HomeMy WebLinkAboutEASEMENTS-Grant of Perpetual SWQ Mgmt Easement - 805 & 815 City Center Dr-20231020DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
2023040242 EASE $25.00
10/20/2023 02:28:05PM 12 PGS
Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
II II II II II II I I II I I I III II
Crass 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 11, LLC, an Indiana limited liability company ("CFII"
and together with CF collectively referred to herein as "Grantor") and the City of Cannel, 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. Stonn 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 stonn 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
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Water Quality System") to be constructed, installed and maintained by CFII, at CFII's expense, in
accordance with the Permit and tile Ordinances.
Section 3. Purpose of Easement. Grantee shall be and hereby is pen-nitted at all times to enter
-miningt
and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with
the requirements of the Pen -nit 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 Systern, or parts thereof, such that (i)
the effectiveness and performance of the Ston-n Water Quality System is not diminished from the
2A,1 Vstem remains in com Hance
with the Pen -nit and the Ordinances.
Section 5. Failure of Storin Water Quality System. In the event that tile condition of the Storm
vitiates or fails to coml)Iv with the requirements
ME I OM, -8111
obligation, after providing reasonable notice to the owner ot tne KFArEMNe, LL
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 Ston-n Water Quality System shall under no
circumstances relieve CFII of its responsibility to maintain and operate the Ston-n Water Quality
System, which responsibility shall be continuous and ongoing.
and expenses incurred ny Urantue in tnu
and/or replacements specified in Section 5 above and, in the event of litigation to recover such
expenses, the prevang 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 Storm Water Quality
System and which are not inconsistent or conflicting with this Easement and the Grantee's rights
maintain L v, i eq
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 Cannel, 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
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DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
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revised site plan.
Section 10. Indemnification. The owner of the 815 City Center Drive Real Estate shall
indernnify, defend, and hold harmless the owner of the 805 City Center Drive and Common Area
te's
�uccessors 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
*wner 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
%.'enter Drive Real Estate's failure to comply with the provisions of this Easement, unless any of
any of the foregoing result from the intentionai orwiMi Misco"
Center Drive Real Estate, its agents, employees, licensees, or invitees
Section 11. Authori1y. The undersigned person executing this Easement for and on behalf of
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 sarne document. All counterparts wi I be
construed together and will constitute one and the same instrument.
signature page,follows. I
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.
CONGRESSIONAL FLEX, LLC,
anIndiana limited yzy
By: —
Christopher D. Reid, Manager
LE
John C. Hart, Jr., Manager
)SS:
COUNTY OF HAMELTON )
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
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Residing in �441. County
STATE OF INDIANA
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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
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Residing in (to km—Counj
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DocuSign Envelope ID: 25871783-397A4D54-A3EA-553F47642B67
By: )Vg0�j W, ---:F j&g A K
F/A
Clirisi;pher D. Reid, Manager
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 11, 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 —6—u
rIPWAL• ETT"MMMs E x•ire ,�x ire
Residing in County
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
Not Present
James Brainard, Mayor
Date: N/A
DoeuSfgned by:
Mary Ann Burlce, Member
Date: 10/18/2023
EDocuSigned by:
.W--
Latson, Member
Date: 10/18/2023
ATTEST: Signed by
:
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
My Commission Expires:
Residing in County
Of
L
day of
Notary Public
Printed Name
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
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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 Sea] this IODA-' day of 20
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om minission Expires:
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Nqotar�� blic
Resi in 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
0 iinission Expi
Nota y P ic
1 1 _
Re%ounty
Printed Name
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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 Cartnel, Indiana.
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Witness my hand and Notarial Seal this day of
My commission Expires:
Yin
LA, ao-61, Nota I
ResWiQ in �Aapa� "T& ounty 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.
�-'repared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032
FIKeturn to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032
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Exhibit A
Easement Area
LOT 2C
OWNER
LOT 1 C CONGRESSIONAL FLEX, LLC
I
OWNER INSTR, NO,
CONGRESSIONAL FLEX H, LLC 200400031652
INSTR. O. IS89'09'45'W 20.00'
202200060470
SW15"VE 29,42'- -N00'5l*15'W ZIL74'
EASENENT
0.09 AC.±
PART OF
LOT le. 2C AND COMMON
AREA 'A' IN REPLAT OF
LOTS IC, 2C AND 3C OF
IV Pi BLOCK 10, CARMEL
SCIENCE & TECHNOLOGY
PARK
INSTR. NO� 200400067461
COMMON AREA "A"
OWNER
CONGRESSIONAL FLEX,
INSTR. NO.
2004GD031652
N00'51115'w 27.59'
50LITHEAST CORNER
NDO'51'15'W WOO' BLOCK A
N89VB!47"E 20.00'- — — — — — — — -
1'12-09'
Sa9%837"W
0 20 40
BY
L=Jomw
THIS DRAWING IS NOT IWENDED m
SCNL- 1'-40'
BE REPRESEN78D AS A
REP0CEMENT OR ORPINAL
HouNDARY SuRvEY, A wJTE
SURVEY, OR A SLAVEYOR LOCAT104
WNW.
SHEEr I OF 7
,Fr&M
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
0
smer 2 OF 2
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
Exhibit B
805 Cite 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
815 City 0enter. Drive Real
LOT NUMBERED 1C OF REPLAT LOTS IC, 2C AND 3C OF BLOCK 10,
RMEL SCIENCE ♦ TECHNOLOGY PARK, AN ADDITION IN
HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF RECORDED
SEPTEMBER 28, 2004 IN PLAT CABINET! '0 AS INSTRUMENT
NO. 200400067461IN THE OFFICE OF " OF HAMILTON
COUNTY,