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Home My WebLink AboutEASEMENT - Chantz & Cassie Miller - 13065 Clay Ctr Rd - 2023042218FDS 2023042218 EASE $25.00 11/03/2023 02:46:28PM 6 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II I I II III III II pow5i9n Envelope tD: 25871783-397A-4DS4-A3EA•553r47642a67 Cross Reference to Prior Deed of Record: Instrument No. W 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 [bouseI (the "Project"). The required Easement is over a portion of the Grantor Parcel (herein referred to as the "Easement Area'), 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 Obligations, This Easement is hereby designated and restricted as a `ho- 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 Community Services Director or his/her designee. Turf grass shall not be planted or maintained in this Easement, nor shall fertilizer, herbicide or insecticide of any type be applied. Native plants shall/be maintained. Up to ten percent (10%) of the entire boundary with the stream may be managed such that access can be Created With Tiny Scanner DocuSign Envelope 10: 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 lAC 15-5, as amended. Grantor shall allow access to the Easement Area and surrounding area for any required maintenance, repair, replacement, service and updates. • Rights 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). Created With Tiny Scanner 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. + Camplete 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: t�: + Printed: 6AM4` 1— 1. L . FIG i.Alc� Title: Awry Q � M ''" ' Created With Tiny Scanner DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642887 • GRANTEE CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Not present James Brainard, Mayor Date: NSA E Burke, Member Date: 10/18/2023 F- -I- I; 03dlok one" Walson, Member Date: 10/18/Z023 ATTEST• -gr"b: Sue Wolfgang, Clerk Date: 10/18/2023 4 Created With Tiny Scanner Docu5lgn Envelope ID: 25871783.397A-4D54-A3EA-553F47G42887 STATE OF INDIANA SS: COUNTY OF - t ) Before me, a Notary Public in and for said County and State, personally appeared t"_ h ,Mill he Grantor, and who, having been duly sworn, acknowledged the truth and herein and the execution of the foregoing Agreement. accuracy of the representations made Witness my hand and Notarial Sea] this 19t- day of JV&V&MkAt- 207-2. My commission expires: Notary lic I am a resident of „�4� du County, Indiana PrimrNolary a �e Amy s Rldsnour Puu"M 8#&l itch of fadlana NoWe 1. County COMMl/rlon HY0*VN►Qr 3630 4y 4wrarJ»Io1 [:pUu tas noso STATE OF INDIANA ) } SS: COUNTY O ) 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 LoyF ),4,,'tcCk&acy of the representations made herein and the execution of the foregoing Agreement. AeAL SUe Wa Witness my hand and Notarial Seal this day of 20 aI C . My commission expires: Not Public I am a resident of County, Indiana SS 1 2 ) lw'o— 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 ' O fr• ssion .4'>F �a ROTARY ®_ n pUBLIC i P 6Fa 4N®" �0'01 1111110 Created With Tiny Scanner 1. 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