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HomeMy WebLinkAboutMain and old Meridian - Meridian 131 LLC2015022082 EASE $21.00 05/11/2015 09:11:33AM 5 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented II1111IIII!IIII 11111111111111111111 111111111111111 111 1111 Cross Reference to Deed — Instrument #: 2007060172 & 20150010890 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement ") is by and between Meridian 131, LLC, an Indiana limited liability company (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; APPROVED® WITNESSETH THAT: WHEREAS, Grantor is the Declarant under that certain Declaration of Cave'nants and Easements by and between Grantor and The Rector, Wardens, and Vestrypersons of St. Christopher's Episcopal Church, of Carmel, Indiana a /k /a St. Christopher's Episcopal Church, of Carmel, Indiana, dated October 2, 2007, and recorded October 22, 2007, as Instrument Number 2007060172 in the office of the recorder of Hamilton County, Indiana, as limited, amended and supplemented from time to time (collectively, the "Declaration "); WHEREAS, Grantor intends to install a parking lot and retail building the Real Estate and, in connection with the construction, development and operation of the parking lot and retail buildings, the City has approved or will approve a Storm Water Management Permit (the "Permit ") over the real estate described in the deed identified above as Instrument Number 20150010890 (the "Real Estate "); WHEREAS, Article I, Section 7, of the Declaration authorizes Grantor to grant and convey to Grantee the easement(s) set forth herein; 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 in accordance with the Declaration 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 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 US.56036484.02 Cross Reference to Deed — Instrument #: 2007060172 & 20150010890 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement ") is by and between Meridian 131, LLC, an Indiana limited liability company (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; APPROVED WITNESSETH THAT: WHEREAS, Grantor is the Declarant under that certain Declaration of Gos'eiiants and Easements by and between Grantor and The Rector, Wardens, and Vestrypersons of St. Christopher's Episcopal Church, of Cannel, Indiana a /k /a St. Christopher's Episcopal Church, of Carmel, Indiana, dated October 2, 2007, and recorded October 22, 2007, as Instrument Number 2007060172 in the office of the recorder of Hamilton County, Indiana, as limited, amended and supplemented from time to time (collectively, the "Declaration "); WHEREAS, Grantor intends to install a parking lot and retail building the Real Estate and, in connection with the construction, development and operation of the parking lot and retail buildings, the City has approved or will approve a Storm Water Management Permit (the "Permit ") over the real estate described in the deed identified above as Instrument Number 20150010890 (the "Real Estate "); WHEREAS, Article I, Section 7, of the Declaration authorizes Grantor to grant and convey to Grantee the easement(s) set forth herein; 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 in accordance with the Declaration 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 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 US.56036484.02 infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, water quality unit 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 (subject to assessment and reimbursement obligations of the Owners [as defined in the Declaration] in accordance with the Declaration), 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 and the owner of the Easement Area 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 US.56036484.02 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. Grantor: Meridian 131, LLC By: Browning Investments, LLC, its Manager B l✓/ Pri ted: ://9- g -'G/c/IJ, t✓(i Title: ' C e,s( 117-. Date: STATE OF INDIANA )SS: COUNTY OF HAMILTON ) 4 JENNIFER JO WALLANOER Notary Public - Seal State of Indiana Marion County My Commission Expires May 13, 2021 Before nAe, a Notary Public in and for said County and State, personally appeared J oil 113 U r nil'` who acknowledged execution of the foregoing Easement for and on behalf of 0 1 ey-i 4 i 1 3 1 L_L_ 'S T Witness my hand and Notarial Seal this t , day of PIT rl 1 , 2015. My Commission Expires: Residing in County US. 6036484.02 ta.p/L0L--, Notar Public J -ean ifex k)&- Ind -e.r Printed Name CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY wi Jams Brainard, Mayor ATTEST: Date: s -6 -�s Mary Ann B Date: Lori. -W ison INN 0...N. Date: Diana L. Cordr4, , IAMC, Clerk - Treasurer Date: °�/% 11c— STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Sandra M Deputy Clerk r c I 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 Commi soon Expires: day of n't ae •� 4V/7 Notary Public Residing in ./AC( / — County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) us.56036484.02 ArNn ,_20 �� 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 Vr1 day of (Yl My Commission Expires: Residing in e. Notary Public kin County C Q in ,e-\ a_J I S STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Printed Naive 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 `in My Commission Expires: C - av(A-cJ tu=+� / /e //7 Notary Public Residing in 47UnA -1 (lrcounty C AR Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) ei "- Before me allotary Public in and for said County and State, personally appeared Buns-• ` L. C �rrl a <� i'A %. - -t el�erk Treasurer of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk Treasurer of the City of Cannel, Indiana. Witness my hand and Notarial Seal this y to day of -011 6:- , My Commission Expires: Residing in Vl t \ -t-S ounty Notary Public 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 — Douglas C. Haney. Prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Carmel, IN 46032. Return to: Cannel City Hall, One Civic Square, Carmel, IN 46032.