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Home My WebLink AboutDrees Premier Homes - Grant of Perp. Stormwater Quality Easement2022026245 EASE $25.00 DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876O67C77 05/26/2022 11: 36: 24AM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II II II II II I II I I II I II I I II TGR Cross Reference to Deed., 2022-I3376 GRANT OF PERPF.TIIAI, STORM] WATER QUALITY IVLANAGEIVIENT EASENtENT This easement (the "Easement") is by and between the Mee- Premier Homes,lne (the "Grantor") and the City of Cannel, Indiana (the "City"), by and through its Board of Public Works c& Safety (the "Grantee") and shall have as its effective date the later of the date on which Grantor executes this Easement or the (late on which Grantee executes this casernent; WITNESSETH THAT: WIIEREAS, 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 a single farnilyt'csidence on the Real Estate and, in connection with the construction, development and operation of the residence _, the City has approved or will approve a Stonu Water Management Permit (the "Permit"); and, W11FREAS, the City requires this Easement in order to verity 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 I. 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. Stonm 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, detention area___ and structural and non-structural best management practices (collectively the "Store Water Quality System") to be constructed, installed and maintained by Grantor, at Grantor's expense, in accordance with the Permit and the Ordinances. $ection 3. Purposc.cxf Eascnicnl. 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. iVlaintenance and Repair. It shall be Grantor's obligation to maintain in proper working order and to repair and/or replace the Stonn Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5FB-707876087C77 diminished from the capabilities set forth in the Permit and (ii) the Stomi Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Stonn Water Quality S syg tem. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with [lie 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 S. 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 said 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: C28BEB39-AA3A-4A74-B5F6-707876087C77 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. Drees Premier Iiomes Inc. By: Anthony Hartman, General Manaper Printed Name Date: / ` %✓ - 2--0.2-7-- STATE OF INDIANA } }SS: COUNTY OF HAMILTON } Berore me, a Notary Public in and for said County and State, personally appeared t1li who acknowlc�cd execution of the foregoing Easement for and lf'of Y mIei' &wIY - ahrr, _ Witness my hand and Notarial Seal this L3 day of202? My Commission Expires: Residing in . -4&r'drlCl� County ram' � o:.• _ NOTAAY PUBLIC a SEAL s S3sr �`co 6tiA Icks1O� Numae�..• 1,, OF iNQ � \\` Lvrrnl, owy Public Printed Name DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 CITY OF CARMEL BOAR.[) OF PUBLIC WORKS & SAFETY ...Signed 6Ell 97-256F62+8B6431 James Brainard, Mayor Date; 5/6/2022 F1111181911dbl: Qvun. t, Mary Ann Burke, Member 5/6/2a22 Date: DocuSigned by: (� ks6t" Lon WH986,,' Member 5/6/2022 Date: ATTEST: DacaSlgnedlby: �SNt W91 --- 663ASSWA9844M.. Sue Wolfgang, Clerk 5/6/2022 Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 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 Carmet, Indiana Board of Public Works & Safety. JI-1 Witness my hand and Notarial Seal this day of 20'4, My Commis ion ix it s; _Lu.! -_. _ '%,<�11.11N�� Notary Public �� \'BA M SC �Fo P,csiding in 1 County 1`'y o� �' BOTAgy`r I nntedie pUauc s ��tf111141�� DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 STATE OF r DIANA } )SS: COUNTY OF HAMIL`i'ON ) 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 day of 20 r My Commission Expires; [votary Public �`.••........'• N0 r Residing inCounlyluc �qy " Printed Name ` o C: I % ,o ft....." rj4 ,, STATE OF INDIANA ) �`�i'h +S KA )SS: COUNTY OF 14AMILTON } 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 My Commission Expires - Residing in }'"1 .. County day of _... --- , 20 Notary Public [ 'Jak- ....��. Printed Name ❑ocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 STATE OI 1NDIANA ) )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 , 20 Co mission xpires: -! Notary Public g - r!— Residing i4"bm. ___County � � c z - Pnnte i lame `<<�11tu1tip�i ESN M SC'_ � agssioµ FxaTT''i�i a tt�OiTA�gy,, yT Y, SS iitillN0%. 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 - Jon Oberlander, Esq. Prepared by: Jon Oberlander, Interim Corporation Counsel, One Civic: Square, Cannel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Cannel, IN 46032 DocuSign Envelope PD: C28BEB39-AA3A-4A74-B6F6-707876087C77 X F---' 1 ER I -F A P.MP FASEMFNT -Al.- -D- T-f:- j," A furl. .ter khe N—th E.2t X-Ing, Fast.1" "'t—I m C:— n OT ' I ,I .1 L III.L. xth ..I AC, OF REGINNING 'h lids W-' L23r4 C-L. th-- N- )kh A. ., 1,— -3 —,61 "1, W-L! L-00 F-L; Lb.— 110, ,? d,g— 50 --t- -q k W-1 07-3a C-L; thenceN-, 44 41 —.-A, N-L 15.17 r,,eL Lh--, ""'th 5� a _11 _j'_k W! -, L � 71 '15 � t H 8r OF IP 7 -'Jrs L H N '. t : :3 -Inut- 44 --d-, M� 31 f-t� Lb.— S-A�.t39 A -a 2 cL, 1-1. t th, P 11v I.E I 2 3 -3"F �ASE�I�Ijr FNt