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Home My WebLink AboutStormwater BMP EasementCross Reference to Deed: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the JKB Properties, LLC and BRU Carmel RE, LLC (Tenants in Common), (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 on the Real Estate and, in connection with the construction, development and operation of the 12955 Old Meridian Remodel project, 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. 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, 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 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 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. � � I* By: -qq JKB Properties, LLC I Date: I { ;Z-V) � STATE OF INDIANA ) )SS, COUNTY OF HAMILTON ) — -,// � C---�;� By: All�Gti'G?//6L��%/G BRU Carmel RE. LLC Date:_—� Before me, a Notary Public in and for said County and State, personally appeared YlcL-NLn u , who acknowledged execution of the foregoing Easement for and on behalf of 1C ru k� Pa LLC Witness my hand and Notarial Seal this 0 i sk day of 1V p (j,�ll � , 20_d. My Commission Expires: 6L 4L;tq�L N bvw-Ay 0 t , dp21a Nota Public Residing in JA 01, County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) ,Siza nlici Hunter' NotarY Marlon Coup Indtafla 5} SEAt * = Commission Number rNmiam ]1R�'rnCommission tWx�irw [` • n1 020 1caere me, a Notary Public in and for said County and State, personally appeared t , ti A , who acknowledged execution of the foregoing Easement for and on behalf of VL (&h16 RiF Witness my hand and Notarial Seal this �i ;x day of N b\(t 6, 2014. My Commission Expires: Of WbV 0 I pa,� Nota Public Residing in MOVIMCounty Printed Name 'StY PV , r: e.La rZena blunter Notary Public, State of Indiana t SEAL Marion County * * Commission Number raat�7im ; MY Commission November 01, 2026 AAAGroup Land Surveyors A Civii Design Construction Layout 494 Gradle Drive Carmel, Indiana 46032 Phone:317.844.3333 in#ocarmel@v3co.com a V3 Company GRAPHIC SCALE 0 15 30 5o 1 inch = 30 Feet 5� 2000. POS Ova �rybh yh�y \ / \ O>,. 7 `SSg. Poe EASEMENT EXHIBIT PT OF LOTS 1-3 IN RA FRANKE`S SUBDIVISION DRAWING PREPARED BY: HMS DRAWING SCALE: 1" = 30' DRAWING DATE: 11/13/2019 PROJECT #: 19568 PROPERTY ADDRESS: 12955 OLD MERIDIAN STREET CARMEL, IN 46032 DRAWING PREPARED FOR: PHANOMEN DESIGN 934 FORT WAYNEAVE INDIANAPOLIS, IN 46202 LOT 1 41 °� 9 F \ SHOO S9 28„ �C"' eel 119, !y 8 ¢-7O, BRU CARMEL RE, LLC & JKB PROPERTIES, LLC INSTRUMENT 12015--00965 GOT 2 LOT 3 LO d- N CD \ w� .� POC _ o n ao � E L, a P O N F, o`` C' to �S 88'09'36" E ! 5.00' N 88'09'36" 25.00' PROPOSED EASEMENT DESCRIPTION: OUT OF INST. ff2015-00965 A PART OF LOTS NUMBERED 1, 2, AND 3 IN R.A. FRANKE'S SUBDIVISION, AS PER PLATTHEREOF RECORDED IN DEED RECORD 128, PAGE 197 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN SAID FRANKE'SSUBDIVISION; THENCE NORTH 00 DEGREES 46 MINUTES 33 SECONDS EAST (BEARINGASSUMED FROM INDIANA STATE PLANE EAST)11.87 FEET; THENCE NORTH 54 DEGREES 30 MINUTES 07 SECONDS WEST 126.81 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 35 DEGREES 29 MINUTES 53 SECON DS WEST 25,29 FEET; THENCE SOUTH 54 DEGREES 00 MINUTES 28 SECONDS EAST 120.29 FEET; THENCE SOUTH 20 DEGREES 31 MINUTES 32 SECONDS EAST 35.84 FEET; THENCESOUTH 01 DEGREES 50 MINUTES 24 SECONDS WEST44.92 FEET; THENCE SOUTH 88 DEGREES09 MINUTES 36 SECONDS FAST 5.00 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 24 SECONDS WEST 25.D0 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 36 SECONDS WEST25.130 FEET; THENCE NORTH 01 DEGREES 50 MINUTES 24 SECONDS EAST 65.97 FEET; THENCE NORTH 20 DEGREES 31 MINUTES 32 SECONDS WEST 25.87 FEET; THENCE NORTH 54 DEGREES 00 MINUTES 28 SECONDS WEST 134,10 FEET; THENCE NORTH 35 DEGREES 29 MINUTES 53 SECONDS EAST45.12 FEET; THENCE SOUTH 54 DEGREES 30 MINUTES 07 SECONDS EAST 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.123 ACRES (5349 SQUARE FEET), MORE OR LESS. A PART OF LOTS NUMBERED 1, 2, AND 3 IN R.A. FRANKE'S SUBDIVISION, AS PER PLATTHEREOF RECORDED IN DEED RECORD 128, PAGE 197 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHEAST CORNER OF LOT 1 IN SAID FRANKE'S SUBDIVISION; THENCE NORTH 00 DEGREES 46 MINUTES 33 SECONDS EAST (BEARING ASSUMED FROM INDIANA STATE PLANE EAST) 11.87 FEET; THENCE NORTH 54 DEGREES 30 MINUTES 07 SECONDS WEST 126.81 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 35 DEGREES 29 MINUTES 53 SECONDS WEST 25.29 FEET; THENCE SOUTH 54 DEGREES 00 MINUTES 28 SECONDS EAST 120.29 FEET; THENCE SOUTH 20 DEGREES 31 MINUTES 32 SECONDS EAST35.84 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 24 SECONDS WEST44.92 FEET; THENCE SOUTH 88 DEGREES 09 MINUTES 36 SECONDS EAST 5.00 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 24 SECONDS WEST 25.00 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 36 SECONDS WEST 25.00 FEET; THENCE NORTH 01 DEGREES 50 MINUTES 24 SECONDS EAST65.97 FEET; THENCE NORTH 20 DEGREES 31 MINUTES 32 SECONDS WEST 25.87 FEET; THENCE NORTH 54 DEGREES 00 MINUTES 28 SECONDS WEST 134.10 FEET; THENCE NORTH 35 DEGREES 29 MINUTES 53 SECONDS EAST45.12 FEET; THENCE SOUTH 54 DEGREES 30 MINUTES 07 SECONDS EAST 20.00 FEETTO THE POINT OF BEGINNING, CONTAINING 0.123 ACRES (5349 SQUARE FEET), MORE OR LESS. CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: James Brainard, Mayor Date: Mary Ann Burke Date: Lori Watson Date: Christine S. Pauley, CIerk-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 My Commission Expires: Residing in County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) day of , 20_ Notary Public Printed Name 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 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 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 My Commission Expires: Residing in County Notary Public Printed Name 20_ 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, Esq. Prepared by: Douglas C. Haney, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032