva?dl=0
Thanks,
Chad James, PE
Project Manager
HWC Engineering
135 N. Pennsylvania Street, Suite 2800
Indianapolis, IN 46204
317-419-6767 office
317-767-1547 mobile
www.hwcengineering.com
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IQEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
We Protect Hoosiers and Our Environment.
100 N. Senate Avenue • Indianapolis, IN 46204
(800) 451-6027 • (317) 232-8603 • www.idem.]N.gov
Eric J. Holcomb Bruno Pigott
a'} Governor September 2, 2021 Commissioner
VIA CERTIFIED MAIL 7002 0510 0002 7964 7998
Mr. Timothy Walter, P.E.
Lamb Property Developer, LLC
9757 Westpoint Drive, Suite 600
Indianapolis, Indiana 46256
Dear Mr. Walter:
Re: 327 IAC 3 Construction
Permit Application
Albany Village and Albany Village Offsite
Sanitary Sewer
Permit Approval No. 24133
Carmel, Indiana
Hamilton County
The application, plans and specifications, and supporting documents for the above -
referenced project have been reviewed and processed in accordance with rules
adopted under 327 IAC 3. Enclosed is the Construction Permit (Approval No. 24133),
which applies to the construction of the above -referenced sanitary sewer system to be
located at the southeast corner of Old 146th Street and Shelborne Road. The offsite
portion of the sewer will cross Shelborne Road and Bear Creek to the west, connecting
to an existing sanitary sewer about 1,300 feet west and 700 feet south of the
intersection of West 146th Street and Shelborne Road.
Please review the enclosed permit carefully and become familiar with its terms and
conditions. In addition, it is imperative that the applicant, consulting architect/engineer
(A/E), inspector, and contractor are aware of these terms, conditions, and reporting and
testing requirements.
It should be noted that any person affected or aggrieved by the agency's decision in
authorizing the construction of the above -referenced facility may, within fifteen (15) days
from date of mailing, appeal this permit by filing a request with the Office of
Environmental Adjudication for an adjudicatory hearing in accordance with IC 4-21.5-3-7
and IC 13=15-6. The procedure for appeal is outlined in more detail in Part III of the
attached construction permit.
Plans and specifications were prepared by HWC Engineering, certified by Chad T.
James, P.E., and submitted for review on July 13, 2021, with additional information
submitted on August 26, 2021.
An Equal Opportunity Employer
la
A State that Wo_ rks
Recycled Paper
Any questions concerning this permit may be addressed to Robert Synko, P.E., of
our staff, at 317/232-8658, or rssynko@idem.in.gov.
Sincerely,
Kevin D. Czerniakowski, P.E.
Section Chief
Facility Construction and
Engineering Support Section
Office of Water Quality
Project No. M-24915
Enclosures
cc: Hamilton County Health Department
Chad James, P.E., HWC Engineering
Andrew Williams, Utility Director, TriCo Regional Sewer Utility
Page 1 of 6
Permit Approval No. 24133
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AUTHORIZATION FOR CONSTRUCTION OF
SANITARY SEWER SYSTEM
UNDER 327 IAC 3
DECISION OF APPROVAL
Lamb Property Developer, LLC, in accordance with the provisions of IG 13-15 and
327 IAC 3 is hereby issued a permit to construct a sanitary sewer system to be located
at the southeast corner of Old 146th Street and Shelborne Road. The offsite portion of
the sewer will cross Shelborne Road and Bear Creek to the west, connecting to an
existing sanitary sewer about 1,300 feet west and 700 feet south of the intersection of
West 146th Street and Shelborne Road. The permittee is required to comply with
requirements set forth in Parts I, II and III hereof. The permit is effective pursuant to IC
4-21.5-3-4(d). If a petition for review and a petition for stay of effectiveness are filed
pursuant to IC 13-15-6, an Environmental Law Judge may be appointed for an
adjudicatory hearing. The force and effect of any contested permit provision may be
stayed at that time.
NOTICE OF EXPIRATION DATE
Authorization to initiate construction of this sanitary sewer system shall expire at
midnight one year from the date of issuance of this construction permit. In order to
receive authorization to initiate construction beyond this date, the permittee shall submit
such information and forms as required by the Indiana Department of Environmental
Management. It is requested that this information be submitted sixty (60) days prior to
the expiration date to initiate construction. This permit shall be valid for a period of five
`(5) years from the date below for full construction completion.
Signed this 2nd day of September 20 21 , for the Indiana Department of
Environmental Management.
r
Kevin D. Czerniakowski, P.E.
Section Chief
Facility Construction and
Engineering Support Section
Office of Water Quality
Page 2 of 6
Permit Approval No. 24133
SANITARY SEWER SYSTEM DESCRIPTION
The proposed project will consist of the construction of sanitary sewers at the
referenced project location, as described below. The proposed sanitary sewer will
provide service for 82 new single-family homes with an average design flow of 25,420
GPD. The new sewer will be connected to an existing manhole on an 8-inch diameter
sanitary sewer located approximately 1,300 feet west and 700 feet south of the
intersection of West 146th Street and Shelborne Road.
Sanitary sewer construction will consist of the following:
Approximately 4,128 feet of 8-inch diameter PVC (ASTM D3034, SDR-35)
sanitary sewer;
Approximately 777 feet of 8-inch diameter PVC (ASTM D3034, SDR-26)
sanitary sewer;
Approximately 406 feet of 8-inch diameter PVC (ASTM D2241, SDR-21, 200-
psi rated) sanitary sewer.
Note that there are 2 spans of 8-inch diameter sanitary sewer proposed that exceed
the 400 feet between manholes allowed by 327 IAC 3-6-16. TriCo has indicated in
writing that they can maintain at least 550 feet spans between manholes. We hereby
approve an Alternate to the Technical Standards as provided by 327 IAC 3-6-32.
Inspection during construction of the new sanitary sewer and maintenance after
completion of construction will be provided by the TriCo Regional Sewer Utility.
Wastewater treatment will be provided by the TriCo Michigan Road WRRF.
CONDITIONS AND LIMITATIONS TO THE AUTHORIZATION FOR
CONSTRUCTION OF SANITARY SEWERS
During the period beginning on the effective date of this permit and extending until
the expiration date, the permittee is authorized to construct the above -described
sanitary sewer system. Such construction shall conform to all provisions of State Rule
327 IAC 3 and the following specific provisions:
PART
SPECIFIC CONDITIONS AND LIMITATIONS TO THE CONSTRUCTION PERMIT
Unless specific authorization is otherwise provided under the permit, the permittee
shall comply with the following conditions:
Any local permits required for this project, along with easement acquisition,
shall be obtained before construction is initiated.
Page 3 of 6
Permit Approval No. 24133
2. If pollution or nuisance conditions are created, immediate corrective action
will be taken by the permittee.
3. The separation of sanitary sewers from water mains and drinking water wells
must comply with 327 IAC 3-6-9.
4. All gravity sewer pipe must be leak tested using either a hydrostatic test or air
test in accordance with 327 IAC 3-6-19(d). If using a hydrostatic test, the rate
of exfiltration or infiltration shall not exceed 200 gallons per inch of pipe
diameter per linear mile per day. Air test shall be as prescribed.
5. The results of the gravity sewer leakage test on the completed sewer shall be
submitted to this office within three months of completion of construction.
6. Deflection tests must be performed on all flexible* pipe after the final backfill
has been in place at least 30 days. No pipe shall exceed a vertical deflection
of 5%. Deflection test results shall be submitted with the infiltration/exfiltration
test results. (*The following are considered nonflexible pipes: vitrified clay
pipe, concrete pipe, ductile iron pipe, cast iron pipe, asbestos cement pipe.)
7. Manholes shall be air tested in accordance with ASTM C1244, Standard Test
Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum)
Test. The manhole test results shall be submitted with the gravity sewer
leakage test results.
Failure to submit test results within the allotted time -period or failure to meet
guidelines as set forth in the above conditions could be subject to enforcement
proceedings as provided by 327 IAC 3-5-3.
Page 4 of 6
Permit Approval No. 24133
PART II
GENERAL CONDITIONS
No significant or material changes in the scope of the plans or construction of this
project shall be made unless the following provisions are met:
a. Request for permit modification is made 60 days in advance of the
proposed significant or material changes in the scope of the plans or
construction;
b. Submit a detailed statement of such proposed changes;
C. Submit revised plans and specifications including a revised design
summary; and
d. Obtain a revised construction permit from this agency.
2. This permit may be modified, suspended, or revoked for cause including, but not
limited to the following:
a. Violation of any term or conditions of this permit:
b. Obtaining this permit by misrepresentation or failure to disclose fully all
relevant facts.
3. Nothing herein shall be construed as guaranteeing that the proposed sanitary
sewer system shall meet standards, limitations or requirements of this or any
other agency of state or federal government, as this agency has no direct control
over the actual construction and/or operation of the proposed project.
Page 5 of 6
Permit Approval No. 24133
PART III
NOTICE OF RIGHT TO ADMINISTRATIVE REVIEW
Anyone wishing to challenge this construction permit must do so by filing a Petition
for Administrative Review with the Office of Environmental Adjudication (OEA), and
serving a copy of the petition upon IDEM. The requirements for filing a Petition for
Administrative Review are found in IC 4-2'1.5-3-7, IC '13-15-6-1 and 3'15 IAC '1-3-2. A
summary of the requirements of these laws is provided below.
A Petition for Administrative Review must be filed with the Office of Environmental
Adjudication (OEA) within fifteen (15) days of the issuance of this notice (eighteen (18)
days if notice was received by U.S. Mail), and a copy must be served upon IDEM.
Addresses are:
Director
Office of Environmental Adjudication
Indiana Government Center North
Room 103
100 North Senate Avenue
Indianapolis, Indiana 46204
Commissioner
Indiana Department of Environmental
Management
Indiana Government Center North
Room 1301
100 North Senate Avenue
Indianapolis, Indiana 46204
The petition must contain the following information:
1. The name, address and telephone number of each petitioner.
2. A description of each petitioner's interest in the permit.
3. A statement of facts demonstrating that each petitioner is:
a. a person to whom the order is directed;
b. aggrieved or adversely affected by the permit; or
c. entitled to administrative review under any law.
4. The reasons for the request for administrative review.
5. The particular legal issues proposed for review.
6. The alleged environmental concerns or technical deficiencies of the permit.
7. The permit terms and conditions that the petitioner believes would be
appropriate and would comply with the law.
8. The identity of any persons represented by the petitioner.
9. The identity of the person against whom administrative review is sought.
10. A copy of the permit that is the basis of the petition.
11. A statement identifying petitioner's attorney or other representative, if any.
Page 6 of 6
Permit Approval No. 24133
Failure to meet the requirements of the law with respect to a Petition for
Administrative Review may result in a waiver of the Petitioner's right to seek
administrative review of the permit. Examples are:
1. Failure to file a Petition by the applicable deadline;
2. Failure to serve a copy of the Petition upon IDEM when it is filed; or
3. Failure to include the information required by law.
If Petitioner seeks to have a permit stayed during the administrative review, he or
she may need to file a Petition for a Stay of Effectiveness. The specific requirements for
such a Petition can be found in 315 IAC 1-3-2 and 315 IAC 1-3-2.1.
Pursuant to IC 4-21.5-3-17, OEA will provide all parties with notice of any pre -
hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the
review of this action. Those who are entitled to notice under IC 4-21.5-3-5(b) and would
like to obtain notices of any pre -hearing conferences, preliminary hearings, hearings,
stays, or orders disposing of the review of this action without intervening in the
proceeding must submit a written request to OEA at the address above.
More information on the review process is available at the website for the Office of
Environmental Adjudication at http://www.in.gov/oea.
539 South Main Street
Findlay, OH 45840
Telephone: (419) 422-2121
October 21, 2021 T&C File #: 11 -459-166-652
Chad James
HWC Engineering
135 N. Pennsylvania Street, Suite 2800
Indianapolis, IN 46204
RE: Conditional Letter of Approval- Albany Village Development
Dear Mr. James,
This Conditional Letter of Approval is for the Albany Village Development (the “Work”) which will be
constructed south of 146th St. Fishers, IN. (the “Site”). Marathon Pipe Line LLC (MPL) agrees to allow
the Work to proceed with the following conditions:
1. The plan set Albany Village Development Plan dated October 4, 2021 is the approved plan set
with the following stipulations.
2. The final depth of cover over the MPL pipeline upon completion of the road crossing must be a
minimum of (48”) forty-eight inches.
3. Scrapers require a minimum of (36”) thirty-six inches of cover to cross the pipeline.
4. Snow fencing or applicable barrier should be installed on each side of the ROW.
5. An MPL representative must be on site during any activities within 50 feet of the MPL pipeline.
Again, thank you for including MPL in your preplanning for the Albany Village Development project.
As a friendly reminder, a One Call is to be made 48 hours in advance of any work. Should you have any
other questions, please feel free to contact me at 419-379-8506.
Sincerely,
Brian Phillips
ROW Specialist
Marathon Pipe Line LLC
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Primary Plat
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(powder coated cast aluminum frame
and recycled plastic planking)
2021043486 EASE $25.00
06/11/2021 02:13:12PM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN PSI
Recorded as Presented
II II II II II I I I II I I I I I II II
Prior Deed Reference: Instrument No. 2019014757
TEMPORARY PATH CONSTRUCTION EASEMENT AGREEMENT
This Temporary Path Construction Easement Agreement (the "Easement
Agreement") is executed this 261' day of May, 2021 by and between Albany Place
Homeowners Association, Inc., an Indiana corporation ("Grantor") and Lamb Property
Developer, LLC, an Indiana limited liability company ("Grantee").
WHEREAS, Grantee is the fee simple owner of the property described in Exhibit A
attached hereto and incorporated by reference, which property is located in the City of
Carmel, Hamilton County, Indiana (the "Grantee Property");
WHEREAS, Grantor is the fee simple owner of the property described in Exhibit
B_ attached hereto and incorporated by reference, which property is located in the City of
Carmel, Hamilton County, Indiana (the "Temporary Path Construction Easement
Property");
WHEREAS, Grantor is desirous of granting a temporary path construction
easement over and across the Temporary Path Construction Easement Property for the
benefit of and to provide Grantee the right to construct a path on the Temporary Path
Construction Easement Property pursuant to the terms and conditions of this Easement
Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor and Grantee agree to the following:
1. The above recitals are hereby incorporated in this Easement Agreement as if fully
set forth herein.
2. Grantor hereby grants to Grantee a temporary path construction easement over and
across the Temporary Path Construction Easement Property for the benefit of the
Grantee Property pursuant to the terms and conditions of this Easement Agreement
(the "Temporary Path Construction Easement'). Grantee shall design and construct
an asphalt path across the Temporary Path Construction Easement Property in a
specific location that is approved prior to construction by City of Carmel (the "Path
Extension").
1
3. The Temporary Path Construction Easement shall automatically terminate at the
earlier of (a) the completion of construction of the Path Extension by Grantee, or
(b) December 31, 2023.
4. After construction of the Path Extension has been completed by Grantee, Grantor
hereby agrees that it will maintain the Path Extension in the same manner as how
Grantor maintains the currently existing path located on the portion of Grantor's
property located adjacent to the Temporary Path Construction Easement Property
that the Path Extension will connect to.
5. This Easement Agreement and all rights, obligations, covenants and agreements
contained herein shall be binding upon and inure to the benefit of the heirs,
executors, successors, and assigns of the parties hereto and shall run with the land.
6. All exhibits referred to herein and attached hereto shall be deemed part of this
Easement Agreement.
7. If any term, provision or condition contained in this Easement Agreement shall, to
any extent be invalid or unenforceable, the remainder of this Easement Agreement
shall not be affected, and each term and provision of this Easement Agreement shall
be valid and enforceable to the fullest extent permitted by law.
8. The Easement Agreement created hereunder shall not be merged or be deemed to
be merged into the fee interest in the Grantor or its successors or assigns.
9. Grantor represents and warrants to Grantee that (a) Grantor owns fee simple title to
the Temporary Path Construction Easement Property, (b) Grantor has full right,
power and authority to grant to Grantee the Temporary Path Construction
Easement, and (c) there are no mortgages, deeds of trust, security interest, liens or
other encumbrances of any kind that could have any adverse effect on the use of
the Temporary Path Construction Easement.
10. This Easement Agreement contains the entire agreement between the parties hereto
with respect to the subject matter hereof. This Easement Agreement shall not be
amended, modified or supplemented except by an instrument recorded in the Office
of the Recorder of Hamilton County, Indiana duly executed by Grantor and
Grantee.
11. All notices given under this Easement Agreement shall be in writing and sent by
prepaid certified mail, return receipt requested, or by a nationally -recognized
overnight courier, addressed to Grantor at Albany Place Homeowners Association,
Inc., 9757 Westpoint Drive, Suite 600, Indianapolis, Indiana 46256; and to Grantee
at Lamb Property Developer, LLC, 9757 Westpoint Drive, Suite 600, Indianapolis,
Indiana, 46256. Notices shall be deemed given upon the date indicated on written
confirmation of receipt by the receiving party if sent via certified mail or twenty-
four (24) hours after notice is given to a courier for overnight delivery. Either party,
2
upon written notice, may change the address to which notices are to be mailed from
time to time to the other party.
12. If either party fails to cure a default under this Easement Agreement within fifteen
(15) days after receiving notice of such default (or such longer period as shall be
reasonably necessary to cure such default so long as the defaulting party
commences to cure such default within such fifteen -day period and thereafter
diligently pursues such cure to completion), the non -defaulting party shall be
entitled to any and all available remedies, including but not limited to, specific
performance.
13. This Easement Agreement shall be recorded in the Office of the Recorder of
Hamilton County, Indiana.
*Signatures Appear on Following Pages*
3
IN WITNESS WHEREOF this Easement Agreement has been entered into on the
day and year first mentioned above.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
GRANTOR
Albany Place Homeowners Association, Inc.
Steven R. Edwards
Secretary
Before me, a Notary Public in and for said County and State, personally appeared
Steven R. Edwards, Secretary of Albany Place Homeowners Association, Inc., and
acknowledged the execution of the foregoing Temporary Path Construction Easement
Agreement for the uses and purposes therein set forth.
Witness my hand and Notarial Seal this 26 h day of May, 2021.
My Commission Expires:
Residing in
County
A/ r ,
Notary Pu lice
w
Printed Name:
1p' STACY A. SINGER
i �; Boone County
My Commission Expires
,;
October 19, 2023
4
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
GRANTEE
Lamb Property Developer, LLC
44,
Steven R. Edwards
Vice President — Chief Financial Officer
Before me, the undersigned, a Notary Public in and for said County and State,
personally appeared Steven R. Edwards and known to me to be the Vice President — Chief
Financial Officer of Lamb Property Developer, LLC, and acknowledged the execution of
the foregoing Temporary Path Construction Easement Agreement for the uses and purposes
therein set forth.
WITNESS my hand and notarial seal this 20' day of May, 2021.
STACY A. SINGER
Norway*:
Boone County11
My Commission Expires
!ro�R�•
October— 2023
My Commission Expires:
Residing in County
Notary �ublic
Printed Name: t ' fit rj y
This instrument was prepared by Steven R. Edwards, Lamb Property Developer, LLC,
9757 Westpoint Drive, Suite 600, Indianapolis, Indiana 46256.
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. Steven R. Edwards
5
EXHIBIT A
LEGAL DESCRIPTION — GRANTEE PROPERTY
A part of the Northwest Quarter of the Northwest Quarter of Section 20, Township 18
North, Range 3 East, Clay Township, Hamilton County, Indiana, being a part of the
William Lamb property described in Instrument Number 2018037539 in the Recorders
Office of Hamilton County, Indiana and being described as follows:
Beginning at the Northeast corner of a tract of real estate conveyed to Hamilton County,
Indiana, as described in Instrument Number 2018037540, said point being along the North
line of said Quarter section, North 89 degrees 36 minutes 02 seconds East, 513.36 feet,
from the Northwest corner of said Northwest Quarter, marked by a Harrison monument;
thence continue along said North line, North 89 degrees 36 minutes 02 seconds East 811.71
feet to the Northeast corner of said Quarter -Quarter section, also being the Northwest
corner of Tallyn's Ridge subdivision as per plat thereof recorded in Instrument Number
2016048354; thence along the west line of said subdivision and east line of said quarter -
quarter, South 00 degrees 04 minutes 02 seconds West, 1314.83 feet to a capped rebar at
the Southeast corner of said quarter -quarter (said point also being the Southwest corner of
said Tallyn's Ridge subdivision and the Northeast corner of Albany Place Section 2 as per
plat thereof recorded as Instrument Number 2018050330 in said Recorders office); thence
along the South line of said quarter -quarter section (and north line of said Albany Place
Section 2 and the North line of Haskell property described in Instrument Number
9427730), South 89 degrees 36 minutes 47 seconds West, 1325.57 feet to a point on the
West line of said Northwest Quarter; Also being Southwest corner of said quarter -quarter
section thence along said West line, North 00 degrees 05 minutes 20 seconds East, 789.55
feet to the Southwest corner of said Hamilton County property; thence along the Eastern
boundary thereof the following nine (9) courses: 1) South 89 degrees 53 minutes 48
seconds East, 10.87 feet, 2) North 68 degrees 36 minutes 20 seconds East, 67.78 feet to a
point of curvature of a non -tangent curve to the left, having a radius of 205.00 feet and
subtended by a long chord having a bearing of North 69 degrees 33 minutes 03 seconds
East, 155.69 feet; 3) thence along said curve an are distance of 159.70 feet; 4) North 33
degrees 39 minutes 10 seconds East, 65.23 feet to a point of curvature of a curve to the left
having a radius of 200.00 feet and subtended by a long chord having a bearing of North 14
degrees 27 minutes 47 seconds East, 98.72 feet; 5) thence along said curve an arc distance
of 99.75 feet; 6) North 00 degrees 10 minutes 32 seconds East, 144.07 feet to a point of a
tangent curve to the right, having a radius of 110.00 feet and subtended by a long chord of
North 44 degrees 53 minutes 18 seconds East, 154.78 feet, 7) thence along said curve an
arc distance of 171.68 feet; 8) North 89 degrees 31 minutes 43 seconds East, 124.14 feet;
9) North 00 degrees 23 minutes 13 seconds West, 44.84 feet to the Point of Beginning,
containing 36.649 acres more or less.
EXHIBIT B
LEGAL DESCRIPTION — TEMPORARY PATH CONSTRUCTION EASEMENT
PROPERTY
See attached.
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LEGEND
E///:] TEMPORARY EASEMENT
R PROPERTY LINE
PARCEL #29-09-20-
000-001.000-018
LAMB PROPERTY
DEVELOPER LLC
ALBANY VILLAGE
(PROPOSED)
POINT OF BEGINNING
TEMPORARY EASEMENT
12' P.A.E. N89'36'47"E 15.44'
— ® ® ® L1
EXHIBIT 1>
51
1�
ASSUMED NORTH
0' 25' 50' 75'
jRF
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rl
EXISTING R.D.E.
INST. #2014015099
POINT OF COMMENCEMENT
NW CORNER C.A. #4 f ,
ALBANY PLACE, SECTION 2 `f,'•
J" �J
a L3 — TEMPORARY
PARCEL 129-09-20— ~ EASEMENT
000-002.002-018 1,729 S.F.
JON R. HASKELL & 0.040 AC.f
CYNTHIA A. HASKELL
ALBANY PLACE
SECTION 2
P.C. 5, SL. 892
INST. #2018050330
C.A. #4
VAR. R.D.E. &
P.A.E. & B.M.P.E.
E PREPARED BY
E
aHWC
ENGINEERING
" 135 N. PENNSYLVANIA ST, SUITE 2800
-1 INDIANAPOLIS, IN 46204
317-347-3663
INDIANAPOLIS-TERRE HAUTE
s L _ LAFAYETTE - MUNCIE - NEW ALBANY wwm
FL
10' T.P.E.
GRANTOR
PARCEL #29-09-20-
000-002.101-018
ALBANY PLACE HOMEOWNERS
ASSOCIATION, INC.
WARRANTY DEED
REC. APRIL 15, 2019
INST. #2019014757
i
Line Table
Line
Direction
Length
L1
N8936'47'E
40.14'
L2
S00'05'02"W
35.26'
L3
N90'DO'00'W
30.03'
L4
NDO'08'17"E
35,36'
L5
NOO'23'13"W
4.26'
Curve Table
Curve # Arc Length Radius Chord Bearing Chord Length
C1 20.35' 45.00' S1T45'43"E 20.18'
C2 J 23.18' 15.00' N44'04'14'W 20.94'
XdL
This drawing is not intended to be represented as a retracement or
original boundary survey, a route survey, or a Surveyor Location Report.
ALBANY VILLAGE DRAWN BY
TEMPORARY EASEMENT MGJ
SW 1/4 NW 1/4, SEC. 20—T18N—R3E CHECKED BY m N
CARMEL, INDIANA AJB
I
DATE Z N
05/13/2021 p N
SCALE zo
mcengineerine.com PG 1 OF 2 1 " = 50'
EXHIBIT "S
TEMPORARY EASEMENT LAND DESCRIPTION
Part of Common Area #4 in Albany Place, Section 2, the plat of which is recorded in Plat Cabinet 5,
Slide 892 as Instrument Number 2018050330 in the Office of the Recorder of Hamilton County,
Indiana, said subdivision located in the Southwest Quarter of the Northwest Quarter of Section 20,
Township 18 North, Range 3 East of the Second Principal Meridian, in the City of Carmel, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
E COMMENCING at the northwest corner of said Common Area #4; thence North 89 degrees 36 minutes
47 seconds East (assumed bearings based upon an ALTA/NSPS Land Title Survey prepared by James
D. Hall, Professional Land Surveyor No. 20500017, Terra Site Development, Project No. 2004006,
certified on January 13, 2021) along the north line of said Common Area #4 a distance of 15.44 feet
12 to the POINT OF BEGINNING; thence continuing North 89 degrees 36 minutes 47 seconds East along
said north line a distance of 40.14 feet to a point on a non —tangent curve to the right having a
s radius of 45.00 feet; thence southerly along said curve an arc distance of 20.35 feet, said curve
< ; being subtended by a chord bearing South 12 degrees 45 minutes 43 seconds East, a chord distance
15
Of 20.18 feet; thence South 00 degrees 05 minutes 02 seconds West a distance of 35.26 feet;
thence North 90 degrees 00 minutes 00 seconds West a distance of 30.03 feet; thence North 00
degrees 08 minutes 17 seconds East a distance of 35.36 feet to a point on a non —tangent curve to
N the left having a radius of 15.00 feet; thence northwesterly along said curve an arc distance of 23.18
feet, said curve being subtended by a chord bearing North 44 degrees 04 minutes 14 seconds West, c
E chord distance of 20.94 feet; thence North 00 degrees 23 minutes 13 seconds West a distance of
4.26 feet to the POINT OF BEGINNING, containing 0.040 acres, more or less.
This exhibit prepared by.
Mi hael G. Judt
Professional Surveyor #21500017
May 13, 2021
E—Mail: mjudt@hwcengineering.com
GRANTOR
PARCEL #29-09-20-000-002.101-018
ALBANY PLACE HOMEOWNERS ASSOCIATION, INC.
WARRANTY DEED
REC. APRIL 15, 2019
INST. #2019014757
E PREPARED BY
E
FLHWC
ENGINEERING
135 N. PENNSYLVANIA ST, SUITE 2800
r INDIANAPOLIS, IN 46204
317-347-3663
No.
21500017.
STATE OF
;'��j'•• "NDIANP.••'*•�Q�\
&LK
This drawing is not intended to be represented as a retracement or
original boundary survey, a route survey, or a Surveyor Location Report.
ALBANY VILLAGE
TEMPORARY EASEMENT
SW 1/4 NW 1/4, SEC. 20-T18N-R3E
CARMEL, INDIANA
INDIANAPOLIS -TERRE HAUTE
'AYETTE - MUNCIE - NEW ALBANY www.hweengineerinv..com PG 2 OF 2
DRAWN BY
MGJ
CHECKED BY
M N
AJB
DATE
Z N
05/13/2021
p N
SCALE
N/A