HomeMy WebLinkAboutSteffen Springs Subdivision RESIDENTIAL DEVELOPMENT
STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT
File No: 2025.10SteffenSprings Parcel ID: 10-19-03-500-778.000-009
As accepted through SWAMP No: PW25-0030
Project Name: Steffen Springs Subdivision, 3409 Stenger Lane Jeffersonville, IN 47130
Primary function or description of activities to be executed at the site: Project site is approximately 3.38
acres which is to be developed into residential subdivision. Comprised of 20 lots and common areas for
drainage and utility easements.
This AGREEMENT, made and entered into this +� day of --3—°"-If\U �� I , of the year ,
by and between Chase Murphy Enterprises Inc. (hereinafter called the "OWNER") and the City of
Jeffersonville, Indiana.
WITNESS, that
WHEREAS, Ordinance No. 2024-OR-79, was adopted January 8, 2025, by the City of Jeffersonville
establishing requirements for storm water quality Best Management Practices(BMPs) and a Storm Water
Quality Management Permit (SWAMP) to manage the quality of storm water discharged from areas of
urban development and redevelopment.
WHEREAS, under said Ordinance, the City of Jeffersonville shall have the authority to inspect private
systems within the City of Jeffersonville and to order such corrective actions to said private storm water
management systems as are necessary to maintain properly the storm water management systems within
the City of Jeffersonville.
WHEREAS, under said Ordinance it is provided that storm water quality BMPs not owned municipally must
be maintained by the property owner according to the terms of Long-Term Operation and Maintenance
Agreement that must be implemented before a SWAMP is approved.
WHEREAS, the City of Jeffersonville has adopted and approved technical guidelines relating to storm
water quality best management practices in the City of Jeffersonville.
WHEREAS,the owner is the legal title-holder of certain real property, more particularly described as
202600184 25.00
01/05/2026 02:07 PM 5 PGS
4 MISCELLANEOUS
STEVE GILL, CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
4
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That port of Survey Number 35 of the Illinois Grant. City of Jeffersonville. Clark County, Indiana. being further described as follows
(the following description is the result of work performed by Hart's Surveying & Engineering. LLC, under the supervision of Harold
L. Hart (LS29800020) on February 21. 2025, Jab Number 23-87):
Beginning at o steel pin found of the east corner of Lot 13 of Meadow Springs Subdivision (Plot Book 11, Page 32); Thence
along the northeost boundary of said Subdivision, North 35 degrees 47 minutes 54 seconds West. 239.00 ffeetht 10 d steel
re p n56 and
cop; Thence North 44 degrees 09 minutes 25 seconds East. 684.70 feet to a steel pin and cap; e9
minutes 13 seconds East. 143.29 feet to a steel pin and cop; Thence 76.49 feet along a curve to the right having o radius of
50.00 feet and a chord which bears South 10 degrees 56 minutes 13 seconds Eost, 69.24 feet to a steel pin and cop; Thence
South 10 degrees 56 minutes 13 seconds East. 74.43 feet to a steel pin and cop on the northwest right-of-way of the CSX
Railroad; Thence along said right-of-way. South 44 degrees 09 minutes 25 seconds West. 562.18 feet to the Point of Beginning.
The above-described tract contains 3.383 acres, which is subject to all rights-of-way and easements, whether of record or not.
as recorded by deed in the land records of the County of Clark, in Deed Book at Page
(hereinafter called the "Property").
WHEREAS,the OWNER is proceeding to build on, develop or redevelop the Property.
WHEREAS, the Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation and
Maintenance Plan, sealed by Harold L. Hart, a licensed Professional Engineer, dated 3/13/25, on file,the
City of Jeffersonville, which is expressly made part hereof, as approved or to be approved by the City of
Jeffersonville, provided for storm water quality management within the confines of the Property.
WHEREAS,the City of Jeffersonville and the OWNER agree that the health, safety, and general welfare of
the residents of the City of Jeffersonville require that onsite storm water quality best management
practices be constructed, operated and maintained on the Property.
WHEREAS, the City of Jeffersonville requires that onsite storm water facilities in accordance with the
Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation and Maintenance Plan be
adequately designed, constructed, installed, operated and maintained by the OWNER.
WHEREAS, an approved Stormwater Pollution Prevention Plan and Long-Term Operation and
Maintenance Plan will adequately illustrate the location type and extent of storm water quality BMPs,
minimum inspection procedures and schedule, minimum operation procedures and schedule, and
anticipated minimum maintenance activities including when and how to remove
accumulated/collected/filtered/amassed/grown excess vegetation, sediment, debris, trash, pollutant
and/or forms of pollution from the storm water quality best management practices.
NOW THEREFORE,
In consideration of the foregoing premises, the mutual covenants contained herein, and the following
terms and condition, the parties hereto agree as follows:
1. The onsite storm water quality best management practices shall be constructed by the OWNER in
accordance with the SWPPP and Long-Term Operation and Maintenance Plan.
2. The OWNER shall operate and maintain the storm water quality BMPS as directed by the Long-
Term Operation and Maintenance Plan in good working order acceptable to the City of
Jeffersonville for perpetuity.
3. The OWNER agrees that inspections will be performed by a Qualified Professional.
4. The OWNER agrees that inspections will be documented and include the following information:
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ask
a. A description of the current operational or functional status of the storm water quality
BMPs. For structures that accumulate sediment,trash, debris other pollutant or form of
pollution, an indication of used and remaining capacity(fraction, percentage, depth or
volume) shall be given to identify when the BMP must be cleaned out.
b. Identification of any necessary repairs, sediment/debris removal or replacement of all or
portions of the storm water system(s).
c. The results of any field or laboratory analyses performed.
d. Other relevant or unusual observations related to the system(s).
e. Action plan to prevent premature storm water system failure as consistent with the Long-
Term Operation and Maintenance Agreement(s) provisions.
f. Action plan to prevent the premature system failure that exceeds the Long-Term
Operation and Maintenance Agreement(s)provisions,but are necessary to prevent storm
water pollution from leaving the site.
5. The OWNER hereby grants permission to the City of Jeffersonville, its authorized agents and
employees to enter the property to inspect the storm water quality best management practices
whenever it deems necessary. Whenever possible, the City of Jeffersonville shall notify the
OWNER prior to entering the property.
6. In the event the OWNER fails to maintain storm water quality best management practices in
accordance with the SWPPP and Long-Term Operation and Maintenance Plan in good working
order acceptable to the City of Jeffersonville,the City of Jeffersonville may enter the property and
take whatever steps it deems necessary to repair or maintain said storm water quality best
management practices. This provision shall not be construed to allow the City of Jeffersonville to
erect any structure of a permanent nature on the land of the OWNER without first obtaining
written approval of the OWNER. It is expressly understood and agreed that the City of
Jeffersonville in under no obligation to maintain or repair said facilities, and in no event shall this
Agreement be construed to impose any such obligation on the City of Jeffersonville.
7. In the event the City of Jeffersonville, pursuant to this Agreement, performs work of any nature,
or expends any funds in performance of said work for labor,use of equipment,supplies,materials,
and the like, the OWNER shall reimburse the City of Jeffersonville upon demand, within ninety
(90) days of receipt thereof for all costs incurred by the City of Jeffersonville hereunder. In the
event,the OWNER does not reimburse the City of Jeffersonville within ninety(90)days of receipt;
the City of Jeffersonville may apply a lien upon the property for double the expense to the City of
Jeffersonville. In the event that the OWNER does not reimburse the City of Jeffersonville within
one year from the application of a lien upon the property then the City of Jeffersonville may take
other legal measures to recover costs, including associated legal costs, incurred by the City of
Jeffersonville.
8. It is the intent of this Agreement to guarantee the proper maintenance of onsite storm water
quality best management practices by the OWNER; provided, however,that this Agreement shall
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not be deemed to create or affect any additional liability of any party for damage alleged to result
from or be caused by storm water management practices.
9. The OWNER, its executors, administrators, assigns, and any other successors in interest, shall
indemnify and hold the City of Jeffersonville and its agents and employees harmless for any and
all damages, accident,casualties,occurrences,or claims which might arise or be asserted against
the City of Jeffersonville from the construction, presence,existence,operation or maintenance of
the storm water quality best management practices by the OWNER or the City of Jeffersonville.
10. In the event a claim is asserted against the City of Jeffersonville, its agents, or employees for the
construction, presence, existence, operation or maintenance of the storm water quality best
management practices by the OWNER,the City of Jeffersonville shall notify the OWNER and the
OWNER shall defend at its own expense any suit based on such claim. If any judgment or claims
against the City of Jeffersonville, its agents, or employees shall be allowed,the OWNER shall pay
all costs and expenses in connection therewith.
11. This Agreement as attached by the SWPPP and Long-Term Operation and Maintenance Plan shall
be recorded among the land records of the City of Jeffersonville, and shall constitute a covenant
running with the land, and shall be binding on the OWNER, its administrators, executors, assigns,
heirs, and any other successors in interest. Owner shall, during the development of Steffen
Springs Subdivision,establish a homeowners association for the owners of lots in said subdivision
(the "HOA"). Owner shall convey the Commons Areas which are drainage and utility easements
to the HOA and assign responsibility for the long-term operation and maintenance as called for
herein to the HOA. Upon such conveyance and assignment, Owner shall notify the City of
Jeffersonville of the new responsible entity and the contact information thereof.
12. This Agreement as attached by the SWPPP and Long-Term Operation and Maintenance Plan shall
be recorded among the real property title documents for said property, and shall constitute a
covenant running with the land,and shall be binding on the OWNER,its administrators,executors,
assigns, heirs, and any other successors in interest.
WITNESS the following signatures and seals:
City of Jeffersonvi ' na
By
Drainage ard, Chair
I, e /sity %✓e // , a Notary Public in and for__th�he--City of Jeffersonville and
State of aforesaid, whose commission expires on the day of c.J/ /f72y of the
yea o ,do certify that 7-7--n Cz/�k _mowwhose names are signed to
the foregoing Agreement bearing date of the v '6 day of �./Gr'lhJfL_c- , of the
yeara4.),, have acknowledged the same before me in my said City of Jeffersonville a State aforesaid.
GIVEN under my hand this� day of LA/'I(d/.Z.`!' , of the year
2N (2—/otary Public CHRISTY M O'NEIL
Seal
Notary Public-State of Indiana
Clark County
Page 4 of 5 M 'commission Expires May 9,2026
LIC#NP0713339
a
Reviewed and a pr v: 1 3
By:
Mike Moore, Sewer oard Presidnt
I, -e/ .. 10�P j / , a Notary Public in and__for City of Jeffersonville and
State of aforesa1d, whose commission expires on the day of �Zti✓l'f K / of the
yealr7o,do certify thati,'f /7o/"e- whose names are signed to
the foregoing Agreement bearing date of the day of
of the
yeaL.4 ', have acknowledged the same before me�iin my said City of Jeffersonville an State aforesaid.
GIVEN under my hand this ���' day of c//2.7Lif.p y ,of the year ('E"
Notary Public CMRIb1YM0'NlIL
Seal
4 Notary Public-State of Indiana
i Clark County
: My Commission Expires May 9,2026
Owner of Propert --Cha a Murphy Enterprises Inc. LIC# Expire 339
By x
Chase Murphy, President
STATE OF INDIANA, COUNTY OF CLARK)
Before me, a notary public in and for said County and State, on /Vb Ub4wM:12-4 , 2025, personally
appeared Chase Murphy, as President of Chase Murphy Enterprises Inc.,who acknowledged the free and
voluntary execution of the forgoing on behalf of said entity.
& Jfuer, a=.Notary Public, State of Indiana
--7 �. / l _ ;SEAL) Harrison County
•, !. Ommission Number NP075163
.;tAt,!te MY Commission
Notary Public 09/17/2031�Pires
Prepared by: Ed S 1eLAJe r LI 000i-d Ac. I 'l
"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."
Signature cc:7
ft.„:„.0 i
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l
Clark County
300 Corporate Drive
Jeffersonville IN 47130
812-285-6235
RECEIPT
Customer JEFFERSONVILLE CITY OF Txld 40011736 1/5/2026 2:03 PM
Document Number Document Type Fee Name Fee Totals
202600182 MISCELLANEOUS RECORDING FEE $25.00
Sub Total: $25.00
202600183 MISCELLANEOUS RECORDING FEE $25.00
Sub Total: $25.00
202600184 MISCELLANEOUS RECORDING FEE $25.00
Sub Total: $25.00
Total: $75.00
Tender Information
Check# Name on Check Tender Type Amount
4396 JEFF CITY OF CHECK $75.00
Total Paid: $75.00