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Home My WebLink AboutEASEMENTS-Grant of Perp. Stormwater Quality Easement - Michael Curless-202208092022039237 EASE $25.00 08/09/2022 10:16:49AM 8 PGS Jennifer Hayden Hamilton County Recorder IN LLP Recorded as Presented D ocxiSign Fnvelope ID: FC5D7196-8786-4D11-9FAA-BE211OA95754 II II II II II I III I I III I II II Cross Reference to Deed, 2008-28688 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT F.ASF.MENT .PPRo� This easement (the "Easement") is by and between Nancy G and Michael S Curless, (the "Grantors") 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; WITNESSFTH 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 residential structure on the Real Estate and, in connection with the construction, development and operation of the residential structure, 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 teens 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, TEIERFFORE, 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 DocuSign Envelope ID: FC5D7196-8786-4D11-9FAA-BE211OA95754 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. Se tion 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 Reimbursement of E2ipen5es 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. Char t r of E ement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties' respective successors and assigns. Section . 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: FC5D7196-8786-4D11-9FAA-BE2110A95754 Section 10. Authorily. 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 ne essary to allow the ,execution and delivery of this Easement have been undertaken, Z By: lJ By: Date: /.� I STATE OF INDIANA) )SS: COUNTY OF HAMILTON ) Date: 2)- / I a 4 ( P&4 P oo Before me, a Notary Public in and for said County and State, personalty appeared who acknowledged execution of the foregoing Easement for and on behalf of Witness my hand and Notarial Seal this My Commission Expires: Residing in County STATE OF INDIANA) )SS: COUNTY OF HAMILTON ) day of Notary Public Printed Name 20 . Before me, a Notary Public in and for said County and State, personally appeared who acknowledged execution of the foregoing Easement for and on behalf of Witness my hand and Notarial Seal this My Commission Expires: day of , 20_ Notary Public DocuSign Envelope ID: FC5D7196-8786-4D11-9FAA-BE711oA95754 CALIFORNIA ACKNOWLEDGMENT CERTIFICATE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State Of: California County Of: Contra Costa On ' Y I 2021 before me, Haresh M. Rajani, Notary Public, personally appears , tMvlj c6 ca ` G�'f� [�'�' l�P � �, ��I N.AY, 0- r 6"'rIt&S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/he/they executed the same in her/his/their authorized capacity(ies), and that by her/his/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Haresh M. Rajani HARESH M. RA AM1 COMM.02224670 z tww Pubmc - Cwlfom+e o contra Coda County Conrn. 6 'res Dec. 8 2021 Seal Title of Document: V ITI._ ,I.$ Total Number of Pages including Attachment: Notary Commission Expiration Date: Dec. 8th, 2021 Notary Commission Number: 2224670 DocuSign Envelope ID: FC5D7196-8786-4D11-9FAA-BE2110A95754 CITY OF CARVIEL BOARD OF PUBLIC WORKS & SAFETY F�nI �acu5 ned by: 1 - r " James rainard, Presiding Officer Date3/17/2021 LDOCUSFgned by: Mary Ann Burke, Member Date: 3/17/2021 Dacuftned by: (In Ns ' —xtRio;a6cv9EE95c.. Lori Watson, Member Date. 3/17/2021 ATTEST: P15 6acu51gnetl by: -" Sue To gang, Clerk Date: 3/17/2021 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 Ucaln 2CV( My emission Expires: ,_� N bR- Notary Public Residing in Coi \ .. M... 0i°® ®e ` VON UD'. /` `S `sue; nted Name NoTA.9 &� Z y p11BLIC 4 a.oan'��V`,` DocuSgn Envelope ID: FC5D7196-a786-4D1 1-9FAA-BE21 IOA95754 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 20ZJ My Commission Expires: Residing in " County �A ,Q STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 1M 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 (} 20W. My C mmission Expires: • z Notary Public Residing in County �ri Printed Name DocuSign Envelope ID: FC5D7196-8786-4D11-9FAA-BE211OA95754 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 IJ4day of 20_21 My Commission E pires: �� p,�Nj I'll ®' • �S540N6XP••®�� tary u lie ads ''v.�' SPA s OT4.gjp Residing inro#y ted 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, Assistant Corporation Counsel, 1 Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, 1 Civic Square, Carmel, IN 46032 DoCuSign E.—I.P6 ID: FC5D7196-8786-41)11-9FAA-SE21 1OA95754 m o a ❑ �ii III ------------ 1 _ -- "- __ - - ppMa�'i 't-isms f— ro � S — 0 L.IJ 7 o a Q I Ls� � - u a _ o a Lam, � D.