Clinton County RDC approves drainage easement and development covenants to advance State Road 28 West Business Park

The Clinton County Redevelopment Commission voted to approve a drainage easement and a declaration of covenants on a parcel tied to the State Road 28 West Business Park, clearing the way for a developer to seek plat approval at the area plan commission later the same day.

The actions were presented as interim steps because Indiana law prevents the RDC from completing a straight donation of the five‑acre parcel to the developer. Zach Klutz of Taft Law told the commission the documents before the board were “necessary, but…kind of a temporary step to allow the developer to move forward at this evening's plan commission meeting and also get a plat approved.”

Why it matters: approving the easement and the covenants lets the developer proceed with the plat process while the RDC and counsel work through a two‑step transfer that will ultimately place the parcel in private ownership under the developer’s covenants. Commissioners and counsel said the interim documents are intended to be “substantially final” pending minor cleanup edits and final signature pages.

Details of the actions: counsel described the drainage easement as a perpetual easement granted across the adjacent Harshman property to allow stormwater from the RDC parcel to reach the regulated Manford Sheet drain, a requirement for plat approval. The board moved to adopt the drainage easement in substantially the form presented and to authorize the RDC president to sign cleaned‑up signature pages once Taft supplied the final edits; the motion passed by voice vote.

The board then approved the declaration of covenants, conditions and restrictions for the West State Road 28 Park in substantially complete form and likewise authorized the president to sign. Taft clarified the declaration establishes uniform development standards, architectural and site‑plan review, and anticipates that the developer will assume long‑term ownership and governance through a future property owners association.

Commissioners raised a question about language that had appeared to assign long‑term common‑area maintenance to the RDC (a concern because TIF funds are not an eligible use for ongoing maintenance). Taft and staff told the commission that language was removed from the draft being approved; counsel said they asked the developer’s counsel to delete the provision requiring the RDC to maintain the parcel during a short‑term ownership period.

Other approvals and next steps: the RDC also approved an engagement letter to formalize Taft Law’s role as counsel for the redevelopment commission on this project and approved a motion allowing the RDC president to sign any necessary documents for the secondary plat so the developer will not have to wait for the next RDC meeting to record a secondary plat if the plan commission requests changes. Counsel and the developer’s project manager (Adam Dehart of Kilo Webb Associates) confirmed original documents were provided and that counsel would finalize specific legal drain language before recording.

The president said these approvals are intended to keep the project moving while counsel and staff complete required legal steps for the eventual two‑step transfer to the developer.