HomeMy WebLinkAboutGrant of Water Qlty Preservation Easement - 13065 Clay Center RoadDocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
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jAws BRAINARD, MAYOR
October 6, 2023
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: GRANT OF WATER QUALITY PRESERVATION EASEMENT-1306S CLAY CENTER ROAD
Dear Board Members:
The property owners of 13065 Clay Center Road have requested the city accept the grant of a
Water Quality Preservation Easement associated with construction of a single-family residence.
Attached are the required Water Quality Preservation 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 FNGINEERLNG
ONE QVIC SQUARE, C.ARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
RMAIL ei*incering®cartneLin.gov
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
Cross Reference to Prior Deed of Record: Instrument No. _2016046379_, in the Hamilton
County, Indiana Recorder's Office
WATER QUALITY PRESERVATION EASEMENT
This easement (the "Easement") is by and between Chantz and Cassie Miller (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;
RECITALS
• Grantor is the owner of the real estate conveyed by the deed identified in the cross
reference above abutting or containing a Almond Ditch (the "Grantor Parcel") located in
Hamilton County, Indiana.
• Per City of Carmel Unified Development Ordinance, Section 7.10(F) Easement
Standards, Water Quality Preservation Easements, as may be amended from time to time,
Grantor is required to establish a Water Quality Preservation Easement (the "Easement") in favor
of the City, in connection with Grantor's [house] (the "Project"). The required Easement is over a
portion of the Grantor Parcel (herein referred to as the "Easement Areal% and is more
particularly depicted as follows:
See Exhibit A attached hereto and incorporated herein by this reference.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
• Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive,
perpetual easement over, under, through, across and upon the Easement Area for the purpose of
water quality preservation in and around a natural Almond Ditch contained on the Grantor Parcel
(the "Easement").
• Grantor Obli atQ ions. This Easement is hereby designated and restricted as a ' o-
build," "no -disturb" zone, and no man-made structures, changes in grade, plant material
installation, or hardscape features shall be constructed or placed on or in the Easement Area,
excluding plant material permitted by the Department of Com
designee. Turf grass shall not be planted or maintained in this Easement, nor shall fmunity Services Director or his/herertilizer,
herbicide or insecticide of any type be applied. Native plants shalli be maintained. Up to ten
percent (10%) of the entire boundary with the stream may be managed such that access can be
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DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
gained to the water's edge. However, no man-made materials, gravel, sand, or turf grass shall be
used to provide that access. Stepping stones, or mowed/trimmed native grasses may be used
when approved by the Department of Community Services Director or his/her designee. Grantor
shall make adequate provision for the proper drainage of surface water over and across Easement
Area and surrounding area.
The Grantor shall further comply with all applicable federal, state, and local water quality
preservation and environmental requirements, rules and regulations.
• Maintenance and Restoration of Easement Area. Subject to the terms described in
Paragraph 2 herein, during and after construction, Grantor or its successors, heirs or assigns,
including any established Homeowners Associations or similar entities, shall restore the
Easement Area, to the extent practicable, to the condition as existed prior to the commencement
of the Project, or maintenance, repair, or replacement thereto. In the event the Grantee, its
employees, or contractors are required to come upon the real estate contained in the Easement
Area to replace, restore, or clear any damage, deterioration, debris or other obstacles contained
therein, the Grantee shall only be liable to restore the Grantor's real estate to its previous grade,
and to reseed and undertake erosion control measures as are required by 327 IAC 15-5, as
amended. Grantor shall allow access to the Easement Area and surrounding area for any required
maintenance, repair, replacement, service and updates.
• Ri ;hts Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and all others to whom Grantor may grant rights or easements, the right
to use the Easement Area for any and all purposes and uses not inconsistent with the foregoing
Easement and/or Grantee's rights and privileges thereunder.
• Easement and Covenants Appurtenant. The Easement granted, established and made
herein, together with the benefits and privileges thereof, shall run with the Grantor Parcel and
inure to the benefit of Grantee and its grantees, successors and assigns. The Easement granted,
established and made herein, together with the burdens thereof, shall run with and bind the
Grantor Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants
and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens
thereof, shall be deemed to be real covenants which touch and concern the Easement Area and
the Grantor Parcel, as applicable, shall run with the Easement Area and the Grantor Parcel, and
shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their
respective grantees, successors and assigns. All covenants and agreements hereunder may be
enforced by an action for specific performance, and in the event that a party breaches any such
covenant or agreement, the other party may further exercise any remedy available hereunder, at
law or in equity, and recover from the breaching party all amounts expended in connection with
exercising any such remedy (including without limitation, court costs and reasonable attorneys'
fees).
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DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
• Environmental Matters. The Grantor covenants and represents that to the best of its
knowledge, information and belief, that the Grantor Parcel is not presently the subject of, nor
under the threat of, any federal, state or local environmentally related lien, proceeding, claim,
liability or action. The Grantor agrees that, as between the Grantor and the Grantee, the
acceptance of this Agreement by the Grantee shall not increase the liability of the Grantee for
environmentally related claims arising from or related to conditions on the Grantor Parcel prior
to the acceptance of this Agreement.
• Jurisdiction. The Grantor and the Grantor agree that any litigation associated with or
arising from this Agreement shall be filed with a court of competent jurisdiction within the State
of Indiana.
•
• Other Obligations. The Grantor agrees that this Agreement shall not transfer to the
Grantee any past, present or future obligation(s) of the Grantor to be responsible for, or to pay,
any tax, assessment, or fee whatsoever that is associated with or related to the Grantor Parcel.
• Amendment. The Grantor and the Grantee agree that this Agreement shall only be
modified or released by the express, written consent of both the Grantor and the Grantee. Said
consent, when duly recorded, shall run with the real estate.
• Complete Understanding. The Grantor and the Grantee agree that this Agreement,
and the documents incorporated herein, represent the entire understanding between the Grantor
and the Grantee as regards the subject matter hereof.
• Governing Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Indiana, except for its conflict of laws provisions.
•
• IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of
the date first written above.
• GRANTOR
• By: — - A- - A� — Au�
C-4 6 Nd
• Printed: CACq/i+-r- T 1a1; 1)ef �t� M .Iv`,I""''
• �K/�
• Title: Owri� l' 0
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DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
0 GRANTEE
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
Not Present
James Brainard, Mayor
Date: NSA
1—z awe PAG
Alin Burke, Member
Date: 10/18/2023
��b� by
I lavi (ua#sek.
on °Witson, Member
Date: 10/18/2023
ATTEST- Doeuftned by:
Sw, "w6n
Sue Wolfgang, Clerk
Date- 10/18/2023
4
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DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
STATE OF INDIANA )
) SS:
COUNTY OF ► )
Before me, a Notary Public in and for said County and State, personally appeared
CKanta J&%i Millohe Grantor, and who, having been duly sworn, acknowledged the truth and
accuracy of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this
My commission expires: ZD.L)
day of , 2022.
t�uh
Notary PVblic
I am a resident of ,14e4t it c4U County, Indiana
STATE OF INDIANA )
SS:
COUNTY OF )
S. RIde-rlou r
Amy S Ridenour
Notary Public Seal State of Indiana
Hendricks County
Commission NumberNP0743030
My Commission Expires e12812030
Before me, a Notary Public in and for said County and State, personally appeared
the Grantee, and who, having been duly sworn, acknowledged the truth and
mac acy of the representations made herein and the execution of the foregoing Agreement.
a suZ Witness my hand and Notarial Seal this * day ofC20
J Lo
My commission expires: OAD��
Not Public
I am a resident of County, Indiana ,
s cia
Printed Name
This instrument was prepared by Sergey Grechukhin, Transactions Chief, City Hall, One Civic
Square, Carmel, Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document, unless it is required by law. Sergey Grechukhin
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Printed Name
This instrument was prepared by Sergey Grechukhin, Transactions Chief, City Hall, One Civic
Square, Cannel, Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document, unless it is required by law. Sergey Grechukhin
M
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EXHIBIT A
Part of the Southwest Quarter Section 27, Township IS North,
Range 3 East in Hamilton County, Indiana, for an easement for
water quality being 25' as measured at right angles from the - - - - - -- .
9M,TIBN-RIE
Zane A per FEMA Flood Map 18057CO206G with an effective � � �� �- _�_ _ - _. '� i>- 58874.'095AL-
date 11/19/2014 for the City of Carmel 1180081) and being
located within the real estate described in Instrument
�(7�71'p8• N89'11'OB"E 241_42' NNEE cEp sw } p
2018053332 as recorded in the Office of the Recorder of Y 589'11'09"W 9EF 27-n&t-R7Ef Fg
Hamilton County, Indiana, being described as follows: 2.1T 87. 16.49' 33"E g$
18.49'
COMMENCING on the North line of the Southwest Quarter of 5515- S
Section 27, Township 16, North, Range 3 East, 787.63 feet ; S20'03'5B•E `. 1g8 6 'OS"E ; ;n
South 89 Degrees 11 Minutes 09 Seconds West (assumed a 1.53 T S4854'OS•E 33
bearing) of the Northeast corner thereof; thence South DO C-20 OB
degrees 07 minutes 31 seconds East 45.00 feet to the x o��ty µ,4328 41 "E
o
northeast corner of the Instrument 2018053332 as recorded in gg 3914E t .'}
the Office of the Recorder of Hamilton County, Indiana; thence H 53 35 - 1583'47'31"E
89 Degrees 11 Minutes 09 Seconds Weston and along the d \ 70.14'
North line of said Instrument 241.42 feet to a paint being el�,16' ,�, �\ 7,136' '49•E
located 25' as measured at right angles from the Zone A per - - y t 7.B8
FEMA Flood Map 18057CO206G with an effective date '9C,1j h t
21/19/2014 for the City of Carmel (190081) and hereafter said _ N47'47'58"W Fpre Q�'� j(•yt..��
25' offset being call offset, said point being the POINT OF _ r87.08'\
BEGINNING for the easement described; thence South
degrees 59 minutes 33 seconds East (this and the next eight
courses are on said offset) 16.49 feet; thence South 51 degrees IN5439'32
50 minutes 07 seconds West 11.15 feet; thence South 20 t 47.75' M1`r
degrees 03 minutes 58 seconds East 1.53 feet; thence South 40N6TI1'S6"W �N99'24 2"E n m
degrees 53 minutes OS seconds East 98.76 feet; thence South //
48 degrees 54 minutes OS second East 20.08 feet; thence North N71'45'42"W
85 degrees 39 minutes 14 seconds East 53.35 feet; thence 121,5
South 84 degrees 38 minutes 41 seconds East'Zt42 feet; \ N45'2152•W
thence South 63 degrees 47 minutes 31 seconds East 70.14 1 NSBVO:fiZ'Wf �., �6), '(.'NSS.Ora6•W
feet; thence South 41 degrees 00 minutes 49 seconds East 7.66 t 27.53' 13.38' z ~
feet to the perimeter of said Instrument; thence South 00 NII r rn
degrees 07 minutes 31 seconds (this and the next (3) courses W - - INSTR. NO.: 2018053332 N47'48'28"W N54'21'OB'W
7274' 33�30 172.
re on the perimeter of said Instrument) 139.00 feel- thence - -- 589'p8'45"W
North 89 degrees 24 minutes 12 seconds East 85.19 feet; 3
thence South 00 degrees 10 minutes 36 seconds East 103.75
feet; thence South 89 degrees 08 minutes 45 seconds West , QJ (� cL J
172.99 to said offset; thence North 55 degrees 07 minutes 06 U Q
seconds West (this and the next (8) eights courses are on said ((00
offset) 13.56 feet; thence North 54 degrees 21 minutes 08 O "
seconds West 33.30 feet; thence North 47 degrees 46 minutes
28 minutes West 72.74 feet; thence North 56 degrees DO J W
minutes 12 seconds West 27.53 feet; thence North 45 degrees (� ~
21 minutes 52 seconds West 28.68 feet; thence North 11 a, 4 w.
degrees 45 minutes 42 seconds West 12.61 feet; thence North
67 degrees 11 minutes 56 seconds West 33.11 feet; thence
North 54 degrees 39 minutes 32 seconds West 47.75 feet;
thence North 47 degrees 47 minutes 58 seconds West 87.08 (IN FEET) HOLEY SANo-FELY"
feet to the perimeter of said Instrument; thence North 00 SCALE: 1" inch = 80 ft. "DIGy ...
degrees 44 minutes 45 seconds West (this and the next (2) two
courses are on said perimeter) 173.98 feet; thence South 81 NOTES
degrees 21 minutes 06 seconds East 32.17 feet; thence North
89 degrees 11 minutes 09 seconds East 87.73 feet to the i EASEMENT AREA OUTLINE Ra.
POINT OF BEGINNING. BOUNDARY / PARCEL OUTLINE
EXISTNG BUILDING INSIDE BOUNDARY / PARCEL