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EASEMENTS-Grant of Perp. Stormwater Quality Mgmt Easement - 10216 N Michigan - Guidepost-202208222022041763 EASE $25.00 nocusiqn Enveinpe is 6A9F83aC-961C-41cA-88Aa-8o607A5F867n 08/22/2022 04:17: 33PM 8 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented Cross Reference to Deed: 2012-044435 II II II II II I I III I I III I I II TGR GRANT OF PERPETUAL STORM WATER QUALITY INIANAGEMEN'r EASEMENT "phis easement (the "Easement") is by and between the NVS Properties Vill, (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 Guidepost Montessori Daycare on the Real Estate and, in connection with the construction, development and operation of the Guidepost.. Montessori i7aycare, 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, THFREFORF,, 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 oil the terns 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 "Easerent Area"). Section 2. Storm Water Qt ality 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 nort-structural best management practices (collectively the "Storn Water Quality System") to be constructed, installed and maintained by Grantor, at Grantor's expense, in accordance with the Perint and the Ordinances. Section 3. Purpose of.Easement. Grantee shall be and hereby is permitted at all tires 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, CocuSign Envelope Id 6A9F830C-961C-31CA-88AD-81)607A5F8670 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 QualitySystem. 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 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 Ex nses 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 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 0) 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 (teal 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 6A9F830C-961C-41CA-88AD-8D607A5FB670 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. Date: STATE" OF II LINOIS ) )SS: COUNTY OF COOK. ) Before me, a Notary Public in and for said County and State, personally appeared who acknowledged execution of the foregoing Basement for and o 'half of Witness my hand and Notarial Seal this _ day of 20ZZ— i Nly ,omrttission B.xpres: L-_ ..._.___ a ubli , Residing in __LdA<te, Countyk-;'—. _ Printed Name KI/�1BEHLY A BURRELL Official Seal Notary Public - State of IElinps My Commission Expires Jul 2, 2023 DacuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D6O7A5F8670 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Docu5igned by: James ramard, Mayor 8/17/2022 Date: DocuSlgned by: awn, Wit, r1y'XRW2thrke, Member 8/17/2022 Date: Do4uSlgned by: ofP&ai900Member 8/17/2022 Date: ATTEST: --0acuSig'ne1dl �by; { u 8' h"fiik, Clerk 8/17/2022 Date: HOLLY J. HARMEYER STATE OF 1NDIANA ) PAY, �s`- Notary Public. State of Indian- )44; =_ SEAL;"= Hamilton County r _ Comml$alon Number NR0737982 COUNTY OF HAMILTON ) �,/^olAN4.•`� My Commission Expires i„ Irlluv t)eeetnbar i 5, 2029 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. Witness my hand and Notarial Seal this day of August 20 22 My Commission Expires: 12/15/2029 No a y Publi Residing in Hamilton County Holly J Hdrmeye r Printed Name DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-80607A5FB670 HOLLY J. HARMEYER STATE OF INDIANA ) �• ° Notary Pubiic, state of Indiana -` SEAL;" Hamilton County )SS . •. . i Commission Number NP0737982 COUNTY ©i H��NlIL ON ) MY commission Expires " December 15, 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 behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this day of .August 20 22 My Commission Expires: 12/15/2029 Notary Public Residing in Hamilton County Holly Harmeyer Printed Name HOLLYJ. HARMEYER STATE OF INDIANA ) Tn "' Nota r Wary Public, state of Indiana C� -`-;SEA;-:"= Hamilton county )SS: a ` � Commrssicn Number NPG737982 COUNTY OF HAMILTON ) % '�;\MDecember�15,2029on 9 a,u 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 Can73el Board of Public Works & Safety. Witness my hand and Notarial Seal this / day o August , 20 22 My Commission Expires:-� 12/1.5/2029 Notary Public Hamilton Holly 3 Harmeyer Residing in County Printed Name DocuSign Envelope ID: 6A9F830C-961 C-4 1CA-88AD-8D607A5F8670 STATE OF INDIANA )SS: COUNTY OF HAMIL`I`ON ) HOLLYJ, HARMEYER Notary Public, State of Indiana Hamilton County k,SEAL: ` Commission Number NPD137982 My Commission Expires ar„nu December 15, 2029 Before n1e, 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 c f August s 20 22 My Commission Expires: 12/15/2029 Notary public Residing in Hail 1 ton County wally J Ha rmeye r 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 dacurnent, unless required by law — Jon Oberlander, Fsq. Prepared by- ,Ion Oberlander, Interim Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashnlan, P,F., City Engineer, One Civic Square, Carmel, IN 46032 DocuSlgn Envelope ID: 6AWS30C-961C-41CA-88A0-8D607A5F6670 th l3r0-A701 J7J-s6J4-5 ��rIPr04Stiu! JW1'ACCxss u�Rffr y, a!£MIJf��-T- � ?�CCYSS-.IlfYJ11'_USF+uFM Arg/Exi+I LS:1`6/75 W—P-2 i I AVRTN LINE w� OfLOT3 J �r v, A W ty �y oa I Z� I 2� a 0 a CARL 8 do 0. LEE TFRRI' BOOK JJ6, PC J9J 800K J49, PG 718 F S BMR, DRAINAGE, ACCESS & UM/TY EASEMENT 0. 2q * ACRES I I WFSr CARMRL CQ 44QNS 35 rn+SrR- #20i2a4 LINE TABLE DIRECTION L,-NGTH s a0.442s' E 271,90' P V 75'J2.20' W 48..44' S 81.08,08` W f3.90' L4 S 61'4337" W 107.60' L5 N 28'162J' W 20.00' L6 N 61'4J'-17` F 111.09' 17 N 81'08 08' C JJ 12' 18 N 20'44 25' W 211.45' L9 S 81.0'48' W M..07' L 10 N 0846'12 " W Z0.00' L11 N 81'fJ48"F 94,28' LOT 3 r - POINT OF 8EGINN1NG (NE CORNER OF LOT 3) 20 6L coMMQNS WEST IA Ror 2p1 Q06r44 1 NSrR- LOT 1A EAST LAW or LOT J x s LOT 2A �A r YFF-R BARK MALQwSLip09� 102 12 BOCK s INSr 2'#9g8226 REFERENCE: This exhibit is based upon the ALTAINSPS Land Title Survey by Civil & Environmental Consultants, Inc., Project No, 313-663 dated July 27. 2021 Civil & Environmental Consultants, Inc. 530 E. t7hio Sti eet, Suite 6 - indiartapoiis.. iN 46204 317-&%-7777 - 877-746-9749 www cec nc com 40 NORTH I omm STATE F'LANC £AST ZONE BEARINGS SCALE IN FEET p 50' Y GLOBAL PQWUFi 6 CONSTRUCTION INC. HIGHER GROUNDS EDUCATION CARMEL, 1NDIANA BMP, DRAINAGE, ACCESS & UTILITY EASEMENT DRAWN BY. CJV Ch1EC-KED BY: TJT I APPROVED BY: ABS 1EXHIBIT OF DATE JUNE 15, 2022 DWGSGAl_F'rSIY PROJEGI110 313-863 —Sign Envelope ID: fAgF83t)C:-rJ61 C41 CA -$$A D-8Df3D7ASF 8670 BMP. DRAINAGE. ACCESS & UTILITY EASEMENT Part of Lot 3 in West Carmel Commons Secondary Plata orded in Instrument Number 2012044435 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest Quarter of Seelion 7, Township 17 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, and being more particularly described as follows: Beginning at the Northeast corner of said Lot 3; !hence South 20 degrees 44 minutes 25 seconds East (Indiana State Plane East Grid Bearings) af—g the East line of said Lot 3 a distance of 271 .90 feet; then.. North 75 degrees 32 minutes 20..—no. West a distance of 48.44 feet; th.n:e South 81 tlegrees 08 minutes 08 seconds Weal a distance of 13.90 feet; thence South fit degrees 43 minut.s 37 seconds West a distance of 107.60 feet; !hence North 28 degrees 16 minutes 23 seconds West a distanos of 20.00 feet; thence North 61 degrees 43 minutes 37 seconds East a distance of 111.02 feet; thence North 81 degrees OB rninutas 08 seconds East a distance of 33.12 fee[; thence North 20 dagre as 44 minutes 25 se.ontls West a distance of 211.48 feet; then:. South 81 degrees 13 minutes 48 ands West a distance al 78.07 teal; then.. North 08 deg reds 46 minutes i2 sacgnd5 West a distance of 20.00 feet to the North line of Said Lot 3: thence North 81 degrees 13 rn nutes 48 seconds East along said North line a distance of 94.28 feet to the Point of Beginning, containing 0_225 acres .1land, mora or 1— Tyler J. Thompson Registered Land Surveyor No. LS214o0008 June 15, 2622 nnompson�.eaTw...m prepared by Tyler J. Thompson 1 "Burn, under the penahies for perjury, that I have taken ,.—..able care to redact each Sociai Securily number m this document, unless required by law. Tyler J. Thompson REFERENCE: This exhibit is based upon the ALTZNSPS Land Title Survey by Civi1 S Environmental Gonsullanls, Inc., Project No. 313-863 dated July 27, 2021 �a�aw+�as m u I n l u tlivrq, ��,S;� G1S TEyD� � No. 21 400006 iiryipittuliinil O i / [aLUCHI_ f-'VWtIrt @ CONSTRUCTION INC. ,�� � HIGHER GROUNDS EDUCATION Civil 8c Environm¢ntal Consultants, Inc. CARMEL, INDIANA 530 E. Onio Street, Suite G - IndianapNis. IN a6204 --- 317-6-17777-a77-7460749 BMP, DRAINAGE, ACCESS & UTILITY EASEMENT YN BY: CJV GHECKEO BY: TJT APPROVED BY, ABS EXHIBIT: -11 INF 15 2027 BWG SCALE' 1'=50' PROJECT N0_ 313-863 G OF