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Home My WebLink AboutThe Signature - Recorded2021076239 EASE $25.00 10/20/2021 02:54:44PM 6 PGS Jennifer Hayden Hamilton County Recorder IN LLP Recorded as Presented I IIIII I I IIII I I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII DoeuSyn Envek,M 10: 621DC10B 8803<2A0-BE36-A8287MM91A j§Alc, _. Crux Reference to DecA: 2t068192 asvaovEo„ GRANT Oh' PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT this electoral (the "Easement") is by and between The Signature at Carmel, LLC (the "Grantor") and the City of Carmel, Indiana (the "City"), by and through its fund of Public Works k Safely (the "Grantee'") and shall have as its efRdive date the later of the dale on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSl:'I'H THAT: WHEREAS. Grantor is 111e owner of the real estate conveyed by the deed identified in the cross reference above (the "Real Estate'); WHEREAS, Grantor intends to develop *the Signature on the Real Estate and, in connection with the construction, development and operation of.The. Signature, the City has approved or will approve a Storm Water Management Permit (the "Permit'); and, WHEREAS, the City requires this Eastmain fit 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 casement un the terms and conditions that follow: Section I. Easement Are . 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 pans (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 stonn water quality infrastructure, which may include, without limitation, pervious pavement, uaanhulcs, infiltration basins, pipes, and structural and uou-struclurul best management practices (collectively the "Stour Water Quality System") to be constructed, installed and maintained by Grantor, at Grantor's expense, in accordance with the Permit and the Ordinances. Section 1. 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 (li) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and,itepair. h 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 to: 521DG10B-8B03-42A0-BE36-A82B7063A91A diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Pennit 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 perforn, 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 pennitted 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 situ 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 lD: 521OC10B-8B0342A0-BE36-A8287D63A91A 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. By:_� Printed Name Date: rI -1 • Z.UZ I STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) `I Before me, a Notary Public in and for said County and State, personally appeared �l-� t✓ R.6(7 Ifi 1 F , who acknowledged execution of the foregoing Easement for and onbehalfof A'f (-1W'r7 EL Witness my hand and Notarial Seal this day of = P �� ' , 2021 MCommission Expires: l i . 5 . 1.n2S' No aryis Residing in 1i /4'till 1, frYl County Cl/ 'lI `SVLE M Cfey- ox-) Printed Name UDcusiOn GnvabOe In: CITY OF CA RMEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayor Date: ____________ 1�it�,�Qk1+. VureL A�ar,�A14Pi 15iSi�c, Mcmha Date:10/6/2021 DoeuaiDnwW �ayi Nofsma. o11"911 FP/de,'i6lember Dale: 10/6/2021 Dale: 10/6/2021 SPATF:OF INDIANA j )SS: Notary Public Stale of Indiana -Commission # NP0723135 COUNTY OF IIAMILTON ) Lori Watson Mary An r kBefore me, a Notary Public in and for said County and State, personally appeared Jann:s-------- ------ Mnar e a member of [he 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 My Commission Expires: ___10/22/2027__ _. Residing in Hani l ton_ aunty 6 day at,_ October ,2021 .ennifer Stites_. Printed Name DocuSign Envelope ID: 521DC10B-8B03-42AD-BE36-A82B7D63A91A MI iteste of tndranantyECommisNP0723135My Comms SO/22/7027 STATE OP INDIANA ) )SS: Notary Public State of Indiana - Commission # NP0723135 COIJNTY 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 this6day ofOctober 2021 ouonu by: My Commission Expires: ";Aw� 10/22/2027 �b ' ufflic Residing in Hamilton County Jennifer Stites 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 — Jon Oberlander, Esq. Prepared by: ,Ion Oberlander, Interim Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.F.., City Engineer, One Civic Square, Cannel, IN 46032 DOcuSign Envelope lD: 521DC10S-BB0342AO-BE38.A82B7D63A91A SOUTH LINE, NW 114 SEC 25-T15N-R3E N89. 03' 12"E 429.16' — — SW ;OR. NW 1/4 SEC 25-T18N-R3E RnnP PecPne'uT PART OF THE SIGNATURE AT CARMEL LLC INSTRUMENT NO. 2021068192 N90' 00' 00"W 117.85' m n SEW 03'12"W NOD* 03' 04"W 'EASEMENT 0.29 ACA POINT OF BEGINNING A PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE THEREOF NORTH 89 DEGREES 03 MINUTES 12 SECONDS EAST (BASIS OF BEARINGS) 429.16 FEET; THENCE NORTH 00 DEGREES 03 MINUTESO4 SECONDS WEST 45.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 03 MINUTES 12 SECONDS WEST 13.97 FEET; TI IENCE NORTH 00 DEGREES 05 MINUTES 57 SECONDS EAST 73.34 FEET; THENCE NORTH 90 DEGREES OO MINUTES 00 SECONDS WEST PREPARED BY: 117.85 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 89.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 131.55 FEET; THENCE SOUTH 00 DEGREES 03 will MUTES SECONDS EAST 162.11 FEET TO THE POINT OF BEGINNING, CONTAINING 0.29 ACRES MORE OR LE0SS. PREPARED FOR: Kimsey*Horn 2021 KIMLEY-HORN AND ASSOCIATES. INC. 250 EAST BOTH STREET. SUITE SEC, INDIANAPOLIS, IN 48240 PHONE: 317-218--9560 WWW.KIMLEY—HORN.COM KUMdGuflals ' �d in EXHIBIT A PO BOX 70' ZIONSVILLE. IN 46077 (317)654-8829 THIS DRAWING IS NOT INTENDED TB 210195 ek kEVkkSLNIkD AS A RETRACEMENT OR MIGINAL ROIINDARY SURVEY, A DRAWN BY: ROUTE SURVEY, OR A SURVEYOR BK LOCATION REPORT. DATE: 9/27/2021