Loading...
HomeMy WebLinkAboutMain and Old Meridian - KG Main LLCInstrument No. 2011 -38524 Instrument No. 2013 -43222 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT THIS GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT (the "Easement Agreement ") is made this 1'51- day of A i'a , 2015, by and between KG Main LLC, an Indiana Limited Liability Company ( "Grantor ") and City of Carmel, Indiana, an Indiana municipal corporation ( "Grantee "). APPROVED 511 - WITNESSETH THAT: WHEREAS, Grantor is the owner of certain real estate located in Hamilton County, Indiana, more particularly described on Exhibit A , attached hereto and incorporated herein by reference (the "Real Estate "); WHEREAS, Grantor intends to construct and develop a mixed -use development on the Real Estate and, in connection therewith, Grantee has approved or will approve a Storm Water Management Permit (the "Permit "); and, WHEREAS, Grantee requires this Easement Agreement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of Grantee 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 Agreement exists is legally described and graphically depicted in 2 parts on Exhibit B, attached hereto and incorporated herein by reference (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, manholes, pipes, underground detention chambers, containment rows, water quality units, 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 2015015425 EASE $33.00 04/02/2015 12:55:10PM 11 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111101111111111111111111111111111111111111111111 Instrument No. 2011 -38524 Instrument No. 2013 -43222 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Tx's GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT (the "Easement Agreement ") is made this I sr day of A , 2015, by and between KG Main LLC, an Indiana Limited Liability Company ( "Grantor ") and City of Carmel, Indiana, an Indiana municipal corporation ( "Grantee "). APPROVE 3-rAi WITNESSETH THAT: WHEREAS, Grantor is the owner of certain real estate located in Hamilton County, Indiana, more particularly described on Exhibit A , attached hereto and incorporated herein by reference (the "Real Estate "); WHEREAS, Grantor intends to construct and develop a mixed -use development on the Real Estate and, in connection therewith, Grantee has approved or will approve a Storm Water Management Permit (the "Permit "); and, WHEREAS, Grantee requires this Easement Agreement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of Grantee 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 Agreement exists is legally described and graphically depicted in 2 parts on Exhibit B, attached hereto and incorporated herein by reference (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, manholes, pipes, underground detention chambers, containment rows, water quality units, 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, and if Grantor fails to cure any such violation or failure of compliance within three hundred and sixty (360) days after written notice from Grantee of such violation or failure of compliance, then Grantee shall have the right, but not the obligation, 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 the reasonable and documented out -of- pocket 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 Agreement 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 Agreement. Section 9. Amendment. This Easement Agreement may be amended only by a written instrument signed: (i) by then owner of the Real Estate and Grantee 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 Grantee and then the owner of the Real Estate shall amend this Easement Agreement to reconfigure the Easement Area accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. Section 10. Applicable Law. This Easement Agreement shall, in all respects, be governed, construed, applied and enforced in accordance with the laws of the State of Indiana. Section 11. Entire Agreement. Grantor and Grantee agree that this Easement Agreement, and the documents incorporated herein, represents the entire understanding between Grantor and Grantee. The signing of this Easement Agreement by Grantor and Grantee constitutes their mutual recognition that no other agreements or promises, oral or written, relating to the Easement Area, except as attached hereto and incorporated herein, exists between them, and that if such oral or written agreements or promises exist, such are hereby cancelled. Grantor and Grantee hereby represent to the other that Grantor and Grantee will not rely upon any agreement, promise or understanding relating to the Easement Area not incorporated herein at the time of execution of this Easement Agreement or not reduced to writing, incorporated in written amendments to this Easement Agreement and recorded. Section 12. Authority. The undersigned person executing this Easement Agreement 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 Agreement, and that all actions, votes, approvals and/or restrictions necessary to allow the execution and delivery of this Easement Agreement have been undertaken. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW IN WITNESS WHEREOF, Grantor has hereunto set its hand as of the day and year first written above. GRANTOR KG Main L an Indiana limited liability company By: Keyste : s • L ., its sole member L. r. it Ozdemir, its sole member By: STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said county and state, personally appeared Ersal Ozdemir, who being first duly sworn by me upon his oath, stated that he is the sole member of Keystone Group LLC, the sole member of KG Main LLC, he is duly authorized to execute the foregoing on its behalf, any statements or representations of fact contained therein are true, and he acknowledged execution of the foregoing. Witness my hand and Notarial Seal this 104. day of �(,� , 2015. o,,' " " ",% KENDRA D. WILBURN .�ytPtE o,��i' Notary Public, State of Indiana :NOTARY: - Marion County . SEA\, - Commission fi 624814 ` My Commission Expires °'1�,41,;;:�`° March 20, 2019 My Commission Expires: NOTARY PUBLIC Printed: 12- `e.\4r-et%. bU rvt My County of Residence: it 1t-JY1 GRANTEE City of Carmel, Indiana an Indiana municipal corporation By: City of Carmel Board of Public Works and Safety M. ry • . 'Bu ke, Member Lori Wry, ember Approved as to form by: Douglas C. Haney, Esq., Carmel City Attorney 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 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 its behalf, that any statements or representations of fact contained therein are true, and each acknowledged execution of the foregoing. Witness my hand and Notarial Seal this I sr day of / �7v L , 2015. My Commission Expires: NOTARY PUBLIC SANDRA M. JOHNSON NOTARY PUBLIC - Comm. Expires Aug. 34', 2018 Prin •_• My County of Residence: 1-41& im ■ frin This instrument was prepared by David W. Ponader, Attorney -at -Law, Keystone Realty Group, 47 S. Pennsylvania Street, 10th Floor, Indianapolis, IN 46204. 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. David W. Ponader Exhibit A A part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of said Southeast Quarter Section; thence South 87 degrees 11 minutes 21 seconds West along the north line thereof a distance of 1036.75 feet to the northwest corner of that 1.012 acre parcel described in Instrument Number 20140002074 and recorded in the Office of the Recorder of Hamilton County, Indiana; thence South 03 degrees 24 minutes 04 seconds East along the west line thereof a distance of 60.03 feet to the Point of Beginning and the south Right of Way line of Main Street, the following courses (except the last 2 courses) are along said south line of Main Street and the west Right of Way line of Old Meridian Street; thence North 87 Degrees 13 Minutes 25 Seconds East a distance of 119.76 feet; thence North 87 Degrees 57 Minutes 01 Seconds East a distance of 54.55 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 4.00 feet; thence South 03 Degrees 13 Minutes 23 Seconds East a distance of 0.33 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 19.33 feet; thence North 03 Degrees 13 Minutes 23 Seconds West a distance of 0.33 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 4.00 feet; thence South 03 Degrees 13 Minutes 23 Seconds East a distance of 4.00 feet; thence South 86 Degrees 46 Minutes 37 Seconds West a distance of 0.33 feet; thence South 03 Degrees 13 Minutes 23 Seconds East a distance of 1.67 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 32.00 feet; thence North 03 Degrees 13 Minutes 23 Seconds West a distance of 5.33 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 26.67 feet; thence South 03 Degrees 13 Minutes 23 Seconds East a distance of 5.33 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 22.75 feet; thence North 03 Degrees 13 Minutes 23 Seconds West a distance of 5.33 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 26.67 feet; thence South 03 Degrees 13 Minutes 23 Seconds East a distance of 5.33 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 33.33 feet; thence North 03 Degrees 13 Minutes 23 Seconds West a distance of 4.00 feet; thence North 86 Degrees 46 Minutes 37 Seconds East a distance of 25.25 feet; thence North 86 Degrees 46 Minutes 26 Seconds East a distance of 66.08 feet; thence North 82 Degrees 16 Minutes 36 Seconds East a distance of 25.25 feet; thence South 07 Degrees 43 Minutes 23 Seconds East a distance of 4.00 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 33.33 feet; thence North 07 Degrees 43 Minutes 23 Seconds West a distance of 5.33 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 26.67 feet; thence South 07 Degrees 43 Minutes 23 Seconds East a distance of 5.33 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 22.75 feet; thence North 07 Degrees 43 Minutes 23 Seconds West a distance of 4.00 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 25.25 feet; thence South 07 Degrees 43 Minutes 23 Seconds East a distance of 4.00 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 22.75 feet; thence North 07 Degrees 43 Minutes 23 Seconds West a distance of 5.33 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 26.67 feet; thence South 07 Degrees 43 Minutes 23 Seconds East a distance of 5.33 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 33.33 feet; thence North 07 Degrees 43 Minutes 23 Seconds West a distance of 4.00 feet; thence North 82 Degrees 16 Minutes 37 Seconds East a distance of 25.25 feet; thence South 07 Degrees 43 Minutes 23 Seconds East a distance of 16.32 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 12.76 feet; thence North 04 Degrees 13 Minutes 23 Seconds West a distance of 14.06 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 11.96 feet; thence North 04 Degrees 13 Minutes 23 Seconds West a distance of 5.33 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 26.67 feet; thence South 04 Degrees 13 Minutes 23 Seconds East a distance of 5.33 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 22.37 feet; thence North 04 Degrees 13 Minutes 23 Seconds West a distance of 8.00 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 7.50 feet; thence North 04 Degrees 13 Minutes 23 Seconds West a distance of 0.08 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 2.17 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 18.67 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 2.17 feet; thence South 04 Degrees 13 Minutes 23 Seconds East a distance of 0.08 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 7.50 feet; thence South 04 Degrees 13 Minutes 23 Seconds East a distance of 8.00 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 22.38 feet; thence North 04 Degrees 13 Minutes 23 Seconds West a distance of 5.33 feet; thence North 85 Degrees 46 Minutes 37 Seconds East a distance of 8.38 feet; thence South 64 Degrees 41 Minutes 10 Seconds East a distance of 79.30 feet; thence with a curve turning to the right with an arc length of 10.20' with a radius of 26.50' with a chord bearing of South 22 Degrees 45 Minutes 03 Seconds West with a chord length of 10.14'; thence South 33 Degrees 46 Minutes 41 Seconds West a distance of 2.00 feet; thence South 33 Degrees 46 Minutes 37 Seconds West a distance of 24.67 feet; thence South 56 Degrees 13 Minutes 23 Seconds East a distance of 4.00 feet; thence South 33 Degrees 46 Minutes 37 Seconds West a distance of 25.21 feet; thence North 56 Degrees 13 Minutes 23 Seconds West a distance of 4.00 feet; thence South 33 Degrees 46 Minutes 37 Seconds West a distance of 34.79 feet; thence South 56 Degrees 13 Minutes 23 Seconds East a distance of 4.00 feet; thence South 33 Degrees 46 Minutes 37 Seconds West a distance of 25.25 feet; thence North 56 Degrees 13 Minutes 23 Seconds West a distance of 4.00 feet; thence South 33 Degrees 46 Minutes 37 Seconds West a distance of 22.75 feet; thence South 56 Degrees 13 Minutes 31 Seconds East a distance of 0.33 feet; thence North 33 Degrees 46 Minutes 36 Seconds East a distance of 0.33 feet; thence South 56 Degrees 13 Minutes 24 Seconds East a distance of 4.00 feet; thence South 33 Degrees 46 Minutes 36 Seconds West a distance of 4.00 feet; thence North 56 Degrees 13 Minutes 24 Seconds West a distance of 0.33 feet; thence South 33 Degrees 46 Minutes 41 Seconds West a distance of 19.33 feet; thence South 56 Degrees 13 Minutes 24 Seconds East a distance of 0.33 feet; thence South 33 Degrees 46 Minutes 37 Seconds West a distance of 4.00 feet; thence South 56 Degrees 13 Minutes 23 Seconds East a distance of 9.96 feet; thence South 33 Degrees 46 Minutes 37 Seconds West a distance of 76.82 feet; thence South 87 Degrees 11 Minutes 21 Seconds West a distance of 750.45 feet to the west line of said Instrument Number 20140002074; thence North 03 Degrees 24 Minutes 04 Seconds West along the west line thereof a distance of 219.86 feet to the Point of Beginning, containing 4.262 acres, more or less. 11,;11111 ; Aluwia NI Nil I 1 c8I $ 114141 iiiwq;til 1 Editik it 0 P rcli .1.8;140: i!ge jiiIu 1 lzuL 1 gelln It h4411 Job Number 2013.00730 O, o (, ❑ o sInUCTUREromr • rn� mss lwu•nN,m.s�w, n 3N.I13la1>3Mm wwarvrVeircaom BMP ACCESS EASEMENT SCALE: 1' a 60' DRAWN BY _DATE: NOVEMBER 24, 2014 CHECKED BY 1 oft TLM Exhibit B Part 2 of 2 N.E. Coma. S.E. WEST MAIN STREET A. Section 26, T18N. R3E S8711'21'11 -_ 1036.7/ _ .._.._.._.._.._.._.._.._.._.._. _.._.._.._.._.._. __ _.._.._..____.._.._..__ One of SE. 1/4. Sec 26 O� ?Zir EE BMP Easement DesalptIon That pat of the Southeast Quarter of Section 28, Toonalp 18 North, Range 3 East, Hamilton County, Indiana, mare particularly described as fogaws COMMENCING at the Northeast comer of said Southeast Quarter, thence South 87 degrees 11 minutes 21 seconds West (basis of bearings per ALTA/ACSM Laid Title Survey prodded by SEA Group. doted 5/ 22/ 2013, describing real estate In Instrument No. 2011-38524, as recorded In the Office of the Hamilton County Recorder) along the North Inc of Bald Southeast Quarter a distance of 1,038.77 feet ; thence South 03 dew 24 minutes 04 seconds East 279.89 feet; thence North 87 degrees 11 minutes 21 seconds East 304.15 feet to the PONT Of BEGINNING of this easement thence North 02 degrees 48 minutes 39 seconds West 138.19 feet thence North 87 seconds East 138.98 feet thence South 187 degrees 11cminu� 22 seconds West 382.25�fest to the point of beginning, contarnng 50,184 square feet (1.15 acres). more or less. 0' 150' SCALE: 1' =150' BMP EASEMENT a 2 5 f� IR ■'_D 0000" ■ :a d 0 El 0 EL 00© 0 1 1 fil CITY O ' CARMEL JAMES BRAINARD, MAYOR March 20, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: THE OLIVIA ON MAIN (aka KG MAIN) - GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: Mr. Ersal Ozdemir, sole member, KG Main, LLC, has requested the City accept a Grant of Perpetual Storm Water Quality Management Easement for the development of The Olivia on Main project, to be located at West Main Street and Old Meridian Street. (Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana. Easement grant consists of 1.15 acres and encompasses the storm water quality system for the project. A BMP (Best Management Practice) access easement is included with submittal consisting of 0.05 acres. Attached are the required Grant of Perpetual Storm Water Quality Management Easement forms signed by the petitioner. The City of Carmel Law Department and Department of Engineering have reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENTS 5: IBPW15IMISCIOLIVIAONMAINGRANTOFEASEMENT .DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov