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Home My WebLink AboutDocument 1 (7)2022026217 EASE $25.00 05/26/2022 11:18:29AM 8 PGS Jennifer Hayden Hamilton County Recorder IN LLP Recorded as Presented II II II II II I II I I II III I I II DocuSign Envelope €D: E5671049-8E1 B-493D-8964-FFA50FBBDABF Cross Reference to Deed: 2021049669 GRANT OF PERPF,TUAI, ST( RIM WATER QUALITY MANAGEMENT EASEMIENT This casement (the "Easement") is by and between the RE Wilson, LLC, (the "Grantor") 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 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 in the cross reference above (the "Real Estate"); WHEREAS, Grantor intends to construct a new building on the Real Estate and, in connection with the construction, development and operation of the building, the City has approved or will approve a Stone Water Management Permit (the "Permit"); and, WHEREAS, the City requires this Easement in order to verity and require compliance with the terns 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 teens and conditions that follow: Section 1. Easement At-ca. The portion of Real Estate on, tutder 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, mechanical units, 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 Lhc 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: E5671049-BE1B-493D-8964-FFA50FBBDABF 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, aver 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 contimtons and ongoing. Section fi. 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 tinder 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 Perinit 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: E5671049-8ElB-493D-8964-FFA50FBBDABF 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 delivety of this Easement have been undertaken. RE Wilson, LLC Robert E. Wilson Printed Name Date: //0I-Azl STATE OF INDiANA 1 )S S' COUNTY OF4+AMIHL—� ) Mail eve Before me, a Notary Public in and for said County and State, personally appeared 2o1�c�t zF. w: is.— _ , who acknowledged execution of the foregoing Easement for and on behalf of IZ E �.1'.tise. , j Le_c_- Witness my hand and Notarial Seal this My Commission Expires; evG•nbF�-_�'� 2ot� Residing in Ina.;,,., County Z A day of !*r ( , 20zr—. Notary Public - — SLaww�—s i'H . _lam-k�•Ka�sr'1. Printed Name V:r-P'4• SHAWN M. KARNEHM 'k":...... '; Notary Public. State of Indiana 'z 'n= �Af;'• Marion county 3 a -.S ?Commission Number NP0723461 My Commission Expires November 07, 2027 DocuSign Envelope ID: E5671049-SE1B-493D 8964-FFA50FBBDABF CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: Not Present Jarnes Brainard, Mayor Date: [DD,dcuslgnby: aVA& L_ a. eiBEA24EA... Mary Ann Burke, Member 5/18/2022 Date; LnD..Uftned byt Wow Lori Watson, Member 5/18/2022 Date: DocuVgned by: s,. " Sue Wolfgang, Clerk 5/18/2022 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 Cannel, Indiana Board of Public Works & Safety. NOT PRESENT Witness my hand and Notarial Seal this day of , 20 My Commission Expires: Residing in County Notary Public Printed Name DocuSign Envelope ID: E5671049-8E1 B-493D-8964-FFA50FBBDAB F "Y7-1-Decamber J, HARMEYER STATE O INQIANA } o?Y blic. State of lndian�SEmilton County }SS: = s • on Number NP0737982COUNTY OF HAMILTON } f4tiD±mmission Expires m+,++mber ib, 2029 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 leday f /(i( - , 20 M Commission Expires: = 1y2/15/2029 N (aPubli Residing in Hamilton County Holly J. Harmeyer Printed Name STATE OF INDIANA } SY+""'. HOLLY J. HARMEYER }SS: .ter "' ip `- Notary Public, State of Indiana COUNTY OF HAMILTON } z'SE Hamilton County a t Commission Number NP0737992 My Commission Expires Before me, a Notary Public in an Decembr5,2028, Wally appeared Lori Watson, a member of the City of Cannel, 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: 12/15/2029 Residing; in Hamilton County 1 U day o 20 Not Public Holly J. Harmeyer Printed Name DocuSign Envelope ID: E5671049-8E1B-493D-8964-FFA50FBBDABF HOLL=RE MEYER STATE OF INDIANA } ' v' Notary Pof IndianaC- Hnty)SS: * Comm6sNp0737982COUNTY OF HAMILTONmy cExpiresDe, 2029 Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Cannel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this __ _/e;/'1day P , 20 My Commission Expires: 4 "` I Nota Pubic Residing in County :�1 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: Jon Oberlander, Interim Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to; Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, 1N 46032 DocuSign Envelope ID: E5671049-8E1B-493D-8964-FFA50FBBDABF EXHIBIT °A" BMP & ACCESS EASEMENT PART OF LOT 8 IN PARK NORTHWESTERN SUBDIVISION AND A PART OF BLOCK 1 OF MAYFLOWER PARK, ALL BEING A PART OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 8 IN PARK NORTHWESTERN SUBDIVISION ALSO BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 00 DEGREES 18 MINUTES 03 SECONDS EAST A DISTANCE OF 531,86 FEET; THENCE CONTINUING SOUTH 00 DEGREES 18 MINUTES 03 SECONDS EAST A DISTANCE OF 427.76 FEET; THENCE SOUTH 47 DEGREES 41 MINUTES 29 SECONDS EAST A DISTANCE OF 29.95 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 13 DEGREES 30 MINUTES 55 SECONDS EAST A DISTANCE OF 220,21 FEET; THENCE NORTH 32 DEGREES 11 MINUTES 27 SECONDS EAST A DISTANCE OF 66.94 FEET; THENCE NORTH 57 DEGREES 48 MINUTES 33 SECONDS WEST A DISTANCE OF 53.59 FEET; THENCE NORTH 32 DEGREES 11 MINUTES 27 SECONDS EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 57 DEGREES 48 MINUTES 33 SECONDS EAST A DISTANCE OF 73.59 FEET; THENCE SOUTH 32 DEGREES 11 MINUTES 27 SECONDS WEST A DISTANCE OF 83,65 FEET; THENCE SOUTH 13 DEGREES 30 MINUTES 55 SECONDS WEST A DISTANCE OF 227.92 FEET; THENCE NORTH 47 DEGREES 41 MINUTES 29 SECONDS WEST A DISTANCE OF 22.82 FEET RETURNING TO THE PLACE OF BEGINNING, CONTAINING 0.167 ACRES, MORE OR LESS, 1, GEORGE W. CHARLES, II, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY THAT THIS DESCRIPTION AND BASIS OF BEARING ARE BASED ON A PLAT RECORDED AS INSTRUMENT NUMBER 13619 IN PLAT BOOK 8 PAGES 128-132 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL. PREPARED BY: W C Hq G 1 S 7ERFD <<t+ S No. LS 20800117 r STATE OF SURD i GEORGE W. CHARLES, 11 INDIANA LAND SURVEYOR NO. LS 20800117 D—Sign Fnvelope ID: F5671049-8E1B-493D-8964-FFA50FBBDARF COUNTY: ,7AMILTON EXHIBIT " B"' CHECKED BY :DIEPGil Ol/04/'L2 SECTION! 7 TOWNSHIP: 17 NORTH RANGE: 3 EAST BMP & ACCESS EASEMENT M u 1e sm HATCHED AREA IS THE APPROXIMATE BMP & ACCESS EASEMENT Line Tuble T\—NW COR. LOT 8 IN PARK NORTHWESTFRN NW Y. SEC. 7-T17N-R3E Line # Direction Length L1 NI3'30'55'E 220.21' L2 N32'11'27'E 66.94' L3 N57'48'33'W 53.59' L4 N32'11'27'E 20.00' L5 557'48 33'E 73.59' 0 L6 532'11'27"W 83.65' txj m b L7 S13'30'55"W 227.92' L8 N47'41'29"W 22,52' tFT 1 ` \ NORTH o J / A 1-01 U' / PARK NORTHWESTERN P.R_ 8, PG. 128 INSTR. #13619 / n F BLOCK 1 S47'41'29"E MAYFLOWER PARK PLACE OF !8 P.B. 8, PG. 128 BEGINNING \, INSTR. F'13619 NO FIELDWORK WAS PFRFORMFO AND THERFFORF, THIS DESCRIPTION IS 'AIR-ECT C N 4 TO ANY OVERLAPS. GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT PREPARED BY: �EC,1STr 4, iP REVEAL. THIS PLOT AND BASIS OF BEARING 15 BASED ON A PLAT RECORDED A5 INSTRUMENT NUMBER IN PLAT BOOK 8 PAGES 128-132 IN THE OFFICE NO. LS � OF THE RECORDER OF HAMIL MILTO iON COUNTY, INDIANA. 20800117 STATE OF l� l Ol 04 22 Is .L 7NO3ANP '�. ..._._. _. .. _. GCORGF W. CH ARI F. S, II1 DATEMO.. S II RV INDIANA LAND SURVEYOR