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HomeMy WebLinkAboutEASEMENTS-Grant of Perp. Stormwater Quality Mgmt. Easement - Atapco Carmel-Lakeside Apts. 1-202204122022018523 EASE $25.00 04/12/2022 10:28:01AM 8 PGS DocuSign Envelope ID:.5763FEDB-9E94-4233-F3E85-3F7r)2D281573 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 MANAGEMleNT EASEMENT This casenent (the "Easement") is by and between Atapco Carmel, Inc., (the "Grantor") and the City of Carmel, Indiana (tile "City"), by and through its Board of Public Works & Safety (the "Grantee") and shall have as its effective dale the later of the dale on which Grantor executes this Easement or the date on which Grantee executes this casement; W ITN ESSFTH 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 develop the Real Estate and, in connection with the construction, development and operation of the proposed access drive, 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 managemcnt (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 Inereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual casement on the terms and conditions that follow: Section 1. Easement Area. Tine 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 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 infrastrrlCILIM, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, i3MP_ hood & stiout, dry 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 (lie Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon tine Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (H) identifying and verifying compliance with the requirements of the Permit and tine Ordinances. Section 4. Maintenance and Repair. It shall be Grantor's obligation to maintain in proper working order aii(I 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 and the Ordinances. Section 5. Failure of Stor13I 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 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 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 panty 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. UseGrantor 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 Storer 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 Basement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. DocuSign Envelope ID; 5763FED(3-9F94-4233-BFB5-3F762D281573 Section 10. Authority. Tltc undersigned person executing this Pasenient Cor and on behalf of Grantor represents and warrants that lie or she has been duly authorized by Grantor to executc and deliver this Easement, and that all actions, votes, approvals and/or restrictions necessary to allow (lie execution and delivery of this Easement have been undertaken. g v s 'S f- w -�l Printed Name Date: 31612 r ,L STATE- OI 1��1� 1a� } )SS; COUNTY OF HA*ffE-tM ) Do t'b m Before me, a Notary Public in and for said County and State, personally appeared v1,{S` (, o*{ I , who acknowledged execution of the foregoing Easement for and on behalf of - r ,, `j-� Witness my hand and Notarial Seal this �j clay of _rn OV L41 , 20,2�� My C ntni 'onkxpires; �_ I LAA G� Notary Public Residing itipxl `` yY l County Printed Name DocuSign Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 CITY OF CAI2MEL, BOARD OF PIII3I.IC WORKS & SAFETY Not Present James Brainard, Mayor Date: �vo,CU�Siigned by /sooi+V44aryul Memberrke, ember Date: 4/6/2022 �oncusig—d by: �,AVt �at Saln, asoW, Arson0,-Member ors Date: 4/6/2022 ATTEST: oncusignea by: Egan Sue Wolfgang, Clerk Date: 4/6/2022 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 DocuSsgn Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 HOLLYJ. HARMEYER Notary Public, State of Indians STATE OF INDIANA ) z SEAL Hamilton County __+'• - + Commission Number NP0737982 )SS: M Commission Ex Eras / r"�4�, j AT1 � Y p' COUNTY OF HAMILTON ) "I'+iltll«` December 15, 2a2s 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 lay of 20 My Conic �issi n Exp' es: ?/ otary P li Residing in Hami 1 tan County Hol 1 y 3 Harmeye r Printed Name ,,Illl lllll ! STATE OF INDIANA ) ,�� P !iMEYER o ° D "" " ;ate of Indiana SE )SS: _� AI Countyr`'. ro+" :Iber NP0737982 COUNTY OF HAMILTON;sion Expires '''rnllnU��`\ -suer 15, 2029 Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Carinel, 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 _ 20-22 My Commission Expires: LN aWPubl' Residing in Hamilton Holly 3 Ha rmeye r County Printed Name ti�yl VI171!! M HARMEYERor �State of Indiana ;9rALr =n County mber NP0737982pIA�`sion Expiresr 15, 2Q29 DocuSign Envelope ID: 5763FED5-9E94-4233-BE85-3F762D281573 HOLLY j HIARMEYER Notary Public. State o1 Indiana P. ` Ham$ItOn County STATE OF lNI7IANA ) z sEal + Commiaslon Number NP0737B82 " My Commission Expires )SS: December 15. 2029 J��II111154�t�� COUNTY OF FIAiv1ILTON ) Before me, a Notary Public in and for said County and State, personally appeared Site 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 r� day f /.---- —2--0� 22 My Col vE�,�ryPublic Residing in Hamilton County Holly 3 Harmeyer ... Printed Nance 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 iaw -- Jon Oberlander, Esq. Prepared by: Jon Oberlander, Intcrim Corporation Counsel, One Civic Square, Carcrzel, IN 46032 Return to: Jeremy Kashnian, P.E., City Engineer, One Civic Square, Carmel, IN 46032 DocuS gn Envelope ID: 5763FED6-9E94-4233-BEB5-3F762D281573 S84'41'12'E 589'58'47'E 57.16' 74.15' NOO'01'13"E 38.35'� I - — 45'E 75. 75 31' N00"00'00" I/ 48.44' ��- 1 R=27.00 589'18'51"W 5= 45'50'04"\-97.36' L=21.60' N84'41'12"W =572'23'45'W 21.03 14.59' VARIABLE WIDTH B.M.P. DRAINAGE AND ACCESS EASEMENT RE -PUT BLOCK 8 CARWEL SCIENCE & TECHNOLOGY PARK INST. 1 2020059764 S89'18'51"W 503.71' 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 DO DEGREES 07 MINUTES 38 SECOND$ WEST (PLAT BEARING) ON AND ALONG THE SAID WEST LINE OF SAID BLOCK 470.00 FEET; THENCE SOUTH 89 DEGREES 18 MINUTES 51 SECONDS WEST ON AND ALONG THE SOUTH LINE OF SAID BLOCK 503.71 FEET THE POINT OF BEGINNING OF THIS DESCRIBED EASEMENT, THENCE CONTINUING SOUTH 89 DEGREES 18 MINUTES 51 SECONDS WEST 97.36 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 48.44 FEET; THENCE NORTH 84 DEGREES 41 MINUTES 12 SECONDS WEST 14.59 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF 27.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF SOUTH 72 DEGREES 23 MINUTES 45 SECONDS WEST AND A CHORD DISTANCE OF 21.03 FEET; THENCE AN ARC DISTANCE OF 21.60 FEET ALONG SAID CURVE; THENCE NORTH 00 DEGREES01 MINUTES 13 SECONDS EAST 38.35 FEET; THENCE SOUTH 84 DEGREES 41 MINUTES 12 SECONDS EAST 57.16 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 47 SECONDS EAST 74.15 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 45 SECONDS EAST 75.31 FEET TO THE POINT OF BEGINNING, CONTAINING 0,195 ACRES MORE OR LESS. C 0 0� 7 9700013 - - STATE OF TERR D. EGHT, S IN FrEf 1 INOIAN " EGISTRATI � 9700013 ��jy� SUR`%�![liT ?L. 111111110% "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." TERRY D. WRIGHT H AM I LTO N 10/08/2021 DESIGNS B.M.P., DRAINAGE AND ACCESS EASEMENT "2"0`0`190021 Ai::TEE) L'ABLf!Y CC%�PAt,' s^ �• ?O 5. ,.'.at ..:' E'1 3 ;r.._ORI?a•, t" - low LAKESIDE APARTMENTS PHASE II 1DW cxx.ta..a...a el.- Imo' DocuSign Envelope ID: 5763FED6-9E94-4233-BE85-3F762D281573 584'41 12 E S89'S6'47"E 57.16' 74.15, NOO'01'I 3"E 3835'� 1 S00'36'45'E 75.31 N00'00'00" _ . _ _ ,}_ - RE -:RUT SLo a CARLEL SGEN�t4ll,44' / ]03008950589'IB'S1'W ag- 503.71' R=27.00 S59'18'51WL=45'S0'04"N84'41'12'W —S72'23'45'W 21.03 14.59, VARIABLE WIDTH B.M.P., DRAINAGE AND 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 R 2020089764IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA AND BEING MORE PAR 11GULAHLY 131,5CRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHERNMOST CORNER OF BLOCK 8. THENCE NORTH 00 DEGREES 07 MINUTES 38 SECONDS WEST [PLAT BEARING) ON AND ALONG THE SAID WEST LINE OF SAID BLOCK 470.00 FEET; THENCE SOUTH 89 DEGREES 18 MIWUTFS yl SF,CONUS WF$YL' ON AND ALONG IFIIi SOUTH LINE OF SAID BLOCK 503.71 FEET THE POINT OF BEGINNING OF THIS DESCRIBED EASEMENT. THENCE CONTINUING SOUTH B9 DEGREES 18 MINUTES 51 SECONDS WEST 97.36 FEET; THENCE NORTH 00 DEGREES DO MINUTES 00 SECONDS WEST 48.44 FEET; THFNCE NORTH 04 DEGREES 41 MINUTE$ 1? SECONDS WEST 14..69 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF 27.00 FEET. BEING SUBTENDED BY A CHORD BEARING OF SOUTH 72 DEGREES 23 MINUTES 45 SECONDS WEST AND A CHORD DISTANCE OF 21.03 FEET; THENCE AN ARC DISTANCE OF 21,60 FEET ALONG SAID CURVE; THENCE NORTH DO DEGREES D1 MINUTES 13 SECONDS EAST 36.35 FEET; THENCE SOUTH 84 DEGREES 41 MINUTES 12 SECONDS EAST 57.16 FEET. THENCE SOUTH B9 DEGREES 58 MINUTES 47 SECONDS EAST 74.15 FEET; THENCE SOUTH GO DEGREES 38 MINUTES 45 SECONDS EAST 75.31 FEET TO THE POINT OF BEGINNING. CONTAINING 0.195 ACRES MORE OR LESS. 'fUI IIwR"C - No. r 9700013 .. ] STATE OF TLRR 0. IGIIT, G — ---- �i f'tiOFPNP INDIAN EGISTRATI p 9700013 i�,`O SU RV 11111i111�� "1 AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT 1 HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW." HAMILTON DiDB72G21 DESIGNS B.M.P., DRAINAGE AND ACCESS EASEMENT p;90021 LAKESIDE APARTMENTS PHASE 11 © o Tcw W