Bharat Patel - Grant of Prep. Stormwater Mgmt. Easement2022026253 EASE $25.00
05/26/2022 11:43:01AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 II II II II II I III I II II I II II
Cross Reference to Deed: 2018-011803
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This casement (tile "Easenncnt") is by and between the Bharat Patel, (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;
WITNESSFTH THAT:
WHEREAS, Grantor is the owner of the real estate conveyed by the dccd identified in the
cross reference above (the "Real Estate"),
WHEREAS, Grantor intends to construct a private residence on the Real Estate and, in
connection with the construction, development and operation of the private residence, the City has
approved or will approve a Storm Water Management Permit (the "Permit"); and,
WI IEREAS, 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 steal Estate on, tinder and through which this
Easement exists is legally described and graphically depicted in what is attached hereto and
incorporated hercin by reference as Exhibits "A" and "B" (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 Stone Water Quality System, and (ii) 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 Storm 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-B5F6-707876087C77
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 perforrn, 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 b. 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 are not inconsistent or conflicting with this
Easement and the Grantee's rights under this Easement.
Section 9. Amendment. 'Phis 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: C28BE639-AA3A-4A74-B5F6-707876087C77
Section i tl. Authority. The undersigned person executing this Easement for and on behalf of
Grantor represents and warrants that he or she has been drily 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.
Printed Name
Date•/`I
STATE OF INDIANA )
.mgr14» )SS:
COUNTY OF +4*19N )
Before :Tei a Notary Public in and for said County and State, personally appeared
who acknowledged execution of the foregoing Easement for and
on behalf of ••
Witness my hand and Notarial Sea[ this 41
My C mmission Expires:
Residing in Ar l -ur )
County
NUVbG Own
Naary PuDlk S9d1$tAte a! IlMllan9
M�yCommisalvnNumrN 7Sda1�
Y Commiselon re8 0$l22/2028
' day of lrr,-c �i , 20Z4-
A
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N�
otary Public
/J� `/ a /G+ -S
Printed Name
DocuSgn Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087G77
CITY OF CAR)MEL BOARD OF PUBLIC WORKS & SAFETY
ATTEST:
Poeu5Igned by:
ra
lames ratnard, Mayar
Dates /6/2022
ED;�uSlg"
+4.
Mary Ann Burke, Member
5/6/2022
Date:
EacuSigned hy:
ri U�1a�fsew
sz
Lon atson, Member
5/6/2022
Date:
Docu3ignetl by:
F— c, k
UIVW 291?g, 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 Carmel, Indiana
Board of Public Works & Safety.
Witness my hand and Notarial Seal this day of , 20Z2--
My Cornmis ion Expires: T N t%%111.118111
'9.Notary Publicw"+s�,��:
Residing in `� County low,
z�
Printed Name
AV�ttC
40
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DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77
STATE OF INDIANA )
)SS:
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 Sea[ this -4h day of , 204%
My Commission Expires,
--
Residing in 44Ua 1 f —County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
, Ie, M !.e!!l��i
Notary Pub is .``mot ` •'ONfA..
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Printed Name — z r: '°[ •:
S�•. PUBUC 2
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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 day of U11 20
y Commission Expires:,
Notary Public
Residing in County �I
Printed Name
IIIt111fff!
.` i0N f
orA9j,`� s
Q
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x ; 08LIC
DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77
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 Cannel, Indiana.
Witness my hand and Notarial Seal this V day of , 20Qq
-
MYY Co�mmmission E Aires: s
J' b Notary Public
Residing in j jom County V)tnR UZ-Czf7_
Printed Name
Pursuant to IC 36-2-11-I5(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, Carmel, IN
46032
Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032
DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77
EXHIBIT "A"
PAGE 1 OF 3
STORM WATER QUALITY EASEMENT(S)
DITCH RD. N 016.26' E 600.01' -�
L_25 N _ nn OF CARMEL, INDIANA
X � INST. Ne. 2017043976978jN
m
M
d
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a
CD
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P.O.B. ESMT. 1
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1 '...` 35' SANITARY SEWEnR EASEMENT \
CLAY TOWNSHIP REGIONAL \ {{{
w 1 WASTE DISTRICT �\
INSTR. No.. 9017219 /
SANITARY SEWER k
E-a INGRESS/EGRESS ESMT, L-3
1 INSTR, No. 2019063690
® _ SANITARY SEWER ESMT. � E
Q 50' jQQ' E 5 INSTR. No. 2019663690 �
SCALE: 1" � 100' C_4 L-1
E_y
U
PA.B ESMT. 2
� 4
20. V,a
L'ti� 5
N
�� •v NO, 0046"W
262.91'
L 9 L-1
1
201
W
Ln 0
r, N
to
14
`
LEGEND
SECTION UNE
\
r a).
—
---
PROPERTY LINE
— EXIST. EASEMENT LINE
RIGHT-OF-WAY LINE
PROP. EASEMENT LINE
o
, �
ESMT. 1 (1.72 AC.)
L-15
ESMT. 2 (0.95 AC.)
BHARAT & ANJU PATEL, H/W
10155 DITCH ROAD
CARMEL, IN 46032
Scate: 1"=100'
VS Prof. No. 18-3943
INST. No. 2018011803, DATED 03/21 /2018
PT. NW. 1/4, SEC. 10, T17N, R3E, CITY OF CARMEL,
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA
TAX ID No, 29-13-10-000-001.203-018
Drawn By. BM
Checked By. BLH
Date: 04/25/2022
THIS EXHIBIT WAS PREPARED BY: TV N G N E E R I N G, INC.
7 1 4275 N. HIGH SCHOOL RD. INDIANAPOLIS, INDIANA 46254
TEL. (317) 293-3542 FAX: (317) 293-4737
0—Sign Envelope ID: C28BEB39-AA3A-4A74-B5FG-707876O87C77
EXH1131T "A"
STORM WATER QUALITY EASEMENT(S)
LINE TABLE
LINE ID
BEARING
DISTANCE
L-I
N 0-02'01" W
35.00'
L-2
N B9'57'59" E
70.00'
L-3
S 0'02'0l' E
35-00'
L-4
N 0'16'26' E
20-93'
L-5
N 73'05'16' E
314.39'
L-6
S 15'51'44' E
37.00'
L-7
N 73'09'15' E
20.00'
L-8
S 73'21'33' E
281.48'
L-9
L-10
S 0'00'00- L
N 8915V58' W
164.19'
257.80'
L-11
N I6'14'24' W
195.20'
L-12
L-13
N 15'51'44- W
5 73'08'16, W
37.00'
320.55'
L--14
S 89'57'59" W
163.92'
L-15
N 16'58'48' E
57.25'
L-16
5 66'06'57- E
43.75'
L-17
5 63'34'35" E
90.94'
1-l8
5 53'08'10' E
79.75'
L-19
5 52'47'23" E
75.34'
L-2D
5 53-37'18' E
33.83'
L-21
S 31'04'24' E
52.26'
L-22
S 25'01'23' E
90.99'
L-23
5 29'41'30- E
93.53'
L-24
L 25
5 29-44'58" E
N 076'26' F
62.71'
17876'
L-26
S 8943'34" E
40.00'
Curve Table
C.— ID
Length
Radius
I Della
C-1
47.17'
30.41'
90'00'00-
C-2
131.99'
42.17'
179'20'16'
1
C-3
96.51
62.17'
88'56'50'
C-4
16.36'
10.41'
90'O(YOU-
PACE 2 OF 3
Point
Northing
Eosting
Description
201
63.514.1580
59.998.5040
1 Harrison Mon. End_
203
60.845.8556
59.985. 7499
Reber W/Cap W/x Fnd_
BHARAT 8a ANJU PATEL, H/W - - - - -- Scale: N/A
10455 DITCH ROAD
CARMEL, IN 46032 VS Prof. No. 18-3943
INST_ No. 2018011803, DATED 03/21/2018 Drawn By. BM
PT. NW. 1/4, SEC. 10, T171N, R3E, CITY OF CARMEL, Checked By. SLH
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA
TAX ID No. 29-13--10--000--001.203-018 Date: 04/25/2022
THIS EXHIBIT WAS PREPARED BY: VS ENGINEERING, INC.
- -
- TEL. N. HIGH SCHOOL ftD. INDIANAPOLIS. I(317) 46254
TEL. (317) 293-3542 FAX: (3i7) 293-4737
UOcuSign Envelope ID: C28BEB30-AA3A-4A74-65F6-707876087C77
EXHIBIT "B" PAGE 3 OF 3
STORM WATER QUALITY EASEMENT No. 1
A Storm Water Quality Easement across port of the Northwest Quartof Section 10, Township 17
N.qh, Range 3 East of the Second Principal Meridian in the City of Carmel, Hamilton County.
Indiana, and being a part of the grantor's land as descr;bed in Instrument Number 20LS-011803 in
the Office of the Recorder of said county, described as follows:
Commencing at the southwest c of said Northwest Quarter; thence North 00 degrees 16
minutes 26 seconds East 178.76 feet along the west has, thereof; thence South 89 degrees 43
minutes 24 second, East 40.00 feet to the east line or Ditch Road as described In Instrument
Number 2017043976, the west line of the greater, and the POINT OF BEGINNING; thence North 00
degrees 16 m nuts. 26 s eonds East 20.93 feet along said east line; thence North 73 degrees OB
nu les 16 s r ands East 314.39 Teel to the beginning of a tangent curve to the right having a
radius of 30 c
-41 feet and a entrol angle of 90 degrees DO mnutes 00 s onds; thence easterly
antl southeasterly along the arc u
of said c degrees 51 47.77 feet; thence South 16 degr51 mlnutes 44
ands East 37.00 feet to the beginning of a tangent curve to the left having a radius of 42.17
feet and a can trill angle of 179 degrees 20 minutes 16 seconds; thence southeasterly, easterly,
and northerly along the a of sold c ve 131.99; thence North 73 degrees 09 minutes 15 seconds
East 20.00 feet; thence South 73 degrees 21 m(nutes 33 s onds East 281.48 feet; thence South
00 degrees 00 minute. 00 s ands East 184.19 feet to the south line of the grantor; thence
North 89 degrees59 mnu
Is ates 58 seconds West 257.80 feet along said south line; thence North 16
degrees 14 mnutes 24 nds West 195.20 feel to the beginning of o curve to the right having a
radius of U." feet .nd o .en Val angle of 88 degrees 56 minules 50 ae ands, the radlue point of
which bears North 15 degrees 48 minutes 33 s ands West; thence wee terly and northwesterly
along the . of said curve
96.51 feet; thence North 16 degrees 51 mnutes 44 s onds West
37.00 feet to the beginning of a tangent curve to the left having a radius of 10.41 feet and
c o
central angle of 90 degrees 00 minutes 00 seconds; thence northwesterly and westerly along the
a
of said curve 16.36 feet; thence South 73degrees 08 minutes 16 seconds West 320.55 feet
to the POINT OF BEGINNING. contaloln9 1.72 oc r.s, mare or less.
STORM WATER QUALITY EASEMENT No. 2
A Star, Water Quality Easement across port of the Northwest Quarter of Section 10. Township 17
North, Range 3 East of the Second Principal Meridian in the City of Carmel, Homillon County.
Indiana, and being a part of the grontor's land as described in Instrument Number 2018-011803 in
the Office of the Recorder of said county, described as follows:
Commencing at the southwest co reel along the of said Narlhwesl Quarter; thence North 00 degree. 16
minutes 26 seconds Easl 600.O1west IIne there.,
t. the westerly prolong. tion of
the north line of the grantor, thence South 89 degrees 57 mnutes 59 s onds East 402.19 feel
along sold westerly prolongation and said north line to the southwesterly limits of Flood Zone"AE"
as of April 25, 2022, and the POINT OF BEGINNING; lh en ce the following nine (9) course. along
saitl southwesterly Ilmlts: i) South 29 degrees 44 minutes 58 seconds East 62.71 feet; 2) South
29 degree. 41 minutes 30 .conds East 93.53 feet; 3) South 25 degrees 01 mnute 23 seconds
East 90.99 feet; 4) South 31 degrees 04 minutes 24 seconds East 52.26 feet; 5) South 53
degrees 37 - nu tes 18 s onds East 35.65 feet; 6) South 52 degrees 47 minutes 23 sec,ands East
15.34 feet; 7) Sault, 53 degrees 08 mnutes 10 s ands East 79.75 feet; 8) South 53 degrees 34
nut.. 35 s onds East 90.94 feel; 9) South 86 degrees 06 minutes 57 seconds East 43.78 fast
to the east line of the grantor; thoncs th. following throe (3) c s clang said east line: 1)
North 16 degrees 56 minute. 46 c
a antl. East 57.25 feet; 2) North 68 degrees 12 mnutes 41
onds Wcat 279.61 feet; 3) North03 degrees 00 minutes 46 s onds West 262AI feet to the
or th...I c of the grantor; thancc South 89 degrees 57 mnutes 59 s ends West 163.92
feel along the north line thereof to the POINT OF BEGINNING, canteining 0.g5 acres, more or less.
0�-12612022 No.
VS ENGINEERING, INC. ��'.2980000):er p_
BRIAN L. HAGGARD, P.S. STATE OF
PROFESSIONAL SURVEYOR NO. 29800005
STATE OF INDIANA 'ems
�'rSyONA� SJ.•
BHARAT & ANJU PATEL. H/W
Scale: N/A
10155 DITCH ROAD
CARMEL, IN 46032
- -
VS Prof. No. 18-3943
INST. No. 2018011803, DATED 03/21/2018
Drawn By. BM
PT. NW. 1/4, SEC. 10, T17N, R3E, CITY OF CARMEL,
Checked By. BLH
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA
TAX ", Pto. 29-13-10-000-001.203-018
------- ----------
Date; 04/25/2022
THIS EXHIBIT WAS PREPARED BY: _g VS ENGINEERING, INC__.
1 __.
TEL. 31 HIGH SCHOOL RD. INDIANAPOL16. IN317) 44737
TEL. (317) 293-3542 FAX: (317) 293-4]3]