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Home My WebLink AboutEASEMENTS - Grant of Stormwater Easement - Julie Moorehead - 202301112023001040 EASE $25.00 01/11/2023 11:33:55AM 8 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II I I I I I I I II I I I II Cross Reference to Deed: 2021-41414 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "F,asement") 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 Pertnit 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 purposesof (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying arid verifying compliance with the requirements of the Permit and the Ordinances. KD 141A1630 2. dnex JMZ 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 Sto rm 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 Storrs 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 in ure 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 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 Perm it is rev ised, 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. KU_1t41816302_doex d I I ' 0. iuthot in 1-11- widcrsigned persoji ex'Lecuting I- t1j's , I asenient 1")r and wi behalf of irepn2sems and that he or ,;ht J)as been duly authoi-17.ed 11v Grantor to execute �"HvL�r i.his Ea-seniew, a,t,,i that all actions. votes. appro\-'Llk an&or restrictions necessm-y to executioa and of this Lazzement hav,2 been Undertaken. Date: 91- 1 N. DIANA )SS: '12TV OF HAIMILTM tee of the jL11je C. N-1wr6icad fl'IeN ocable I rust Agreement dated October 26, 2020 me, a Notarx Ptihfic in and for said County and 1iaLc. per!�onalk appeared Julie C. )rc.leau. I rLiqtee, who acknowledged eXCCULIon of the foregoing Easement for and on behalf !-the .`,Aooreheacl RcNocaMc fmst Atireernent dated October 26, 20-10. Z� Vv itness my hand and NIOtarial Sea' this clay f NOV'eln kt 2022. -)[jj1jj1S5iOri Number/Expii-cs.- - R - 3 0 Jeasica Hef-man Notary PuN;�, Stale ef Indiana SEAL Hendnc)s CountyC<)mrr,;5Sir,n WrAbIr WrVyl,�-A 1� My CcmmiMwi Lxpics Janux-v 2. 1 ei Printed 'Narne �)11 IADIANA S : d:' I [AiNVEL FO� rustee Ord S,CO;t )1e 1"I'LSt Agreem ent dawd I )c We r 20. 20,`;!) Daw Onk - xv H&we inn a Tutu, Ahk in ami t1w s6d Cbwn\ ON p.-_-vsonallti appectred Scott }'rusted, 01 ncknowkdgai MCCLAW (A the 6jv�_-��ohizg Eisement 1'()r and oil A. Adoordwad Reywable Frus; Agree mem dmod Awhe, 26, 201). ,w Am in, hand and Notarial Seal this 410vem be e- , ?o 22, . . ... . ..... - - C )Tnmi�sion Number Expi[ ws: .IdwLl in OA06"Ckd,)UIIL� JassicVieffemdn NMI pwi,72IM! state 0 11ridiana Henqnch,5 County Sby Gomml.�srl dumber NporV,226 , &C.A-1 I 6i�6i,ozi 7>777Y r�umlL DocuSign Envelope ID: OAC25582-7469-415D-83EF-F49840CD53F8 CITY of CARMEL BOARD OF PUBLIC WORKS & SAFETY ®ocuSipned8: liklayor 12/8/2022 Date: -DacuSogned by. QVJA. t ��ffi4�Mel7iber Date: 12/8/2022 �DacuSkgned by' 12/8/2022 Date: ATTEST: DoauS[nned by- S,.e. Wo4-F S _ .._a �V0@4 e rk Date: 12/8/2022 KD i4131630 2 dox DocuSign Envelope ID, QAC25582-7469-415U-B3EF F49340CD53F5 STATE OF iNDIANA } )SS COUNTY OF HAM ILTON HOLL.YJ. t �. Notary Public, �- Hamiito' # Commission Nu- 7 Q92 T c' My Commi. es HOLLY J. HARMEYE Notary Fublbe, Stata of Indiani .[r Hamilton County Commission Number NP07379?' + y;, My Commission Expire, December 15, 2029 Before me, a Notary Public in and for said Countyand State, personally appeared ,lames Brainard, a member of the City of Carmel, Indiana Board of Public v/orks & Safety and acknowledged execution ofthe foregoing Easement forand on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this layof December -,022 My Commission NUlnber/Expires klt"W�zl� 12/15I2029 _-_m..... Notary Publ' 91, Residing in Hamilton. _. County STATE OF INDIANA )SS: COUNTY OF HAMIL.TON ) Holly J Harmeyer — Printed Name " HOLLY J. HARMEYER Notary Public, Stata of Indiana SF ,,I = l•lemilton County r Cornmfaalon Number NP0737982 oia r\ My Comm#dcinn Explras DeCoMbaf 16, 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 behalrof Board of Public Works & Safety. Witness my hand and Notarial Seal this dayof December 2022 My Co mmission /Nu mber Expires: 12/15/2029 Notary ublic Hamilton fLt skiing in County Kn 1-1IS1630 2 docx Holly J. Harmeyer Printed Nanic ❑ocuSign Envelope ID: OAC25582-7469-415D-83EF-F4934DC053F8 HOLLY J. HARMEYER Notary Public, State of Indiana. ntY STATE OFINDIANA Hamilton Number } c � ' a � Commission Number Ni'0737982 )SS: my Commission E.xpiras Decembsr 15, 2029 COUNTY OF HAMILTON ) Before nie, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Carmel, Hoardof Public Works & Safety and ackno wledged 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 day of_ December 2022 My Cornmission Number/Expires; 12/1-5720 Notary Public 4d �V Residing in Hamilton County STA`fE. OF INDIANA ) )SS: COUNTY OF HAMILT'ON ) Holly J. Harmeyer Printed Name "av`RU`%, HOLI_YJ. HARIVEYER ° •"'•. % Notary Publo, State of Indiana x,SSAL'"� Hamilton County Commission Number NP0737982 Mcommission D c mber15, 20g 29 Before nee, 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, ndiana, Witness my hand an�d Notarial Seal this day of December _ , 2022 My Commission Nurnber/Expires: 12/1512G29. Notary Pub c Residing in Hamilton County Holly J. Harm er Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law — Jon Oberlander, Esy, Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashrrran, P.E., City Engineer, One Civic Square, Carniel, IN 46032 KD 141816.0 2.docx EXHIBIT "A' NORTHEAST CORNER SECTION 9 m TOWNSIi1P 17 NORTH o RAMC.E 3 EAST - HARRr-ON MCNUMENT FOUND in I� POINT OF 556'36'15-E 61,21' R=45.00' L=50.07' 6� � f R=40.00' L=80.55'IN m BMP & ACCESS EASEMENT G.53t ACRES o R=183.66' L=24.73' - o ft-65.G0' L-954' R=394.97' 1.=Li9.[i R=49.00' L=30-I1' [[ N89'43'00, 63.41' F 40.OD' PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 17 MINUTES CO SECONDS WEST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 1085. 84 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 00 SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 17 MINUTES 00 SECONDS WEST, 142.18 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 00 SECONDS WEST, 63.41 FEET; THENCE 30.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 49,00 FEET AND CHORD BEARING NORTH 30 DEGREES 25 MINUTES DO SECONDS WEST, 29.64 FEET; THENCE 59.65 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 394.97 FEET AND CHORD BEARING NORTH 60 DEGREES 46 MINUTES 16 SECONDS WEST, 59.59 FEET; THENCE 9.54 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 66 Ou FEET AND CHORD BEARING NOR'TFi 52 DEGREES 14 MINUTES 20 SECONDS WEST, 9.53 FEET; THENCE 24.73 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 183.86 FEET AND CHORD BEARING NORTH S1 DEGREES 63 MINUTES 11 SECONDS WEST, 24.71 FEET; THENCE 00. 55 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 40.00 FEET, AND CHORD BEARING NORTH 01 DEGREES 56 MINUTES 59 SECONDS EAST, 6Z61 FEET; THENCE NORTH 59 DEGREES 38 MINUTES 20 SECONDS EAST, 66.27 FEET; THENCE 50.07 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 45.00 FEET, AND CHORD BEARING SOUTH 88 DEGREES 28 MINUTES 58 SECONDS EAST, 47.53 FEET; THENCE SOUTH 56 DEGREES 36 MINUTES 16 SECONDS EAST, 61.21 FEET TO THE POINT OF BEGINNING, CONTAINING 0.53 ACRES MORE OR LESS. PREPARED BY: T sTER�gti'� N _ LS21500003€ JOSEPH TRTAN _ '. STATE OF PROFESSIONAL SURVEYOR �.� ly'-�NLJ1A"aP:.•-q�. l \` NO. LS2150000;3 Np Si1RV V OCTOBER U4, 2022 1�11111ji1 5 SCALE 1 1 00' SURVEYING + ENGINEERING O 50 100 200 17241 FOUNDATION PARKWAY oa.TE_ PRo.3ECT No.: WESTFIELD, IN 46074 zozz 226E-121 317-785-0850 HEET_ RAWN BY_ CHECKED BV: WWW.FOREFRONTSE.COM 1 oh 1 JT .IT