HomeMy WebLinkAboutSWQ EASEMENT-11220 Illnois Street-MIDWEST EYE INSTITUTE-William Cash, PEDocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
Cross Reference to Deed: 2023045350
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the “Easement”) is by and between the Bridges Land JV LLC (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;
WITNESSETH THAT:
WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the
cross reference above (the “Real Estate”);
WHEREAS, Grantor intends to perform mass grading on the Real Estate and, in connection
with the construction, development and operation of the private storm sewer , the City has approved
or will approve a Storm Water Management Permit (the “Permit”); 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
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
“Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at
Grantor’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 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
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
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 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
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.
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
EXHIBIT 'A'- 1of 2
LEGAL DESCRIPTION
BMP & Stormwater Easement – 0.056 acres
A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East
of the 2nd Principal Meridian, Hamilton County, Indiana, more particularly described as follows:
Commencing at the southeast corner of said Half Quarter Section; thence South 88 degrees 57
minutes 32 seconds West 310.02 feet along the south line of said Northwest Quarter;
thence North 01 degree 02 minutes 28 seconds West 50.00 feet to a southeasterly corner of
that 3.504 acre parcel of land described in the Limited Warranty Deed recorded as
Instrument Number 2023045349; thence along the southern and westerly boundaries of said
3.504 acre parcel the following three (3) courses: 1) South 88 degrees 57 minutes 32 seconds
West 230.41 feet; 2) North 01 degree 02 minutes 28 seconds West 54.36 feet; 3) thence
Northwesterly 164.64 feet along a tangent curve to the left having a radius of 262.50 feet and
subtended by a long chord having a bearing of North 19 degrees 00 minutes 35 seconds West
and a length of 161.96 feet to the southwest corner of that 2.047 acre parcel of land described
in the Limited Warranty Deed recorded as Instrument Number 2023045350; thence along the
southern boundary of said 2.047 acre parcel the following three (3) courses: 1) North 51
degrees 36 minutes 17 seconds East 23.40 feet; 2) Northeasterly 20.13 feet along a tangent
curve to the right having a radius of 30.00 feet and subtended by a long chord having a bearing
of North 70 degrees 49 minutes 53 seconds East and a length of 19.76 feet; 3) South 89
degrees 56 minutes 30 seconds East 66.98 feet to the POINT OF BEGINNING of this
description; thence North 00 degrees 00 minutes 00 seconds East 34.72 feet; thence North 90
degrees 00 minutes 00 seconds East 70.01 feet to the east line of said 2.047 acre parcel;
thence South 00 degrees 03 minutes 30 seconds West 34.79 feet along the east line of said
2.047 acre parcel to the southeast corner thereof; thence North 89 degrees 56 minutes 30
seconds West 69.97 feet along the south line of said 2.047 acre parcel to the POINT OF
BEGINNING, containing 0.056 acres, more or less.
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
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CARMEL MIDWEST EYE INSTITUTE
AT THE BRIDGES
BMP & STORMWATER EASEMENT
0.056± ACRES
SHEET
1
of
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Scale:
Drawn By:
Checked By:
Date:
Job No.:
1" = 60'
TMC
TLM
01/15/2023
2023.00797
9025 River Road, Suite 200 | Indianapolis, Indiana 46240
TEL 317.547.5580 | FAX 317.543.0270
www.structurepoint.com
0 30'60'
SCALE: 1"=60'
EXHIBIT 'A'-2 OF 2
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
Cross Reference to Deed: 2023045349
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the “Easement”) is by and between the CCI MEI Bridges, LLC (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;
WITNESSETH THAT:
WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the
cross reference above (the “Real Estate”);
WHEREAS, Grantor intends to build a multistory medical office building and associated
infrastructure on the Real Estate and, in connection with the construction, development and
operation of the private storm sewer , the City has approved or will approve a Storm Water
Management Permit (the “Permit”); 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
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
“Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at
Grantor’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 Grantor’s obligation to maintain in proper
working order and to repair and/or replace the Storm Water Quality System, or parts thereof,
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
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 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
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.
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
EXHIBIT 'A'-1 OF 2
LEGAL DESCRIPTION
BMP & Stormwater Easement – 0.627 acres
A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East
of the 2nd Principal Meridian, Hamilton County, Indiana, more particularly described as follows:
Commencing at the southeast corner of said Half Quarter Section; thence South 88 degrees 57
minutes 32 seconds West 310.02 feet along the south line of said Northwest Quarter;
thence North 01 degree 02 minutes 28 seconds West 50.00 feet to a southeasterly corner of
that 3.504 acre parcel of land described in the Limited Warranty Deed recorded as
Instrument Number 2023045349; thence North 49 degrees 41 minutes 06 seconds East 6.28
feet along a southeast line of said parcel; thence North 29 degrees 14 minutes 04 seconds West
34.79 feet; thence North 00 degrees 04 minutes 03 seconds East 19.53 feet to the POINT OF
BEGINNING; thence North 06 degrees 19 minutes 16 seconds West 42.00 feet; thence North 90
degrees 00 minutes 00 seconds West 163.32 feet; thence North 00 degrees 00 minutes 00
seconds East 128.55 feet to the south line of that 2.047 acre parcel of land described in the
Limited Warranty Deed recorded as Instrument Number 2023045350; the following two (2)
courses are along the south and east lines of said 2.047 acre parcel:, 1) South 89 degrees 56
minutes 30 seconds East 69.97 feet; 2) North 00 degrees 03 minutes 30 seconds East 34.79
feet; thence North 90 degrees 00 minutes 00 seconds East 12.70 feet; thence South 00
degrees 55 minutes 24 seconds West 13.03 feet; thence North 89 degrees 56 minutes 39
seconds East 86.00 feet; thence North 90 degrees 00 minutes 00 seconds East 21.39 feet;
thence South 00 degrees 00 minutes 00 seconds East 68.38 feet; thence North 90 degrees
00 minutes 00 seconds West 6.39 feet; thence South 00 degrees 00 minutes 00 seconds East
82.33 feet; thence South 06 degrees 19 minutes 16 seconds East 25.91 feet; thence South 49
degrees 41 minutes 06 seconds West 24.12 feet to the POINT OF BEGINNING, containing
0.627 acres, more or less.
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3
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CARMEL MIDWEST EYE INSTITUTE
AT THE BRIDGES
BMP & STORMWATER EASEMENT
0.627± ACRES
SHEET
1
of
1
Scale:
Drawn By:
Checked By:
Date:
Job No.:
1" = 50'
TMC
TLM
01/15/2023
2023.00797
9025 River Road, Suite 200 | Indianapolis, Indiana 46240
TEL 317.547.5580 | FAX 317.543.0270
www.structurepoint.com
0 25'50'
SCALE: 1"=50'
EXHIBIT 'A'-2 OF 2
DocuSign Envelope ID: C4DA2F55-F613-4B86-99AF-C87EFB63BAD3