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Home My WebLink AboutEASEMENT - The Bridges Grant of Stormwater - 20230435342023043534 EASE $25.00 11/16/2023 11:41:04AM 8 PGS Trini Beaver Hamilton County Recorder IN LLP Recorded as Presented DocuSlgn Envelope EU: 56AA3098-2BAE-4646-ULL6-U86066D3CBAE 111111111111111111111111111111111111111111111111111111111111111111 II Cross Reference to Deed: 2021-68667 GRANT OF PERPETUAL. STORM WATER QLiALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the Bridges Apartments I.1,C, (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 build S multifamily buildings 6 detached varaues and.. clubhouse on the Real Estate and, in connection with the construction, development and operation of the private storm sewer, the City has approved or will approve a Storm Water Management Pennit (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 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. Easem ent 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 "Easement Area"). Section 2. Storm Water Quality Syst,en. located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm .eater 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. Section 3. Purpose of Easetnent. 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 Ref air. It shall be Grantor's obligation to maintain in proper working order and to repair and/or replace the Sturm Water Quality System, or parts thereof, DocuSlgn Envelope !D: 56AA309B-2BAE-4646-8EE6-DB6056D3CBAE such that (i) the effectiveness and perforiance 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 QualitLS}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, 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 OtherEasements. 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: 56AA308B-2BAE-4845-8EE6-D86066a3C8AE Section 10. Autho *tN. 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. By: Bridges Apartments, LLC By: Cityscape Bridges Apartments, LLC, its manager By: Ascent Investment Holdings, LLC, as manager By: Derrick Cranor, manager i Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON, ) Before rne. a Notary Public in and for said County and State; personally appeared ^CA 0, .6�l _s _ w� s it acknowledged execution of the foregoing Easement for and on behalf of kk O�Y�'�S LLC✓ Witness my hand and Notarial Seal this day of C Ob 20 Z. My Commission Expires: Residing in Notary Public County Nuau n Printed Name 4 ❑ocu5ign Envelope ID: 56AA309B-213AE-4646.BEE6-178506603C8AE CITE' OF CAR' EL BOARD OF PI;`BLIC WORKS & SAFETY ATTEST: STATE OF INDIANA COUNTY OF HAMILTON James Frainard, klayor Date. 11/15/2023 ,-OocuSignPd by:: Mary Ann Burk:, iLlember Date: 11/15/2023 DocuSign€d by, i LoriVaatsoMember Date: 11/15/2023 .--...-Docusigned by: n rr� 3��rIANMU _ ._..._ _...d_.... — -- . _. _ _ Sl CVO an r'lerk ,vi�ststtit1)irrrrr!!!� En R A r n pt)SLIC SEAL ll [date: II/1,5/202 3 )SS: Before me, a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Cannel, 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 My Commission Expires: Residing ii County 1J* day of Not, rt�j Public Printed Name , 20d3 Docu5fgn Envelope ID: 56AA309B-2BAE-4646-SEE6-D86066D3C8AE �lFJ,4 if STATE OF INDIANA } AL a )SS: 0 'ton COUNTY OF HAMILTON 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. Witness my hand and Notarial Seal this 1 day of _ 20 My Commission Expires: a_ .— --- Residing ii County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Nota)y�u'blic SS icc3l . Printed Name 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 M . `ommission Expires: Residing 1 County j day o1 20),3 -- f�1 Notary blic Printed Name �y1\tiy+�lll#YI 4eetil�\�A` �.:r�Ad�f�it a? � v r> PISBO � _ o SEAT. w a4cu5ign Envelope ID: 56AA3096-2BAE-4646-8EE6-086066U3C8AE STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Cannel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this N day of J_ _ _„Tf' _ _ _ . 20 a�> MV.Commission Expires: Residing i i County Notary ublic Printed Name t l,,asitlitrrrr�i� �' yk o A NO TARP `y pUBLIC ee a SEA L 1a > Numba e�4 F, ti N 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 docurnent, 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, Cannel, IN 46032 DoouSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE LEGAL, DESCRIPTION 15' BMP & Access Easement A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East of the 2°d Principal Meridian, Hamilton County, Indiana, described as follows: COMMENCING at the southeast corner of said half quarter section; thence South 88 degrees 57 minutes 32 seconds West 310.02 feet along the South line of said half quarter section (assumed basis of bearings) to a southwestern corner of that 4.530 acre tract described in Instrument Number 2013003752; thence North 01 degree 08 minutes 28 seconds West along a westerly line of said 4.530 acre tract, 50.00 feet to the northerly right-of-way of 1 l I th Street; thence South 88 degrees 57 minutes 32 seconds West 230.41 feet along said northerly right-of-way to the southeastern corner of that 12,493 acre tract described in Instrument Number 2021068667; thence along the eastern boundary of said 12.493 acre tract to the northeast corner thereof, the following four (4) courses 1) thence North 01 degree 02 minutes 28 seconds West 54.36 feet; 2) thence Northwesterly 200.49 feet along a tangent curve to the left having a radius of 262.50 feet and subtended by a long chord having a bearing of North 22 degrees 55 minutes 19 seconds West and a distance of 195.66 feet; 3) thence Northwesterly 185.96 feet along a reverse curve to the right having a radius of 237.50 feet and subtended by a long chord having a bearing of North 22 degrees 22 minutes 20 seconds West and a distance of 181.24 feet; 4) thence North 00 degrees 03 minutes 30 seconds East 451.84 feet to the northeastern corner of said 12.493 acre tract; thence North 89 degrees 55 minutes 59 seconds West and a distance of 36.00 feet along the north line of said 12.493 acre tract to the northwest corner of that BMP and Access Easement recorded as Instrument Number 2022051647; thence South 00 degrees 03 minutes 30 seconds West and a distance of 238.91 feet along the west line of said BMP and Access Easement to the POINT OF BEGINNING of this description: thence South 00 degrees 03 minutes 30 seconds West and a distance of 15.00 feet continuing along said west line; thence North 89 degrees 56 minutes 36 seconds West and a distance of 15.00 feet; thence North 00 degrees 03 minutes 36 seconds East and a distance of 15.00 feet; thence South 89 degrees 56 n-tinutes 36 seconds East and a distance of 15.00 feet to the POINT OF BEGINNING and containing 0,005 acres, more or less. EXHIBIT 'A' l OF 2 DocuSign Envelope I[) 56AA3ouB-2BAE-4546-BEE6-L)86U66C)3C8AE 500,03,30"W-\ 238.91' P. 0 ' B S89,56,36-E- N00*03'36'E 15. 0 0' N89'56'36"W- ME 20.00' 0-- -41 E.isti—g 15' EIMP & '-Access Easement II Inst. N,. 2022051647 N89*55'59"W 36.00, SCALE: I"=150' ---N00'03'30-E 451.84' S00,03,30"w 15.00' R = 237.50' L = 185.96' Owner: Bridges Apartments LLC. Tax Parcel 29-13-02-000-001.017-018 S. Line W J. NW} W. 111th Street loo' Public R/W .SW CDR, NW4, SEC. 2, T17N, R31E 588*57'32"W 230.41' NOI-02'28"W 50.00' 15'BMP & W SiW66TUREPOINT ACCESS EASEMENT EXHIBIT EXHIBIT W2 OF 2 R = 262.50 L = 200-49' N01"02'28"W 54-.36' S88-57'32"W--' 310.02' SE CDR, Wa. NWJ, SEC- 2, T17N, R3E T, —�Al SHEET ChIlkId By T� M�111 1 OF I Job No.: 2021.0009A