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Home My WebLink AboutEASEMENTS-Grant of Perpetual Storm Water Quality Mgmt. Easement - 1701 E. 116th St - S-Mart Real Estate-20230817DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF A A -J�-"! FDS C IT MEL JANH---, BRAIN.- RI), MA) (M 2023031529 EASE $25.00 08/17/2023 02:38:47PM 9 PGS Trini Beaver July 25, 2023 Hamilton County Recorder IN Board of Public Works and Safety Recorded as Presented One Civic Square II II II II II II 11111111111111111111 IN IN Carmel, Indiana 46032 RE. GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- 1701 E 116"' STREET Dear Board Members: The property owners of 1701 E 116th Street have requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction of a new private residence. 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, JS;eaan, P.E. City Engineer 2 1 1 1 - i- I DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF Cross Reference to Deed: 2017061420, 2023018923, 2023018924 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the S-Mart Real Estate, Inc_, (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; WITNESSETH 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 install underground water retention on the Real Estate and, in connection with the construction, development and operation of the private storm water retention system, the City has approved or will approve a Storm Water Management Permit (the "Pen -nit"); 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 Exhibits "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 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. 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: A783BF4D-1315-40FE-B644-39D2680629DF 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 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. DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF 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. S-MART REAL ESATE, INC. By: — Warre ohnson, Vice President Date: STATE OF INDIANA ) =OnpYbVe`� �} Steven P Everling, Notary Public Madison County, )SS: t State of Indiana *\5�x COUNTY OF 14AMILTON ) iA'Dl!i:MP Commission No: NP0728428 MY Commission Expires 08/27/2028 Before me, a Notary Public in and for said County and State, personally appeared Warren K. Johnson, who acknowledged execution of the foregoing Easement for and on behalf of S-Mart Real Estate, Inc. Witness my hand and Notarial Sea] this 29`h My Commission Ex res: Q)s - 3 7 2c72 Residing inCounty DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: Do��sio�ea by: arzeer iaoeq.. i... James �3ralnard, Mayor Date: 8/16/2023 Doo�sio��a br : Leeereeeeeeee+ea... Mary Ann Burke, Member Date: 8/16/2023 LDo 111"ea by: thn wduw Lor6 atson, Member Date: 8/16/2023 ED.. Sig -by: �— WoWr-o Sue oiigang; Clerk 8/16/2023 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 - Witness my hand and Notarial Seal this lw` day of 20 a 3 My Commission Expires: Lco- tt&-A-jg Not 1,rPublic � I Residing i County 6S iC a )\DY11 D `\ �S\C,p, D �K0 Printed Name 7.• 0 5.04-20,, Q. • S V o _= c� NOTARY PUBLIC SEAL p 7 o -:rs iron G r'a.•�Q OF INS rrrrr�inin��a�� DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 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 Commission Expires: 4Da-&A �A 1 01-0-31 Residing in " Itfi ` County day of Notary blic KJ c )e sica--a>. p Prin ed Name -04-2 p3�+n NOTARY = STATE OF INDIANA ) = PUBLIC SEAL _ )SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said"Cb'dm\y 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 1 (0 q111 day of , 20-.3 M Commission Expires: �� (1 Notar0 ublic Residing in` K �+6y�County C )ens 1 C a- �<e m� Printed Name ��JS- ��53iOr, f• 'A �i NOTARY Jct PUBLIC SEAL DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, 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 t day of 20 13 My Commission Ex,�T`res: oZO �l Notary P blic Residing ih County VesS ► C o- ---3> . kon=p Printed Name NOTARY cn PUBLIC = SEAL mi ito� C aQ P�� 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: A783BF4D-1315-40FE-6644-39D2680629DF L"Tow C:\than\EdwardJ\appdto\kwl\t.mp\A P,Wi. —2lb24\w220335 En+amwnr —nw d g BMP EASEMENT DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER SECTION, THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST (NORTH AMERICAN DATUM OF 1983, INDIANA EAST ZONE) ALONG THE NORTH LINE THEREOF A DISTANCE OF 210.00 FEET; THENCE SOUTH 00 DEGREES 45 MINUTES 15 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 45.01 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 116TH STREET AS ESTABLISHED BY DEED RECORD 321, PAGE 52 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 1S.84 FEET, THENCE SOUTH 17 DEGREES 20 MINUTES 02 SECONDS EAST 95.39 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST 15.00 FEET,- THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST 23.53 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST 111.59 FEET, • THENCE NORTH 45 DEGREES 00 MINUTES OO SECONDS WEST 16.90 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST 44.33 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 37.30 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 20.50 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 10.00 FEET, THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 20.50 FEET,• THENCE NORTH 90 DEGREES 00 MINUTES DO SECONDS WEST 48.64 FEET TO EAST RIGHT-OF-WAY LINE OF WESTFIELD BOULEVARD; THENCE NORTH 00 DEGREES 45 MINUTES 15 SECONDS EAST ALONG SAID EAST RIGHT-OF-WAY LINE 20.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 87.39 FEET, THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST 36.04 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST 23.37 FEET; THENCE NORTH 4S DEGREES 00 MINUTES 00 SECONDS EAST 111.59 FEET, THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST 16.74 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST 2.90 FEET, THENCE NORTH 17 DEGREES 20 MINUTES 02 SECONDS WEST 89.49 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 116TH STREET; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE 5.09 FEET TO THE POINT OF BEGINNING, CONTAINING 0.27ACRES (11595 SQ. FT.) MORE OR LESS. U11 VTEI E ENGINEERS CARMEL OFFICE BUILDING PAGE 1 OF 2 1701 E. 116TH STREET, CARMEL, IN. 46032 DATE: JUNE 29. 2023 DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF LO TT: Q\k)--\Ed--ld-/\?ppd-ta\b al\temp\Atl'ubiftl21624\W2203335 E-ente_-AW9 N89'51'47'E 210.00' POINT OF COMMENCEMENT NW COR., NW 7/4, E. SEC. 6, T17N, R4E Rt� c8 45' ROW J P 1 16th STREET N89'51'47'E 5.09' N. LINE., NW 1/4, SEC. 6, T17N, R4E POINT OF BEGINNING —N89-51'47"E 15.84' S 17'20'02 "E N17'20'02"W 89.49' \ \%95.39' N45'00'00"E 2.90' S45'00'00"E 16.74' S45'00'00'W 15.00' S MART REAL h� \ S45'00'00"E ESTATE, INC. 23.53' INST. #20 3018923 \\ INST. ,�2023018923 QOQQ \ F,Q`'O/v INST. #2023018924 N45'00'00"W 23.37' o N45'00'00"E 36.04' o N90'00'00"E 87.39' F N45'00'00"W 16.90' N90'00'00"W S45-00'00'W 44.33' 0 48.64' N90'00'00"W 37.30' a N00-00'00"E S00'00'00"E 20.50' 20.50' N90'00'00'W 10.00' This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a Surveyor Location Report and is based on a survey by Accura Land Surveying per Project Number 03-21-2114 dated 06/0912021 and recertified April 21. 2022 by Philip D. Going, RLS, LS29400003. CARMEL OFFICE BUILDING PAGE 2 OF 2 N 1701 E. 116TH STREET, H11 WEIHE U \ a,r CARMEL, IN. 46032 a,"�aa� ,.1 ,v,- 11- w ' E ENGINEERS e,,.-crtu 0 12-5 28 e0 DATE: JUNE 29. 2023 5