Loading...
HomeMy WebLinkAboutSWQ Mgmt Easement- Lakeside Apts Phase IIDocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F66lD54709D JAMES BRAINARD, MAYOR August 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. LAKESIDE APARTMENTS PHASE ll - GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: Connor Strege with Kimley-Horn has requested the City accept a Grant of Perpetual Storm Water Quality Management Easement associated with Lakeside Apartments Phase II proposed at 625 West Carmel Drive. 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, Jeremy Kashman, P.E. City Engineer DEPARTMENT OF ENGINEERING ONE Crvlc SQuARE, CARMEL, IN 40032 OmcE 317.571.2441 FAx 317.571.2439 EMAIL enKinccrinFtOcarmel.in.}xri DocuSign Envelope ID: DA9405C4-9096-41313-9820-71`661 D54709D Crass Reference to Deed: Instrmnent No. 2022-37647 [Deed] GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the Lakeside Apartments of Carmel II LLC, (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 redevelop on the Real Estate and, in connection with the construction, development and operation of the private proposed apartment buildings, 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 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, hydrodynamic separators, 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, such that (i) the effectiveness and performance of the Stornn Water Quality System is not DocuSign Envelope ID: DA9405C4-9096-4B13-9820-71`661 D54709D 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 QualitSystem. 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 peiforniance 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: DA9405C4-9096-4B13-9820-71`661D54709D 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. LI1.... By: Printed Name Date: d�'vajr✓ J���✓G t l(lk��$3�ili STATE OF C it. �?1rcli�mce }SS: Before me, a Notary Public in and for said County and State, personally appeared lam_, who ac now edged execution fof )the foregoing Easqn ent for and on behalf of t' 411 kS c QL me, � .1 ; t Witness my hand and Notarial Seal this day of � r , 20A My Commission Expires: otary Public Residing in r ir�.l� _County t L. ` ) 0, Printed Name SHANNON L BOSLEY NOTARY PUBLIC HARFORD COUNTY MARYLAND My Commission Dpires Oct. 20, 2026 DocuSign Envelope ID: DA9405C4-9096-4613-9820-71`661D54709D CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY :uShpwdd by: A James ramard, Mayor Date: 9/6/2023 Fgn.d by: A; Qua\. fu& Mary nn Burke, Member Date: 9/6/2023 gned by: F;Vi�s Ulaisan Lot 1 atsori, Member Date: 9/6/2023 ATTEST: �Doousfgne�d byU�:.,.V� Sue Wolfgang, Clerk •�`,\S�CA D'/(0,'/// Date: 9/6/2023 STATE OF INDIANA )SS: COUNTY OF HAMILTON CjNOTARY ° PUBLIC :3 SEAL `Oton , tr 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 My Commission Ex ues: Ll n Residing in ` 1aP A-jLD, County V'+L 20,a3 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F66lD54709D KOf����i �i MOj LRC y°P SEA. Qa ' STATE OF INDIANA b COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared May 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 �— day of My Commission Expires: Z 03 � Residing i County Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 20__,,�3 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 Q* day of oe MV,Qonimission Expires: if p Notai ublic Residing County I Printed Name �+A'D l K©�j� `����5 .• �1s9ion �•. NTARY ppg IC uv 0 SEAL 'ton �a?•Q\� i��is+j•. o� Numb�t..•p���` "'T�for`IN0��`�� b 20 a3 DocuSign Envelope ID: DA9405C4-9096-41313-9820-71`661 D54709D 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 day of , 20 a.3 M Commission Expires: o2d3 ( Notar rblic Residin County C Jess 1 C 0 Printed Name �S.�i3s�Oq+. 0 NOTARY PUBLIC 4WD: .� SEAL 3+i17�"/ton r Pursuant to IC 36-2-1.1-15(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 Kashnian, P.E., City Engineer, One Civic Square, Carmel, 1N 46032 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D PART OF LOT 3 N REPLAT OF BLOCK 8 IN CARMEL SCIENCE & TECHNOLOGY PARK INSTRUMENT NO.2020071625 N56° 49' 59°E 10.00'--N, EASEMENT -� 200 SF N33° 19 01-W 20-W--1 4 9 1' 40 856' So' 00°W 1 LAND DESCRIPTION S56° 49' S9"W 31 PART OF LOT 3 IN THE REPLAT OF BLOCK 8 IN CARMEL SCIENCE & TECHNOLOGY PARK, LOCATED IN THE CITY OF CARMEL, INDIANA, AS PER PLATTHEREOF RECORDED AS INSTRUMENT NUMBER 2020071625 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERN MOST CORNER OF BLOCK 8; THENCE NORTH 57 DEGREES 39 MINUTES 32 SECONDS EAST (PLAT BEARING) ON AND ALONG THE SOUTH LINE OF SAID BLOCK 433.91 FEETTO THE WEST RIGHT OF WAY LINE OF CARMEL DRIVE; THENCE NORTH 27 DEGREES 00 MINUTES 39 SECONDS WEST ALONG SAID RIGHT OF WAY 475.03 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF 595.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF NORTH 29 DEGREES 36 MINUTES 27 SECONDS WEST AND A CHORD DISTANCE OF 53.91 FEET; THENCE AN ARC DISTANCE OF 53.93 FEET ALONG SAID CURVE AND RIGHT OF WAY; THENCE SOUTH 56 DEGREES 49 MINUTES 59 SECONDS WEST 31.59 FEET TO THE SOUTHWESTERLY CORNER OF AN EASEMENT DESCRIBED IN INSTRUMENT NO. 2022018524 IN SAID RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE SOUTH 56 DEGREES 50 MINUTES 00 SECONDS WEST 10.00 FEET; THENCE NORTH 33 DEGREES 10 MINUTES 01 SECONDS WEST 20.00 FEET; THENCE NORTH 56 DEGREES 49 MINUTES 59 SECONDS EAST 10.00 FEET TO THE SOUTHWESTERLY LINE OF THE EASEMENT DESCRIBED IN SAID INSTRUMENT NO.2022018524; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 33 DEGREES 10 MINUTES 01 SECONDS EAST 20.00 FEETTO THE POINT OF BEGINNING, CONTAINING 200 SQUARE FEET MORE OR LESS. PREPARED BY: I° 10' 011E 20.00' P.O.B,A A=53.93' R=595.00' CH=N29°36'271W 53.91' .9 O OWNER �i4 LAKESIDE APARTMENTS OF CARMEL II LLC INSTRUMENT NO. 2022037647 0� 93 1' 3 �y SOUTHERN CORNER REPLAT OF BLOCK 8 IN CARMEL SCIENCE do TECHNOLOGY PARK INSTRUMENT NO. 2020089764 THIS DRAWING IS NOT INTENDED BE REPRESENTED AS A RETRACEMENT 5 OR ORIGINAL BOUNDARY SURVEY, A PO BOX 70 ROUTE SURVEY, OR A SURVEYOR ZIONSVILLE, IN 46077 LOCATION REPORT. (317)344-2822 PROJECT NO. PROJECT: 220047 EASEMENT EXHIBIT DRAWN BY: IN THE REPLAT OF BLOCK 8 CARMEL SCIENCE & TECHNOLOGY PARK BI< 625 W. CARMEL DRIVE DATE:07/0612023 CARMEL, INDIANA46032