The URL can be used to link to this page

Home My WebLink AboutSWQ Easement - IEC - 11805 Pennsylvania StreetDocuSign Envelope ID: 1FAB5F44-D2994448-9FD9-EA549FFF4D07 ON Ems W r Ili s ■ v v . r+ BRAINARD, tMAY(M September 22, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT Of PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- IEC BUILDING ADDITION-11805 PENNSYLVANIA STREET Dear Board Members: The property owners of 11805 Pennsylvania Street have requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with proposed building addition project. 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 [Vi-%krNitvi Oi F\i;i\rt.ki\.- /lvi (:tut S(�M \kr. (AINI . 1\ 16"12 S)rnrt it- 1 ')-)1 Fn\ il- l: \1 k1l cl:4nhrnngM0.t1ilk 'Lill DocuSign Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 Cross Reference to Deed: Doc. No. 2023007384 recorded March 9, 2023 in the Office of the Recorder of Hamilton County, Indiana GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This Grant of Perpetual Storm Water Quality Management Easement (the "Easement") is by and between Indiana Statewide Association of Rural Electric Cooperatives d/b/a Indiana Electric Cooperatives (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, develop and operate a Storm Water Quality System (as defined herein) on the Real Estate and, in connection with the construction, development and operation of said 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" and "B" (the "Easement Area"). DocuSign Envelope ID: 1 FAB5F44-D299-4448-9FD9-EA549FFF4D07 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, acting by and through its duly authorized employees, contractors or agents, 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; provided that Grantee's presence and activities on the Easement Area does not unreasonably interfere with Grantor's use and enjoyment of the Real Estate or Grantor's operation of its business or activities thereon. 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 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 and Grantor's failure to correct such violation within a reasonable time as set forth in such notice, 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 the reasonable and documented 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 DocuSign Envelope ID: IFAB5F44-D299-4448-9FD9-EA549FFF4D07 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 the 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 the then -current 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. 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. %Signature pages followl DocuSign Envelope ID: 1 FAB5F44-D299-4448-9FD9-EA549FFF4D07 INDIANA STATEWIDE ASSOCIATION OF RURAL ELECTRIC COOPERATIVES D/B/A INDIANA ELECTRIC COOPERATIVES By: - John Cassadv, CEO Printed Name/Title Date: % �( 2 / Z- 3 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared John Cassady, CEO of Indiana Statewide Association of Rural Electric Cooperatives d/b/a Indiana Electric Cooperatives, who acknowledged execution of the foregoing Easement for and on behalf of Indiana Statewide Association of Rural Electric Cooperatives d/b/a Indiana Electric Cooperatives. Witness my hand and Notarial Seal this / day of W-4/'_, M Commission Ex pi res: s:17 3d Residing in County Yota�ry Public Printed Name LAUREN ELIIAKTH MCADAMS Notary Public - Seal Hamilton County - State of Indiana Commission Number NPO741247 My Commission Expires May 17, 2030 DocuSign Envelope ID: 1 FAB5F44-D299-4448-9FD9-EA549FFF4D07 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSigned by: James ramard, Mayor Date: 10/4/2023 DocuSigned by: QUA, bAt� Mary nn ur e, Member Date: 10/4/2023 DocuSigned by: Levi f�afsew e- Lori Watson, Member Date: 10/4/2023 ATTEST: DocuSigned by: Ste. Wol� Sue Wolfgang, Clerk Date: 10/4/2023 DocuSign Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 Sion y.04-201?F+p�_ NOTARY _ :C) PUBLIC :: SEAL , �s �It CO Q�' STATE OF INDIANA 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 of20 a3 My Commission Expires: 0Public Residing in -%btiv __County Uess io- ,.J . Printed Name 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 day of h , 20D-3 My Commission Expires: Kh LA Not Public Residing i�__r_n_: HEWL County Jess i CGL- -- Printed Name �O`A�a� C. V0lsslot? O m •, NOTARY in PUBLIC SEAL , b: .I If o � '•. Mumb!. vz DocuSign Envelope ID: 1 FAB5F44-D299-4448-9FD9-EA549FFF4D07 4-20 NOTARY in PUBLIC <; _ SEAL a : — • .ail G° Q e�• Q� STATE OF INDIANA ) '�sr. "�'"�0` )SS: ///1O FI i+`�P�� 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 2023 My Commission Expires: 'Z,o3 Nota ublic Residing i 'ihb-y�,j _County ksicoL Printed Name 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 nvl , 20 Ra My Commission Expires: t„��II _ Notar ublic Residing County j Im � - Printed Name �•�`` Vp hA4-2p3�+�� _ NOTARY PUBLIC s ti SEAL ��3'1.. n iyumb�� • � �� ///�� EIO FI i+�DtP\\`� DocuSign Envelope ID: 1 FAB5F44-D299-4448-9FD9-EA549FFF4D07 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: 1 FAB5F44-D299-4448-9FD9-EA549FFF4D07 EXHIBIT "A" LEGAL DESCRIPTION Part of the Southeast Quarter of 5ection 35, Township 15 North, Range 3 East in Hamilton County, Indiana, being more particularly described a5 follows: Commencing at the Southwest corner of Said quarter Section; thence North 00 degrees 05 minute5 40 seconds West (assumed bearing) along the west line thereof a distance of 1235.48 feet; thence North 89 degrees 54 minute5 20 seconds East perpendicular to Said west line a distance of 54.98 feet to the Point of Beginning being the northwest corner of a tract of land described in Instrument Number 970975GG 14 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 05 minute5 40 seconds West along the west line of a tract of land described in Instrument Number 9223859 also being along the east right of way line of Pennsylvania Street a distance of 20.00; thence North 88 degrees 4G minute5 14 seconds East a distance of 45.G5 feet; thence North 03 degrees 58 minute5 14 seconds East a distance of 77.30 feet; thence North 89 degrees 5G minute5 27 seconds East a distance of 227.GO feet; thence North 72 degrees 39 minute5 01 seconds East a distance of 34.88 feet; thence North 89 degrees 53 minutes 40 seconds East a distance of I G.24 feet; thence South 00 degrees 05 minute5 40 5econd5 East parallel with the west line of Said quarter Section a distance of 101 .78 feet to a 11rebar" on Said north line of Said Instrument Number 970975GG 14; thence South 88 degrees 4G minutes 54 seconds West along the north line a distance of 328.33 feet to the Point of Beginning, containing O.G3 acres, more or 1e55. DocuSion Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4D07 12 EXHIBIT "B" N89°53'40" E I G.24 N(59°5027" E _ _ NJ 3/8a1`� 227.GO v-lo Flo Ln m v Ln o 0 NO°0540"W z I 20.00 N88°4G' I .E 45.65 N89°54'20"E 328.33 54.95 — _ — — 588°4054"W POINT OF BEGINNING to IT c6 m N 5W COR 5E a SEC 35-T 18N-R3E • �� WARD NA1 ENGINEERING INCORPORATED G555 CARROLLTON AVENUE Inchanapohs, IN 4G220 (3 17) 25 1-1 738 (Fax) 25 1- 1 923 PLAN SCALE: I " = GO' PROJECT NAME: IEC COOPERATIVE BUILDING PLAN SCALE: I " = GO' DATE: 09-05-2023 DESCRIPTION: DRAINAGE * BMP EASEMENT EXHIBIT "B"