HomeMy WebLinkAboutWood Subaru RE/Perpetual Maintenance Stormwater Repair AgreementCross Reference to Deeds
Instrument Nos. 201242505 & 201242508
APPROVED
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PARKING LOT STORMWATER DETENTION
PERPETUAL MAINTENANCE AND REPAIR AGREEMENT
This PARKING LOT STORMWATER DETENTION PERPETUAL MAINTENANCE
EASEMENT AND REPAIR AGREEMENT ( "Agreement ") is entered into and effective this
day of April, 2014, by and between Wood Subaru RE, LLC ( "Owner "), and the City of
Carmel, Indiana by and through its Board of Public Works and Safety ( "City ").
RECITALS
The Owner has submitted plans to the City to re- develop a parcel of real estate which
is more particularly described in Exhibit "A ", attached hereto and made a part hereof
( "Owner's Parcel "). The plans for stormwater drainage ( "Plans ") on the Owner's Parcel have
been approved by the City subject to the execution of this Agreement to provide for: (1) the
perpetual maintenance and repair of that portion of the Owner's Parcel which will be used for
the detention of stormwater and which is more particularly described and depicted in Exhibit
"B ", attached hereto and made a part hereof ( "Stormwater Easement "); and (ii) to ensure that
the Stormwater Easement will detain and release stormwater in accordance with the Plans.
Since the purpose of the this Agreement is to assure the perpetual maintenance and
repair of the Stormwater Easement, this Agreement is a covenant running with the land and is
binding on all subsequent owner and assigns of the Owner's Parcel.
Therefore, in consideration of the premises, the following covenants and conditions, and
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Owner, for itself, its successors and assigns in fee simple title to the Owner's Parcel
(collectively hereinafter referred to as the "Owner ") hereby agrees to maintain and
to repair, as necessary, the Stormwater Easement and all equipment and facilities
appurtenant thereto in good condition and in compliance with the specifications
set forth in the Plans.
2. Owner will not make any improvement within the Stormwater Easement or make
any other modification to the Stormwater Easement which may have a material
impact upon the volume or capacity of stormwater to be detained, which may
have a material impact on the release of stormwater or which otherwise causes
the Stormwater Easement to no longer conform with the Plans.
3. In the event of any possible or threatened default or violation of this Agreement,
as determined by the City Engineer, the City will give written notice to the Owner
at the address set forth herein or, in the event that the City does not have a
current address on file pursuant to this Agreement, at the current address on file
with the Treasurer of Hamilton County, Indiana for real estate tax purposes.
Owner will have ten (10) days to respond to the City concerning any possible or
threatened default or violation of this Agreement. Owner will immediately
commence and continuously act to cure any default or violation or respond to
prevent any threatened default or violation.
4. Owner reserves and retains:
(a) the right to landscape areas and to construct improvements within
the Stormwater Easement provided that the capacity and function
of the Stormwater Easement is not materially affected;
(b) the right to install utility lines and facilities in, on, or under the
Stormwater Easement; and
(c) the right to otherwise use the Stormwater Easement for such other
purposes as the Owner may desire, provided that such use is not
inconsistent with, and does not interfere with or materially impair
the capacity or function of the Stormwater Easement.
5. Owner agrees to indemnify and hold the City harmless from any damages, claims,
fines, costs or other liability arising out of the approval of the Plans or the use of
the Stormwater Easement for stormwater detention.
6. This Agreement will run with the land and shall inure to the benefit of, and be
binding upon, the parties hereto and all persons claiming under them, in
perpetuity unless terminated or amended as provided for herein.
7. Any notice or other document required or intended to be given to any party
under the terms of this Agreement shall be in writing and shall be deemed to
be duly given if hand delivered, if deposited in the United States mail, marked
certified or registered, return receipt requested, postage prepaid, or if sent by
commercial courier service (e.g., Federal Express or UPS), addressed to the party
to whom notice is to be given as follows:
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Owner:
City:
Wood Subaru RE, LLC
303 E. 98" Street, Suite 201
Indianapolis, Indiana 46280
Attn: Jeffrey I. Wood
City of Carmel
Engineering Department
One Civic Square
Carmel, Indiana 46032
Either party may change its address by notice to the other party in the manner set
forth above.
8. The forbearance or waiver by any party of a breach of any provision of this
Agreement shall not operate as or be construed to be a waiver of any continuing
breach or subsequent breach of this Agreement.
This Agreement shall be construed in accordance with, and governed by, the laws
of the State of Indiana.
10. This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all prior agreements (whether written or oral),
representations and understandings of the parties relating to the subject matter of
this Agreement.
11. This Agreement may not be amended or terminated except by an instrument in
writing duly executed by both parties and recorded in the Office of the Recorder of
Hamilton County, Indiana
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW
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IN WITNESS WHEREOF, the parties
the date first written above.
Wood Subaru RE, LLC
An Indiana limited liability company
By:
143 M. Wood
Its Manager
have executed this Agreement to be effective as of
City of Carmel, Indiana
An Indiana municipal corporation
By: City of Carmel Board of Public Works and
Safety
J
LA-7
mes Brainard, Mayor
4
Mary A Burke, Member
Lodi- Watson, Member
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said county and state, personally appeared
Jeffrey I. Wood, who being first duly sworn by me upon his oath, stated that he is the Manager
of Wood Subaru RE, LLC, he is duly authorized to execute the foregoing Agreement on its
behalf, acknowledged that the statements or representations contained herein are true, and
acknowledged the execution of the foregoing Agreement for and on behalf of said limited
liability company.
Witness my hand and Notarial Seal this 27 day of MARS -I4 , 2014.
ANNETTE K BUTLER
< SEAL
Notary Public, State of Indiana
My Commission Expires April 28, 2021
My Commission Expires:
4PR/4 28, 202/
NOTARY PUBLIC
Printed: A t/,1/ TT, {i &ITLL
My County of Residence:
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5
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said county and state, personally appeared James
Brainard, Mary Ann Burke and Lori Watson, who being first duly sworn by me upon their oath,
stated that they are the duly elected and appointed members of the City of Carmel Board of
Public Works and Safety, they are duly authorized to execute the foregoing Agreement on
behalf of the City, acknowledged that the statements or representations contained herein are
true, and acknowledged the execution of the foregoing Agreement for and on behalf of the
City.
Witness my hand and Notarial Seal this , l day of Atli! , 2014.
SANDRA M. JOHNSON
NOTARY PUBLIC — INDIANA
y Comm. Expires Aug. 31, 2018
My Commission Expires:
NOTARY PUBLIC
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Printed:
My County of Residence:
This instrument was prepared by Paul G. Reis, Attorney -at -Law, Krieg DeVault LLP, 12800 N.
Meridian Street, Suite 300, Carmel, Indiana 46032.
I hereby affirm, under penalties for perjury, that I have taken reasonable care to redact each
Social Security number in this document, unless required by law.
Paul G. Reis
KD_5465146 3.docx
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EXHIBIT A
Legal Description of Owner's Parcel
Part of the Southeast Quarter of Section 7, Township 17 North, Range 4 East, 2nd P.M., Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of Section 7, Township 17 North, Range 4
East, 2nd P.M., Clay Township, Hamilton County, Indiana; thence North 89 degrees 57 minutes 00
seconds West (assumed bearing) 372.95 feet on the South line of said Southeast Quarter to the
Southeast corner of the real estate described in Deed Book 362, page 828 in the Office of the Recorder
of Hamilton County, Indiana; thence North 00 degrees 04 minutes 29 seconds East 415.00 feet on the
East line of the real estate described in said Deed Book 362, page 828 to the Northwest corner of the
real estate described in Deed Book 333, page 475 in said Recorder's Office, said corner being the POINT
OF BEGINNING of the tract described herein; thence continuing North 00 degrees 04 minutes 29
seconds East 64.74 feet on the East line of the real estate described in said Deed Book 362, page 828 to
the intersection with a chain link fence; thence South 89 degrees 11 minutes 26 seconds East 209.63
feet on said fence to the West line of the real estate described in Instrument P9627921 in said
Recorder's Office; thence South 00 degrees 04 minutes 29 seconds West 61.96 feet on the West line of
the real estate described in said Instrument #9627921 to the Northeast corner of the real estate
described in said Deed Book 333, page 475; thence North 89 degrees 57 minutes 00 seconds West
209.62 feet on the North line of the real estate described in said Deed Book 333, page 475 to the POINT
OF BEGINNING.
AND
Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East In Clay
Township, Hamilton County. Indiana, described as follows:
Beginning on the South line of the Southeast Quarter of Section 7, Township 17 North, Range 4 East,
162.33 feet North 89 degrees 57 minutes 00 seconds West (assumed bearing) from the Southeast corner
of said Southeast Quarter; thence North 89 degrees 57 minutes 00 seconds West on said South line
210.62 feet; thence North 00 degrees 05 minutes 30 seconds East parallel with the East line of said
Southeast Quarter 415.00 feet; thence South 89 degrees 57 minutes 00 seconds East parallel with said
South line 210.62; thence South 00 degrees 05 minutes 30 seconds West parallel with said East line
415.00 feet to the place of beginning.
EXHIBIT B
Legal Description of Stormwater Easement
Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East in Clay
Township, Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the Southeast Quarter of Section 7, Township 17 North, Range 4
East, thence North 89 degrees 57 minutes 00 seconds West (assumed bearing) 162.33feet along the
South line of said Southeast Quarter; thence North 00 degrees O5 minutes 30 seconds East
75.00 feet; thence North 89 degrees 57 minutes 00 seconds West parallel to said South line 94.33 feet
to the point of beginning of this description; thence continuing North 89 degrees 57 minutes 00 seconds
West 30.00 feet; thence North 00 degrees 03 minutes 00 seconds East 115.50 feet; thence South 89
degrees 57 minutes 00 seconds East parallel to said South line 102.66 feet; thence North 00 degrees 13
minutes llseconds East 209.71feet; thence North 42 degrees SO minutes Olseconds West 15.94 feet;
thence North 89 degrees 11 minutes 38 seconds West 75.08 feet; thence North 00 degrees 48 minutes
22 seconds East 20.00 feet; thence North 89 degrees 11 minutes 38 seconds West 80.07 feet; thence
North 00 degrees 57 minutes
04 seconds East 30.00 feet; thence South 89 degrees 11 minutes 38 seconds East 148.84 feet; thence
South 42 degrees 50 minutes 0lseconds East
55.40 feet; thence South 00 degrees O5 minutes 30 seconds West 260.87 feet; thence North 89 degrees
57 minutes 00 seconds West 94.39 feet; thence
South 00 degrees 03 minutes 00 seconds West 85.50 feet to the place of beginning, containing 0.42
acres, more or less.
B -1
EXHIBIT"B"
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