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HomeMy WebLinkAboutGrant of Perpetual Storm Water Quality Management Easement; Congressional Flex, LLC; 805 City CenterDocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E Cross Reference to Deed: 200400031652 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between Congressional Flex, LLC, an Indiana limited liability company ("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 (the "Effective Date"); WITNESSETH THAT: WHEREAS, Grantor is the owner of that certain real estate described on Exhibit B attached hereto and incorporated herein by reference (the "805 City Center Drive Real Estate"); WHEREAS, Grantor is also the owner of that certain real estate described on Exhibit C attached hereto and incorporated herein by reference (the "815 City Center Drive Real Estate" and together with the 805 City Center Drive Real Estate, referred to collectively herein as the "Real Estate"); WHEREAS, Grantor or its affiliate intends to develop the 815 City Center Drive Real Estate and, in connection with the construction, development and operation of a flex commercial building and associated infrastructure, the City has approved or will approve a Storm Water Management Permit (the "Permit"); 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"); and WHEREAS, Grantor is willing to grant this Easement in order to allow the development of the 815 City Center Drive Real Estate pursuant to the Permit. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, 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 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, and structural and non-structural best management practices (collectively the KD 14268349 3.doc DocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E "Storm Water Quality System") to be constructed, installed and maintained by the owner of the 815 City Center Drive Real Estate, at such owner'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 the obligation of the owner of the 815 City Center Drive Real Estate 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 the owner of the Real Estate, to perform, at the expense of the owner of the 815 City Center Drive Real Estate, 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 the owner of the 815 City Center Drive Real Estate 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. The owner of the 815 City Center Drive Real Estate 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 Grantors and Other Easements. The owners of the 815 City Center Drive Real Estate and the 805 City Center Drive Real Estate shall be permitted to use their respective portions of the Easement Area and also to grant other easements within such portions of 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, including but not limited to, the right to install, maintain, repair, replace and use pavement, sidewalks, drive aisles, curb cuts, parking areas, and landscaping. KD 14268349 3.doc 2 DocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner(s) 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. Indemnification. The owner of the 815 City Center Drive Real Estate shall indemnify, defend, and hold harmless the owner of the 805 City Center Drive Real Estate, as well as the owner of the 805 City Center Drive Real Estate's successors and assigns, from and against any and all claims, costs, expenses, damages, liabilities which the owner of the 805 City Center Drive Real Estate, as well as the owner of the 805 City Center Drive Real Estate's successors and assigns, may suffer and incur to the extent caused by reason of or on account of the owner of the 815 City Center Drive Real Estate's failure to comply with the provisions of this Easement, unless any of the foregoing result from the intentional or willful misconduct of the owner of the 805 City Center Drive Real Estate, its agents, employees, licensees, or invitees. The owner of the 805 City Center Drive Real Estate shall indemnify, defend, and hold harmless the owner of the 815 City Center Drive Real Estate, as well as the owner of the 815 City Center Drive Real Estate's successors and assigns, from and against any and all claims, costs, expenses, damages, liabilities which the owner of the 815 City Center Drive Real Estate, as well as the owner of the 815 City Center Drive Real Estate's successors and assigns, may suffer and incur to the extent caused by reason of or on account of the owner of the 805 City Center Drive Real Estate's failure to comply with the provisions of this Easement, unless any of the foregoing result from the intentional or willful misconduct of the owner of the 815 City Center Drive Real Estate, its agents, employees, licensees, or invitees Section 11. 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. Section 12. Recordation. As soon as reasonably practicable after the execution and acknowledgment hereof, the parties shall cause this Agreement to be recorded in the office of the Recorder of Hamilton County, Indiana. Section 13. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. [Remainder ofpage intentionally left blank; signature page follows. ] KD 14268349 3.doe 3 DocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E IN WITNESS WHEREOF, the parties hereto have executed this Grant of Perpetual Storm Water Quality Management Easement to be effective as of the Effective Date. "Grantor" CONGRESSIONAL FLEX, LLC, an Indiana limited liability company By: By: - Christopher D. Reid, Manager Date: b 4-00AG" •20 ?�� Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) John C. Hart, Jr., Manager Before me, a Notary Public in and for said County and State, personally appeared Christopher D. Reid, as the Manager of Congressional Flex, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Easement for and on behalf of such limited liability company. Witness my hand and Notarial Seal this %-N, _ day of 20�/4 M Commission Expires: �T ' 3 = , 0 '�) U _ Notary Public Residing in County �� ;>;, 1-jib Printed Name HAYLEY M RAMSEY STATE OF INDIANA ) MY�� )SS: ' ••, N Cowin nNumWWff4iM COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared John C. Hart, Jr., as the Manager of Congressional Flex, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Easement for and on behalf of such limited liability company. Witness my hand and Notarial Seal this _ day of My Commission Expires: Notary Public Residing in ----------County Printed Name KD 14268349 3.doc 4 20 DocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E IN WITNESS WHEREOF, the parties hereto have executed this Grant of Perpetual Storm Water Quality Management Easement to be effective as of the Effective Date. "Grantor" CONGRESSIONAL FLEX, LLC, an Indiana limited liability company Christopher D. Reid, Manager Date: STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) By: John C. Hart, Jr., Manager Date: 4L0*40jC& Before me, a Notary Public in and for said County and State, personally appeared Christopher D. Reid, as the Manager of Congressional Flex, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Easement for and on behalf of such limited liability company. Witness my hand and Notarial Seal this day of My Commission Expires: Residing in County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Notary Public Printed Name 20 Before me, a Notary Public in and for said County and State, personally appeared John C. Hart, Jr., as the Manager of Congressional Flex, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Easement for and on behalf of such limited liability company. Witness my hand and Notarial Si�s6 _ day of _ ��;(i i , 20_ My Commission Expires: Residing in Gi \SSifl�j''�0 ���i W ''n� SEAL y' '•ty�� � : �s��r KD 14268349 3.doc 4 Name DocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayor Date: Dned by: ocuSig Qww U° u& 37ArtffBfft ce, Member Date: 12/21/2022 5 DocuSigned by: vi ujaisaw Lo ' ,2Mmber Date: 12/21/2022 ATTEST: DocuSigned by: sue. wow Sue Wolfgang, Clerk Date: 12/21/2022 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Not Present 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: Residing in _ _ _ County KD 14268349 3.doc 5 Not Pfa�%pnt Notary Public Printed Name 20_, DocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E ��"'��HOLLY J• HARMEYER ?PY• Pis '% Notary Public, State of Indiana Hamilton County z SEAL: * ^Commission Number NP0737982 '* ` STATE OF INDIANA Nd ANP, My commission Expires „„ )SS: December 15, 2029 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 My Commission Expires: 12/15/2029 Residing in Hami 1 ton County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) day of December , J*22 Notary Public Holly J Harmeyer "11p ,, rW ARMEYER �PPY a�e<' Notary Public, State of Indiana 2;SEAL;n= Hamilton County + •• ; • : Commission Number NP0737982 %y'• • NP My Commission Expires December 15, 2029 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: 12/15/2029 Residing in Hami 1 ton County 0`/�da of December 2 No ary Publ' Holly J Harmever KD 14268349 3.doc 6 Printed Name DocuSign Envelope ID: 90B4CA35-81OF-4B4C-8A71-145F6440AD8E HOLLY J. HARMEYER oPPY ..o Notary Public, State of Indiana • : = Hamilton County STATE OF INDIANA ) - : sEAI : - 3 * . * ;Commission Number Np0737982 Exp )SS: ° ANP\ MDec mber�on 16, 2029 ireS 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 Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of December I M22. My Commission Expires: 12/15/2029 Residing in Hamilton POWPubl' County Holly J Harmeyer 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 — Jon Oberlander, Esq. Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 KD 14268349 3.doc 7 DocuSign Envelope ID: 9OB4CA35-81OF-4B4C-8A71-145F6440AD8E Exhibit A Easement Area CITY CENTER DRIVE N8f}"aR'45"E 1�5.30' �/_� H.W. CORNER, LOT IC POINT OF BEt;IMNING POINT OF COMMENCEMENT i LOT 1 C CONGRESSIONAL FLEK, LLC INSTRUMENT NO, 29040DO31552 815 CITY CENTER DRIVE i 2a.0d V 29,90' LOT 2C CONGRESSIONAL FLE)C LLC INSTRUMENT MO. 204400031652 em CITY CENTER DRIVE 0 21� 40 SCALE; THIS DRA,NING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY, OR A SURVEYOR LOCATION REPORT. auP EASEMENT ExHlt31T UFt RCrIPTIOR_ PART OF LOTS 'G AND 2C OF THE RE -PLAT t)F CARMEL SCIENCE & TECHNOLOGI NARK LOTS 1C, 2C AND 3C OF BLOCK 10, AS RECORDED IN PLAT CABINET 3, SLIDE 4-90, INSTRUMENT NUMBER 200400067451 IN THE OFFICE OF THE RECORDER OF HAMILTON MJNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHNEST CORNER of LOT IC: THENCE NORTH 89 3EGREES OB MINUTES A5 SECONDS EAST (BASIS OF BEARING) 135.50 FEET ALONG THE bORTH LINE OF SAID LOT 1C TO THE °CINT OF BEGINNING OF THIS EASEMENT; THENCE CONTINUING NORTH 69 DEGREES D8 MINUTES 45 SECONDS EAST 20.00 FEET ALONG THE NORTH LINE OF SAID LOT -C AND LOT 2C: THENCE SOUTH 00 ZEGREES 51 MINUTES 15 SECONDS EAST 64.92 FEET: THENCE SOUTH 89 DEGREES 06 MINUTES 45 SECDNOS WEST 70.00 FEET; THENCE NORTH 00 DEGREES 5° MINUTES 15 SECONDS NEST 64.92 FEET TO THE POINT OF BEGINNING CONTAINING '.2'1a SDLARE FEET MORE CR LESS. r nd Serve- i BOX 70 nl Hart CALLS, N 46077 250 EAST 999 STREET, SUITE 5W I''G54-5829 9-3/1INOWOMUS, IN 46240 DocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E Exhibit B 805 Cih Center Drive Real Estate LOT NUMBERED 2C OF REPLAT LOTS IC, 2C AND 3C OF BLOCK 10, CARMEL SCIENCE & TECHNOLOGY PARK, AN ADDITION IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF RECORDED SEPTEMBER 28, 2004 IN PLAT CABINET 3, SLIDE 490 AS INSTRUMENT NO. 200400067461 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. DocuSign Envelope ID: 90B4CA35-810E-4B4C-8A71-145F6440AD8E Exhibit C 815 City Center Drive Real Estate LOT NUMBERED 1 C OF REPLAT LOTS 1 C, 2C AND 3C OF BLOCK 10, CARMEL SCIENCE & TECHNOLOGY PARK, AN ADDITION IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF RECORDED SEPTEMBER 28, 2004 IN PLAT CABINET 3, SLIDE 490 AS INSTRUMENT NO. 200400067461 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.