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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; 3400 E. 96th Street - Tom Wood Powersports; Wood Porsche; Property OwnersDocuSign Envelope ID: 5642928D-5E4645C0-98D6-83D681323032 I. EL .jAMES BtIAINARD, IMAY011 September 12, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. 3400 E 96th — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- TOM WOOD POWERSPORTS Dear Board Members: The property owner at 3400 E 96T" Street has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction at Tom Wood Powersports. 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, O Jeremy Kashman, P.E. City Engineer DF.vw-mim (x ENgA\FF.Rr\c. twr C1\1( S41 AM-. CARMEL. IN 16032 OFtu r 31, i"I.2-III FA\ 317.5"1.2439 F MAII onp�xa DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 Cross Reference to Deed: 2011-069254 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT I ROB:&°-�.j This easement (the "Easement") is by and between Wood Porsche RE, LLC, (the "Grantor") and the City of Cannel, 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 install permeable pavers on the Real Estate and, in connection with the construction, development and operation of the Tom Wood Powersports, 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. permeable pavers 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: 5642928D-5E46-45C0-98D6-83D681323032 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 Ouality 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 Pen -nit 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: 5642928D-5E46-45C0-98D6-83D681323032 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. Wood Porsche RE, LLC ("Grantor") Printed Name Date: 9 '? �Od� STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) efore me, a Notary Public in and for said County and State, personally appeared Oe e 1j M( , who acknowledged execution of the foregoing Easement for and on behalf of Wddrl 41d f'(�nhP a F LJ--C Witness my hand and Notarial Seal this _ _ day ofSj3h.MAJDj4 20o?7;�' My Commission Ex Tres: `� Residing inCounty � Notary Public "J k l ,f)i,,f �.TU55e Printed Name ,`FpyF;•.., _ STEPHAN E A TUSSEY My Commission E'rwes SEAL ; November X 202 '-; ;,, �� • Comnvssion Number NPW93750 DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ("Grantee") ATTEST: Dmuftned by: Ja U351ffI•2gf' &d, Mayor Date: 9/21/2022 DocuSigned by: AKA& 6V& 06091 B18 arynn ueke, Member Date: 9/21/2022 Docuftned by: 1hVt, bo4VAMOFf,oAlernber 9/21/2022 Date: FDocuSi/Igned11e�by: S,K. "tom ue o gang, Clerk 9/21/2022 Date: HOLLY J. HARMEYER �P.•••..e;�; Notary Public, State of Indiana Hamilton County STATE OFINDIANA ) ?+:, +; Commission Number NP0737982 )SS: �i�1DIPNP� '��,,,,,,,��`` My Commission Expires December 15, 2029 COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared .lames 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. `�. p 20 22 Witness my hand and Notarial Seal this e'erAotaryyP&i9-V- ResidinginJf September My Commission Expires: 12/15/2029 Hamilton County Holly J Harmeye r Printed Name DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 o""'Y'P''/* HOLLY J.:HARMEYEAPt•Notary Publice of Indianaz;SEAL "` HamilountySTATE OF INDIANA ) * • +c Commission Nr NP6737982)SS: i' My Commn Ex'ires'iii/,,,,,,,� Decem, 2029 COUNTY OF HAMILTON ) 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 Board of Public Works & Safety. Witness my hand and Notarial Seal this / day f September -s0 2 . My Commission Expires: 12/15/2029 Notary Pu Residing in Hami 1 ton County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Holly J Harmeyer Printed Name HOLLY J. HARMEYER ;��?�`•••.�s`%Notary Public, State of Indiana Hamilton county ;SEAL +; 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 m hand and Notarial Seal this �/-' da of September 20 22 My Commission Expires: 12/15/2029 Nota , P 1• Residing in Hamilton CountY Holly J Harmeyer Printed Name DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 y'pV'ii HOLLY J. HARMEYER •• s - Notary Public, State of Indiana 'i: • �_Hamilton County ;SEAL; = STATE OF INDIANA ) =*'. : * Commission NumberNP0737982 i�%yD�ANP �� o My Cmmission Expires )SS: ''' ��"`� December 15, 2029 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 Carmen,, Indiana. Witness my hand and Notarial Seal this / day f September , 20 22 � My Commission 121151202xpires: y No ary ubl' Residing in Hamilton County Holly ] Harmeyer Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, Linder 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, 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: 5642928D-5E4645CO-98D6-83D681323032 IS•(51412022 — MOMPaon) — 1F.' 51412022 8.25 AN NORTH IND" STATE PLANE L3 EAST ZONE BEARINGS BMP EASEMENTAREA WOOD PORSCHE RE, ILC V. �+ INSTR. 12011069254 i 0.075f ACRES. � L5 I J L 1 L7 PO/NT OF NORTH R/W CITY OF C 1RMEL BEGINNING 96TH ST INSTR 12018049559 W N 0 S 89'37 02" E 1159.50' PO/NT OFCOd1MENCEMENT SW CORNER, E 112, SE 114 SEC. 7, 7-.17N., R.4E. FD. BRASS PLUG PER H.C. S 0. 77£ SHEET 96TH STREET (PUBLIC RIGHT-OF-WAY) _ S 89 J7'02" E 162.33' _ SOUTH UN-' SE 1/4 — SECTION 7, T.17N., R.4E. SE CORNER, E 112, SE 114 4 SEC. 7, T 17N., R.4E. FD. HARRISON MONUMENT PER H.C.S.O. 77E SHEET LINE TABLE LINE J DIRECTION LENGTH L 1 S 8929 04' E 10.80' L2 N 00'1624' E 82.73' 0 S 89'49 32' E 63.04' L4 S 00'11 41' W 46.23' L5 N 89'36'11 " W 53.02' L6 S 0023'49' W 36.76' L7 N 892904' W f0.00' REFERENCE: This exhibit is based upon the boundary survey by Civil do Environmental Consultants, Inc., Project No. 318-454 Civil & Environmental Consultants, Inc. 530 E. Ohio Street, Suite G - Indianapolis, IN 46204 317.655.7777.877.746.0749 www.cecino.com SCALE IN FEET 0 _ 30, - 60' GIBSON COMMERCIAL CONSTRUCTION, LLC 3400 E. 96TH ST. CARMEL, INDIANA 46240 BMP EASEMENT DRAWN BY: CJV CHECKED BY: TJT APPROVED BY: ABS EXHIBIT: C DATE MAY 3 2022 DWG SCALE: 1 "-30' PROJECT NO: 318-4541 1 O r 2 EXHIBIT A DocuSign Envelope ID: 5642928D-5E4645CO-98D6-83D681323032 I5•0s1s/zo" - rrnwnpson/ - Lr o/+/sruz o:zo — BMP EASEMENT DESCRIPTION Part of the lands conveyed to Wood Porsche RE. LLC in the Instrument Number 2011069254 in the Office of the Recorder of Hamilton County, Indiana, being located in the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East of the Second Principal Meridian, Cloy Township, Hamilton County, Indiana, being more particularly described by Tyler J. Thompson, LS201400006 of Civil & Environmental Consultants, Inc. on May 3, 2022, as follows: Commencing at the Southwest corner of said East Half -Quarter Section; thence South 89 degrees 37 minutes 02 seconds East (Indiana State Plane East Zone Grid Bearings) along the South line of said Southeast Quarter Section 1159.50 feet to the Southerly extension of the West line of said Instrument Number 2011069254; thence North 00 degrees 25 minutes 28 seconds East along said Southerly extension and West line a distance of 65.11 feet to the Northwest corner of the lands conveyed to the City of Carmel in Instrument Number 2018049559 in said Recorders office, being the North right-of-woy line of 96th Street; thence South 89 degrees 29 minutes 04 seconds East along said North right-of-way line a distance of 10.80 feet to the POINT OF BEGINNING; thence North 00 degrees 16 minutes 24 seconds East a distance of 82.73 feet; thence South 89 degrees 49 minutes 32 seconds East a distance of 63.04 feet; thence South 00 degrees 11 minutes 41 seconds West a distance of 46.23 feet; thence North 89 degrees 36 minutes 11 seconds West a distance of 53.02 feet; thence South 00 degrees 23 minutes 49 seconds West a distance of 36.76 feet to said North right-of-way line; thence North 89 degrees 29 minutes 04 seconds West along said right-of-woy line a distance of 10.00 feet to the Point of Beginning, containing 0.075 acres of land, more or less. Tyler J. Thompson Registered Land Surveyor No. LS21400005 May 3, 2021 tth o mpsonOcec inc.com prepared by Tyler J. Thompson I affirm, under the penalties for perjury, that 1 hove 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 boundary survey by Civil & Environmental Consultants, Inc., Project No. 318-454 Civil & Environmental Consultants, Inc. 530 E. Ohio Street, Suite G - Indianapolis, IN 46204 317-655.7777 - 877-74M749 www.ceeinc.com No. 214G0006 STATE OF UR GIBSON COMMERCIAL CONSTRUCTION, LLC 3400 E. 96TH ST. CARMEL, INDIANA 46240 BMP EASEMENT BY: CJV1CHECKED BY: MAY 3. 2022 DWG SCALE: TJT 1 APPROVED BY: PROJECT NO: EXHIBIT A