HomeMy WebLinkAboutArtistic Composite Pallets/ENG/4518 W 99th Street - Grant of Perpetual Storm Water Quality Mgmt Easement DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5
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JAMES BRAINAI21), MAYOR
February 8,2022
Board of Public Works and Safety
One Civic Square
Carmel,Indiana 46032
RE:ARTISTIC COMPOSITE PALLETS—GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT
EASEMENT
Dear Board Members:
The property owner of Artistic Composite Pallets at 4518 W 99th Street has requested the City accept a
Grant of Perpetual Storm Water Quality Management Easement associated with their proposed parking
lot expansion project.
Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents.
The Department of Engineering has reviewed the attached forms and found them sufficient for Board
signatures.
Sincerely,
Jeremy Kashman,P.E.
City Engineer
DEI'AR7\IEYI of ENGINEERING
ONE Civt Sgt:ARE.Coml.. IN 46032 OFFICE.317.571.24.11 FAX 317.571.2-139
EIAII enginLeringgavnal.in.}Nn-
DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5
Cross Reference to Deed: 202088124
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement(the"Easement") is by and between the ACP 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 expand the existing parking facilities on the Real Estate and,
in connection with the construction, development and operation of the property, 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"(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, hydrodynamic separators,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
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,
DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5
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.
DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5
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.
ACP Realty,LLC
By:
Printed Name
Date: I/2 rr/zo2
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
1Jq1-Pv•n A . Bp s4-iAJ , who acknowledged execution of the foregoing Easement for and
on behalf of f2 G to f rfI L1 /-LG
Witness my hand and Notarial Seal this 3 (, day of STA„i Ally ,201
My Commission Expires: Cl 1t<
Notary Public
Residing in I:J‘QON(--' County VlGate, A- �A)Nj
Printed Name
�Aav 134? Vickie A.
z Kenney
* �� �I NY&v Pubic-S1:iri:Of Ird,ana
Ccm:„s.c,:^. r-)r CS72742
I
''�cr.Nvi. My Ccmmisson Expres 10;21/2023
ii
DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5 l
CITY OF CARMEL BOARD OF PUBLIC WORKS&SAFETY
f—DocuSigned by:
pci
"-9/25 218D6431..
James t ramard,Mayor
2/16/2022
Date:
n,DomSignn
ed dby:
art;
tiP1M%EBurke,Member
2/16/2022
Date:
-DocuSigned by:
tort ( sot&
`--)s, 3'1 dn,Member
Date: 2/16/2022
ATTEST:
LDocuSigned by:
Sud. L /+K
41R3ig, Clerk
2/16/2022
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.
6'7� February Witness my hand and Notarial Seal this / 22
da o , 20
My Commission Expires:
P/C/-- ---
12/15/2029 Notary Public
Hamilton Holly J Harmeyer
Residing in County
Printed Name
o1Py'P"/ HOLLYJ. HARMEYER
?•••••.e''s Notary Public,State of Indiana
- 'SEAL "' Hamilton County
*., •*�Commission Number NP0737882
', /4;;•1ANP:-- My Commission Expires
',"i,„i„0 December 15,2029
DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5
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:
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 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
DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5
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 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—
Jon Oberlander,Esq.
Prepared by: Jon Oberlander, Interim 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:B6B150F3-9C41-4654-A312-7ECD21F192F5
Land Description
Artistic Composite Pallets"BMP"Drainage Easement
A Part of Lot 4B,Block 3,Mayflower Park Repfat,as per plat thereof recorded as
Instrument Number 2021022441 and filed in Plat Cabinet 6,Slide 82 in the Office of the
Recorder of Hamilton County,Indiana,being a 20 foot wide strip of land,more
particularly described as follows:
Commencing at the southwest corner of said Lot 4B,thence North 0 degrees 51
minutes 22 seconds West along the west line of said Lot 4B a distance of 32.00 feet to
the Point of Beginning;thence North 89 degrees 28 minutes 49 seconds East parallel
with the south line of said Lot 4B a distance of 293.71 feet;thence South 0 degrees 31
Curve Data minutes 11 seconds East 20.00 feet;thence North 89 degrees 28 minutes 49 seconds
R = 440.00� East 20.00 feet;thence North 0 degrees 31 minutes 11 seconds West 40.00 feet;
L = 355.29 thence South 89 degrees 28 minutes 49 seconds West 314.28 feet to the west line of
said Lot 48;thence Southerly along said west line a distance of 20 feet to the Point of
Beginning and containing 0.153 acres,more or less.
tD i\
I
N, Lot 4B Block 3
Mayflower Park
1�
WIDE "BMP" DRAINAGE EASEMENT SCALE: 1"=60'
I
7....z). -201
7YiiZ7iY/7Z74S892288'49"WW - 314.28'POINT OF i
N89'28'49 E — 293.71' 1
1
11 3 S S89'28'50"W — 544.18'
It C M POINT OF COMMENCEMENT
8 SW COR. LOT 48
z
s
f
a 1 S00'31'11"E 20.00'
1 2 N89'28'49"E 20.00'
3 NO'31'11"W 40.00'
4 Southerly 20' to POB
i Artistic Scale: 1"=60'
$ AMERiiAA Composite Drawn By: MAP 1 of 1
■ STRUCTUREPOINT pallets BMP Hamilton County
x Indiana Checked By: EE
1 Easement i
S. ®U]3PoarRewl.=,r..soaib.a+Md�..Wr,.4,2w Date: 1216I1021 �i
q reunsossaoi p0in s.os7o Job No.: 2021.01816
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