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Home My WebLink AboutEASEMENT - Indiana Electric Cooperatives - 2023038398DocuSign Envelope Ip. 1FAB5F44-D299-4448-9F99-EA549F�F4DO7 2023038398 EASE $25.00 10/05/2023 10:29:45AM 10 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II I I II I I I I II II Cross Reference to Deed: Doc. No. 2023007384 recorded March 9, 2023 in the Office of the JMZ Recorder of Hamilton County, Indiana GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This Grant of Perpetual Stone 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 TI IAT: 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 terns and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water duality management (collectively the "Ordinances"). NOW, THERE FORE, 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-exelusive, perpetual easement on the terns and conditions that follow:. Section _1. Easernew Area. The portion of Real Estate on, tinder anti 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 "13" (the "Fasement Area"). Docu&gn Envelope ID 1FAS5F44-1)299-4448-9FC?9-cA549FFF4D07 Section 2. Storm Water_ uali --stem. 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. Sectipn_3. Pub Qse 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 (teal 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. Faiitire of Storm Water Quality Sy stem. 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 tirne 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 ID1FAB5F44-D299-4446-9FD9-E4549FFF4D07 event of litigation to recover such expenses, the prevailing party shell 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 88. 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. f.Signature pages Jollowl runts gn=niaiope I D 1F-ABSF44-102r9 4446 )FAN, FA5d9FFF4UP' INDIANA STATEWIDE ASSOCIATION OF RURAL ELECTRIC COOPERATIVES D/B/A INDIANA ELECTRIC COOPERATIVES B / John Cassad ' CEO Printed Name/Title Date: ` (` L .. STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before nie, 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 forcgoing Easement for and on behalf of Indiana Statewide Association of Rural Electric Cooperatives dlb/a Indiana Electric Cooperatives, Witness niv hand and Notarial Sea] this � l day of 1>� -- 4(� My Commission Expires: _ t o 50 Residing in 1,} + 1 N _County yleary�Public t Printed Name LAUREN EUZABM WAOAM5 Notary Pubk • Seal La-Whon County • Statt of 1ndMnaCommiloo� NP0741247 Commission Expirrs Y 17. 2030 pocuSign Envelope Id 1FAB5F44-Q299-4448-9FO9-EAS49FFF4DO7 CITY OF CARNIEL BOARD OF PUBLIC WORKS & SAFETY ,^.-.. UocuSlgned by: James Brainard, Mayor Date: 10/4/2023 ----Docu Signed try:. QWA, "t' Mary Ann Burke, Member Date: 10/4/2023 .. ,... Docu$igned by' . 4c64 i. Lori Watson, Member Date: 10/4/2023 ATTEST: u l .... e33hd4f?7;e„aaat>.: - Sue Wolfgang, Clerk Date: 10/4/2023 Dacu&gn Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4DO7 �z d + ? .R 3 STATE OF INDIANA ) )SS: ' i 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 nay hand and Notarial Seal this My Commission Expires: Notelpku blic . Residing in T I-f5, County e so,1� __ tti1Jf7 -- Printed Name STATE OF INDIANA ) )SS: COUNTY OF 1-IAMII,TON ) 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. r' Witness illy hand and Notarial Seal this day of l' My Commission Expires: Residing it4- # —County s \ � Not rg Public t� � I Printed Name A. D`""ff�:. ;f3�.d it i.l�o R S'> DocuSign Envelope ID: 1FAB5F44-D299-4448-gFD9 EA549FFF4Do7 t 'a Y* � 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 T ?oa3 Nly Commission Expires: D� Residing i County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) f ) Notar, 'ublic 4 Printed Name 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 2Q3 cI My Commission Expires: _ '� _ r.. Note V l..ublic .. Residing ' County Printed Name Docu&gn Envelope ID: 1FAB5F44-D299-4448-9FD9-EA549FFF4DO7 Pursuant to IC 36-2-11-15(b)(2), I afiinn, 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 Kaslzman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 D®cuSigr Envelope ID 1FAB5F44-02994448-9FD9-EA549FFF4DO7 EXHIBIT "A„ LEGAL DESCRIPTION Part of the 5outheast Quarter of Section 35.. Town5hi 8 North, Range 3 EaSt n "lam ton Coun y, Indiana, being more particularly de5criaerl a5 fo;lcw5- Commencing at the 5o=.-,thwe5t corner of Said :quarter section; thence North 00 degrees 05 minute5 40 second5 West (assumed bearing) along the vest line thereof a distance of l 238.46 feet; thence North 89 degree5 54 minutes 20 5econd5 East perpendicular to Said v�regt line a dis*once 0i 54.98 feet to the Point of beginrnng bung the northwest corner of a tract of land described n Instrument Number 97097566 14 in the Office of the --,'ecorder of Hamilton County, Indlaria; thence North 00 degree-5 05 minutes 40 5ec011d5 West along the west ine of a tract of land described in Instrument Number'3223859 also bung along the east right of Nay line of Pennsyivania Street a distance of 20.00; thence North 88 degrees 4n m+nutes 4 seconds East a distance Of 45.15 feet; thence North 03 degree5 58 minute5 l 4 seconds East a dLstarce of 77.30 feet; thence North 89 degree5 56 minutes 27 5econd5 East a distance of 227.50 feet; thence North 72 degree5 33 minutes 01 5econd5 East a distance of 34.88 feet; thence North 89 degree-5 53 minutes 40 seconds East a distance of 16.24 feet; then e 50uth 00 degrees 05 m.nute5 40 5econd5 East parallel with the west line of sad quarter section a d stance of 1 0 1 .78 feet to a "rebar" on Said north line of Said Instrument Number 9709756a 4. thence South 88 degrees 40 minutes 54 5econd5 West along the north line a distance, of 328.33 feet to the Point. �F Beginn r.g containing 0.r,3 acres, more or less. 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