HomeMy WebLinkAboutRelease & Termination of SWQ Mgmt Easement - 815 City Center DrDocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
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Jx\us 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
0\1- (.A%It `+•n cur. CAHun, 1\ u,U32 Orrin it-.i'1 2111 FNN 3t-; 1?13r)
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
Cross Reference: Instrument #: 2022059835
RELEASE AND TERMINATION OF
GRANT OF PERPETUAL STORM WATER QUALITY
MANAGEMENT EASEMENT
THIS RELEASE AND TERMINATION OF GRANT OF PERPETUAL STORM WATER
QUALITY MANAGEMENT EASEMENT (this "Release") is made as of the day of October, 2023,
by the City of Cannel, Indiana ("City"), Congressional Flex, LLC, an Indiana limited liability company
("CF"), and Congressional Flex II, LLC, an Indiana limited liability company ("CFII" and together with
CF collectively referred to herein as "Grantor").
WITNESSETH:
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, the Real Estate, and in particular that portion of the Real Estate legally described and
graphically depicted in what is attached hereto and incorporated herein by reference as Exhibit A (the
"Easement Area"), is affected by that certain Grant of Perpetual Storm Water Quality Management
Easement dated December 21, 2022, in favor of the City, and recorded on December 22, 2022 as Instrument
Number 2022059835 in the Office of the Recorder of Hamilton County, Indiana (the "Easement").
WHEREAS, the parties wish to specifically document the termination of the Easement as provided
herein.
NOW, THEREFORE, the parties, in consideration of the foregoing premises, each hereby
RELEASES AND TERMINATES all rights and requirements under the Easement on the Real Estate.
[signatures to appear on the following page]
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.
"CF"
CONGRESSIONAL FLEX, LL ,
an Indiana limited li iitty compa
/tom
By:
Christopher D. Reid, Manager
Date: DapkLir 10 "2wV 2'3
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
By:
John C. Hart, Jr., Manager
Date: 1946 6W Is 2AOp
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 �i d f S2 P_r- 120123
. e.`
My Commissign Expires: r1•`^-
Notary Publi -I -
Residing in a"., on, [6y,.- Countyg`
Printed Name
STATE OF INDIANA ) p * P( y CINDYA. TRI:ASTER
.p�►j` a,,� Noma PubBe. smm d Indlane
)SS: 32 SEAL °f ,I,,,6,�,�erNPOWWWWu
COUNTY OF HAMILTON ) {.`, __
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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 C� , 20—
My C mmission Expires:
Notary
Residing in K\A�cln County `�
• •O��pZ2,Zp�i
s dam• �
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
"CFII"
CONGRESSIONAL FLEXII, LLC,
an Indiana limited liability company
By:
Chr stopher D. Reid, Manager
Date: 0c'(I-6 w D 's
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 II, 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 of 0OA4 ` , 200
My mission xpires: IJIL
Notary Pu is
Residing inb� County
Printed Na
SS Y"P���., CINDYA. TREAM ER
0SEAS .� Nobtiy PubNc. $to%of Indiana
mon
rC.oFlnvniaeion amNumber cm*
My C.ommbslon
My 5. 202�a
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
Not Present
James Brainard, Mayor
Date: N/A
DoeuSigned by:
Mary Ann Burke, Member
Date: 10/18/2023
EDocuSigned by:
(hvi 0jdS6i&
Lori Watson, Member
10/18/2023
Date:
ATTEST: DocuSigned by:
Sw�
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 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 day of
My Commission Expires:
Residing in
County
Notary Public
Printed Name
20
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
STATE OF INDIANA
)SS
COUNTY OF HAMILTON
`\\,\�CA `OrK/I//�i
0
NOTARY
PUBLIC —
SEAL e
'• ri�o i/ton 0° �Q�'�•��:
''� `iT . ? NumbA� • � ��
O F� i �N��P�\\.
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 _ day of C)05 , 20-IS.
My Commission Expires: �—
jll Nota ublic
Resi ' in Lmajoai County
Printed Name
STATE OF INDIANA )
)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.�3
M ommission Expires:
Resi 'n l•' I _County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
:n PUBLIC
° SEAL , 4:
',� s+ •' a� Number •' ���
•,��igTFFOF1III/I4Np`P`��
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 , 20-Q3
M Commission Expire
Li. apai
Residi in County
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. Grant E. Chapman.
Prepared by and upon recording return to: Congressional Flex II, LLC, c/o Grant Chapman, 805 City Cent A1iDii",,��%
Drive, Suite 160, Carmel, Indiana 46032 \��� SC> ......lCp /,��
\� S, m"tssio.
�.04-20�F+p
NOTARY _
:n PUBLIC e:
:3 SEAL
- sr o Hton G� "'i
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
REPARED BY:
Kuhn S GiM
aridSurrc R1
s
OBOX 70
IONSVILLE. IN 40077
Exhibit A
Easement Area
I LOT 2C
OWNER
L07 1C I CONGRESSIONAL FLEX, LLC
OWNER I INSTR. NO.
CONGRESSIONAL FLEX II, LLC I 200400031652
INSTR. NO. ISa9'DE'45'W 20.00'
202200060470In
500'S1'15`E 29.42' i N0051'15'W 31.74'
E
EASEMENT 1
0,09 AC.t
I
PART OF
N
; LOT 1 C. 2C AND ODMMON
I
rN AREA A* IN REPLAT OF
{
LOTS 1C, 2C AND 3C OF
BLOCK 10, CARMEL I
SCIENCE do TECHNOLOGY
PARK j
INSTR. NO. 200400067461
I
COMMON AREA "A"
OWNER
CONGRESSIONAL FLEX, LLC
INSTR. NO.
2004ON31652
I
SOO'51'15"E 29,91'
0.0.8. SOUTHEAST CORNER �!
N00*51'15"W 10.00' BLOCK A
N89TT8'47"E 20.00'
- — — — — — - ----_—_--___----
112.09'
SNIW37"W
0 2�0 40
THIS DRAWING IS NOT INTENDED TOE1..
BE REPRESENTED AS A
RETRACEMENT OR ORIGINAL
BOUNDARY SURVEY, A ROUTE
SURVEY, OR A SURVEYOR LOCATION
REPORT.
SHEET 1 OF 2
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642667
LAND DESCRIPTION
A PART OF COMMON AREA "A", LOT 1C AND LOT 2C IN RE —PLAT CARMEL SCIENCE do
TECHNOLOGY PARK LOTS 1C, 2C AND 3C OF BLOCK 10 AS PER PLAT THEREOF
RECORDED AS INSTRUMENT NO, 200400067461 IN PLAT CABINET 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 "K. 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. 2004000316545 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 MINUTES 15 SECONDS
WEST 31.74 FEET; THENCE SOUTH 89 DEGREES 08 MINUTES 45 SECONDS WEST 20,00
FEET; THENCE SOUTH 00 DEGREES 51 MINUTES 15 SECONDS EAST 29.42 FEET;
THENCE SOUTH 12 DEGREES 22 VINUTES 26 SECONDS WEST 142.34 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 D,09 ACRES
MORE OR LESS.
PREPARED BY:
guhn 3 Gustttsw SHEET 2 OF 2
and serf Ve in -Raim No. ■ EASEMENT
22A11» Kiamley>))Horn :
DRA1�N RY:
PO BOX TO SKIUK 250 EAST 96TH STREET, SURE 580 8D5RCITYO
FFICE
ZIONSYILLE, IN 46D77 PATE; CE911R DRK
ZI
31 7 344-2822 INDWWOUS, IN 46240 WWEI, POW
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 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.
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.