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HomeMy WebLinkAboutStormwater Drainage Easement2024017152 EASE $25.00 Q5/20/2024 08:34:01AM 16 PGS Trini Beaver Hamilton County Recorder IN Recorded as Prese Prior Deed Reference: Instrument No 2012- 070077. in the Recorder’s Office for Hamilton County, Indiana STORMWATER DRAINAGE EASEMENT THIS STORMWATER DRAINAGE EASEMENT (this "Agreement") is made as of the 17th day of May, 2024 (the "Effective Date"), by and between FEHSENFELD LAND HOLDINGS, LLC, an Indiana limited liability company ("FLH"), and MICHIGAN ROAD MULTIFAMILY HOLDINGS, LLC, an Indiana limited lability company ("“MRMH"). RECITALS WHEREAS, FLH is the owner of certain real property located in Hamilton County, Indiana and more particularly described on Exhibit A attached hereto and made a part hereof (the "FLH Property"); WHEREAS, FLH is conveying to MRMH that certain portion of the FLH Property described on Exhibit B attached hereto and made a part hereof (the "Apartment Parcel"); WHEREAS, FLH will, upon the conveyance of the Apartment Parcel, continue to own that certain portion of the FLH Property described on Exhibit C attached hereto and made a part hereof (the "Retail Parcel"); WHEREAS, after the conveyance to MRMH of the Apartment Parcel, both FLH and MRMH will require stormwater drainage easements on, over, across and through certain portions of the Apartment Parcel and Retail Parcel; WHEREAS, MRMH and FLH (each, an “Owner” and together, the “Owners”) hereby agree to provide for such stormwater drainage easements on over, across and through certain portions of the Apartment Parcel and Retail Parcel for the benefit of the Retail Parcel and Apartment Parcel (each a "Parcel" and together, the "Parcels"), subject to the terms and limitations of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, FLH and MRMH hereby agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement as if restated in full herein. 2. Stormwater Drainage Easement. a. Easement to FLH. MRMH, either now or in the future (as set forth in Section 9(i)), hereby grants, creates, declares, makes and conveys to FLH and FLH’s agents, employees, contractors, tenants, lessees, invitees and guests (collectively, the “FLH Parties”), for the benefit of and to be appurtenant to the Retail Parcel, a perpetual, non-exclusive easement on, over, across and through the portion of the Stormwater Drainage Easement Area (as such term is hereinafter defined) located on the MRMH Parcel for purposes of (i) constructing, installing, operating, maintaining, repairing, removing, replacing and using storm water sewer lines and related storm water sewer facilities ("Stormwater Facilities"); (11) connecting into any Stormwater Facilities located in, on, under, through and across the Apartment Parcel; and (iii) discharging and draining storm water through such Stormwater Facilities (the "Stormwater Drainage Easement (FLH)"). As used herein, the “Stormwater Drainage Easement Area” shall mean the areas depicted and legally described on Exhibit D attached hereto and made a part hereof. b. Easement to MRMH. FLH, either now or in the future (as set forth in Section 9(1)), hereby grants, creates, declares, makes and conveys to MRMH and MRMH's_ agents, employees, contractors, tenants, lessees, invitees and guests (collectively, the “MRMH Parties”), for the benefit of and to be appurtenant to the Apartment Parcel, a perpetual, non-exclusive easement on, over, across and through the portion of the Stormwater Drainage Easement Area located on the FLH Parcel for purposes of (i) constructing, installing, operating, maintaining, repairing, removing, replacing and using Stormwater Facilities; (11) connecting into any Stormwater Facilities located in, on, under, through and across the Retail Parcel; and (iii) discharging and draining storm water through such Stormwater Facilities (the "Stormwater Drainage Easement (MRMH)"; and, collectively with the Stormwater Drainage Easement (FLH), the "Stormwater Easements"). 3. Maintenance and Repair Obligations. a. Performance of Work / Shared Expenses. MRMH shall be responsible for keeping the Stormwater Drainage Easement Area and Stormwater Facilities in good order, repair, and condition at all times and shall promptly perform any and all maintenance, repairs, and replacements, which may be necessary to keep such Stormwater Drainage Easement Area and Stormwater Facilities in good order, repair, and condition. Notwithstanding the foregoing, each Owner shall be required to pay its proportionate share of the cost of operating, maintaining, restoring, and replacing the Stormwater Drainage Easement Area and Stormwater Facilities, which costs shall include but not be limited to, the costs for capital repair and replacements, the costs for maintenance and restoration, and other associated costs (the "Shared Expenses"). Such proportionate share for each Owner ("Pro Rata Share") is set forth on Exhibit E attached hereto and made a part hereof. In the event that any Owner's Parcel is altered in a manner that is not contemplated or permitted by current zoning requirements and such alteration materially increases the amount of stormwater drainage from such Owner's Parcel to the Stormwater Drainage Easement Area and/or Stormwater Facilities, then the Owners shall work together in good faith to equitably adjust the Pro Rata Share to account for the changed circumstances. b. Invoicing for Shared Expenses. MRMH may send written notice to FLH from time to time requesting FLH to pay its Pro Rata Share of Shared Expenses, provided that statements therefor shall be sent no more frequently than once each month. FLH agrees to pay, within fifteen (15) days of delivery of any such written notice, its Pro Rata Share of such Shared Expenses. Such notice shall include an itemized statement, with supporting evidence in the form of invoices, receipts, or other evidence of the nature of the expenses incurred, of all expenses incurred by MRMH in operating, maintaining, repairing and/or replacing the Stormwater Drainage Easement Area and Stormwater Facilities. Any payment which is delinquent for thirty (30) days or more shall bear interest at the highest contract rate of interest then permitted in Indiana (or, if there is none, 18% per annum) (the "Default Interest Rate"). C. Event of Default; Self-Help; Remedies. An Event of Default shall have occurred with respect to an Owner if (1) such Owner fails to make any payment required under this Agreement when due, or (i1) such Owner violates or breaches any other covenant, requirement, or obligation under this Agreement and fails to cure such violation or breach within thirty (30) days after the receipt of written notice from the non- defaulting Owner specifying the nature of the violation or breach; provided, however, that no Event of Default shall be deemed to have occurred if such violation or breach cannot reasonably be cured within said thirty (30) day period, despite the defaulting Owner's good faith efforts to do so, and the defaulting Owner shall have commenced to cure the violation or breach within said thirty (30) day period and diligently pursues such cure until completed. Upon the occurrence of an Event of Default by any Owner, each other Owner shall have the right to perform any un-performed obligations underlying such Event of Default or any work required to cure such Event of Default (a “Self-Help Election”), including the right to advance sums necessary to perform such obligations, and in such circumstance the Owner performing or advancing sums shall be entitled to receive reimbursement from the defaulting Owner of its actual reasonable out-of-pocket costs of performance or of sums advanced together with interest at the Default Interest Rate. Additionally, upon the occurrence of an Event of Default, each non-defaulting Owner may institute legal action against the defaulting Owner for specific performance, declaratory relief, actual damages, or other legal or equitable remedy (but excluding consequential or punitive damages). It is expressly agreed that no breach, whether or not material, of the provisions of this Agreement shall entitle any Owner hereto to cancel, rescind, or otherwise terminate this Agreement or the easements and rights granted hereunder, but such limitation shall not affect, in any manner, any other rights or remedies that any party may have hereunder by reason of any breach of the provisions of this Agreement. d. Lien Rights. If an Event of Default occurs due to an Owner's failure to make a payment required by this Agreement, then the Owner to which any such delinquent payment is due may record and enforce a lien on the Parcel of the defaulting Owner in the manner provided under the Indiana mechanics’ lien statute; provided, however, any such lien shall be subordinate to any mortgage lien on the Parcel to which such lien attaches. 4. Covenants Regarding Maintenance and Repair Work. Any Owner undertaking any maintenance, repair or replacement pursuant to this Agreement (regardless of whether such Owner is primarily responsible for the maintenance, repair, or replacement or is utilizing a Self- Help Election) shall: (a) diligently pursue the same to completion; (b) perform the same in a good and workmanlike manner and in compliance with all applicable laws, regulations, rules, ordinances and codes, including without limitation obtaining all necessary permits and approvals; and (c) use commercially reasonable efforts to minimize any disruption or interference with the use and conduct of business upon the Parcels. Notwithstanding anything to the contrary herein, an Owner shall be responsible for one hundred percent (100%) of the costs of any maintenance, repair or replacement required due to the negligence or willful misconduct of such Owner or its contractors, employees, agents, licensees, lessees or invitees. 5. Use Reservation. The use and enjoyment of the Apartment Parcel is hereby reserved by MRMH to the extent that such use and enjoyment does not unreasonably interfere with the use of the Stormwater Drainage Easement (FLH) or the enjoyment of the rights granted by this Agreement. The use and enjoyment of the Retail Parcel is hereby reserved by FLH to the extent that such use and enjoyment does not unreasonably interfere with the use of the Stormwater Drainage Easement (MRMH) or the enjoyment of the rights granted by this Agreement. 6. Nature of the Easements and Rights) The Stormwater Drainage Easements and the rights and obligations created herein shall run with the land, shall be binding upon and inure to the benefit of the Apartment Parcel and the Retail Parcel and all persons having an interest therein other than those having such interest merely as security for the performance of an obligation. The terms "Owner", "MRMH", or "FLH" shall refer to the record owner(s) of fee simple title to the Apartment Parcel and the Retail Parcel, as applicable, as may be the case from time to time. 7. Insurance. At all times an Owner (or its employees, agents, contractors, invitees or lessees) exercises rights hereunder involving entry upon another Owner's Parcel, such Owner shall maintain or cause to be maintained, commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000) (which amount may be covered by a combination of commercial general liability and umbrella/excess coverage) naming the Owner of the Parcel being entered upon as an additional insured. Any Owner may require reasonable increases to the amount of such insurance from time to time. 8. Indemnification. Each Owner (the "Indemnifying Owner") shall indemnify and hold the other Owner (the "Indemnified Owner") harmless from and against any and all losses, damages, claims, liabilities and expenses, including without limitation reasonable attorneys’ fees (collectively "Losses"), incurred by the Indemnified Owner and arising out of or in connection with (i) acts or work performed by the Indemnifying Owner, its contractors, employees, agents, licensees, lessees or invitees on the Indemnified Owner's Parcel; (11) the exercise of any rights under this Agreement by the Indemnifying Owner, its contractors, employees, agents, licensees, lessees or invitees; or (iii) any mechanic's lien filed on the Indemnified Owner's Parcel as a result of work performed by, or at the request of, the Indemnifying Owner, but in the case of (i) and (ii), only to the extent such Losses (a) are in excess of insurance proceeds to which the Indemnified Owner is entitled with respect thereto, and (b) were not caused by the negligence or intentional misconduct of the Indemnified Owner, its contractors, employees, agents, licensees, lessees or invitees. 9. Miscellaneous. a. No Waiver. No delay or omission of any Owner in the exercise of any right accruing upon any default of any other Owner shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance, of such default. A waiver by any Owner of a breach or a default of any of the terms and conditions of this Agreement by any other Owner shall not be construed to be a waiver of any subsequent breach or default of the same or any other provision of this Agreement. b. Remedies. The remedies expressly provided for in this Agreement shall be in addition to and not in substitution for or exclusion of any other rights and remedies which an Owner may have under this Agreement or at law or in equity. C. Severability. In the event any provision or portion of this Agreement is held by any court of competent jurisdiction to be invalid or unenforceable, such holding will not affect the remainder hereof, and the remaining provisions shall continue in full force and effect at the same extent as would have been the case had such invalid or unenforceable provision or portion never been a part hereof. d. Estoppel Certificates. Each Owner shall, upon not less than fifteen (15) days from receipt of written notice from another Owner, execute and deliver to the requesting Owner a certificate in recordable form stating: (i) either this Agreement is unmodified and in full force and effect or is modified (and stating the modification), and (ii) whether or not, to the best of its knowledge, such other Owner is in default in any respect under this Agreement and if in default, specifying such default. e. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been delivered three (3) business days after deposit in the United States Mail as Certified Mail, Return Receipt Requested, postage prepaid, or one (1) business day after deposit with signed receipt to any national overnight courier for next business day delivery, in each case addressed to the Owner at the current address on file with the real property taxing authority for such Owner's Parcel, or upon delivery in hand at such address (or refusal if refused). Upon written notice from either party, notice shall also be provided to the mortgage holder of the applicable Parcel and to the primary tenant for the same and such parties shall have the same right to enforce, or cure, defaults according to the terms hereof, as the Owner of such Parcel would have. f. Choice of Law and Venue. This Agreement shall be governed in all respects by the laws of the State of Indiana without reference to its or any other state's choice of law principles or rules. Venue for any legal proceeding arising out of this Agreement shall be exclusive to courts located in Hamilton County, Indiana. g. Attorneys' Fees. In the event legal action is instituted to interpret or enforce the provisions of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing the prevailing party's reasonable costs and attorney's fees, including all costs and fees that are incurred in any trial, on any appeal and/or in any bankruptcy proceeding. For purposes of this Agreement, "prevailing party" shall include a party obtaining substantially the relief sought, whether by compromise, settlement or otherwise. h. Not a Public Dedication. | Nothing herein contained shall be deemed to be a gift or dedication of any portion of the property described herein to the general public, or for any public use or purpose whatsoever. i. Effective Upon Conveyance. To the extent not already effective under Indiana law, this Agreement and the Stormwater Drainage Easements described herein shall become effective immediately upon the conveyance by FLH to MRMH of the Apartment Parcel. j. Term. The term of this Agreement and the rights and obligations of the Owners and their successors and assigns shall, absent a mutual written termination, continue in perpetuity or, if the length or indefinite nature of such term would violate a statutory or common law rule against perpetuities, then the term shall continue for such maximum length of time as is allowed by applicable laws. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have executed this Agreement on the dates of notarization below to be effective as of the Effective Date. MRMH: MICHIGAN ROAD MULTIFAMILY HOLDINGS, LLC, an Indiana limited liability company y. Limo ” Fred M. FeSenfeld, Jr., Authorized Signatory STATE OF Fda ) county oF Hun lon, On this | (" ‘day of May, 2024, before me personally appeared Fred M. Fehsenfeld, Jr., Authorized Signatory for Michigan Road Multifamily Holdings, LLC, who acknowledged the execution of this Stormwater Drainage Easement for and on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. bicade wut Cel Ot Print Name: a Wer L. den My Commission Expires: Notary Public in and for said County and State 3/33/33 eet Signature Page te Stormwater Drainage Easement FLH: FEHSENFELD LAND HOLDINGS, LLC, an Indiana limited liability company y Fa ” Fred M. Felsenfeld, Jr., Authorized Signatory STATE oF Lane ) ) SS: COUNTY OF Lavi ‘on j Before me, a Notary Public in and for said County and State, personally appeared Fred M. Fehsenfeld, Jr., authorized signatory for Fehsenfeld Land Holdings, LLC, who acknowledged the execution of the foregoing Stormwater Drainage Easement for and on behalf of said company. P y SA WITNESS gs wer hei Seal on this | AT tay of May, 2024. er Couns. s :> wove ee ‘ 4 bi bu¥ 4 gee = v/ Number | = “x mn = 1B MOM Bi y F = % & \S NOTARY SEAL," 3 ay % ot ®sion exp SANG = Print Name: envi a L. Pedon My Commission Expy fey OF aN) SS Notary Public in and for said County and State \) aed. a; sc ae 3) 93) > | affirm, under the penalties for perjury, that | have taken reasonable care to redact each Social Security number in this document, unless required by law. Jason A. McNiel. Jason A. MeNiel, ICE This instrument prepared by and to be returned upon recording to: MILLER LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282. Signature Page to Stormwater Drainage Easement Exhibit A FLH Property Part af the Northwest Quarter of Section 6, Towaship i? North, Range 3 Zast, is Hamilton County, Indiana, more particularly described as follows: Bevinning on the South line of the Nonhwest Quarter of Section 6, Township 17 North, Range 3 East 1686.72 feet North &9 degrees 25 minutes 25 seconds West (assumed bearing) Storm the Southeast corner thercof; thence North 00 deerces 49 minutes 45 sccunds East paralicl with the East hire of said Quarter 814.31 feet te a point 1837.05 feet South OG degrees 49 minutes 45 seconds West of the Nonh ling of said Nozthwest Quarter; thence North 89 degrees 29 minutes 25 seconds West parallel wiih the South line aforesaid 754.46 feet: thence South O8 dcyrees 49 minutes 12 seconds West 11.50 feet, thence South 72 degrees 02 minutes 12 ssconds West 643.99 feet to Ure cunmterine of U.S. Highway f42t, thence South 14 degrees 22 minutes 48 seconds East on and along said Centerline 629.59 feet to the South Nine of said Quarter: thence South 89 degives 29 aiinutes 2S seconds Bas! en and alone satd South line 1208.85 fect to the hezinning point, containing 23.00 acres, niors of less. Excepting therefrom thar real estate conveyud te the State of Indiana by Warranty Deed recorded April 28, 2000. as Instrument 200000019725, and re-recorded Octoder 7, 2006, as instrament EODANCHOTSOL, und mors particularly described 2s follows: A part of the Northwest Quarter of Section 6, Township 17 North, Range 2 Ezst of the Scconé Principal Meridian, Hamilion County, indiana, and being ail Cat part of the ewnce’s land lying within the right of way lines of Parcel 31 as degicted on the atachad Right of Wey Parcel Plat, also described es follows’ Commencing at the southeast comor of the Northwest Quarter of said Section 5; thense Nonh 89 degrees 39 minuies 09 seconds West 672.792 meters (2207.32 feet} along the sovth Jine of said quarter acction to tre eastern boudary of US, 42] ene the Point of Beginning of this csscriptioa: thence North [$ degrees 43 minutes 20 seconds West 197.037 meters (646.45 feet) aleny the honrdary of suid U.S. $23 to the northern line of the owner's land: thence North Fl degrees 28 minutes 33 seconds East 5.766 meters (18.92 feet) along said northern hie; thence Saath 15 degrees 48 minutes 20 seconds East 95.823 meters (314.38 feet) to poim “784" as shows on said Right of Way Parced Plat; thence South 11 desraes 30 minutes 59 seconds East 40.112 meters (134.60 Feet) to point “733" as shuwn on said plat; theace South 15 degrees 4% yninutcs 20 seconds East 62.287 meters (204,35 fest) to the south line of said quarter section; thence North 89 Cogrees 24 minutes C9 seconds West 2.873 meters (9.43 feet] aloay said soudi line tu the point of beginning and containing 6.089 hectares (0.221 acres}, more or toss. A-1 Exhibit B Apartment Parcel Part of the land conveyed to Fehsenfeld Land Holdings, LLC recorded as Instrument Number 201207077 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest Quarter of Section 6, Township 17 North, Range 3 East of the Second Principal Meridian in the City of Carmel, Clay Township of Hamilton County, Indiana, being more particularly described by Anthony B. Syers, LS20800124 of Civil & Environmental Consultants, Inc. on May 13, 2024, as follows: COMMENCING at the southeast corner of said quarter section; thence South 89 degrees 38 minutes 34 seconds West (Indiana State Plane - East Zone Grid Bearings) along the south line of said quarter section a distance of 1,049.97 feet to the POINT OF BEGINNING; thence continuing South 89 degrees 38 minutes 34 seconds West along said south line a distance of 1,147.18 feet to the east right-of-way of Michigan Road as described in Instrument Number 200400069561 as recorded in said recorder's office; thence North 16 degrees 30 minutes 37 seconds West along said east right-of-way a distance of 145.89 feet; thence North 73 degrees 29 minutes 23 seconds East a distance of 120.62 feet to a point on a tangent curve to the left having a radius of 459.50 feet, the radius point of which bears North 16 degrees 30 minutes 37 seconds West; thence northeasterly along said curve an arc distance of 205.51 feet to a point which bears South 42 degrees 08 minutes 06 seconds East from said radius point; thence North 16 degrees 30 minutes 37 seconds West parallel with said east right-of-way a distance of 463.91 feet to the south line of the real estate conveyed to Donna Nelson as recorded as Instrument Number 2020038391 in said recorder's office; thence North 72 degrees 10 minutes 11 seconds East along said south line a distance of 284.19 feet to the southeast corner of said real estate; thence North 07 degrees 57 minutes 11 seconds East along the east line of said real estate a distance of 11.60 feet to the southwest corner of Lot 4 in Woodhaven Section One per plat thereof as recorded in Plat Book 9, pages 22-24 in said recorder's office; thence North 89 degrees 38 minutes 34 seconds East along the south line of said Woodhaven Section One a distance of 754.46 feet; thence South 00 degrees 02 minutes 16 seconds East a distance of 814.80 feet to the Point of Beginning, containing 18.596 acres of land, more or less. B-1 Exhibit C Retail Parcel Part of the land conveyed to Fehsenfeld Land Holdings, LLC recorded as Instrument Number 201207077 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest Quarter of Section 6, Township 17 North, Range 3 East of the Second Principal Meridian in the City of Carmel, Clay Township of Hamilton County, Indiana, being more particularly described by Anthony B. Syers, LS20800124 of Civil & Environmental Consultants, Inc. on May 13, 2024, as follows: COMMENCING at the southeast corner of said quarter section; thence South 89 degrees 38 minutes 34 seconds West (Indiana State Plane - East Zone Grid Bearings) along the south line of said quarter section a distance of 2,197.15 feet to the east right-of-way of Michigan Road as described in Instrument Number 200400069561 as recorded in said recorder's office; thence North 16 degrees 30 minutes 37 seconds West along said east right-of-way a distance of 145.89 feet to the POINT OF BEGINNING, the following three (3) courses run along said east right-of way; (1) thence continuing North 16 degrees 30 minutes 37 seconds West a distance of 58.47 feet; (2) thence North 12 degrees 13 minutes 16 seconds West a distance of 131.60 feet; (3) thence North 16 degrees 30 minutes 37 seconds West a distance of 312.28 feet to the westerly extension of the south line of the real estate conveyed to Donna Nelson as recorded as Instrument Number 2020038391 in said recorder's office; thence North 72 degrees 10 minutes 11 seconds East along said westerly extension of south line and said south line a distance of 309.58 feet; thence South 16 degrees 30 minutes 37 seconds East parallel with said east right- of-way of Michigan Road a distance of 463.91 feet to a point on a non-tangent curve to the right having a radius of 459.50 feet, the radius point of which bears North 42 degrees 08 minutes 06 seconds West; thence southwesterly along said curve an arc distance of 205.51 feet to a point which bears South 16 degrees 30 minutes 37 seconds East from said radius point; thence South 73 degrees 29 minutes 23 seconds West a distance of 120.62 feet to the Point of Beginning, containing 3.553 acres of land, more or less. C-1 mockers — 40: SYI6/BOR4 3:58 Pit PEST AOR, targd 2 $ LSAGSIEL2O2E — ry ses PrN BI O- OOD) FI 1 BOS Survey \Oug S091 LOTIMLOT? Exhibit D Stormwater Drainage Easement Area DONNA NELSON, AS TRUSTEE U/A DID 08 OG 06 2002, DONNA NELSON AS SETLOR INSTR. $202003839! °, POBLOT2AND~ 15 BLOCKA EASEMENT > Soctcys NORTH INDIANA STATE PLANE EAST ZONE BEARINGS “BYP AND DRAINAGE \ este aches ; BMP AND DRAINAGE EASEMENT BLOCK A AND LOT 1 2.239 ACRES LOT2 POINT OF -, COMMENCEMENT SE CORNER, NW 1/4 SEC 6, THN, RIE LY SOUTH AINE AW 1/4 SEC, 6, THM, Bak = oe, xX FC. REAIY FORTY GORDON LEE AND THE TOWNES AT WESTON POINTE 6. WANDA MAY ALLEN SECTION 1 THREE LC. SENA REALTY WP LLC KeySroWE TRUST INSTR. #20040067974 SCALE IN_FEET , BR Anema) ATR BOOMING Ns, fotsees6/ P.C.3, SUDE 489 0 180 ¥0 va t _ REI INVESTMENTS, INC. hi a O8.-PONTOF BEGINING ee EDGE AT WEST CARMEL te is IN 46004 11335 N. MICHIGAN ROAD rrr " CARMEL, INDIANA REFERENCE: , Civil & Environmental | ph: 317.655.7777 This exhibit is based upon the ALTA/NSPS . ’ Land Tite Survey by ol & Environmental Consultants, Inc. | www.ceciecom BMP AND DRAINAGE EASEMENT fae rH Ha mh No. 511-804 DRAWN BY: NRB| CHECKED BY: ABS] APPROVED BY: ABS|FIGURE NO.: DATE: MAY 16, 2024] DW SCALE: [PROJECT NO: 311-804 | of 4 D-1 aad — 6 syrre-woee peeabienn > ae FOSS RE weg hf LESH faa ser seer POO ES REO Sarva Omg LINE TABLE LINE TABLE LINE TABLE CURVE TABLE ~ CURVE RACIAL BEARINGS ~ UNE #} DIRECTION |LENGTH} |LINE #] DIRECTION | LENGTH CURVE 4) RAGIUS | LENGTH Ls aoza'se" w] atg7s'| | ur? | s agor'zo” w) 39.38 UNE # DIRECTION ct | ane’ | 290.41" N 1630'S7" WI] 204.36 Ua saree w] 5789 LS3 § 2g40'se" € ce | 116.24" | 15260" wiisie wl sige’ | | ug fs pyzetest w] 372 Li N 132816" E cs | sag.za' | 17098 la | reso'set wf stage] | ae [Neots Ww) t9.00" LSS SW5292" ce | s4gaq | t88r ls |urreaet ef soosa | | ar | ryae'es* | sae" Li6 N 83910" € ch | one | se00' is |urretet el sear | | 2 fy areas |) 1957 U7 5 BESTO8" ce | aaa | 3e.70 Lr Js ipsa e| sss | | ly |y agtsagt wh tse! 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DATE: MAY 16, 2024] 0113 SCALE: PROJECT NO: 311-804 2of 4 D-2 LEKPG24 EST Fee & ft mm obeiers more LEB RE BF LS A cfwes 2. fi fe ESM: NT TERUG SY £4 See ne weg SVIP LOTIMLGTA OGRA fa 8lit tm Survey DOD IF FLED LOT 2 AND BLOCK A BMP AND DRAINAGE EASEMENT DESCRIPTION Part of the Block A and Lot 2 of The Exige of West Carmel per the pial thereof recorded as Instrument Number in the Olfoe of the Recorder of Hamilton County, Intiana, situated in the Northwest Quarter of Section 6, Tawnsiip 17 North, Range 3 East, of the Second Principal Meridian in the Cay of Camel, Clay Township of Hamilton County, Indiana, being more part culary described by Anthony B. Syers, LS20800124 of Cul & Environmental Consutants, inc. on May 16, 2024, as follows: COMMENCING at the southeast corner of saxi quarter section thence South 89 degrees 36 mnutes 34 seconds West (Indiana State Plane - East Zone bearings} along the south line of saxd quarter section a distance of 2,197.15 feet to the east rayht-of-way of Michigan Read recorded as Instrument Number 2000019725 in sad recoriers office, the following ttvee (3) courses follow along said east right-of-way; (1} thenos North (6 degrees 30 minutes 37 seconds West a distance of 204.36 feet; (2) thence Noth 12 degrees 13 minutes 16 seconds West a distance of 131.60 feet; (3) thence Nosh 16 degrees 30 minutes 37 seconds West a distance of 312.28 feet to a point on the westerly extension of the south ine of the real estaty conveyed to Donna Nelson recorded as Instrument Number 2020038391 in said recorders offioe; thence North 72 degrees 10 minutes 11 seconds East along saki westerly extension and said south line a distance of 309.58 feet to the POINT OF BEGINNING being the northeast corner of Lot | in said The Edge of West Cannel; thence continuing North 72 degrees 10 nunutes 11 seconds East along sad south tne a dis tance of 56.01 feet fo the northwest corner of said Lot 2 in said The Edge of West Carma: thence South 16 degrees 3 minutes 37 seconds East dong the east line thereof a distanos of 30.53 feet; thence North 73 degress 23 minutes 23 seconds East a distance cf 197.50 feet; thence North 97 degrees 29 minutes 48 seconds East a distances of 23.40 feat to a po;nt on a nontangent curve fo the ight having a radius of 447.84 feet, the radius point of which bears South 23 degrees 40 minutes 29 seconds East; thence easterly along said curve an arc dstance of 290.11 feet to a pont which bears North 13 degrees 26 minutes 16 seconds East from said radius point; thence South 76 degrees 38 minutes 08 seconds East a distame of 22.28 feet to a point on a tangent curve to the night having a madius of 11624 feet, the radius point of which bears South 13 degrees 21 minutes 52 seconds West; thanos southeasterly along sax curve an arc distance of 152.61 feet to a point which bears North 88 degreas 35 minutes 10 seconds East from said radius point: thenoe South 61 degrees 62 minutes 52 seconds East a distanoe of 14.38 feet to a point on a tangent curve to the right having a radius of 146.24 feet, the radius point of which bears South 88 degrees 57 minutes 08 seconds West thence southwesterly along said curve an arc distance of 170.98 feat toa point which bears South 24 degrees 03 minutes 27 seconds East from said radius point; thenoe South 00 degrees 02 minutes 16 seconds East a distance of 151.08 feet: thence South 89 degrees 57 minutes 44 secomis West a distance of 20.00 feat; thence North 00 degrees 02 minutes 16 seconds West a distance of 124.49 feet; thence South 89 degrees 57 minutes 44 seconds Westa dstanos of 18.33 feet thenos North 60 degrees (2 minutes 16 seconds West @ distaos of 15.47 feet to a point on a nontangent curve to the right having a radius of 146.24 feel, the radius pot of which bears North 08 degregs 22 minutes 14 seconds West: thence westerly along sad curve an arc distance of 18.87 feet to a pont whch bears South 00 degrees 58 minutas 40 seconds East fom said radius point; thence South 89 degrees 01 minutes 20 seconds West a distance of 139.84 feat to a point on a tangent curve to the right having a radius of 9124 fet, the radius point of which bears North 00 degrees 58 minutes 40 seconds West; thence westerly along said curve an arc distance of 58.06 feat to a point which bears South 35 degrees 26 minutes 39 seconds West from saxi radius point; thenos South 41 degregs 44 minutes 11 seconds West a distance cf 57.82 feat: thence South 73 degrees 29 minutes 23 seoonds West a distance of 157.82 feet to said west line of Lot 2: thenos North 16 degrees 30 minutes 37 seconds West along sad west line a distanos of 19.00 fet: thence North 73 degrees 29 minutes 23 seconds East a distance of 150.82 feet; thanoe North 41 degrees 44 minutes 11 seconds East a distance of 19.57 feet, thence North 48 degrees 15 mutes 49 seconds Wasta distance of 15.00 fet; thence North 41 degrees 44 minutes 11 seconds East a distance of 20.00 feet: thence South 48 degrees 15 minutes 49 seconds East a distance of 15.00 feet; thence North 41 degrees 44 minutes 11 seconds East a dstance of 14.46 feet to a pomt on a non-tangent curve fo the right having a radius of 91.24 feet the radius point of which bears North 48 degrees OF minutes 43 seoonds East; thence nortnwesterly along said curve an arc distance of 30.76 feat to a point which bears South 67 degrees 18 minutes 35 seconds Wast from saxi radius point; thence North 24 degrees 23 minutes 13 seconds West a distance of 39.99 fet fo a point on a tangent curve to the [eft having a radius of 153.00 feet, the radius point of which bears South 65 degrees 36 minutes 47 seconds West: thenoe nonhwestery along said curve an are distance of 53.08 feet to a point which bears North 45 degrees 44 minutes 07 seconds East from sad radius pont; thence North 44 degrees 12 minutes 35 seconds West a distance of 0.14 feet toa point on a non-tangent curve to the rght having a radius of 71.20 feet, the radius pointof which bears North 45 degrees 50 minutes 42 secoris East; hence northerly along saxi curve an arc distance of 62.15 fsetto a point which bears North 64 degrees 08 minites 26 seconds West from sad radius point to a point on a non-tangent curve to the left having a radius of 16,00 et, the radius point of which bears North 84 degrass 05 minutes 45 seconds West thenoa northwesterly aiong said curve an ac distance of 31.39 fest to a point which bears North 16 degrees 30 minutes 37 seconds West from sad radius post: thence South 73 degrees 29 minutes 23 seconds West a distance of 144.86 feet to sad west line of Lot 2; thence South 16 degrees 30 minutes 37 seconds East aiong said west ine a distance of 15.32 feat; thence South 73 degrees 23 minutes 23 seconds West a distance of 56.00 feet to the east line of said Lot 1; thence North 16 degrees 30 minutes 37 seconds West along said east line a dstance of 64.55 to the Pomt of Beginning, containing 2.739 acres of Jand, more or Jess. ae ag— fs Anthony B. Syers Registered Land Surveyor No. L$20800124 May 16, 2024 asyemsa@cecnc com prepared by Anthony B. Syers REI INVESTMENTS, INC. KEL ee Street EDGE AT WEST CARMEL aie is IN. 46204 11335 N. MICHIGAN ROAD CARMEL, INDIANA laiiirm, under the penatties tor perjury, that | Civil & Environmental : have taken reasonable care to redact each Consuleanee 1 Ph: 317.655.7777 BMP AND DRAINAGE EASEMENT Social Security number in this document, ONSUITANES, INC. weew Cecinc.com BLOCK A AND LOT 2 unless required by law. Anthony 8. Syers DR AWIN BY: NAB CHECKED BY ABSIAPPROVED BY: ABSIAGURE NO. ™ DATE MAY 16, 2024[DWwG SCALE PROJECT NO: 311-804 3 of 4 D-3 LOT 1 BMP AND DRAINAGE EASEMENT DESCRIPTION Part of the Lot 1 of The Edge of West Carmel! per the piat theredl recorded as instrument Number in the Office of the Recorder of Hamilton County, Indaana, situated in the Northwest Quarter of Section 6, Township 17 North, Range 3 East, of tha Second Principal Meridian in the Cay of Carmel, Clay Township of Hamiton County, indiana, being more particularly described by Anthony B. Syars, L$20800124 of Cwil & Environmental Consultants, inc. on May 16, 2024, as follows: IES REEE EST Pad s COMMENCING at the southeast comer of said quarter section thence South 88 degrees 38 minutes 34 seconds West (Indiana State Piane - East Zone bearings) along the south fine of said quarter section a dstanoe of 2,197.15 feet to the east rightot-way of LINE TABLE Nich-gan Road recorded as Instrument Number 250001 9725 in sad recomer's office, the folowing four (4) courses follow along sad LOT * 8MP AND east right-of way; (1} thetiog North 16 degrees 30 mixiutes 37 seconds West a distance of 204.36 feat; (2) thence North 12 degrees ODRAINACE EASEMENT 12 minutes 16 seconds West a distance of 131.60 feet (3) thence North 16 degrees 30 minutes 37 seconds West a distance of “ ‘ 254.86 fet to the POINT OF BEGINNING; (4) thence contnuing North 16 degrees 30 minutes 37 seconds West a distance of 57,42 feet to a point on the westerly extension of the south tne of the real estate conveyed to Doma Nelson recorded as Instrument UNE #] DIRECTION | LENGTH Number 2020038301 in said recorders office, thence North 72 cegrses 10 minutes 11 seconds East along said westerly extension 7 se 7 and said south ine a distance of 309.58 feet to the northeast corner of said Lot | in said The Edge of West Carmel; thence South 16 L 893834" WY 2197.15 degrees 30 minutes 37 seconds East along the east line of sad Lot 1 a distanos of 64.55 feet; thence South 73 degreas 29 minutes WW 23 seconds West a dis tanos of 309,50 feet to the Point of Beginning, containing 0.433 acres of tand, more or less. ESOT WY 204.36 Ow gtd! LSES/IES OEE — eboker) Le 12436" WY] 131.60" 1S 3OI7" Wl) 254.86" & Aes wlzl[z)lz2}]z}2] 4 Ao Sn— LSé 18.30'37" wl] 87.42" i aethony B Syes Ls? 72" E | 309.56 8 Registered Land Surveyor No. LS20800124 Ls8 163037" E] 64.55" 5 May 16,2024 © oRoRD4" aA i asyers@ioucine.com L59. «|S 73'29'23" w| 309.50 prepared by Anthony B. Syers na | affirm, under the penalties for perjury, that | have taken reasonable care to redact each Socal Security number in this document, uniess required by law. Anthony B. Syers. REI INVESTMENTS, INC. KEL 330 F Ove Street EDGE AT WEST CARMEL re sity 46204 11335 N. MICHIGAN ROAD Civil & Environmental | ph: 317.655.7777 CARMEL, INDIANA D-4 Consultants, Inc. Ww COCINC.COMm BMP eae EQASEMENT DR AVN BY: NRB|CHECKED BY: ABS|APPROVED BY: ABS] FIGURE NO. DATE MAY 16, 2024|0wa SCALE PROJECT NO. 311-804 4 of 4 SA EIDANNA D1 Bd Survey | Seg (SUT E LOT ALOT? ORROAGE £AS. Exhibit E Pro Rata Share (1) Apartment Parcel: 83.02% (2) Retail Parcel: 16.98%