HomeMy WebLinkAboutEASEMENTS-Grant of Perp. Stormwater Quality Mgmt. Easement - Lakeside Apt. of Carmel II-20230907DOCUSign Envelope ID: DA9405C4-9096-4613-9820-7F661D54709D
2023034461 EASE $25.00
09/07/2023 02:44:41PM 7 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
JMZ ii
(Toss Referenee to Deed: Instrarment No. 2022-37647 IDeedl
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT -EASEMENT
This easement (the " Taseroient") is by and between the Lakeside Apartments of Carmel 11
LI..C, (tire "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;
Wt'f NI SSN:TH 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 redevelou on the heal Estate and, in connection with the
construction, development and operation of the private proposed apartnletit_iruildings. the City has
approved or will approve a Storm Water Management Permit (tile "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 acicnow ]edged, 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
F,asernent exists is legally described and graphically depicted in what is attached hereto and
incorporated herein by reference as Exhibits "A" ill two parts (the "Easement Area").
Section_2.. Storm Water QualitySystcm. 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
itafrast.ructure, which ruay 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
ulrort the Pasement Area for purposes of (i) accessing, inspecting, examining, nnonitoring, testing
31 sampling the St06'11) Watet' Quality System, and (ii) identifying and verifying compliance
with the requirements of the Permit and the Ordinances.
Section 4. Maintenance and Repaid. 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 effcctivcness and pci-format-ce of the Storm Water Quality System is not.
DocuSign Envelope ID. DA9405G4-949641313-9820-7F661 D54709D
diminished from the capabilities set forth in the Permit and (i) the Storm Water Quality System
remains in compliance with the Permit and the Ordinances.
Section S. Failure._of.Storm Watcr 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 5oforceme��t. Grantor shall reimburse Grantee for
costs and expenses incurred by Grantee in the perforrnance of the maintenalice, repairs,
modifications and/or replacements specified in Section S 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. Cfiaracter_of.Ease fi'ient. 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 (fie 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
Casement and the Grantee's rights under this Easement.
Section 9, Amendment. This Easement may be amended only by a written instrmnent signed (i)
by their owner of the Real EsWe and Board of Public Woiks & 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 Casement Area is adjusted to and does not conflict with
such revised site plan.
DucuSign Ervelppe ID; DA9405C4-9096-4B13-9820-7F661 D547090
Section 10. Authority, The undersigned person executing this Easement €or and on behalf of
Grantor a'epresents and warrants that he or she has been duly authorized by Grantor to execute
and delive3- this Easement, and that all actions, votes, approvals and/or restrictions necessary to
allow the execution and delivery of this Easement have been undertaken.
Printed Name
Bate:
STATE OF-� )
(' .k �(t'r�tl w�(Ve }ss;
09tR4W OF HikWE+BN )
Before me, a Notary Public in and for said County and State, personally appeared
who acknow edged execution pfthe foregoing Easement for and
on behalf of
Witness my hand and Notarial Seal this day of -._-- , 20' 3
� r
Nfy Commission Expires:
`Notary Public
Residing in County �qIw�L.
Printed Name
SHANNON L BOSLEY
NOTARY PUBLIC
HAHFORD COUNTY
MARYL4ND
My Commisslon Expires Oct. 20, 2t'126
DocuSign Eweiope ID: DA9405C4-9096-4813-9820-7F661 D54709D
CITY OF CARMEL BOARD OF PUBLIC WORKS Sc SAFETY
James rainard, Mayor
Date: 9/6/2023
D-54ned by'.
� 'dwn. Vic,
ivfary Ai1n urke, Member
Date: 9/6/2023
�.--D—A!q.e by'.
I toi N
1011
I V atson, Member
Date: 9/6/2023
ATTEST:
Sue Wolfgang, Clerk \.��,6�CA C?,AOA-
Date: 9/6/2023
STATE OF INDIANA
)SS:
COUNTY OF HA.MiILTON
NOTARY v
PUBUC o
SEAL a ;
C0'4Qb:4
sQ Ppn
f��P,grr i I}jyO\`
Before nee, 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 f6mgoing Easement for and on behalf of City of Carmel, Indiana
Beard of Public Works & Safety.
Witless my hand and Notarial Seal this
My Commission Ex Tres:
Residing in lay County
V� day of jk OdDt,� — 201�-3
j
_._
Notary' ublic
'SS ICc_
Printed Name
DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D
0"? k o
h,L ;
STATE OF INDIANA
)SS: °
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, Personally appeared Mary
Anti 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 lta;id and Notarial Seal this 0 day of
My Commission Expires: ` U
jl_ 4 Nota(y" Public
i �1
Residing i � County 1 C6,
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
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 day of
MV Uornmission Expires; f�-
p Notar 1 ublic
Residing ta_ Comity _ _'SS_1C _j-! ,
Printed Name
mOTAAY
n PUBLIC.
SEAL- ' ..
h o� O
b
20 a3
DocuSign Envelope ID. DA9405C4-9096-4Bl3-9820-7F661054709D
STATE OF INDIANA }
)SS.
COUNTY OF 1- ].'AILTON )
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 nay Hand and Notarial Seal this day of f 20 r.
my Comittission Ixp'res:
Notar fiblic
Printed Name
NCTARY
SEA. p<:
c
4 rOF
Pursuant to IC 36 2-11-15(b)(2), 1 affirm, under the }penalties for perjdlY, that I Have taken
reasonable care to redact each Social Security number in this document, unless required by law --
Jon Oberiander, Esq.
Prepared by: ,ton Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032
IZetu1) toy Jeremy Kashman, P,E., City Engineer, 011c Civic Squal'e, Carmel, IN 46032
Docu Sign Envelope ID: DA9405C4-9096-4613-982C�7F661 D54709D
PART OF LCTt' :3
�T REPLAT OF BLOCK 8 IN CARMEL
SCIENCE & TECHNOLOGY PARK
INS'I-RUMENT NO. 2020071625
S33' 10' 01'E 20.00'
N56' 49' 59'E 10.00'
- P,O.B
EASEMENT
A=53.93' R=595.00'
200 SF
C =N2s 3s'2rw s3s+
433' 10' 01'W 20.00'
S56150100•W 1D.00'
Q
• ' ''9'W 31 S5649`".i9'
LAND DESCfi1P I:EON '
OWNER
PART OF LOT 3 IN THE. REPLAT OF BLOCK 8 IN CARMEL SCIENCE &
LAKESIDE APARTMENTS �
TECHNOLOGY PARK, LOCATED IN THE CM OF CARMEL, INDIANA, AS PFR
OF CARMEL II LLC
PLAT THEREOF RECORDED AS INSTRUMENT NUMBER 2020071625 IN THE
INSTRI.IMENT NO.
OFFICE OF THE RECORDER OF HAMILTON COUNTY INDIANA AND BEING
2022037647
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE 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 ANT) RIGHT OF WAY;
THENCE SOU'i'H 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 NOR 'H 33 DEGREES 10 MINUTES 01
SECONDS WEST 20.00 FEET; THENCE NORTH SG DEGREES 49 MINUTES 59
SECONDS EAST 10.00 FEETTO THE SOUTHWESTERLY LINE OF THE
EASEMENT DESCRIBED IN SAID INSTRUMENT NO. 2.022018524; 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.
PREPAJRED BY
i
PO BOX 70
ZIONSVILLE. IN 46077
00
<r
39 ��
SOUTHERN CORNER
OF IN PCARMEL SCIENCE
& TECHNOLOGY PARK
INSTRUMENT NO.
2020089764
THIS DRAWING IS NOT INTENDED TO
BE REPRESENTED AS A RETRACEMENT
OR ORIGINAL BOUNDARY SURVEY, A
ROUTE SURVEY, OR A SURVEYOR
LOCATION REPORT.
PROJECT NO. PROJECT:
220047 .. EASEMENT EXHIBIT
DRivvN BY: IN THE REPLAT OF BLOCK 8 CARMEL SCIENCE & TECHNOLOGY PARK
BK 62.13 W. CARMEL DRIVE
DATE-: 07lQ6/2023 OAkMEL, INDIANA 46052