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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; 10404 Ditch Road; MooreheadDocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 I'i"Y ' OF CARMEL I \col-'; I3x alp altn. 1\ i,a� �r November 29, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. 10404 DITCH ROAD — GRANT Of PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: The property owner at 10404 Ditch Road has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction of a residence. Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents. The Department of Engineering has reviewed the attached forms and found them sufficient for Board signatures. Sincerely, ;W 2' � Jeremy Kashman, P.E. City Engineer t)vi cnx CW%111-I\ 4N!U t 11-4;-1?111 Fx\ 31'i"1-2j41) t.titex ovtin"rings..um'I nt1p:+ DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 Cross Reference to Deed: 2021-41414 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between Julie C. Moorehead, Trustee of the Julie C. Moorehead Revocable Trust Agreement dated October 26, 2020 and Scott A. Moorehead, Trustee of the Scott A. Moorehead Revocable Trust Agreement dated October 26, 2020, (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; 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 wet pond on the Real Estate and, in connection with the construction, development and operation of the private stormwater system, the City has approved or will approve a Storm Water Management Permit (the "Permit"); and, WHEREAS, 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 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. 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 al I times to enter upon the Easement Area for purposesof (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. lit)Ia181630 2-doex DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 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 diminished from the capabilities set forth in the Permit and (ii) the Storm 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 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 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. This Easement maybe 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 ownerof 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. KD 14191630 2 docx DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 �. turn 10. Authority. I'!r; Undersigned person executing Iles I a,entenl Fir and on behalf of r<ti-0�?, represents and «arrant,, that he or shc: has been duly authorized by grantor to execute i�! .::liver this Fasemeni, ar,d that all actions. totes, approvalo an(Por restrictions necessary to rllo�m1 execution and deliv-.r,of this Easement have been undertaken. ,1� . `I -/ Julie 11001-i le.id, 1 rUstee of the Julit C. )vl,iorchead KeNMable I rust Agreement dated October 26. 2020 Date: /l - -4/eau- Vi L 01 INDIANA ) )SS: t'N'P. t)F IIAMILTM I ( � f ne tne, a Notary Puhlic in and for said C: ounty� and State, per:,onall-, appeared Julie C. )reheat. l-rustee, who acknowledged execution ol'the foregoing Easement for and on behalf I Allic t .:,,Ioorehead Revocable Crust Agreement dated October 26, 2020. 1k itness ray hand and Notarial Seal this � 2 day of 11lOV�fn kK , 2022. Gig C 4.:inrnission Nuniber/l.xpires: --- �_- 30 C� -- �vot� ry Pui-�lic :";icli„ i,t k dry l 4Jlil7ty Q�yRY P& Jessica HePeman Notary P 1blic, Slate of Indiana a SEALH-ndricks County �) ` ` Commi—ion Number NP07;6+2d .11 My Ccmrn!ssior7s k Nvi��N Jsnuasy 2. .�1� �y, � .�04 n [Tinted dame DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 Scott A. Moorehead. i rustee ofth Scott , Moorehead Re,ucable T-Ytist Agreement dated Octoher 2t), 21(01 Oate: //- a of - �2 -a- (Di I ADIANA sI N � c rl: fIANIIL rube me.. a Ttiotar% t'tibli< in and for said Ci)Ullt)dfld Stau;. ptersonallN appeared Scott M oort ht.,ad. Trustee, wii- acknowic dged �tiecutioT, Of the lurel:oing Easement for and on h half'of .Scott A. Moorehead Re�i3cable Trust Agreement dated Octobcr 6. 2020. i� itness my hand and Notarial Seal this Jat• of /VOV1107ber . ?022 ltl} Commission Number/Expires: i- a -0.. It.,-idink in j AOtIrI CkS t oullt} ar o Jessica FiBf€eman 3FJ4L�f o enNOUwY �GksyCointy Tana sr commission Number mvn&= x Mij ( r• rS5lCe, iXViieS i 4- _ CN - N t, T'ublitJesom Printed Name —� DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSign t J f,'Mayor 12/8/2022 Date: DocuSigned by: QW,A, t& Nkffr5AWffJ1ffiW&4.Member Date: 12/8/2022 Docu3igned by: yi (Wsbw L WatwwaWcimber 12/8/2022 Date: ATTEST: DocuSigned by: 5.4 SLh-Ve84ttaJf@4Aq-erk Date: 12/8/2022 KD 1 4181630 2 docx 77, HOLLY J. f' DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 ?; ••.•e,,, Notary Public, oa SCAL:"- Hamiltof ..?Commission Nwr 7982 .""'�IANP�� My Commis:x.:.:res .nlp0`` Decemb. "029 HOLLY J. HARMEYEi STATE OF INDIANA ) , o P. `e; Notary Public, State of Indiane Hamilton County )SS: _ . • - * Commission Number NP07379Q' COUNTY OF HAMILTON My Commission Expires; n lWO December 15, 2029 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 ofthe foregoing Easement for and on behalf of Cityof Carmel, Indiana Board of Public Works &Safety. 4 L, � ` December 22 Witness my hand and Notarial Seal this _____G%�Z@ay of _, 20_. My Commission Number/Expires: 12/1 Notary Publ' Residing in Hamilton County Holly J Harmeyer Printed Name ,o�P�"rP�'•,,, HOLLYJ. HARMEYER Notary Public, State of Indiana STATE OF INDIANA )==;sEAW'= Hamilton County . •, * Commission Number NP0737982 )SS: 'o,, No; AN?�,.� My Commiaoion Expires COUNTY OF HAMILTO�I ) mnn0�\ December 15, 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 My Commission Number Expires: 12/15/2029 Residing in KD 14181630 2.docx Hamilton County Notary of December , 20 22 lic Holly J. Harmeyer Printed Name DocuSign Envelope ID: OAC25582-7469415D-B3EF-F4934DCD53F8 HOLLY J. HARMEYER o?PY• P�e�% Notary Public, State of Indiana =Z;SEAL;"= Hamilton County STATE OF INDIANA } ? * . . E Commission Number NP0737982 }SS: %i,�ANp�My Commission Expires 'o,��r COUNTY OF HAMILTON } December 15, 2029 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 ackno wledged execution of the foregoing Easement for and on behalf of City of Cannel Board of Public Works & Safety. Witness m hand and Notarial Seal this �da of December , 20 22 Y �.._ Y — My Commission Number/Expires: 12/1572029 tary Public Residing in Hamilton County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Holly J. Harmeyer Printed Name Ada;% HOLLY J.N l teary Public, staRMEnd India ' -:SEAL:"= Hamilton County �+ •• r� Commission Number NP0737982 °9NonP1NP �� MD cember i15, 2029 Expireson Before 1ne, 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, ndiana. Witness my hand and Notarial Seal this , day of December 12022 My Commission Number/Expires: 'z 12/1512029 ota Residing in Hamilton County Ono I IWAMA iy J. Harm er Printed Name Pursuant to IC 36-2-1 1-15(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, Corporation Counsel, One Civic Square, Cannel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 KD 14181630 2.dmx DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 Exhibit A The Easement Area EXHi IT "A' ti la - i .. •'f• fit � - L+s•:,-'� - `A�fc s 5'34-•Ei 'f" � i PART OF THE e40RTHEAOT OUARTER OF SECTION 9- TOWKAP I7 NORTH. RANGE 3 EAST- MORE PART0,ULA.9.-,Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER Of NORTHEAST OUARTER; THENCE SOUTH 00 DEGREES f 7 MINUTE'S 0D SECONDS WEST ALONG THE EAST LINE Of SAW NORTHEAST QUARTER. 1066 E4 FEET: THENCE NORTH 49 DEGREES 43 MINUTEO00 SECONDS WEST, 40.00 FEET TO THE POINT Of BEGINNING: THENCE SOUTH 00 DEGREES 17 MINUTES 00 SECOND: WEOT. 14118 FEET: THENCE NORTH III DEGREES 43 MINUTES OD SECOND* VMST, WAI FEET; THENCE 30. 11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 49.0D FEET AND CHORD BEARING NORTH 30 DEGREES 26 MINUTED 00 SECOND$ WE57.29.64 FEET: THENCE 39.66 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS Of 39447 FEET AND CHORD E ING NORTH 60 DEGREES 46 MINUTE.' 16 SECONDS WEST. 69.0 FEET: THENCE 9.54 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 66.00 FEET AND CHORD BEARING NORTH 62 DEGREES 14 MINUTES 20 CECONOS WEST. 9.53 FEET: THENCE 24.73 FEET ALONG A CURVE TO THE LEft OAKS CURVE HAVING A RADIUS Of 183.66 FEET AND CHORD BEARING NORTH 61 DEGREE063 MINUTES I I SECOND* WEST. 24.71 FEET; THENCE WAS FEET ALONG A CURVE TO THE RIGHT. GAIO CURVE HAVING A RADIUS OF 40.00 FEET. AND CHORD BEARING NORTH 01 DEGREES E6 MINUTES 69 GECOND* EAST. 67.61 FEET; THENCE NORTH 69 DEGREES 36 MINUTES 20 OECONDO EAST, 66.27 FEET: THENCE M07 FEET ALONG A CURVE TO THE RIGHT. SAID CURVE HAVING A RADIUS OF 43.00 FEET, AND CHORD BEARING SOUTH 60 DEGREES 26 MINUTES 66 SECONDS EAST. 47.63 FEET: THENCE SOUTH 66 DEGREES 36 MINUTES %SECONDS EAST, 61.21 FEET TO THE POINT OF BEGINNING, CONI'AININO 0.33 ACRES MORE OR LESS. PREPARED BY: N' f w r 7r 40,44AsssN "�� ` •�Ba n. h t� ��.... JC3EPH TRTAN3a T-1E F i W"'! JY4' E PROFESSIONAL SURVEYOR ti0 1.02 t60p)03 HN'*vrn,�.�r•.f�nao°� OCTOSER OJ, 2022 17241 FOUNDATION PARK4AY +' act WESTFIELD, IN 46074 lu 317-784.0860 1 6(LLNt40 .•4nnw KD 14181630 2.doex