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Home My WebLink Aboutrecorded storm water easement weston pointe2019040701 EASEMENTS $25.00 08/30/2019 09:12:48A 7 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented Cross Reference to Deed: A2016055540 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the Weston -Michigan Realty 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; 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 buildings and provide stormwater facilities on the Real Estate and, in connection with the construction, development and operation of the Shoppes at Weston Pointe, 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 `Basement Area"). Section 2. Storm 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, existing detention pond permanent catch basin 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 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 Ouality 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 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 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. Weston -Michigan Realty LLC, An Indiana limited liability company By Jay D. Stein Its: Co -Chief Operating Officer Date: October �, 2017. STATE OF ARIZONA ) )SS: COUNTY OF MARICOPA ) Before me, a Notary Public in and for said County and State, personally appeared Jay d. Stein, who acknowledged execution of the foregoing Easement for and on behalf of Weston - Michigan Realty LLC. Witness my hand and Notarial Seal this 17 day of October , 201 T My Commission Expires: iding i _ _ _ _ _ _ County Notar� otar yPu•Lblic4el4^_ NP BRENDA L. HARPER Printed Name Notary Public - Arizona *My Maricopa County Comm. Expires Jun 2, 2020 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY James Brainard, Mayor Date: Mary Ann Burke Date: ATTEST: Lori Watson Date: 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 Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, 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 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 day of , 20 My Commission Expires: Residing in County Notary Public Printed Name 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 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 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: Residing in County Notary Public 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: BMP/20 foot DRAINAGE EASEMENT LEGAL DESCRIPTION: PART OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 49 MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE THEREOF 2002.63 FEET; THENCE NORTH 19 DEGREES 54 MINUTES 03 SECONDS WEST 612.23 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS WEST PARALLEL WITH SAID SOUTH LINE 172.19 FEET; THENCE NORTH 19 DEGREES 54 MINUTES 03 SECONDS WEST 596.36 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS WEST PARALLEL WITH SAID SOUTH LINE 258.48 FEET; THENCE NORTH 16 DEGREES 50 MINUTES 16 SECONDS WEST 805.27 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS WEST PARALLEL WITH SAID SOUTH LINE 22.66 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 00 SECONDS WEST, PERPENDICULAR WITH THE NORTH LINE OF THE PARENT TRACT, 11.83 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 19 DEGREES 49 MINUTES 41 SECONDS EAST, 70.13 FEET; THENCE SOUTH 16 DEGREES 49 MINUTES 26 SECONDS EAST, 135.47FEET; THENCE SOUTH 34 DEGREES 56 MINUTES 44 SECONDS WEST, 107.63 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF A RETENTION POND EASEMENT PER INSTRUMENT No. 2004-78540, RECORDED IN THE HAMILTON COUNTY, IN RECORDERS OFFICE; THENCE SOUTH 70 DEGREES 38 MINUTES 47 SECONDS WEST, 25.37 FEET, ALONG ON THE NORTHWESTERLY LINE OF A RETENTION POND EASEMENT PER INSTRUMENT No. 2004-78540; THENCE NORTH 45 DEGREES 07 MINUTES 42 SECONDS WEST, 170.25 FEET; THENCE NORTH 16 DEGREES 49 MINUTES 28 SECONDS WEST, 115.52 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 32 SECONDS EAST, 20.00 FEET; THENCE SOUTH 16 DEGREES 49 MINUTES 28 SECONDS EAST, 110.48 FEET; THENCE SOUTH 45 DEGREES 07 MINUTES 42 SECONDS EAST, 156.43 FEET; THENCE NORTH 34 DEGREES 56 MINUTES 44 SECONDS EAST, 97.31 FEET; THENCE NORTH 16 DEGREES 49 MINUTES 26 SECONDS WEST, 125.24 FEET; THENCE NORTH 19 DEGREES 49 MINUTES 41 SECONDS WEST, 69.60 FEET; THENCE NORTH 70 DEGREES 10 MINUTES 19 SECONDS EAST, 20.00 FEET, TO THE POINT OF BEGINNING. 23 f\ 1 .1 r I I � 513��p32E 20 p0� f I I I Iz z I Ir lip m !'nI �I Ilv IIC yl ` I ' I I -, I I I � 1 I I , ♦ \ `a\ BUILDING 4455 \ MLAG/MFPG=904.00` 2\P Nx\\9 RESTAURANT 5,151 sq.ft. o F.F.E. = 904.50' 4455 N89°49'00"W Z66' RETAIL BUILDIN 13,872 sq.ft. F.F.E.=g94.14' -A -A , j� 20' BMP/DRAINAGE ♦. 1.\�. FiA/ , SEMENT (TYP) I // / 51�25� RETENTION POND EASEMENT �- INSTR. No. 2004-78540 \ rNEW DRAINAGE EASEMENT POND 100-YEAR BFE 899. 6' ACCESS THROUGH MLAG/MFPG=901.96' FRONTAGE DRIVE & INSTRUMENT No. 2004-78540' Z� 0-0 O J °J X