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Home My WebLink AboutGrant of Perpetual Storm Water Mgmt. Easement - Recorded-Pegram2021001750 EASE $25.00 LSB 01/08/2021 04:21:12PM 11 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented De lanLOVenero99a3��tlU,N6,a-91a3Fa,1Fe1,5ee 11111111INI I1111111111111INI1111111111111111111111111111111111IN Cross Reference to Deed: #2014-31432 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT 'Phis easement (the "Easemen ll is by mid between the Phillip L. Pegm n, Trustee and fill A. Pogrom, Trustee, each a trustee of the Pegmm Living Trust dated December 20, 2007 and any amendments thereto the "Groner") and the City of Cannel Indiana (the "City'), by and through its Board of Public Works & Safety (the "Granted) and shall have as its effective date the later of the date on which Grantor oxecutes this Easement or the dale on which Gmntcc executes this easement; W ITNFSSETH THAT. - WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the "Real Estate); WHEREAS, Orantor Intends to reside on the Real Estate and, in connection with the constriction, development and operation of the storm water quality system, 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 stone 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, die Grantor hereby grams to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Qv� Seclion_1. Easeme t Area. The portion of Real Estate on, under and through which this �r{� 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"). S5S WRY. 3tor W to O I'N S t Located or to be located within die Easement Area, in the mower and areas specified in the Permit, is certain drainage end storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, structural and non-structural best management practices (collectively the "Storm Water Quality System') to be constructed, Installed and maintained by Cromer, at Grmilor's expense, in accordance with the Permit and the Ordinances. SOCIO l3 P—r' paw nt. Grantee shall he 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 Stamm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Ma' to an a find Roe' . It shall be Grantor's obligation to maintain in proper working order and to repair and/or replace the Siam Water Quality System, or parts thereof, such that W the effectiveness and performance of the Stoma water Quality System is not xn wevrse csea. Do.uSfgn Envelope ID: 44438FPA-BD5E482D.91 D3-FB21 F5175785 diminished from the capabilities set forth in the Permit and (H) 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 (tiF the benefit of and be binding upon the parties' respective successors and assigns. Section 8• Use by Granter and Other Masements. Grantor shall be permitted to use the Easement 40 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. Sccjign 2. 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. 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. Grantor will indemnify Grantee against any loss, damage or cause of action resulting from a breach or violation of this Section 10. [Remainder of page intentionally left blank.] 2 DocuSlgn Envelope ln: 44430FAA-aA5E4620-9103-F621F5175785 PEGRAM LIVING TRUST dated December 20, 2007 By: vel P V1'&5mX Phillip L. Pe ram, Trust STATE OF INDIANA) )SS: COUNTY OF lL-4u/C.Td )) Before me, a Notary Public in and for said County and State, personally appeared Phillip L, Pegram, Trustee, who acknowledged execution of the foregoing Easement for and on behalf of said trust. Witness my hand and Notarial Seal this My Commission Expires: -VIA J Residing in 4-014q I Li D J County 7v"L—day,20'A4 Notary Public Printed Name E hristine 5. Rainey otaryPubPe-State of hoana ommission Number: 0E43a70 y Commission Expires: 4-23'2021 94 DocuSign Envelope 11)'44438FAA-SD5E482D.9103-FB21F5175785 EXECUTED AND DELIVERED in my presence: Witness Si ture _dust' A �fykhioh Witness Printed Name STATE OF INDIANA) ) SS: COUNTY OF f/W/�!'J) Before me, a Notary Public in and for said County and State, personally appeared pLi I0it ;;o"Sa xJ , being known to me to be the person whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by Phillip L. Pegram, Trustee in the abovc-namcd_.�f subscribing witness's presence, and that the abovenamed subscribing witness is not a party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. Witness my hand and Notarial Seal this i day of "DEdt fe-de/— , 20 -1o. My Commission Expires: 4/,23 �r?o8l Residing in i%�JLM6 County Notary Public 4&ZFS97 <_1E ,C.if y Printed Name IO Christine 5. Rainey Notary PubCo-STMe of IndianaCornwssion Nvrpe,: W-3870 My Commission Expires 0.123 2021 Dcov8tOn Envelope 10: 44438FAA-805E.48213-91 D3-Fa21 F5175785 PEGRAM LIVING TRUST dated December 20, 2007 By:_96�; i &_44� Jill A. egram, Trustee STATE OF INDIANA) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Phillip L. Pegram, Trustee, who acknowledged execution of the foregoing Easement for and on behalf of said trust. Witness my hand and Notarial Seal this 7 -day of -0t4tAt-4M_- 20-1P My C mmission Expires: � oA� Residing in 1 J ")+.xbd) County jke Notary Public Printed Name o`Pa PDa� Christine S. Rainey .r.�i Nalarypublic-Slate ellndiana .� �, Commission Number.0643870 O�awno My Commisslon Ezplresr 4123'Y021 Docus(gn Envelepe In: 44438FAA-0D5E4820-91D3-FB21 FBI76785 EXECUTED AND DELIVERED in my presence: Witness Si , Curti e Rose- A l hnsm Witness Printed Name STATE OF INDIANA) ) SS: COUNTY OF 111/+Z'b) pvP Before me, a Notary Public in and for said County and State, personally appeared goNr� 7oeASo,O, being known to me to be the person whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing c'Wn instrument was executed and delivered by Jill A. Pogram, Trustee in the above -named subscribing witness's presence, and that the abovenamed subscribing witness is not a party to the transaction described in tine foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. Witness my hand and Notarial Seal this 7 day of'PLe-&k-1Si?- , 2010 . My Commission Expires: !�Wbp'2 r Residing in dj E}-Nt 097 County Notary Public 4'L, Printed Name 00My Christine S. Ralney NolaryPumio. slalsol lnCana Qnnmissi0n Number: e043M COmm100n Expires: 4'23 2021 DocuSlgn Envelope ID: 44438FAA-BD5E-4820-9103-FB21F5175785 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: �,}uu fxa'wrd �IIABaiCiAA_ James Brainard, Mayor Date:11712021 ��MV+IM �-�y V�41tr µlogy Mary Ann Burke Mem bar Date:1/7/2021 •IVMM �J YI' w UMluw i Morin S-= — Yt cAylbbr% Date: 1/7/2021 .�AR s... "un Sue Wolfgang, Clerk Date: 1171Z021 STATE OF INDIANA) )SS: COUNTY OF HAMILTON ) Witness my hand and Notarial Seal this Z day of JAhLAAYLA20-U. �i t NOTA Y P BLS /� My Commission No./Expiration: 11 Yl �r� S Printed Name My County of Residence: fT O&M 1, DowSiBn Envelope ID: 4443aFM-BOSE432D.91 D3.FB21 F51r5ra5 EXECUTED AND DELIVERED in my presence by each of the foregoing signatories of the City of Carmel Board of Public Works and Safety: 1�Ye�Yur� (n�Ovr+ Witness Signature �YennQ Ll'06 V-CA—) Witness Printed Name STATE. OF INDIANA) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared iml2ti WAr-I'M , being known to me to be the person whose name is subscribed as a witness to the foregoing Instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by each of the foregoing signatories of the City of Cannel Board of Public Works and Safety in the above -named subscribing witness's presence, and that the abovenamed subscribing witness is not a party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. Witness my hand and Notarial Seal this r day of Ja IQ Lt4 1� 20EI . My Co n' sion o./Bxpiration: No ry Pub w T J My Copgty of Rash nee: J" A F-4 is Dll Printed J.nnBM� se.. Na.n F.ak aau a Mleea rwmi of Gunb Ggmm�Wn NunC.r HPo�AW MYeCmmsagn Enp're. tOYlTli02, Pursuant to IC 36-2-I1-15(b)(2), 1 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 — Tammy K. Haney, Esq. (ilf DocuSign Envelope ID:44438FAA-BD5E482D-9103-FB2lF5175785 Prepared by: Tammy K. Haney, Krieg DeVault LLP, 12800 North Meridian Street, Suite 300, Carmel, Indiana 46032 Return to: Tammy K. Haney, Krieg DeVault LLP, 12800 North Meridian Street, Suite 300, Carmel, Indiana 46032 IM %iav OK) Docu$ign Envelope 10:44438FAA-8D5E4B20.9103-FB21 F5176785 EASEMENT EXHIBIT PTaFW 1170E TRACT A SW 114 OF EW1l&ldgE A ��{�E/I cnATitiwovNEanF�oer: wes OMINNa SGLLE: I' . 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