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Home My WebLink AboutEASEMENT - Kite Greyhound - 2023042477Pocu5lgn Ervelope ID. U4372EEB-5867 4Ao5-9261-G46'oCF6A961 2023042477 EASE $25.00 11/08/2023 08:51:15AM 9 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented TGR II II II II II II I I II I I II I I II 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 R 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 terns and conditions that follow Section 1. Easement Area. The portion of Real ],,state on, under and through which tlus 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, 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 Per€nit and the Ordinances. DocuSign Envelope Id: 04372EEB-5867-4A65-9261-64610CF6AS61 Section 3. Pumose 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 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 QLjalfty 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-5867-4A05-9251-64610CFGA961 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 t By: ign Its: R�r - (Printed Name and Tit e) Date:' STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared ny) Ry)4 0S the SNP 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 My Commission Expires: Residing in I ()�--County KELLYJOKPV%r MadEon County My Commis*n EXOMs May 22, MU Docu3ign Envelope ID: 04372EEB-5867-4A05-9261-64610CF6A961 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayor Date: N/A Do"Signed by. Q4t rti. f xpAt, Mary urke, Member Date: 11/1/2023 Oocu8lpned by: (Ydw Lon atson-Member Date: 11/1/2023 ATTEST: peeuS!®ned by: C�p01]iA Sue Wolfgang, Clerk Date: 11/1/2023 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) DocuSign Envelope IA: 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 nand and Notarial Seal this day of My Commission Expires:Not Present Notary Public , 20 . Residing in County ,\`\\`\,C,A rDr+k T4)nted Name 5 ;scion Loy�.• STATE OF INDIANA ) NOTARY -v -_ PF}BL1C h: )SS: :3 SEAL •. � Fra o° o COUNTY OF HAMILTON ) "'�,'"'�°�°S�a e��•`'` Before me, a Notary Public in an f8V IY&lounty 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. st Witness my hand and Notarial Seal this day of PX' 203 My Commission Expires: I Lt p Notary blic jEilw-a a IZeSldillg •i COUnty k\5jsnlunj,,1 A.4.xo,y'%,printed Name Nov""',ssion STATE OF INDIANA } _ A1c Y - �•�?• ti SEAL COUNTY OF HAMILTON } J' ' �� ton c° %, Sl i7� .,iflq rE Oi F'iN0`��. Before me, a Notary Public in and Tor 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 1VI ommission Expires: day of 20 `i Notat ublic RocuSign Envelope 10:04372EEB-5867-4A05-9261-64610CF6A961 Residing in County STATE OF INDIANA )SS. COUNTY OF HAMILTON IC Printed Name ,',yyy141�11f17!!/�� } 4oQ A4-20,�Ftn�. NOTARY to Pusuc ac — SEAL ?� s,►, ''ton G° �X 'OEMs 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 QlWCM6X 20 a3 My Commission Ex i�res: . Wkd W a0il Notary ublic TT Residing in d6tU County Printed Name Docubign Envelope ID: 04372EEB-5667-4A05-9261-64610GF6A961 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 Docu5lgn Envelope ID: 04372EEB-58674AO5-9261-54510CF6A961 LXHIBIT "A" 60' GENERAL UTILITY EASEMENT INSTR.#2000-37006 LOWE'S HOME CENTER, INC. 10' NATER I IMF WARRANTY DEED INSTR.#2000-37C'06 ~ - IN$T.. @2000036996 �'"` ' L17 L / N90' OQ DO"F 216.37 fi ;� �, , ' j . 03 E 2 C;'�' P�jo'+`� � /,/ i - '• / i �/ / : .AREA 1 1.56 ACRES LJ mi o }i` //1', %,� /// "� •.�� /�% /L2 it U1 z L11 _ I I PARCEL 1 1 L15 _J 3.75 AC3 co W 1 i { PARCEL 4 W CO i.192 ACt r'7 MITE GREYHOUND, LIC O DEEM MST. O ST. T. #200 pacosoo9n4 OVERALL 10.01 ACL �\ L22 J L21 L19 o fl L5� w _ LINE TABLE NO. BEARING LENGTH L1 S00 00'00 E 18 17' _ L2 N90 00'00"W 169 48' L3 SOVV35"W 304.61' L4 S00`1937-W 74.73' L5 N89°49'07"W 28.00' L10 NOW1053"E 20.00' 1-11 N90'00'00"W 116.81' L12 SOMOTO"E 72,56' L13 N90°00'00"W 99.35, L14 N00°00'00"E 194.43' L15 SOO'01'47"W 61.03' L16 S00'00'00'E 17.97' 1 47 uan^nn'nn"w AQ RS' 0 130, 20C' L nd-ona Stote Plena 11"oord;ncite SySterr Ecist Lone Docu5ign Envelope ID: 04372EEB- 5857-4AO5-9261-5461 DGVBA961 EXHIE I LAND UESG_RIPTI-QN A part of the North Half of the Northwest Quarter o` 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 plot of u boundary retracement survey of said tracts certified by Wyatt Bower, PS# LS22200003 on November '8. 2022 as Schneider Geomotics project number 14754 (all references to monuments and courses herein as shown on said plat of survey) being more particuicrly described as follows: Commencing at a 5/8" rebor with "Schneider Firm — 0001" cap at grade, being the Northeast corner of said 10.01 ccre tract described to Kite Greyhound, LLC and recorded as Instrument 3Vumber, 2005009114, in the Office of the Recorder of Hcmiltan 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 Stute Plure Coordinate System — East Zone) ❑ distance of 61.03 feet; thence North 90 degrees 00 minutes 00 seconds West 95.97 feet; thence South 00 degrees 00 minutes 00 seconds Eest 18.17 feet; thence North 90 degrees 00 minutes 00 seconds West 169.48 feet; thPnre South 00 degrees 10 T�oinutes 35 seconds West 304.61 feet; thence North 89 degrees 51 minutes 05 seconds West 21.01 feet; thence South 00 degrees 10 minutes 37 seconds West 74.73 feet; thence North 89 degrees 49 minutes 07 seconds West 28.00 feet; thence North 00 degrees 10 minutes 37 seconds East 74.73 feet; thence North 89 degrees 48 minutes 44 seconds West 108.46 feet; thence North 00 degrees 10 minutes 53 seconds East 20.00 feet; thence South 89 degrees 49 minutes 07 seconds East 127.47 feet; thence North 00 degrees 13 minutes 36 seconds East 220.93 feet; thence North 90 degrees 00 minutes 00 seconds West 116.81 feet: South 00 degrees 00 minutes 00 seconds East 72.66 feet; thence North 90 degrees 00 minutes 00 seconds West 99.35 feet; thence North 00 degrees 00 min.�tes 00 seconds East 194.43 feet; thence North 90 degrees 00 minutes 00 seconds East 216.37 feet; thence North 00 degrees 10 min Ates 16 seconds East 21,46 feet; thence South 89 degrees 54 minutes 50 seconds Fosl, along said North 'line, 295.20 feet to the Point of Beginninq. Containing 1.58 ucres, more or less. S Prepared by r' N0. LS221D0006 7 STATE OF -I i -i, i .ii FL REGISTERED LAND SURVEYOR #LS22100006 jshinne-nanC@schneiaergeomatics.com Octobe- 4, 2023