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Home My WebLink AboutEASEMENTS-Grant of Perp Storm Water Quality Easement - 14598 Oak Ridge -20220822FDS 2022041762 EASE $25.00 08/22/2022 04:13:38PM 8 PGS Jennifer Hayden Hamilton County Recorder IN Unrusign Envelope ID 6A9F830C-961C-41GA-88AD-8o607A5Fa67o Recorded S IIPresented III I II III II Cross Reference to Deed. Deed Book 167, Page 596 GRANT OF PERPETUAI, STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between ftrmzm � athattc t3rc3eesc cat t amy'c+te, (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 etTective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSE t'H l'I-IAT: 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 infrastructure on the Real Estate and, in connection with the construction, development and operation of the infrastructure, 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, umder 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" "B1VI1? Access Easement" graphic depiction and Exhibit "B" "BMP Access Easement Description" legal description. Section 2. Stone 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 stone water quality infrastructure. which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, BMi s and structural and non-structural best management practices (collectively the "S(orm 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. E?urEose of Easement. Grantee shall be and hereby is pennitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Stoma Water Quality System, and (6) 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 Storer Water Quality System, or parts thereof, DocuSign Lnvelope ID: BA9F830C-961C41CA-88AD-80607A5F8670 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 Stonn 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 arc 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: 6A9F830C-961C-41CA-88AD-8D607A5F6670 Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he has been duty 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, 7 Rev. Itieodore C. Dudzinski Printed Name Date: .) une 15, 2022 STATE OF INDIANA )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared r1ev 'N't(O-e (, who acknowledged execution of the foregoing Easement for and onbehalf of Witness my hand and Notarial Seal this I day of j LL 2 O—V— inrqiss ton 0 My C' Expires: ?E _ 1 5 1 W 71L— Nk ary Public Residing in_S& �re- County '2cb k L Printed Name ROBIN C:ALDANARO Notary Public, Stale of Indiana Werfan Courity b , .,n 31 1 on Nu bar NOW MY COMM123i" Ex'3110ts MA Februa 26 DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSigned by: I arRYWAftd, Mayor 8/17/2022 Date: .�_.. DocuSigned by: QWA, Wit, Mary Ann Burke, Member 8/17/2022 Date: r.,.� Docu9ignetl by: oat; 4Viember Date: 8/17/2022 ATTEST: DmuSig ned by: :m, aet E5---643ans,agsaass-.. ,_ Sue Wolfgang, Clerk 8/17/2022 Date: HOLLY J. HARMEYER ;`4P��• A e''r Notary Public, State Of Endlena STATE OF INDIANA = °' _ Hamilton county e SEAS ` Commission Numbor NP0137982 )SS:Nei Aa4 `` My Commission Expires COUNTY OF HAMILTON ) December 15, 2029 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 m hand and Notarial Seal this d' y f August 20 22 y % — r eMyojffixpires: i r >�- l�Z'�`�No ary Residing in Hamilton _County Holly ] Harmeyer Printed Name DocuSign Envelope 10:6A9F830C-961C-41CA-88AD-8[)607A5F8670 .;. J. HARMEYER ","; >..••. HOLLY Notary Public, State at Indiana STATE OF INDIANA ) SFai = Hamilton county commiaalon Number NF0737982 )SS: �oiaa My Gommiasirn Expires December 5, 2a28 COUNTY OF HAMILTON ) " + t 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. 22 Witness my hand and Notarial Seal this of August 20 . My Commission Expires: 2/15/2029 Nota Pu lic Residing in Hami 1 ton County Holly J Harmeyer Printed Name """ , HOLLY J. HARMEYER °�?FY s'',LLNotary Pumic, state of Indiana STATE OF INDIANA J Hamilton county )SS: 2 seal-; ,•,• .. � Commission Number NP0737982 COUNTY OF HAMILTON ) ti�,pN� My Commission expires �,,,,,,,,,,,�� Dec®mbar 15, 2a29 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 Cannel Board of Public Works & Safety. Witness my hand and Notarial Seal this My C1t2/15/2026ires: Residing in Hamilton County August 22 _day of _ r } 20• '.....ry Public" Holly 3 Harmeyer Printed Name DocuSign Envelope ID: 6A9FB3CC-961C-41CA-88AD-8D607A5FB670 H7ME HOLLY J. Notary Public, I f� l E Cif IN�?IANA ) E4t + -Commission Ham'sktoS Nu """"'`Q ��'//ll My Commission Expires December 15, 2029 )SS; 11 lt�S 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 Cannel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seat this /�Iday fAugust 20 22 My C12%I5� 02 ires: 'NDta a lic / Residing in _ _ Hamilton----- -r County Holly ] Harmeye r Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, kinder the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law F- Jon Oberlander, Esq. Prepared by; Jon Oberlander, Interim Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashrnan, P.E., City Engineer, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 6A9F83OC-961C-41CA-88AD-8D607ASF8670 F N 9d EXHIBIT "A'" I i I w LQ N65s I �P 1�p. SOUTH LINE OF SOUTHFAST QUARTER OF SECTION 14, TORNSHM 18 NORTH, RANGE 3 EAST PAINT GINNING 895.00 ' NORTH LINE OF NORTHEAST DUARTER OF SECTION 23, TOWNSHIP I8 NORTH, RANGE 3 EASI 5.00 Sb821'29Y1 ' NORTHEAST CORNER OF 5EC.23. fI8N. RJE L ALSO 13EING THE M SOUTH€AST CCRNER OF SEC. 14, T18N, RJE1 N21'38'31 W 15.00'BMP ACCESS EASEMENT .� 3,606t SQ. FT. � �t ROMAN CATHOLIC DIOCESE OF LAFAYETTE-W-INDIANA, INC. OFF0 BOOK 167. PACE 596 k N W F l W E1HE E BMP ACCESS EASEMENT ENGINEERS S oCS DATE: 1212212021 DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-80607A5F8670 EXHIBIT "B" BMP ACCESS EASEMENT DESCRIPTION PART OF THE NORTHEAST QUARTER OF SECTION 23 AND PART OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 3 EAST IN WESTFIELD WASHINGTON AND CLAY TOWNSHIPS, HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 23, ALSO BEING THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 14, THENCE SOUTH 89 DEGREES 13 MINUTES 24 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, ALSO BEING THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 895.00 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF WEST 1461" STREET; THENCE NORTH 69 DEGREES 14 MINUTES 57 SECONDS EAST ALONG SAfD SOUTH RIGHT OF WAY LINE 201.77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 21 DEGREES 38 MINUTES 31 SECONDS EAST 176.68 FEET; THENCE NORTH 68 DEGREES 21 MINUTES 29 SECONDS EAST 25.00 FEET; THENCE NORTH 21 DEGREES 38 MINUTES 31 SECONDS WEST 15.00 FEET, - THENCE SOUTH 68 DEGREES 21 MINUTES 29 SECONDS WEST 5.00 FEET; THENCE NORTH 21 DEGREES 38 MINUTES 31 SECONDS WEST 161.37 FEET TO THE AFOREMENTIONED SOUTH LINE Of WEST 146TH STREET; THENCE SOUTH 69 DEGREES 14 MINUTES 57 SECONDS WEST 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3,606 SQ. FT., MORE OR LESS.