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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; 14598 Oak Road Ridge Road - Our Lady of Mount Carmel; Property OwnerDocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 W■ 1Il/ ■m r � � August 9, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. 14598 OAK RIDGE ROAD — GRANT Of PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: The property owner at 14598 Oak Ridge 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 Kashman, P.E. City Engineer DEPARTMIAl tN F-,,A\F.F.RI\c. ONF CMA kr AU, C.ARNIFI.. 1\ 161132 Om!uF 41' S'1.21-11 I'Ax 11' S"1.2439 FMAII .rtum�.vrinHa .�rnki.in.y ». DocuSign Envelope ID: 6A9F830C-961C41CA-88AD-8D607A5F8670 Cross Reference to Deed: Deed Book 167, Page 596 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between (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 construct infrastructure on the Real Estate and, in connection with the construction, development and operation of the infrastructure, 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" "BMP Access Easement" graphic depiction and Exhibit "B" "BMP Access Easement Description" legal description. 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, BMPs 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 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. Ff `Rev-.► Theodore C. Dudzinski Printed Name Date: .tune 15, 2022 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Rev. theodore C. nudzk"W, Seuetary , who acknowledged execution of the foregoing Easement for and on behalf of The Roman Catholic Diocese of I-dayettean-inftna Inc. l.l.i')t'. 20�. , Witness my hand and Notarial Seal this 15 day of M0-AJdAAAA.D y Commission Expires:` 15 7D?' WNoalryy Public r Residing in rt County !6 r Printed Name ROBIN CALDANARO ��•• �i� Notary Public, State of Indiana 'Z-SEAL "= Warren County e * Z Commission Number 710642 My Commission Expires 'm„•„o� February 15. 2026 DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSigned by: 4�, ,� RTFAMid, Mayor 8/17/2022 Date: DocuSigned by: Mary Ann Burke, Member 8/17/2022 Date: DocuSigned by: (� 0i tsa, ofl6WW"Wlember Date: 8/17/2022 ATTEST: DocuSigned by: S Sue Wolfgang, Clerk 8/17/2022 Date: HOLLY J. HARMEYER �0tiA� Y P&e�% Notary Public, State of Indiana STATE OF INDIANA 0. ) -2;SEAL "= Hamilton County )SS: * z Commission Number NP0737982 My Commission Expires COUNTY OF HAMILTON /'NO'IANp`\� December i5, 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 d,pylof August? , 20 ?2 Myl�ogr�}Ti� 5Expires: / -� // 1111 No ary Public Residing in Hami 1 ton County Holly J Harmeyer Printed Name DocuSign Envelope ID: 6A917830C-961C-41CA-88AD-8D607A5F8670 HOLLY J. HARMEYER ;o?.•••.,e�%Notary Public, State of Indiana STATE OF INDIANA ) =-':SEAL*. E Hamilton County z Commission Number NP0737982 )SS: �i4�'t'O�PNP�p\ My Commission Expires COUNTY OF HAMILTON ) 10111��"° December t 6, 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 /70- da of August 20_2 2 My Commission Expires: 12/15/2029 Nota Public Residing in Hami 1 ton County Holly J Harmeyer Printed Name HOLLY J. HARMEYER STATE OF INDIANA?�Y' P`a % Notary Public, state of Indiana °' " Hamilton County )SS. =-':SEAL:"= + .. + ; Commission Number NP0737982 COUNTY OF HAMILTON ) /ii 1DIANP My Commission Expires ��nnn�� 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 J-7day of August 20 22 My Commission 12/15/202fres: ry Public Residing in Hamilton C Holly J Harmeyer ount y Printed Name DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 o""""'o HOLLY J. HARMEYER .`��?�Y• P�s�% Notary Public, State of Indiana Hamilton County STATE OF INDIANA ) w*:SEAL;*\ Commission NumberNP0737982 ••• P My Commission Expires )SS: December 15, 2029 nnma� 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, Indiana. August 22 Witness my hand and Notarial Seal this day f , 20_• My C12/15/202�'res: u lic Residing in Hamilton Count Holl Y y J Harmeyer Printed Name Pursuant to IC 36-2-1 l-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: 6A9F83OC-961 C-41 CA-88AD-8D607A5F8670 EXHIBIT "A" S692A 51^2 � p0 \16�\% •/ \� SOUTH LINE OF SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 3 EAST POINT OF �\ iOU • — �GINNINC 87 — \ — \ 513'24'W 895.00' NORTH LINE OF NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 3 EAST NORTHEAST CORNER OF SEC.23, T18N. R3E S68'21'29"W 5.00' 6 ALSO BEING THE �. N21'38'31 "W 15.00' SOUTHEAST CORNER OF SEC. 14, T18N, R3E BMP ACCESS EASEMENT 5 3,606t S0. Ff. �" 2\ 2g N0 ROMAN CATHOLIC DIOCESE OF LAFAYETTE-IN-INDIANA, INC. DEED BOOK 167, PACE 596 E WEIHE ( 1O505V CWk�sA.mx Lw.nyom.6w4v uzeo ENGINEERS N w E scKE i• .100 S 0 2® BMP ACCESS EASEMENT DATE:12/221'2021 DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 EXHIBIT "B" BMP ACCESS EASEMENT DESCRIPTION PART OF THE NORTHEAST QUARTER OF SECTION 23 AND PART OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 3 EAST IN WESTFIELD WASHINGTON AND CLAY TOWNSHIPS, HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 23, ALSO BEING THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 14, THENCE SOUTH 89 DEGREES 13 MINUTES 24 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, ALSO BEING THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 895.00 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF WEST 146T" STREET; THENCE NORTH 69 DEGREES 14 MINUTES 57 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE 201.77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 21 DEGREES 38 MINUTES 31 SECONDS EAST 176.68 FEET; THENCE NORTH 68 DEGREES 21 MINUTES 29 SECONDS EAST 25.00 FEET; THENCE NORTH 21 DEGREES 38 MINUTES 31 SECONDS WEST 15.00 FEET; THENCE SOUTH 68 DEGREES 21 MINUTES 29 SECONDS WEST 5.00 FEET; THENCE NORTH 21 DEGREES 38 MINUTES 31 SECONDS WEST 161.37 FEET TO THE AFOREMENTIONED SOUTH LINE OF WEST 146TH STREET; THENCE SOUTH 69 DEGREES 14 MINUTES 57 SECONDS WEST 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3,606 SQ. FT., MORE OR LESS.