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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; 735 W. Carmel Drive - Lakefront Court Lot 2 in Medical Office Building; BCRM Professional PartnersDocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 ■ JANIF.S BizAINARD, VIANTOR September 12, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. LAKEFRONT CT. LOT 2 —GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT -MEDICAL OFFICE BUILDING Dear Board Members: The property owner at 735 W Carmel Drive (Lakefront Ct. Lot 2) has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction of a new medical office building. 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, Jeremy Kashman, P.E. City Engineer I)ITARI\11\l OV F\61\1 FRI\+; ()Ni (.I\II S)p Aw. (.AR w, 1\ 10032 Om4f iI S'1.I1-11 F+\,',l li?III cnµ+rncn+iuK.:m)x-Lin.µ.++ DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 Cross Reference to Deed: 2022013573 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the BCRM PROFESSIONAL PARTNERS LLC , (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 A NEW STORMWATER BMP on the Real Estate and, in connection with the construction, development and operation of the private STORMWATER BMP, AQUASWIRL XC-4 , 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" (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. DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 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 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: 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. By. Printed Na� Date: JJ �► I t ' 2 C �2 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) - Cti-C-6 A-L Before me, a Notary Public in and for said County and State, personally appeared T..� , who acknowledged execution of the foregoing Easement for and on behalf of G e" Pyfc - SS ICr 4-t, P/{ lL rN SA-S Witness my hand and Notarial Seal this day of 20 �s My Commission Expires: -2:-4 -2.Oc -4 �iotary I iMtc Residing inr—'6 County"c'1' . 1 Print&d-8 CINDY CC URTNEY COLTER NotaryPublic. State of Indiana 0A." Commission Number: NP0631762 My Commission Expires December 27, 2027 DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Dmuftned by: James Brainard, Mayor 9/21/2022 Date: Dmuftned by: aVI& bAt, Mary nn urke, Member 9/21/2022 Date: Docu3igned by: �eYt (�a{Seln. Loria son, ember Date: 9/21/2022 ATTEST: �DocuSpned by: Ste. Wol� BB3�25... Sue Wolfgang, Clerk Date: 9/21/2022 HOLLY J. HARMEYER P•Y �� a <P.•••.:s;'; Notary Public, State of Indiana c = Hamilton County STATE OF INDIANA ) _` SEnI_ } c , . . Commission Number NP0737982 )SS:%, ti ,A My Commission Expires %«;;,;; `` December 15, 2029 COUNTY OF HAMILTON ) 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, of September 20 ?2 My Commission Expires: 12/15/2029 Notary Pub DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 Residing in Hami 1 ton County Holly J Harmeyer Printed Name "y HOLLY J. HARMEYER STATE OF INDIANA ) _ �°P-- P`a� Notary Public, state of Indiana Hamilton County )SS: ; .. ; • Commission Number NP0737982 COUNTY OF HAMILTON ) ii�ND1ANP 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 Sea] this(20 da o September 920 22 My Commission Expires: 12 / 15 /2 02 9 Notary Public Residing in Hami 1 ton County Holly J Harmeyer Printed Name HOLLY J. HARMEYER STATE OF INDIANA �P e' Notary Public, State of Indiana ° ' ` ' Hamilton County )SS: =2;SEAL s . x Commission Number NP0737982 roo ANp`\� My Commission Expires COUNTY OF HAMILTON ) o,,,,;,,,,,, 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. `�l p , 20 2 2 Witness my hand and Notarial Seal this �4Notary of September r My Commission Expires: 12/15/2029 li Residing in Hami 1 ton County Holly J Harmeyer Printed Name DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 11111',,� 0 LY J. HARMEYER o\a P• " m''JNotary Public, state Indiana STATE OF INDIANA ) � �'• Hamilton County * = Commission Number NP0737982 )SS: =Z.SCAL *' COUNTY OF HAMILTON ) ''';",DO ii%" ` MDCommission ember�15, 2029 a 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 �ay f September 20 22 My Commission Expires: 12/15/2029 Not ry Publ' Residing in Hamilton County Holly J Harmeyer 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, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Cannel, IN 46032 rpocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032 X p� LAND DESCRIPTION: CARMEL DR/VE SUBJECT PARCEL OWNER: BCRM PROFESSIONAL PARTNERS LLC DEED:INST. #2022013573 LOT 2 IN LOTS 2,3,4 AND 5 OF BLOCK 11 CARMEL SCIENCE & TECHNOLOGY PARK 0 LAKEFRONT COURT t0.958 ACRES 0 50, 100, SCALE: 1" = 50' 1 N O J LL O w z J �104.87' x w a O Ir a co - -� S87° 03' 20"E 20.00'-\ 61 EASEMENT AREA N2° 56' 42"E 20.00' N87° 03' 18"W 20.00" N2° 56' 42"E 23.53' LAKEFRONT COURT POINT OF COMMENCEMENT SE CORNER OF LOT 2 <Y O U H Z O W IL w V G S2° 56' 42"W 20.00' POINT OF BEGINNING A PART OF LOT 2 OF LOTS 2, 3, 4 AND 5 OF BLOCK 11 CARMEL SCIENCE AND TECHNOLOGY PARK, A SUBDIVISION IN HAMILTON COUNTY, CLAY TOWNSHIP, INDIANA, THE PLAT OF WHICH SUBDIVISION IS RECORDED IN PLAT CABINET 4, SLIDE 349, AS INSTRUMENT NUMBER 2007043932 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2; THENCE NORTH 02 DEGREES 56 MINUTES 42 SECONDS EAST (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 2 DISTANCE OF 23.53 FEET TO A POINT ON THE EAST PROPERTY LINE OF SAID LOT 2, BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 87 DEGREES 03 MINUTES 18 SECONDS WEST A DISTANCE OF 20 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 42 SECONDS EAST A DISTANCE OF 20 FEET; THENCE SOUTH 87 DEGREES 03 MINUTES 18 SECONDS EAST A DISTANCE OF 20 FEET TO A POINT ON THE EAST PROPERTY LINE OF LOT 2; THENCE SOUTH 02 DEGREES 56 MINUTES 42 SECONDS WEST ALONG THE EAST PROPERTY LINE OF LOT 2 TO THE POINT OF BEGINNING CONTAINING 400 SQUARE FEET. EXHIBIT A