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Home My WebLink AboutSWQ-BMP Easement BCRM PROFESSIONAL PARTNERS LLCCross 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” 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, 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 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. 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 Name Date: ____________________________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared _______________________, who acknowledged execution of the foregoing Easement for and on behalf of _____________________________________. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ James Brainard, Mayor Date: __________ ________________________________________ Mary Ann Burke, Member Date: ____________ ________________________________________ Lori Watson, Member Date: ____________ ATTEST: ________________________________________ Sue Wolfgang, Clerk Date: ____________ STATE OF INDIANA ) )SS: 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 _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: 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 of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: 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. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: 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 _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ 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, Interim Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 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 ±0.958 ACRES S87° 03' 20"E 20.00' N2° 56' 42"E 20.00' N87° 03' 18"W 20.00' S2° 56' 42"W 20.00' N2° 56' 42"E 23.53' 104.87'EAST PROPERTY LINE OF LOT 200 50'100' SCALE: 1" = 50' N EXHIBIT A POINT OF COMMENCEMENT SE CORNER OF LOT 2 POINT OF BEGINNING LAND DESCRIPTION: 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. CARM E L D R I V E EASEMENT AREA LAKEFRONT COURT LAKEFRONT COURT