HomeMy WebLinkAboutApplicationPage i of 2
Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, October 21, 2008 2:27 PM
To: Stewart, Lisa M;'BrentA. White'; 'Michael L: DeBoy'
Cc: Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona 8; Littlejohn,
David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; 'jmolitor@prodigy.net'; Boone,
Rachel M.; Tingley, Connie S; Duncan, Gary R; Redden, Nick; Barnes, David R
Subject: Docket No. Assignment: (PP/SW) Lakeland Subdivision (#08100012 PP & 08100013 SW)
Attachments: RESIDENTIAL ARCHITECTURE DESIGN STANDARDS VER 2.pdf
I have issued the Docket Numbers for (PP/SW) Lakeland Subdivision. They are the following:
Docket No. 08100012 PP: Lakeland Subdivision
The applicant seeks primary plat approval for 2 lots on 10 acres. The applicant also seeks the following waiver:
Docket No. 08100013 SW SCO 6.05.01 lot with no road frontage
The site is located at 12650 Clay Center Rd. and is zoned S1/Residence.
Filed by Michael DeBoy of DeBoy Land Development Services for Christian Browning.
PP A lication Fee: $ 860.00
$114.50 er lot x 2: $229.00
SW A lication Fee: $860.00
Total Fee: $1,949.00
Petitioner, please note the following:
1. This item will be on the November 19 agenda of the Technical Advisory Committee (TAC). (A representative must be
present.) The petitioner must submit plans and review materials to all TAC members directly by Oct. 17. (Failure to submit
plans and review materials to TAC members by this time will result in the tabling of this petition to the Dec. TAC meeting, and
subsequently the January 2009 Plan Commission meeting. For a list of current TAC members go to:
http://www.ci.carmel.in.us/services/DOCS/TAC2008/TAC%20members°/ 20revised%2004.24.2008.pdf )
2. Mailed and Published Public Notice needs to occur no later than Friday, November 21. Published notice is required within the
Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see application.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than NOON, Friday, December 5.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, December 12. Failure to submit Proof
of Notice by this time will result in the tabling of the petition.
5. This item will appear on the December 16 agenda of the Plan Commission (under "Public Hearings'). A representative must
be present.
6. This item might also appear on the January 6, 2009 agenda of the Plan Commission Special Studies Committee. A
representative must be present.
Mr. DeBoy can be contacted at 770-1801.
PETITIONER: refer to your instruction sheet for more detail.
PETITIONER:-Please respond to_and/or complete the following pDCS Review comments:
- Please provide a filled ouUnotarized affidavit or notice of public hearing (see application).
- Please provide a filled out notice of public hearing form (see application).
Provide the notarized Affidavit of the Public Notice Sign Placement.
- Provide a copy of the list of adjacent property owners from the Hamilton County Auditor's office.
Remember to include the Findings of Fact form in the Plan Commission information packets.
Provide a filled out subdivider agreement form (see the Subdivision Control Ordinance, Chapter 9.06 for reference.)
- Please provide written and/or photographic architectural commitments similar to the attached document; the Plan
Commission will want to see these.
- Please submit an Erosion Control Plan.
- Show the path along Clay Center Rd extending all the way to your south property line.
- Why is there a 25-ft wide ingress/egress easement along the north property line of lot 2?
- Will there be any protective covenants or private restrictions?
sue' Please show/label a 200-ff front building setback line from Clay Center Rd, in order to comply with SCO 6.03.19.4. .
/ Please show/label the proposed driveway locations.
- Please provide copies of letters of transmittals and your correspondence to TAC members.
10/21 /2008
Page 2 of 2
- Additional comments maybe voiced at the TAC meeting.
Thank you,
AnCJIE COn11, Planning Administrator
Dept, of Community Services -Planning & Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p. 317-571-2417 f. 317-571-2426
aconn~carmel.in.gov
Brent White
.__ E~OY ~ E.L, S.LT.
I
LdNe DEVELOPMENT SERVKES INC
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Oeafgners-SnNnssr~ Surveyors
R~~7~ /w~W~eifi~Fooa~
baw@deboyland.com
501 S. 9th Street, Sulte 100 0lflce: (317) 770-1801
Noblesville, IN 46060 Toll Free: (888) 801-8555
www.tleboyland.com Fax: (317) 770-1821
10/21/2008
~~ ?`P~I~ATION for
Fee:
DATE:
The undersigned agr
alteration of structure, or a \
application will comply with, a
"Zoning Ordinance of Carmel,
Public Law 178 Sec. 1, et seq
amendatory thereto.
Name of Applicant:
ARY~PL (OR REPEAT)
$1~ w er to x($285.00 plus $114.50 per l(ot)
nr; ' :''8C8. _ DOCKET NO. ~~ IvO~I~
hat any nstr ,reconstruction, enlargement, relocation or
e in t f land or structures requested by this
~ I applicable laws of the State of Indiana, and the
Indiana - 1980", adopted under the authority of Acts of 1979,
General Assembly of the State of Indiana, and all Acts
Fax No. 31~- 7~3 ~~~{ 16 Email:
Phone No. ~ ~ 7 - 7~ 6 " 7g7 ~f
Sf.,n L
Address of Applicant: blb6 U. Q~{t\ S+r,az~ SH;{Q X75 ~,nG~t4r1SPo~is y6~78
Name of Owner:
Name of Subdivision:
Phone No. ~~T~~~, -7q7
Legal Description: (To be typewritten on separate sheet and attached)
Area (in acres): l~•D ~'Tlumber f Lots: J~ Length (in miles) of new streets
to be dedicated to public use:
11 ~~jj
Surveyor certifying plat: M2'G,t-A,EL JJE.L>ov
Address: ,S^O/ ,J 9~~. S.1TL /~~ Phone No. 317- 7'70 - Jgo/
STATE OF INDIANA, COUNTY OF ~~!?.~GTo,aJ , ss:
The undersigned having been I orn, upon oath says that the above infor mation is true and
correct as he or she is infor ed believes. ~~•~~`~~d~4N1'r~~ ~,,~,~
SIGNATURE OF APPLICA - Priht: / ~ ~\ d ~~ ~/e~~6'%
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My Commission Expires: ~ '
5.1.10 Application for Primary Plat. Two (2) copies, or more if necessary, of the primary plat
and of the construction. plans together with supporting documents shall be submitted to the Director of
Current Planning with this application. These clans to be distributed to all Technical Advisory
Committee augthorities b a licant.
FEE: 1. ~ Received by:
"1" ~ O t p Filename: Primary Plat 2008.doc Revised 12120/2
lJ
• SUBDIVISION WAIVER
REQUEST APPLICATION
11 (Submit two (Z) copies)
Docket No. O ~ I O DD l ~ S \/S~ Date Ri
Contact Person: Brent White
~0~~~~~~
Telephone No.317 - 7 7 0 -16 O 1
FaxNo.317-770-1821 E-Mail: baw@deboyland.com
Address:501 South 9th Street Suite 100, Noblesville, IN 46060
PRO]ECTNAME:Lakeland Subdivision - Primary Plat
PR03ECTADDRESS: 12650 Clay Center Road, Carmel, IN
APPLICANT NAME: Christian Browning
Land Owner
ADDRESS: 6100 West 96th Street, Suite 175, Indianapolis, IN 46278
TELEPHONE:317-716-7979
•
Section (Section Number, Page, Item) of Subdivision Control Ordinance for which waiver is
being requested:
SCO 6.05.01
State explanation of why waiver is being requested:
Subdivision creates two parcels. East Parcel takes entire road frontage
along Clay Center Road. West Parcel does not connect to Clav Center Road.
State reasons supporting waiver request:
An Ingress/Egress easement has been granted from Claridge Farms.
Present zoning: SS1
Signature of
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OFD PRIMARY PLAT
APPLICATION. WAIVER REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE
FOR THE PRIMARY PLAT. ~ ~ O cro
APPLICATIONFEE
•
-~-,-~.
.,
CITY OF' CARMEL
9.06 Subdivider Agreement Forms. '~~ ' ! ~' , r_
9.06.01 The following agreement shall be included as a submittal with the final plat appro ~ plicatio
AGREEMENT ~
The developer shall be responsible for any drainage problems, including standing water, flooding aril
erosion control, which arise or become evident at any time during the 3 year maintenance period after
the release of the subdivision bond, and which is attributable to a deficiency in subdivision drainage
design or construction of drainage improvements. This shall include all pipes, structures, swales,
ditches and ponds which are pertinent features to the proper drainage of the subdivision.
This responsibility of the developer shall not, however, indude problems which are created subsequent
to the completion of the subdivision improvements by the improper grading by individual builders or
structures and improper grading installed or accomplished by individual homeowners.
It is the intent of this agreement that the developer shall spedfiplty provide such sub-surface drains, or
storm sewers orditches, as are required to propedy rectify anydrainage problem or sub-surface water
problem which was not contemplated in the odginal 'approved subdivision design, including, but not
restrfded to, disposal of sub-surface water from footing drains of individual lots.
ROAD IMPROVEMENTS: The typical agreement for,existing contiguous Hamilton County Roads
which are substandard, with Hamilton County is:
The developer will put in 12-inch stone base to the required width of the road, and grade the shoulders
to a minimum of 6 feet width and construct proper sidetlitches, or, provide storm sewer and curbs.
This will be the black top grade during consW dion ofsubdivision. Then the county will come in and cut
our 3 inches and put in 3 inches binder asphalt after which the developer will be responsible for 1 inch
of asphalt topping. This is being done as joint projects between county and developer. An agreement
shall be executed, in writing, between the developer and Hamilton county specifically detailing the exact
work to be accomplished by the developer and that to be accomplished by the County, and shall also
state the road or roads or portions thereof which are included. If the subdivision is contemplated to be
annexed to the City of Carmel, then the agreement shall include the City of Cannel Board of Public
Works as a signatory, which shall be for the purpose of the City of Carmel agreeing to accept the
maintyrtay~ and ophe improved road facility upon completion of said improvements and
11i
Date
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Chapter 9' Plat Certificates, Deed of Dedication
9-6
as adopted per ZJriO; as amended per Z-486-06
Sprang 2006 v t
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RESIDENTIAL ARCHITECTURAL DESIGN STANDARDS
~~$L-~~'~I'
Intent
Structure and Design Standards and Provisions
INTENT
The intent of these standards is to provide for high-quality, architecturally varied residential development
within the City of Carmel.
Its provisions require that all dwellings and neighborhoods, whether single-family, two-family, or
multifamily, be built to certain minimum standards.
STRUCTURE AND DESIGN STANDARDS AND PROVISIONS
Buildings shall maintain a consistent architectural style, in both form and trim, throughout. The
trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined
as utilizing features and forms that are considered typical to the chosen architectural style, and
shall be determined by staff review. All building elements are subject to the most current edition
of the Indiana Building Code.
A. SITE DESIGN
1. Buildings shall be designed and sited in such a way as to maximize solar gain and privacy.
2. Site design shall be context-sensitive with regards to existing natural features.
B. BUILDING SCALE/MASSING
1. Building character, scale, and mass shall be similar to existing buildings. This may be
accomplished through siting, setback, buffering, driveway location, height, and other
elements.
2. Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished
by including the following features:
a. Variations in height and depth
b. Windows and door openings
c. Changes in roof line or height
d. Details and trim appropriate to the style and mass of the building
e. Use of different materials, textures, and material placement
f. Placement of landscaping materials and street furniture
g. Balconies, recessed entries, and covered porches
h. Bays and towers
3. All sides of the building shall have the same level of detail and material use.
C. WINDOWS
1. At least two windows shall be present on each fagade, and each occupied level, as architecturally
appropriate. One window shall be permitted on half stories.
2. All windows, on all sides of the house, shall have trim as architecturally appropriate.
3. Windows shall be operable, to provide for cross-ventilation.
D. ENTRYWAYS
1. Entryways shall be clearly visible and shall be the dominant feature of the front facade, or the
side facade.
2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally
appropriate.
3. Side lights or glass panes should be provided, to allow illumination and to allow residents to see
outside.
4. Permitted materials include fiberglass, painted steel, and wood.
E. CHIMNEYS
1. Chimneys shall extend fully to the ground, and above the eaves, if external.
2. Chimneys shall be made of masonry or stucco material or panels, or material with a similar,
durable appearance. Siding is not a permissible material.
3. "Shed-style' or bump-out chimneys shall not be permitted.
4. Chimneys must be capped.
F. GARAGES
1. Garages shall not be the dominant feature of the front facade.
2. If off-set or side-loading (courtyard loading), the fagade facing the street shall have at least one
window.
3. The garage, if front-loading, shall comprise no more than 30°I° of the main front facade.
G.FOUNDATIONS
1. If building foundations are to be exposed, they shall be finished with stone, brick, brick-form
poured concrete, fieldstone, or split-face block, and shall remain unpainted.
2. Wall cavities of foundation walls constructed of brick veneer extending below grade shall be
grouted solid up to the flashing, with weep holes above. Weep holes shall be unobstructed by
mulch or soil. Such flashing shall be 8-12" above grade.
3. Surface-applied waterproofing shall not be exposed unless it matches the concrete.
H. ROOFLINES
1. Roofs shall have minimum 12" overhangs, on all sides of the structure, if architecturally
appropriate.
2. Dormers and gables should be used to help break long roof lines. If used, they shall have attic
bands, windows, and/or decorative attic vents.
3. Vents and stacks shall be painted to match the roof, or painted black, and shall not be visible
from the public right-of-way.
4. Roofs may be made of dimensional shingles, glazed clay, standing-seam metal, slate, or fire-
pratected wood shingles.
5. Solar shingles and panels are strongly encouraged; if used, they shall be placed as unobtrusively
as possible while maximizing solar gain.
6. Gutters and downspouts or rain chains shall be provided.
7. The primary roof slope shall not be less than 6/12.
I. MATERIALS
1. If more than one material or color is used, the transition between materials and/or colors shall be
logical, i.e. to highlight an architectural feature. If a material such as brick or stone is used on the
front facade but not the side facades, a logical transition with trim, such as quoins, shall be
provided. Vinyl siding, if used, shall not be less than 0.048 thickness. Aluminum siding of less
than .024 thickness shall not be used.
2. If EIFS or dryvit are used, they should be used only as trim materials, or placed above the first
floor to limit damage.
J. DETAILS & TRIM
1. Architectural trim and details are encouraged on all dwellings. If such details are used, they shall
be used on all sides of the building, and shall be architecturally appropriate and balanced with
regards to placement and scale. Suitable elements include, but are not limited to:
1. Quoins
2. Pilasters
3. Eaves of at least 12" in depth
4. Corner boards, gable boards, and barge boards
5. Pediments
6. Lintels and sills
7. Soldier coursing
8. Balustrades
9. Friezes, cornices, dentils, modillions, etc
10. Brackets
11. Shutters. If shutters are used, they should be appropriately scaled to the windows, and
be functional or appear to be functional.
2. Buildings with clapboard or similar facades shall have all openings trimmed with wood trim at
least 4" nominal width, and corners trimmed with wood at least 6" nominal width.
Z:\RESIDENTIAL ARCHITECTURE DESIGN STANDARDS VER 2 July 19, 2007.
Floodplain near 1.2650 Clay Center Rd
•
Supporting Data for Primary /Preliminary Plat
Project: 2006-0120 -Lakeland Subdivision
Presented to: City of Carmel
• ~~ Date: September 11, 2008
Friday, October 17, 2008
• •
-_
(Supporting Data -Lakeland Subdivisio
,~~~~~ ;
2006-0120 -Lakeland Subdivison, Sept. 11, 2008 •;
Contents
Site Aerial -Existing Adjacent
Location
Thoroughfare Map
Existing Zoning Map
Existing Water Shed Boundary Map
• ,
•
!!,
Friday, October 17, 2008
•
Site Aerial -Existing Adiacent Uses
•
• DS
DEDOY L/]ND DEVELOPMENT SERVICES
Des nginsors~"Surveyors
387 8. 88tr &fnd, 8uNfs fOD 1io6/eirlNs !N 060W
Phons: 317.770.f807 Faxr 317.778.1821
7olf Frq: 1.888.801.8888
. _'~~~~'irtnfr,~,r
Friday, October 17, 2008
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• •
Supporting Data -Lakeland Subdivisi+
2006-0120 -Lakeland Subdivison, Sept. 11, 2008
Location Map
NORTH
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DEDDY LAND DFVFLOPMFNT SERVECES
Dss rs Surveyors
SOi 8. 9fA Sh'eef, 8ufte 100 NobhevitM IN 46060
Phoner J1 A770.t60i Foxe 917.770.1621
7of7 rresi t.668.lfOf.6666
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Friday, October 17, 2008
•
Supporting Data -Lakeland S
2006-0120 -Lakeland Subdivison, Sept. 11, 2008 r~ '";
Recommended MinFnum C,eotnetric Design Starid~ds
Proposed
Ex~lrg
Clseetfk~tlort
ROW MmMnum I.snea
~m1~HldttPiJx
Ctr6e
~~~~
OrrStteetPark(rp
StreetTreee
P1enen0e
Alley 40' 1 {~'1 No No None Ves No
ReeideMid Street Lane h1 40' 2(227 No No None Yee fb
Reelderitlal Street hMnor (2) 40' 2 (2B') Yee See ATP Dne SkJe Only Yee No
- RBakieMiel Stree(MeJar (3) 50' 2 (3p'J Yee gee ATP One Sk1a t)rgy Yea No
Caeector Street BO' 4 (467 Yea Sae ATP Oplk'xsl, tx>th Yes Vet
p~q& ~' 4 (489 Yea Sse ATP Nona Yee Yes
arse Prinsry Artertei 160' + (4B7 Yee See ATP None No Yea
5econdsy Perkvrey 120' 4 (48~ Yea See ATP N~ Yea Yea
s Ptlrtwy Parkway 140' 4 (4B) Yes See ATP None Yes Yea
RefidantW 100' 4 ~ Yea See ATP Opibnet, boTh Yee Yee
Free+ny /M FEDERAL AND STATE STANDARDS APPLY
:" .:....:..:... State Hyrway FEOEFtAL AND STATE STANDARDS APPLY
Plana: 1 SeMcea kwrteeo (141 resldenllel lots or lase ~ Mberchrrps l.ooetlon
2 SerNoea fatly (40) reskkrsld bta or less ~~ Locution
3 Senba rnora Uwt Cody (40) reriderttial lots
ATP--Ahsrnedtre Tror>epor4tlon Rat 0 Fkur>dBbout Vat
V.~ Proposed ROllndabout kMerfedion
• ~ DS
DEDOY LMID DEVELOPMENT SERVKES
48i 8. 8M Street, 8Wts f80 MaBharJNa IN 4i80B8
Faoner 917.770.iB8i Faxr 3i7.T70.18Yi
Tab Fna: 4.BB8.80LBB1t3
Friday, October 17, 2008
Thoroughfare Map
• •
U
Supporting Data -Lakeland Subd
2006-0120 -Lakeland Subdivison, Sept. 11, 2008
Existing Zoning Map
•
~ ~ DS
DEDDY L/1ND DEVELOPMFNT SERVKES
Dss 3ur~veyors
601 & 8M 8fnef, BWfs 100 MobNrarfBs IN 18088
Plroner 317.770.1881 Fan 3f7.770.18Yf
Tolf Froor t.eB8.8o1.sesa
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Friday, October 17, 2008
Existing Water Shed Boundary Map
• W ~ aS
1)El30Y LM10 f)EVELOPMEh1T SERVKES
D@S ~SrJf1!@y0/S
BO! B. 8th Street, BWte 10C NohNSVllfe fN 48080
Plroese 317.7TB.iBD! Fexr 3l T.T70.18?1
7011 Fns: i.BB$.891.BSB8
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Friday, October 17, 2008
LAKELAND SUBDIVISION
12650 CLAY CENTER ROAD
CARMEL, INDIANA
Water and Sanitary Analysis
October 17, 2008
r 1
',, :`~~L'/~ND DEVELOPMENT
501 S. 9th Street, Suite 100 Noblesvil
Phone: 317.770.1801 Fax:317.77i
Toll Free: 1.888.801.8555
,~~~ ~icu' ~f/ir~ircta f~~
Project No. 2006-0120
~eyors
IN 46060
1821
•
• . WATER AND SANITARY SUMMARY
PROJECT: Lakeland Subdivision
12650 Clay Center Road
Carmel, Indiana
PREPARED BY: Colin R Patterson, PE
Brent White, E.L, S.LT.
DeBoy Land Development Services
SOl South 9`h Street
Noblesville, Indiana
DLDS. Proj. No. 2006-0120
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.
Proj eet 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. Following this
requirement of the owner/developer, this site will have some areas of
uncontrolled discharge continuing on the existing path of release.
Existing 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 system. The site
has currently been raised of all existing structures to start making preparations for
new construction. The existing septic system has been filled in and capped. The
water lateral has been capped near the street.
Proposed Water and Sanitary
The proposed connections for the site will connect into existing utilities. The
water services shall feed off an existing water main in Claridge Farms
subdivision, off of Chyverton Circle. The sanitary system will connect to the
existing sanitary lines also within Claridge Farms. These sanitary lines are under
the jurisdiction of Clay Township Regional Waste District. The water lines are
under the jurisdiction of City of Carmel Water-Wastewater Utilities.
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Christopher B. Burke Engineering, Ltd PROJECT:
Elilot Creek Hydraulic Study Pfl0.1ECT NO.
U6-743 APPROX. SCALE
1 "=100'
National City Center, Suite 73~ South
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Cross-referenced to: Instrument No.
recorded _ in the office of the Recorder of Hamilton County, Indiana (Grantor Tract)
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 offce of the Recorder of Hamilton County, Indiana (Declaration)
GRANT OF ACCESS EASEMENT
THIS GRANT OF ACCESS EASEMENT (the "Grant"), made this / ~ 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
WHEREAS, Grantor owns in fee simple certain real property located in Elamilton
• 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 Instrument 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 herein (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 Chwerton Circle ("Street")
will be via a driveway to be constructed on the Easement Area,
WHEREAS, 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 Farm" as such term
is defined in the Declaration of Covenants and Restrictions for Claridge Farm, dated
December 17, 1990 and recorded December 18, 1990 as Instrument No. 9030999 in the Office of
the Recorder of Harnilton County, Indiana, as amended by the First Amendment to Declaration
of Covenants and Restrictions, dated November 10, 1996 and recorded November 22, 1996 as
•
• ' 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 1 I, 2007 and recorded June 16, 2007 as
Instrument 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 anon-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 provisions set forth herein,
Grantor hereby grants the following easement to Grantee, on the following terms and conditions:
Section 1. Grant of Non-Exclusive Access Easement. Grantor hereby grants, creates
and makes a perpetual and non-exclusive 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"). "I'he Easement and all rights in and to the Easement are appurtenant to the Grantee
Tract and declazed, created attd made for the purposes of providing the Grantee Tract and
Grantee, its invitees, contractors, employees and agents, and its grantees, successors 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").
Section 2. Easement Ri>?ltts. 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 maimer similar to that of the other
driveways in Claridge Farm. 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 madc a part hereof (the "Browning Parcel"). Grantor
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• grants such rights to Browning, 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 Pazcel, so long as all costs related thereto are reimbursed or paid for by
Browning.
Section 3. Driveway Construction and Temporary Construction Easement. The
Driveway shall be constructed in accordance with applicable laws. Grantor hereby grants to
Grantee a temporary easement to enter upon and use those portions of its real estate adjacent to
the Easement Area which are located within fifreen (15) feet of the Easement Area for the
purpose completing the construction 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.
Section 4. Easement Fee. In consideration for Grantor's grant of the Easement, Grantee
shall pay the sum of Fifteen Thousand Dollars ($15,000) 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 restrictions to be placed on the Browning Tract pursuant to a recorded agreement
burdening the same and running in favor of the Grantor entitled Use Restriction Agreement,
dated even herewith.
Section 5. Additional Ris?hts. 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 right to use all Common Areas, as such defined in the Declaration, including the
swimming pool, club house and similar recreational facilities in the same manner 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 Gantee Tract shall pay
the same quarterly general assessment and such special assessments as are chazgcd to the Owners
of Lots in Claridge Farm, and shall be subject to the same collection remedies of the Grantor as
described in the Declaration.
Section 6. Mechanic's Liens. The Parties shall promptly discharge (or cause to be
discharged) all mechanic's, laborers, materialmen's, supplier's or vendor's liens arising out of
or connected with their respective maintenance, repair and use of the Easement Area, and each
shall indemnify and hold the other harmless therefrom.
Section 7. Nature of Easements and Ri ts. The Easements created herein shall be
permanent and perpetual, and, together with the obligations, rights and benefits thereof shall
(i) mn 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 rcqucsted, or by othcr national overnight
• courier company, or personal dclivcry. Notice shall be deemed given upon receipt or refusal to
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• accept delivery. Each Party 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:
Grantee:
~".
4~/ G ~
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, facilities and systems for the purpose of furnishing and
distributing electric, drainage, gas, water and sanitary sewer utility services (the "Facilities") and
the right to "tap-in" or connect 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 be responsible for all maintenance and repairs of fhe Facilities. Upon completion
of any repair or maintenance work permitted 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 forth 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, regulations and ordinances. No more than one (1) residence and one (1)
detached barn garage may be constructed on the Grantee Tract. The Grantee Tract
may only have one owner.
(b) The terms of Section 11(b) of the Declaration shall apply to the residence on the
Grantee Tract. The barn garage shall consist of no more than 1,00 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 north boundary of Claridge Fann (the "North Property Line"). A bike
path and related improvements connecting the Driveway with the Browning
Parcel is permitted within said setback.
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• (d) Section 11(c) of the Declaration shall apply to the Grantee Tract, provided that,
during construction, a construction trailer shall be permirted, so long as the same
is not within the 50-foot setback as provided in subsection (c) above. Once
construction on a residence of 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 owner shall be solely responsible for all damage to the Common
Areas or other property in Clazidge Farm resulting from its construction activities
on the Grantee Tract or said owner's negligent acts, including, without [imitation,
damage to the brick pavers at the intersection of Chyverton Circe and North
Clazidge Way, or elsewhere in Claridge Farm, as a result of owner's construction
traffic.
(e) The Grantee Tract shall be subject to Section 14 of the Declazation, including
subsections (a) through (j) thereof.
(f) No more than five (5) passenger vehicles shall be visible from Chyverton Circle;
all other vehicles shall be stored in a garage/ bam when not in use.
(g) Sections 12(d), (e), (fl and (g) of the Declaration shall apply to the Grantee Tract.
(h) No exterior lights shall be maintained as to shine or reflect directly on any Lot in
• Claridge Farm.
(i) The Grantee Tract shall be subject to Section 11(i) of the Declaration and Section
14 (k) of the Third Amendment to the Declazation concerning the mailbox to be
placed and maintained next to Chyverton Circle.
Section 11. Architectural Review. Any residence, garage/barn or other structure or any
fencing to be constructed on the Grantee Tract shall 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 determining 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 azea between (i) the 50 foot set back provided in Section 10 above
and (ii) a line sixty (60) feet north of the North Property Line, shall be screened by landscaping
customary for similar developments. In addition, if approval is not denied by 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 I5(i) of Declaration shall not apply to the Grantee Tract.
Section 12 Breach and A rn 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 party 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
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gram of
• Indiana, whether such remedy is pursued by filing suit or otherwise. In the event of a breach of
this Agreement by either Party, 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
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IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Grant on this
~ '~" day of September, 2008.
Grantor:
CLARIDCE FARM HOMEOWNERS
ASSOCIATION, INC.
.
By:
Robert Smith, President
•
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ATTEST:
B ~~~~~"~- ~~GP/`-^~---~
Y
William W. Wales, Vice President
STATE OF NDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for the above County and State, personally appeared
Robert Smith and William W. Wales, the President and the Vice President, respectively, of
Claridge Farm 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
[SEAL]
Printed:_
n
I am a resident of L County, Indiana.
My commission expires: I l)-- 1 ~' "(-%
~,~~ ov
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of September, 2008.
Grantee:
Christian
•
•
STATE OF INDIANA )
SS:
COUNTY OF HAMIL"I'ON )
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 Seal.this-)
~,-- -
~ t
[SEAL] : ---~
Notary
I am a resident of V ~~~, t ~ c /1 County, Indiana.
My commission expires: 1 Ll - i ~C' ~ U ~'
day of September, 2008.
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. Mark Sausser
This instrument was prepared by, and after recording return to, Mark Sausser, Attorney-at-Law,
Baker & Daniels LLP, 300 North Meridian Street, Suite 2700, Indianapolis, Indiana, 46204
s.a~~ or
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• •
• Exhibit A
EASEMENT AREA-LEGAL DESCRIPTION
•
•
Exhibit A,page 1
grant of
• •
• Exhibit B
GRANTEE TRACT-LEGAL DESCRIPTION
•
•
Exhibit B,page 1
grant of
• •
• Exhibit C
BROWNING PARCEL-LEGAL DESCRIPTION
•
•
Exhibit C,page 1
grant of
~~
LAKELAND SUBDIVISION
12650 CLAY CENTER ROAD
CARMEL, INDIANA
DRAINAGE REPORT
October 17, 2008
';
~-~1.'/~ND DEVELOPMENT
501 S. 9th Street, Suite 100 Noblesvil
Phone: 317.770.1801 Fax:317.77i
Toll Free: 1.888.801.8555
,8~ ~~ ~~~ f~icus
I, Colin R. Patterson, certify that I 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.
eyors
IN 46060
•
Project No. 2006-0120
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
4.0 Appendix C -Water Quality Summary
--HydraFlow Reports
--Water Quality Volume Calculations
5.0 Appendix D -Storm Sewer Design
--HydraFlow Storm Sewer Report
--Utility Map
--Drainage Basin Map
•
1.0 DRAINAGE SUMMARY
• PROJECT: Lakeland Subdivision
12650 Clay Center Road
Carmel, Indiana
PREPARED BY: Colin R Patterson, PE
Brent White, E.L, S.LT.
DeBoy Land Development Services
u 501 South 9`h Street
Noblesville, Indiana
DLDS. Proj. No. 2006-0120
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 t 8
North, Range 3 East, Carmel, Indiana.
Prol ect 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. Following this
requirement of the owner/developer, this site will have some areas of
uncontrolled discharge continuing on the existing path of release.
Existing Site Condifions
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.
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 terrain and to maintain the
• existence of the current house.
Since the approach is different than that of the required storm water drainage
• manual, the main item that was looked at for the site is the established 100-year
floodplain elevation per the Burke report. The goal is to prevent any increase in
the elevation of the 100-year flood elevation. To do this analysis, the site had to
be broken into two different 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 100-year flood elevations of Elliot Creek.
The majority of the developed storm 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 100-year elevations as stated in the Burke
floodplain/floodway study.
Downs S[ream Ravine Area Upstream OJfsite Upstream Onsite
Basin Basin Basin Basin
•, Acreage 0.87
Time of 24
Concentration
Curve Number 65
3.74 830 5.4
51 300 51
65 75 65
Storm Event ~ Ravine Detention Upstream
Downstream
2-year(Elev) 867.51 865.07 867.94
]0-year(Elev) 867.76 866.80 863.61
100-vear(F.levl R68.24 R67.29 866.30
•
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The developed conditions are listed in the next set of tables.
Downs Stream
Basin Ravine Area
Basin Upstream O/frite
Basin Upstream Onrite
Basin
Acreage 1.25 5.73 830 3.04
Time of 15.0 18 300 15
Concentration
Curve Number 84 84 75 82
CN
Storm Event Ravine Detention Upstream Floodway Downstream
Stora e Floodwa Stora e
2-year(Elev) 866.70 865.06 861.94
10-year(Elev) 867.10 866.80 863.62
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 100-year flood elevations
of Elliot Creek.
The analysis was done using AutoDesk Hydroflow software. The analysis held
the elevations for the 100-year floodplain that was established by Burke as the
Base Flood Elevations.
See Attached Appendices "A", `B", "C" and "D" for Project Site information
and Design Calculations.
CHRISTIAN T BROWNING 134
12801 W. ROAD 20-i aav7ao
ZIDNSVILLE, IN 46077 Q, O
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