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HomeMy WebLinkAbout1250 W City Center Drive - Carmel Real Estate Holdings2015061931 EASE $27.00 12/04/2015 08:38:10AM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented Cross Reference to Deed: INST. # 2014023790 _ 1IIIII 111111111111111111111111111111111111111III 1111111111111111111 GRANT OF PERPETUAL STORM WATER QUALFIW MANAGEMENT EASEMENT This easement (the "Easement") is by and between Carmel Real Estate Holdings LLC, (the "Grantor") and the City of Carmel, Indiana (the "City"), by and through its Board of Public Works & Safety (the "Grantee") and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; APPROVED 1 WITNESSETH TI -IAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the `Real Estate"); WHEREAS, Grantor intends to build on the Real Estate and, in connection with the construction, development and operation of the Point Blank Range and Gun Shop, the City has approved or will approve a Storm Water Management Permit (the "Permit"); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water quality management (collectively the "Ordinances"). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibit "A" in two parts (the "Easement Area"). Section 2. Storm Water Quality System. This site contains two storm water quality Best Management Practice structures (BMP's). The first BMP is an Aqua -Swirl hydrodynamic storm water filter/manhole just upstream from the wet detention pond. The second BMP is the wet detention pond which controls storm water release rates and encourages silt, sediment and other debris to settle out of storm water before it is released. Both these BMP's will be constructed and located within the Easement Area, in the manner and areas specified on the plans and in the Permit. Additionally, both BMP structures, collectively referred to as the "Storm Water Quality System", shall be maintained by Grantor, at Grantor's expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor's obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing reasonable notice to Grantor. to perform, at Grantor's expense, such maintenance, repair, modification and/or replacement of the Storni Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney's fees. Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties' respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee's rights under this Easement. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel. Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he or she has been duly authorized by Grantor to execute and deliver this Easement, and that all actions, votes, approvals and/or restrictions necessary to allow the execution and delivery of this Easement have been undertaken. By /Jc war ---- Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared //V-nfl i i//-rA,g.,, who �n�dged execution of the foregoing Easement for and on behalf ofc"r ,,thatil�,i/cr r Get C___ Witness my hand and Notarial Seal this 1 2Th day of TG�6l�iQ U , 2015. My Commission Expires: f: rthrlillt P3 2U%(o Notary Public ( Residing in County Ci V . D Printed Name ATTEST: EVA D. BOYD Nutary Public, State of Ohio My Commission Expires February 7,2016 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY `-not P4t,s2- n James Brainard, Mayor Date: *1t Burke Date: /2/a//s- 1 // I! Sandra M Johnson De • uty Clerk For Diana L. Cordray, IAMC, Clerk -Treasurer Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the"City of Carmel, Indiana Board of Public 4ks & Safetyand acknowledged executio of the foreeoing Easement for and on behalf of City of Carmel, Indiana Board of Public Wor s & Safety. / Witnessfmy hand and Notarial Seal this My Commission Expires: Re/siding in County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) da of (2015. 7otary Public Printed Name Before me, a Notary Public in and for said County and State, personally appeared Mary Ann Burke, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety.. Witness my hand and Notarial Seal this and day of c _Tti%r , 2015}, My Commission Expires: '//n/' 7 Residing in ,(Y� 6 l df!-6ounty STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Notary Public C Q,nn tau Printed Name Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Cannel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Cannel Board of Public Works & Safety. Witness my hand and Notarial Seal this . day of , 2015 My Commission Expires: '*/ fib Residing in unty STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) e � nJ Notary Public � � Before inc a rotary Public in and for said County and State, personally appeared'Diana- -lrGlelKty -IA tt Clerk Treasurer of the City of Cantel, Indiana and acknowledged Q tri execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana. Witness my hand and Notarial Seal this My Commission Expires: County 20 Notary Public l ltdnn b1-1) Printed Name Pursuant to IC 36-2-11-15(6)(2), 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 — Douglas C. Haney Prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, IN 46032 Return to: Exhibit A Drainage Easement Part of the West Half of the Northeast Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of the West half of the Northeast Quarter of said Half Quarter Section, thence North 00 degrees 15 minutes 39 seconds East a distance of 542.11 feet; thence North 35 degrees 52 minutes 19 seconds West a distance of 30.57 feet to the Point of Beginning; thence North 00 degrees 55 minutes 30 seconds West a distance of 208.37 feet; thence North 28 degrees 12 minutes 53 seconds East a distance of 45.65 feet; thence North 00 degrees 05 minutes 45 seconds East a distance of 85.97 feet; thence North 44 degrees 54 minutes 15 seconds West a distance of 71.90 feet; thence South 89 degrees 05 minutes 32 seconds West a distance of 275.57 feet; thence South 44 degrees 05 minutes 32 seconds West a distance of 58.35 feet; thence South 81 degrees 47 minutes 14 seconds West a distance of 71.44 feet to a point of curvature of a curve to the left, having a radius of 819.43 feet and a length of 30.00 feet, and a long chord bearing South 08 degrees 11 minutes 50 seconds East and a chord distance of 30.00 feet; thence North 81 degrees 47 minutes 14 seconds East a distance of 66.81 feet; thence South 12 degrees 09 minutes 31 seconds East a distance of 81.01 feet; thence South 74 degrees 30 minutes 20 seconds West a distance of 33.45 feet to a point of curvature of a curve to the right, having a radius of 632.50 feet and a length of 159.14 feet, and a long chord bearing South 08 degrees 18 minutes 52 seconds East and a chord length of 158.72 feet; thence South 01 degree 06 minutes 24 seconds East a distance of 90.99 feet; thence North 88 degrees 53 minutes 36 seconds East a distance of 20 feet; thence North 01 degree 06 minutes 24 seconds West a distance of 90.99 feet to a point of curvature of a curve to the left, having a radius of 652.50 feet and a length of 106.13 feet, and a long chord bearing North 05 degrees 45 minutes 58 seconds West and a chord length of 106.01 feet; thence North 69 degrees 21 minutes 35 seconds East a distance of 148.94 feet; thence North79 degrees 35 minutes 57 seconds East a distance of 35.20 feet; thence North 00 degrees 54 minutes 28 seconds West a distance of 15.09 feet; thence North 89 degrees 05 minutes 32 seconds East a distance of 60.04 feet; thence South 69 degrees 17 minutes 42 seconds East a distance of 84.95 feet; thence South 00 degrees 55 minutes 30 seconds East a distance of 214.64 feet; thence North 89 degrees 06 minutes 43 seconds East a distance of 15.00 feet to the Point of Beginning, and containing 1.57 acres, more or less. 1 of 2 6 89.0532' W ,N 4 4 B- 2]55]' .` v NIL eS 5j y0 °90'\11- 1 581°47'14' W --eb '. R= 819.431 L=3000' b" ]144' LONG CHORD = S 08'1150" E CHORD =30.00' 47141E ®-'---668t' 1tniL IwI N \1� z -.10 ? ?.1 ;m N 8905'32" E W I� 11 11 N]35.20T'E 60.04' �Se9, -t' � 38.20'\ - n N00'54'28"W ``ea yszF •�i10 `5 74•30'20' W ' c'__1 1509', ta 1 33.45' v m Lei EXHIBIT A 2of2'-- A&F ENGINEERING Transponation & S e Engineering 8363 Keystone Crossing. Suite 201 Indianapolis. IN. 46240 (3170202-0864 m�l am PROJECT: POINT BLANK RANGE & GUNSHOP CARMEL, INDIANA R=632 RD= LONG CHORD CHORD= L =159 158. \ 11` 8 .72' R' 1 11 111 1 1 1 I1 11 1 8 1 E 1 1 b9°2 LJ5\4119 5‘19,. 9 111 1 11 11 R = 652.50'; L = 106.13' 1� LONG CHORD = N 05.4558" W CHORD = 106.01' 1 - a 7 TITLE: GRANT OF PERPETUAL EASEMENT w A b N$ IL 3 0 e� POINT OF BEGINNING S° S • $ POINT OF COMMENCEMENT SE COR., W 1/2, NE 1/4 b SEC. 35, TiBN, R3E N 89°06'43" E&- \ ts4 - N 35°52'19" 30.57's7' N118°51'16' F --4 w =50 :rySCALE, 8''Y'-- L..._-__________- __-:..- ___ -::__::::_::-_:_-- ,----====-----------------_____----- 06-05-14 9i491 No ESMT 1 1 November 24, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 SLI LI 0 0 0 1±1 1.« OC30 0 ®n 090,`' CITY 0 ' AItMEL JAMES BRAINARD, MAYOR RE: POINT BLANK RANGE AND GUN SHOP — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: Mr. Thomas Willingham, Carmel Real Estate Holdings, LLC, has requested the City accept a Grant of Perpetual Storm Water Quality Management Easement for the development of the Point Blank Range and Gun Shop project, to be located at approximately City Center Drive and Hancock Street. (Part of the West % of the N.E.'''4 of Section 35, Township 18 North, Range 3 East) The easement consists of 1.57 acres and encompasses the storm water quality system for the project. Attached are the required grant of easement forms signed by the petitioner. Cross Reference to Deed information has been supplied by the petitioner. The Department of Engineering has reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Jeremy Kashman, P.E. City Engineer Attachments S:\BPW 15\MISC\POINTBLANKGRANTOFSTORM WATERESMT.DOC DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 Fax 317571.2439 EMAII. engineering©cannel.in-goe