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Home My WebLink AboutEASEMENTS-Grant of Perp. Storm Water Easement - Kutanovski-202207222022036470 EASE $25.00 FDS DocuSignEnvelope ID: .9F924DDF-D1o4-48BB-A216-96A773A6C2F9 07/22/2022 02:52:52PM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented Cross Reference to Deed: 2020-82426 II II II II II I I I I I III I III II GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This casement (the "Easement") is by and between the Chris Kutanovski and Katherine Kutanovski l�PINN)AX , (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 casement; WiTNESSF.TH "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 Oualily System. Located within the Lasement 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 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 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. DocuSiyn Envelope ID! 9E924DDF-D1P4-48BB-A216-96A773A6C2F9 Section S. 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 b. 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 �4 Printed Name Date: 07 IDS 1301-3. 011ag1M2a. DocuSign Envelope ID:9E924DDF-DID4-46BB-A216-96A773A6C2F9 STATE OF INDIANA ) )SS: COUNTY OFIIAMILTON ) y Beforq me a Notary Public in and For said County and State, personally appeared hSr1u*0'tw Y . S who acknowledged execution of the foregoing Easement for and 9-k� on behalf of Witness my hand and Notarial Seal this S day of 0 20-2 My Commission xpires: i a 3 a Notary Public `� ItesidinginyM,Lr;u,., County �a-S\Cea1 e- ►MVP Printed Name DAMbl cL slaBt aoGl od na CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY =_h ;SEAL°= Maon County ' S Con n wa�Wnr UPm FSGAD Docuft.d by: , 1i M1t;Y •` My Commission Ezp ros h'1 Ja NWAMN', Mayor 7/20/2022 Date: Ensla.e by: Mary Ann Burke, Member 7/20/2022 Date: III AAD—Sl9n,� d by: I iI'Yi % ✓utL' Lori Watson, Member 7/20/2022 Date: ATTEST: Da..Slyned by: B83A89D7A984405... Sue Wolfgang, Clerk 7/20/2022 Date: Pocu$ign Envelope ID: 9E924DDF--0t04-48BB-A216-96A773A602F9 HOLLY J.. HARMEYER STATE OF INDIANA `aPr: �• �!� °' n= Notary Public, State of Indiana }lamilton County )SS: =z'SEAL;t- Commission Number NP0737982 MD COUNTY OF HAMIL.I.ON I "a °iP o-`O` Gembe� i5, 2029a 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 uly 2024 My Commission Expires: 12/15/2029 ry Pubs Residing in Hami 1 ton County Holly ] Harmeyer Printed Name „,MP11 C STATE OF INDIANA ) '°:a" `�a'; H aryP� s e� ofE d ana )SS: _ ;SEAL Hamilton County Y Commission Number NP0737982 COUNTY OF HAMILTON tipjp„? My Commission Expires December15,2029 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 20th day of July 20 22 My Commission Expires: 12/15/2029 otary PuWj Residing in Hamilton County Holly ] Harmeyer Printed Name `JpYip' HOLLY J. HAIR MEYER S'rA'I E OF INDIANA Art • �s'' Notary Public. State of Indiana )SS: SEALg Hamilton County a Commission Number NP0737982 COUNTY OF HAMILTON ''p ti�i pclPo•` My Commission Expires uum " 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. 22 Witness my hand and Notarial Seal this 20th day of July 20_ DocuSign Envelope ID:9E924DDF-D104.48BB-A216-96A773A6C2F9 My Commission Expires: 12/15/2029 C Residing in Hamilton County STATE. OF INDIANA )SS: COUNTY OF HAMILTON ) t4Pub Holly 3 Harmeyer Printed Name HOLLYJ. HARtv1EYER o�� ••a;'g Notary Public, State of Indiana flamiiton County _ . gCommiesion Number NP0737I1e2 My Commigaion Expieas 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 M y 22 Witness my hand and Notarial Seat this ay of , 20_. My Commission Expires: 12/15/202q Notary Pt Ic Residing in Ham! 1 ton County Holly J Harmeye r Printed Name Grantee's address for tax purposes: One Civic Square Carmel, IN 46032 Pursuant to IC 36-2-11-15(b)(2), I affirm, tinder 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-D104-46BB-A216,96A773A6C2F9 EX H I BIT BMP EASEMENT A PART OF LOT #b WILLIAMS CREEK MANOR A BNP Easement being in pert of Lot Numbered 5 in Wilhema Cre.k Men — Subdivision. r ..dad in Net Book 2. Page 2 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as (ollows. BEGINNING at the Norlhne.t c . of said tat n mbered 5; thence North 89 degrees o 35 minutes 03 s nds (Assumedbearing) along the north line of Let Numbered ,5; thence the ....I e6 calls generally following the 840 rontnnr line. 1) thence South 02 degree. 05 mfnutes 15 s onds West 32.51 (eet; 2) thence South 36 degrees 35 notes 32 a eonds East 11.52 feet; 3) South 88 degree. 34 minutes 40 s onds East 1634 feet; 4)thence South 51 degrees 50 m notes 11 . onds East 56.83 feet; 5) thence South 76 degrees 47 m notes 25 sds Ea.t 37.01 feel; 6) thence 61 degrees 11 minutes 69 s ondsl East 31,22.onfeet to the east line of sold Lot Numbered 5; thence South 00 degrees 48 m notes 32 s onds along the east line of sold lot a distance of 59.01 feet; then.. the he.t 6 calla generally foll.xg the 040 ontour line, 1) thence Norte 55 degrees 50 minute, 58 s onds West 43.33 feel; 2) North 79 degrees 08 minutes 03 a ends West 4273 feet; 3) South 87 degrees 06 nes nutee 41 .... da West 43.07 feet; 4) thence North 74 degrees 57 minut58 onds West 10.89 fact; 5) thence South 50 degrees 27 ne—Lea 12 s ... feet to onds West 47.i6 fe.t; the-4outh 36 degrees 07 m notes 02 a ends Weal 45.63the west line of said Lot Numbered 5; thence North 00 degr a.. 46 minute. 32 a onda Ea at along the said West line a distance 209.67 feet to the place of beginning. 15.7z35SYE I ri i0 N 'ir n- %�::. M1 � VARIABLE BMP g EASEMENT ;>. oa .,•w I g� y � I I ! .I Oz f Rsf LOT #5 's�N4 m wTR�L eoeurvu�i �. c457ml . - .7i11/12 _ NORTIl Bone f7'11T1-eis4 f. zz-seztul .,,...war olw..��ur rFr.Ml.-r4z ;t ttosAra.ao