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Home My WebLink AboutEASEMENTS-Grant of Perp Storm Water Easement - Tom Wood Power Sports-20220926DocuSign Envelope 10: 5642928D-5E46-45C0-98D6-830681323032 2022046921 EASE $25.00 09/26/2022 11:41:37AM 8 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented Cross Reference to Deed: 2011-0692S4 II II II II II I II I 1111111111111111111 II EJC GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement') is by and between Wood Porsche -RE. LL,C, (the "Grantor") and the City of Carmel, Indiana (the "City"), by and through its Board of Public Works & Safety (the "Grantee") and sliall 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 install permeable Pavers on the Real Estate and, in connection with the construction, development and operation of the Tom Wojodl?ower5 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 Pen -nit 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 _ st I 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. permeable ap.vers 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 _Reoair. 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 DocuSlgn Envelope ID: 56429280-5E46-45C0-98D6-83D681323032 diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality St stem 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 outllo%v therefrom violates or fails to comply Faith 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 maintcnance. repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirernents set forth in the Permit and%or the Ordinances; provided. hoavever, 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 EK enses 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 b� Grantor and Other Casements. Grantor shall be permitted to use the Casement Area and also to grant other easements within the Casement Area for anN 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. Amendn3ent. This Easement may be amended only by a written instrument signed (1) by then owner of the Real Estate and Board of Public Works & Safety of Carmel. Indiana or its successor or (it) 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 Fasement 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-5E46-45G0-98D6-83D681323032 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, Wood Porsche RE, LLC ("Grantor") Printed Name Date ` LJ `2-D,, � STATE OF INDIANA j )SS: COUNTY OF HAMILTON j efore me, a Notary Public in and for said County and State. personally appeared �Qr f14Ma _, who acknowledged execution of the foregoing Easement for and on behalf of sf Odri` orr,R/1AP a LL�_ Witness my hand and Notarial Seal this w.. d_ .. day ofs,4k My Commission Ex ices: 0 1C /I a Jl k C Notary Public Residing inkk/ldf-� a County Printed dame DocuSign Envelope ID: 56429280-5E46-45CO-98D6-83D681323032 CITY OF CAR11EL BOARD OF PUBLIC WORKS & SAFETY ("Grantee") J� DocuSigned by' , Mayor Date: 9/21/2022 Do uSlqn by J.y "�n Urke, Membei Date: 9/21/2022 --- DocuSignad by' L 'VAIMw5cAlernber 912112022 Date: A-FTEST D—A:Q-by. Sueo ggan. Clerk gang, 9/21/2022 Date: ..... ..... HOLLY J. HARMEYER Notary Ruble-, State of Indiana Hamilton County SEAL: STATE OF INDIANA commissioo Number NP0737982 My Commission Expires )SS: ...... December 15, 2029 COUNTY OF HA,'Id fl, f'ON ) Before nic, a Notary Public in and for said COLIIII[V and State, personally appeared .lames Brainard. a 1-nernber of the City of Carmel, Indiana Board of Public. Works & Safety and acknowledged execution of the forcooiriv Easement for and on behalf cif City of (.'armel, Indiana Board ofPublicWorks & Safety. Witness my hand and Notarial Seal this VV Comillission Expires: 12/15/2029 Residin- in �iami I ton V, Y' September 22 7- -'Nowry Pu[I Ic Holly J Harmeyer Pl-iTlted Name DocuSign Envelope ID: 5842928D-5E46-45C0-98D6-83D681323032 * a,, HOLLYJ. HARMEYER � • • y Notary Public, State of Indian -_' AI a Hamilton County STATE OFINDIANA :SE . Commission NumborNrl737982 My commission ExMi(ts ASS: December 15, 2[i29 COUNTY OF HAMIL,TON Before me, a Notary Public in and for said County and State, personally appear+::d 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 f September 9 22 Nly Commission Expires: 12/15/2029 Notary Pu • ' Resldlnb in Hamilton County Holly J Harmeyer Printed Name HOLLY J.:HARMEYER J•• •�'% Notary Publicof Indiana °:SE�� HamiltntySTATE OFINDIANA � r COmmiseionNP0737852 y ,e., My commxpires )SS: '%,,,,, ` Decemb2 229 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 Cannel. Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel hoard of Public Works & Safety. Witness Inv hand and Notarial Seal this C, daN of September 20 2L My Commission Expires: 12 15/2029 Nbtak . It Residing in Hami 1 ton County Holly ] Harmeyer Printed Name DocuSign Envelope ID: 5642928D-5E46-45CO-98D6-83D681323032 STATE OF INDIANA } )SS COUNTY OF HAMILTON ) HOLLY J. HARMEYER �� , • • 's Notary Public, State of Indiana of Hamilton County SEAL Commission Number hP0737982 ;�. •• '7 My Commission Expires v; December 15, 2929 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 C� day �f �. 2a22• 17 . My Commission Ex lres. Notary I, e' Residing in Hamilton County Holly J Harmeye r !Tinted Name Pursuant to IC 36-2-1 ]-1 5(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. [N 46032 RetUrn to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 5642928D-5E46-45CO-9BD6-830681323032 P.'y JT4-tw13re-+.uY-suMrylorrol.SYva E,(SEJPFNTSy.3r8t3s-stiaa- ' eA5£ ENT0i&Artwrrl LS'(51412022 - (y-mPW i) - Ld' 51412022 8.26 ,W I I I NORTH TNDA4IA STATE PLANE L3 EAST ZONE 8F.4RIND5 I I BMP EASEMENT ARE4 ,f #WD PORSCHE R£, LLC 0,075f ACRES. -J INSTI? f2011059254 I N 4 L 1 L7 I J POINT OF N R7H R11W C1Ty of CARAIR BEGINNING 967H ST lNSTR. 12O F8049559 �I WI I N' 96TH STREET o (PU&IC RIGHT OF -WAY) z I I S 89'37'02' E 1159.512 -�L— S !393IO2- £ 162.JJ' �. SOL7H L1nE SE 1f4 - SECTION 7, POINT OF COMMENCCMENT SE CORNe R, E 1/2 s£ 114 " SW CORNER, E 112, SE 114 SEC: 7, T 17M, ,P.4E SFC. 7, T. 17N„ R. 4£. F0. .N.tRR1SON ,1lON'JIi,_Nf F0. SPASS PL L G PEA' N. C. S O. 17E SHf_'E' PE'R H.C. S.O, TIE 5h1-ET LINE TABLE LINE ,# DIRE077ON LENGTH L 1 S 89'79 04 " F 10,80' L2 N 00'1624' E 82.73' 13 S 89'49 J2' £ 63.04' L4 S OD`11 '41 ' W 46.23' L5 N 8936'lI' W 5J.02' L 6 S 0023 49' W 36.76' L7 N 8929'04' W 10W' REFERENCE: This exhibit is based upon the boundary survey by Civil & Envlronment6 conaultante, Inc., Project No. 318-454 Civil & Envilro=nental Consultants, Inc. 5W E. Ohio Street, Suite G - Indianapolis, IN 46204 317.655-7777 �877.74"74S w".cednc.wrr DRAWN BY: CJV.GHECKEDBY: DATE' MAY 3, 20227 0WG SCALE _ _ 1 SCALE IN FEET D 30 60 GIBSON COMMERCIAL CONSTRUCTION, LLC 3400 E. 96TH ST. _ CARM EL, INDIANA 46240 BMP EASEMENT TJT IAPPROVFL) BY: AI35 .-3U PROJECT NO: 318.454 EXHIBIT A DocuSign Envelope ID: 56429280.5E46-45C0-98D6-83DG81323032 It' '--111 -ru1-sv.a1kAvis'a2 - rc "-) - w -- BMP EASEMENT DESCRIPTION Port of the lands conveyed to Wood Porsche RE. LLC in the Instrument Number 2011069254 In the Mae of the Recorder of Hamihon Covaty, Indiona, being located in the Eoel Ralf of the Southeast Quarter of Section 7, T..r.hip 17 North, Range 4 Cost of the Second Principal Meridian, Clay 7ownehip, Hamilton Courtly, Indi-ra, being more pe rtlaalarly described by Tyler J. Thompson, IS201400006 of OW & E-1-n-Ma1 Consultants, Inc. on May 3, 2022, ae fallavr.! Commencing at the Southwest comer of .aid East Hall -Quarter Section; thence South 89 degrees 37 minutes 02 ends East (Indian. Stole Plane East Zone Grid eear;nge) .long the South t;ne of aid Southeast Quarter Section 1159.50 feet to the Southerly extension of the West line of sold Instrument N,xnber 2011069254; tternae North 00 de9raes 25 min:.tes 28 seconds East along said Southerty axteneron and West line a distance of 55.11 Fest to the or Nlh...l Garner of the land. onveyed to the City of Carmel In Instru'neni Number 2018049559 in said Record.Y e office, being the Northright-of—y line of 96th Street; thence South t19 degrsea 29 mmuiee 04 ascends East .long sa!d North right-of-woy line a distance of 10,80 Feet to the POINT OF BEGINNING; thence North 00 degrees 18 rninutee sec 24 onds East a distance af 82.73 feet; thence South 89 degrees 49 minul4s 32 seconds East o distance of 63T 04 feel; thence South 00 degrees 11 minutes 41 seconds West 0 diatonca of 46.23 test; thence North 69 degree. 36 minutes 11 seconds West a distance of 53.02 tent; thence South 00 degrees 23 minutes 49 ands West a distance of 36.76 feet to said North right-of-way line; thence North 89 degrees 29 minutes 04 seconds Weak along said right-.F-way line a distance of t000 feet to the Point of Beginning. conloinin9 0.075 acres of land, more or lees. Tye J. ThompsonRegistered Land Surveyor Na. LS21400005 May 3, 2021 tth ompaonoc_!_..am prepared by Tyler J. Thompson I affirm, under the penalties for perjury, that I hove taken ,-...able core to redact each Social Security number In this dxumenI unless requ hod by lay. Tyler J. Thompson REFERENCE: This exhiblt I. based upon the boundary surrey by C1v11 I Environmentol Consultants. Inc.. Project No. 318-454 Civil & Vn i iron ental Consultants, Inc 53C E Ohio £bust, Suits O Indianapolis, IN 46201 3' ).NS&nn 8-74 719 COMMERCIAL CONSTRUCTION, LLC 3400 E, 96TH ST. CARMEL, INDIANA46240 BMP EASEMENT CJV CHECKED BV; I.II AYYhI rt r: MAY 3 20P2 DWG SC-L PROJECI - 310.454 2 EXH11314' A