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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; 10026 Spring Mill Road; Property OwnerDocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 ■ � �t e � 11 / 1� ■ �■ moo w■��. aaaO''r�►+Tr u uu JANIrs BRAINARD, MAYOR July 12, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE.10026 SPRING MILL ROAD — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: The property owner at 10026 Spring Mill Road 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, Jer y Kashm n, P.E. City Engineer llfreR m"I „r li�aa�cF:acn:. 0,11 (;nv S(;l %la. (AlwrF. 1\ 0)32 (kruF it.- I'A\ 31'3—L2+31) Ifiteu u,Gn:c: r„7ya.au,m9.in.u,n DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 Cross Reference to Deed: Instrument 2021-12213 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the Mahenthiran Family Revocable Trust 2020, (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 build a private residence on the Real Estate and, in connection with the construction, development and operation of the private 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 Exhibit "A" (the "Easement Area'). Section 2. Storm Water Quality System. Located or to be located within the Easement Area, in the manner and areas specified hi 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: 6A9F830C-961C-41CA-88AD-8D607A5F8670 diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains hi 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 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 Perrnnit 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: 6A9F830C-961 C-41 CA-88AD-8D607A5F8670 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. By: "Y'-- JothiharWRahenthiran, Trustee Date: S 2- 2- STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) By:.y Rathipriya Mahendran, Trustee Date: �:T (1 f 1 2Z Before me, a Notary Pubc in and for said County and State, personally appeared 06-AI Z/ Ven- ;Qwho cknowledged/f xecution of th forego g Easement for and n behalf of" YY�ah , tri►- Witness my hand and Notarial Seal this may of , 200? My CQIlllrlis$i0 'Xp1IeS: sherry Lerner Notary Public Seal State of Indiana Hamilton County f Commission Number NP0716534 t3 My Commission Expires 10,12812026 Residing inJ�n^�� STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Notary Public Printed Name Before me, a Notary in and for said County and State, personally appeared P-4 42P; / �;-�vho ackf wledged exe tion of the fo going sement for and on behalf `1'�P,evl lei Witness my hand and Notarial Seal this day of , 20o{•a My Commission Expires: Notary Public C: Residing inan'TrARe orn — t 0millon County Printed Name Commte3,on Number NP071653a h1111 Goo Expires �,�0`2812026 DocuSign Envelope ID: 6A9F830C-961C41CA-88AD-8D607A5F8670 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: // DoeuSipned by: l 1 f--t Ja ESSMMUrd, Mayor 8/17/2022 Date: pned by: DoeuSi QWW t, Mary nn urke, Member 8/17/2022 Date: �DocuSfpned by: I I bVi U1a�se�n, Lon R01"Member Date: 8/17/2022 Sipned by: FZO-LU Wo Su—MffraAk, Clerk 8/17/2022 Date: HOLLYJ. HARMEYER STATE OF INDIANA . PG��'� Note Public, State of Indiana )SS: SEAL="� Hamilton County * '. * Commission Number NP07378e2 COUNTY OF HAMILTON) %i��Oi+pNp�O� My Commission Expires December 15, 2029 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 ay/f AuguSt 20 22 My C 12%15/20on E 1res- Residing in Hami 1 ton County Notary Public// (/ r " Holly J Harmeyer Printed Name DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 o HOLLY J. HARMEYER Notary Public, state of Indiana STATE OF INDIANA -Z: Hamilton county t ;SEAL; * i Commission Nu )SS: mber NP0737882 %No+ANp\�� My commission Expires COUNTY OF HAMILTON) '"� +++�"December 15, 2o2s 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 August , 20 22 My Commission Expires: 12/15/2029 Nota Publ' Residing in Hamilton County STATE OF INDIANA ) )SS COUNTY OF HAMILTON ) Holly 7 Harmeyer Printed Name `��`"'y1111"'�� HOLLY J. HARMEYER ,P¢••••.'e : Notary Public, State of Indiana =z°O: n' Hamilton County ;SEAL; - r ; * Commission Number NP0737982 My Commission Expires 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. Witness my hand and Notarial Seal this My Commission Expires: 12/15/2029 Residing in Hami 1 ton County �ay of August 20 22 Notary Public Holly J Harmeyer Printed Name DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 v""" HOLLY J. HARMEYER Notary Public, State of Indiana STATE OFINDIANA ) �rrSEAL; Hamilton County * r\ Commission Number NP0737982 )SS: �4�i�tio{'MD Commissc mberion xpir s 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, fi diana. Witness my hand and Notarial Seal this / ��d y ifAugust 52022 My Commission /2029ires: 9 Public Residing in Hami 1 ton County Holly J Harmeye r 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: Jon Oberlander, Interim Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 'ly Tw 0' 0 oQ WW N Z Z U H lrri N1y1 2 `,`r/'Iz O Q ,j 0 Q� Ov .... i �! =W O N � ? W2��y co(n �`` SO V' In fY W N�l 1- V) y � p a wownstnpw� __Q.� b=, �=m j�O OWELD LO tW/l� _Z.t ZO G w z OrU Q�gNQpCZl�~� � yl�;��s ��2 �MOWW U V) N y i V WW .,, N:N' Z 0 W W O a N^ O� n w F N Z ' /jf/1f11111111151��```\ W(M50 N�QQ22O zOZ O Oz =J �NWVVI O:- W N�y m 60. WCEU.O ZQO MN� tp �}c z3 Z }(}.) 1yw W O H 6S W Z?-U 3NZW OOW NN =n JW �ZNiWI'I 0K� NW �aUo szWo1O9 "0o to M� aUii� W ¢Jmnw�Wzw oa �f O—Jd' a UpW NWy�O , JC o(La Z is Z �� O UZW zHO�� ww��tn CCOWODcoif U SPRINGMILL ROAD S 00"00'16" E 295.00' W o MIN or_N. S a LX. o p� N 75 a so N 3 In O f0 g a Z W z N � W O M ,, NO. J Z o F Q�YQ W M as 0 Fb tDww y O r O N C � 6w