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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; Proscenium II; 1215 N Rangeline Road; EDocuSign Envelope ID: 4DC61F31-AD504593-9425-58BCB612064E �SIO 0 a 9 01 September 26, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. 1215 N RANGE LINE RD — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- PROSCENIUM It Dear Board Members: The property owner at 1215 North Range Line Rd has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction at Proscenium II. 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 [WPA rr\n m of F\(:!\FFRI\r. (wF CI\H $ICI iW, CMNIFI.. 1\ 40032 Optic, 31'.;"1.2+-11 F.+\ 317 i'1.2139 F\IAII engmrennx+lu�mxl.in.�n DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E Cross Reference to Deed; 2022021826 WD GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT i APPROVED ty.ron onvandr.r �: n gym, sn ra, xon This easement (the "Easement") is by and between Carmel Development V, 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; W ITNESSETH 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 provide a mixed use residential and commercial building along with associated utility connections, sidewalks, drives, and parkins structures on the Real Estate and, in connection with the construction, development and operation of the private Proscenium Phase 2 mixed -use development, 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 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: 4DC61F31-AD50-4593-9425-58BCB612064E 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: 4DC61F31-AD504593-9425-58BCB612064E 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. Carmel Development V, LLC ("Grantor") Anthony W. Birkla Printed Name Date: 09/09/2022 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Anthony W. Bikla, who acknowledged execution of the foregoing Easement for and on behalf of Carmel Development V, LLC. Witness my hand and Notarial Seal this day of S 6fT , 20 id X My Commission Expires: A V nv 1 _ 0 91 a-0 Notaryblic Residing in Marion County _Tracy L Van Osdol Printed Name TRACY L VAN OSDOL Notary Public SEAL State of Indiana My Commission Exp'ues September 28, 2024 DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ("Grantee") Not Present James Brainard, Mayor Date: DocuSigned by: QV" 6AG Mary nn ur e, ember Date: 10/5/2022 Doc Signed by: ri 0ja#saw Nwzmvwmataber 10/5/2022 Date: Ll�Ic-89NA9844Q5... Signed by: ATTEST: �� Sue Wolfgang, Clerk 10/5/2022 Date: STATE OF INDIANA ) Mayor James Brainard was not )SS: present at the meeting and did COUNTY OF HAMILTON ) not sign this document. 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 My Commission Expires: xxxxxxxx xxxxxxxx da of xxxxxxxx 20 Y xxxxxxxx Notary Public DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E Residing in XXXXXXXX County XXXXXXXX Printed Name � HOLLY J. HARMEYER `�PPY• P,o�'% Notary Public, State of Indiana STATE OF INDIANA } ----.SEAL:, = Hamilton County +�. : +; Commission Number NP0737982 }SS: My Commission Expires COUNTY OF HAMILTON } ,,, ,,, ` 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 My Commission //202p9ires: Residing in Hami 1 ton County day of October 20 22 Notary Pub Holly J Harmeyer Printed Name HOLLY J. HARMEYER ,`�P�• PGe<''c Notary Public, State of Indiana STATE OF INDIANA z:SEAL = Hamilton County Commission Number NP0737982 )SS: % M Commission Expires ND1A�P° December 15, 2029 ''' m i , COUNTY OF HAMILTON ) 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. 2 Witness my hand and Notarial Seal this My Comm12/115/202gssion pires: Residing in Hami 1 ton County Holly J Harmeyer Printed Name DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E HOLLY J. HARMEYER ?PY• P�a�% Notary Public, State of Indiana Hamilton County STATE OF INDIANA ) =Z SEAL; * . ;Commission Number NP0737982 P My Commission Expires )SS: / ��i't'D� PN��`� 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 Carmel, Indiana. Witness my hand and Notarial Seal this \5�1—x d y of October , 20 22 My Commission Expires: 12/15/2029 Notary Puwdl Hamilton Residing in 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 Kaslunan, P.E., City Engineer, One Civic Square, Cannel, IN 46032 DocuSign Envelope ID: 4DC61F31-AD504593-9425-58BCB612064E PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT EXHIBIT A 0 50 100 LOT 27 LOT 28 L.P '_G ATV 3T0''�14 � REPAF t:.'SCHfTftDER CAP - FEStDUG,ir. , ER — LOT 1 i&ND Ar C4RrN S fj CARME_ `EN tERPOIETE ECTICN 1 — — INSTRUM_NT NG. 94-36326 NOR'- LINE OF 54 1/4 OF SECTOta 31 10-4 I PARCEL u 16-10-31-00-02-C"Ot 000 -5 Ii':2"E RI STATE PARCEL #: 29-10-3t-002-001 000-018 1215 _ UTH RANGEUNE ROAC CARME_, IN 46032 1'4.08' R1tv1 _ . .NER: CARMEL DEv___=t,IENT - ti'� 1 FEF :' RRAMTV DEED INSTw 2C22C2'826 - n N90'00'00"E 1�. I PERPETUAL STORM WATER QUALITY 104.85' 8�nS a MANAGEMENT EASEMENT HEREBY GRANTED P° 04 s'aNZ O 4,052 S.F. OR 0.093 AC.t SOO'00'00"E 8 I— i Oz `1.15' Z ZN00'00'00"E33jaeEl o WR27.tcc 89' L Z z N90'0z 0'00"E gum 1 12.88' > 5223EYL2RI S89'57'34"W 5� T 522'i 4'20"E M. 95.85' <—" 46.13' R1&M. v k 3:Ad- z`tvso S5031'C•6"E Qt S00'00'00"E S89'S7'34"W S00 09 16 W 3Vco ma's" 550'32'14"E k1 - - 106.53' -'"'"'G�' ,Ueo f-2,s9' a18ch, 3.46' 1 1.70' oa�Om 3` i 11 a cTN Fx S94361 -Zc 44E C N a -55.5a.44..E 1.1 z � i :n: _I' 91&M SOO-1G'74"A RI N00'30'48"E '®V 50009'16".'+ M 1009' k' s89'55'00'n R. 83.31' tA00' R1 NR9" - __..►..._....._.___'^t._.............. �.......__.._.__... .. s4�Y M ORICN\AL SOUTH LINE OF tOT ' �r.00' R&M. T 160.30• AN Na9'49'36"A RI_ P.O.B. N89'50'44"s4 41. N89'50'44"W ROB EXCEPTION PARCEL —9970` Rt&MSE CORNER Or LOT 1 . EXECUTIVE DRIVE — b£R INSTR NO. 2C18J0531E 10.64' F ABLE- - 6. HCRETOPORE 'ECtCATED DER ,'1'='R NO 34-36326 —� NOTES: 1. 'M.' DESIGNATES MEASURED DIMENSION/BEARING, -R.' DESIGNATES RECORD DIMENSION/BEARING PER PLAT INSTR. NO. 94-36326, 'RI.' DESIGNATES RECORD DIMENSIONAEARING PER INSTR. NO. 2018005316. 2. DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. 3. NO DIMENSION SHALL BE ASSUMED BY SCALE MEASUREMENT HEREON. LEGAL DESCRIPTION: A PART OF LOT 1 IN CARMEL CENTERPOINTE, SECTION 1. AN ADDITION TO THE CITY OF CARMEL IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF i RECORDED AS INSTRUMENT NUMBER 9436326 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT 1, NORTH 89 DEGREES 50 MINUTES 44 SECONDS WEST, A DISTANCE OF 10.64 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 48 SECONDS EAST, A DISTANCE OF 83.31 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF 11.70 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 3.46 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF _ 95.85 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 27.89 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 104.85 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 1.15 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 12.88 FEET TO THE EAST LINE OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1, SOUTH DO DEGREES 09 MINUTES 16 SECONDS WEST, A DISTANCE OF 106.53 FEET TO THE POINT OF BEGINNING; CONTAINING 0.093 ACRES, MORE OR LESS. THE BASIS OF BEARINGS REFERENCED HEREON IS THE INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD 83). WOOLPERT, INC. BAR 333 North Alabama St —'WAR Suite 200 W O O L P E R T Indianapolis, IN 46204 065*N I OEOSOAtIAL IINmAST4UCTME 317.299,7500 FAX: 317.291.5805 PROJECT NO: NO. DATE 81948 DATE 09/01/22 DES. SRK DR. PTK CKD. WLD REVISION