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Home My WebLink AboutPacket 2-03-09 u I -'-~Z'i " r~; yd'" Supporting Data -lake/and SUbdiV'i'~!Qi11!~:\ 2006-0120 -lakeland Subdivision, December 2,2008 : r ~ Contents Site Aeri al - Exi sting Adjacent Uses---------------------------------------__________h_______~----------------------- Location Map-------------------------------____________________________________________~----------------------~ Tho rou 9 hfa re Map --------- ----- -------------- ----------------------------- --------- --------- ----1--- ________________ _____ Ex; st i ng Zo n i ng Ma p - ------------------ --------------- -----------------_ ______ -__________________J__ ____________ ____ ______ Existing Water Shed Boundary Map --------------------------------------___________________1_______________________ Site Lan d sea pe PI a n ---- -------------------------------- ------------______________________ ___ ____~------------ _____ _______ . I I Primary Plat -----------------------------------------------------------------------------------------------------------------c, . I Arch iteet u ra I PI a n ------- -------------- ---- ------------------------- ---- ---------- -----------______J___ ----- -----------_____ H . I C;ovenants ------------------------------------------------------------------------------------------J-----------------________1 U I Ea se me nts --- -------------- ----- ------------------ --------------- --------- ----------------------- -------- ---------____ -------J Pri ma ry Sto rmwater Po II ution PI a n _____u____________________________________________________L-----------------------K Water and San ita ry An al ysi s -------------------------------------------------------------------L----------------------L I Storm Ora inag e Su m mary Repo rt ---------------------------------------------------T----------------------- M I u ~Q~m Desij1ft-ers~En9;nesrs$u,.'feyo,.8 5tH s. 9th SIi'Qot~ Sullo '00 Nub/o~tlmd IH 4&060 PhQ-f1oi 317.770.1&01 FiJiH3f7.770.1-tS21 TcU FrlM: '.888.BOI.&'55 ;",.,...... 'I .',d,'" 1H.:.rrl,i::;. /~).,.{' Thursday, ~anuary 08. 2009 :..J Supporting Data - lakeland Subdivision 2006-0120 - Lakeland Subdivision, December 2.2008 Site Aerial - ExistinQ Adiacent Uses ..; D NORTH -.J DS DEl30Y UlND DEVELOPMENT SERVICES .- _ e Des gner'lJ-Englneerff-Sul'1feyors so, s. g", sr,..." Sui'. fOCI NoI>N."'IU. IN 46DfJO ""OIN: 3~7.T7IJ.fBO" F..: 3"7. 770..,S:21 Tall ~,...: 1.."..Ol..6S5 1i'-7'"Y 'I..... .:d.U~~.; Tuesday, December 02, 2008 .".J Supporting Data - Lakeland Subdivision L .,,,", 2006-0120 - Lakeland Subdivision, December 2, 2008 I ~;~. '~ 1-." 11 ~ Location Map 1 ',,,~\ (i' 1 ( .J 1 I~ -I (, -- ''"4. :,,1 -'~\ \~ \ '~' - i<) \o.<~' /\.~...... } (~ \1 ")'1) ~1:'c\\ \ri\'l '\_,;..-,,' I .. ii",.j,"t.-lr.i.._\,.~:/ \ ,\ . 7~l r ~~.r--'-riQ;J ii', I.. il: r- 1.1 \' --/ ~ -r. I~r.,:~, ~~' \r. ,Ii:, I, ( b r 1 r'::" ~'J I ~ J l---']~: \~ /,($" ~.t,,:"'_ i\ \ ii! ;11 ]f/j\ L",~.~)~ // J ) !;.:/ I( 'LJ ,. l\..,. 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I' I~; ~i 'ill It@ll J ~ 1};~~;~~'~'l'll . ~'..)\ - "<;...#~ ~ ~ l~ ~'I ,JJ t~___~.lr?~1eitL!1 :~J(cpl~~t\,.~~-' ,,'- ---l~r'~:~:: ~ -11 J /;/,0.,1'.. (/\ \ ,,~, ,;\ / I tl! Ill.!I,~ ,," './ l- ~\ \~\ <;: )1 (r," --=-c;~ jl ~ '"\. J !C l.3r ~I . --2~>f '';~ J . -If, li~~-'CL'/) J I'~I. :t) (- ~ !~ -~I I I I~ /C<r _3 (/ '] ~l:m I , II 1~ I, -, t I 11=: I LI D NORTH v Tuesday, December 02, 2008 . ...J Supporting Data - Lakeland Subdivision .. 2006-0120 - Lakeland Subdivision, December 2,2008 I 141&t Street i '( I b -r :J-8 _-..__...J:__ ~ ' I ThorouQhfare Map uJ .. ~ :J.. Recommended Mirimum Geometric Design Standards ......,.." I...... """"-' ElGl'Ilng (M1>d""L~ -- 9n<< r_ I!lAIor CloinIbtb1 PCN 0Ib0 & PIIIW <In..SnoI Porl<rQ I'Iontr(jI - AUf .oa 1(12') No No Nono Yes No - -....SIreollMo (I) .oa 2 (22) No No None V"" No - ~_"'nol(2l .oa 2 (2ll) V.. See All' On> Sldo Of"! VII No - - - __""'-131 rn 2 (30) V... See AlP Ore SIclo Oft( VII No - -- ~or_ eo' , (48) V.. :so. 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Existina Water Shed Boundary Map ~ -L.J IJ,..,L1-.L ~. · I I I · III I I I I ~ --" I I .-- : TA ~ ~~ ~'l S,~.~t~ =:::::: I~' ~ II ~ ill?fr.1 ~~ N--- "l \ v.?~ II ~(2l~6-I5o~ -0..Lr -IJ- "I ~ v-- t'" T ~ / t ~ ~ ~ ..1' -- .J ~ '^ '\.-^ ~,.:,n.EE;\, ~ED -T ......~ ;J~~~. ~~ r--- *n ) . ~ ~~1\)('). ~ ~ ('> '~M. rr" 0'1..: J I 1"1>>( ~ c..: ~ . ~~\;~;:~ SITE { ""'" ~.J2'f" 1>' ~ w ...... -j-' JI~ . ~\ --' ~..Y I I \} \ [I I _ q ,_" T 7~ X,,;jf.t: 1 T ~~ j;?- ~ ~ /If\\. f. ~~~~E FARM ~ S [)'\ m HI SHED#243 r-1l a "'\, ^\ '/ T Y)/ ~ I I ~ AJ'/ T T;+ T 7-"~~'"'~ ~ ~.. -~. ~ I . / ';;t.P.I"J''J~ft~n~ t:'.'Jyr:lJ ..:!I1fJhl, I-- r= r~ r >1~ ~Y/h-- 1 r-.!J ~ ~~JX~\ D NORTH ~ Tuesday, December 02, 2008 ~ ! ! J ..J I " I ~~ ='''' 00 ~~ ~~~~ IIIII~ I I 6"- ..' IIII I i~ a .", 'I' , I'" - .... t22 -Cl ~~ (f> i5 rn .... ~ ~ i5 z z I I 1 ~ tFi ~ ;0.. m;o ~ I i i i i ~ <no ~~ ~ i ~li ~ Il[~] = U"l! . ! III ARCHITECT ......____.. .....-..uL__n "'~'~_"""'-,"''''''"- .J USE RESTRICTION AGREEMENT This Use Restriction Agreement ("Agreement") is entered into this / f- day of September, 2008, by and between Claridge Farm Homeowners Associatilln, Inc., an Indiana corporation (the "Association"), and Christian Browning ("Browning"), Recitals: WHEREAS, on even date herewith, Bro\\iTIing and the Association have entered into the Grant of Access Easement (the "Easement") ; and WHEREAS, in partial consideration for the Association entering into the Easement, Browning has agreed to subject certain property located in the City of Carmel, Hamilton County, Indiana, consisting of approximately 7.5 acres, as described in Exhibit A attached hereto and made a pmi hereof (the "'Real Estate"), to the restrictions below, .) NOW, THEREFORE, the Association and Browning, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the partie::;, agree as follows: Agreement: 1. The Real Estate shall not be subdivided into more than one (1) lot owned by one owner; nor shaH more than tlu'ee (3) residences and one (I) freestanding bam/garage be located on the Real Estate. ..) ') The Association acknowledges that Browning intends to install a driveway from Clay Center Road to the western part of the Real Estate to provide access to residences to be constructed on the Real Estate to and from Clay Center Road (the "Driveway"). Browning agrees neither the Driveway nor any structures to be built on the Real Estate shall be within fifty (50) feet of the north property line of the north line of the Claridge Farm subdivision as generally shown on Exhibit B a1lached hereto and made a part hereof (the "North Property Line"); provided, however, the foregoing shall not limit the construction of residences located on or within ten (10) feet of the location of the "Kirby Homestead," as formerly existed on the Real Estate and as generally depicted on Exhibit B. Browning agrees not to remove the existing trees located between the Dllve"\vay and the North Property Line except as is consistent with good forestry practice including when due to disease or overgrowth. In addition, Browning agrees to screen the Driveway with evergreen trees, with a density of not less than one (1) tree for every twenty-five (25) feet, wherever the Driveway is located within seventy-five (75) feet of the North Property Line and is not adequately screened by existing trees located between the North Property Line and the Driveway. II L ..J. 3. The obligations hereof shall burden and run with the Real Estate and shall be binding upon Browning and his successors and assigns as the owner of aU or part of the Real Estate. 4. The restrictions set forth herein shall run to the exclusive benefit of the Association and for no other party. In the event of a breach of these restrictions, the Association shall be entitled to all legal and equitable remedies available under law or at equity and, in the event that any legal action must be filed to enforce the restrictions set forth herein, the Association shall also be entitled to recover its reasonable attorney's fees from Bro\vning. TN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above ""Tinen. Claridge Fa.om Homeowners Association, Inc. ::TZd c: td-HY: R.w- ~ ~ William W. Wales. Vice President Robert Smith, President .J STATE OF INDIANA ) ) ss: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the above COW1ty and State, personally appeared Robert Smith and William W. Wales, the President and the Vice President, respectively, of Claridge Fan11 Homeowners Association, Inc., an Indiana corporation, who acknowledged the execution of the foregoing Use Restriction Agreement on behalf of said corporation, and who, having been duly sworn, stated that any representations contained therein are true. .. ~-- ro. ,',\ WiTNESS my hand and Notarial Seal this - 'r--I-Q~Y O~}\f\l. ~~2008. .. . ~ S:=:' NotaryPutltJ-~ ~~ ~ Printed: \:::::6 ['..;0.. 2"'--..... '^ 0 (\ '\\\~ r \ ~, (\ County, Indiana. \ My commission expires: ~ l~ . ( "t\ ~ () y:; [SEAL) I am a resident of ,). .... -,,;.- u STATE OF INDIANA COUNTY OF r~ \C\. ( l ~ tj'i ) ) S8: ) Before me, a Notary Public in and for the above County and State, personally appeared Christian Browning, who acknowledged the execution of the foregoing Use Restriction Agreement, and who, having been duly swom, stated that any representations contained therein are true. WITNESS my hand and Notarial Seal this '-7 day of September, 2008. ~- -----..., , ~S~~ Notary /ubtiC"') ~ '. Printed: ~l"'( \) 1\ a ~ Y'- () Y\ I am a resident of V~'\o : (IJ ,1\ COlUlty, Indiana. to-I)s--Ot' [SEAL] My commission expires: , .) I affirm, under the penalties tor perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Mark Sausser This instrument was prepared by, and after recording return In, Mark Sausser, Attorney-at-Law, Baker & Daniels LLP, 300 North Meridian Street, Suite 2700, Indianapolis, Indiana, 46204 J -3- ( , w Exhibit A LEGAL DESCRIPTION - REAL ESTA TE .J J Exhibit A, page 1 of 1 u Exhibit B DEPICTION - KIRBY HO\1ESTEAD ~ J Exhibit B, page 1 of 1 ~. recorded Cross-referenced to: Instrument No. . ,_ in the office of the Recorder of Hamilton County, Indiana (Grantor Tracl) Instrument No. ; recorded in the office of the Recorder of Hamilton County, Indiana (Grantee Tract); and instrument No 9030999, recorded December 18, 1990 in the office of the Recorder of Hamilton County, Indiana (Declaration) GRANT OF ACCESS EASEMENT THIS GRANT OF ACCESS EASEMENT (the "Grant"), made this If-' day of September, 2008, by Claridge Farm Homeowner's Association, Inc., an Indiana corporation ("Grantor"), and Christian Browning. ("Grantee" and collectively with Grantor, the "Parties"), WITNESSETH: Recitals J WHEREAS, Grantor owns in fee simple certain real propeny located in Hamilton County, Indiana, which is more particularly described on Exhibit A, attached hereto and incorporated by reference herein (the "Easement Area"). The Grantor Tract was conveyed to Grantor by a deed recorded , as Instnul1ent No. , in the office of the Recorder of Hamilton County, Indiana; WHEREAS, Grantee owns in fee simple certain real property adjacent to the Easement Area containing approximately 2.5 acres, more particularly described in Exhibit B, attached hereto and incorporated herejn (the "Grantee Tract"). The Grantee Tract was conveyed to Grantee by a deed recorded . 200_, as Instrument No. , in the office of the Recorder of Hamilton County, Indiana; ~ WHEREAS, the access to and from the Grantee Tract and Chyverton Circle ("Street") will be via a driveway to he constmcted on the Easement Area, \VHEREAS, Grantee desires the right to locate utilities in the Easement Area, and to enjoy the right to use all roadways and easements located within "Claridge Fann" as such tenn is defined in the Declaration of Covenants and Restrictions for Claridge Farm, dated December 1 7, 1990 and recorded December 18, 1990 as Instrument No. 9030999 in the Office of the Recorder of Hamilton County, Indiana, as amended by the First Amendment to Declaration of Covenants and Restrictions, dated November 10, 1996 and recorded November 22, 1996 as ~ . C1 J u Instrument No. 9609649188 in the Office of the Recorder of Hamilton County, Indiana, as amended by the Second Amendment to Declaration of Covenants and Restrictions, dated September 17, 1997 and recorded October 29, 1997 as Instrument No. 9709746087 in the Office of the Recorder of Hamilton County, Indiana, as amended by the Third Amendment to Declaration of Covenants and Restrictions, dated June 11, 2007 and recorded June 16, 2007 as Instrwnent No. 2007033889 in the Office of the Recorder of Hamilton County, Indiana (the "Declaration"), subject to the limitations below. All capitalized terms in this Grant not otherwise defined herein shall have the same meaning as set forth in the Declaration; WHEREAS, the Grantor agrees to grant to Grantee a non-exclusive access and utility easement on, over and across the Easement Area, for the purposes of providing Grantee, its grantees, successors and assigns with pedestrian and vehicular access to the Street and certain rights with regard to the easements and common areas in Claridge Farm; WHEREAS, the Grantor agrees to grant to Grantee a temporary construction easement for the purpose of completing the driveway; NOW, THEREFORE, in consideration for the terms and provlslOns set forth herein, Grantor hereby grants the following easement to Grantee, on the following terms and conditions: u Section 1. Grant of Non-Exclusive Access Easement Grantor bereby grants, creates and makes a perpetual and non-exclusi ve access easement to and for the benefit of the Grantee Tract, Grantee and Grantee's successors and assigns, over, on and across the Easement Area (the "Easement"). The Easement and all rights in and to the Easement are appurtenant to the Grantee Tract and declared, created and made for the purposes of providil1g the Grantee Tract and Grantee, its invitees, contractors, employees and agents, and its grantees, Sllccessors and assigns with pedestrian and vehicular access to and from the Grantee Tract and the Street over a concrete driveway, 12 feet wide, to be constructed over the Easement Area, as the same is now or hereafter located (the "Driveway"). u Section 2. Easement Rights. Grantee shall have access to the Easement Area to do all acts and things prudent or necessary for the full enjoyment of its rights and for the satisfaction of its obligations under this Grant, including, without limitation, its maintenance obligations under the Grant. Prior to construction of the Driveway, the location of the Easement Area may be revised upon the request of the owner of the Grantee Tract or Grantor, subject, in either case, to the approval of the other party, such approval not to be unreasonably withheld. The Driveway (but not the remainder of the driveway on the Grantee Tract) must be concrete. The Driveway shall be maintained by the owner of the Grantee Tract in a ffimUler similar to that of the other driveways in Claridge Fann. The owner of the Grantee Tract shall maintain liability insurance for the Driveway at all times and, upon the written request of Grantor, provide evidence of the same. Grantor shall have rights and remedies available which are similar to those that it has under the Declaration, in the event that the owner of the Grantee Tract fails to maintain the Driveway as required herein or fails to maintain the required insurance. Grantor hereby expressly permits the Easement to be used for pedestrian traffic and for golf cart or similar non- road ready vehicular accesS by the real estate located to the east of the Grantee Tract and west of Clay Center Road, which real estate is currently owned by Browning and is more particularly described on Exhibit C, attached hereto and made a part hereof (the "Browning Parcel"). Grantor -2- g;r;p.n1 ~f u grants such rights to Brown.ing, as the owner of the Browning Parcel, as to his successors and assigns; such rights shall expressly exclude normal car, truck and similar vehicular traffic. If so requested by Browning, a direct easement for this use shall be granted by the Association in favor of the Browning Parcel, so long as all costs related thereto are reimbursed or paid for by Browning. Section 3. Driveway Constll.lction and Temporarv. Construction Easement The Driveway shall be constructed in accordance with applicable laws. Grantor hereby grants to Grantl;;c a temporary casemenllo enter upun and u:se those portions of its real estall;> adjacent to the Easement Area which are located within fifteen (15) feet of the Easement Area for the purpose completing the qmstruction of the driveway (the Temporary Easement). The Temporary Easement shall terminate upon the earlier of the completion of the Driveway or December 31, 2013. Grantee shall be responsible for repairing any and all damage to the Temporary Easement area and restoring the same as nearly as practicable to its condition existing prior to the commencement of such work. u Section 4. Easement Fee. In .considcration for Grantor's grant of the Easement, Grantee shall pay the sum of to Grantor, the receipt of which is hereby acknowledged. .In addition, Grantee shall reimburse Grantor for its reasonable attorney fees related to the preparation of this Grant. As additional consideration, Grantee has also agreed to certain other restriction.s to be placed on the Browning Tract pursuant to a recorded agreement burdening the same and running in favor of thc Grantor entitled Use Restriction Agreement, dated even herevrith. . Section 5. Additional Rights. Without limiting the rights generally available to the owner of the Grantee Tract, they, together with their immediate family and up to four (4) guests, shall have the rigbt to use all Common Areas, as such defined in the Declaration, including the swimming pool, club house and similar recreational facilities in the same maImer and subject to the same rules of owners in Claridge Farm. In consideration for such use and upon commencement of construction upon the Grantee Tract, the owner of the Grantee Tract shall pay the same quarterly general assessment and such special assessments as are charged to the Owners of Lots in Claridge Farm, and shall be subject to the same collection remedies of the Grantor as described in the Dedaration. Section 6. Mechanic's Liens. The Parties shall promptly discharge (or cause to be discharged) all mechanic's, laborer's, materialmen's, supplier's or vendor's liens arising out of or connected with their respective maintenance, repair and use of the Ea~ement Area, and each shall indemnify and hold the otn.er harmless therefrom. Section 7. Nature of Easements and Rights. The Easements created herein shall be permanent and perpetual, and, together with the obligations, rights and benefits thereof, shall (i) nm with the applicable tract (ii) inure to the benefit of and bind the owner of the applicable tract and their grantees, successors and assigns. Section 8. Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight U courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to -3- }j-r.ant Clf u accept delivery. Each Patty may change from time to time their respective address for notice hereunder by like notice to the other Party. The notice address of the Parties are as follows: Grantor: DtAt1/DGG/?J/l..AJ J/tJ!l7G tt~t1I~/-/S5CJ(!/fi710;tJ C/'/J 6eNrfl... Y /niht//l?&1J1&7'1r /A.~! , '$1~G JL.6VS1QNtf" Ma56/,4) (j..#-;O 2 I~=?~y ~h~fu /Qfd/ . I./(sf ~~t:I Z1fMt~v/ll( ,.~ 'Ita 77 Grantee: u Section 9. Utility Easement. Grantor hereby declares, creates and grants a perpetual non-exclusive utility easement (the '"Utility Easement") in, on, across, under and through the Easement Area, for use by Grantee for the maintenance, repair and replacement of underground lines, cables, pipes and other equipment, tacilities and systems for the purpose of furnishing and distributing electric, drainage, gas, water and sanitary sewer utillty services (the "Facilities") and the right to "tap-in" or C01Ulect to any such utilities in the Street. Grantee shall be responsible, at its sole cost and expense, for the installation of the Facilities on or across the Easement Area. Grantee shall he responsihle for all maintenance and repairs of the Facilities. Upon completion of any repair or maintenance work pem1itted hereby, within and upon the Easement Area, Grantee shall restore the Easement Area as nearly as practicable to its condition existing prior to the commencement of such work. Grantee shall coordinate any repairs or maintenance of the Facilities with Grantor. The Utility Easement shall be included in the defined term "Easement" except where the content of the wording was clearly implied otherwise. Section 10. Use Restrictions. The Grantee Tract is not a "Lot" as defined in the Declaration and, except as expressly set fonh herein, the owner of the Grantee Tract shall have no rights or obligations under the Declaration. Notwithstanding such fact, however, the Grantee Tract shall be subject to the following restrictions: (a) The Grantee Tract shall be used only for residential purposes; home business shall be permitted only to the extent the same are in compliance with all governmental rules, regulatioI1s and ordinances. No more than one (I) residence and one (1) detached bam/garage may be constnlcted on the Grantee Tract. The Grantee Tract may only have one OW11er. (b) The terms of Section II(b) of the Declaration shall apply to the residence on the Grantee Tract. The barn/garage shall consist of no more than 1,500 square feet and shall not be more than 30 feet high. (c) No building or structure (excluding fences) shall be constructed within fifty (50) feet of the 1101ih boundary of Claridge Farm (the "North Property Line"). A bike path and related improvements cOIUlecting the Driveway with the Browning Parcel is permitted within said setback. u -4- ,sr-iHllof u (d) (e) (f) (g) (h) U (i) Section I I (c) of the Declaration shall apply to the Grantee Tract, provided that, during construction, a construction trailer shall be permitted, so long as the same is not within the 50-foot setback as provided in subsection (c) above. Once construction on a residence or structure on the Grantee Tract has commenced, the same shall be completed within eighteen (18) months of the date construction is commenced, subject to force majeure and other events beyond said owner's control. The ovmer shall be solely responsible for all damage to the Common Areas or other property in Claridge Farm resulting from its construction activities on the Grantee Tract or said owner's negligent acts, including, without limitation, damage to the brick pavers at the intersection of Chyverton Circle and North Claridge Way, or elsewhere in Claridge Fanl1, as a result of owner's construction trame. The Grantee Tract shall be subject to Section 14 of the Declaration, including subsections (a) through (j) thereof. No more than five (5) passenger vehicles shall be visible from Chyverton Circle; all other vehicles shall be stored in a garage! barn when not in use. Sections 12( d), (e), (f) and (g) of the Declaration shall apply to the Grantee Tract. No exterior lights shall be maintained as to shine or reflect directly on any Lot in Claridge Fann. The Grantee Tract shall be subject to Section l1(i) of the Declaration and Section l4 (k) of the Third Amendment to the Declaration concerning the mailbox to be placed and maintained next to Chyverton Circle. Section 11. Architectural Review. Any residence, garage/bam or other structure or any fencing to be constructed on the Grantee Tract shaH be subject to review and approval of the Architectural Review Board as defined in the Declaration; provided, however, such approval shall not be unreasonably conditioned, delayed or withheld. In detennining such approval, the Architectural Review Board shall consider as part of the reasonableness of the approval, the distance of the proposed improvement from Claridge Farm and the screening located or agreed to be located between the improvement and Claridge Farm. Any residence or garage/barn on the Grantee Tract located in the area between (i) the 50 foot set back provided in Section 1 0 above and (ii) a line sixty (60) feet north of the North Property Line, shall be screened by landscaping customary tor similar developments. In addition, if approval is not denied hy the Architectural Review Board within sixty (60) days of submission by the owner of the Grantee Tract, which denial shall include a detailed explanation of the reasons for denial, then Grantor shall be deemed to have approved the same. Section 15(i) ofDecJaration shall not apply to the Grantee Tract. Section 12 Breach and A ttomevs Fees. In the event of any dispute with respect to any of the covenants or agreements contained herein, the prevailing party or parties in such dispute shall be entitled to recover from the non-prevailing pw1y or parties in such dispute all costs and expenses, including reasonable attorneys fees, which may arise or accrue from enforcing this Agreement or in pursuing any remedy provided by this Agreement or the laws of the State of u gmnll'lf -5- u u u Indiana, whether such remedy is pursued by filing suit or otherwise. Tn tbe event of a breach of this Agreement by either Pal1y, the non-breaching Party shall be entitled, in addition to those remedies set forth herein, to all rights and remedies at law or in equity. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK, SIGNATURES ON NEXT PAGE] -6- !tranlof u u u IN WITNESS WHEREOF, Grantor and Grantee have duly executed tills Grant on this / q~ day of September, 2008. Grantor: CLARIDGE FARM HOMEOWNERS ASSOCIATION,INC. ~...~ By: " ~ ~ . Robert Smith, President :~E~d-{ t~ William W. Wales, Vice President STATE OF INDIANA ) ) ss: COUNTY OF HAMILTON) Before me, a Notary Public in and for the above Count)' and State, personally appeared Robert Smith and William W. Wales, the President and the Vice President, respectively, of Claridge Fann Homeowners Association, Inc., an Indiana corporation, who acknowledged the execution of the foregoing Grant of Access Easement on behalf of said corporation, and who, having been duly sworn, stated that any representations contained therein are true. WITNESS my hand and Notarial Seal this ~I'l- -""ury of September, 2008. / .-----------, ,,/ ( [SEAL] r ~ ~- Nota,r.y"pif lie .r Printed: .J\r~ . . I am a resident of H 1,).;' 'V"A..J'(X.jv,- County, Indiana. My commission expires: I ()-~ \ '.1(- -0 '6" -7- !CIani Olf u u u Grantee: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the above County and State, personally appeared Christian Browning, who acknowledged the execution of the foregoing Grant of Access Easement and who, having been duly sworn, stated that any representations contained therein are true. WITNESS my hand and Notarial Se5J.Lthis -I-=J.... day of September, 2008. ,\ S~~ NotarY~).1.li~C '(,J C-' Printed: ,s - {\c. CL.-j \f\ ~ r\ f'I , .. I am a resident of ~~\<:,.(, ~ (, County, Indiana. My commission expires: t 0 ~ \ X- ' (.) ~ ( [SEAL] I at1inn, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Mark Sausser This instrument was prepared by, and after recording return to, Mark Sausser, Attomey-at-Law, Baker & Daniels LLP, 300 North Meridian Street, Suite 2700, Indianapolis, Indiana, 46204 -8- sr.am-of u Exhibit A EASEMENT AREA - LEGAL DESCRIPTION u u Exhibit A, page 1 g~.lHU or LJ Exhibit B GRANTEE TRACT - LEGAL DESCRIPTION u u Exhibit B, page 1 Wilm {If u Exhibit C BROWNING PARCEL - LEGAL DEseRI PTION u u Exhibit C, page 1 grant aT' .J J J LAK.ELAND SUBDIVISION 12650 CLA Y CENTER ROAD CARMEL, INDIANA Water and Sanitary Analysis October 17, 2008 ~-7:.-~____ r0.,,;:::;-~ E O'~~ ~; ... · :w \ "-... ,LAND DEVELOPMEf\!r~~'Vll'~~S D~ __Ie' or ~ ' 'eSjg''1re'rs~Ag''ne-e'l'$ ~UlflfeJlOfl'S 501 5. 9th Street!! Suite ., 00 Nob8es"i"~ ''''146060 Phone: 317.770..1801 fFax:317.770.;1821 Toll Free: 1..888..801..8555 &';~f? fai/' ItIotfd t/d:r r{l{'lU' Project No. 2006-0120 WATER AND SANITARY SUMMARY J PROJECT; Lakeland Subdivision 12650 Clay Center Road Carmel, Indiana PREPARED BY: Colin R Patterson, PE Brent White, EL, S.IT. DeBoy Land Development Services 50 I South 91h Street Noblesville, Indiana DLDS. Proj. No. 2006-0120 Site .Location I I The proposed project is located along Clay Center Road at 12650 No!rth Clay Center Road. The parcel is in the Southwest Quarter of Section 27, Township 18 North, Range 3 East, Carmel, Indiana. Proiect Description ) The scope of this development is to build a residential development. This project will split a 10 acre parcel into 2 lots. These lots will be developed as custom estates to fit into the exiting contouring, landscaping and flow of the site with minimal to no construction/destruction of the existing conditions. Fdllowing this I requirement o~ the ownerld~vel.oper, this sit~ ~ill have SOme areas 01 uncontrolled discharge 'contlOumg on the eX1stlllg path of release. I Existin2 Site Conditions The existing site did have a single family residential house and a couple of out buildings on it. The existing home had City water and a septic systerh. The site has currently been raised of all existing structures to start making pre!parations for new construction. The existing septic system has been filled in and dapped. The water lateral has been capped near the street. Proposed Water and Sanitary The proposed connections for the site will connect inlo existing utilities. The water services shall feed of[ an existing water main in Claridge FarrJs subdivision, off of Chyverton Circle. The sanitary system will connc\ct to the existing sanitary lines also within Claridge Fanns. These sanitary Iin1es are under the jurisdiction of Clay Township Regiona I Waste District. The watJr lines are under thejurisdiction of City of Cannel W a ter- Wastewater Utili ties. I ) J LAKELAND SUBDIVISION 12650 CLAY CENTER ROAD CARMEL, INDIANA DRAINAGE REPORT October 17, 2008 J .E.' ,0- liY. . ...I! t. i '<,,-~_,1 ;~L1!"D DEVELOPME~T J;',!.tl'~~~ D ~. fIfe''' .----5 r eSI9Ke!rs=tl:i"AgJJfJeers .urVeJfOrS 501 $.. 9th Stlfeet, Suite ., 00 NoblesvillJ 111146060 Phone: 317.170.1801 Fax:. 317.. 770.i1821 Toll Free: 1..888.801..8555! 8MpMp Yotf/< !t/oJd idJf FOC/M T, Colin R. Patterson, certify thatT am a Registered Professional Engineer in the State of Indiana and. the site development plans and drainage calculations for the site are in complete compliance with the Carmel Technical Stormwater Standards Manual. J Project No. 2006-0120 u Index 1.0 Drainage Summary --Site Location --Project Description --Existing Site Conditions --Proposed Storm Water Drainage System 2.0 Appendix A - Existing Site Drainage Conditions --Existing HydraFlow Reports --Existing Time of Concentration --FIRM Map --SOILS Map --Existing Conditions Map 3.0 Appendix B - Developed Site Drainage Conditions --Developed HydraFlow Reports --Developed Conditions Map u 4.0 Appendix C - Water Qualit). Summary --HydraFlow Reports --Water Quality Volume Calculations 5.0 Appendix D - Storm Sewer Design --HydraFlow Storm Sewer Report --Utility Map --Drainage Basin Map lJ u 1.0 DRAINAGE SUMMARY PROJECT: Lakcland Subdivision 12650 Clay Center Road Carmel, Indiana PREPARED BY: Colin R Patterson, PE Brent White, E.!., S.!.T. DeBoy Land Development Services 50 I South 9lh Street N oblesville, Indiana DLDS. Proj. No. 2006-0] 20 Site Location The proposed project is located along Clay Center Road at 12650 North Clay Center Road. The parcel is in the Southwest Quarter of Section 27, Township 18 North, Range 3 East, Carmel, Indiana. Proi cct Description u The scope of this development is to build a residential development. This project wi\1 split a 10 acre parcel into 2 lots. These lots will be developed as custom estates to fit into the exiting conto uring, landscaping and now of the site with minimal to no construction/destruction of the existing conditions. Following this requirement of the owner/developer, this site will have some areas of uncontrolled discharge continuing on the existing path ofrelease. Existing Site Conditions The existing parcel is 10 +/- acres. The existing site contains a residential home and two out buildings. The time of concentration for the undeveloped parcel is 51 minutes. The existing runoff curve number is 65. The site is shown on FIRM Maps 18057C0206F, dated Feb. 19,2003. The site does lie partially in the floodplain. A study of Elliot Creek has been done by Christopher B. Burke engineering, LTD, this report was completed in February of 2007. Proposed Storm Water Drainage System The proposed storm system for this site is abnormal. A meeting was held with the County Surveyor's Office to determine the best design in regards to the cost of the system for a simple two lot sub-division. The approach that was recommended by Greg Hoyes of the Hamilton County Surveyor's Office was to excavate from the floodplain to get the detention volume needed. u The recommended approach was used to maximize the amount of detainable volume upstream of the existing box culvert crossing over Elliot Creek. The rest of the detention was put into a damned up ravine. This ravine is also proposed to be excavated to maximize as much of the current ten-ain and to maintain the existence of the current house. LJ Since the approach is different than that of the required stonn water drainage manual, the main item that was looked at for the site is the established] OO-year tloodplain elevation per the Burke report. The goal is to prevent any increase in the elevation of the IOO-year flood elevation. To do this analysis, the site had to be broken into two ditTerent areas. The two areas are the upstream and the downstream. The reference point for the split is the current box culvert crossing the creek. The box culvert will remain so that it is a constant condition in both the existing and developed conditions. From the Burke report, the box culvert is the point where the 100 year flood elevation changes. The upstream elevation is 867.30 and the downstream is 866.30. The challenge is to remove enough soil to store the runoff that would give the parcel the amount of detention to release at the allowable release rates and yet not increase the 1 aO-year flood elevations of Elliot Creek. The majority of the developed stonn sewer system will be controlled by swales. Where a drive crosses a swale, a culvert pipe will be used to convey flow under the drive. This culvert/pipe will also be used as a flow restrictor to create detention within the swale itself. The following table shows the info used on the existing conditions. The input info was used to achieve the required lOa-year elevations as stated in the Burke tloodplain/tloodway study. u Acreage Time of Concentration Curve Number (CN) DaHms Stream Ravine Area Upstream Q[[site Upstream Onsite Basin Basin Basin Basin 0.87 3.74 830 5.4 24 51 300 51 65 65 75 65 Storm Event Ravine Detention Upstream Floodway Stora e 865.07 866.80 867.29 2-year (Elev) 10- year (Elev) laO-year (Elev) u 867.51 867.76 868.24 LJ The developed conditions are listed in the next set of tables. Acreage Time of Concentration Curve Number eN Downs Stream Basin 1.25 15.0 Ravine Area Basin 5.73 18 Upstream qffsite Basin 830 300 Upstream Onsite Basin 3.04 15 84 84 82 75 Sturm Event Ravine Detention Upstream Floodway Stora e 865.06 866.80 867.30 Downstream Floodwav Stora e 861.94 863.62 866.30 u u 866.70 867.10 868.20 Comparing the existing and developed tables listed above, the floodplain is not adversely affected. The way this is done is by damning up a ravine and then excavating soil from the area to enlarge it. This creates a dry detention basin for the site. The other measure needed in conjunction with the ravine is the expansion for the floodplain within the site's boundary. Thereby, the proposed site drainages do not affect the laO-year flood elevations of Elliot Creek. The analysis was done using AutoOesk Hydroflow software. The analysis held the elevations for the I DO-year t100dplain that was established by Burke as the Base Flood Elevations. See Attached Appendices "A", "B", "e" and "D" for Project Site information and Design Calculations.