HomeMy WebLinkAboutEASEMENTS-Grant of Perp. Stormwater Quality Mgmt Easement - GEICO-20220812 (1)2022039842 EASE $25.00
DocuSign Envelope ID: 03B32FA4-C696-4930-ABA3-E98FlCC99DC4 08/12/2022 10:14: 53AM 10 PGS
Jennifer Hayden
Hamilton County Recorder IN
Cross Reference to Deeds: 2020-79890 Recorded
as e II I III I I I I III III
2015-59487
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT JMZ
This easement (the "Easement") is by and between Superior. Strcct,._LLC and Carmel Indy
Holdings, LLC (collectively, the "Grantors") and the City of Cannel, 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 Grantors executes this Easement or the date on which Grantee executes this
easement;
WITNESSETH THAT:
WHEREAS, Superior Street, LLC owns real estate identified by Parcel Number 16-13-11-
00-00-041.000 and Carmel Indy Holdings, LLC owns real estate identified by Parcel Number 16-13-
t 1-00-00-036.009 (collectively, the "Real Estate"); and,
WHEREAS, Grantors intend to build a parking lot addition on the Real Estate and, in
connection with the construction, development and operation of the parking lot, 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, TIIEREFORE, in consideration of the mutual covenants herein set forth and other
good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors
hereby grant 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 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 cons(ructed, installed and maintained by Grantors, at
Grantors' expense, in accordance with the Permit and the Ordinances.
Section 3. Purpose of) asement. 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 requirement,, of the Permit and the Ordinances.
DocuSign Envelope 10: 03B32FA4-C696-4930-ABA3-E98F1CC99DC4
Section 4. Maintenance and Repair. It shall be Grantors' 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 Stonn 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 S. Failure of Storrs Water QualitS stem. 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 Grantors, to perform, at Grantors' 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 Grantors of their responsibility to maintain and operate the Storm Water
Quality System, which responsibility shall be continuous and ongoing.
Section 6. Reimbursement of Expenses and Enforcement. Grantors shall reirnburse Grantee for
costs and expenses incurred by Grantee in the performance of the maintenance, repairs,
modifications and/or replacernents specified in Section S 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. Grantors 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 owners 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 owners 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. Acknowled ment. Each Grantor hereby acknowledges that the Easement Area
crosses two different parcels of property. The Grantors further acknowledge that in signing this
Easement they are granting only the Easement Area for the parcel that they own and that
Grantors shall be jointly and severally liable for maintenance of the Storm Water Quality
System.
DocuSgn Envelope ID: 03B32FA4-C696-4930-ADA3-E98F1CC99DC4
Section 11. 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.
SUP 'OR OR STREET, LLC
By -
Date: 2, \ti 4"k
*bru
STATE OF•FA PIA- dA f )
�-�ilxcaS� )SS:
COUNTY OF hl hTi9 d )
Bef re me, a Notary Public in and for said County and State, personally appeared
r , w io acknowledged execution of the foregoing Easement for and
on behalf of
Witness my hand and Notarial Sea] this
My Co nis ion Expires:
Residing}
_
in County
__JLq�_ day of �LUCI�'V , 20A
&_� a'L'
Notary Public
Printed Name
E CUTED AND DELIVERED in my presence:
Witness Signature
Witness Printed Name
N�_"LI4u
STATE OF IINDbkNA )
LAQ-0v
) SS:
COUNTY OF )
GENERAL NOTARY- State of Nebraska
�`r DEANN L OLTMAN
`r c My Comm. Up. August 16. 2021
Befo a »e, a Notary Public in and for said County and State, personally appeared
,1. 4 1 , being known to me to be the person whose name is subscribed as a witness
to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing
DocuSign Envelope ID: 03B32FA4-C696-4930-ABA3-E98F1CC99DC4
instrument was executed and delivered by - A in the above -named
subscribing witness's presence, and that the aboveaiamed subscribing witness is not a party to the
transaction described in the foregoing instrument and will not receive any interest in or proceeds
from the property that is the Subject of the transaction.
Witness my hand and Notarial Seal this A ,day of &C , 20-c,).
NOTARY PUBLIC
My Commission Expires:
- 04
GENERAL NOTARY - State of Nebraska
�. DE:ANN L OLI-MAN
My Contni. Exp. August 1 G. 2021
NC,
STATE OF A NUA )
Lcv)kw — )Ss:
COUNTY OF HAM L � )
Printed Name
My County of Residence:
CA L ADOLDINGS, LLC
By
Date: 'a� l t o
Befo+ir 1ne, a Notary Public in and for said County and State, personally appeared
K l , who teikuwledged execution of the foregoing Easement for and
on behalf of
Witness my hand and Notarial Seal this — day of , 20A.
My Com iss'on Expires:
Notary Public
Residing in County
E�ECUTED AND DELIVERED in my presence:
Witness Signature
Witness Printed Name
n-Lr
dlmv�
Printed Name
GENERAL NUARY -State of Nebraska
DEANN L OLTMAN
�r My Comm. Exp, August 16. 2021
DocuSign Envelope ID: 03B32FA4-C696-4930-ABA3-E98FiCC99DC4
�� o-
STATE OF 94DIAA1 )
SS:
COUNTY OF (q�[(j,
Beforej me, a Notary Public in and for said County and State, personally appeared
(A�ICI1 .._®, being known to me to be the person whose name is subscribed as a witness
to the foregoing instrument, who, being dul sw rn by me, deposes an s that �{,e foregoing
instrument was executed and delivered by e 'r i ( { 6 eiiamed
subscribing witness's presence, and that the abovenamed subscribing witness is not a party to the
transaction described in the foregoing instrument and will not receive any interest in or proceeds
from the property that is the subject of the transaction,
Witness m hand and Notaria Seal this 1I!1-1
Y � day of E_, - , , 20,:>?J.
_ 1
NOTARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence:'
GENERAL NOTARY - State of Nebraska
to DEANN L DLTMAN
MyOomm.Exp.August16.2021 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
1f UocuSpign'ed by:
afbVVY91#card, Mayor
Date:3/3/2021
�DocuSigned by:
MaYt� §VA,. bAt,
Mary Ann Burke
Date: 3/3/2021
F
PocuSl�1gjhned by:
V1 1Ni711s6v,
LorE asoi] ...
Date: 3/3/2021
DocuSign Envelope ID: 03B32FA4-C696-4930-ABA3-E98F1CC99DC4
ATTEST: 0ceuSig" by:
Sue wargang, Clerk
Date: 3/3/2021
STATE OF INDIANA }
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared .lames
Brainard, a member of the City of Cannel, 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 C mmission Expires:
Notary Public 00
saI'N
5:...., tiOp�i�
Residing in County a�,Ss+oNxv,, !��
Printed Name �j' q),11 It
i .-A I
I.
STATE OF INDIANA } �'p'••. .* �~
SIN
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 �ffd day of. K-AatLh , 204
My Commission Expires:
Residing in County
I I ;71�' axt-
Notary ublic
Printed Name
��
STATE OF INDIANA ) o�` �,�SA.M S`C0�
J
)SS:
\�� ,•:�yassiohr `f, �i.
COUNTY OF HAMILTON ) a "C 19k� S.
ac
Z : 'Q�6ClC o
Ca'�. ..•' �Q
S
DocuSign Envelope ID: 03B32FA4-C696-4930-ABA3-E98F1CC99DC4
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 �iCd day of ��(,j�('�/j , 20-4
My Cotnmiss•on E spires:
Residing in County
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 , 201.
My Commis ion E Aires:
' No ary Fulblic
Residing in i�km County —"
Printed Name
EXECUTED AND DELIVERED by each of the foregoing signatories oil`�jii�l11%JfUq Board of
Public Works and Safety in my presence: `.� ��SA..,,SC
�� 45510N 0p••
� G �••
1 x U'
NOT44rS %
Witness Signature o i 5;
s
AUSLIC s O
n%
Witness Printed Name �i'�GAti••••....•� • Q�
S Alt %%%%��•`•
STATE OF INDIANA }
) SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
DocuSign Envelope ID: 03B32FA4-C696-4930-ABA3-E98F1CC99DC4
EXHIBIT A
PAGE I OF 3
A LAND BOUNDARY DESCRIPTION OF A
BMPIDRAINAGE EASEMI:N1'
QVI:R A PORTION Ol` "I`Iit
LAND OF CARMFI. INDY HOLDINGS LLC
101 WEs-r 103HD STRELT
CARMEL. INDIANA
AP{ZIL 10.2020
A part of the Northwest Quarter of Scclion 11. Township 17 North. Range 3 Easl.
Ilanlilton County, Indiana. more particularly described as follows: Commencing at the
solnhwest corner of said quarter section.. said comer being marked with a harrison
monument:. thence North 89 degrees 03 minutes 13 seconds Last along the south line of
said quarter section 608.11 feet to the cast righl-of-way line of Illinois Street; thence the
rollowing two (2)courses along said east right-of-way line: 1) North 00 degrees 16 minutes
51 seconds Fast 103.75 feet; 2) Northeasterly 150.56 feel along an arc to the right and
having a radius of485.00 I4el.. subtended by a long chord having a bearing of North 09
degrees 10 minutes 25 seconds fast and a length of 149.95 feel to the POINT OF
BEGINNING of this easement description; thence continuing Northeasterly along said east
right-of-way line 20.16 feet along an arc to the right and having a radius of 485.00 feet..
subtended by a long chord having a hearing of North 19 degrees 15 minutes 28 seconds
East and a length of 20.16 lest; thence South 63 degrees 29 minutes 44 seconds East 39.70
feet; thence North 90 degrees 00 minutes 00 seconds East 112.68 feet; thence North 00
degrees 19 minutes 14 seconds East 166.35 feet; thence North 41 degrees 57 minutes 04
seconds Fast 191.55 feet; thence North 85 degrees 03 minutes 23 seconds East 46.22 reel;
thence South 51 degrees 12 minutes 52 seconds East 33.99 feel; thence North 36 degrees
06 minutes 58 seconds Least 12 1,85 feet; thence North 00 degrees 21 minutes 49 seconds
Last 61.91 Feet; (hence North 58 degrees 23 niinutcs 16 seconds West 29.05 feet; thence
North 36 degrees 13 minutes 45 seconds Gast 40.32 feet; thence. South 54 degrees 15
nlinutes 16 seconds East 69.39 feet: thence South 89 degrees 38 minutes I I seconds East
40.09 feet to the west right-of-way line of` Superior Street; thence the following two (2)
courses along said west right -OF -way: I ) Southerly 39.04 I`eet along an are to the right and
having a radius of 55.00 feet, subtended by a long chard having a bearing of South 02
degree 34 nlinutes 54 seconds Nest and a length of 38.22 feet: 2) Southerly 17.10 feel
along an arc to the left and having a radius of 195.00 feel, subtcndcd by a long. chord having
a bearing. of South 20 degrees 24 nlinutes 10 seconds West and a length of 17.09 I''M:
thence North 89 degrees 38 nlinutes 1 I seconds West 36.71 feet; thence South 04 degrees
18 minutes 52 seconds West 90.05 feet; thence South 89 degrees 30 minutes 29 seconds
Gast 36.37 feet to said hest right-of-wav line of'Superior Street; thence the lbilowing two
(2) courses along said west right -of way line: 1) Southerly 25.06 leet along an arc to the
EXHIBIT A
PAGE I OF 3
G 1DE\CIientslGeico180484 Geico Parking Expansion 201914 0 lhsnptiwslCj%d\1-ng1t_Z a6
Sun er180-194BMN-.'SM I I_e2al.doca 411012o 12 41 I'M
- Prepared by Woolperr.. lr+r.
DocuSign Envelope ID: 03B32FA4-C696-4930-ABA3-E98F1CC99DC4
EXHIBIT A
PAGE 2 OF 3
A LAND BOUNDARY DEsCRIP1ION OF A
BMP/DR,\iNACI: EASI'MENU
OVER A PORTION OF THE:
LAND OF CARNIEI_ INDY HOLDINGS L.LC
101 WGST 1031111 S"rRE:I T
CARNIFL, 1NDIANA
APRIL. 10, 2020
right anti having a radius of 73.00 feet; subtended by a long, chord having a hearing of
South 01 degrees 51 minutes 41 seconds West and a length of24.94 feet; 2) Southcastcrl%
36.54 feet along an are to the right and having a radius ol'40.00 leer, subtended b% a long
chord having a bearing of South 53 degrees 29 minutes 47 seconds East and a length of
35.28 Feet; thence South 66 degrees 37 minutes 54 seconds West 30.97 feet; thence South
00 degrees 21 minutes 49 seconds West 35,53 feet: thence North 90 degrees 00 minutes 00
seconds West 42.29 feet: thence North 00 degrees 00 minutes 00 seconds East 22.63 feet:
Ihencc North 89 degrees 38 minutes I I seconds West 172.02 lets; thence South 00 degrees
00 minutes 00 seconds East 17.39 lect: thence North 90 degrees 00 minutes 00 seconds
West 28.52 feet; thence South 41 degrees 52 minutes 53 seconds West 36.36 feet: thence
North 48 degrees 07 minutes 07 seconds West 20.77 feel; thence South 41 degrees 57
minutes 04 seconds West 74.61 feet; thence South 00 degrees 19 minutes 14 seconds West
178.63 feet; thence North 90 degrees 00 mirtutes 00 seconds West 137,28 feet; thence
North 63 degrees 29 minutes 44 seconds West 41.87 1zel to the POIN"f OF 131 CNNING
and containing 0.969 acres. more or less.
EXHIBIT A
PAGE 2 OF 3
G'�DFIClienis`Geicol$0484 Geico Parking Fwansion 201IN 0 Disciplines'C ivilll=ngil..cEal-
Sun'e080484B\fPFSh9'F LraaLJoe\ 4/10i2o 13 41 Pit
Preptiral hr II wIperr, Inc,
npCUSign Envelope ID: 0313321=A4-C6964930-ABA3 E98F1CC99DC4
EXHIBIT A
PAGE 3OF3
SMP/DRAINAGE EASEMENT
OVER A PORTION OF THE
LAUD OF CARMEL INDY HOLDINGS LLC
101 WEST 103RD STREET
CARMEL, INDIANA
/ \
APRIL 10, 2020
O
ri
100 200 300
GRAPHIC SCALE IN FEET
-rOl
rQ,
ST��FT
c..e-W'.
eCEL l_:U��PD I —A T11E
CIF, .E
; LPER LAND
_'. H—GE GPEES, IT'
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EXHIBIT A
PAGE 3 OF 3
333 N- Alabama St. sosa, "^. •. -
Suite 200 11 U'l o` i Lre•nv �►T�� SEE vLr
WOO L P Ill R T 317.299.7500
DATE �,j ii� �..� ...... .—...... ..._........
FAX: 317.291-580,5 nr� viU