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Home My WebLink AboutSW Quality Mgmt Easement - BJs Wholesale Club - 14400 Lowes WayDocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 �■ oil ■. M'.L'>,i� JANIEs BRAINARD, MAYOR October 24, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: BJ's WHOLESALE CLUB — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: Connor Strege with Kimley-Horn has requested the City accept a Grant of Perpetual Storm Water Quality Management Easement associated with the BJ's Wholesale club proposed at 14400 Lowes Way. 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 DFI'AIM-11 VI or (7v1 Cnt. Scp v+r, Cmcna. IN i0o32 OrFI;F 3t'S,l._'++t P.\\ 317.i— I.2139 F,MAII cngu ccrinkai.nnhl in .r DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 Cross Reference to Deed: Instrument No. 2005-00009114 [Deed], 2023-039034 [Deed] GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between Kite Greyhound, LLC (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 redevelop on the Real Estate and, in connection with the construction, development and operation of the private proposed commercial building and associated infrastructure, 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 `Basement 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, 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. DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 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. Section 4. Maintenance and Repaai_r. 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, 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: 04372EEB-5867-4A05-9261-64610CF6A961 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. KITE GREYHOUN LC, an Indiana limited liability company i By: ign Its: �Hf . IU'V%k � 4j r . V , C�CV04`k (Printed Name and Titre) Date: I L4'7 v STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared rye Ry)Y j 11S , the SVR. of Kite Greyhound, LLC, who acknowledged execution of the foregoing Easement for and on behalf of said limited liability company. Witness my hand and Notarial Seal this M Commission Expires: Residing in MahbK County KELMO KNIM woWn,k z aEu Marlon County My Commission Expims �i�►r • May 22, 2024 DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayor Date: N/A DOCUSigned by: Mary Ann 19urke, Member Date: 11/1/202 3 DocuSigned by: Novi (Qw, Lori atson,- Member Date: 11/1/202 3 ATTEST: Docu3igned by: su�. wgt� RAAARQf17AaAddC`S Sue Wolfgang, Clerk Date: 11/1/202 3 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 Not Present 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 , 20_. My Commission Expires: No t Present Notary Public Residing in County �D"Kp `Painted Name \ssion F*--4 i STATE OF INDIANA ) NOTARY I: _ PURL►C • SEAL COUNTY OF HAMILTON I/ton 4umC0•'• C, �'� Before me, a Notary Public in ana fbtlghit1 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. a� Witness my hand and Notarial Seal this day of , 20 a3 My Commission Expires: at) II Notary blic Residing i .dCounty 0\11,,1,i,,,<<< \�� \gyp, D Kp y%.,printed Name C' fissionzr F'• A �i� STATE OF INDIANA ) = po RC o SEA' - )SS: COUNTY OF HAMILTON ) %�`N°"m Before me, a Notary Public in or 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 y�r,�. , 20k3 M ommission Expires: C--'X4kQ L - J�w Notai ublic DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF5A961 Residing in�a rt County STATE OF INDIANA COUNTY OF HAMILTON )SS: ) sic -1) Printed Name \\\'��1n UDUII//��i �.� C. .........0 `,}t o m •- =� NOTARY A' PUBLIC SEAL , m ton Co .� Murn ��ItNIN4\L1 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 .1-_ day of OC Ve•Yt , 20 a3 My Commission Ex fires: y a obi Not ublic Residing in i County c3 y Printed Name DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 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 4857-6262-7971, v. 1 DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 EXH B T "A" LOWE'S HOME CENTER, INC. WARRANTY DEED INST. #2000036996 Neon* on, nn"F 60' GENERAL - UTILITY EASEMENT I N STR. #2000-37006 10' WATER LINE - I N STR. #2000- 37006 Z Q Q z07� w 0�wCD m DO00 \ W 0 Ln z O z I v z z � - o I 0 l 00zoo' Indiana State Plane Coordinate System East Zone DocuSign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 EXHIBIT "A" LAND DESCRIPTION A part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, being part of that 10.01 acre tract of land as shown on the plat of a boundary retracement survey of said tracts certified by Wyatt Bower, PS# LS22200003 on November 18, 2022 as Schneider Geomatics project number 14754 (all references to monuments and courses herein as shown on said plat of survey) being more particularly described as follows: Commencing at a 5/8" rebor with "Schneider Firm — 0001" cap at grade, being the Northeast corner of said 10.01 acre tract described to Kite Greyhound, LLC and recorded as Instrument Number 2005009114, in the Office of the Recorder of Hamilton County; thence North 90 degrees 00 minutes 00 seconds West 69.85 feet; thence South 00 degrees 00 minutes 00 seconds East 17.97 feet to the POINT OF BEGINNING thence South 00 degrees 01 minutes 47 seconds West (basis of bearings is Indiana State Plane Coordinate System — East Zone) a distance of 61.03 feet; thence North 90 degrees 00 minutes 00 seconds West 95.97 feet; thence South 00 degrees 00 minutes 00 90 degrees 00 minutes 00 seconds West 169.48 feet; thence Sout Containing 1.58 acres, more or less. Prepared by: REGISTERED LAND SURVEYOR #LS22100006 jshinneman@schneidergeomatics.com October 4, 2023 h S H/N,°'///,% QUOG\S T ERFo��9 No. =� LS22100006 STATE OF S URA °•