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Home My WebLink AboutBMP Easement (recorded) Badger FieldDoa iSign Envelope ID: E2587D79-6CD6-44A8-A366-AAAl OC463146 2020058026 EASEMENTS $25.00 08/26/2020 12:09:58P 10 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented _�1I[IUIIIII[I[f<I[Illl[lIl1I[Illy[I[III�[II�I1fI[Illffl[llll�[I� Cross Reference to Deed: 85-9891 (Book 350, Page 93) GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is made by and between Carmel Dads' Club, Inc., an Indiana non-profit corporation (the "Grantor") and the City of Carmel, Indiana (the "W"), by and through its Board of Public Works & Safety (the "Grantee"), on this It"'day of Agcot , 2020; 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 transfer a portion of the Real Estate to the Clay Township of Hamilton County Indiana, an Indiana political subdivision (the "Township"), and the Township intends to construction certain park and recreation improvements on a portion of the Real Estate and, in connection with the construction, development and operation of such park and recreation improvements, 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 agree as follows: Section 1. Easement. Grantor hereby grants to Grantee a non-exclusive, perpetual easement over, under, and through that portion of Real Estate as 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. 1\15361372.6 DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA1oC463146 Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all reasonable 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. Grantee shall indemnify, defend and hold Grantor harmless from any and all actions, liabilities and/or damages arising directly out of Grantee's negligence or misconduct in exercising Grantee's rights under this Section 3. 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, subject to any notice and cure rights provided to Grantor under the Permit and/or any of the Ordinances, shall have the right, but not the obligation, after providing reasonable notice to Grantor, to perform, at Grantor's expense, such reasonable 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. Grantee shall promptly provide an invoice and reasonable supporting documentation of any work performed under Section 5, and Grantor shall reimburse Grantee for the reasonable costs and expenses incurred by Grantee in the performance of such maintenance, repairs, modifications and/or replacements specified in Section 5 above within thirty (30) days of receipt of such invoice. 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 and the obligations of the "Grantor" and "Grantee" 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 unreasonably 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 DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146 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. [signatin-e pages follows] bocu5ign ,Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146 IN WITNESS WHEREOF, the parties have caused this Easement to be effective as of the first date written above. GRANTOR: CARMEL DADS' CLUB, INC., an Indiana non- profit corporation By: ack Beery, Presided WITNESS: (Signature) i , �f}7r �.� L W roit�ll� (Printed Name) STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Jack Beery, President of Carmel Dads' Club, Inc., an Indiana non-profit corporation, who acknowledged execution of the foregoing Easement for and on behalf of such non-profit corporation. Witness my hand and Notarial Seal this Z. day of P�J,c Us, , 2020. My Commission Expires: r Notary Pub 'c Residing in Q ►.-, County 4'G�p V%_ _*'21 � �.- Printed Name ;HRISTOPI-IER P. LARKIN Notary Public State of Indiana Commission No. 562709 My Commission Expires March 15, 2023 docuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAAlOC463146 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared �- e-w to oil- e who, under oath, affirms that he/she witnessed the execution of the foregoing Easement by Sic l4 12), U the �('e 5 of �,l` Kit •L� t ` � V 1 N c, , a(n) I tia V A, c.'> 1Py4 �' o r� 4-11- Witness my hand and Notarial Seal this V2� day of August, 2020. I am a resident of County,, My commission expires: ..I-c — t r I 2_0 2, 3 Notary Pub is Printed: (�A rk_s'�p,p��,- CHRIS i OPNF_R P. LARKIN Notary Public State of Indiana Commission No. 562709 My Commission Expires March 15, 2023 DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: FDocuSlpn�sQd.,,b-y: ;'S j�!'' .. rl James raihard, Mayor Date: 8/19/2020 DocuSigned by. I An, 6A& Mary Ann Burke Date: 8/19/2020 Docuftned by: �dIR U11a�fsaw Lori Watson Date: 8/19/2020 FDooustpn.d by: Sum. UJA644 Sue Wol gang, Clerk Date: 8/19/2020 [Note: City to add any additional witness/notary prior to execution.] 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 Sea] this �� day of , 20-IQ My C mmission Expires: W.�M1 L-4- Notary Public Residing in 11 1 CountyLC�JA Printed Name :��` •._,.. ;O;�rj��i�� s=� %0TitAr�` pV8Lie00 �•. «...••r' o�A DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA1 OC463146 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 9 day of , 20,2D My Commis ion Expires: Residing in County STATE OF INDIANA COUNTY OF HAMILTON )SS: } - � I za I ' �*-' d t Notary Public 0%1011 A M S % 104i �F oa •1a.:� OTA �- Printed Name N R V Z SEAL `= A dopol PUBLIC / �NTY, S.� ,�� 1i11110 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 1 day of N ; , 20n My KhACo msio x i e . m' Residing in Rwl�kui County Notary Pu 1 is W� Printed Name .�`��SP M Sco !'O �' ,. ••• ••.• `e�g10N EX • AVI 0TAn y�V* Z SEAS +_ PUBLIC s 2 �60118111100! DocuSign,Envelope ID: E2587D79-6CD6-44A8-A366-AAA1oC463146 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial S;�',�ti�88� My C mmissio Ex Tres: `�a� ,.•�loco 'axSSt°"`gyp 4P _ N Residing in t Court 2 ; PUBLIC �'i 0 SiP'�; day of):�-L, 2{ X tc 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 DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146 EXHIBIT "A" LEGAL DESCRIPTION A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 56 MINUTES 04 SECONDS EAST (ASSUMED BASIS OF BEARINGS) 662.86 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 01 DEGREES 59 MINUTES 51 SECONDS WEST 280.02 FEET; THENCE SOUTH 27 DEGREES 37 MINUTES 45 SECONDS EAST 106.09 FEET; THENCE SOUTH 04 DEGREES 25 MINUTES 48 SECONDS EAST 128.44 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 02 SECONDS EAST 610.98 FEET TO A POINT ON THE NORTH LINE OF LOT 2, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 52 MINUTES 26 SECONDS WEST 25.00 FEET ALONG THE NORTH LINE OF LOT 2; THENCE SOUTH 00 DEGREE 02 MINUTES 02 SECONDS EAST 59.76 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 56 SECONDS WEST 561.07 FEET; THENCE SOUTH 67 DEGREES 09 MINUTES 26 MINUTES WEST 27.06 FEET, THENCE SOUTH 89 DEGREES 49 MINUTES 36 SECONDS WEST 39.99 FEET TO THE BEGINNING OF A TANGENTIAL CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 19.00 FEET, BEING SUBTENDED BY A LONG CHORD BEARING OF SOUTH 44 DEGREES 52 MINUTES 09 SECONDS WEST, FOR 26.85 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 18 SECONDS EAST 412.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 31.00 FEET, BEING SUBTENDED BY A LONG CHORD BEARING OF SOUTH 45 DEGREES 04 MINUTES 55 SECONDS EAST, FOR 43.84 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 45 SECONDS EAST 234.68 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 13.00 FEET, BEING SUBTENDED BY A LONG CHORD BEARING OF NORTH 41 DEGREES 23 MINUTES 27 SECONDS EAST, FOR 19.47 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 04 SECONDS WEST 47.44 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 13.00 FEET, BEING SUBTENDED BY A LONG CHORD BEARING OF NORTH 45 DEGREES 09 MINUTES 53 SECONDS WEST, FOR 18.37 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 42 SECONDS WEST 173.23 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5.00 FEET, BEING SUBTENDED BY A LONG CHORD BEARING OF NORTH 45 DEGREES 02 MINUTES 21 SECONDS WEST, FOR 7.06 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 59 SECONDS WEST 163.59 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 56 SECONDS EAST 11.84 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 04 SECONDS WEST 208.70 FEET; THENCE NORTH 89 DEGREES 47 MINUTES 57 SECONDS EAST 571.40 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 02 SECONDS WEST 79.89 FEET TO THE POINT OF BEGINNING, CONTAINING 1.61 ACRES MORE OR LESS. „8„ IIBIHX3 £Z6L-LSZ (X04 8£Lt-tSZ (LL£) 1N3H3Sd3 dW8 V 30VNIV?Ad :N0lldl8:DS3 8LZ9tl NI 'silodauaipul ozoz—oL-80 =31bOVOH MON f L*,L C1 a$s,yWoaIToorii ,OS l = . l :31dOS Nb'`ld rJ�� MA 0`I313 2i30ad8 �3WdN 183E 02id (IHVA& XaD(M • t'8'£t► 3„SS,t0.9*S=H0 L�►'6l 3„LZ.£Z.Ii�N=HO 00'L£=8 'OL'8�6=� 00'£ t=N ' LO'ZZ=I ;89'*£Z 3„S•6,£9_6QN_� 00'£t=N 'oi,'OZ=l�-� _. — 1 ,£Z'£L t M„ Zti.8S.68N� I 90'1 M„ LZ,ZO.S-VN=HO I I 00'9=N 't•8'L= l o ATM M.,6S,SO.ON�I c ,*8'tl 3„ 9S,9t.68N I ou m _ I.p w I cis oI ,68'6L M„ZO,ZO.ON N I I 0 00 ,OtI' LLS 3„ LS.L*.68N ,LO'l9S M.,99,9t.68S 9L'69 3„ZO,Z0.05 ,90'LZ Ma9Z.60.L9S 19e'9Z M,.60.Z9."S=H3 100'9Z M.,9Z,Z9.68S ,66'6£ M.,9C.6t.68S 00'61-2! 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