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HomeMy WebLinkAboutEASEMENTS-Grant of Perp. Storm Water Quality Easement - K&J Investments - Culver's - 202301062023000619 EASE $25.00 01/06/2023 03:14:47PM 8 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented Cross Reference to Deed: 2022028368 GRANT OF PERPETUAL STORibI 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 Storm 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 terins 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 Stone Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not AMM diminished from the capabilities set forth in the Pen -nit and (ii) the Stonn 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 andlor 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 S. 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 Stonn 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 (1) 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. 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: Prin(ed Name 0 u✓�t fr Date: a STATE OF INDIANA } )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared _ flb ©InS \-vho acknowledged execution of the foregoing Easement for and on behalf of LT tJ C. L Witness my hand and Notarial Seal this day of �2C2C�'1 e_r , 20ZZ My Commission Expires; t p Notary Public Residing in DQ.l a W a f a_ County *Q. FYs TERRI BINION a°� : Notary PutAir— Stale of Indiana a I SFAL i Delaware County Gomnissim Number NK7199M Mycornmswn bpras Aaro 23. 2027 :T+zrrr in�or1 Printed Name Docusign Envelope lo: F3950CAC-AF44-42BE-9FA9-FOD4E707089A CITY OF CARNIEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayer Date: ooeusrpnea er. QN�n. ary�i; Member 1/4/2023 Date: :vi uftned hy: 1NAt ]ow L t#th'-,ember 1/4/2023 Date: ATTEST: —DoausW, dby: i5.c U)A 54 OlAfgmgc, Clerk 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, Brainard, a member of the City of Cannel, Indiana Beard of I' acknowledged execution of the foregoing Easement for • ehalf Beard of Public Works & Safety. Witness my hand My Commissio Xgires: Not Residing in — County Seal this y of r Pres"t iC Printed Name personall d James AirWbrks & Safety and of City of Carmel, Indiana . 2U DoccuSign Envelope ID: F3950CAC-AF44-47BE-9FA9-FOD4E707089A ��,,r"3"''f•, HOLLY J. HARMEYER a` 1?¢• '� q'j�y Notary Public, State of Indiana STATE OF INDIANA $z.SEAE;"- Hamilton County m •'•, v Commission Number NP0737982 )SS: �'�ilkoiaN� My Commission Expires COUNTY OF HAMILTON ) " December 15.2028 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 day of January 24 23 My Commission Expires: 12/1512029 Notary Pei( Residing in Hamilton County Holly J. Harmeyer STATE OF INDIANA COUNT)' OF HAMILTON )SS } Printed Name \�,,,%IAIIrIf,, HOLLY J. HARMEYER ...... ?,irNotary Public, state of Indiana --"SEAL', .n _ Hamilton County 7Commission Number NP0737982 My Commission Expires 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, Beard of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. ZIA Witness my hand and Notarial Seal this day of Janua . 2423 My Commission Expires: 14k& 4Q 12/15/2029 Notary P1 i Residing in Hamilton County Holly J. Harmeyer Printed Name - DocuSign Envelope ID: F3950CAGAF44-42BE-gFA9-FO04E707089A HOLLY J. HARMEYER `?.•••.�`e'% Notary Public, State of Indiana STATE OF FNDIANA ) `z:SEAL"'I: Hamilton county + = +_ Commisslon Number NP0737982 )SS: f���NOia.NA+� 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 Cleric of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of January , 20 23 My Commission Expires: 1211512029 Notary Publ' Residing in Hamilton County Holly J. Harme er 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: .Ion Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to; Jeremy Kashman, P.E.. City Engineer, One Civic Square, Carmel. 1N 46032 DocuSign Envelope ID: F3950CAC AF44-42BE-9FA9-FO©4E707089A EXHIBIT PART OF THE S.W. QUARTER, SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST CLAY TOWNSHIP, HAM LTON COUNTY, INDIANA CARMEL DRIVE 80' R/W PER N89'55'00"E 50' RAW DR 262. PG 285, ITEM 14 512, # N89'55 00 E 143.37 51 n 25-INGRESS/EGRESS EASEMENT INST. #8700090 to g� o rt .. 5 POR-7 CITY OF CARMEL ST. #2001000129 w M O � I z GRAPHIC SCALE 0 15 30 BO / N I 11 MILLER SURVEYING INC. " ,C;r s 948 CONNER STREET AIOBLESVILiE iNDUM 46M PH. 1 (317) 773--2644 FAX 773-2694 LOCATION: PART OF THE SOUTHWEST QUARTER, DRAWN BY: LRL PREPARED BY: KNA SECTION 31. T18N, R4E SCALE: I" 3V IFIELD BOOK: O.C. CLAY TWP., HAMILTON COUNTY, INDIANA FIELD WORK COMPLETED: NA DATE 8-2-2022 PAGE: D.C. WEWCULVER5 ,FOB NUMBER SURVEY 4 FRI_ DTSCRIPTION: EXHIBIT B 3 9 5 5 7 DacuSign Envelope ID: F3950CAC-AF44-42BE-9FA9-FOg4E707089A EXHIBIT PART OF THE S.W. QUARTER, SECTION 31. TOWNSHIP 10 NORTH. RANGE 4 EAST CLAY TOWNSHIP. HAMILTON COUNTY, INDIANA �N. Wf. CORNER S.W. QUARTER I SEC. 31-18-4 I --- l\ — - -- --- N89'55'00'�E 600.00' 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 DESCROED 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 WARTER SECTION 175Z85 FEET TO THE CENTERLINE OF CARAMEL DRJVE (THE NEXT COURSES DEJNG ALONG THE CENTERLNE OF CARAMEL DRIVE); RWvMNb 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 2-0 DECREES 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 50 SECONDS WEST 48.00 FEET TO THE POINT OF BEGIWIHr- 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 INUTES 15 SECONDS WEST 118.85 FEET: THENCE NORTH 00 DEGREES 04 WNUTE5 30 SECONDS WEST 67.20 FEET TO T14E POINT OF BEGINNING, CONTA94NG 0.18 ACRES, MORE OR LESS_ MIL PH. LOCATION: PART OF THE SECTION 31, T CLAY TWP.. HAMILTON I EXHIBIT NO INC. BY. LRL IPREPARED 13Y.- 1 1' s 30' FIELE7 6COK: 8-2-2022 PAGEr..... p.C. B39557