HomeMy WebLinkAboutPerpetual Stormwater Qlty Mgmt Easment - 4160 E 96th StDocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
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JANIES BRAINARD. MAYOR
June 13, 2023
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- 4160 E 96TH ST. —
AT&T
Dear Board Members:
AT&T has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement
associated with construction of a new maintenance facility located at 4160 E 96t" Street.
Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents.
The Department of Engineering has reviewed the attached forms and found them sufficient for Board
signatures.
Sincerely,
;��; e7c:::�w
emy Kashman, P.E.
City Engineer
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DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement") is by and between Indiana Bell Telephone Company,
Incorporated, an Indiana corporation, (the "Grantor") and the City of Carmel, Indiana (the
"City"), by and through its Board of Public Works & Safety (the "Grantee"), having an address
of 1 Civic Square, Carmel, IN 46032, 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 described in "Exhibit A" (the "Real
Estate");
WHEREAS, Grantor intends to construct a drainage system on the Real Estate and, in
connection with the construction, development and operation of the Grantor's facilities located
4160 E 961' Street, Carmel, Indiana, the City has approved or will approve a Storm Water
Management Permit dated December 16, 2020 (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 "B" in two parts (the "Easement Area").
Section 2. Storm Water duality Svstem. 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 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.
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
Section 4. Maintenance_ add_ 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
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 S ,stem. 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. Reimburs�w,cin of Expenses and Enforcement. Grantor shall reimburse Grantee for
reasonable out of pocket 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 (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.
Section 10. Authori1y. 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.
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
Section 11. Notice. All notices, demands, requests, consents, approvals, and other
communications (collectively, "Notices") required or permitted to be given hereunder must be in
writing, and must be given or made by mail to the following:
To Grantor:
AT&T Services, Inc.
ATTN: Sean Chevalier
240 N Meridian St
Indianapolis, IN 46204
With a copy to:
AT&T Services, Inc.
Corporate Real Estate
200 West Adams Street, 91h Floor
Chicago, IL 60606
Attn: PM&T - Indiana
To Grantee:
City of Carmel
Attn: John Thomas
1 Civic Square
Carmel, IN 46032
[SIGNATURES TO FOLLOW]
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
as
IN WITNESS WHEREOF, the said Grantor has executed this instrument this day of
Ha �i 52023.
INDIANA BELL TELEPHONE COMPANY, INCORPORATED,
AN INDIANA CORPORATION
BY
Print Name: Michael Turner
Title: Authorized Si nato
Date: /-a pa a
GRANTOR ACKNOWLEDGEMENT
STATE OF GEORGIA
SS.
COUNTY OF
This instrument was acknowledged before me this 2A day of L� _, 2023, by
Michael Turner, Authorized Signatory of Indiana Bell Telephone Coinpany, Incorporated, an
Indiana corporation, on behalf of the corporation.
Personally Known
Produced Identification
Type and # of IW 5-5T1
MEL; ►� i r
(Name of Notary Typed, Stamped, or Printed)
Notary Public, State of Georgia
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
IN WITNESS WHEREOF, the said Grantee has executed this instrument this 21 day of
J u n e , 2023.
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
- - Docuftned by:
— 972 218D6431... -
James�ramard, Mayor
Date: 6/21/202 3
Dmuftned by:
Mary Ann Burke
Date: 6/21/2023
E DocuSigned
by:
am
pvi �a�SeN,
Lori atson_.
Date: 6/21/202 3
ATTEST:
Dmuffign�d by:
Sue Wrung, Clerk
Date: 6/21/202 3
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
STATE OF INDIANA
COUNTY OF HAMILTON
)
)SS:
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
My Commission Expires:
5 jy
Residing in County
STATE OF INDIANA
COUNTY OF HAMILTON
5t day of uri-e , 20,� 3
0.— DLP—
Notary ublic
JESSICA
Printed Name
fission
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SEAS- � a:
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Before me, a Notary Public in and for said County and SW8," 'dsonally 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.
)
)SS:
Witness my hand and Notarial Seal this C
My Co ission Expires:
Residing in -AL 140h. County
►� . 6 vw
Printed Name
, 20 0.2
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, 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: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
EXHIBIT A (PAGE 1 OF _)
DESCRIPTION OF REAL ESTATE
The following described real estate, granted to Indiana Bell Telephone Company, Inc. by both
Fred Bauer on August 28, 1974 by Warranty Deed recorded in Book 276, Page 253 as Document
#7608 and by Marie Bauer on August 31, 1974 by Release and Quit Claim recorded in Book
276, page 334 as Document #7793, in Hamilton County, in the State of Indiana:
Part of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in Hamilton
County, Indiana, more particularly described as follows: Beginning at the Southeast comer of
the Southwest Quarter of Section 8, Township 17 North, Range 4 East; thence South 90 degrees
00 minutes 00 seconds West (assumed bearing) on and along the South line of said Southwest
Quarter 350.00 feet; thence North 00 degrees 10 minutes 48 seconds West parallel with the East
line of said Southwest Quarter 750.00 feet; thence North 90 degrees 00 minutes 00 seconds East
parallel with said South line 350 feet to the East line of said Southwest Quarter; thence South 00
degrees 10 minutes 48 seconds East on and along said East line 750.00 feet to the place of
beginning, containing 6.03 acres, more or less.
Also: Part of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in Hamilton
County, Indiana, more particularly described as follows: Beginning at a point on the South line
of the Southwest Quarter of Section 8, Township 17 North, Range 4 East 350.00 feet South 90
degrees 00 minutes 00 seconds West (assumed bearing) from the Southeast corner thereof;
thence South 90 degrees 00 minutes, 00 seconds West on and along said South line 20.00 feet;
thence North 00 degrees 10 minutes 48 seconds West parallel with the East line of said
Southwest Quarter 750.00 feet; thence North 90 degrees 00 minutes 00 seconds East parallel
with said South line 20 feet; thence South 00 degrees 10 minutes 48 seconds East parallel with
said East line 750.00 feet to the place of beginning, containing 0.34 acre, more or less; and
Less and except the following lands sold by Indiana Bell Telephone Company, to Wood
Mortgage R.E., LLC described below and recorded on November 11, 2004 as Document
Number 200400076891 in Hamilton County, Indiana:
Part of the Southwest Quarter of Section 8, Township 17, North, Range 4 East of the Second
Principle Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the Southwest Quarter of said Section 8; thence, South
90 degrees 00 minutes 00 seconds West along the South line of said Southwest Quarter a
distance of 370.00 feet; thence, North 00 degrees 10 minutes 48 seconds West parallel with the
East line of said Southwest Quarter a distance of 750.00 feet to the Point of Beginning; thence,
North 90 degrees 00 minutes 00 seconds East parallel with the South line of said Southwest
Quarter a distance of 370.00 feet to the East line of said Southwest Quarter; thence, South 00
degrees 10 minutes 48 seconds East along said East line a distance of 72.00 feet; thence, South
90 degrees 00 minutes 00 seconds West parallel with the South line of said Southwest Quarter a
distance of 370.00 feet; thence, North 00 degrees 00 minutes 00 seconds East parallel with the
East line of said Southwest Quarter a distance of 72.00 feet to the Point of Beginning, containing
0.612 acres, more or less.
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
EXHIBIT A (PAGE 2 OF 2)
DESCRIPTION OF REAL ESTATE
Also less and except the following lands sold by Indiana Bell Telephone Company, Incorporated,
to the City of Carmel Indiana described below and as shown on the attached Exhibit "C" Right
of Way Parcel Plat prepared on 1/16/2017 by CHA Consulting, Inc. for the City of Carmel Board
of Commissioners and recorded on October 24, 2018 as Document Number 2018050250 in
Hamilton County, Indiana:
A part of the Southwest Quarter of Section 8, Township 17 North, Range 4 East, Hamilton
County, Indiana, and being that part of the grantor's land lying within the right of way lines
depicted on the attached Right of Way Parcel Plat, marked Exhibit "B", described as follows:
Commencing at the southeast corner of said quarter section; thence North 89 degrees 30 minutes
17 seconds West 370.00 feet along the south line of said quarter section to the southwest corner
of said grantor's land designated as point "10" on said plat; thence North 00 degrees 26 minutes
36 seconds East 74.04 feet along the west line of said grantor's land to the north boundary of 96`h
Street and the point of beginning of this description designated as point "172" on said plat;
thence continuing North 00 degrees 26 minutes 36 seconds East 40.96 feet along said line to
point "72" on said plat; thence South 89 degrees 30 minutes 17 seconds East 72.66 feet to point
"67" on said plat; thence South 64 degrees 09 minutes 30 seconds East 105.12 feet to said
boundary designated point "68" on said plat; thence North 89 degrees 31 minutes 04 seconds
West 86.45 feet along said boundary to the point "173" on said plat; thence North 86 degrees 38
minutes 33 seconds West 81.28 feet along said boundary to the point of beginning and
containing 0.120 acres, more or less.
Hamilton County, Indiana
Tax Parcel No.: 16-14-08-00-00-019.000
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
EXHIBIT B (PAGE I OF 2)
Part of the Southwest Quarter of Section 8, Township 17 North, Range 4 East of the Second
Principal Meridian, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of said Section 8; thence North
89 degrees 30 minutes 17 seconds West (assumed basis of bearings) 299.73 feet along the south
line of said Southwest Quarter; thence North 00 degrees 29 minutes 43 seconds East 115.16 feet
to a point on the north right-of-way of 96' Street, said point being the point of beginning of this
description; thence North 89 degrees 37 minutes 58 seconds West 29.83 feet along said right-of-
way; thence North 48 degrees 15 minutes 27 seconds East 46.45 feet; thence South 89 degrees
25 minutes 44 seconds East 148.27 feet; thence North 00 degrees 00 minutes 00 seconds East
243.60 feet; thence North 70 degrees 27 minutes 06 seconds West 23.75 feet; thence North 19
degrees 32 minutes 54 seconds East 20.00 feet; thence South 70 degrees 27 minutes 06 seconds
East 16.65 feet; thence North 00 degrees 00 minutes 00 seconds East 153.91 feet; thence North
90 degrees 00 minutes 00 seconds East 102.70 feet; thence South 00 degrees 00 minutes 00
seconds East 93.34 feet; thence North 90 degrees 00 minutes 00 seconds West 20.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 73.34 feet; thence North 90 degrees 00 minutes 00
seconds West 62.70 feet; thence South 00 degrees 00 minutes 00 seconds East 127.12 feet;
thence North 90 degrees 00 minutes 00 seconds East 94.63 feet; thence South 00 degrees 00
minutes 00 seconds East 69.81 feet; thence North 90 degrees 00 minutes 00 seconds East 27.18
feet; thence South 00 degrees 00 minutes 00 seconds East 30.00 feet; thence North 90 degrees 00
minutes 00 seconds West 27.18 feet; thence South 00 degrees 00 minutes 00 seconds East 64.06
feet; thence North 90 degrees 00 minutes 00 seconds West 94.63 feet; thence South 00 degrees
00 minutes 00 seconds East 127.93 feet; thence North 89 degrees 25 minutes 44 seconds West
160.73 feet; thence South 48 degrees 15 minutes 27 seconds West 16.58 feet to the point of
beginning, containing 0.732 acres, more or less.
DocuSign Envelope ID: CEFE5496-6DF4-4883-B29B-BA4996E2D8A3
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EXHIBIT B (PAGE 2 OF 2)
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