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HomeMy WebLinkAboutArden BZA request with exhibits 2-17-06 Arden Townhomes Perimeter Tree Buffer Explanation I. Ordinance requirements Section 8.4 of the approved Arden Townhomes PUD Text states: Perimeter Planting/Buffer Yard. The number of perimeter plantings and the number of Buffer Yard Plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance. According to the Table for Buffer Yard Determination provided in Section 26.04 of the Zoning Ordinance, a type “B” Buffer Yard would be required along the eastern perimeter of the Arden site. The length of this side is 1,295 feet. Therefore, 39 shade trees, 39 ornamental trees, and 195 shrubs would be required. II. Proposed Perimeter Buffer Yard Treatment There currently exists a significant mature tree buffer area between the Arden site and the Carmel High School Football Stadium parking lot, located on the School’s property (see Exhibit A). This existing tree buffer is located between the eastern boundary of the Arden site and the western boundary of the proposed Cool Creek Trail extension, which will also be located on the School’s property. The Petitioner proposes to utilize the existing mature tree buffer area on the school property in place of additional buffering on the Arden site’s eastern edge. The existing buffer area on the School’s property measures 1,295 feet in length, and runs along the entire eastern perimeter of the Arden site. The width of the buffer tapers from 50 feet on the south end to 21 feet on the north end. The total acreage of the buffer area is 1.05 acres. As can be seen from the photographs provided in Exhibit B, there exists heavy vegetation within the entirety of this buffer area (both summer and winter photographs are provided). The Petitioner does not have an exact count of trees and shrubs within the buffer area. However, it can be estimated from site visits and from the photographs provided in Exhibit B that hundreds of trees and shrubs are contained within the buffer area. The existing buffer provides effective screening between the two properties and serves as an effective transition area between the two properties. The Petitioner has had multiple conversations with representatives of the School Board regarding their intent to preserve this existing buffer area. The Petitioner has been advised that the School Board has no intent to remove the existing tree buffer. To reinforce that intent, the School Board has agreed, at the request of the Petitioner, to the insertion of tree preservation language into the easement it intends to grant to the City of Carmel for the installation and maintenance of the Cool Creek trail extension (Exhibit C). The location of this preserved area, which is shown on Exhibit A, measures 1,295 feet in length and 16 feet in width, for a total of .47 acres. The School Board is scheduled to take action on the proposed Cool Creek Trail easement, which contains the tree preservation text, at their meeting on February 27, 2006. The School Board’s Staff has recommended that they approve the grant of easement (Exhibit D). Prior Deed Reference:Instrument #9019950 EASEMENT AGREEMENT THIS INDENTURE WITNESSETH , that the City of Carmel School Corporation (hereinafter “Grantor”), fee simple owner of the real property described in Instrument #9019950, recorded in the Recorder’s Office of the County of Hamilton, State of Indiana (hereinafter “Real Estate”), hereby grants and conveys to the City of Carmel, Indiana, by and through its Board of Public Works and Safety, its successors and assigns (hereinafter “Grantee”), in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a perpetual exclusive easement, described in Exhibits “A” and “B”, attached hereto and incorporated herein (hereinafter “Easement”) that shall run with the land and which shall be limited to the use of the public for ingress/egress and the Grantee’s right to construct, reconstruct, repair, operate, maintain, replace, relocate and/or remove certain pedestrian trail improvements, which include, but are not limited to, asphalt pavement, gravel shoulders, landscaping, storm drainage systems through, upon, over, along, under and across the Real Estate, together with the right to do all other lawful acts and things not inconsistent herewith and requisite or necessary for the full enjoyment of the Easement. 1 [eb:msword:n:\deals in progress - midwest\in-1101 - megenhardt - arden\zoning\trail\cool creek north trail easement final.doc:2/16/06] STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared , the of the City of Carmel School Corporation (“Grantor”), who acknowledged the execution of the foregoing “EASEMENT AGREEMENT” as his/her voluntary act and deed. Witness my hand and Notarial Seal this day of , 20. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: 4 [eb:msword:n:\deals in progress - midwest\in-1101 - megenhardt - arden\zoning\trail\cool creek north trail easement final.doc:2/16/06] The Grantee agrees to not remove any existing trees or vegetation from the Easement except: a. as is necessary for the installation, full enjoyment and maintenance of said pedestrian trail improvements and/or related improvements and infrastructure; b. as is necessary to clear underbrush and dead trees or vegetation, weeds or other rank or intrusive vegetation; c. as necessary for public health and safety, as determined with the cooperation of City of Carmel's Urban Forester. The Grantor expressly reserves all right, title and interest in and to the Real Estate described not specifically granted to Grantee, as well as the right to use or permit the use of the Easement by others for any lawful purpose not inconsistent with the rights granted to Grantee herein. It is understood that all the provisions of this Agreement are stated herein and no verbal agreements or promises will be binding on the parties hereto or their successors in interest. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Indiana. This Agreement is made subject to all prior easements, agreements, restrictions and rights-of-way of record and is not subject to the Indiana Corporate Income Tax. 2 [eb:msword:n:\deals in progress - midwest\in-1101 - megenhardt - arden\zoning\trail\cool creek north trail easement final.doc:2/16/06] This Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners, successors, assigns and legal representatives in all respects as to all covenants, agreements and obligations contained herein. IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this day of , 2006. City of Carmel School Corporation By: (Authorized Signature) (Printed Name and Title) 3 [eb:msword:n:\deals in progress - midwest\in-1101 - megenhardt - arden\zoning\trail\cool creek north trail easement final.doc:2/16/06] ACCEPTANCE WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel, Indiana, its Easement Agreement (“Agreement”), which Agreement is hereinabove set forth; and WHEREAS, the City of Carmel, Indiana, is of the opinion that said Easement is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder’s Office of the County of Hamilton, State of Indiana. “GRANTEE” CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori Watson, Member Date: ATTEST: 5 [eb:msword:n:\deals in progress - midwest\in-1101 - megenhardt - arden\zoning\trail\cool creek north trail easement final.doc:2/16/06] Diana Cordray, IAMC, Clerk-Treasurer Date: This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. 6 [eb:msword:n:\deals in progress - midwest\in-1101 - megenhardt - arden\zoning\trail\cool creek north trail easement final.doc:2/16/06] CARMEL CLAY SCHOOLS BOARD OF SCHOOL TRUSTEES Date of MeetingAgenda ItemAdministrator x New Business February 27, 2006 Old Business Roger McMichael Title Consent Action X Cool Creek North Trail Easement Report Information Recommendation It is recommended the Board of School Trustees grant the proposed Cool Creek North Trail easement at Carmel High School as requested by the City of Carmel. Background Information The City of Carmel has requested that the Carmel Clay Schools grant an easement for the construction, maintenance and use of an extension of the Cool Creek North Trail. Copies of the Grant of Easement Agreement as well as several supporting exhibits are attached. Representatives of the City of Carmel will be present at the meeting to present information on the Cool Creek North Trail. The Grant of Easement Agreement has been reviewed by David Day’s office.