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Home My WebLink AboutEASEMENTS- Grant of Storm Water Easement - ACP Realty-20220302FDS 2022011291 EASE $25.00 03/02/2022 03:50:28PM 7 PGS Jennifer Hayden DocuSign Envelope ID: BG615DF3-3C41 4654-A312-7ECD21F132F5 Hamilton County Recorder INRecorded as Presented II II II II II I I I III III III II Cross Reference to Deed: 202088124 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement ((he "Easement") is by and between the ACP Realty, 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 expand the existing erkin facilities on the Real Estate and, in connection with the construction, development and operation of the property, 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 Waterualit 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, hydrodynamic separators catch basin inserts, and structural and non-structural best management practices (collectively the "Stomi 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: 86B15DF3-9C41-4654-A312-7FCD21F192F5 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 anal/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, fin-ther, 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 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: 86815DF3-9C41-4654-A312-7ECD21F192F5 S cti� on 1.0. 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. Printed blame Date: 1 /Z C / 7-07-7 STATE OF INDIANA ) )SS: COUNTY OF HAMIL,TON ) Before me, a Notary Public in and for said County and State, personally appeared CJ'k IiAm L. Q s&� , who acknowledged execution of the foregoing Easement for and on behalf of !_t- Witness my hand and Notarial Seal this. j day of . _7 ? �. jjA , 20,) t2. My Commission Expires: /G'- 1� /- ) 0 d 19 Notary Public Residing in (-OA)v County A. Printed Name 1 =••*�y V\� iic.okNie h A. itKenney Cfn s4 C " �^ f IFr7:}27n4a2 �!y Clrnr�;l*s Grt txl; res 10,'2112023 DocuSign Envelope ID: B6615DF3-9C41-4654-A312-7ECD21F192F5 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: D¢c uSlgn.d by: Jamesralnard, Mayor Date: 2/16/2022 f(` oocu5i¢nned by: 1"'1-W_F_a_ '7�t>�ti�3urke, Member Bate: 2/16/2022 D¢cuSig—d by: --Eb1H3W11tMft Member Date: 2/16/2022 f'� LDocu Silg''n e``d by '`S W4Nv3t1`Wg, Clerk 2/16/2022 Date: STATE OF INDIANA ) )SS: COUNTY ON HAMILTON ) 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. y, 1 7 February 2Z Witness my hand and Notarial Seal this da Of � _ , 20• My Commission Expires: 12/1S/2029 NotaryPublic Hamilton Holly 3 Harneyer Residing in -_County _ _ Printed Name HOLLY J. HARM EYER • "6'.': Notary Puhlio, Steto of Indiana °'— Hb milton County ;SEAL. `` Commission Number NP0737S82 •d�N�inN°�°� My Com mEssion Expires December 15, 2D29 DocuSign Envelope ID; B6815DF3-gC41-4654-A312-7ECD21F192F5 STATE OF INDIANA ) }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. Witness my hand and Notarial Seal this �F l day of , 20 My Commission Expires- 'JL otary Public M SCa��i Residing in Y County Printed Name 4F TA ' • 4op � ) z 08LIC STATE OF INDIANA }SS: ''��pN`••",.•.••••'f ��• COUNTY OF HAMILTON 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. Witness my hand and Notarial Seal this day of rUCv'20L7— My Commission Expires-. �-'1 N z "_ Notary Public Residing in County1L Printed Name s1 i rsorg s :.�SRy �� s t Z� pUBZIC oG '`• •.......•, •Q�C Nam. DocuSign Envelope ID: B6Bl5DF3-9C41-4654-A312-7FCD21F192F5 STATE OF INDIANA ) )SS: 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, Indiana. Witness my hand and Notarial Seal this day of 20 y�C0111i1115510n Explre Residing in4bim-( l7tflCounty Notaryub is Ltlpam�e Prie 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 D—Sign Envelope ID: MB15OF3-9C41-46:,4-A312-7ECD21Ff92F5 Land Description ArtlstlC Composite Pallets "BMP° Drainage Easement A Part of Lot 4B, Block 3, Mayflower Park Replal, as per plat thereof recorded as Instrument Number 2021022441 and filed In Plat Cabinet 6, Slide 82 in the Office of the Recorder of Hamilton County, Indiana, being a 20 foot wide strip of land, more particularly descrihed as follows: Commencing at the southwest corner of said Lot 4B, thence North 0 degrees 51 minutes 22 seconds West along the west line of said Lot 46 a distance of 32.00 feet to the Point of Beginning; thence North 89 degrees 28 minutes 49 seconds East parallel with the south line of said Lot 48 a distance of 293.71 feet; thence South 0 degrees 31 Curve i ata R 440, 00' minutes 31 seconds East 20.00 feet; thence North 89 degrees 28 minutes 49 seconds L 555.29' East 20.00 feet; thence North 0 degrees 31 minutes 11 seconds West 40.00 feet; thence South 89 degrees 28 minutes 49 seconds West 314.29 feet to the west line of said Lot 48; thence Southerly along said west line a distance of 20 feet to the Point of Beginning and containing 0.153 acres, more or less. to Lot 4B Block 3 V) Mayflower Park j 20' 1NDE 'BMP" DRAINAGE EASEMENT SCALE: 1 "=60' POINT OF BEGINNING �L L L�J✓�� N89'28 49 E - 293.71 iIz o S89'28'54"W - 544.18' No M POINT OF COMMENCEMENT M SW COR. LOT 4B x 1 SOO'31'11'E 20.00' 2 N89'28'49"E 20.00' 3 NO'31'11"W 40.00' 4 Southerly 20' to POB eil"M Artistic s�� 1-60 1 of 1 Dr,r By: MAP Cs STRUCTUREPOINT Composite Pallets ®MP Hamilton County Clwdrod By, EE Indiana Easement Job rla.: 2021.o5>!to