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HomeMy WebLinkAboutGrant of Perpetual SWQ Mgmt Easement - 815 City Center DrDocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 _JA.NIFti BRAINARD, MAYOR October 6, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: GRANT AND RELEASE OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- CRG FLEX OFFICE - 815 CITY CENTER DRIVE Dear Board Members: The property owner of 815 City Center Drive has requested the city accept a Grant of Perpetual Storm Water Quality Management Easement and release a previously approved Perpetual Storm Water Quality Management Easement associated with construction of a new commercial office building. Due to changes in the storm sewer design, the easement needs to be relocated. Attached are the required Release and Grant of Perpetual Storm Water Quality Management Easement documents. The Department of Engineering has reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Jeremy Kashman, P.E. City Engineer Dii-muw%m „F FNcmer:R1m. 01i1 Cnn S 1 ARF, C-%RMEL. IN 16032 nrn(F 3I'3'l-2-+-il F\N 3l--S I.2i39 I-M1,11 rnXimvnng9,Ar#v*Aii.g,�r DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 Cross Reference to Deeds: 200400031652 and 2022060470 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and among Congressional Flex, LLC, an Indiana limited liability company ("CF"), Congressional Flex I1, LLC, an Indiana limited liability company ("CFII" and together with CF collectively referred to herein as "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, CF is the owner of that certain real estate described on Exhibit B attached hereto and incorporated herein by reference (the "805 City Center Drive and Common Area A Real Estate"); WHEREAS, CFII is 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 and Common Area A Real Estate, referred to collectively herein as the "Real Estate"); WHEREAS, CFII 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 Exhibit "A" in two parts (the "Easement Area"). Section 2. Storm Water QualitSystem. Located or to be located within the Easement Area, in the manner and areas specified in the Pen -nit, is certain drainage and stone water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, and structural and non-structural best management practices (collectively the "Storm DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 Water Quality System") to be constructed, installed and maintained by CFII, at CFII's expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is pennitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Stonn 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 CFII'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 Pen -nit and the Ordinances. Section 5. Failure of Stonn Water Quality System. In the event that the condition of the Stonn Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Pen -nit 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 CFII'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 Pen -nit 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 CFII 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. CFII 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. The owners of the 815 City Center Drive Real Estate and the 805 City Center Drive and Common Area A 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 Stonn 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. 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 2 DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 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 and Common Area A Real Estate, as well as the owner of the 805 City Center Drive and Common Area A 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 and Common Area A Real Estate, as well as the owner of the 805 City Center Drive and Common Area A 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 and Common Area A Real Estate, its agents, employees, licensees, or invitees. The owner of the 805 City Center Drive and Common Area A 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 and Common Area A 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- of page intentionally ler blank; signatin-e page.follows.] DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 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 limiteqli4bility comp y By: /11 Christopher D. Reid, Manager 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 My f-ammissi; Ex Tres: Residing in County STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) day of F'11"WCINDYA, TsRtaoe�otSled e SEAL ° e ►iamklEon Canty Commisebn Number NP0881810 �* Mv�E 9wHolANm' Juy5,2M 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 • �Wits�l�. My qmmission Expires: Notary Residing in County _ "EAL n DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 CONGRESSIONAL FLEX 11, LLC, an Indiana limited liability company ChristophLe�r�D. Reid, Manager Date: 0 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Christopher D. Reid, as the Manager of Congressional Flex 1I, 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 — d f 0r , 20gq My Commissioi Ex ire ublic Residing T�County in Printed Name CINDY A. 'IREASTER Notary MUc, 5ate of Indiana 'i ` SEAL)0 - p iltoa County # conwnbaion IN 10 * My Conxnlssbn Expkea} Juy 5.2024 k DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayor Date: N/A DxuStgn/efd by: Mary Ann Burke, Member Date: 10/18/2023 FDoeuSigned by: ori U dwl Lori Watson, Member Date: 10/18/2023 ATTEST: Dmuftned by: �saes�.a>•eatee... Sue Wolfgang, Clerk Date: 10/18/2023 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 Cannel, 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 Of R day of Notary Public Printed Name DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 STATE OF 1NDIANA COUNTY OF HAMILTON ) )SS: voo04-201 + NOTARY a" ' PUBLIC D = 3 SEAL , m vX Number.• 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 IV M ommission Expires: Resi in County Printed Name STATE OF INDIANA 20 a3 )SS: COUNTY OF HAMILTON ) 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 , 20 a3 M ommissy n Expire0�1. Not y P is Resi •� ii County r Printed Name S\CIA'•°•' I !r0 oA-203� 4 ; S i� NOTARY ;n PUBLIC ^ j :3 SEAL sa, "V/ton Co e9. .P ``��ttttH i 111111Jq��� DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 ��` c�\GQ •fl•KU,��ii p s NOTARY PUBLIC STATE OF INDIANA �' "''SoA� COUNTY OF HAMILTON ) '''��rrnu+►►ttt`' 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 11�k day of My commissionoE-6xpires- Res i in ``� County Printed Name 20_,).3 Pursuant to IC 36-2- I 1-15(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, Cannel, IN 46032 DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 BY IN 46077 Exhibit A Easement Area 1 LOT 2C OWNER LOT 1C I CONGRESSIONAL FLEX, LLC OWNER INSTR, NO. CONGRESSIONAL FLEX 11, LLC I 200400031652 INSTR. NO. -S89'08'45'W 20.00' 202200060470 I 50051'r5"E 29.42'` N00'51'1S"W 31.74' EASEMENT i 0.09 AC.t I I PART OF LOT 1C, 2C AND COMMON i - N AREA 'A" IN REPLAT OF 3 LOTS 1C, 2C AND 3C OF n .w BLOCK 10, CARMEL I SCIENCE do TECHNOLOGY I n 'ARK N INSTR, NO. 200400067461 1 z I COMMON AREA "A" OWNER CONGRESSIONAL FLEX, LLC INSTR. NO. 2004DO031652 I 500'S1'15'E 29.91'I N0O'S1'15'W 27.59' 1 �•0•H• SOUTHEAST CORNER N00'6V15'W 10.00' BLOCK A 1yyi N890847*E 20.00' _ _ _ _ l — - — — — ' S89-05.37"W 112.09' } 0, 20 4-D THIS ORAWTNG IS NOT INIENTIEO TO SCALE- !'=40' BE REPRESD47ED AS A RETRACEMENT OR ORIGINAL HOUNOARY SURVEY, A WYM SURVEY, OR A SI WEYOR LOCATION REPORT_ SHEET 1 OF 7 DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 AND DESCRIPTION_ A PART OF COMMON AREA "A', LOT 1C AND LOT 2C IN HE —FLAT CAR►lEL SCIENCE do TECHNOLOGY PARK LOTS 1C, 2C AND 3C OF BLOCK 10 AS PER PLAT THEREOF RECORDED AS INSTRUVENT NO, 200400067461 IN PLAT CA13INET C, SLIDE 490 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID COMMON AREA 'A'; THENCE ALONG THE SOUTH LINE OF SAID COMMON AREA 'A' SOUTH 89 DEGREES 08 MINUTES 37 SECONDS WEST (BASIS OF BEARINGS) 112.09 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 15 SECONDS WEST 10.00 FEET TO THE NORTH LINE OF A CROSS ACCESS EASEMENT AS SHOWN IN INSTRUMENT NO. 200400031654 IN SAID RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 15 SECONDS WEST 27.59 FEET; THENCE NORTH 12 DEGREES 22 MINUTES 26 SECONDS EAST 142.34 FEET: THENCE NORTH 00 DEGREES 51 MIN,ITES 15 SECONDS WEST 31.74 FEET; THENCE SOUTH 89 DEGREES 08 MINUTES 45 SECONDS WEST 20.00 FEET; THENCE SOUTH 00 DEGREES 51 VINUTES '5 SECONDS EAST 29.42 FEET; THENCE SOUTH 12 DEGREES 22 VINUTES 26 SECONDS WEST 4 42.34 FEET; THENCE SOUTH 00 DEGREES 51 MINUTES 15 SECONDS EAST 29.91 FEET TO THE NORTH LINE OF SAID CROSS ACCESS EASEMENT AS SHOWN IN INSTRUMENT NO 200400031654; THENCE ALONG THE NORTH LINE THEREOF NORTH 89 DEGREES 08 MINUTES 47 SECONDS EAST 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 009 ACRES MORE OR LESS PREPARED BY: t (uhn 6 G straur SHEET 2 OF 2 and s�rveIR TIE.T ND„ ■ EASEMENT 220139 - } PROJECT- ry r N Hr. GRG OFFICE PO BOX 70 5K dK ZIONSVIL E, IN 46377 DATE: 250 FAST 96TH STREET, SURE Sao W5 C[V CEgU ORNE bl7 114-2822 INDU44APOUS, N 48240 CMWEL NDKN& DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67 Exhibit B 805 City Center Drive and Common Area A Real Estate LOTS NUMBERED 2C AND COMMON AREA "A" OF REPLAT LOTS 1C, 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: 25871783-397A-4D54-A3EA-553F47642B67 Exhibit C 815 City, Center Drive Real Estate LOT NUMBERED IC 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.