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Home My WebLink AboutRecorded Grant of Perp. Stormwater Quality Mgmt. Easement - DJ Reinbold Realty LLC2023047850 EASE $25.00 12/21/2023 11:40:33AM 8 PGS Trini Beaver Hamilton County Recorder IN DocuSign Envelope ID'. AAEA7A5C-DAE3-43C9-A4AC-ABBF3EEF4D38 Recorded as Presented II II II II II II II II III II I II EIC 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 constriction, 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 S}_stem. 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 Ref?air. 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 11D, AAEA7A5C-DA63-43Cg-A4AC-ABBF3EEF4D38 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 Stonn Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Oualit� S` 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 b� Grantor and Other Easements. Grantor shall be pennitted 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 g. 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 or Cannel, 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: AAEA7ASC-DA83-43C9-A4AC-ABBF3EEF4D38 Suction 10. Authorrte`, 111c Undersigiwd perStxl exe-cutint; ih;s F asement tier and on behalf of O antor ruprocnts and warranis that he Or she IULS linen dull, authorize(I by Orantor to execute aatd jcliver this F asemeni, and that all actions, votcs, approvals andklr restrictions t:cccssan' to t11iow the execution and delivery of this L:ascnicnt have been tindcrlaken. QC�.�,ty �ei+vbolcl Printed Name Date: 111 STATE OF INDIANA } )SS: COUNTY OF IlAMILTON } Bel'bre ;ate, a Licit y Public in and iur said Cowl) owl)' and State, }acrsolaally eaF�;earccI trlr�, who acknowledged execution of the form -;ding Filscttacnt for and on twhalf of tin hoick e-AHy LLCf Witness im hand and Notarial Seal this ) ,tl} Corttntissia�tl E�xpires: Residing in fl,7 O/vi Catutty 201 i r f: r - Notary Puhlic Printcd Name r f / y WAINDA LAM( — * ti Fer51 Comm;ss.'onNutrleer0682459 r"'r My Commission Expires May 18, 2024 DocuSign Envelope ID: AAEA7A5C-DA63-43C9-A4AC-ABBF3EEF4L)38 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ATTEST; Janes r mard, Mayor Date: 1212012023 Mary / till ivirke, Member Date: 1212012023 LoraI'viember Date: 1212012023 Sue` ol gang, Clerk Date: 1212012023 S1 ATF, OF INDIANA )SS: C'OUNTY OFHAN111- VON ) }4i I I I i I I ji/1110 A.D�ko -0- 4 - 2 37}„ Z N 0 PUBLIC SEAL pew .9x Z "ton fJ "0 Ajum be' F 11111111m%0� `�'Before me, tj Notary Public in and for said COMM alid State. personally appeared James Brainard. a member of the City of Carmel. Indiana lioard of Public Works & Safety and acknowledi,cd execution 4 the foregoing L'asement for and on behalf of City of Carmel, Indiana Board of Ptjhlic Works & Safety. Witness my hand and Notarial Seal this c� ( IMINA,ommission Expl,res: j.1 Printed Name DocuSign Envelope ID: AAFA7A5C-DA53A3C9-A4AC-A8BF3EEF4Dn tlf, _ 9 STATE OF INDIANA )SS:F. 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 day of , 243 MV )mmission Expires: k1- 4, � � �� Notar IPublic _ r i Residing County wj\ m C a Printed Name 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 Cannel, 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. l� Witness my hand and Notarial Seal this —C day of 24 a3 M'ominission Expires. !, r�p{ j Notar 'ublic i r Resi in it County cSS ICE J—) Printed Name jDi t�rrIf,rr'f� %$ Ion A i o a NOTARY PUBLIC SEAL ®: DocuSign Envelope 0 AAEA7A50-DA6343C9-A4AC-A8SF3EEF4D38 < r4r) RY 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 band and Notarial Seal this C9e day of - .20 .3 Mr 'ornmission Ex sires: NOr� Notar 'ublic O3Yl Residing rn r _ CoCounty'`� �_ —e-55.1 C43 Printed Name ` Pursuant to IC 36-2-11-15(b)(2), I affirm, tinder the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by lavv — Jon Oberlander, Esq. Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.1., City Engineer. One Civic Square, Carmel. IN 46032 DocuSign Envelope tD: AAEA7A5C-OA63-43C9-A4AC-ABBF3EEF4D33 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 1-13 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 N0, 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 N:\Projects 2022\12119 - IN0Yr SURVEY\DOCSILEGAL DESCRIPTION,docx s ,� Doc.S,g. E—I.p. )Dz AAEA7A5C-E)A63-43C9-A4AC-A8BF3EEF4038 fj 'If 131 1 Oil ri IEIIIIIIL LLJ ------- ------ - ----------- -------- ------------ -----