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Home My WebLink AboutEASEMENT - Grant of Perpetual SW Qlty Mgmt Easement - 10402 N. College Ave.DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 CITY OF CARMEI, JANIFS BRAl\ \HI>. MAYOR November 28, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT-10402 N COLLEGE Dear Board Members: The property owners of Rosie's Gardens located at 10402 N College Ave have requested the city accept a Grant of Perpetual Storm Water Quality Management Easement associated with construction of a proposed expansion to the existing business. 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 iwic;nl; �rvri,(.�Hm.I� ii�sl�? �hrrl il'; I.Ifil Al— ;—l201) DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 Cross Reference to Deed: 2023-12241 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between Parknorth II, 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 develop the Real Estate and, in connection with the construction, development and operation of the private stormwater system, the City has approved or will approve a Stomt 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 fonlh 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 heal 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 Exhibit "A" (the "Easement Area"). Section 2. Storm Water Quality Sim. 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, 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 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 DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 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 ether 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 Caramel, 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: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 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. Parknorth I, LLC By: Lawrence K. Hughes, Manap.,er Printed Name Date: ! / / 7' Q- 3 GABRIELLE KUMAR STATE OF INDIANA ) NOTARY PUBLIC - SEAL )SS: STATE OF INDIANA COUNTY OF HAMILTON COMMISSION NUMBER NP0733307 MY COMMISSION EXPIRES APR. 26, 2029 Before me, a Notary Public in and for said County and State, personally appeared who acknowledged execution of the foregoing Easement for and on be alf / Ho«rd of Bh(b 'Doi k6 f— Sda- - Witness my hand and Notarial Seal this My Commission Expires: Residing in Mnri o(_County day of 20Z?j NotaTy Public Cw,,kt7;�e (� — [(,,, � r Printe Naine DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSigned by: ^ `� James ar rain , Mayor Date; 12/6/2023 S gned by: Mary m ur eNember Date: 12/6/2023 DocuSigned by: (,an �a 611A, Lori a son, ember Date: 12/6/2023 ATTEST: DocuSigned by: s� Fwot Sue o gang, .lark Date: 12/6/2023 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 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 Dy-6- , 20 a 3 My Commission Ex ires: L OL` Not Public yolssion 04-203F+,per NOTARY PUBLIC v: ai :3SEAL oC SCQo'Q,: ? ti DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 Residing in 71N�County STATE OF INDIANA ) )SS: COUNTY OF HAMIL`fON ) Jessica Printed Name Before me, a Notary Public in and for said County and State, personally appeared Mary Ann Burke, a member of the City of Cannel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness ray hand and Notarial Seal this '_ day of entber , 20a3 My C unissio i Expires: LA . d C) Nota Public `\\\��A iD►�r�ii�� J �_ C K Residing in ` -County STATE OF INDIANA )SS: COUNTY OF HAMILTON 11 ' �`��\lV� �jissio/1 O7'lp�iii )P Printed Name - m NOTARY PUBLIC Z: Ei SEAL �i,�Sl,. o� Numbed •'.•�'\\�� 1S OFI; N�� Before me, a rotary 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 _ to4� _ day of I ece-mber , 20_3 My mmission Expires: 0 Nota Public Residing i11'�l2_Cottnty Printed Name NOTARY PUBLIC ;3 ti SEAL ^�: _ i �• o � �E�OfIMN0�P\\` DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 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 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 _ 0-It day of ec _ , 20, My Commission Expires: �— _ Notary 0blic Residing it County (olp�� 1 C�__� Printed Name ..... KO �� 5 fission A �i P�Ry BLIC m; :3 SEAL as �hton Number 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 DocuSign Envelope ID: 3C2AC1AO-352E-4C87-8ACB-016FB5EE24A8 EXHIBIT "A" mmWWApw a. m - map - W+ E POINT OF COMMENCEMENT" NE COR., NE 1/4 SEC. 11- T17N-R3E BERNSTEN MONUMENT FOUND •p,• ,. _ •r PER HCSO TIES MIS y 4 MIS 2l w a "S PARKNORTH 11, 1 i.c INST.A2027012241 IN89'06'15E 123.92' 6 1, LOT 31 j'Y N89'44'321V 40.11' LOT 15 [t zr4 ; <E 4 � LOT31 Of,�{r7NNiNG AR MTH CAP 'WE1HE 0012" .PROPOSED SW EASEIIENI Q91 ACM 3993 SQ FL THY LOT 36 DNUT A PART OF HARRY a0W8tK8 NORTH RODE ADORDN. A SUODF SION IN FMMiTON COUNTY, INOWN AS PEA PLAT THEREOF, RECORDED IN DEED RE.CORD 121, PAGES 400401 N THE OFFICE OF THE RECORDER OF HA►M-TON COUNTY. NDI N& AND LOCATED N TIE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWtaW 1T NORTH , RMYiE 3 EAST OF THE SECOND PRINOPAL MERIDIAN. MOPE PARTICULARLY DESCRIBW AS FOU.0ft. COMIANONG AT THE WITtEAST GORIER OF SAX) QUARTER; THENCE "NO THE EAST LINE OF SAO OUARSER SOUTH OD DEGREES 13 MINUTES 07 SEDOIOS WEST (BEARINGS ARE ORIO SATED ON THE STATE ITAItE CO0RDINATE SYSTEM. NOMNA EAST DONE QV0SXWII))1 150YA0 FEET: THENCE SOUTH M DEGREES 22 WNUTE3 00 SECONDS WEST 43.00 FEET TO AN IHOH PIN VMH GAP STAWED ' EIHE ETtOR 0D12' AT THE SOUTHEAST CORNER OF LOT 29 N WM AOOITM ALSO BEND THE POSIT OF SE= 0; THENCE ALONG THE SOUTH LNE OF SAID LOT, THE SOUTH LINE OF LOT 36 IN SAID AD NTM SOUTH w DEGAM 22 MINUTES 0• SECONDS WEST 2010 FEET: THENCE NORTH 00 DECREES 12 MITES 07 SECONDS EAST W32 FEET: THENCE NORTH w DEGREES 44 WRITES 02 SECONDS MAT 4111 FEET: THENCE NCWH 00 DEpAf3rS u MINUTES 45 SECONDS WEST S5.W F M; ThrNCE NORTH w OEGREED 00 MM W 10 SECONDS EAST 123.92 FEET: THENCE SOUTH 73 DEGREES 23 UMME3 44 SECONDS EAST W2?4 FEET; TH E NM NOITTH 00 DEGREES 63 hW#JTFS 40 3ECONO3 WEST 3031 FEET: THENCE NORTH w DEGREES 00 MNUT" 01 SECONDS EAST T7.02 FEET TO THE NEST RIGHT-OF-WAY LIE OF COLLEGE AVENUE: THENCE ALONG SAHH NEST EYE SOUTH 00 OE(iiEES 13 LU UTES 07 SECONDS WEST 161.46 FEET TO THE POINT OF SEO/rgfG, CONTAINING 011 ACRES (9 M SO- NTH. MORE OR LEM ROSIE'S GARDENS PAGE 1 OF 1 Uld WEIHE ENGINEERS Tn SE. COR, NE 114, SEC. 11. T17N, he1f RAILROAD SPIKE FOUND THIS DRAWING 10 NOT INTENDED TO BE REPRESENTED AS A RETRACDAENT, ORIGINAL BOUNDARY BURLEY. A ROUTE SURVEY, OR A SURVEYOR LOCATION RIYM. 10402 N. COLLEGE AVENUE, CARMEL, IN DATE: SEPTEMBER 29, 2023