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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; 10216 N Michigan Road - Guidepost Montessori; Property OwnerDocuSign Envelope ID: 6A9F830C-961C41CA-88AD-8D607A5F8670 o w ■ 0 I � � ■ 'r.. ' Ll .JAmu-S BRAINARD, MAYOR August 9, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. 10216 N MICHIGAN ROAD — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT -GUIDEPOST MONTESSORI Dear Board Members: The property owner at 10216 North Michigan 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, Jere ashman, E. City Engineer D4P Vti�IF �'I �a� h\f.{fir F.N!\L IN 16o,i3 F\\ 31' S 1 3131) I':!U! cnq:rn+.•nr.4", arnw-Lh�,t�n DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A51`8670 Cross Reference to Deed: 2012-044435 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the NVS Properties VIII, (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 the Guidepost Montessori Daycare on the Real Estate and, in connection with the construction, development and operation of the Guidepost Montessori Daycare, 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" 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, DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 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 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 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: 6A9F830C-961C-41CA-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. Date: Q 19 1 STATE OF ILLINOIS ) )SS: COUNTY OF COOK ) Before me, a Notary Public in and for said County and State, personally appeared who acknowledged execution of the foregoing Easement for and o half of q Witness my hand and Notarial Seal this I day of L14 12 20ZZ- My tommission Expires: a ubli Residing in County �it�'1►,�fi1�l�') �1R-+'✓-G� Printed Name KIMBERLY A BURRELL Official Seal Notary Public - State of Illin]2023 My Commission Expires Jul 2, DocuSign Envelope ID: 6A9F830C-961C41CA-88AD-8D607A5F8670 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSigned by: V11i,11 ,� Jamvles rainar1, Mayor 8/17/2022 Date: DocuSigned by: M any Qww lac, A. oyg naFt"i flurke, Member 8/17/2022 Date: F( DocuSigned by: yi ook6w oft9ftNember 8/17/2022 Date: ATTEST: DocuSigned by: S„ �t In u'V8aftk; Clerk 8/17/2022 Date: HOLLY J. HARMEYER STATE OF INDIANA Notary Public, State of Indiana )SS: SEAL," Hamilton County COUNTY OF HAMILTON ) : * December Commission Number xp982 ''�n;;° j"„NP°��\ MyCommission Expires 2029ire a 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. L Witness my hand and Notarial Seal this My Commission Expires: 12/15/2029 Residing in Hami 1 ton County August 20 22 Publ Holly 7 Harmeyer Printed Name DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 .�"""""% HOLLY J. HARMEYER ) oPRY A.,q Notary Public, State of Indiana STATE OF INDIANA 'z;L"= Hamilton )SS: County ? *fSEA: * Commission Number NP0737982 COUNTY OF HAMILTON MY Commission Expires December 15, 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 —1—� day of August 20 22 My Commission Expires: 12/15/2029 Notary Public Residing in Hami 1 ton County Holly 7 Harmeyer Printed Name HOLLY J. HARMEYER STATE OF INDIANA ) �p PFV PU� % Notary Public, state of Indiana Hamilton County )SS: ? * : * ` Commission Number NP0737982 COUNTY OF HAMILTON ) "o ANP , Mp camm mber Co iss�15, Expires 02$ s 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. m Witness my hand and Notarial Seal this day o August ? 20 22 My Commission Expires: 12/15/2029 Notary Public Residing in Hami 1 ton County Holly ] Harmeyer Printed Name DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) HOLLY J. HARMEYER SPRY• Pie'% Notary Public, State of Indiana Hamilton County SEAL r'• = + Commission Number NP0737982 MDCommission Expires December 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. Witness my hand and Notarial Seal this *yf August , 20 22 My Commission Expires: 12/15/2029 Notary Public Residing in or Hami 1 ton County Hol 1 y J HarmeJ 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-961 C-41 CA-88AD-8D607A5F8670 BIJIO-0001J13-8631-5,r -ria✓91560J We ACUSS unuir L.fi(611512022 - CARL 8. & 0. LEE TERRY BOOK 336, PG. 393 BOOK 349, PG. 718 PAINT OF BEGINNING (NE CORNER OF LOT 3) 01 Z W NORTH LINE OF LOT 3 r r p) L9 N i., 20 EOOMMONS WEST OARMFL LOTS 1 A 2 I BMP, DRA/NAGS, RFP� -AR' #2Q 140p6544 INS R ACCESS & UTILITY m EASEMENT 0.225* ACRES LOT to w COMMONS WEST CARMEL 4435 #2p1204 INSTR. r F EAST LINE OF LOT 3 O J LOT 3 I L7 LOT 2A i6 L3 I 1 _ YFL0WER PARK MP.C. 2, SLID 822612 BLOCK 5 INSTR #g80s LINE TABLE LINE ,if DIRECTION LENGTH L1 S 20'4425" E 271.90' L2 N 75*3220" If 48.44' L3 S 810808, W 13.90, L4 S 61'4337" W 10760' N 28'162J" W 20.00' N 61*43*37' £ 111.02' rL6 N 810808' E 33.12' N 20'44 25' W 211.46' L9 S 81'13'48" W 78.07' L 10 N 08'46'12" W 20.00' L11 N 81'1348" £ 94.28' REFERENCE: This exhibit is based upon the ALTA/NSPS Land Title Survey by Civil & Environmental Consultants, Inc., Project No. 313.863 dated July 27, 2021 Civil & Environmental Consultants, Inc. 530 E. Ohio Street, Suite G - Indianapolis, IN 46204 317-655-7777 - 877-746-0749 www.cecinc.com 16 NORTH IlvD ANA STATE PLANE EAST ZONE BEARINGS SCALE IN FEET 0 50' 1 GLOBAL POWER & CONSTRUCTION INC. HIGHER GROUNDS EDUCATION CARMEL, INDIANA BMP, DRAINAGE, ACCESS & UTILITY EASEMENT DRAWN BY: CJV CHECKED BY: TJT I APPROVED BY: DATE: DUNE 15, 2022 DWG SCALE: J"=591 PROJECT NO: 31 EXHIBIT: DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 .rq,v rtr.•+arxiWrawl-�wveYluw9l�w� OWe AGLtoa ain.rrr tn"Z"AT%J/J66J-S1VJ-6A1P. [S.•(6/15/7022 - tthanpson) BMP, DRAINAGE, ACCESS & UTILITY EASEMENT Part of Lot 3 in West Carmel Commons Secondary Plat as recorded in Instrument Number 2012044435 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest Quarter of Section 7, Township 17 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, and being more particularly described as follows: Beginning at the Northeast corner of said Lot 3; thence South 20 degrees 44 minutes 25 seconds East (Indiana State Plane East Grid Bearings) along the East line of said Lot 3 a distance of 271.90 feet; thence North 75 degrees 32 minutes 20 seconds West a distance of 48.44 feet; thence South 81 degrees 08 minutes 08 seconds West a distance of 13.90 feet; thence South 61 degrees 43 minutes 37 seconds West a distance of 107.60 feet; thence North 28 degrees 16 minutes 23 seconds West a distance of 20.00 feet; thence North 61 degrees 43 minutes 37 seconds East a distance of 111.02 feet; thence North 81 degrees 08 minutes 08 seconds East a distance of 33.12 feet; thence North 20 degrees 44 minutes 25 seconds West a distance of 211.46 feet; thence South 81 degrees 13 minutes 48 seconds West a distance of 78.07 feet; thence North 08 degrees 46 minutes 12 seconds West a distance of 20.00 feet to the North line of said Lot 3; thence North 81 degrees 13 minutes 48 seconds East along said North line a distance of 94.28 feet to the Point of Beginning, containing 0.225 acres of land, more or less. Tl- `\\\\\\\u�1111JiIS 11111Iilitllltt/0/�/1j/� Tyler J. Thompson _ ~ No. i Registered Land Surveyor No. LS21400006 = 21400006 June 15, 2022 8 tompson@cecinc.com l:, STATE OF b Tyler J. Thompson �i . �MOIP... prepared Y Y P y%li°��lutSlU Rtl - 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. Tyler J. Thompson REFERENCE: This exhibit is based upon the ALTA/NSPS Land Title Survey by Civil 8, Environmental Consultants, Inc., Project No. 313.863 dated July 27, 2021 Civil & Environmental Consultants, Inc. 530 E. Ohio Street, Suite G - Indianapolis, IN 46204 317-655-7777 877.746-0749 www.cecinc,com DRAWN BY: CJV I CHECKED BY: DATE: SCALE: GLOBAL POWER & CONSTRUCTION INC. HIGHER GROUNDS EDUCATION CARMEL, INDIANA BMP, DRAINAGE, ACCEEI & UTILITY EASEMENT TJT I APPROVED BY: ABS IEXHIBIT: = 50'1 PROJECT NO: 313-863l