HomeMy WebLinkAbout111th & Spring Mill - Grant of Perp. Storm Water Mgmt. EasementDocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
■v1■ o o � ■101;
u
jv\ws BRAINARD, MAYOR
October 11, 2022
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: 111`h & SPRING MILL ROAD —GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT
EASEMENT- THE STEADMAN APARTMENTS
Dear Board Members:
Bridges Apartments, LLC has requested the city accept a Grant of Perpetual Storm Water Quality
Management Easement associated with construction of the Steadman Apartments at the NE corner of
111`h and Spring Mill Road
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
ONJ OX U Sqr %He. CARMrt.. IN 16032 Oi ra r i l'.:;' 1.21 11 FAx 3 1 ;-1 ? 09
F UPI cnsincs'rinLa..n ns Lin;Nu
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
Cross Reference to Deed: 2021-68667
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
APPROVED
This easement (the "Easement") is by and between Bridges Apartments, 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 build 5 multi -family buildings. 6 detached garages and a
clubhouse on the Real Estate and, in connection with the construction, development and operation of
the private storm sewer, 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 I. 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.
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: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
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 \%ith 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 Perniit 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 perfonmance 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 attorneys
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 reN iced site plan.
DocuSign Envelope ID: C6116F7F-BE534F6E-A420-7D7E8247D1BB
Section 10. Authorit).. The undersigned person executing this Easement for and on behalf of
Grantor represents and warrants that he or she has been duly authorized b) Grantor to execute
and deliver this Easement, and that all actions, %otes. approvals and or restrictions necessary to
allo%N the execution and delivery of this Easement ha%a been undertaken.
Bridges Apartments, LLC
B) : Cit) scape Bridges Apartmen(s. LLC, its manager
By: Ascent InN estment Holdings, LLC, an Indiana
limited liabilit) compan), its Manager
B) : Derrick R. Cranor, Manager
Date: IA/* S/Z2
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a NotarN Public in and for said Count) and State, personall) appeared
AtttYiGK 15�� , who acknowledged execution of the foregoing Easement for and
on behalf of 15iiAAe5 °` ''^°'a"� _
Witness m) hand and Notarial Seal this 3rd da) of OC_4 ,67 f , 20,E
M) Commission Expires: �-
il, it.;0;?9 Not r3 'ublic
Residing in AA;J,'vd' Count) tj(1�40 L— Q,)(AN
Printed Name
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
Not Present
James Brainard, Ma)or
Date:
iyned by: DocuS
QKA& bu&
A�' Mli'ke, Member
Date: 10/19/2022
DocuSigned by:
(,oV1
81842849D�..
Lori Watson, Member
Date: 10/19/2022
ATTEST: EEE'89NA9844'C5
Siyned by...
Sue Wolfgang, Clerk
Date: 10/19/2022
STATE OF INDIANA )
)SS: ]ames Brainard hjh
COUNTY OF HAMILTON ) Not Present
Before me, a NotaD Public in and for said Comm and State, personal-h—apT)t cc-+amc-.s--
Brainard, of Carmel, Indiana Board of Puh ' orks & Safety and
acknoN%ledged execution of the foregoing Easement far and of alf of City of Carmel, Indiana
Board of Public Works & Safety.
Witness m) hand and Notarial Seaaj,* ss da) of , 20
M� Commission Expires:
Residing in / CountN
Notary Public
Printed Name
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
STATE OF INDIANA )
)SS
COUNTY OF HAMIL.TON )
HOLLY J. HARMEYER
?.•••.,ay%Notary Public, state of Indiana
z;SEAI_; - Hamilton County
_. • +; Commission Number NP0737982
%.tiniANp\ My Commission Expires
December 15, 2029
Before me, a Notar) Public in and for said County and State, personally appeared Mary
Ann Burke, a member of the Cite of Cannel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of Board of Public Works & Safeta .
Witness my hand and Notarial Seal this 19th d of October 20 22
MN Commission Expires: ��✓
12/15/2029 _ - -
Notary Publ•
Residing in Hamilton Count) Hol l y J Harmeye r
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
HOLLY J. HARMEYER
gyp• •�s'a Notary Public, State of Indiana
Hamilton County
.SEA-
+ +� Commission NumberNP0737982
10 ANp\` My Commission Expires
December 15, 2029
Before me, a Notar) Public in and for said Count)- and State, personal!} appeared Lori
Watson, a member of the Cit) of Cannel, Board of Public Works & Safet) and acknowledged
execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works
& Safety.
Witness mN hand and Notarial Seal this
M) Commission Expires:
12/15/2029
Residing in Hamilton Count}
19th da of October 20 22
Notar> Publi
Holly J Harmeyer
Printed Name
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
HOLLY J. HARMEYER
�Q• �e'% Notary Public, state of Indiana
STATE OF INDIANA 'z° SEAL:"Hamilton County
-
'. •• ; . Commission Number NP0737982
)SS:
My Commission Expires
COUNTY OF HAMILTON ) //iPNP\
/�„���m� December 15, 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 19th day of October 20 22
My Commission Expires: — -A
12/15/2029 Notary Publi eP
Residing in Hami 1 ton County Hol l y 3 Harmeyer
Printed Name
Pursuant to IC 36•2-11-15(b)(2), I affirm, under the penalties for perjure, 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
4G032
Return to: Jeremy Kashman, P.E., Cit% Engineer. One Cix is Square. Carmel, IN 46032
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
EXHIBIT "A"
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
LEGAL DESCRIPTION
36' BMP & Access Easement
A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East
of the 2nd Principal Meridian, Hamilton County, Indiana, described as follows:
COMMENCING at the southeast corner of said half quarter section; thence South 88 degrees 57
minutes 32 seconds West 310.02 feet along the South line of said half quarter section (assumed
basis of bearings) to a southwestern corner of that 4.530 acre tract described in Instrument Number
2013003752; thence North 01 degree 08 minutes 28 seconds West along a westerly line of said
4.530 acre tract, 50.00 feet to the northerly right-of-way of 1 I l th Street; thence South 88 degrees
57 minutes 32 seconds West 230.41 feet along said northerly right-of-way to the southeastern
corner of that 12.493 acre tract described in Instrument Number 2021068667, said southeastern
corner being the POINT OF BEGINNING of this description: thence South 88 degrees 57 minutes
32 seconds West and a distance of 36.00 feet continuing along northerly right-of-way of said I I I th
Street; thence North 01 degree 02 minutes 28 seconds West and a distance of 54.36 feet; thence
Northwesterly 173.00 feet along a tangent curve to the left having a radius of 226.50 feet and
subtended by a long chord having a bearing of North 22 degrees 55 minutes 19 seconds West and
a distance of 168.82 feet; thence Northwesterly 214.14 feet along a reverse curve to the right
having a radius of 273.50 feet and subtended by a long chord having a bearing of North 22 degrees
22 minutes 20 seconds West and a distance of 208.72 feet; thence North 00 degrees 03 minutes 30
seconds East and a distance of 451.84 feet to the north line of said 12.493 acre tract; thence South
89 degrees 56 minutes 30 seconds East and a distance of 36.00 feet along the north line of said
12.493 acre tract to the northeast corner thereof; thence along the eastern boundary of said 12.493
acre tract the following four (4) courses 1) thence South 00 degrees 03 minutes 30 seconds West
451.84 feet; 2) thence Southeasterly 185.96 feet along a tangent curve to the left having a radius
of 237.50 feet and subtended by a long chord having a bearing of South 22 degrees 22 minutes 20
seconds East and a distance of 181.24 feet; 3) thence Southeasterly 200.49 feet along a reverse
curve to the right having a radius of 262.50 feet and subtended by a long chord having a bearing
of South 22 degrees 55 minutes 19 seconds East and a distance of 195.66 feet; 4) thence South 01
degree 02 minutes 28 seconds East 54.36 feet to the POINT OF BEGINNING and containing
0.738 acres, more or less.
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
S89'56'30"E
36.00'
SCALE: 1 "=150'
ao 00
I I
w 3
-o I
Subject Parcel
ro 0
Bridges Apartments
LLC.
12.493 ACf
0 0
.�
Tax Parcel
0 0
29-13-02-000-001.017-018 z W
c
a,
W
R
= 237.50'
L
= 185.96'
R = 273.50'
L = 214.14'
R = 262.50'
L = 200.49'
R = 226.50'
L = 173.00'
S01'02'28"E
54.36'
N01'02'28"W
POINT OF
54.36'
BEGINNING
W J, NWJ
S88'57'32"W
W. 111 th
Street 36.00'
100' Public
R/W S88'57'32"W
rRNSW
230.41'
S88'57'32"W
N01'02'28"W
310.02'
50.00'
SE COR, W, NWT,
SEC. 2, T17N,
R3E
SEC. 2, T17N, R3E
scale:
1" = 15Y
AAILXICAN
■ STRUCTUREPOINT
36' BMP &
ACCESS
SHEET
Drawn By: J. Perry
I.ca
EASEMENT
Checked By: T.WGdi
1 OF 1
Date:
09129f2022
EXHIBIT
OM Rm Am S,Y 20D I WWWradc � 45240
TEL 71f,b11.50001 W 3 TS 0.02/0
Job No.. 2021.00998
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
LEGAL DESCRIPTION
BMP & Stormwater Easement
A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East
of the 2nd Principal Meridian, Hamilton County, Indiana, described as follows:
COMMENCING at the southeast corner of said half quarter section; thence South 88 degrees 57
minutes 32 seconds West 310.02 feet along the South line of said half quarter section (assumed
basis of bearings) to a southwestern corner of that 4.530 acre tract described in Instrument Number
2013003752; thence North 01 degree 08 minutes 28 seconds West along a westerly line of said
4.530 acre tract, 50.00 feet to the northerly right-of-way of I I 1 th Street; thence South 88 degrees
57 minutes 32 seconds West 864.01 feet along said northerly right-of-way to the northeastern
boundary of the intersection of said I 1 lth Street and Spring Mill Road per Instrument Number
2017014696; thence North 53 degrees 48 minutes 20 seconds West and a distance of 74.31 feet
along the northeastern right-of-way to the POINT OF BEGINNING of this description: thence
North 18 degrees 22 minutes 21 seconds West and a distance of 124.35 feet continuing along said
northeastern boundary; thence North 41 degrees 23 minutes 59 seconds East and a distance of
14.72 feet; thence North 02 degrees 37 minutes 30 seconds East and a distance of 25.79 feet; thence
South 89 degrees 58 minutes 18 seconds East and a distance of 481.10 feet; thence North 45
degrees 12 minutes 02 seconds East and a distance of 16.70 feet; thence North 00 degrees 08
minutes 56 seconds East and a distance of 154.97 feet; thence South 89 degrees 56 minutes 37
seconds East and a distance of 45.04 feet; thence Southeasterly 169.59 feet along a non -tangent
curve to the left having a radius of 279.00 feet and subtended by a long chord having a bearing of
South 27 degrees 23 minutes 30 seconds East and a distance of 166.99 feet; thence Southeasterly
130.63 feet along a non -tangent curve to the right having a radius of 221.00 feet and subtended by
a long chord having a bearing of South 27 degrees 52 minutes 18 seconds East and a distance of
128.74 feet; thence Southwesterly 82.40 feet along a compound curve to the right having a radius
of 47.00 feet.and subtended by a long chord having a bearing of South 39 degrees 04 minutes 27
seconds West and a distance of 72.24 feet; thence South 89 degrees 06 minutes 30 seconds West
and a distance of 390.27 feet; thence North 88 degrees 45 minutes 57 seconds West and a distance
of 136.52 feet; thence South 83 degrees 34 minutes 21 seconds West and a distance of 51.91 feet;
thence Northwesterly 18.97 feet along a non -tangent curve to the right having a radius of 32.00
feet and subtended by a long chord having a bearing of North 82 degrees 45 minutes 20 seconds
West and a distance of 18.70 feet to the northeastern boundary of the intersection of I I I th Street
and Spring Mill Road; thence North 53 degrees 48 minutes 20 seconds West and a distance of 5.88
feet to the POINT OF BEGINNING and containing 2.644 acres, more or less.
DocuSign Envelope ID: C6116F7F-BE534F6E-A420-7D7E8247D1BB
3
U
a
NO2'37'30 'E
25. I9'
N41'23'59"E
14.721
N18'22'21"W—\
124.3 '
POINT OF
BEGINNING
N53'48'20"W
Subject Parcel
Bridges Apartment LLC.
12.493 ACf
Tax Parcel
29-13-02-000-001.017-018
S89'56'37"E
45.04'
SCALE: 1 "=150'
N00'08'56"E
R = 279.00'
154.97'
L = 169.59'
BMP &
Stormwater
Eosement
N45'12'02"E
2,644 Act
16.70•
R = 221.00'
L = 130.63'
S89'58'18"E
481.10'
= 32.00'
L = 82.40
S83'34 21 W
88'45 57 W
S89'06 30 W
1'
02 S88'57'32"W
3
310.02'
S88'57'32"W —
864.01'
S. Line w 4, NW
�N53'48'20"W
W. 111 th Street N01'02'28"W
74.31'
100' Public
R/W 50.00'
SW COR, NWJ,
SEC. 2, T17N, R3E
SE COR, WJ, NWJ,
SEC. 2, T17N, R3E
scale:
1" = 159
VARIABLE BMP
A.MC-
■ STRUCTUREPOINT
& STORMWATER
Drawn By
J.Perry
SHEET
„c
EASEMENT
Checked By.
T McGill
1 OF 1
EXHIBIT
Date
09/2812022
m M„r Remit. sw 2m I bdr�. b "240
TEL 717 Sn WN I FM 717.54-M
Job No.
2021 OOM
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
LEGAL DESCRIPTION
15' BMP & Access Easement
A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East
of the 2nd Principal Meridian, Hamilton County, Indiana, described as follows:
COMMENCING at the southeast corner of said half quarter section; thence South 88 degrees 57
minutes 32 seconds West 310.02 feet along the South line of said half quarter section (assumed
basis of bearings) to a southwestern corner of that 4.530 acre tract described in Instrument Number
2013003752; thence North 01 degree 08 minutes 28 seconds West along a westerly line of said
4.530 acre tract, 50.00 feet to the northerly right-of-way of I I 1 th Street; thence South 88 degrees
57 minutes 32 seconds West 230.41 feet along said northerly right-of-way to the southeastern
corner of that 12.493 acre tract described in Instrument Number 2021068667; thence along the
eastern boundary of said 12.493 acre tract to the northeast corner thereof, the following four (4)
courses 1) thence North 01 degree 02 minutes 28 seconds West 54.36 feet; 2) thence Northwesterly
200.49 feet along a tangent curve to the left having a radius of 262.50 feet and subtended by a long
chord having a bearing of North 22 degrees 55 minutes 19 seconds West and a distance of 195.66
feet; 3) thence Northwesterly 185.96 feet along a reverse curve to the right having a radius of
237.50 feet and subtended by a long chord having a bearing of North 22 degrees 22 minutes 20
seconds West and a distance of 181.24 feet; 4) thence North 00 degrees 03 minutes 30 seconds
East 451.84 feet to the northeastern corner of said 12.493 acre tract; thence North 89 degrees 55
minutes 59 seconds West and a distance of 56.00 feet along the north line of said 12.493 acre tract;
thence South 00 degrees 03 minutes 30 seconds West and a distance of 238.91 feet to the POINT
OF BEGINNING of this description: thence South 00 degrees 03 minutes 30 seconds West and a
distance of 15.00 feet; thence North 89 degrees 56 minutes 36 seconds West and a distance of
209.97 feet; thence South 00 degrees 03 minutes 36 seconds West and a distance of 126.50 feet;
thence North 89 degrees 56 minutes 30 seconds West and a distance of 161.14 feet; thence South
00 degrees 03 minutes 30 seconds West and a distance of 260.52 feet; thence South 44 degrees 56
minutes 30 seconds East and a distance of 21.36 feet; thence South 45 degrees 03 minutes 30
seconds West and a distance of 15.00 feet; thence North 44 degrees 56 minutes 30 seconds West
and a distance of 27.58 feet; thence North 00 degrees 03 minutes 30 seconds East and a distance
of 281.74 feet; thence South 89 degrees 56 minutes 30 seconds East and a distance of 161.14 feet;
thence North 00 degrees 03 minutes 38 seconds East and a distance of 126.50 feet; thence South
89 degrees 56 minutes 36 seconds East and a distance of 224.97 feet to the POINT OF
BEGINNING and containing 0.276 acres, more or less.
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1 BB
S89'56'36"E
224.97'
N00'03'38"E
126.50'
S89'56'30"E
161.14'�
00
N
I
w
0
r7
0
0
0
z
N 44'56'30"W
27.58'
S45'03 30" W
15.00'
S00'03'30"W
238.91'
'-- N89'56'36"W
209.97'
S00'03'36"W
126.50'
N89'56'30"W
161.14' 15' BMP &
Access
Easement
S00'03'30"W 0.276 Ac
.276 ct
260.52'
S44'56'30"E
21.36'
N89'55'59"W
56.00'
SCALE: 1 "=150'
N 00'03' 30"E
451.84'
— S00'03'30"W
15.00'
Owner:
Bridges Apartments LLC.
Tax Parcel
29-13-02-000-001.017-018
S. Line W 1, NW1
W. 111th Street
100' Public R/W
388'57'32"W
230.41'
R = 237.50'
L = 185.96'
R = 262.50'
L = 200.49'
N 01 '02' 28"W
54.36'
S88'57'32"WJ
N01'02'28"W 310.02'
SW COR, NWT, 50.00' SE COR, Wj, NW},
SEC. 2, T17N, R3E SEC. 2, T17N, R3E
Scale
0 .„ 15' BMP 89 Drawn By J Peny
■ STRUCTUREPOINT ACCESS SHEET
EASEMENT chec�edey: T McGill 1 OF 1
9m9R_A. E.9w,2MIw.. arm.Y�ir AWQ
EXHIBIT Date. os�2srzoz2
re, ays,r.uao l r�x ay.srs9t,o
Job No.: 2021.00998