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HomeMy WebLinkAboutEASEMENTS-Grant of Perp Stormwater Quality Easement - EFN Crossroads-202207262022037085 EASE $25.00 07/26/2022 02:47:48PM 8 PGS Jennifer Hayden Hamilton County Recorder IN LLP Recorded as Presented II II II II II I I I I I I I III I I II Docu Sign Envelope ID: 79725960-3BD2-4877-ABOF-3EFADABFDFCO Cross Reference to Deed: Instrument No. 2021054396 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT .......... .................. aP,Peovro This easement (the "Easement") is by and between EFN Crossroads Property, 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 Ti ]AT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above and commonly known as 4250 E. 96`I' Street, Indianapolis, IN 46240 (tile "Real Estate"), WHEREAS, Grantor intends to construct the Napleton Detail tenter and Auxiliary Lot on the Real Estate and, in connection with the construction, development and operation of the stormwater detention and water quality systems, the City has approved or will approve a Storm Water Management Perini( (the "Permit"); and, WHEREAS, the City requires this EaSt'.rnent 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 tennis and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Fasenient 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 Ouaiity System. Located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and stone water quality infrastructure, which may include, without limitation, pervious pavernent, manholes, infiltration basins, pipes, ponds, and stt-Ltctural 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. DocuSign Envelope ID: 79725960-3BD2-4877-ABOF-3EFADABFDFCO 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 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 Stomi Water Quality System, which responsibility shall be continuous and ongoing. Section b. 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 Fasement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan, DocuSgn Envelope ID: 79725960-3BD2-4B77-ABOF-3EFADABFDFCO 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. EEN Crossroads Property, LLC V�"Oc Wd Printed Name Date: 10 - -A -2A STATE OF )SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Richard 11. Brandstatter who acknowledged execution of the foregoing Easement for and on behalf of EFN Crossroads Property, LLC. Witness my hand and Notarial Seal this —1— day of 7C x , 2021. I'Ay Commission Expires: U 'l 2 u" � Notary Public Residing in County 0, bOL4 Printed Name Em STEFANIE K DAY official Seal Na[a,y Publu - State of 1lfrnais Commisscn Expires may 27. 2022 OocuSign Envelope ID: 79125960-3BD2-4a77-ABOF-3EFADABFDFCO CITY OF CARMEL BOARD OF PUBLIC: WORKS & SAFETY flocuaignM by: s PFFiH, Mayor Date: 11/3/2021 Fosigded by: Macy nn urke, Member Date: 11/3/2021 �Docu signed by: I ev; U3alseu, i• `4a ��Y�s o'ri ;' ivi e m b e r Date: 11/3/2021 nbcuSigned by: ATTEST: E� 52 Sue Wolfgang, Clerk Date: 11/3/2021 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Notary Public State of Indiana - Commission # NP0723135 Before rne, 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 My Commission Expires: 10/22/2027 Residing in Hamilton County 3 day of b s g—d by: November 20 21 Jennifer Stites Jennifer I Stites Notary Public Seal Stale of In6iana Hamilton County Commission Numoer NP0723135 My Commission Expires 10122/2027 DocuSign Envelope ID: 79725960-3BD2-4877-ABOF-3FFADABFDFCt7 STATE OF INDIANA } }SS; COUNTY OF HAMILTON } Notary Public State of Indiana - Commission # NP0723135 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 3 day of November 20 21 OocuSipned by: My Commission Expires: 5w. 10/22/2027 taaaPub�ic Residing in Hami 1 ton County STATE OF INDIANA COUNTY OF HAMILTON }SS: } Jennifer Stites Printed Na e Senniler 1 Stites Notary Public Seai State o1 Indiana Hamilton County commission Prumber NP0723135 My Commission Expires 1012212027 Notary Public State of Indiana - Commission # NP0723135 Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Cannel, 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 3 day of November , 202l flocuftned by: My Commission Expires: Y. 5�c" 10/22/2027 _ YY2RIttl4tiC Residing in Hami 1 ton County Jennifer Stites Printed Name Jennifer I Stites Notary Public Seat State of Indiana Hamilton County Commission Number NP0723135 My Commission Expires 10/2212027 DocuSign Envelope ID: 79725960-3BD2-4877-ABOF-3EFADABFDFCO STATE OF INDIANA } }SS: COUNTY OF HAMILTON ) Notary Public State of Indiana - Commission # NP0723135 Before tne, 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 band and Notarial Seal this 3 day of November 20 21 pucuSigned by: My Commission Expires: 10/22/2027 —tm �Rftc Residing in Hamilton County ]ennifer Stites Printed Name Jennifer I Stites Notary Public Seal State of Indiana Hamilton County Commission Number NP0723138 My Commission Expires 1012212027 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: .Ion Oberlander, Interim Corporation Counsel, One Civic Square, Carmel, 1N 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID'.. 79725 960-3802-4B77-ABOF-3EFADABFDFCO BMP EASEMENT DESCRIPTION APART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTIONS. TOWNSHIP 17 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID QUARTER SECTION NORTH 89 DEGREES 47 MINUTES S4 SECONDS WEST (BASIS OF BEARINGS) 2032.90 FEET TO THE SOU FHWEST CORNER OF EAST 96TH STREET AUTO PARK SUBDIVISION, THE PLAT OF WHICH 15 RECORDED AS INSTRUMENT NO. 200100000285 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; TI ICNCC ALONG THE WEST LINE THEREOF NORTH 00 DEGREE 21 MINUTES 13 SECONDS EAST 719.46 FEET; THENCE NORTH 89 DEGREES 15 MINUTES 27 SECONDS WEST 175.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 40 MINUTES 52 SECONDS WEST 52.10 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 47 SECONDS WEST 480.81 FEET TO THE WEST LINE OF THE LAND OF EFN CARMEL PROPERTIES LLC PER INSTRUMENT NO. 2017-49586 IN SAID RECORDER'S OFFICE; THENCE ALONG SAID WEST LINE AND THE WEST LINE OF THE LAND OF EFN CROSSROADS PROPERTY LLC PER INSTRUMENT NO. 2021-54396 IN SAID RECORDER'S OFFICE NORTH 00 DEGREES 21 MINUTES 13 SECONDS EAST 103.02 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 47 SECONDS EAST 66.68 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS EAST 360.00 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 47 SECONDS WEST 65.82 FEET TO THE WEST LINE OF SAID EFN CROSSROADS PROPERTY LLC; THENCE ALONG SAID WEST LINE NORTH 00 DEGREES 21 MINUTES 13 SECONDS EAST 142.24 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 28 SECONDS EAST 656.13 FEET TO THE EAST LINE OF SAID EFN CROSSROADS PROPERTY LLC; THENCE ALONG SAID EAST LINE SOUTH 00 DEGREES 26 MINUTES 32 SECONDS WEST 20.00 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 28 SECONDS WEST 406.25 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 13 SECONDS WEST 86.85 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 35.00 FEET AND A LONG CHORD BEARING SOUTH 45 DEGREES 21 MINUTES 13 SECONDS WEST 49.50 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 54.98 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 47 SECONDS WEST 119.02 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 00 SECONDS WEST 121.88 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS EAST 288.24 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 00 SECONDS WEST 39.40 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS EAST 271.68 FEET TO THE EAST LINE OF THE AFORESAID LAND OF EFN CROSSROADS PROPERTY LLC; THENCE ALONG SAID EAST LINE SOUTH 00 DEGREES 21 MINUTES 13 SECONDS WEST 30.00 FEET; THENCE NORTH 89 DEGREES 47 MINUTES 00 SECONDS WESE 301.61 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS EAST 39.40 FEET; THENCE NORTH 89 DEGREES 47 MINUTES 00 SECONDS WEST 258.24 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 00 SECONDS WEST 208.12 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 47 SECONDS EAST 3SO.02 FEET; THENCE SOUTH 44 DEGREES 38 MINUTES 47 SECONDS EAST 48,79 FEET; THENCE SOUTH 00 DEGREES 40 MINUTES 52 SECONDS WEST 16.42 FEET TO THE POINT OF BEGINNING, CONTAINING 2.78 ACRES, MORE OR LESS. PREPARED FOR: Kim hey))) Horn 202'. K4ALEY-11OR4 AND ASSOCIAIES, NC. 250 EAST 96TH STREET, SUITE 580, INDIANAPOLIS. IN 46240 PHONE: 31 7-218-9550 WWW. KIM.LEY- HORN. COM EXHIBIT A 1 OF 2 PREPARED BY: Kuhn 8 Gmlafson land Surve in PO BOX 70 21ONSVII I F, IN 46077 (317)654-8629 PROJECTT N T}115 DRAWING 'S NUT I', -TENDED TO 21 U2L2 8- Rf.PRESEN 11 ') AS A RETRACEMENT OR ORIG-NAI_ ROIIVOARY SURVEY, A DRAIh'N BY: ROUTE SURVEY, OR A SURVEYC.R ©K LOCATIUJ REPORT. DAI E: 1O�11/2U21 DocuSign Envelope ID: 79725960-3BD2-4877-ABOF-3EFADABFDFCO S89'33'28"E 656.13' NB9'33'28 W 406.25' -- "/fN0O'2113E/1 724'%/ -500*21'13"W 86.55' R=35.00 �iN89' 8'47"W /6'5.82'.� it N89 :3B'47"W 119.02' CH=545'21'13"W 49.50 /// 500'13'00'W 121.88' S00-13'00"W 39.40' a j S89'47IOO"E 288.24' /7 7 ✓� zlz 589 4T00"E 271.68' / N89 47 00 W 258.24' ��1L/��L /SO���1.00' o Noo 13 oo'E 39,40' , ,I N89'47'00'W 301.61' EFN CROSSROADS PROPERTY LLC I o INSTRUMENT NO- 2017-49586 o BMP EASEMENT 2.78 AC.f Ij I �� S44'38'47"E 48.79' S89'38'47'E 350 02 / / -7 / 389 8.47 E 66.68' / 0021'13/"E 10302''r/ N89'38'47"W 480.81' EFN CARMEL PROPERTY LLC INSTRUMENT NO- 2017-49586 PREPARED F0R: Kimiey>))Horn 2021 KIMLLY—BORN AND ASSOCIATLS, INC. 250 EAST 96TH STREET, SUITE 580, INDIANAPOLIS. IN 46240 PHONE: 317-218-9560 WWW.KIMLLY-I {ORN.COM //-800'40'52"W 16.42' S89'15'27'E t75.03' POINT OF BEGINNING 52.10' II PRFPARFD BY: I Kuhn&Guslaf5an ' LaPd 6urve I11 N89'47'54"W - 2032.90' li ' SOUTH LINE SE 1 /4 - SEC. 8-T17N-R4E [lox i0 SE CORNER SE 1/4ONSVILLE, ZI IN 4`cG77 SEC. 8—T17N—R4E (117J6�A-FlP79 PROJLCT NO. TH!S DRAWNG IS NOT INTENDED TO 210222 8E RFPRF_SENTED AS A OR ORIGINAL BOUNDARY RETRACEMEN, SURVEY, A DRAWN BY: ROL TE 'SURVEY, OR A SURVEYOR B:K LOCA ION RLPOR T. DATE: 10I1111111 EXHIBIT A 2OF2