HomeMy WebLinkAboutRight-Of-Entry
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RIGHT -OF-ENTRY
From the Indiana Department of Natural Resources
To the City of Jeffersonville
For A Sanitary'Gravity Sewer Line
On a portion of Charlestown State Park
Whereas, the State of Indiana, (hereafter referred to as "State"), is the owner of certain
property located in Clark County, Indiana, known and operated as Charlestown State Park,
hereafter referred to as "Premises", and
Whereas, residents living along Longview Beach Drive in Clark County, Indiana, are
experiencing failing septic systems, and
Whereas, the City of Jeffersonville, hereafter referred to as "City", needs to construct and
install a gravity sewer line on a portion of the Premises as part of the Longview Beach Drive
Sanitary Sewer Project ("Project") to address the failing septic systems of the residents living on
Longview Beach Drive, and
Whereas, the State is willing to issue this Right-of-Entry (hereafter referred to as "ROE")
to allow the City to begin the Project,
Now, Therefore, the State grants this ROE to the City subject to the following terms and
conditions:
(1) Only authorized City representatives may enter the Premises for the sole purpose of
completing the Project.
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(a.) The gravity sewer line shall be a pipeline at least twelve (12) inches in diameter or
as designated on the City's Construction Drawings, Sheets A-I through A-4 inclusive. The land
area for construction of the proposed gravity sewer line is described in Exhibit' A', and shown on
Exhibit 'B', which are attached and incorporated herein by reference. No additions or alterations
shall be made to the Project area as authorized by Exhibits 'A' and 'B' without the prior written
consent of the State. The City acknowledges that it is aware that other utility lines are in proximity
to the Project area and that the City will exercise the necessary caution when performing the work
for the Project.
An existing fence is located on the State's boundary line that is approximately seven (7)
feet high, chain link, with three (3) strands of barbed wire on top as shown in Exhibit 'E', which is
attached and incorporated herein by reference. To assist the City in making access improvements
for the area adjacent to the Premises and pursuant to this Project, the State agrees to permit the City
to remove the existing fence provided, that the City replaces and re-installs or causes to be re-
installed a like type, kind, and character of fence at the completion of the Project. However, the re-
installation of the fence shall be at a location and as directed by the State. Therefore, the City shall
provide prior notification to the State when it i$ ready to re-install the fence.
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As part of this Project and to assist the residents in the area, the City is authorized to
develop a "turnaround" as described in Exh}bit 'c' and as shown on Exhibit 'D', which are
attached and incorporated. herein by reference.. It is understood that the City may need to remove
certain fence posts associated with this part of the Project. In such case, the City shall replace
these with new piping, concrete, chain link fabric, and three (3) strands of barbed wire on top as
depicted in Exhibit 'E'. The City shall install a new fence around the perimeter of the turnaround
and also a sixteen (16') foot gate. The objective is that, as part of the City's restoration
requirements under this ROE, the State shall receive the same type, kind, and character of fence as
is removed or altered.
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It is understood by Exhibit D, that a portion of Patrol Road will be impacted by the
placement of the turnaround. As such, the City shall be responsible for relocating that portion of
Patrol Road displaced by the turnaround and Jor providing smooth transitions for ingress and
egress from the road.
The City shall have a Registered Professional Land Surveyor replace all property line
monumentation on all State property comers as located by Pettitt and Associates, Surveyors and
Engineers that are within or adjacent to the construction areas that are destroyed and/or moved in
any way during the construction process.
(b.) Project construction traffic must enter and exit the back gate on the west side of
the Premises near Waterline Road or as designated by the state park property manager. However,
the park road(s) shall not be blocked or usage impeded or impaired by any work, persons, or
facilities associated with the Project.
(c.) City representatives shall m~et .with the State's Property Manager at least one (1)
week prior to beginning the Project on-site so that work can be coordinated with park operations.
(d.) All facilities and activities asso~iated with the Project, including but not limited to
placement of equipment and the parking of vehicles, must be located only on the project area and
not be located on any other area of Charlestovyn State Park unless specifically authorized by the
Property Manager or his designee.
(e.) The City must restore any disturbed area either to its prior condition or to a
condition satisfactory to the State. All disturbed land shall be restored by filling, leveling, and
seeding. The State shall provide specifications for re-seeding and restoration of the disturbed area.
In addition, disturbed and/or damaged roadways shall be restored to at least the condition prior to
construction. i
(f.) No herbicides or chemicals of,any kind may be used by City in carrying out this
Project. No additions to or alterations of the Project area shall be made without the prior written
consent of the State, except as provided herein.
(g.) If any archaeological artifacts are uncovered during work on the Project, City must
immediately stop work and report the discovery to the Property Manager and the Indiana Division
of Historic Preservation and Archaeology within two (2) business days.
(h.) This ROE is further contingent upon City obtaining all necessary federal, state, and
local permits or other authorizations, by whatever name, prior to initiating and during construction
of the Project.
(i.) Upon prior written notice to and consent of State and at no cost to State, City may
cut and trim trees and brush only within t1).e Project area, which interfere with the Project.
However, no tree that is three (3) inches or larger in diameter measured at 4.5 feet (54 inches)
above ground may be cut during the period April 1 st to September 1 st. The State shall have the right
to retain, possess, or reject all timber or other items of value on the Project area. If the State keeps
the timber or other items, City shall place it in a location designated by the Property Manager.
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(j.) City shall provide the State with one (1) set of 24" x 36" Mylar, reproducible as-
built drawings and one (1) CD of the as-built plans within thirty (30)days of completion of the
Project. Upon receipt of the as-built plans, the State shall initiate the process for issuance of an
easement to the City for future maintenance. of the gravity sewer line. Should the City fail to
provide the as-built plans as required, the State may seek any appropriate remedy including but not
limited to having the as-built plans developed by another person or entity at the City's sole
expense.
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(k.) City shall make no modifications that damage or materially injure the Premises or
r create a nuisance thereon.
(1.) The State reserves a right to enter the Proj ect area at any time and for any purpose
necessary or convenient in connection with government work, to make inspections or any other
reasonable use as may be necessary in connection with government purposes and the City shall
have no claim for damages on account thereof against the State or any officer, agent, or employee
thereof.
(m.) In consideration for issuance ofthis ROE and the anticipated subsequent easement,
rather than requiring the City to pay to the State the cost of the easement at the time of execution of
this ROE, the City shall reduce any future fee assessed to the State, whether it is a connection fee,
capacity charge or any other type of fee of whatever name. The amount of said reduction to the
State shall be in the amount of either $50,000 (Fifty Thousand Dollars) or the fair market value of
the easement at the time of connection, whichever is greater.
(2.) Any and all modifications made to the :premises by City are made at City's sole risk and
City assumes any and all risks associated therewith.
(3.) City shall comply with all applicable Federal, State, City, and Municipal laws, ordinances
and regulations wherein the Premises is located.
(4.) State may, at its sole discretion, revoke this ROE without penalty or liability, for breach of
any of the conditions contained herein.
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(5.) City agrees to remove any and all equipment prior to the effective date of such revocation
and further agrees that any property not so removed shall be considered abandoned and title to said
property and equipment shall vest in the State, at no cost or liability to the State.
(6.) This ROE automatically terminates upon the earliest occurrence of one of the following:
(a) revocation by the State, (b) six (6) months from the day the Project begins on-site, or (c) August
15, 2008.
(7.) Although the attached Exhibit documents may contain words or references such as
"easement", the City understands and acknowledges that the State conveys no right, title, or
interest in the Premises by this ROE other than, what is contained herein. This ROE merely grants
perITiission to the City for the specific purpose 'stated herein. The City agrees to comply with the
requirements stated herein so that the State may develop and issue an easement to the City. Said
easement shall include, among other things, the City's authority to enter the Premises to maintain
the gravity sewer line.
(8.) There shall be no cost of any kind to the State in the City's carrying out the terms of this
ROE, including but not limited to, the construction and installation of the gravity sewer line,
construction of the turnaround, replacement of the fence, and restoration of the Premises.
(9.) Within the limits of their respective legal powers, the parties to this right-of-entry shall
protect the Premises against pollution of its air, ground, and water. The disposal of any toxic or
hazardous materials within the Premises is specifically prohibited. Such regulations, conditions, or
instructions in effect or prescribed by said EP A, or any Federal, State, or local governmental
agency are hereby made a condition of this right-of-entry.
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(10.) The State shall not be responsible for injuries to persons or property which may arise from
or be incident to the exercise of the privileges herein granted, or injuries to the person or property
of City's officers, agents, or employees or others who may be on the Premises at their invitation or
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the invitation of anyone of them, and City shall hold the State of Indiana harmless from any and all
such claims excepting damages due to the fault or negligence of the State of Indiana.
11.) City shall indemnify, defend, exculpate! and hold the State and its agents and employees
harmless from any expenses, liabilities, claims or costs of any nature whatsoever incurred through
City's operation under this ROE.
12.) City and its contractors for the Project shall have the right of ingress and egress over the
Premises to the Project area without the payment of entry fees while exercising the rights granted
herein, provided, that in the exercise of such rights City and its contractors will, whenever
practicable, use regularly established highways or roadways.
13.) The City will provide progress reports to the State upon request. The report will be oral
and to the Property Manager unless the State de~ms it otherwise. The progress report will serve to
assure that the Project is proceeding in accordance with the understood completion date and as a
means of coordinating with the operation of Charlestown State Park.
14. This ROE may not be transferred or assigned by the City.
15. This right-of-entry is not valid until signed by both parties.
16. The signatory for the City represents that (s)he is duly authorized to execute this ROE and
to make it binding on the City.
Accepted by: City of Jeffersonville
Attest:
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By:
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(printed name)
Title:
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Date:
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Date:
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Issued by: Indiana Department of Natural Resources
By: (for)
For: Robert J. Carter, Jr., Director
Date:
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EXHIBIT "A"
DESCRIP~ION OF A
SANITARY GRAVITY SEWER LINE
ACROSS THE LANDS OF THE
STATE OF INDIANA
DEPARTMENT OF NATURAL RESOURCES
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A Sanitary Sewer being a part of Survey No. 27 of the Illinois Grant, Clark County, Indiana
and being a part of a tract of land conveyed to the State of Indiana, Department of Natuxal
Resources (IDNR) as recorded in Instrument 200618968 and being further described as
follows: Beginning at the northwest comer of the Long View Beach Drive 30-foot right-of-
way as shown on the plat of Long View Beach, Plat Book 4, Page 72 and being a comer of a
317.57 acre part of "Excess Tract B1" as conveyed to the IDNR; thence along west right-of-
way line of Long View Beach Drive, being a east line of said IDNR tract, South 0038'53"
West, 3575.47 feet; thence leaving said right-of-way line, North 89025'51" West, 191.37 feet;
thence South 0034'09" West, 356.05 feet; thence North 53050'36" East, 160.77 feet; thence
North 23047'41" East, 125.59 feet; thence South89039'53" East, 6.24 feet; thence North
00035'00" East, 14.51 feet; thence North 23047'41" East,16.68 feet to the west right-of-way
line of Long View Beach Drive; thence along said right-of-way line, South 0038'53" West,
50.88 feet; thence leaving said right-of-way, South 23047'41" West,96.71 feet to a southeasterly
line of said IDNR tract; thence along said line, South 53050'36" West,230.24 feet; thence
along a southeasterly line of said IDNR tract, South 60007'35" West, 344.07 feet; thence
leaving said line, North 40015'52" West, 10.17 feet; thence North 60007'35" East, 365.17 feet;
thence North 0034'09" East, 393.68 feet; thence South 89025'51" East, 193.96 feet; thence
North 0034'09" East, 3580.79 feet; thence South 89021'07" East, 22.37 feet; thence South
0038'53" West, 25.29 feet to the Beginning.
Containing 2.086 acres and being subject to all easements and rights-of-ways of record.
Refer to Exhibit "B" for Temporary Construction Areas.
Information provided by:
JACOBI, TOOMBS AND LANZ, INC.
CONSULTING ENGINEERS
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1. T1/JS EXHI8IT DOtS NOT. REPRESENr A BOUNDARY S1JRIIEY . I I.......'.... ~ ,:.' ~ ~
AND SHOULO NOT BE: REUED UPON AS SUCH. 1NFOIWA17ON - I
SHOWN HEREON REPRESENTING BfARlNGS AND fil5rANCES IS STAlE OF /ND1ANA. I . . ~ ..,
BASED ON A UlI/TED FTEU> SURVEY AND DEtD INFORMATIOIf. NII~~ r;'<,; i ~ ~
~=ER.,;s~i[ ~[[f}f ::OR:%Jf ,;;g~ WAS lNST. 200618"8 I [.:.....". i I'. l!!
Pf/EPARATlOH OF THIS eASEMEWT PLAT. A 7I7LE COMIJ/TIoIENr 9 !!:
&lAY RE:Ve'AL EASEMENTS. DlCVMBRANCES. RESTR/CTfOIiS OR I I....... i co
RJGHIS OF arHE:flS NOT SHOWN HEREON. THAT MAY AFFECT ....! l!!i
THE: QtIAUlY OF 1l7!.E OR OFYaOPMENr OF /liIS 1RACT. , f";;. j ...
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EASEMENT LABELS I f:"/:ll . ,F L6 'j,' 1\ LOT 75
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STAlE OF INDWiA
. 0EPAf(TJIENr OF
NATlJRAI. RaOURCES
INS!'. 200S1B968
200'
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UNE
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EXHIBIT
SANfT1/('( SEWER OSEJ./ENT ACROSS THf: ..LANDS OF
STATE: OF INDWIA. DEPARTMENT uF
NATURAL RESOURCES
CUENT: CiTY OF JEFFERSONVILLE
SCN.I': 1. . 100' 1lA'l!> 5-30-2007 -. ..,....
rtemm: &0-12-2007
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120 IlELL AVINUB
CLAIIII!lVILLB. IHIIL\NA 471119
(812) 288-8lIa
_ s.Ul. J08 No. 0142
e\EJ'2llOZ\Pra_\0$42\OM2 DIIR._
B
QlECKED: G.E.H.
Page 60f9
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EXHIBIT "C"
DESCRIPTION OF A
PUBLIC ROADWAY TURNAROUND
ACROSS THE LANDS OF THE
STATE'OF INDIANA
DEPARTMENT OF NATURAL RESOURCES
A Public Roadway Turnaround being a part of Survey No. 27 of the Illinois Grant, Clark County,
Indiana and being a part of a tract of land conveyed to the State of Indiana, Department of Natural
Resources (IDNR) as recorded in Instrument 200618968 and being further described as follows:
Commencing at the northwest corner of the Long View Beach Drive 30-foot right-of-way as shown
on the plat of Long View Beach, Plat Book 4, Page 72 and being a corner of a 317.57 acre part of
"Excess Tract B1" as conveyed to the IDNR;thence along the west right-of-way line of Long View
Beach Drive, being a east line of said IDNR tract, South 0038'53" West, 675.00 feet to the True
Point of Beginning, Thence continuing along said right-of-way, South 0038'53" West, 80.00 feet;
thence leaving said right-of-way, North 89021'07" West, 40.00 feet; thence along a line parallel to
and 40 feet (as measured by right angles) from said right-of-way line, North 0038'53" East, 80.00
feet; thence South 89021'07" East,40.00 feet to the True Point of Beginning.
Containing 3,200 square feet and being subject to all easements and rights-of-ways of record.
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Information provided by:
JACOBI, TOOMBS AND LANZ, INC.
CONSULTING ENGINEERS
Page 7 of9
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NORTH AND ALL BEARINGS SHOWN
HEREON ARE BASED ON NAn 1983,
INDIANA EAST ZONE, STATE PLANE
COORDINA7ES AS DER/IIED fROM
GPS CONTROL AND 08SE1'NATlONS
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! LOT 1
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i LOT 2
0' 100' 200' ,
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SCALE: 1"=100'
LINE TABLE
UNE BEARING DISTANCE
L1 S Ofr3B'5,3" W 80.00'
L2 N 89'21'07" W 40.00'
L3 N W38'S3" E 80.00'
L4 S 89"21'07" E 40.00'
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! LOT 3
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Lor 5
STATE' or /NOlANA
DEPARllIDIT .OF
NATURAL RESOURCES
INST. 2006t8968
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LOT 8
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LEGEND
PUBLIC ROADWAY TURNAROUND
CASEMENT (3,200 SQUARE: FErr)
POINT OF COMMENCEMENT
LOT 9
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P.O.C.
T.P.O.B. TRUE POINT BEGINNING
NOTES
1. THIS EXHIBIT DOES NOT REPRESeNT A BOUNDARY SURVEY
AND SHOULD Nor BE RELIED UPON AS SUCH. INFORM AnON
SHOWN HEREON REPRESENTING BEARINGS AND 'DISTANCES IS
BASED ON A UMtTE'D FIE:I.D SURVF:'I AND DEED INFORMATION.
2. NEJTHER ABSTRACT Of mLE NOR TITLE COMMITME:NT WAS
PROVIDED TO JACOBI, TOOMBS AND LANZ, INC.' fOR THE
PREPARATION OF THIS EASEMENT PLAT. A TInE COMMITMENT
MAY REVCAL CASeMENTS, ENCUMBRANCES, REsTRICTIONS OR
RIGHTS OF OTHERS NOT SHOWN HEREON, THAT MAY AFfECT
THE QUALllY OF' TITLE OR DE:\J'r::LOPMENT Of THIS TRACT.
LOT 12
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PUBlJC ROADWAY TURNAROUND EASENENT
ACROSS THE LANDS OF STATE OF INDIANA
DEPAImIENT OF NATURAL RESOURCes
CUENT: CITY OF JEFffRSONVlLLE
= " #,00" 1 DATE: 2-04-200ll I OAAWN: E.T.R.
JACOBI, TOOMBS ac LAm. INC.
CONSULTING ENGtNBBllS
l20 BELL AVENUB
CLARKSVILLE, INDIANA 47129
(812) 28&-6646
I CHE~ H.L.H. I I<PPl\OVED: s.UI.
. EXHIBIT
, D
I JOB No. OtuZ
s:\EP2OO2\Pn>jocts\0642\0642l-llNR EASE
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