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HomeMy WebLinkAboutDrainage Easement; 331 1st Ave NE; NE & NW Quad Alley Drainage Improvements; Sophia_CromwellDocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 ®w0 I* I 01010 BOB oil 0 ram► �T JAIME,, BIWNARD, 1NLATOR November 30, 2022 Board of Public Works One Civic Square Carmel, Indiana 46032 RE: Drainage Easement — 331 V Ave NE Dear Board Members: Attached is a Drainage Easement document for Sophia Cromwell. The Grantor, Sophia Cromwell has requested the city to accept this Drainage Easement. The Department of Engineering has reviewed the attached document and found them sufficient for Board signatures. Sincerely, :7-1 Jeremy Kashman, PE City Engineer I)FhAMI?1FN1' OF E.r+GMTRM, ow Cm(. S(,)I um. Cww�.i. IN A6032 (Ancr 317.?%1._-441 F \ 31 .i�1.2_t. E�HII cnuiixrrvngdc•:una•Lin.Rua' DocuSign Envelope ID: OAC25582-7469415D-B3EF-F4934DCD53F8 Prior Deed of Record: Inst, No. 980984418E in the Hamilton County, Indiana Recorder's Office DRAINAGE EASEMENT 4, KU This Drainage Easement (hereafter the "Easement") is entered into by and between �qG Sophia G. Cromwell, an adult individual ("Grantor"), and the City of Carmel, Indiana, a municipal corporation, by and through its board of Public Works and Safety, ("Grantee"); WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain real estate located in Carmel, Hamilton County, Indiana, and legally described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Easement Property"); and WHEREAS, Grantor is desirous of granting and Grantee is desirous of acquiring this Easement, over the Easement Property, for purposes of installing certain drainage facilities, (described below) all subject to the terms and conditions set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the Grantee agree as follows: Section 1. Preambles, Recitations and Definitions. The foregoing preambles, recitations, and definitions are made a part of this Easement as though hilly set forth in this Easement and, further, the following words and terns, as used throughout this Easement, shall have the following definitions: A. Applicable Laws. The term "Applicable Laws", as used throughout this Easement, shall mean the ordinances and regulations of the City of Carmel, Indiana, as amended from time to time. B. Drainage Facilities. The term "Drainage Facilities" shall mean underground pipes and drainage infrastructure including but not limited to inflow and outflow pipes, control structures, conduit, rip -rap and related equipment. Section 2. Grant of Easement. Grantor hereby grants and conveys to Grantee a non- exclusive, perpetual easement which is appurtenant to and shall run with the Easement Property in, on, over, under, across, upon and through the Easement Property for purposes of (i) providing drainage over, under, across, upon and through the Easement Property and (ii) the installation, repair, maintenance, replacement and operation of the Drainage Facilities. Grantee shall have the right of ingress and egress over, tinder, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantor, adjacent to the Easement Property, for purposes of access to the Easement Property. The Easement also includes the rights and privileges to temporarily use, from time to time, additional space, where available and necessary, that is adjacent to the Easement Property for the temporary storage of equipment and materials necessary for the installation, repair, maintenance, replacement and operation of the Drainage Facilities located in, under, upon, over, and/or across the Easement DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 Property, to do all acts and things requisite and necessary for the full enjoyment of the Easement hereby granted, including removing undergrowth and/or other obstructions above, within, under, or immediately surrounding the Easement Property which may injure, endanger or interfere with Grantee's use and enjoyment of this Easement. With the prior consent of Grantor, which consent shall not be unreasonably withheld, Grantee may remove trees, structures, and obstructions of a significant size. Section 3. Construction. Maintenance and Repair. Grantee shall be responsible at Grantee's cost and expense, for constructing and operating the Drainage Facilities. The Drainage Facilities shall be the property of Grantee and Grantor shall have no interest in or rights to the Drainage Facilities. Grantee, at its expense, shall maintain the Drainage Facilities to long as such Drainage Facilities are located within the Easement Property. Grantee may maintain, repair and/or remove the Drainage Facilities. If Grantee removes the Drainage Facilities, Grantee shall not have any obligation to replace the Drainage Facilities. Grantor shall maintain the Easement Property including keeping the Easement Property free from debris, silt and refuse. Notwithstanding the foregoing, the cost of repairing any damage to the Drainage Facilities caused by Grantor, its employees, agents, contractors, licensees, invitees or tenants shall be at Grantor's sole.cost and expense. Grantee shall have the right to cut down, clear, trim, remove, and otherwise control any trees, shrubs, overhanging branches, roots, and/or other vegetation upon, under or over the Easement Property. Grantee shall have the right to pile dirt and other material and to operate equipment upon the surface of the Easement Property and, where available and necessary, so much of the adjoining land of Grantor during those times when Grantee is constructing, installing, maintaining, repairing, replacing, relocating, adding to, modifying, or removing the Drainage Facilities. Section 4. Grantor's Use of the Easement Property. Grantor shall not place, or permit the placement of, any obstructions including, but not limited to, any fence, structure, asphalt, gravel, trees, concrete or other improvements (other than those installed by Grantee) which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such obstruction. Grantor shall not, without the prior written consent of Grantee, (a) construct or install, or permit the construction or installation of any utility lines or equipment or any building, house, other above -ground structure, or improvements, upon the Easement Property; or (b) excavate or place, or permit the excavation or placement of, any dirt or other material upon or below the Easement Property. Section 5. Easement Appurtenant. This Easement and the terms and conditions stated herein shall be appurtenant to, imposed upon, applied to, and run with the Easement Property and shall be binding upon and inure to the benefit of Grantor, Grantee and their respective successors and assigns in accordance with the provisions hereof. Section 6. Miscellaneous Provisions. The following other provisions shall apply to this Easement: A. Restoration. Following the constriction of the Drainage Facilities and any maintenance, repair or replacement thereof by Grantee, and subject to Grantee's rights to remove certain items as set forth in Section 3, Grantee shall restore the Easement Property, and so DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 much of the adjoining land of Grantor as is used by Grantee per the terms of Section 2 and Section 3 above, to the extent practicable, to substantially the same condition in which it existed immediately prior to such construction, maintenance, repair and replacement and to the reasonable satisfaction of Grantor. B. No Barriers. No person shall install, construct, erect, maintain or place (i) any improvement, fence, landscaping, lights or other feature on, in or under the Easement Property or (ii) any barriers or other obstructions restricting, limiting, interfering or blocking the Drainage Facilities. C. Amendment and Termination. This Easement may be amended or released only by a written instrument signed and recorded (i) by the then owner of the Easement Property and Grantee, by and through the Board of Public Works & Safety of Cannel, Indiana or its successor, which acting as aforesaid in conjunction with the then owner of the Easement Property; (ii) by an order of a court of competent jurisdiction; or (iii) otherwise in accordance with or as may be required by Applicable Laws. D. Remedies. In the event of a breach or threatened breach of this Easement, each party shall be entitled to all legal and equitable rights and remedies available at law or in equity, including, but not limited to, specific performance and injunctive relief. E. Intentionally deleted. F. Severability. If any provision of this Easement is held to be illegal, invalid or unenforceable under any present or future statute or judicial decision, the legality, validity and enforceability of the remaining provisions of this Easement shall not be affected thereby. G. Authority and Representations. The person executing this Easement on behalf of Grantor hereby represents and warrants that he has the authority to bind Grantor to the terns and conditions set forth herein, that all necessary action therefore has been taken and that Grantor has obtained all necessary consents and approvals of any mortgagee or other third party required for the granting of the Easement over the Easement Property. Grantor will indemnify Grantee against any loss, damage or cause of action from a failure under this Section 6(G). Grantor represents and certifies that it is the fee simple owner of the Easement Property; that Grantor guarantees the quiet possession of the Easement Property to Grantee for the exercise by Grantee of its rights under this Easement; and that the Easement Property is free of any mortgages or monetary liens except the lien of current taxes. Grantor will warrant and defend Grantee's rights and/or title to the Easement Property granted hereby against all claims thereon. Grantor represents and warrants that Grantor has obtained all necessary consents and approvals of any mortgagee or other third party required for the granting of this Easement. Grantor will indemnify Grantee against any loss, damage or cause of action resulting from Grantor's failure to obtain any such consent and approval. DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 H. Entire Agreement. It is understood that all the provisions of this Easement are stated herein and no verbal agreements or promises will be binding on the parties hereto or their successors in interest. I. Governing Law. This Easement shall be governed by and construed and enforced in accordance with the laws of the State of Indiana. Environmental Matters. Grantor covenants and represents that to its actual knowledge, the Easement Property is not presently the subject of, nor is there the threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or action. Grantor agrees that between Grantor and Grantee, the acceptance of this Easement by Grantee shall not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Easement Property prior to the acceptance of this Easement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Easement Property not created by Grantee. Grantor shall cooperate with Grantee in complying with any and all applicable federal, state or local requirements for drainage and/or storm water. K. Notice. All notices given under this Easement to the respective parties shall be made in writing and shall be (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier; or (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days after deposit in such mails. All notices shall be addressed to the respective parties as follows: If to Grantor: Sophia G. Cromwell 331 1' Avenue NE Cannel, IN 46032 If to Grantee: City of Carmel One Civic Square Cannel, IN 46032 Attn: Carmel Corporation Counsel With a Copy to: City of Carmel One Civic Square Carmel, IN 46032 Atha: City Engineer L. Default. In the event there is an alleged violation of the terms and conditions set forth in this document, the non -violating party shall notify the violating party of the alleged violation in writing via certified mail, return receipt requested. The violating party shall have thirty (30) days from the date of receipt of such written notice to cure or remedy the alleged violation, except in the event of an emergency for which no notice or cure period shall be required. 4 DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 GRANTOR Sophia . Cromwell STATE OF INDIANA SS: COUNTY OF f PII' ) Before me, a Notary Public in and for said State and County, personally appeared Sophia G. Cromwell, the Grantor in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be her voluntary act and deed and whom, being duly sworn, stated that any representations contained therein are true. Witness my hand and notarial seal this IC day of 11mua1' , 2017. sCi�� *my Notary Public Seal NtPblic State of Indiana Lance A StahleyMa►ionCounty Commission Expires Dec. 14, 201 _ Printed Name My Commission Expires: My County of Residence: (additional signature and notary pages follow) DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 GRANTEE City of Carmel, Indiana By and through its Board of Public Works and Safety Docu3igned b : F,M I/J` James Brainard, Presiding Officer 12/8/2022 Datc: DocuBigned by: QKA& t, M AFA iQ0*V, -ember 12/8/2022 Date: Docu3igned by: vi (�a#saw L r %%A%14,NtRnber 12/8/2022 Date: ATTEST: FD' ouBigned by: � wxn Bi�490M65... 5va WOLF44►d Clerk- 12/8/2022 Date: 2 DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 HOLLY J. HARMEYER ?PY Pie`% Notary Public, State of Indiana ) 2;SEAL STATE OF INDIANA Hamilton County .. • +;Commission Number NP0737982 .SS: /! tOIPNF\ My Commission Expires COUNTY OF HAMILTON ) December 15, 2029 Before me, a Notary Public in and for said County and State, personally appeared Mayor James Brainard, Mary Ann Burke, Lori Watson, by me known to be the Members of the City of Carmel Board of Public Works and Safety, and 5J8 kt L,P6A ,. /, Clerk . of the City of Carmel, who acknowledged the execution of the foregoing Easement on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this A d December2p 22 Notary PLOC Ignature Commission Expires: County of Residence: 12/15/2029 Hamilton Holly 7 Harmeyer Notary Public - Printed This instrument was prepared by Tammy K. Haney, Keller Macaluso LLC, 760 3' Avenue SW, Suite 210, Cannel, IN 46032. Pursuant to Ind. Code 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. Tammy K. Haney 7 DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 COUNTY: HAMILTON SECTION: 30 TOWNSHIP: 18 NORTH RANGE: 4 EAST ®HATCHED AREA IS THE APPROXIMATE EASEMENT EXHIBIT 'A" STORM SEWER EASEMENT OWNER: SOPHIA G. CROMWELL STORM SEWER EASEMENT DESCRIPTION: DRAWN BY: CJL 4-3-17 REVISED: CJL 8-18-17 CHECKED BY : TEN w 0 w w SCAL 1- - a SEVEN FEET BY PARALLEL LINES OFF OF THE NORTH SIDE OF THE FOLLOWING DESCRIBED REAL ESTATE: LOT 82-83 IN C.W. WIEDLER'S SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN DEED RECORD 113, PAGE 36-37. IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY. 145' i� INST. #9809844186 LOT 83 14V LOT 82 m D.R. 113 PGS: 36-37 145' NORTH I, TRENT E. NEWPORT, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY THAT THIS PLOT WAS PREPARED FROM G%STE fOA0 INFORMATION OBTAINED FROM INSTRUMENT NUMBER 9809844186, AS PREPARED BY: RECORDED IN THE HAMILTON COUNTY RECORDER'S OFFICE. NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT TO ANY No. 29600021 OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL. STATE OF `4N INO I AN �y�� —_ REV: 8-18-17 4-3-17 �I 0 S U R4 TRENT E. NEWPORT DATE REG, LAND SURVEYOR NO. 29600021 Transportation & STATE OF INDIANA Development Consultants NU 9FAM 01 ®I ML M my 014 wm DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 14 1 i I f IN CONSTRUC THON DETAILS LINE C -,A; DRAIN`.- DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 MATCHLINE STA. 47+50. SEE SHEET 406 MA T C H L I N C S 7 A. 5 0 - 0-0 - SEE Tf SHEET 410 .Ij I n m, x. 04 ........ CONSTRUCTION DETAILS LINE C OLD TOWN ALLEY DRbJNAGE WIPROVEMENT =PfROJECI