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Home My WebLink AboutGrant of Perpetual Storm Water Quality Management Easement; Culver’s Restaurant; 431 E Carmel Drive; K & J InvestmentsDocuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOD4E707089A .J-\\IF.s BRAINARD, IIMAYOR December 22, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- 431 E CARMEL DRIVE- CULVER'S Dear Board Members: The property owner at 431 E Carmel Drive has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction of a new Culver's restaurant. 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, Jerem ashman, P.E. City Engineer DF.mKrmievi or Ewi\Fatw OV OVIt 1tY1.ARF. CARNIFL. IN 16032 OFn(ir 317.i-1.2+0 I'da 31'-i'1.21i9 DocuSign Envelope ID: F3950CAC-AF4442BE-9FA9-FOD4E707089A Cross Reference to Deed: 2022028368 GRANT OF PERPETUAL STORAI WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the K&J Investments XIV, 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 build a Culver's on the Real Estate and, in connection with the construction, development and operation of the private Stone System, the City has approved or will approve a Stonn Water Management Pen -nit (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 stonn 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 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. Stone 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 stone 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 pennitted at all times to enter Upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storni 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, such that (i) the effectiveness and performance of the Storm Water Quality System is not DocuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOD4E707089A diminished from the capabilities set forth in the Pennit and (ii) the Storm Water Quality System remains in compliance with the Pennit and the Ordinances. Section 5. Failure of Stone 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 Pennit 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 Stonn Water Quality System as is necessary to restore compliance with the requirements set forth in the Pennit 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 Stonn 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 Stone 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 Pennit 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: F3950CAC-AF44-42BE-9FA9-FOD4E707089A 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 d- Prin ed Name %% Q Wrr tr Date; STATE OF INDIANA 1 )SS: COUNTY OF HAMILTON ) Before > e, a Notary Public in and for said County and State, personally appeared job0 ,'rX5who acknowledged execution of the foregoing Easement for and on behalf of �a-s 1� e �r� Witness my hand and Notarial Seal this _ I _ day of T?a_n Lmk # r 20,42 My Commission Expires: _ � l/1'lLan_- A r;I '�3 2�27 Notary Public Residing in DQl A Wa ra— County --faxr— t Printed Name •a� Fv TERRI BINION Notary PutAn. State of Indiana SEAL ! } Delaware County Commisto Number NP0719909 ; ^ t My Commisw Expires !o „� Apt 23. 2027 DocuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOD4E707089A CITY OF CARMEL BOARD OF PUBLIC «'ORKS & SAFETY ATTEST: Not Present James Brainard, Mayor Date: DocuSigned by: QVJA, fit, MarysNaTffV; Member 1/4/2023 Date: DocuSigned by: -- L- 1/4/2023 Date: DocuSigned by: Ne-Weftmg�aClerk 1/4/2023 Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Not Present Before me, a Notary Public in and for said County and State, personall a ames Brainard, a member of the City of Cannel, Indiana Board of P orks & Safety and acknowledged execution of the foregoing Easement for ehalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and arial Sea] this y of , 20_ My Commissio xpires: Not Pres"-,Cji is Residing in ______County Printed Name DocuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOD4E707089A HOLLY J. HARMEYER ?�Y PGd,'; Notary Public, State of Indiana ) -z:SEAL; Hamilton County STATE OF INDIANA + • • + =Commission Number NP0737982 )SS. �i�h'DI0 pNP\:` My Commission Expires m, December 15, 2029 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. f11- Witness my hand and Notarial Seal this _ / day of January , 20 23 My Commission Expires: _ ✓'� 12/15/2029 Notary P i Residing in Hamilton County STATE OF INDIANA ) )SS COUNTY OF HAMILTON ) Holly J. Harmeyer Printed Name HOLLY J. HARMEYER ?.•••.,e;'%Notary Public, State of Indiana `Q'SEAL:"= Hamilton County + + Commission Number NP0737982 �'yDIpNP�\� My Commission Expires /if, , o 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 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 Sea] this My Commission Expires: 12/15/2029 Residing in Hamilton County Y-11 day of January 2o23 Notary ffl Holly J. Harmeyer Printed Name DocuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOD4E707089A �% HOLLY J. HARMEYER F;�Y. ale<% Notary Public, State of Indiana STATE OF INDIANA ) =Z SEAL Hamilton County + � . +; Commission Number NP0737982 )SS: My Commission Expires COUNTY OF HAMILTON ) December 15, 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 Cannel, Indiana. Witness my hand and Notarial Seal this _h day of January , 20 23 My Commission Expires: W4�&- Q 12/15/2029 Notary Pub]• Residing in Hamilton County Holly J. Harmeyer Printed Name Pursuant to IC 36-2-11-15(b)(2), I affinn, 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, Cannel. IN 46032 DocuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOD4E707089A EXHIBIT PART OF THE S.W. QUARTER, SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA — — — — — — — — — — — — — — — — — — — CARMEL DRIVE 80' R/W PER N89'55'00"E 50' R/W DR 262, PG 285, ITEM 14 512.75 3 N89'55'00"E 143.37 51 M 25'INGRESS/EGRESS EASEMENT p o INST. #8700090 0 ov b d N — --------� o UC .". POB w N89'50'45"E 118.57' CITY OF CARMEL �'� ST. #20010001293 BMP EASEMENT o0 /0.16 ACRES / rn d Q,n N S89'50'15"W ; °1 0 (VLO m rr/ W i O c O O (V Z _ O O siw, M <2 G ,oP GRAPHIC SCALE 0 15 30 60 SCALE : 1 • = 30' MILLER SURVEYING INC. cr S 948 CONNER STREET NOBLESVILLE INDIANA 48060 PH. # (317) 773-2644 FAX 773-2694 LOCATION: PART OF THE SOUTHWEST QUARTER, DRAWN BY: LRL 1PREPARED BY: KNA SECTION 31, T18N, R4E SCALE: 1" 30' FIELD BOOK: D.C. CLAY TWP., HAMILTON COUNTY, INDIANA FIELD WORK COMPLETED: NA DATE: 8-2-2022 PAGE: D.C. CLIENT: CULVERS JOB NUMBER SURVEY 4 FILE: DESCRIPTION: EXHIBIT B39557 DocuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOD4E707089A U cn a cr O 3 vi w z J U) k� EXHIBIT PART OF THE S.W. QUARTER, SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA so0ro4'3o"w 48.0' N.W. CORNER S.W. QUARTER SEC. 31-18-4 I N89'55'00E I a N89'50'45"E ALi� L=400.00' 118.57' f R=1145.92 w w BmP E`15FMENT d 18 CRIES iA m p m / m C 4 = S89'50'15"W 118.85' 4) / Ap L-400.00' R=1145.92 600.00' 3 �n I a I P 0 z I S.W. CORNER S.W. QUARTER SEC. 31-18-4 A PART OF THE SOUTHEAST QUARTER, SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER, RUNNING THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST (ASSUMED BEARING) AND ALONG THE WEST LINE OF SAID QUARTER SECTION 1752.85 FEET TO THE CENTERLINE OF CARAMEL DRIVE (THE NEXT COURSES BEING ALONG THE CENTERLINE OF CARAMEL DRIVE); RUNNING THENCE NORTH 89 DEGREES 55 MINUTES EAST 600.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA ANGLE OF 20 DEGREES 00 MINUTES AND A. RADIUS OF 1145.92 FEET; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE, 400 FEET TO THE POINT OF TANGENCY THEREOF; THENCE NORTH 69 DEGREES 55 MINUTES EAST 238.51 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA ANGLE OF 20 DEGREES 00 MINUTES AND A RADIUS OF 1145.92 FEET; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE 400 FEET TO THE POINT OF TANGENCY THEREOF; THENCE NORTH 89 DEGREES 55 MINUTES EAST 512,75 FEET, THENCE SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST 48.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 50 MINUTES 45 SECONDS EAST 118.57 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 45 SECONDS EAST 66.54 FEET: THENCE SOUTH 89 DEGREES 50 MINUTES 15 SECONDS WEST 118.85 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 30 SECONDS WEST 67.20 FEET TO THE POINT OF BEGINNING, CONTAINING 0.18 ACRES, MORE OR LESS. MILLER SURVEYING INC. M 5 948 CONNER STREET NOBLESVILLE INDIANA 46060 PH. # (317) 773-2644 FAX 773-2694 LOCATION: PART OF THE SOUTHWEST QUARTER, DRAWN BY: LRL 1PREPARED BY: KNA SECTION 31, T18N, R4E SCALE: 1" = 30' FIELD BOOK: D.C. CLAY W., HAMILTON COUNTY, INDIANA _._. _ ..._ .. ... DATE: 8-2-2022 1 PAGE: D.C. DESCRIPTION: EXHIBIT B39557