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Home My WebLink AboutSW QLTY MGMT EASEMENT - Woodland Country ClubDocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 Parcel # 17-14-06-00-00-001.000 Instrument No. Cross Reference to Deed: Book 284 — Page 424 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between Woodland Country Club, 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 construct improvements on the Real Estate and, in connection with the construction, development and operation of the private drainage system, 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, 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. DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 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 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 Ouality 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: CEA83F85-65D2-45C8-BC3D-09F809D7F660 Section 10. Authori . 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. By: Printed Name Date: S 16 & `o STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) CLUB, INC. Before me, a Notary Public in and for said County and State, personally appeared Robert Reynolds, Club Manager, who acknowledged execution of the foregoing Easement for and on behalf of Woodland Country Club, Inc. Witness my hand and Notarial Seal this day of , 2023. My Commission Expires: Ocs}z��u' a r0 3 o Notary Publ' Residing in . County ANGELA G HENRY Notary Public - Seal Hancock County - State of Indiana Commission Number NP0659881 My Commission Expires Oct 29, 2030 _ aoja Printed Nallne DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DDocuSiiggnneed by: James ramar ; Mayor Date: 9/20/2023 DoeuSigned by: QVJA, lit, Mary Ann ur e, Member Date: 9/20/2023 F DocuSigned by: evi �a�soU, Lon a son, ember Date: 9/20/2023 ATTEST: F�Docuslgnldby:, ue. wgt Sue Wolfgang, Clerk Date: 9/20/2023 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 day of , 20Q.3 M ommission Expires: Not blict , tp Residing in �County �S�` a, I`D Printed Name D KO 6S• R,issioq F•. A �� \ y° 6A4-20,?�+4 ^. a tJOYARY v: ;cPUBLIC ° SEAL DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 `\��U1i \\\ i A D K0'0%0/''% oy m•.. NOTARY m: PUBLIC = O SEALNUMID STATE OF INDIANA )SS TE OFt,10 NO\P� 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 aC* day of Ti� mmission Ex ires: p I Not blic Residing -r County dessl co., f� UY11 I� 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 a 0* day of My Commission Ex ires: Residing i4County Printed Name ]mac •oF 20,#, q, ••(J O 1 r NOTARY PUBLIC SEAL �a • ton 20_a.3 DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 ttttt1111N11///// � •V° 6AA-203� ,per., F NOTARY s pUBLIC v: STATE OF INDIANA ) )SS: •�F IN��`• COUNTY OF HAMILTON ) ///1111Ml0�� 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 F.l' , 20 oZ3 M ommission Expires: Nothl Public Residing i __County less Printed Name 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: CEA83F85-65D2-45C8-BC3D-09F809D7F660 PIC JOB NO. 220120-30000 100� AUGUST 8, 2023 cripeSHEET 1 OF 2 EXHIBIT A BMP EASEMENT EXHIBIT WOODLAND COUNTRY CLUB EASEMENT DESCRIPTION A part of the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest corner of Woodland Golf Club 2nd Subdivision, on addition to. the City of Carmel, as per plat thereof, recorded in Deed Record 137, page 274 in the Office of the Recorder of Hamilton County, Indiana; thence South 10 degrees 10 minutes 58 seconds East (basis of bearings is Indiana State Plane Coordinate System East Zone (NAD83)) along the western boundary of said Woodland Golf Club 2nd Section 35.70 feet to the south proposed right of way of Woodland Lane; thence South 81 degrees 09 minutes 58 seconds West along said south proposed right of way 26.76 feet to the POINT OF BEGINNING; thence South 08 degrees 50 minutes 02 seconds East 20.00 feet; thence South 81 degrees 09 minutes 58 seconds West 20.00 feet; thence North 08 degrees 50 minutes 02 seconds West 20.00 feet to the south proposed right of way of Woodland Lane; thence North 81 degrees 09 minutes 58 seconds East along said south proposed right of way 20.00 feet to the POINT OF BEGINNING, containing 0.009 acres (400 square feet), more or less. 9339 PRIORITY WAY WEST DRIVE, SUITE 100 INDIANAPOLIS, INDIANA 46240 (317) 844-6777 FAX (317) 706-6451 E-Mail cripe1 cdpe.biz ARCHITECTURE . INTERIORS • CIVIL ENGINEERING 0 SURVEY + CONSTRUCTION ENGINEERING 0 ENERGY t FACILITIES 0 EQUIPMENT PLANNING 0 REAL ESTATE SERVICES DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 .4I C�ijje PIC JOB NO, 220120-30000 AUGUST 8, 2023 SHEET 2 OF 2 EXHIBIT A BMP EASEMENT EXHIBIT WOODLAND COUNTRY CLUB N 0 25 50 100 12.5 .5 SCALE: 1"=50' WOODLAND COUNTRY CLUB, INC. D.R. 284, PAGES 424-430 \ POINT OF BEGINNING �. PROPOSED RIGHT OF WAY 81' 09' 58 E 20.00, w do DO �N pD N O EXISTING ASPHALT PAVEMENT o 20.00 n BMP EASEMENT zS 81'09 58" W 0.009 Ac.t (400 SF.) WESTERN BOUNDARY OF WOODLAND COUNTRY CLUB, INC. WOODLAND GOLF CLUB D.R. 284, PAGES 424-430 2ND SUBDIVISION POINT OF COMMENCING N.W. COR. OF WOODLAND GOLF CLUB 2ND SUBDIVISION WA :mil O \or. 0 — S 81'09'58" W cJO 26.76' LOT 34 `�JOQPv o° 9339 PRIORITY WAY WEST DRIVE, SUITE 100 INDIANAPOLIS, INDIANA 46240 (317) 844-6777 FAX (317) 706-6451 E-Mail cripeCRcTipe.biz ARCHITECTURE +INTERIORS 0 CIVIL ENGINEERING 0 SURVE) • CONSTRUCTION ENGINEERING 6 ENERGY+ FACILITIES 0 EQUIPMENT PLANNING 0 REAL ESTATE SERVICES