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Home My WebLink AboutGrant of Perpetual SW Qlty Mgmt Easement - 4501 W 99th StDocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 t7 Me fr111XrAr JA,NiFs BRAINARD, MAY<)R December 12, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- 4501 W 99' STREET Dear Board Members: The property owners of Dreyer & Rienbold Racing located at 4501 W 99`h Street 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, ;27 Jeremy Kashman, P.E. City Engineer DEP.ARIAIV I"Of FAGI\FERIM, ONF CIAI, SIN'.ARF:. CARMEL. IN 46032 04--mir 317371.2•l-Il FAX U7371.2439 F \IAII rnginat•nnK�,•amkl.in.yria DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 Cross Reference to Deed: 2014-53564 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the DJ Reinbold Realty 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 construct a building addition on the Real Estate and, in connection with the construction, development and operation of the private storm system/water quality unit, 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 "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, 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, DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 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: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 Section 10. Authority. The undersigned person executing this Easement t'or and on behalf of Grantor rcpresen(s and warrants that he or she has been duly ttuthnriZed by Grantor to execute and deliver this Elisemenl, and that all actions. votes, approvals and/or restrictions necessary to allow the cxeculion and delivery of this Easement have been undertaken. By: j^6d1�1 Printed Name Da(e: I1 �2 * -20 �._ STATE OF INDIANA ) )SS; COUNTY OF IIt' MILTON ) Before me, a Not• Public in and tt)r said County and State, personally appeared von, S . 1;6 col who acknowledged execution of the foregoing Easement for and on behalf of A vA al ec.% , _ Witness nt4 hand and Notarial Seal this J Xly Commission E\pires: Residing in !aP?4,;?-Te/y' County 41 day of OuemJ�je�_. 2023. Notary Public Printed Name WANDA t.AMUN • tit-��t. Commyssion Number M2459 :R a, My Commission Expi(es May 18, 2024 DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST: DocuSnigoed by: James ralnard, Mayor Date: 12/20/2023 Docusgiatl by: Atiiv,1t, Mary nn urke, Member Date: 12/20/2023 DocuSigiwd by: Lorl Watson, Member Date: 12/20/2023 DocuSig-d by: 5.c. "V. j Sue o gang, Clerk Date: 12/20/2023 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) ��II11111111f// 6c'�GA' D' KO/z •`00�.04-20,? +Q1.. NOTARY �10 :n PUBLIC a: 3 SEAL m= � .+ ton i�1/1qT� O F IND�P``�� ////ffu n 11l 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 OZ D"" day of , 20 ZI3 r M I sioa E xPires: Not Public Resl ing i County 01mica �. DTmo Printed Name DocuSign Envelope ID: AAEA7A5C-DA6343C9-A4AC-A8BF3EEF4D38 SDI r1coy'/,, NOTARY = icy PUBLIC ^; .� SEAL �, o ilto0 G �1Q•' STATE OF INDIANA ) �'�•�sT' °,,^ NumbOt•'�P?�� 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 a M mmis ion Expires: Residing L4)��(I,�County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 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 �� day of 20-a3 M ommission Expires: Notar ublic Jk: —I Y J ResiJmAjk.r�u' County(4$ Printed Name ��ttttn i r r r�rirll, 6D'KQ41'''% 2a�4e m NOTARY PUBLIC ^; .3 SEAL �� M ?,a�e,?ilt. CoJe�?Q~ Q �� Number E IOF, `NO\P�� DocuSign Envelope ID: AAEA7A5C-DA6343C9-A4AC-A8BF3EEF4D38 �` 5 fission A �� ` O V •: .° BEAt. w _ STATE OF INDIANA )SS: s'et CO COUNTY OF HAMILTON ) T ' •��iqT IDF11NQ\\P``�\` 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 OQV� day of , 20 M , .ommis ion Expires:AA I If ` AV S1 - Notar ublic Residing in 1 �`Il, County SS 1 Printed Name 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: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38 OVERALL PROPERTY DESCRIPTION LOTS 1-A BLOCK 1 AND 1-13 BLOCK 1 IN THE REPLAT OF LOT 1-BLOCK 1 OF THE SECONDARY FINAL PLAT FOR MAYFLOWER PARK, AS PER PLAT THEREOF RECORDED MAY 25, 2004 AS INSTRUMENT NO. 200400035414 IN PLAT CABINET 3 SLIDE 409 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. 20' BMP EASEMENT DESCRIPTION THAT PART OF LOTS 1-A BLOCK 1 AND 1-B BLOCK 1 IN THE REPLAT OF LOT 1-BLOCK 1 OF THE SECONDARY FINAL PLAT FOR MAYFLOWER PARK, AS PER PLAT THEREOF RECORDED MAY 25, 2004 AS INSTRUMENT NO. 200400035414 IN PLAT CABINET 3 SLIDE 409 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1-A BLOCK 1; THENCE SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 1-A, A DISTANCE OF 10.21 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST CONTINUING ALONG SAID EAST LINE 20.00 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 28 SECONDS WEST, DEPARTING FROM SAID EAST LINE, 188.88 FEET; THENCE SOUTH 00 DEGREES 39 MINUTES 32 SECONDS WEST 477.75 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 28 SECONDS WEST 197.98 FEET; THENCE NORTH 48 DEGREES 53 MINUTES 14 SECONDS WEST 98.72 FEET; THENCE NORTH 41 DEGREES 06 MINUTES 46 SECONDS EAST 20.00 FEET; THENCE SOUTH 48 DEGREES 53 MINUTES 14 SECONDS EAST 91.35 FEET; THENCE SOUTH 89 DEGREES 20 MINUTES 28 SECONDS EAST 170.61 FEET; THENCE NORTH 00 DEGREES 39 MINUTES 32 SECONDS EAST 477.75 FEET; THENCE SOUTH 89 DEGREES 20 MINUTES 28 SECONDS EAST 208.65 FEET TO THE POINT OF BEGINNING. PREPARED June 1, 2023 SPACECO, INC., cbl NAProjects 2022\12119 - INDY\SURVEY\DOCS\LEGAL DESCRIPTION.docx EXHIBIT DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-A8BF3EEF4D38