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HomeMy WebLinkAboutRecorded Water Quality Easement - Megan Pace Joshua SmileyFDS OocuSign Envelope ID: 495A471)3-C200-4C19-A756-77FFp2A53E91 2023025328 EASE $25.00 07/07/2023 03:52:0013M 6 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II II IIII I III II Cross Reference to Prior Deed of Record: Instrument No. 2022-015333, in the Hamilton County, Indiana Recorder's Office WATER QUALITY PRESERVATION EASEMENT ,aap? n 9y Jnrr OL tan Jer a19:3? rn, Jun Yfi, POy3 This easement (the "Easement") is by and between 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; RECITALS A. Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above abutting or containing a stream (the "Grantor Parcel") located in Hamilton County, Indiana. B. Per City of Carmel Unified Development Ordinance, Section 7.10(F) Easement Standards, Water Quality Preservation Easements, as may be amended from time to time, Grantor is required to establish a Water Quality Preservation Easement (the "Easement") in favor of the City, in connection with Grantor's creation of additional floodplain storage and to encompass the 1% chance (100 year) floodplain (the "Project"). The required Easement is over a portion of the Grantor Parcel (herein referred to as the "Easement Area"), and is more particularly described and depicted as follows: See Exhibits A & B attached hereto and incorporated herein by this reference. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grants of easements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: I . Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive, perpetual easement over, under, through, across and upon the Easement Area for the purpose of water duality preservation in and around a natural stream contained on the Grantor Parcel (the "Easement"). 2. Grantor Obli,ations. This Easement is hereby designated and restricted as a "no - build," "no -disturb" zone, and no nnan-made structures, changes in grade, plant material installation, or hardscape features shall be constructed or placed on or in the Easement Area. excluding plant naterial permitted by the Department of Co nmunity Services Director or his/her designee. Turf grass shall not be planted or maintained in this Easement, nor shall fertilizer, herbicide or insecticide of any type be applied. Native plants shall be maintained. Up to ten percent (10%) of the entire boundary with the stream may be managed such that access can be gained to the water's edge. However, no man-made materials, gravel, sand, or turf grass shall be used to provide that access. Stepping stones, or mowed/trimmed native grasses may be used when approved by the Department of Community Services Director or his/her designee. Grantor shall DocuSign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91 make adequate provision for the proper drainage of surface water over and across Easement Area and surrounding area. The Grantor shall further comply with all applicable federal, state, and local water quality preservation and environmental requirements, rules and regulations. 3. Maintenance and Restoration of Easement Area. Subject to the terms described in Paragraph 2 herein, during and after construction, Grantor or its successors, heirs or assigns, including an}, established Homeowners Associations or similar entities, shall restore the Easement Area, to the extent practicable, to the condition as existed prior to the commencement of the Project, or maintenance, repair, or replacement thereto. In the event the Grantee, its employees, or contractors are required to come upon the real estate contained in the Easement Area to replace, restore, or clear any damage, deterioration, debris or other obstacles contained therein, the Grantee shall only be liable to restore the Grantor's real estate to its previous grade, and to reseed and undertake erosion control measures as are required by 327 IAC 15-5, as amended. Grantor shall allow access to the Easement Area and surrounding area for any required maintenance, repair, replacement, service and updates. 4. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the right to use the Easement Area for any and all purposes and uses not inconsistent with the foregoing Easement and/or Grantee's rights and privileges thereunder. 5. Easement and Covenants Appurtenant. The Easement granted, established and made herein, together with the benefits and privileges thereof, shall run with the Grantor Parcel and inul•e to the benefit of Grantee and its grantees, successors and assigns. The Easement granted, established and made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Easement Area and the Grantor Parcel, as applicable, shall run with the Easement Area and the Grantor Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may further exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and reasonable attorneys' fees). 6. Environmental Matters. The Grantor covenants and represents that to the best of its knowledge, information and belief, that the Grantor Parcel is not presently the subject of, not - under the threat of, any federal, state or local environmentally related lien, proceeding, claim, liability or action. The Grantor agrees that, as between the Grantor and the Grantee, the acceptance of this Agreement by the Grantee shall not increase the liability of the Grantee for environmentally related claims arising from or related to conditions on the Grantor Parcel prior to the acceptance of this Agreement. 2 DocuSign Envelope ID: 495A47133-C2004C19-A756-77FFD2A53E91 7. Jurisdiction. The Grantor and the Grantc or arising from this Agreement shall be filed with a court of Indiana. agree that any litigation associated with f competent jurisdiction within the State S. Other Obligations. The Grantor agrees that this Agreement shall not transfer to the Grantee any past, present or future obligation(s) of the Grantor to be responsible for, or to pay, any tax, assessment, or fee whatsoever that is associated with r related to the Grantor Parcel. 9. Amendment. The Grantor and the Grantee agree that this Agreement shall only be modified or released by the express, written consent of t oth the Grantor and the Grantee. Said consent, when duly recorded, shall run with the real estate . 10. Com late Understandin . The Grantor an the Grantee agree that this Agreement, and the documents incorporated herein, represent the en ire understanding between the Grantor and the Grantee as regards the subject matter hereof. 11. Governing Law. This Agreement shal be governed by, and construed in accordance with, the laws of the State of Indiana, except r its conflict of laws provisions. IN WITNESS WHEREOF, Grantor and Grantee date first written above. GRANTOR By: ++ �.� BY Printed: �"qce-' Print( Title: 1/1 —qTitle: STATE OF INDIANA ) SS: COUNTY OF HAMILTON) Before me, the undersigned NOTARY PUBLIC, in nd f: and — ruth 4Ad abduracy of the representations made herein and Witness my hand and Notarial Sea] M��omn,,ss�,onNo�,IExpiplion: !— J n MMA of R s'dence: Pri GRANTEE executed this Agreement as of the Public REBECCA MUELLER �b,lP,, ..Lb . o Notary Public, State of Indiana `tSEAI;`Commisson Number 0709747 'p My Commission ExP +r®S A +non January 25, 2026 and State, personally appeared acknowledged the of the foregoing Agreement. 20 DocuSign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY FD.-ftned ": am, Iu James I §"rua"ilnlard, Mayor Date: 7/5/2023 ynBurke, Member Date: 7/5/2023 1a,� br: mr�wason, Member Date: 7/5/2023 ATTEST: /�Oacu BlQmtl b,: Stic Wolfgang, Clerk Date: 7/5/2023 STATE OF INDIANA SS: COUNTY OF,-- ) `��jkIIIIII)III,// \`\\�`�c s\CA sD. koll,,,. �. ,�C;. �,m on • �A• .: G° fjcy-a4-2a,?Ftp NOTABY '• PUBLIC :3 SEAL _ ao ron Coy o^ o Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by tile known to be the Members of the City of Carmel Board of Public Works and Safety, and SUE WOLFGANG, Clerk of THE CITY OF CARMEL, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20 My commission expires: FJ y ajpm Itubli1c am a resident ANW- County, Indiana s Printed Name This instrument was prepared by Sergey Grechukhin, Transactions Chief, City Hall, One Civic Square, Carmel, Indiana 46032 I aftinn, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number in this document, unless it is required by law. Sergey Grechukhin 4 DocuSign Envelope ID: 495A47D3-C200-4C19-A756-77FFD2A53E91 Water Quality Easement Exhibit A 10534 Hussey Lane, Cannel, 1N 46032 EA SEM FNTDESCRIPTION A part 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 County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of said Flatf-Quarter Section; thence South 00 degrees 21 minutes 31 seconds West, along the East line of said Half-Quaner Section, a distance of 1167,30 feet to the POINT OF BEGINNING of this description; thence continuing along said line South 00 degrees 21 minutes 31 seconds West, a distance of 10.07 feet to the Southeast corner of the land described in Instrument Number 2022015333 in the Office of the Recorder of Hamilton County, Indiana; thence with the lines of said land the following 9 courses and distances: 1) North 79 degrees 19 minutes 02 seconds West, a distance of 52.47 feet; 2) thence South 79 degrees 30 minutes 50 seconds West, a distance of 39.43 feet; 3) thence North 65 degrees 07 minutes 55 seconds West, a distance of 122,19 feet; 4) thence South 89 degrees 49 minutes 28 seconds West, a distance of 155.24 feet; 5) thence South 32 degrees 19 minutes 38 seconds West, a distance of 24,80 feet; 6) thence North 44 degrees 52 minutes 10 seconds West, a distance of 52.12 feet; 7) thence North 83 degrees 42 minutes 59 seconds West, a distance of 43.33 feet; 8) thence North 00 degrees 21 minutes 3I seconds East, a distance of 163.57 feet; 9) thence North 89 degrees 58 minutes 22 seconds Fast, a distance of 124.29 feet; thence South 00 degrees 01 minute 38 seconds Fast, a distance of 20.00 feel; thence South 89 degrees 58 minutes 22 seconds West, a distance of 32.21 feet; thence South 49 degrees 45 minutes 50 seconds West, a distance of 4.63 feet; thence South 00 degrees 21 minutes 31 seconds West, a distance of 62.30 feet; thence South 41 degrees 26 minutes 34 seconds East, a distance of 10.22 feet to a point on a non -tangent curve concave northeasterly, the radius point of which bears South 87 degrees 37 minutes 51 seconds Fast, a distance of 14.23 feet from said point; thence southeasterly along said curve, an are length of 22.7I feet to a point on said curve, said point being South 00 degrees 58 minutes 31 seconds West, a distance of 14 23 feet from the radius point of said curve, thence South 88 degrees 10 minutes 12 seconds East, a distance of67,72 feet; thence South 65 degrees 07 minutes 22 seconds East, a distance of 14.30 feet; thence South 42 degrees 02 minutes 24 seconds East, a distance of9.46 feet; thence South 33 degrees 05 minutes 55 seconds West, a distance of 3.49 feet; thence South 75 degrees 42 minutes 53 seconds Fast, a distance of 11.23 feet, thence North 85 degrees 57 minutes 19 seconds East, a distance of27.65 feet; thence South 84 degrees 07 minutes 44 seconds East, a distance of 37.37 feet; thence South 49 degrees 41 minutes 19 seconds East, a distance of 26.07 feet; thence South 63 degrees 59 minutes 34 seconds Fast, a distance of 11,77 feet; thence South 30 degrees 46 minutes 01 seconds Fast, a distance of 30,59 feet; thence South 84 degrees 54 minutes 51 seconds East, a distance of 22.99 feet to a point on a non -tangent curve concave northerly, the radius point of which bears North 34 degrees DE minute 19 seconds East, a distance of 55.21 feet from said point; thence easterly along said curve, an are length of 4594 feet to a point on said curve, said point being South 13 degrees 39 minutes 18 seconds Fast, a distance of 55.21 feet frorn the radius point of said curve; thence North 76 degrees 20 minutes 42 seconds East, a distance of 15.36 feet, thence South 44 degrees 53 minutes 56 seconds East, a distance of 12.13 feet; thence South 33 degrees 27 minutes 22 seconds Last, a distance of 29.96 feet; thence South 09 degrees 09 minutes 49 seconds East, a distance of 4,30 feet; thence South 50 degrees 53 minutes 47 seconds East, a distance of 8.30 feet; thence South 88 degrees 02 minutes 34 seconds East, a distance of IT51 feet; thence North 51 degrees 11 minutes 47 seconds Fast, a distance of 1 77 feet to the Point of Beginning, Containing 0.824 acres, more or less_ E . Sr /�G1STEpFo �f �INVO.zvzvvvs7 Bruce 1 . Slrack STATE OF Registered Land Surveyor �4NpIA14Indiana No. 20200057P THIS DRAWING IS NOT INTENDED TO BE Cf tilted: May 16, 023 /,/�� �lf�! Ry 01 REPRESENTED AS A REI RACF;MENT OR ORIGINAL BOUNDARY SURVEY, A ROLITF SURVEY OR A SURVEYOR LOCATION REPORT JOB NO. 95006STL PAGE - DRAWN BY JAB �� 4 A L W A Y S' O N 1 CHECKED BY. DES DAIF DRAWN O5t1612023 7965E0100Streei, NN%IN 4603B-2505 1 phone.317.849.5935 tux, 3I7.MM42 F1ELDtVORX DATE OF 2 SHEETS DocuSign Envelope ID: 495A47D3-C200-4C1g-A756-77FFD2A53E91 Water Quality Easement Exhibit B 10534 1-I115sey Lane, Carmel, IN 46032 GRAPHIC SCALE NEC- W :/2, NE IA4 Se:. 10T17N-R03E 7O' 0 35' 70' ( IN FEET ) 1" = 70 PT N89'58'22"E 124.29' 0 m S49A5'5Y'1A' 4.63' " S00`21'3 1' N' 62.30' 3 S4 ['26"34'E 10 22' S42'02'24"H 9-46' — S88`10'12"E: 67,72' 533"OS'S5"W 3.49' LR 7 0.824 Ac.i SS-0'07'44"E L-2271', R-14.23' S 65"07'22"I 14.30' 37.3, S63'59'34"E 1177' A-N'2Y37" S75°42'53"E 11.23'- 584=54'41122.99' N85"57'19"L 27.65'—' N76'20'42"E 15. 6' N83'42'59"W'43.33' S49"41'191E 26.07'-- y S33'2`2 "E - 49 OV46'01"F30 S50' 3o4 589°49'28"W S24' 1 I� pnq h,•6t.0j N44'52'10"W 52. 12' S32'19'38"W 24.80' l _47'40'37" 12.13' c S7Y'30'50'14' 31J 13 v N79`19'U2"W' 92.47' SBB'02'34"F 17 51' N51`11'47"L 1 77' E 4.30' 7'E 8.30' 111�1IIS / 7 1, `\\NSJG Bruce F. Straek No. 20200057 STATE ©r Registered Land Surveyor Indiana No.20200057 yND]AN�' THIS DRAWING IS NOT INTENDED TO BE Certified: May 16, 2023 REPRESENTED AS A RI�:TRA( 'E41FN-I OR ORIGINAL BOUNDARY SUM EY, A ROUTE SURVLY OR A SURVEYOR LOC'.A"I'[ON RFPUNT. Illlllllltit\\\Y\` ]OD NO. 9NX)6S TL PAOF 5 T O E P P E L W E R T H A L W A Y 5 07 w DRAWNBY f,1f3 C131 CKED BY 11TS 7965 Eot1106tM1 51rtet, Fl11en, IN 4667A-2505 DATE ❑RAW^1 OS%IG'2023 ph— 317.80.5935 hm 317.9495942 FIFLD'A ORK D•ATF: OF 2 SHEETS