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Home My WebLink AboutOld Meridian - Penn Circle LLC 2013060387 EASEMENTS $27.00 09/24/2013 11:49:13A 8 PGS 010' Mary L. Clark e44,t HAMILTON County Recorder IN Recorded as Presented DAN Iftt!E IIIII(IIIIIIIlit ii(H((IIIIIIit IIIIillllllllllllll1I IIl �y�' Cross Reference to Prior Deed of Record: Instrument number 2011055621, in the Hamilton \p County, Indiana Recorder's Office. APPROVED GnD DRAINAGE EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is made and entered into this //cf day of aphtm/2c2 , 2013 by and between Penn Circle LLC, an Indiana limited liability company, ("Grantor") and the City of Carmel, Indiana by and through its Board of Public Works & Safety ("Grantee"). RECITALS A. Grantor owns certain real property located in Hamilton County, Indiana, which is more particularly described in what is attached hereto and incorporated herein by reference as Exhibit A (the "Grantor Parcel") and which is a part of the real estate conveyed by the deed identified in the cross-reference above. B. Grantee, in connection with Grantor's installation of underground pipes and drainage infrastructure, including, but not limited, to inflow and outflow pipes, outflow control structure, conduit and related equipment(collectively the "Drainage Improvements"), requires a permanent drainage easement over a portion of the Grantor Parcel, which permanent drainage easement area is more particularly described in what is attached hereto and incorporated herein by reference as Exhibit B (the "Permanent Easement Parcel"). NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grants of casements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual easement under and through the Permanent Easement Parcel for the purposes of drainage under and through the Drainage Improvements. 2. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the right to use the Permanent Easement Parcel for any and all purposes and uses not inconsistent with this Agreement and Grantee's rights and privileges hereunder and to install improvements specifically allowed by that certain development plan amendment, Docket No. 110100 IODP Amend (the "DP Amendment") including a parking lot or a portion thereof consisting of asphalt paving, concrete, curbing and landscaping, all in accordance with the DP Amendment. 3. Obligations of Grantor. Grantor, at its expense, shall maintain and repair the Drainage Improvements. Grantor shall keep the Permanent Easement Parcel free of any fence, structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee or allowed under Section 2). Grantor shall mow and care for the grass located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris, silt, 1 weeds, refuse and any other obstructions. Grantor shall maintain, repair, replace, and service all roadside ditches or swales and all driveway, walkway or similar culverts located within the Permanent Easement Parcel. Grantor shall not block, impede or interfere with the Drainage Improvements or Grantee's access thereto. 4. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with the benefits and privileges thereof, shall run with and bind the Grantor Parcel, shall inure to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants, which touch and concern the Permanent Easement Parcel and the Grantor Parcel, as applicable, shall run with the Permanent Easement Parcel and the Grantor Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may further exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and reasonable attorneys' fees). 5. Environmental Matters. The Grantor covenants and represents that to its actual knowledge, the Grantor Parcel is not presently the subject of nor is there the threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or action. The Grantor agrees that between the Grantor and the Grantee, the acceptance of this Agreement by the Grantee shall not increase the liability of the Grantee for environmentally related claims arising from or related to (i) conditions on the Grantor Parcel prior to the acceptance of this Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Grantor Parcel not created by Grantee. Grantor shall cooperate with Grantee in complying with any and all applicable federal, state or local requirements for drainage and/or storm water. 6. Jurisdiction. The Grantor and the Grantor agree that any litigation associated with or arising from this Agreement shall be filed with a court of competent jurisdiction within the State of Indiana. 7. Amendment. This Agreement may be amended or released only by a written instrument signed and recorded (i) by the then owner of the Grantor Parcel and Grantee, by and through the Board of Public Works & Safety of Carmel, Indiana or its successor, which acting as aforesaid in conjunction with the then owner of the Grantor Parcel, shall have authority to amend or release this Agreement; (ii) by an order of a court of competent jurisdiction; or (iii) otherwise in accordance with or as may be required by applicable laws. In the event that the Grantor Parcel is later redeveloped, upon receipt of all necessary municipal approvals, consents and permits for such redevelopment (including, but not limited to, the consent of the City of Carmel's Department of Engineering and Department of Community Services) (the "Approved Redevelopment"), then the Grantee, by and through the Board of Public Works & Safety of Cannel, Indiana or its successor and the then owner of the Grantor Parcel shall amend this Easement as necessary to accommodate the Approved Redevelopment. 2 • 8. Complete Understanding. The Grantor and the Grantee agree that this Agreement, and the documents incorporated herein, represent the entire understanding between the Grantor and the Grantee as regards the subject matter hereof. 9. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. 10. Notice. All notices under this Agreement to the respective parties shall be made in writing and shall be served by prepaid registered or certified mail, addressed to the respective parties as follows: If to Grantor: Penn Circle LLC 450 E. Ohio Street, Suite 304 Indianapolis, IN 46204 If to Grantee: City of Carmel One Civic Square Carmel, IN 46032 Attn: Carmel City Attorney With a Copy to: City of Carmel One Civic Square Cannel, IN 46032 Attn: City Engineer Any such notice will be effective three days after the notice has been deposited in the United States mail, as provided above, or if earlier upon receipt. I L Severability. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance, shall at any time or to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other that those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. 12. Authority. The person executing this Agreement on behalf of Grantor hereby represents and warrants that he has the authority to bind Grantor to the terms and conditions set forth herein, that all necessary action therefore has been taken and that Grantor has obtained all necessary consents and approvals of any mortgagee or other third party required for the granting of the Drainage Easement over the Permanent Easement Parcel. Grantor will indemnify Grantee against any loss, damage or cause of action from a failure under this Section 13. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. 3 GRANTOR Penn Circle LLC By: Penn Holdings LL ndiana limited liability company, manager t_ r•• 'i . . 1- , manage/ Dat-: 8/20A3 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Tadd M. Miller, manager of Penn Circle LLC, manager of Penn Holdings LLC, and acknowledged execution of the foregoing"Drainage Easement Agreement" for and on behalf of said entity. Witness my hand and Notarial Seal this 20-0' day ppoff� ( ot. u34- ,2013. My Commission Expires: (J�"ALD �• caei OCA-019ei 1 201 l, Notary Public Residing in W4VIncSon County (`A,SS1e L. Goolel Printed Name JJ €'�. CASSIE L.COOLEY ;=a *.�`."-- Johnson County ,,...SEAL 4,1 My Commission Expires 14',::F""' October 1,2016 - One Civic Square Carmel, IN 46032 Return to: Sandy Johnson—City of Carmel 4 GRANTEE CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY CAj By: iw/ / ' - James Brai .rd, Mayor`rd Date: J-1d By: A /� ary g nn Burke, Member Date: / —18 --1.3 By: L' ri atson, Member Date: 1/8 /13 ATTEST: Sandra M.Johnson, �a 7-1 4 _ Deputy Clerk for Dian L. Cordray, IAQ' •, Clerk-Treasurer Date: r 'ii 13 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mayor James Brainard, Mary Ann Burke and Lori Watson, by me known to be the Members of the City of Camel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasurer of �_r.:a3 an.a.2� the City of Carmel, who acknowledged the execution of the foregoing "Drainage,,Easetnertny,,,. Agreement" on behalf of the City of Carmel, Indiana. N' PO °'' Witness my hand and Notarial Seal this I 0 day of 13s ,e .` cl.` ` 3 �':/0 .- l 9_ d lt:cYt'A �� ii Notary Public Signature t ;�., : .■- (7. 44)4) c4 vr,5',.• i, Notary Public - Printed 4jF v tuft I a` . Commission Expiration: //c //2 k 'an1.1,11%XI " '',{k County of Residence: //4i� c lM/ .:t;t n ,+i ' f t.4 4,,,, ,t, , 5 MORTGAGEE'S CONSENT This is to certify that, for value received, PNC Bank, National Association, a national banking association (the "Mortgagee"), the holder of that certain Mortgage and Security Agreement executed by Grantor, dated October 28, 2011, and recorded November 2, 201 lwith the Recorder of Hamilton County, Indiana as instrument number 2011055623 (the "Mortgage") executes this Drainage Easement Agreement for the sole purpose of evidencing and memorializing its consent to the foregoing Drainage Easement Agreement and its agreement that in the event of the foreclosure of the Mortgage, it shall not request foreclosure of the Drainage Easement Agreement nor shall it in any such foreclosure disturb the rights established by the Drainage Easement Agreement. PNC Bank, Natio•, Association IMP By: -' ____ Printed: 7 -Ater s S. a(.V'-3 CS- Title: att. >/tJ : •-• •r Date: c� S" Zme3 STATE OF ,t.tf.4,U, ) ) SS: COUNTY OF JY7L1K='cflU ) BEFORE ME, a Notary Public in and for said County and State, personally appeared 7h0maS,S .si/vac'S7 a cI re..), -es'.iokryf- of PNC Bank, National Association, a national banking association, and acknowledged the execution of the foregoing Mortgagee's Consent for and on behalf of said entity. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this 3$day of 2yi4' i/ir r , -2[7{5" ..�a /1 ; `4ii'F tF., DIANA S.PRIEST "�-�'�""�-�� °- �v�'�'� t- b* :, HenddcksCounry I Notary Public �a._ r My Commission Expires Jf M Commission Ex fires ? i".'•'••' February 13,2016 My p Pursuant to IC 36-2-I1-15(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— Douglas C. Haney Instrument prepared by and return to: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032. 6 . . .r Drawing Prepared By: KB Drawing Scale: 1' = 120' sIi.�Cr lis °. �`' ?� s /' r O u py Drawing Date: 2/8/2011 Land Surveyors 494 Gradle Drive Phone:317.844.3333 Ci./ ` Carmel,IN 46032 Fax:317.844.3383 �0 www.SEEAGroupLLC.com 45 2/✓� EXHIBIT OF ,-in, NW�,NEi4 SUBJECT REAL ESTATE N set 75-n8N_R N 88°35'59•E 144.00' Dint of Beginning —— \ S 88'35'59•W 577.10' s00°14'48"E �ryorth line, NE/4 Sec. 35-T1BN-R3E Nsa°ar10• 0.91' 44.65'5' / I / I 86.25' '41•E / ses•49118•w 86.25' SD rI / IIN A / / I I m / 7,:„3 a / 1— opr' ,- a, gm c3 / 1 ii n so ' I I 1,..i, Subject Parcel co /5 / �1 I z J 6.23 acres, ± h / ? / I a is 02'48'1 9"ea h Q / 29.25' 2 -\O/ 3 S87'11'41'E O /Q- l— I 1— N U) /4� tE- / Z I /O / Q E I I //G\/ > E, 1 /J r a1 ;( (0 \ ti�¢4 / /DESCRIPTION OF SUBLECi RIAI ESTATE-IXCWDING ALL Z I m > °' / / RIGHT-[f-WAY Z w w �� / / A part of the Northwest Quarter of the Northeast Quarter of Section d ( I a 0^. 35, Township 18 North,Range 3 East in pay Township,Hamitan I ; 447 / / / County,Indiana,being mare particularly described as follows Z 1 I ° b� / Commencing at the northwest comer of the Northeast Quirter of I t/° 4, / / / Section 35,Township 18 North,Range 3 East, Haniton County, l 2 / / Indiana; thence North 88 degrees 35 minutes 59 seconds East / (aswmed bearin m the north I''me of said Natheasl Quader 41.00 S 44'54'32' / fat to a poet Ong) the east Ins of the nghl-of-way deeated n 3910¢' 58°ot�'E Instrument No 1999-9959388 n the Office of the Recorder of S 15,37 S0'£ 3^ 42.65', Hamiton County,Indiana,said point also being the Point of o y Believing of the herein deserted red estate; thence the fdlowng I ,¢ P/ sin cells on the easterly fines of said right-of-way. 1.)South 00 1 I \a1. / degrees 14 minutes 48 seconds East 0.91 feet 2)Sad 00 g" / / / degrees 11 minutes 41 seconds East 86.25 feet to the point of I / curvature of a cane having a radius of 3864.72 feet the radius / / point of shish bears South 89 degrees 48 minutes 19 seconds West 1 / 3.)southerly on said auw m ac Balance of 20235 feet; 4.) I / South 02 degrees 48 minutes 19 seconds West 29.25 feet to the / point of curvature of a erne honing a radius of 3774.72 feel, the melts pant of which bass South 87 degrees 11 minutes 41 I / seconds East; 5.)southerly on said cane an arc distmce of 197.64 I / f«4 6.)South 00 degrees 11 minutes 41 seconds East 189.32 feet / to a point on the right-of-way deserted in Instrument No. 2003-117246; thence the following five cdls on the perimeter of said right-of-way. 1.)South 44 degrees 54 mnutes 32 seconds East 39.02 feet 2.)South 75 degrees 37 minutes 40 seconds East 45.70 feet 3.)North 58 degrees 01 minutes 47 seconds East 4265 feet; 4.)North 35 dopes 24 minutes 35 seconds East 167.32 feet 5.)North 42 degrees 33 minutes 11 seconds East 70.87 feet to a point being 50 feet northwest of the centerline of Old Meridian Street thence North 35 degrees 21 minutes 15 seconds East sordid with said centerline 639.61 feet to a point being 75 feet Property Location: southwesterly of the centerline of Carmel CMG thence North 54 PENN CIRCLE degrees 41 minutes 10 seconds West on a fine 75 feet PL N014 Sac.35-710N R3E,Clay southwesterly of and padlel with said centerline 44.65 feet to a Township,Hamilton County,Indiana Pont m the north Me of said Northeast Quarter, thence South 88 Project Number:C10-5622 degrees 35 minutes 59 seconds West on said north rile 577.10 feet Page Number 1 of 1 to the Point of Beginn; containing 6.23 acres,more or less L EXHIBIT A f Tul Drawing Prepared By: TMC S' G r O u P. Drawing Scale: = 20' H 1 Drawing Date: 2/18/2013 Land Surveyors 494 Cradle Drive Phone:317.844.3333 Cannel,IN 46032 Fax:317.844.3383 www.SEAGroupLLC.com N 88'35'59'E P0�30.01'---, A � N 88'35'59" E 394.6 / N or th line, NE/4 Sec. 35-TI BN-R3E NW Car, NE/4 Sec. 35-T1BN-R3E E " L-1 N Q m a M un O o P cc o ° ii EXHIBIT FOR I DRAINAGE EASEMENT —, Ks 5ss �f JS/13Z 6" / ti / ` 0J6 2f46, y}yry, C '41 ii .t CO O 30' DRAINAGE EASEMENT O O A 30' wide Drainage Easement over, under, and across a part of the Northwest Quarter of the /I Northeast Quarter of Section 35, Township 18 North, Range 3 East, in Clay Township, Hamilton / County, Indiana, being more particularly described as follows: Commencing at the northwest corner of the Northeast Quarter of Section 35, Township 18 North, Range 3 East, Hamilton County, Indiana; thence North 88 degrees 35 minutes 59 seconds East (assumed bearing) on the north line of said Quarter 394.65 feet to the Point of Beginning of the herein described Easement; thence continuing North 88 degrees 35 minutes 59 seconds East on said north line 30.01 feet; thence South 00 degrees 00 minutes 00 seconds East 184.55 feet; thence South 55 degrees 12 minutes 52 seconds East 85.96 feet to the northwest line of the WR Rettig Regulated Drain; thence South 34 degrees 55 minutes 59 seconds West along said line a distance at 23.97 feet, thence contiuing along said line South 34 degrees 24 minutes 46 seconds West a distance of 6.03 feet; thence North 55 degrees 12 minutes 52 seconds West a distance of 101.63 feet; thence North 00 degrees 00 minutes 00 seconds West 199.51 feet to the Point of Beginning, containing 0.197 acres, more or less. Procerty Location: PENN CIRCLE Pt.NE/4 Sec.35-T18N-R3E,Clay Township,Hamilton County,Indiana Project Number C10-5622 Page Number 1 of 1 L J EXHIBIT B