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HomeMy WebLinkAboutEASEMENTS-Grant of Perp. Stormwater Quality Mgmt. Easement - Atapco Carmel-Lakeside Apts. 2-202204122022018524 EASE $25.00 DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 04/12/2022 10: 28 :14AM 8 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111111111111111111111111 IN AMM Cross Reference to Deed: Instrument No. 2020071625 (Plat] GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT CASEMENT This easement (the "Easement") is by and between A(apco Carmel, tile., (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 tine later of the date on which Grantor executes this Easement or the date on which Grantee executes this casement; WITNESSETH THAT: WI-IEREAS, Grantor is [lie owner of the real estate conveyed by the deed identified in the cross reference above (the "Real Estate"); W11 REAS, Grantor intends to redevelop the Real Estate and, in connection with the construction, development and operation of the proposed apartment buildings, 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" 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 storms water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, hydrodynamic separators, isolator rows, 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, DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 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 an(] the Ordinances. Section S. Failure of Storer Water Quality Sytem. 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 ep uses and EnforcenYent. 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 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 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 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: 5763FED6-9E94-4233-BEB5-3F762D281573 Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that lie 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. 17 / Q/JGG C. 1p4e, I , 2IVC il3y: Pam_ gusset Printed Blame Date: 3 1la12 Miry uh STATE OF ) )SS: COUNTY OF H*fttT1tYM ) - p 13c re me, a Notary Public in and for said County and State, personally appeared F�Mcl I , who acknowledged execution of the foregoing Easement for and on behalf of CAGY ba, .3 �h L Witness my hand and Notarial Seal this day of M OY ( i , 24 1'�Z- My C ]roil s on,rxpires: A IA i Notary Public Residing int f<{"� �11 &�Couuty Printed Name p►. cpoo N otaFV w DocuSign Fnvelope ID: 5763FFD6-91=94-4233-Br=B5-3F762D281573 CITY OF CARMEL BOARD OF PUBLIC WORI(S & SAFETY Not Present James Brainard, Mayor Date: DacuSigned by: L a� , _. �gg.EA . Mary Ann Burke, Member 4/6/2022 Date: —DocuSigned by: LoriWats-611' Jmber 4/6/2022 Date: ATTEST: FDocuSigned b ue. wow __.-- sue a gang, 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 My Commission Expires: Residing in County Notary Public Printed Name 2a DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 HARMEYER• HOLLY I Notary Public, State of 4ndiariaHamilton county* Npo737982STATC Commission Number OF INllIANA } = My cornm'sssion Expires���� 15. 2029}SS: Em pace mbet COUNTY OF HAMILTON } Before me, a Notary Public in and for said County and State, personally appeared Mar}, Ant Burke, a member of the City of Cannel, 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 20 22 My Commission Expires: 12/15/2029 otary Vb- Residing Hamilton dolly ] Harmeyer in .._ .._ ._.-.-- County Printed Name _.. ,,ISY,,,HOLLYJ. HAfiMEYE R STATE OF INllIANA ) tP ••... Notary Public, state of Indiana }ss: �z'SEAL:n� Hamilton County +'•, +; commission Number NP0737982 COUNTY OF HAMILTON ) �f' "p p"4'`� Mo cemberlt5, 2029 �1111111 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. A ri 1 Witness my hand and Notarial Seal this 6th day of� p _, 20_. 22 My Commission Ires; 12/15/202x fiNotary Public Residing in Hamilton County Dolly I Harmeyer Printed Name DocuSign Envelope ID:5763FED6-9E94-4233-BEB5-3F762D281573 STATE OF INDIANA ) )SS COUNTY OF HAMILTON ) HOLLY J. HARMEYER ,�`tisPv`.�e'' Notary Public, stela of Indiana Hamilton County z SEAL1Commission Number NP0737892 "'• '• �' µy Commission Expires December 15, 2929 Before nte, 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 Cth d of Apt 1 20 �2 My Commission Expires: rr� . 1.2Z15./2029 t y ubli 1 — Residing in Hamilton County Holly 7 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 cacti Social Security number in this document, unless required by law — Jon Oberlander, Esq. Prepared by: Jon Obertander, Interim Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, RE., City Engineer, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 R=595.00 3=1'55'34" N56'49 59"E 31.59'� L=20.00' CH=S33'10'01"E 20.00 R=595.00 N33'10'01"W 20.00'J a 6 511'35" 9,p L-53.93' S56'49'59"W 31.59' 0CH=N29'36'27'W 53.91 f NE—P<AT BLOCK B O 'p CARMEL SCIENCE h TECHNOLOGY PARK INSL 0 2020089784 L� B.M.P. ACCESS EASEMENT A PART OF THE RE -PLAT OF BLOCK 8 CARMEL SCIENCE AND TECHNOLOGY PARK, LOCATED IN THE CITY OF CARMEL, INDIANA, AS PER PLAT THEREOF RECORDED AS INSTRUMENT 9 2020089764 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING FROM THE SOUTHERN MOST CORNER OF BLOCK 8, THENCE NORTH 57 DEGREES 39 MINUTES 32 SECONDS EAST (PLAT BEARING) ON AND ALONG THE SOUTH LINE OF SAID BLOCK 433.91 FEET TO THE WEST RIGHT OF WAY LINE OF CARMEL DRIVE; THENCE NORTH 27 DEGREES 00 MINUTES 39 SECONDS WEST ALONG SAID RIGHT OF WAY 475.03 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF 595,00 FEET, BEING SUBTENDED BY A CHORD BEARING OF NORTH 29 DEGREES 36 MINUTES 27 SECONDS WEST AND A CHORD DISTANCE OF 53.91 FEET; THENCE AN ARC DISTANCE OF 53.93 FEET ALONG THE SAID CURVE AND RIGHT OF WAY TO THE POINT OF BEGINNING OF THIS DESCRIBED EASEMENT; THENCE SOUTH 56 DEGREES49 MINUTES 59 SECONDS WEST 31.59 FEET; THENCE NORTH 33 DEGREES 10 MINUTES O1 SECONDS WEST 20.00 FEET; THENCE NORTH 56 DEGREES 49 MINUTES 59 SECONDS EAST 31.59 FEET TO A NON -TANGENT CURVE TURNING TO THE RIGHT WITH A RADIUS OF 595.00 FEET, SUBTENDED BY A CHORD BEARING OF SOUTH 33 DEGREES 10 MINUTES 01 SECONDS EAST AND A CHORD DISTANCE OF 20.00 FEET BEING ON THE SAID RIGHT OF WAY; THENCE AN ARC DISTANCE 20.00 FEET ALONG SAID CURVE AND RIGHT OF WAY TO THE POINT OF BEGINNING OF THIS DESCRIBED EASEMENT, CONTAINING 632 SQUARE FEET MORE OR LESS. J*1 �•` rre 970f)<J13 STALE OF ATRRYD. IGHT, P INTT00013 11n r�t:r_r mc-11 100' ft. "1 AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMDER IN THIS DOCUMENT, UNLESS REOUIRED BY LAW." TERRY D. WRIGHT Farsr: o.e, HAMI LTO N o�os�?o7I DESIGNS B.M.P. ACCESS EASEMENT "—d2019-0021 A I WE0 OA31,1T1 CO,/2ANI asa•€Sir..•i.ulva�tolaa.ul�ccu.,Azr eeasxra+.: FDW t t a C�iee �I®:GO LAKESIDE APARTMENTS PHASE II c.c:.ceav � DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 n 9 RE —PLAT BLOCK 8 CARMEL SCIENCE & TECHNOLOGY PARK / • V, INST. q 2020089764 / F / y9 5% / / / /N 32.20'28'W 65.00' \ ,00�'•' B.M.P. ACCESS EASEMENT 1F" - A PART OF THE RE -PLAT OF BLOCK 8 CARMEL SCIENCE AND TECHNOLOGY PARK, LOCATED IN THE CITY OF CARMEL, INDIANA, AS PER PLAT THEREOF RECORDED AS INSTRUMENT # 2020089764 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHERN MOST CORNER OF BLOCK 8, THENCE NORTH 57 DEGREES 39 MINUTES 32 SECONDS EAST (PLAT HEARING) ON AND ALONG THE SOUTH LINE OF SAID BLOCK 100.60 FEET THE POINT OF BEGINNING OF THIS DESCRIBED EASEMENT, THENCE NORTH 32 DEGREES 20 MINUTES 28 SECONDS WEST 65.00 FEET; THENCE NORTH 57 DEGREES 39 MINUTES 32 SECONDS EAST AND PARALLEL WITH THE SAID SOUTH LINE 339.37 FEETTO THE WEST RIGHT OF WAY LINE OF CARMEL DRIVE: THENCE SOUTH 27 DEGREES 00 MINUTES 39 SECONDS EAST ON AND ALONG THE SAID RIGHT OF WAY LINE 6528 FEET TO THE SOUTH LINE OF SAID BLOCK; THENCE SOUTH 57 DEGREES 39 MINUTES 32 SECONDS WEST ON AND ALONG THE SAID SOUTH LINE 333.30 FEET TO THE POINT OF BEGINNING OF THIS DESCRIBED EASEMENT, CONTAINING 0.502 ACRES MORE OR LESS. HD Il ```N" ,, I Na 9700013 SIATE OF -- TERRY D. ICHT, r ! '/ y . •;;LrIAN;:•'+OQ��� rr�i1O F F.OM I INDIAN GISTRATI "I 9700013 S U R`I� ���, IFIl4���, I �`1�I i FL AFFIRM, UNDER THE PENALTIES FOR PERJURY. THAT HAVE TAKEN REASONABLE CARE TO REOACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW." TERRY O. WRIGHT H AM I LT O N I oroeno21 DESIGNS �:�„ r�:.�:.•� ,.. B,M.P, ACCESS EASEMENT 201,0071 LAKESIDE APARTMENTS PHASE II © row 10W 1.. _ 60