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96th Street- Wood AssociationCross Reference to Deed: 2014-25400 2015036615 EASE $24.00 07/17/2015 09:10:19AM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented III 1111100II111111111IIil 1111111111l1111IIlII1111111111H GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT APPROVED -SM. This easement") is by and between the Wood Association Court, RE, 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 and operate on the Real Estate and, in connection with the construction, development and operation of the stormwater quality system 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 I. 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 Exhibit "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, constructed wetlands 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 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. 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. STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) By 2 Ci "_` b:A. S. 11, CAu9Lc. Date: S -f3 -is ANNETTE K BUTLER SEAL Notary Public, State of Indiana My Commission Expires April 28, 2021 Before me, a Notary Public in and for said County and State, personally appeared I \/((q CA(.4t3LE, , who acknowledged execution of the foregoing Easement for and on behalf of u0oD ASSOC(AT/ON COURT, P�, L.Q.C. Witness my hand and Notarial Seal this /Os' rt day of /lAy , 20 /5 CNotary My Commission Expires: PRI z_ 2', zoz/ Residing in ` 7140-7-0,Aj County ATTEST: ->ttiv,&TA ung Printed Name CITY OF CARMEL BOARD QF PUBLIC WORKS & SAFETY es Brainard, Mayor Date: ���� 5 Sandra M Johnson Deputy Clerk For ane L,. C d rc/ Diana L. Cordray, TAMC, Clerk -Treasurer Date: 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 My Commission Expires: ¥//7/, 7 day of jful `f , 2015 J Notary Public Residing in t-iu-Mtk l'\ County C Ann bGs/ ( s STATE OF INDIANA )SS: COUNTY OF HAMILTON ) 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 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 5 day of ) My Commission Expires: (� • a- J/,r/A 7 Notary Public Residing ink{Of County STATE OF INDIANA )SS: COUNTY OF HAMILTON ) C AnnDi»5 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 My Commission Expires: -V/i?/i7 Residing in . St\,(1 County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 15 day of 1�� Notary Public C Ann 13-\/lS Printed Name Before me, a Notary Public in and for said County and State, personally appeared Diana L. Cordray, IAMC the Clerk Treasurer of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana. Witness my hand and Notarial Seal this 15 day of „ 20 I-5- My s My Commission Expires: ///if/i�7 Residing in . Istel County C Notary Public C Ann S Printed Name Pursuant to IC 36 -2 -1I -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 — Douglas C. Haney Prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, IN 46032 Retumto: C i of Ce(MnA \Q.(( IN2CtSWEr 11 V3ak,Vnnmgkk Iliawie Na��.'ieNi an Var SIAS v'ic Rmir\IJoer EXHIBIT "A" EASEMENT DESCRIPTION Part of the South Half of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of said Half -Quarter; thence North 00 degrees 10 minutes 48 seconds West (assumed bearing) 980.11 feet along the East line of said Half -Quarter; thence North 90 degrees 00 minutes 00 seconds West 30.00 feet to the point of beginning: thence continuing North 90 degrees 00 minutes 00 seconds West 117.85 feet; thence North 00 degrees 20 minutes 59 seconds East 35.83 feet; thence South 89 degrees 42 minutes 16 seconds West 293.10 feet; thence South 47 degrees 44 minutes 31 seconds West 23.20 feet to a point on a non-tangential curve having a radius of 50.00 feet, the radius point of which bears South 68 degrees 01 minutes 26 seconds West; thence Northwesterly along said curve an arc distance of 20.37 feet, the chord of which bears North 33 degrees 38 minutes 47 seconds West 20.23 feet; thence north 47 degrees 44 minutes 31 seconds East 27.83 feet; thence North 89 degrees 42 minutes 09 seconds East 301.01 feet; thence North 00 degrees 20 minutes 59 seconds East 49.33 feet; thence South 89 degrees 59 minutes 50 seconds East 116.88 feet; thence South 00 degrees 10 minutes 48 seconds East parallel to said East line 105.15 feet to the point of beginning, containing 0.43 acres, more or less. EXHIBIT "B" S89159'S0E w N%1 OCJ O 0 N89'42'09"E J 301.01 S89'42'16"W 293.10' 80 VI CO 0 rl O 16.88' 0.43 ACRES +/- N90'00'00"W 0) O 0 m 117.85' 1 30.00' POB EASEMENT 80 SE COR S OF SW } OF S8-TI7N-R4E 160 V j ROGER WARD ENGINEERING INC O R P O R AT E D 7474 NOEL ROAD Indianapolis, IN 46278 (317) 251-1738 (Fax) 251-1923 PROJECT NAME: TOM WOOD MANAGEMENT PLAN SCALE: 1" = 80' DATE: 05-07-2015 DESCRIPTION: DRAINAGE (Sc BMP EASEMENT EXHIBIT "B"