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Home My WebLink AboutEASEMENTS-Storm Water Easement - Carmel Development V-20221006 (1)2022048963 EASE $25.00 DocuSignEnvelope ID: 40C61F31-AD50-4593-9425-588CB612064E 10/06/2022 10:23:39AM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 11111111111111111111111111111111111111111111111111111111111111N IN JJH Cross Reference to Deed: 2022021826 WD GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT A re 1rLo This casement (the "Easement") is by and between Carmel Development V, 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 if) the cross reference above (the "Real Estate"); WHEREAS, Grantor intends to provide a mixed use residential and commercial building along with associated utility connections sidewalks drives and parking structures on the Real Estate and, in connection with the construction, development and operation of the private Proscenium Phase 2 mixed -use development, 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 Exhibit "A" (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. DocuSign Envelope iU 4DC61F31-AD50-4593-9425-58BCB612064E 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 Ouahty 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 Pen -nit 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 tinder 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 Expcnses 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 8. Use bar 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. DocuSign Envelope ID: 4DC61F31-AD50-4593-9425-58BCB612064E Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents aald waaxants 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. Carmel Development V, LLC ("Grantor") AnthonyW. Birkla Printed Dame Date: 09/09/2022 STATE OF INDIANA ) )SS; COUNTY OF HAMILTON ) Before arse, a Notary Public in and for said County and State, personally appeared Anthony W. Bikla, who acknowledged execution of the foregoing Easement for and on behalf of Carmel Development V, LLC, Witness my hand and Notarial Seal this day of S 20d� My Commission Expires: A y '1 t Notary blic Residing in Marion County _Tracy L Van Osdol Printed Name 1RACY L VAN OSDCL Notary Public SEAL State of Indiana My Commisdon Expires September 28. 2M4 DocuSign Envelope 0 41)C61F31-AD50-4593-9425-58BCB612064E CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ("Grantee") Not Present James Brainard, Mayor Date: DocuSigned by; Marynn ember Date: 10/5/2022 rDocuSigned by: vt (Pdsoli. L wmet lber 10/5/2022 Date: DocuSigned by: ATTEST: 683A89D7A9844C5_. Sue Wolfgang, Clerk 10/5/2022 Date: STATE OF INDIANA ) Mayor James Brainard was not )SS: present at the meeting and did COUNTY OF HAMILTON ) not sign this document. Before me, a Notary Public in and for said County and State, personally appeared .lames 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 xxxxxxxx day of xxxxxxxx 120 My Commission Expires: XXXXXXXX XXXXXXXX Notary Public Docu5ign Envelope ID; 4DC61F31-AD50-4593-9425-58BCB612064E Residing in XXXXXXXX County STATE OF INDIANA ) )SS COUNTY OF HAMILTON ) XXXXXXXX Printed Name HOLLYJ. HARMEYER Notary Public. State of Indiana Hsmiiton County -' SrF,L`` _ Commission Number NP0737982 My Commission Exp4os December 15, 2023 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. October 22 Witness my hand and Notarial Seal this da of 20 My Commission Expires: 12 /15/202p9 Residing in__ Hami 1 ton County ( ' --- i C C 2-z' / f --tom' Notary Pub • Holly ] Harmeyer Printed Name H0LLYJ. H A R M E Y E R ,•�ii �`a�'.••.�a'�. Notary Public. State of Indiana. STATE OF INDIANA ) -`SEAL - Hamilton county Commission Number NP0737982 )S: My Commission Expires COUNTY OF HAMILTON ) December 15, 2o2s 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 Sea] this My Commission Expires: 12/1V2029 Residing in Hamilton _County day of October 20. 22 Nota Pubes ry Holly a Harmeyer Printed Name DacuSign Envelope ID: 4DC61E31-AD504593-9425-56BCB612064E STATE OF INDIANA ) )SS COUNTY OF HAMI.TON ) "'. HOLLYJ. HARMEYER Ay p ii Notary Public, State of Indiana z in- :SEAL;- ? z Hamilton County Commission Number NP0737982 ,, i' • '� $ by t AN �$' My Commission Expires December t6, 2029 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 Cleric of the City of Carmel, Indiana. Witness my hand and Notarial Seat this d y of - October 20 22 My Commission Expires: 12/15/2029 Notary Pu Residing in Hamilton County Holly 3 Harmeyer 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 — .Ion Oberlander, Esq. Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kaslunan, P.E., City Engineer, One Civic Square, Carmel, IN 46032 PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT EXHIBIT �I 0 50 100 LOT 27 C —EF SLOT -1 SI F F L - I L {1_ N LOT 28 S \ r a 589'523b — 95---- 5 1 ; 1 s SOO'00'00"E S89'57'34'"W SOO'09' Ei"W e1I i - _4, ,•, 3.46' 1 1 .70' 106.53 = R` 44' n h N00'30'48"E v ._ ,.... 83.31 i - ./TE r' Re.=1, ve1 N89'50'44"W P.O.F3. -�' E' •<�+ EXECUTIVE DRIVE 11 ^.3LE R C NOTES: I. "M." DESIGNATES MEASURED DIMENSION /9EARlNG, "R" DESIGNATES RECORD OIMEN90N/BEARING PER PLAT INSTft. NO. 94—M328, 'ki.' DESIGNATES RECORD DIMENSIDN/BEARING PER IN— NO.-18005315. 2. DISTANCES ARE SHOWN IN FEET AND DECIMnL PnR TS THEREOF. 3, NO DIMENSION SHALL BE ASSUMED BY SCALE MEASUREMENT HEREON. LEGAL DESCRIPTION: A PART OF LOT 1 IN CARMEL CENTERPO[NTE, SECTION 1, AN ADDITION TO THE CITY OF CARMEL IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF -.c RECORDED AS INSTRUMENT NUMBER 9466d26 IN THE OFFICE OF ]HE KLGORDER OF HAMILTON COUNTY. DESCRIBED AS FOLLOWS - BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG -nfr SOUTH 1INF OF SAID 1 OT 1, NORTH S9 OFGRFF 7, 90 MINUTES 44 SECONDS WEST, A DICTAN CE OF 10.64 FEET; THENCE NORTH 00 DECREES 30 MINUTES 48 SECONDS EAST, A DISTANCE OF 83.31 FEET', THENCE SOUTH 89 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF 11.70 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 3.46 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF 95.85 FEET; THENCE NORTH 00 DEGREES 00 MINUTES GO SECONDS EAST, A DISTANCE OF 27-89 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS FAST" A DISTANCE OF 104-85 FEET; THENCE SOUTH OO DFGRFFS 00 MINUTES 00 SFC:ONDS FAST, A DISTANOE OF 1.15 FFFT; THENCE NORTH 90 DFGRFFS 00 _ MINUTES DD SECONDS EAST, A DISTANCE OF 12.88 FEET TO THE EAST LINE OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1, SOUTH 00 DEGREES 09 MINUTES 16 SECONDS WEST, A DISTANCE OF 106.53 FEET TO THE POINT OF BEGINNING; CONTAINING 0.093 ACRES, MORE OR LESS. THE BASIS OF BEARINGS REFERENCED HEREON IS [HE INDIANA STAIE PLANE COORDINAIE SYSTEM EAS1 ZONE (NAO 83)- WOOLPERT, INC. PROJECT NO: 819,18 NO. DATE REVISION \A/ 333 North Alabama St. `T-T— Suite 200 DATE 09/01 /22_ W Q Q L P E R T Indianapolis, IN 46204 DES, SRK nss,G-+I GEosoas,e Iwcoes.a,<T.ns 317.299.7500 DR. PTK ---- FAX: 317.291.5805 CKD. WLD