HomeMy WebLinkAboutEASEMENTS-Grant of Perp. Stormwater Quality Management Easement - Megan Pace-202307122023025865 EASE $25.00
07/12/2023 11:49:10AM 8 PGS
Trini Beaver
DotuSign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91 Hamilton County Recorder IN
Recorded as Presented
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Cross Reference to Deed: 2022-015333
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
1 APPgOVED
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This easement (the "Easement") is by and between the Megan Pace and Joshua Smiley,
(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;
WITNESSETII TIIAI":
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 huild a residence_with a rain garden on the Real Estate
and, in connection with the construction, development and operation of the private rain garden, the
City has approved or will approve a Storin Water Management Pennit (the "Pen -nit"); and,
WHEREAS, the City requires this Easement in order to verify and require compliance with
the terms and conditions of the Pennit 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 Exhibits "A" & "B" in two parts (the "Easement Area").
Section 2. Storin 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
infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration
basins, pipes, and structural and volt -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 Pertnit 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 Systern, 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: 495A47D3-C200-4C19-A756-77FFD2A53E91
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 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 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. 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.
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Printed Y me
Date: (V Id12 ,:�
STATE OF INDIANA )
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COUNTY OF HAMILTON )
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Printed Name
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Before me, q Notary Public in and for said County and State, personally appeared
VTw- ho acknowledg d execution of the foregoing Easement for and
on behalf of G, tLy:'ui�
Witness my hand and Notarial Seat this _ _ day of - , 20 ' .
My Commission Expires:_
-A�- tf Notary Public
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Residing in '�-``�County
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STATE OF INDIANA }
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COUNTY OF HAMILTON )
Printed Name
`ppnuu+ii ter.. `
,,.tiPRv p`° _ REBECCA MUELL
z;'' r _Notary Puhlic, State of lndaa
*;��AL; ?Commission Num
n..o+ra�+�,� y Commission Expires
January 25, 2026
r Befor me, a Notary Public in and for said County and State, personally appeared
' who acknowledged execution of the foregoing Easement for and
on behalf of
Witness my hand and Notarial Seal this day of
My om issionF.x Tres:
Notary Public
Residing ii5 County f�l {' c ��� •� (,
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Name
``�pillilrryr REf3ECCA MUELI-E
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State of Indiana
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DocuSign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
G. u%gnedny:
Janes ralfiard, Mayor
Date: 7/5/2023
FA Docu819neE dy;
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Mary Ann Burke, Member
Date: 7/5/2023
�ClocuSlpned 6y:
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LorJ" aison, Member
Date: 7/5/2023
ATTEST:
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Sue Wol gang, Clerk
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7/5/2023
Date:
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NOTARY
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STATE OF 1NDIANA )
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COUNTY OF HAMILTONOF
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 5 day of , 2002.S
My C nm fission Expires:
Nota ublic
Residing in County Jess 1 co, ip
Printed Name
DocuSign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91
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COUNTY OF HAMII TON )
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
My Coma fission Expires:
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Residing in A':; 11F, County
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
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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 541-1 day of J 20 0�.3
My Co emission Expires:
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Residing in 4-k)rt County
Notar ublic
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DocuSign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
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 Sea] this r day of 20_,
My Co nmission Expires:
Residing it4fl-byx County
Notary )�'r',blic I I
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Printed Name
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Pursuant to IC 36-2-11-15(b)(2)1 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: .Ion 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: 495A47D3 C200-4C19-A756-77FFD2A53E91
B.M.P. Easement Exhibit A
10534 1 lussey Lane, Caravel, IN 46032
EASEMENT DESCRIPTION
A pact of the West Half of the Northeast Quarter of Section 10, Township 17 North, Range 03 East of the Second
Principal Meridian, Clay Township, Hamilton Count),, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Half -Quarter Section; thence South 00 degrees 21 minutes 31 seconds
West, along the East line of said Half -Quarter Section, a distance of 939.40 feet to the Northeast corner of the land
described in Instrument Number 2.02.2015333 in the Office of the Recorder of Hamilton County, Itldiana; thence South
89 degrees 58 minutes 22 seconds West, along the North line of said land, a distance of 41.85 feet; thence South 00
degrees 59 minutes 55 seconds West, a distance of 37.34 feet; thence South 02 degrees 02 minutes 37 seconds West, a
distance of 32.85 feet to (lie POINT OF BEGINNING of this description; thence continuing along said line South 02
degrees 02 minutes 37 seconds West, a distance of 1 L72 feet; thence South 00 degrees 23 minutes 52 seconds East, a
distance of 18.56 feet; thence South 00 degrees 58 minutes 41 seconds West, a distance of43.12 fee(; thence South 02
degrees 50 minutes 20 seconds East, a distance of 0.99 feet to a point on a non -tangent curve concave northwesterly,
the radius point of which bears North 88 degrees 07 minutes 32 seconds West, a distance of 23.00 feet from said point;
thence southwesterly along said curve, an arc length of 31.56 feet to a point on said curve, said point being South 09
degrees 30 minutes 38 seconds East, a distance of23.00 feet from the radius point of said curve, said point also being
the point of compound curvature of a curve concave northerly, the radius point of which bears North 09 degrees 30
minutes 38 seconds West, a distance of 05.00 feet from said point; thence westerly along said curve, an are length of
52.35 feel to a point on said curve, said point being South 36 degrees 38 minutes 14 seconds West, a distance of 65.00
feet from the radius point of said curve, said point also being the point of compound curvature of a curve concave
northeasterly, the radius point of which bears North 36 degrees 38 minutes 14 seconds East, a distance of 23.00 feet
from said point; thence northwesterly along said curve, an are length of 23.12 feet to a point on said curve, said point
being North 85 degrees 46 minutes 43 seconds West, a distance of 23.00 feel from the radius point of said curve, said
point also being the point of compound curvature of a curve concave easterly, the radius point of which bears South 85
degrees 46 minutes 43 seconds East, a distance of 95.00 feet from said point; thence northerly along said curve, an are
length of 51.01 feet to a point on said curve, said point being North 55 degrees 00 minutes 59 seconds West, a distance
of 95.00 feet from the radius point of said curve; thence North 34 degrees 59 minutes 01 seconds East, a distance of
2535 leet to a point on a curve concave southerly, the radius point of which hears South 55 degrees 00 minutes 59
seconds East, a distance of 27.54 feet from said point; thence easterly along said curve, an are length of 57.55 feet to a
point on said curve, said point being North 64 degrees 43 minutes 32 seconds East, a distance of 27.54 feet from the
radius point of said curve to the Point of Beginning, Containing 0.162 acres, more or less.
THIS DRANK ING IS NOT INTENDED TO BE REPRESENTED AS
A RE I RACEMEN I OR ORIGINAL BOUNDARY SURVEY, A
ROUTE. SURVEY OR A SURVEYOR LOCATION REPORT.
Bruce E. Strack
Registered [.and Surveyor
Indiana No, 20200057
Certified: May 16, 2023
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DATE DRAWN. 05116/2023
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FIELDWORK DATE:
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Docu Sign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91
B.M_P_ Easement Exhibit B
10534 Hussey bane, C'arn-], IN 46n32
GRAPHIC SCALE
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