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Home My WebLink AboutCorrespondencePlan Review - Review Comments Report Project Name: PZ-2024-00082 SU Lucas private baseball field Workflow Started: 5/10/2024 11:00:13 AM Report Generated: 06/27/2024 09:47 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 1 1 Planning & Zoning Angie Conn 5/13/24 3:43 PM Comment Please respond in writing to the preliminary review comments listed at the bottom of the 05/16 docket no. assignment email, and please do that before noon Friday, June 14. For your convenience, they are listed again, below: a) Please make checks payable to City of Carmel if you are paying via check. b) Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditors Office. (Make sure to check Carmel BZA on their form.) DONE. c) *The Current in Carmel only prints on Tuesdays, and their filing deadline is usually 14 days prior to their printing date. Please submit your Microsoft Word file of the legal ad to them by Fri., May 31 so that it prints on time. Their contact info is 317-489-4444 or legals@youarecurrent.com. (Please refer to the Handout for a Template of wording to use for the legal ad and the mailings.) d) The mailings/notices to the neighbors should be done by first class mail with Certificate of Mailing (not Certified Mail). (Please provide us with the certificate of mailings for the file on or before Noon, Wed., July 19.) e) Please provide the filled out & notarized Placement of Public Notice Sign Placement Affidavit form (found in Handout) once the sign is placed. f) Please provide the filled out & notarized Petitioners Affidavit of Notice of Public Hearing form (found in Handout). g) Please provide the filled-out Notice of the Public Hearing form/template (found in Handout). h) Please provide proof of notice, such as Publishers Affidavit from the newspaper, once you receive them. i) Please make sure to list out the true practical difficulties with having to comply with the zoning ordinance. j) Additional review comments will be issued through ProjectDox, our online electronic plan review software. Responded by: Bill Schmidt - 6/17/24 2:07 PM Items (a)-(d) are complete. For items, (e), (f), and (g), we will complete by 6-19, per the email below. Item (j) is noted. Please provide us the following Proof of Public Notice by Tuesday, June 18 . Please email us or upload to ProjectDox. • Public Notice Sign Placement Affidavit – see page 4 of the attachment. • Email a photo of the Public Notice sign on the property • Filled out template of the Notice of Public Hearing – see page 6 of attachment • Petitioner’s Affidavit of Notice of Public Hearing – see page 7 of attachment • Property Owner’s Affidavit – see page 12 of the attachment • Receipts of Certificate of Mailing • Official Adjoiners List & Map – RECEIVED. • Current in Carmel Publisher’s Affidavit & Proof – please forward us the email from the Current in Carmel that contains this. Have a great weekend, Joe Shestak Resolved 2 1 Planning & Zoning Angie Conn 5/14/24 11:35 AM Comment Please confirm the baseball field's use will be for private residential use, only. Responded by: Bill Schmidt - 6/13/24 5:12 PM Ballfield will be used by the Lucas family and their guests for private recreational use only. Resolved 3 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please provide all technical information required by Section 102.02(xi)(m) of the Storm Water Technical Standards on the grading plan Responded by: Bill Schmidt - 6/13/24 5:00 PM The information is provided on C600 in the Drainage Summary on the sheet. Resolved REVIEW COMMENTS Plan Review - Review Comments Report Project Name: PZ-2024-00082 SU Lucas private baseball field Workflow Started: 5/10/2024 11:00:13 AM Report Generated: 06/27/2024 09:47 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 4 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please verify that there are no direct discharge areas Responded by: Bill Schmidt - 6/13/24 5:00 PM There are two existing points of discharge from the residential site/lot. As a result of the proposed ball field the southeast point the proposed condition will have have a reduced watershed draining to the southeast outfall point from the residential lot. The peak discharge rate will be less in the 10- & 100-Yr storm events. The northeast point of discharge will be less in both the 10- & 100-Yr storm events due to the attenuation through the proposed dry detention pond. The two outfall points are represented in the flood routing shown on C600. Resolved 5 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please clearly show the construction limits on all sheets with plan view (not required on profile sheets) Responded by: Bill Schmidt - 6/13/24 5:01 PM Construction limits/area of disturbance is shown on all plan sheets. Resolved 6 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please verify that all elevations are North American Vertical Datum of 1988 (NAVD) Responded by: Bill Schmidt - 6/13/24 5:02 PM As noted on the benchmark info on C001. Also each plan sheet reiterates that "ALL ELEVATIONS ARE ON NORTH AMERICAN VERTICAL DATUM OF 1988". Resolved 7 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please verify that the horizontal datum of topgraphic map is Indiana State Plane Coordinates, NAD83 Responded by: Bill Schmidt - 6/13/24 5:03 PM The drawings are on NAD83, State Plane Coordinates. Resolved 8 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please verify that the locations of existing utilities with top of curb and invert elevations, pipe sizes, and direction are shown Responded by: Bill Schmidt - 6/13/24 5:04 PM Locations and measurements per survey are represented on a ACAD base drawing used in the preparation of the construction documents. Resolved 9 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please verify that all existing culverts, pipes, and bridges on existing drives or under the roadway are shown indicating size, type, and invert elevations Responded by: Bill Schmidt - 6/13/24 5:05 PM Locations and measurements per survey are represented on a ACAD base drawing used in the preparation of the construction documents. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00082 SU Lucas private baseball field Workflow Started: 5/10/2024 11:00:13 AM Report Generated: 06/27/2024 09:47 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 10 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please verify that the locations of all existing electrical power vaults, transformers, power lines, gas lines, television cable , and telephone lines are shown Responded by: Bill Schmidt - 6/13/24 5:05 PM Locations and measurements per survey are represented on a ACAD base drawing used in the preparation of the construction documents. Resolved 11 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please provide all on-site and off-site flood routing through the site Responded by: Bill Schmidt - 6/13/24 5:06 PM The flood routing is represented on C600. Resolved 12 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please show the 100-year elevations of all inlets in the clogged condtions Responded by: Bill Schmidt - 6/13/24 5:06 PM There are no proposed surface inlets to clog. The emergency spillway design assumes the control structure does not discharge, 100% clogged. See stormwater technical report. Resolved 13 1 Engineering Alex Jordan 5/15/24 2:01 PM Library Comment Please provide the finished floor elevation, minimum flood protection grade (MFPG), and minimum lowest adjacent grade (MLAG) elevations of the existing building Responded by: Bill Schmidt - 6/13/24 5:06 PM See sheets C101, C102, C200, C300, C600, and L100. Resolved 14 1 Engineering Alex Jordan 5/17/24 9:54 AM Changemark Please place erosion control blanket on the bottom of the dry detention as well C102 STORMWATER POLLUTION PREVENTION PLAN PHASE II.pdf Responded by: Bill Schmidt - 6/13/24 5:07 PM See sheets C102 and C300. Resolved 15 1 Engineering Alex Jordan 5/17/24 9:56 AM Changemark Please place a rock horseshoe check dam around this structure C102 STORMWATER POLLUTION PREVENTION PLAN PHASE II.pdf Responded by: Bill Schmidt - 6/13/24 5:07 PM See sheets C102 and C104. Resolved 16 1 Engineering Alex Jordan 5/17/24 10:04 AM Changemark Please provide all critical elevations of the dry detention basin This includes the 10 and 100-year elevations. C600 DRAINAGE PLAN.pdf Responded by: Bill Schmidt - 6/13/24 5:08 PM See sheets C300 and C600 plan views, pond cross- sections on C300, and the Drainage Summary on C600. Resolved 17 1 Engineering Alex Jordan 5/17/24 10:13 AM Changemark Please provide a cross-section for the dry detention basin Please have all critical elevations shown on the cross-section. C602 DRAINAGE PLAN DETAILS.pdf Responded by: Bill Schmidt - 6/13/24 5:09 PM See sheet C300 for pond cross-sections. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00082 SU Lucas private baseball field Workflow Started: 5/10/2024 11:00:13 AM Report Generated: 06/27/2024 09:47 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 18 1 Engineering Alex Jordan 5/17/24 12:47 PM Changemark Please reevaluate the SSD connections invert As currently proposed, the SSD ties into the outlet control structure in the sump section of the structure. This would result in the SSD to constantly be inundated with water and possibly allow the water from sump to infiltrate into the ground and clog the SSD with accumulated silt. Please revisit this connection. C602 DRAINAGE PLAN DETAILS.pdf Responded by: Bill Schmidt - 6/13/24 5:09 PM See sheets C300 and C600 for revision to 6" SSD from pond bottom discharging downstream gravity outlet with no connection to the pond control structure. Resolved 19 1 Engineering Alex Jordan 5/17/24 12:47 PM Changemark The material type for the SSD is incorrect on the these details Please call out the SSD as HDPE rather than PVC. C602 DRAINAGE PLAN DETAILS.pdf Responded by: Bill Schmidt - 6/13/24 5:10 PM See revised plans for correction. Resolved 20 1 Planning & Zoning Angie Conn 5/21/24 3:09 PM Comment The Comprehensive Plan shows this stretch of Ditch Rd. to be in a conservation corridor, as it relates to the Thoroughfare Plan. A multiuse path exists along the west side of the street. Info Only 21 1 Transportation Systems David Littlejohn 5/23/24 12:56 PM Changemark Conservation Corridor - page 56 The purpose for the conservation corridor in the comprehensive plan is to provide guidelines and priorities for when City-funded changes are being planned or designed (page 56). Private projects are required to comply with the City's transportation plan per section 1.07 of the City's UDO. Revise the plans to include the required 10' multi-use path along this property's public right-of-way frontage. You may elect to provide a monetary commitment equal to the value to otherwise design and construct the improvements along the roadway frontage. If you choose to provide a commitment in lieu of constructing the sidewalk, please work with the Engineering Department to determine the appropriate commitment amount to fulfill this requirement. PZ-2024-00082 List of items not submitted (with explanation).pdf Responded by: Michael A Lang - 6/17/24 9:56 AM Neither the UDO nor the Comprehensive Plan requires any type of trail, path, or other improvement to be installed along the right-of-way or for there to be a change to the street typology. On the comprehensive plan website, Ditch Road is listed as a “Collector Street Per NOAX agreement”. No required street typology is listed for such a designation and, as such, Petitioner is not required to upgrade to a certain street typology (or make a financial contribution in lieu thereof). Even if the UDO or the Comprehensive Plan required such an installation or payment in lieu thereof, such a requirement would violate the United States Constitution and the Constitution of the State of Indiana. See Dolan v. City of Tigard, 512 U.S. 374 (1994). Under Dolan a “city must make some sort of individualized determination that the required dedication is related both in nature and extent to the proposed development's impact.” Id. at 375. No such determination has been made here, nor could one be made given that this project will not impact traffic on Ditch Road in any material way. Info Only Plan Review - Review Comments Report Project Name: PZ-2024-00082 SU Lucas private baseball field Workflow Started: 5/10/2024 11:00:13 AM Report Generated: 06/27/2024 09:47 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 22 1 Vectren Energy Chad Miller 5/24/24 9:42 AM Comment Please spot and verify the depths of the existing gas services when working around them. Info Only 23 1 CrossRoad Engineers Willie Hall 5/31/24 2:02 PM Changemark 102.02.v the construction plans shall have an Existing Project Site Layout C001 TITLE SHEET.pdf Responded by: Bill Schmidt - 6/13/24 4:44 PM C101 Title sheet has been updated with site layout. Resolved 24 1 CrossRoad Engineers Willie Hall 5/31/24 2:05 PM Changemark 102.02.xi.d the grading and drainage plan shall include the delineation of all proposed land disturbing activities, including off-site activities that will provide services to the project site. C300 GRADING PLAN.pdf Responded by: Bill Schmidt - 6/13/24 4:45 PM See the grading limits delineated on sheets C300 and C600. Resolved 25 1 CrossRoad Engineers Willie Hall 5/31/24 2:06 PM Changemark 102.02.xi.g & 303.7 Please include 100-yr clogged condition flood routing. C300 GRADING PLAN.pdf Responded by: Bill Schmidt - 6/13/24 4:46 PM The only clog condition for consideration is at the pond control structure. Emergency overflow was computed as 0.4' depth. Show on revised C600 Resolved 26 1 CrossRoad Engineers Willie Hall 5/31/24 2:06 PM Changemark 102.02.xi.h the grading and drainage plan shall indicate as to the system being public or private. C600 DRAINAGE PLAN.pdf Responded by: Bill Schmidt - 6/13/24 4:47 PM The revised plans indicate private drainage infrastructure. Resolved 27 1 CrossRoad Engineers Willie Hall 5/31/24 2:11 PM Changemark 102.02.xi.m Please also include a summary of the southern basin to verify no-net increase for that outlet as well. C600 DRAINAGE PLAN.pdf Responded by: Bill Schmidt - 6/13/24 4:47 PM See the Drainage Summary on C600 and the revised stormwater technical report for the project. Resolved 28 1 CrossRoad Engineers Willie Hall 5/31/24 2:12 PM Changemark 102.02 Please include existing FFE and MFPG/MLAG from pond. C600 DRAINAGE PLAN.pdf Responded by: Bill Schmidt - 6/13/24 4:49 PM See sheets C101, C102, C200, C300, C600, and L100. Resolved 29 1 CrossRoad Engineers Willie Hall 5/31/24 2:27 PM Changemark 201.03 Unless other supporting documentation is provided, the artificial turf area shall be considered a CN of 98. Likewise, the infield clay shall be considered at the appropriate CN versus "Good Condition Open Space". It does not appear that the concrete pads for the dugouts were considered for either watershed, please revise. W230487 Drainage Report 2024.05.07.pdf Responded by: Bill Schmidt - 6/13/24 4:49 PM See Drainage Summary on C600 and the revised Stormwater Technical Report. CN adjusted for dugouts and 0.6 Ac. of infield draining to the north pond that is artificial turf. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00082 SU Lucas private baseball field Workflow Started: 5/10/2024 11:00:13 AM Report Generated: 06/27/2024 09:47 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 30 1 CrossRoad Engineers Willie Hall 5/31/24 2:30 PM Changemark 102.03 Please summarize the outlet control orifices, stored volume, and drawdown time(s). W230487 Drainage Report 2024.05.07.pdf Responded by: Bill Schmidt - 6/13/24 4:50 PM See revised Stormwater Technical Report, the drawdown of the pond is 43-hour from the time discharge into the pond begins. Resolved 31 1 CrossRoad Engineers Willie Hall 5/31/24 2:33 PM Changemark OCS The outlet pipe should be at or lower than the underdrain elevation. C602 DRAINAGE PLAN DETAILS.pdf Responded by: Bill Schmidt - 6/13/24 4:51 PM Design change eliminates the pond SSD from entering the control structure. Resolved 32 1 CrossRoad Engineers Willie Hall 5/31/24 2:33 PM Changemark 302.06.6 Debris Guard designed in accordance with Hamilton County Surveyorâ??s Office Standard Detail D-12 shall be provided for any pipe or opening, and the detail of such shall be included in the construction plan details C602 DRAINAGE PLAN DETAILS.pdf Responded by: Bill Schmidt - 6/13/24 4:51 PM Note HCDB D-12 Debris Guard for str. 497, Animal guard at the SSD outlet into the pond. Resolved 33 1 CrossRoad Engineers Willie Hall 5/31/24 2:39 PM Changemark 701.01 The City of Carmel requires that all water leaving a site shall be treated by a stormwater quality management system consisting of a minimum of two different BMPs. Unless third party testing is provided, the City does not consider artificial turf fields a BMP. W230487 Drainage Report 2024.05.07.pdf Reviewer Response: Willie Hall - 6/18/24 3:29 PM The City will not consider the artificial turf as a BMP. Per direction from Engineering, this project will only be required to provide one BMP in the form of the dry detention basin. ---------------------------------------------------------- Responded by: Bill Schmidt - 6/13/24 4:53 PM The BMP function provided by the artificial turf is a filtering system as it reduces/traps the movement of sediments and debris through the surface connection with the turf. Stormwater passes on through the turf to the stone below for routing to the SSD system and discharge into the detention pond. Debris is collected through routine yard maintenance. Sweeping of the turf is per the manufactures specifications for maintenance. The second line of treatment is the dry detention pond. Resolved 34 1 CrossRoad Engineers Willie Hall 5/31/24 2:40 PM Changemark 302.8.1 provisions shall be incorporated into facilities for complete interior drainage of dry bottom facilities, including a minimum 1% bottom slope in all directions if tile underdrains are provided and a minimum of 2% if no underdrains are provided. A positive/gravity outlet is required for the underdrains in all dry-bottom detention facilities. C600 DRAINAGE PLAN.pdf Responded by: Bill Schmidt - 6/13/24 4:54 PM The bottom of the private pond is designed with1% slope including a 2' wide 6" SSD system. Resolved Plan Review - Review Comments Report Project Name: PZ-2024-00082 SU Lucas private baseball field Workflow Started: 5/10/2024 11:00:13 AM Report Generated: 06/27/2024 09:47 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 35 1 CrossRoad Engineers Willie Hall 5/31/24 2:40 PM Changemark 302.08.2 for residential developments, the maximum planned depth of stormwater stored shall not exceed four (4) feet. C600 DRAINAGE PLAN.pdf Responded by: Bill Schmidt - 6/13/24 4:59 PM For disturbed area design the peak stage does not reach the 4' depth, with the off-site the stage is between 4 to 4.5-ft. for 30 minutes in only the 100-year design storm event. Resolved 36 1 Hamilton County Surveyor Samuel Clark 6/7/24 3:23 PM Comment Please submit an outlet connection permit for the indirect connection to the Williams Creek Regulated drain. Info Only 37 2 Engineering Alex Jordan 6/26/24 9:26 AM Comment We have no further comments on the plans. Before we can issue a stormwater management permit, the following items will need to be submitted: 1. A signed and recorded O&M manual 2. A stormwater engineers estimate breaking down the cost of all temporary and permanent stormwater measures 3. A non-expiring stormwater performance bond for 100% of the approved estimate 4. A completed drainage easement agreement with exhibit and legal description 5. A right-of-way permit application and $5,000 license and permit bond Info Only PZ-2024-00082/11303 Ditch Road/TAC review Jessalyn Barr <jbarr@paganelligroup.com> Wed 5/15/2024 4:41 PM To:Keesling, Rachel M <rkeesling@carmel.in.gov>;Conn, Angelina V <aconn@carmel.in.gov>;Lopez, Alexia K <alopez@carmel.in.gov>;Jordan, Alex <ajordan@carmel.in.gov>;Hohlt, William G <whohlt@carmel.in.gov>;Duffy, John M <jduffy@carmel.in.gov>;Stewart, Jason J <jjstewart@carmel.in.gov>; Jellison, Ryan D<rjellison@carmel.in.gov>;Krueskamp, Theresa A <tkrueskamp@carmel.in.gov>,Jason.lemaster@hamiltoncounty.in.gov <jason.lemaster@hamiltoncounty.in.gov>;steve.creech@charter.com<steve.creech@charter.com>;damon.davers@duke-energy.com <damon.davers@duke-energy.com>;dan.davenport@aes.com <dan.davenport@aes.com>;rodney.johnson@aes.com <rodney.johnson@aes.com>; troy.yackle@energytransfer.com <troy.yackle@energytransfer.com>;marc.hill@metronetinc.com <marc.hill@metronetinc.com> Dear TAC Members: This message is sent on behalf of Mike Lang from Paganelli Law Group and he is CCU Please direct your future questions and correspondence to Mr. Lang. We filed an application today for a special use to put in a private baseball field at 11303 Ditch Road. Petitioner requests approval to install a private recreational facility, namely, a baseball field with an artificial, but permeable, surface for the infield, netted backstop and dugouts for the private use of the Petitioner and Petitioner's family and guests, and, in any event, without any monetary remuneration. There will be no scoreboard, lighting, or sound system. Existing nearby parking and comfort facilities will be utilized. We've been advised that this request will not be discussed at TAC meeting and were asked to send this email. All of the plans can be found at this link These are also in the ProjectDox system. Please let me know if you would like paper copies and we will get those to you. We appreciate your review and comments. Mike Lang PAGAN ELLI LAW C ROU P ATTORNEYS AT LAW Mike Lang Attorney at Law 10401 N. Meridian St., Suite 450 Indianapolis, IN 46290 Tel: 317/550-1855 Direct: 317/766-9701 Mobile: 317/408-6746 Email: mlangLapaganelligroup.com Web: www.paganelligroup.com Jessalyn Barr Wagner PACANELLI LAW CROUP ATTORNEYS AT LAW Jessalyn Barr Law Clerk 10401 N. Meridian St., Suite 450 Indianapolis, IN 46290 Tel: 317/550-1855 E-Mail: jbarr@paganelligroup.com Web: www.paganelligroup.com _ flinIy. This message may contain information that is attorney -client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. Cross Reference to Prior Deed of Record: Instrument No. ______________, in the Hamilton County, Indiana Recorder’s Office DRAINAGE 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; . RECITALS A. Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Grantor Parcel”) located in Hamilton County, Indiana, B. Grantee, in connection with Grantee’s \[describe improvement/construction of ________\] (the “Project”), requires a drainage easement over a portion of the Grantor Parcel (herein referred to as the “Easement Area”). This Easement Area is more particularly described and depicted as follows: See Exhibit A attached hereto and incorporated herein by this reference. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grants of easements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive, perpetual easement over, under, through, across and upon the Easement Area for the purpose of drainage over, under, across, upon and through the Easement Area, for and pursuant to which easement Grantee shall have the right to make such alterations and improvements to the Project improvements as Grantee deems may be necessary or useful (the "Easement"). 2. Obligations of Grantee. Subject to the terms described in Paragraph 1 hereof, and the Project improvements on the Easement Area, Grantee shall restore the Easement Area, to the extent practicable, to the condition as existed prior to the commencement of the Project, or maintenance, repair, or replacement thereto. Grantee shall install, maintain, repair, replace and service the Project improvements at Grantee's sole cost and expense. In the event the Grantee, its employees, or contractors are required to come upon the real estate contained in the Easement Area to replace, restore, or clear any drainage structures, ditches, drains, or swales contained therein, the Grantee shall only be liable to restore the Grantor’s real estate to its previous grade, and to reseed and undertake erosion control measures as are required by 327 IAC 15-5, as amended. Grantor shall allow access to the Easement Area and surrounding area for any required maintenance, repair, replacement, service and updates. 1 3. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the right to use the Easement Area for any and all purposes and uses not inconsistent with the foregoing Easement and/or Grantee’s rights and privileges thereunder. 4. Obligations of Grantor. Grantor shall keep the Easement Area free of any and all fences, structures, asphalt, gravel, concrete and/or other improvements or impediments other than those installed by the Grantee. Grantor shall not block, impede or interfere with the Project improvements and Easement Area or Grantee’s access thereto. Grantor shall make adequate provision for the proper drainage of surface water over and across Easement Area and surrounding area. 5. Easement and Covenants Appurtenant. The Easement granted, created and made herein, together with the benefits and privileges thereof, shall run with the Grantor Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The Easement granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Easement Area and the Grantor Parcel, as applicable, shall run with the Easement Area and the Grantor Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may further exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and reasonable attorneys’ fees). 6. Environmental Matters. The Grantor covenants and represents that to the best of its knowledge, information and belief, that the Grantor Parcel is not presently the subject of, nor under the threat of, any federal, state or local environmentally related lien, proceeding, claim, liability or action. The Grantor agrees that, as between the Grantor and the Grantee, the acceptance of this Agreement by the Grantee shall not increase the liability of the Grantee for environmentally related claims arising from or related to conditions on the Grantor Parcel prior to the acceptance of this Agreement. 7. Jurisdiction. The Grantor and the Grantor agree that any litigation associated with or arising from this Agreement shall be filed with a court of competent jurisdiction within the State of Indiana. 8. Other Obligations. The Grantor agrees that this Agreement shall not transfer to the Grantee any past, present or future obligation(s) of the Grantor to be responsible for, or to pay, any tax, assessment, or fee whatsoever that is associated with or related to the Grantor Parcel. 9. Amendment. The Grantor and the Grantee agree that this Agreement shall only be modified or released by the express, written consent of both the Grantor and the Grantee. Said consent, when duly recorded, shall run with the real estate. 2 10. Complete Understanding. The Grantor and the Grantee agree that this Agreement, and the documents incorporated herein, represent the entire understanding between the Grantor and the Grantee as regards the subject matter hereof. 11. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana, except for its conflict of laws provisions. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR By: Printed: Title: STATE OF INDIANA ) ) SS: COUNTY OF ___________ ) Before me, a Notary Public in and for said County and State, personally appeared ______________, the Grantor, and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this _____ day of _________________, 20___. My commission expires: Notary Public I am a resident of County, Indiana Printed Name 3 GRANTEE CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ Sue Finkam, Mayor Date: __________ ________________________________________ Laura Campbell, Member Date: ____________ ________________________________________ Alan Potasnik, Member Date: ____________ ATTEST: ________________________________________ Jacob Quinn, Clerk Date: ____________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Finkam, 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 4 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Laura Campbell, 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 Alan Potasnik, 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 5 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Jacob Quinn, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk 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 This instrument was prepared by Sergey Grechukhin, Transactions Chief, City Hall, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number in this document, unless it is required by law. Sergey Grechukhin 6