HomeMy WebLinkAboutCHILDRENS-THERAPLAY-BMP EasementCross Reference to Deed: 2004-59660
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the is by and between the Lucky. LLC, (the "Grantor") and the
City of Cannel, 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;
WITNESSETH THAT:
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 construct building additions and Provide stormwater
facilities on the Real Estate and, in connection with the construction, development and operation of
the The Children's TherAnlav Foundation. Inc., the City has approved or will approve a Storrs
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 store 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 terns 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. Storrs Water Quality System. Located or to be located within the Easement Area, in
the manner and areas specified in the Permit, is certain drainage and storm water quality
infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration
basins, pipes, infiltration trench, temporary catch basin inserts and structural and non-
structural best management practices (collectively the "Storm Water Quality System") to be
constructed, installed and 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
RELEASED FOR CONSTRUCTION napecting, examining, monitoring, testing
it) identifying and verifying compliance
Subject to compliance with all regulations
of State and Local Codes
ee City at Canni�el ((��
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DATE: \ 10/30/19
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 Sturm Water Quality System is not
diminished from the capabilities set forth in the Permit and (ii) the Stoma Water Quality System
remains in compliance with the Permit and the Ordinances.
Section 5. Failure of Sturm Water Ouality Svstem. 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 Storm 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 Gmntce 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 more 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 Ibis
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. Authori . 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
vals and/or RELEASED FOR CONSTRUCTION beenundertaken.rest ctions necessary to
Subject to compliance with all regulations
of State and Local Codes
City of Camel
1,"
DATE: 10/30/19
name
By
(Signed)
Date:
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
who acknowledged execution of the foregoing Easement for and
on behalf of
Witness my hand and Notarial Seal this day of , 20.
My Commission Expires:
Notary Public
Residing in County
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Date:
Mary Ann Burke
Date:
RELEASED FOR CONSTRUCTION
Subject to compliance with all regulations
of State and Local Codes
City of Cannel
DATE: 10/30/19
ATTEST:
Christine S. Pauley, 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 Cannel, Indiana Board of Public Works & Safety and
acknowledged execution of the foregoing Easement for and on behalf of City of Centel, Indiana
Board of Public Works & Safety.
Witness my hand and Notarial Seal this day of 20
My Commission Expires:
Notary Public
Residing in County
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Mary
Ann Burke, a member of the City of Camtel, 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 day of
My Commission Expires:
Residing in
Notary Public
Printed Name
RELEASED FOR CONSTRUCTION
Subject to compliance with all regulations
of State and local Codes
City of Camel
DATE: 10/30/19
20_.
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Lori
Watson, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works
& Safety.
Witness my hand and Notarial Seal this
My Commission Expires:
Notary Public
Residing in County
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
in
Before me, a Notary Public in and for said County and State, personally appeared
Christine S. Pauley, the Clerk Treasurer of the City of Carmel, Indiana and acknowledged
execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of , 20.
My Commission Expires:
Notary Public
Residing in County
Printed Name
Pursuant to IC 36-2-11-15(b)(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:
RELEASED FOR CONSTRUCTION
Subject to compliance with all regulations
of State and local Codes
ee City at Carm�el ((}}
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DATE: 10/30/19
EXHIBIT A
INGRESS/EGRESS & BMP DRAINAGE EASEMENT
That portion of the site labeled as 'INGRESS/EGRESS ACCESS & BMP DRAINAGE
EASEMENT". The following is a description of a parcel of real estate located in Carmel,
Indiana being a part of the land described in deeds for Lucky, LLC Instrument No.
9909922622, in the Office of Recorder, Hamilton County, Indiana, being Part of the Southwest
Quarter of Section 9, Township 17 North, Range 3 East, of the Second Principal Meridian, in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter of Section 9, thence South 00
degrees 25 minutes 23 seconds East, (assumed bearing), along the West line of the
Southwest Quarter of Section 9, to the POINT OF BEGINNING; thence North 88 degrees 51
minutes 16 seconds East, 544.50 feel; thence North 5 degrees 41 minutes 17 seconds Fast,
57.52 feet; thence North 75 degrees 22 minutes 17 seconds East, 112.26 feet; thence South
12 degrees 41 minutes 17 seconds East, 65.66 feet; thence South 79 degrees 15 minutes 09
seconds West, 68.78 feet; thence South 3 degrees 34 minutes 16 seconds West, 27.57 feet;
thence South 88 degrees 51 minutes 16 seconds West, 603.61 feet, to the West line of the
Southwest Quarter of Section 9; thence North 00 degrees 25 minutes 23 seconds West,
20.00 feet, along the West line of the Southwest Quarter of Section 9, to the POINT OF
BEGINNING.
RELEASED FOR CONSTRUCTION
Subject to compliance with all regulations
of State and Local Codes
City of Camel
DATE: 10/30/19
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Subject to compliance with all regulations
of State and Local Codes
City of Camel
DATE: 10/30/19
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DATE: 10/30/19
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