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HomeMy WebLinkAboutPerpetual Storm Water Quality Management Easement; Kutanovski, Property Owners; 11621 Williams Creek Drive; EngineeringDocuSign Envelope ID: 9E924DDF-D104-48BB-A216-96A773A6C2F9 ■ ■ lot ■ _1ANIFs BRAINARD, MAYOR July 12, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. 11621 WILLIAMS CREEK DRIVE —GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: The property owner at 11621 Williams Creek Drive has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction of a new residence. 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, e.` ;� Jeremy Kashman, P.E. City Engineer I)eP.A I.W.N*l rp F.\(A\E:RINt, ON]: Cnlc OUARF. CARMEL. IN' 14032 OmF 31—.i-1?A.41 FAN 317.S71.2439 EMAIL a7�,NrncrinR++:+nr.l.pr.,Ma„ DocuSign Envelope ID: 9E924DDF-D104-48BB-A216-96A773A6C2F9 Cross Reference to Deed: 2020-82426 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the Chris Kutanovski and Katherine Kutanovski Vt , (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 a single family residence upon the Real Estate and, in connection with the construction, development and operation of the single family residence, 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 Exhibits "A" in two parts (the "Easement Area"). Section 2. Storm Water Quality System. Located within the Easement Area, in the manner and areas specified in the Permit, is certain natural drainage (the "Natural Drainage") which shall be maintained by the Grantor. 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 Natural Drainage, 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 the Natural Drainage such that (i) the effectiveness and performance of the Natural Drainage is not diminished from the capabilities set forth in the Permit and (ii) the Natural Drainage remains in compliance with the Permit and the Ordinances. DocuSign Envelope ID: 9E924DDF-D104-48BB-A216-96A773A6C2F9 Section 5. Failure of Natural Drainage. In the event that the condition of the Natural Drainage 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 Natural Drainage 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 Natural Drainage shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Natural Drainage which responsibility shall be continuous and ongoing. Section 6. 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 7. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and for any purposes which do not impair and are consistent with and not conflicting with the current use of the Natural Drainage. Section 8. 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 9. 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. By:0 -);! Printed Name Date: 0-7 IDS �aol�- ©i JOS`ZOZ`, DocuSign Envelope ID: 9E924DDF-D104-48BB-A216-96A773A6C2F9 My Commission xpires: Lt. d a STATE OF INDIANA COUNTY OF HAMILTON Beforg me a Notary v► 5�1tA in o�J" nC� .Y , V'A � on behalf of )SS: Public in and for said County and State, personally appeared who acknowledged execution of the foregoing Easement for and Witness my hand and Notarial Seal this J day of D 7 , 20-2 Notary Public Q3,-iI,teA, e-&T Residing in an County -AoLr; Printed Name - DANIELLE BRIGHT CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Notary Public, State of Indiana SEAI r'- Mario, County 3 ft t; Commission Number PIP0726449 My Commission Expires DocuSigned by: °tat + '•�• April23, 2028 Jam eg'Y3fffif9il Mayor 7/20/2022 Date: /—� ,Do_c1u,�Signeed by: b Mary Ann Burke, Member 7/20/2022 Date: Et DocuSignedb`y: yi wa �W� 86D22381842B40D Lori Watson, Member 7/20/2022 Date: Signed by ATTEST: El�,,89WA9844*C5 Won... Sue Wolfgang, Clerk 7/20/2022 Date: DocuSign Envelope ID: 9E924DDF-D104-48BB-A216-96A773A6C2F9 HOLLY J. HARMEYER ``�P�Y• PUg', Notary Public, state of Indiana STATE OF INDIANA ) _z: Hamilton County )SS: * :SEAL: +` Commission Number NP0737982 COUNTY OF HAMILTON ) ������;;°�P„�o°` my C ber�15, 2029 Expireson 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 20th day of July , 2022 My Commission Expires: 12/15/2029 ry Publi Residing in Hami 1 ton County Holly 7 Harmeyer Printed Name �`"pYlP�ii HOLLYJ. HARMEYER STATE OF INDIANA •. a'' NotaryPublic, State of Indiana moo: � )SS: ===SEAL"= Hamilton County + + Commission Number NP0737982 COUNTY OF HAMILTON 1D{pNP` My Commission Expires nu""` December 15, 2029 Before me, a Notary Public in and for said County and State, personally appeared Mary Ann Burke, a member of the City of Cannel, 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 20th day of July , 20_. 22 My Commission Expires: 12/15/2029 otary Pu Residing in Hami 1 ton County Hol l y 7 Halrmeye r Printed Name HOLLY J. HARMEYER STATE OF INDIANA ) ```��PPY Pie % Notary Public, State of Indiana )SS: -Z;SEAL Hamilton County ? + •• +; Commission Number NP0737982 COUNTY OF HAMILTON ) %yo ANP My Commission Expires n 110 December 15, 2029 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. 20th 22 Witness my hand and Notarial Seal this day of ul y 20_ DocuSign Envelope ID: 9E924DDF-D104-48BB-A216-96A773A6C2F9 My Commission Expires: 12/15/2029 Hamilton C Residing in County rl" ff;�� Nl6tiwy Pub Holly J Harmeyer Printed Name HOLLY J. HARMEYER Notary Public, State of Indiana STATE OF INDIANA ) --='SEAL = Hamilton County )SS: :+ : + ;Commission Number NP0737982 /i�NDl ANP` My Commission Expires COUNTY OF HAMILTON ) December 15, 2029 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. 20th July 22 Witness my hand and Notarial Seal this ay of , 20_. My Commission Expires: 1/1 5/2029 Notary Pt c Residing in Hamilton County Grantee's address for tax purposes: One Civic Square Carmel, IN 46032 Holly J Harmeyer 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: Sergey Grechukhin, Transactions Chief, One Civic Sq. Carmel, Indiana. 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 9E924DDF-D104-48BB-A216-96A773A6C2F9 EXHIBIT BMP EASEMENT A PART OF LOT #5 WILLIAMS CREEK MANOR A BMP Easement being in part of Lot Numbered 5 in Williams Creek Manor Subdivision, recorded in Plat Book 2, Page 2 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: BEGINNING at the Northwest corner of said Lot numbered 5; thence North 89 degrees 35 minutes 03 seconds (Assumed bearing) along the north line of Lot Numbered 5; thence the neat 6 calls generally following the 840 contour line, 1) thence South 02 degrees 05 minutes 15 seconds West 32.51 feet; 2) thence South 36 degrees 35 minutes 32 seconds East 11.52 feet; 3) South 86 degrees 34 minutes 40 seconds East 16.34 feet; 4) thence South 51 degrees 58 minutes 11 seconds East 55.83 feet; 5) thence South 76 degrees 47 minutes 25 seconds East 37.01 feet; 6) thence 51 degrees 11 minutes 59 seconds East 31.22 feet to the east line of said Lot Numbered 5; thence South 00 degrees 48 minutes 32 seconds along the east line of said lot a distance of 59.01 feet; thence the next 6 calls generally following the 840 contour line, 1) thence North 55 degrees 50 minutes 56 seconds West 43.33 feet; 2) North 74 degrees 06 minutes 03 seconds West 42.73 feet; 3) South 67 degrees 06 minutes 41 seconds West 43.87 feet; 4) thence North 74 degrees 57 minutes 58 seconds West 19.69 feet; 5) thence South 50 degrees 27 minutes 12 seconds West 47.16 feet: thence South 36 degrees 07 minutes 02 seconds West 45.53 feet to the west line of said Lot Numbered 5; thence North 00 degrees 48 minutes 32 seconds East along the said West line a distance 209.67 feet to the place of beginning. --I 59.05' �_ IV U.S. 502' 05' 15-W \ -� ISO Sa s38' 35 32'E N 1 t1.52' -- o 586 34 40'E � � I•- i6.}4' S �� 9+� E,\ S51' 11' 59-E1' 31.22' Y 25 E 37,p1•' `� I n VARIABLE g O EASEMENT_ �- $$ N 0--N%f tfps o 42 J 1, 8 n 19.69' 'bs� $36. 07' 02'4� tff t /45.53' f i pR LOT #5 26 50 100 1 O II N ORWN: TAT DATE: 07/11/22 v,o�. �l �l_[R_ A 'POLYTLK