Loading...
HomeMy WebLinkAboutGrant of Perpetual Storm Water Quality Management Easement; 4620 E 96th Street; Tom Wood JaguarDocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 i CITY -(')F CARMEL November 29, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. 4620 E 96th — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- TOM WOOD JAGUAR Dear Board Members: The property owner at 4620 E 96TH Street has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction at Tom Wood Jaguar. 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, Jeremy Kashman, P.E. City Engineer I)fru+r%ua ry FA, .I\iumv. O`:I. ('nl, Sot %HI. C.%R%liI. I Y032 Oin, i 3._'I II 1: 1.31?r') DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 Cross Reference to Deed: 2005-8076 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between Wood Auto Park LLC, (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 building; addition and provide a stormwater quality unit on the Real Estate and, in connection with the construction, development and operation of the private storm sewer 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 Exhibits "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, 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 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, DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 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 Oualit} 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 b�_ 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 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: OAC25582-7469-415D-B3EF-F4934DCD53F8 Section _ 10. Authority. The undersignr(l person executing this Easement for and on behalf of Grantor represents and warrants that hr or shC 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 ol'this Easement have been undertaken. Wood Auto Park LLC Printed Name F Date: Y SETH THOMAS NYCUM Notary P.1w, 8trft of kdwm STATE OF 1NDIANA ) = sEAL cawNwtw6mle )SS: �,h ' MyCcrtmiaeia+Expires COUNTY OP I fAMIL l'ON ) J-dy24, 2024 Before me, a Notary Public in and I'or said County and State, personally appeared j off N ".��,Qfl_ _ , who acknow1cdgcd execution of the foregoing Easement for and on behalf oft�-_A,�-rc, pAit,y� LLC... -- Witness my hand and Notarial Seal this 141,, day of IJ�`Ia=MtztT}Z _ 20Z2. My Commission Expires: Residing in',p ,)Sort _ County N a Pu Printed Name DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSigned b 1 as83aia>Iw4-Mayor Date: 12/8/2022 DocuSigned by: hut t� �fr4qffl&; •Member 12/8/2022 Date: ;Du�r yaw L -i-Wrc�aemnber 12/8/2022 Date: ATTEST: DocuSigned by: s�. wolf Suek 12/8/2022 Date: HOLLY J. HARMEYER o?aY• ale` i Notary Public, State of Indiana STATE OF INDIANA _z: SEAL; Hamilton County : )SS: ' # •, : +` Commission Number NP0737982 COUNTY OF HAMILTON ANC ` My Commission Expires "n�iiii�a�`` 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 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 12%Wion 2029 Expires: Residing in Hamilton County da of December 20 22 Notary Publ Holly J Harmeyer Printed Name DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 HARMEYER HOLL \` uinrrgr� Public State of Indiana U Notary Hamilton County STATE OF INDIANA =Z =SEAL:. ` Commission Number Nxpires82 %+ •. _ My Commission Expires a.N°: December 15, 2029 )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. December Witness my hand and Notarial Seal this 6P1111-da of , 20 22 My Commi io E res: � �' g�c 4-� 12%15%2ff Notary Publi Residing in Hamilton County Holly J Harmeyer Printed Name HOLLY J. HARMEYER o1P�Y. Pie'; Notary Public, State of indiane STATE OF INDIANA ) EAL "� Hamilton County Commission Number NP0737982 )SS: '., NpiPNP�: My Commission Expires 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 acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. December 22 Witness my hand and Notarial Seal this da of , 20_. My Commission Expires: 12/15/2029 Notary Pub Residing in Hami 1 ton County Holly J Harmeye r Printed Name DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 HOLLY J. HARMEYER o?R •�e;'c Notary Public, State of Indiana -'•SEAL. - Hamilton County STATE OF INDIANA ) =. ►4z Commission Number NP0737982 )SS: NOIANP` My Commission Expires ��irllllu ` December 15, 2029 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 Carmel, ndiana. Witness my hand and Notarial Seal this day of December 20_22 My C1o�nlltJi�s�Qr Wires: 11�/11 LL_UULyy Notary Publ' Residing in Hamilton County Holly 3 Harmeye r 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, IN 46032 DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 EXHIBIT "A" LEGAL DESCRIPTIONS DMP Easement Part of Lot 3 in East 9Gth Street Auto Park, an addition in the City of Carmel, in Hamilton County, Indiana, as per plat thereof recorded as Instrument Number 200100000285 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner Lot 3, said point also being the northeast corner of Lot 2; thence North 89 degrees 58 minutes 44 seconds West (assumed bearing) 45.90 feet along the South line of said Lot 3; thence North 00 degrees 00 minutes 00 seconds East 14G.42 feet to the point of beginning of this description; thence North 90 degrees 00 minutes 00 seconds West 1 14.45 feet; thence North 00 degrees 00 minutes 00 seconds East 34.83 feet; thence North 90 degrees 00 minutes 00 seconds East 1 14.45 feet; thence South 00 degrees 00 minutes 00 seconds East 34,83 feet to the place of beginning, containing 0.09 acres, more or less. BMP Access Easement Part of Lot 3 in East 9Gth 5treet Auto Park, an addition in the City of Carmel, in Hamilton County, Indiana, as per plat thereof recorded as Instrument Number 200100000255 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner Lot 3, saki point also being the northeast corner of Lot 2; thence North 89 degrees 58 minutes 44 seconds West (assumed bearng) 125.58 feet along the South line of said Lot 3; thence North 00 degrees 00 minutes 00 seconds East 32.13 feet to the point of beginning of this description; thence North 90 degrees 00 minutes 00 seconds West 17 I .2G feet; thence South 43 degrees 56 minutes 40 seconds West 30.77 feet to a point on a curve concave to the southwest having a radius of 73.31 feet; thence northwesterly along said curve a distance of 20.1 1 feet, the chord of which bears North 49 degrees 58 minutes 52 seconds West a chord distance of 20.05 feet; thence North 43 degrees 5G minutes 40 seconds East 40.G5 feet; thence North 90 degrees 00 minutes 00 seconds East 159.7G feet; thence North 00 degrees 00 minutes 00 seconds East 79.2G feet; thence North 90 degrees 00 minutes 00 seconds West 29.77 feet; thence North 00 degrees 00 minutes 00 seconds East G4.83 feet; thence North 90 degrees 00 minutes 00 seconds East 144.45 feet; thence South 00 degrees 00 minutes 00 seconds East 64.83 feet; thence North 90 degrees 00 minutes 00 seconds West 94.G8 feet; thence South 00 degrees 00 minutes 00 seconds East 99.2G feet to the place of beginning. Except Part of Lot 3 in East 9Gth 5treet Auto Park, an addition in the City of Carmel, in Hamilton County, Indiana, as per plat thereof recorded as Instrument Number 200100000285 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner Lot 3, said point also being the northeast corner of Lot 2; thence North 89 degrees 58 minutes 44 seconds West (assumed bearing) 45.90 feet along the South line of said Lot 3; thence North 00 degrees 00 minutes 00 seconds East 14G.42 feet to the point of beginning of this description; thence North 90 degrees 00 minutes 00 seconds West 1 14.45 feet; thence North 00 degrees 00 minutes 00 seconds East 34.83 feet; thence North 90 degrees 00 minutes 00 seconds East 1 14.45 feet; thence South 00 degrees 00 minutes 00 seconds East 34.83 feet to the place of beginning, containing 0.2G acres, more or less. DocuSign Envelope ID: OAC25582-7469-415D-B3EF-F4934DCD53F8 EXHIBIT "B" Curve Table jCurve N Length Radius Delta Chord Direction Chord Length C 1 20.1 1 73.31 i 15.72 N49' 58' 52"W 20.05 BMP EASEMENT BMP ACCE55 EASEMENT NeO'090CY'W 29 N90'0000"E G a N43°5G'40'E 40.G5' N90°00'00"E 159.7G' -T— —r f N90°00'00"W 171.2G' PLAN SCALE: I " = 50' 144.45' i'f �'•'� N90°00'00"W 94.G8' Cm m O� w v 0 0 w � pg 1 /I N LOT 3 O --N0°00'00"E 32.13' C� 543'5G'40"W 30.77' POINT OF BEGINNING BMP ACCESS EASEMENT 5E COP, LOT 3 N89°58'44"W 125.58' LOT 2 N89'5644"W 45 9 #ROGER WARD ENGINEERING kINAAINCORPORATED PROJECT NAME: TOM WOOD JAGUAR PLAN SCALE: I " = 50' DATE: 10-17-2022 G555 CARROLLTON AVENUE DESCRIPTION: DRAINAGE * BMP EASEMENT Indianap&5, IN 4G220 (317) 25 1-1738 (Pax) 25 1-1923 EXHIBIT "B"