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Home My WebLink AboutEASEMENTS-Grant of Perp Storm Water Quality Easement - Wood Porsche RE, LLC-20220930DocuSign Envelope ID: 5642928D-5E46-45C0-9806-83D681323032 2022048092 EASE $25. 00 09/30/2022 12:28:44PM 8 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented Cross Reference to [feed: 2011-069254 II II II II II I II I I II III I III GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between Wood Porselie_RF. LLC_, (the "Grantor") and the City of Cal�nel, 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 t11e 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 Poweports, the City has approved or will approve a Storm Water Management Permit (tile "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 $vstem, 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. ejrmeable_,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 0: 5642928D-5E46 45C9-98D6-83D681323032 diminished frorn 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 )ualit� 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 G. 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 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 S. Use b 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 6) 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-5E48-45CO-98D6-83D681323032 Section 10, Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that lie 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, LILC ("Grantor") 13y: GN z} U � - Printed Rime Date: STATE OF INDIANA } )SS: COUNTY OF HAMILTON ) efore me, a Notary Public in and for said County and State, personally appeared Q � 11 ma , who acknowledged execution of the foregoing Easement for and on behalf of A Ode] ` CdkP a L-L— Witness my hand and Notarial Seal this _ �� ® day oF� J,U11aLA . LO;t`D7' Pvty Commission Ex ices: P )d"tn Notary Public ,{ Residing inkV)�Ft • , County Printed Name -J - sFai .�r•esr� SEhL Rcuamte: b, 2-1 Can-ti�slw V ite. ?:PUE 93r.3 '.'�c, c,' Her.ii c; Gounry DocuSign Envelope ID: 5642928D-5F46-45CO-98D6-83D681323032 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ("Grantee") D—Signed by, Mayor Date: 9/21/2022 s " n by. a P 7',n� utke. Member Date: 9/21/2022 DocuSionad by, s6v, U Pwftt"iv,4Aernber 9/21/2022 Date: A17-ESF S Lie'tie 'tM10 gang. Clerk 9/21/2022 Date: HOLLY J. HARMEYER Notary Public, State of Indiana ;FALHamilton County : STATE OF [NOIANA Commission "umber NP0137982 My Commission Expires )SS: December 15, 2029 C 0 U-NT V 0 F HA i'v]J I-- FO N ) Bet�)re me, a Notary Public in and for said County and State, personally appeared James Brainard. a member of the Citv of Carmel. Indiana Board of Public Works & Safety and ack-nowledoed CXCCLltk)tl Of the f01-e4oing Easement for and on behalf of City of Carmel, Indiana Board of Public "'orks & Safety. %' itncss ni� hand and Notarial Seal this My (A)111111issioll Expires: 12/15/2029 1l.esidin- in Ham! I ton COLIFAV , /, Y,- September 22 oLal'v PL,J`11; le Holly 3 Harmeyer Printed Name DocuSlgn Envelope ID: 5642928D-5E46-45C0-98D6-830881323032 HOLLY J. HARMEYEM Notary Public, State of Indians `= sEaf' = Hamilton County STATE OFINDIANA commission Numbsr NP0737012 My Commission Expifes December 15, 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 oil behalf of Board of Public Works &c Safety. Witness my hand and Notarial Seal this, September /-day f ,-, -)022� ,'Ay Commission Expires; 12/15/2029 Notary Pu • _ Residing in Hamilton .County Holly I Harmeyer STATE; OF INDIANA ) )SS COUNTY OF HAMILTON ) Printed Name HOLLY J. HARMEYER r p�, ti�•••.,� �r notary Public, State of Indiana Hamilton County -SEAL. Commission Numper NPo—)37982 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 execition of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this )/- a% of September 0 21 My Commission Expires: 12/15/2029 Nbta-v pk li' Residing in Hami 1 ton County Holly I Ha rmeye r Printed Name DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-830681323032 HOLLY J. HARMEYER o •�gY Notary Public, State of Indiana r SEAL Hamilton County f, STATE OF [ND[ANA ) + . +=CornmissionNumberNPD737982 oi A'N,` My Commission 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 Carmel, Indiana. Witness mSeptember , .)y hand and Notarial Seal this day �f _ .0_.22 My Commission Ex ires:�/ 12/15/202 Notary PLibl' Residing in Hamilton County Holly ] Harmeyer --_.._ .......... -- --- Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law — Jon Oberlander, Esq. Prepared by: Jon Oberiander, 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-5E46A5CO-9806-83D681323032 P.4Jf0-00t71 J}4-4Nl-Su.wYlDy7lSW2 Eli4I£N751JT80*-SW2-&4?.L4"EMdlgl'A NJI1f U-65141"22 - rlha Aw4 - LP. 51412022 8.26 MJ NORTH IUD" STATE PLANE' L3 FA5T ZONE 6fARIN6S I BMP EA SEMEN TARE4 lsWD PORSCNL' RE, U6 0.075 t ACRES. 1NV??. 12011069254 �o 41 L7 PAINT OF NORTH R/ BEG/NNING 96TH Sr I w n 0 x S 99'37'02" E 1759.50'-� POINT OFCOMRlCNCEMEAIT SW CORNE.k E 1/2. SE 1/4 SEC. 7, L 1 -N., R.4E. F9. BRASS FLOC PER k, C.5. 0 11E 5111EET 96TH STREET (PUBLIC RIGW—OF—WAY) S $9'37'02- E 762.J3' _ R t. .SOUT6! C1NF SE 1/4 - sECTION 7, T,17N., R.4E.� ' SE CORN£R. F 1/2, SE 114 --' SEC 7, 7 17N.. R. 4E' FqJ HARRISON M0NUYF1vT PER N. c. S R. 77E s!-IFE LINE TABLE LINE DIREC770N LENGTH L I S w2g'04" E 10.Bo, L2 N 00'1624' F 82.7J' LJ 599,49 32' E 6JA4' L4 S 60' 11 '41 " W 46.2J' 15 L6 N 8936,11- W S 00'2J'49- W 5J02' J6.76' ; L7 N 892904' W ' 10.00' REFERENCE; This exhibit is based upon the boundary eurvey by Civil & Environmental Coneultonti, Inc., Project No, 318-454 Civil & Environmental Consultants, Inc 530 E. Ohio Street, Suds G - Indianapolis. IN 46204 317-666-7777 -8».746-0i49 Aw .CecinC.oam DRAWN By: CJV CHECKED BY. DATE' MAY 3, 2022 OWG SCALP: SCALE IN FEET 60' GIBSON COMMERCIAL CONSTRUCTION, LLC 3400 E. 96TH ST. ' CARMEL, INDIANA 46240 BMP EASEMENT APPROVED Bv: A6S EXHIBl7::TJT 3fl' PROJECT NO: 318.454 EXHIBIT A D—Sign Envelope ID: 5642928D-5E46-45GO-98D6-83L661323032 P 43ta-nao111B-rSf1-�"+Vlo+r9lsKta FASEx£N/s1 JIBeSf-sw<' BMP EASEMENT DESCRIPTION Part of the lands co aced to Wood Porsche RE, LLC in the Instrument Number 2011G69264 in the Office of the Recorder of Hamilton County, Indlano, being basted in the Eaat Half of the Southeast Quarter of Seat-n 7. Tovnahip 17 North, Range 4 East of the Second Principal 1AerAlan, Cloy Township, Hamilton County, Indiums, befog po rticufary described by Tyler J. "Thompson. LS201400006 .1 Civil & Environmental C...ultonte. Inc. on uay 3. 2022, as follows: Commencing at the Southwest corner of said East Malt-Ouorter Section; thence South 89 degrees 37 minutes 02 aecohda East (Indiana State Pbne East Zane Grid Bearings) along the South Ifs. of said Southeast Quarter Section 1159-50 feet to the Sauth.ny extension of the West line of said Instrument Number 2011069254; thence North 00 degrees 25 m nutes 28 second. East abnq said Southerly sxtens"6on and West line a distance of 65.71 Taal to the Northwset c n r of the rands onveyad to the City of Carmel In instrument Number 2015040559 i sold Recorder's off e, being r the North right-of-way lies of 981h Stresl thence South 89 degrees 29 minutes 04 a nda East a Song sold North right-of-way line a diatarlce of 10.8D feet to the POINT OF BEGINNING; thence North 00 degrees 18 minutes 24 Dodo East o distance of 82.73 feet; thence South 89 deg+ass 49 minute+ 32 se end. East a tlietonce of 83.04 feel; thence South OO deareae it minutes 41 geconda West a d<sta nee of 46.23c feat; thexe North 89 degqrear 36 minutes 1 t ands West a distance of 53.02 feet; thence South 00 degrees 23 minutes 49 onda Waat a distance of 36.76 feet to said North right-of-way line: thence North 89 degrees 29 '[nu tee 04 seconds Wes! along said right-of-way lima a 67atonce of 10,00 feat to the Point of Beginning, contoinFng 0.075 acre. of land, more or tees. f Tyler J. Thompson Registered Land Surveyar No. LS21400006 May 3, 2021 eth ompeonOcecinc.aom prepared by Tyler .1, Thompson I oftFrm, under the penoltiea for perjury. that I have token nabte c re to radoct each Social Security r nrber mu In othis docuent. nless r.gai red by low. Tyler Ju Thompson REFERENCE: This —hlblt To rased upon the boundary wey by CIVH & Environment-[ Consultant., Inc.. P—Jeat No. 318-454 Civil Sc Environmental Conaulta ta, Inc. 5:x0 E. 0.. S._,. Suite G - Indianapofie, W 56209 at r.6ss.rrn ar-ruwrae DrLkWN BY: wwC,.IVCCI•ECK[D {iY; k�11U1yrj////�i CV�� •'� TER �4� No. iy � '. 21400006 1 _ �1IHH111 I II I llll\1O\\� COMMERCIAL CONSTRUCTION, LLC 3400 E. 96TH ST, CARMEL, INDIANA 46240 SMP EASEMENT EXHIBIT A