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Home My WebLink AboutEASEMENTS-Grant of Perp. Stormwater Quality Mgmt. Easement - Veterans Way LLC-202204122022018516 EASE $25.00 DocuSign Envelope ID: 5763FED6-9E94-4233-BE85-3F762D281573 04/12/2022 10: 26: 34AM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented Cross Reference to Deed: 2021-076865 II II II II II I III II I I II I I II GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (tile "Easement") is by and between the Veterans Way 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 the Studio M Office building on the Real Estate and, in connection with the construction, development and operation of the Studio M Office, 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 nnrtual 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" in two parts (the "Easement Area"). Section 2. Stolm Water Quality System. Located or to be located within (lie Easement Area, in (lie 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, underground detention 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, such that (i) the effectiveness and performance of the Storm Water Quality System is not DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 diminished from the capabilities set forth in the Pennit and (ii) the Store} Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality S sue. 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 sliall 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 rcimbursc Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section S 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 petpetual 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 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 Cannel, 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: 5763FED6-9E94-4233-BEB5-3F762D281573 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 beet} Undertaken. By: Daniel T, Moriarity, Principal Printed Nanie Date: 03/16/2022 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before ne, a Notary Public in and for said County and State, personally appeared Daniel Moriarity , who acknowledged execution of the foregoing Easement for and on behalf of Veterans Way, LLC Witness my hand and Notarial Seal this 16th day of March , 20 22, My Commission Expires: � January 6, 2030 Notary Public Residing in Hamilton County L. Robin Mills Printed Name I SOBIN MILLS Notary Public - Seat State of Indiana Commission Number NP0650047 My Commission Expires Jan. 06, 2030 DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayor Date: DocuSigned by: ate, 060810618EA24EA,.. Mary Ann BUt•ke, Member 4/6/2022 Date: IDocuSigned by: bV't �ol�Sbl�, BBD22381842B400... Lori Watson, Member 4/6/2022 Date: ATTEST: Signed by: ",In E�Docu`3A89WA9844C5... Sue Wolfgang, Clerk 4/6/2022 Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Carmel, 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. Not Present Witness my hand and Notarial Seal this day of , 20_ My Commission Expires: Residing in County Notary Public Printed Name DocuSign Envelope ID: 5763FED6-9E94-4233-8E65-3F762D281573 STATE OF INDIANA ) )SS COUNTY OF HAMILTON ) "" P1, :-11=C11m OLLYJ. HARMEYER c T? . F. sary Public, State of Indiana l-AAL= Hamilton County ''.Z.mission Number NP0737982 %o' nmP..•cy Commission Expires l'" rm er 75, 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 6th day of April T , 20 22 My Commission Expires:_ 12/15/2029 No (ry Mai Residing in Hami l ton County STATE OF INDIANA } )SS: COUNTY OF HAMILTON ) Holly ] Harmeyer Printed Name HOLLY J, HARMEYER NARY. p�o�' Notary Public, state of Indiana $Q' Hamilton County rSSEAL;. Commission Number NP0737982 .. olp. `�� My Commission Expires 11 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. Witness my hand and Notarial Seal this 6th da of April 20 22 My Commission Expires:- 12/15/2029 Notary Public _ Residing in Hamilton County Holly J Harmeye r Printed Name DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) HARMEYER -•Frio r, HOLLY J Notary Public, State of Indiana _= o•.. • SEAL.• n_ Nsmllton County hlum"r NP0737982 - r k t `` Commission My Commission Expires D3ceMber 15, 2429 „ nti+++` 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 My Commission Expires: 121151z 2�_ Hamilton Residing in _ County 6th April 22 y al Pi lic Holly 3 Harmeyer 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 — .Ion 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: 5763FFD6-9F94-4233-BE65-3F762D281573 4& NORTH fivom A STATE PL4NE EAST ZONE 6EAR/NGS _ _ 1 Q I l ETER4NS WAY, LCC I I WSTR. /2022012155 Q 3 I EAST R/W -- f! IETERAN'S NE CORNER WAY /NSTR. ,�2022012482 � L6 a ORA/NAGE EASEMENT a 073 -0- ACRES. VETERANS WAY, LLC /NSTR. /2022012482 EAST Rl — — YETER4N S NORTH R/W 3RD STREET SW 3RD ST.. SW (FU6LIC RIGHT-OF-WAY) UIVE TABLE LINE DIRECTION LENGTH L1 S 69"05O0" W 200.00, L2 S 0000'15' E 1.34' LJ S 0000'15" E 64.66' L4 S 69'0500- W 49.42' L5 N 00'00'IS" W 64'66' L 5 N 69"05 00' E 49.42' V 2-1 POINT OF commEmnruENT - SC 6VRNCR NC 1/4, SE 1/4 SEC. 25, T. 18N, R..3E. REFERENCE: This exhibit is boxed pon the ALTA/NSPS Land Title survey by CIv11 & Consultants, SCALE IN FEET Inc., Projeet Na. 315-285 P.O.B.: Point of Beginning 0 30' 60' STUDIOM ARCHITECTURE RE&PLANNING, LLC 231 VETERANS WAY Civil & Environmental Consultants, Inc. CARMEL. I NDIANA 46032 630 E. ON, S-1t. $V11e G Ndianepolfa, IN 46204-------- 3176557777 .77-746.B— DRAINAGE EASEMENT EXHIBIT DRAWN BY: r,)V I rHE CKE9 BY: TJT APPROVED I1Y: ABS F,—F.IT- -OJ—T NO