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Pennsylvania- Storm water easement - MS Carmel U �NJ/ , N 2014018016 EASEMENTS $21.00 ' '�. 05/15/2014 12:42:42P 6 PGS n Mary L. Clark fit/ HAMILTON County Recorder IN Recorded as Presented Cross Reference to Deed: 2014003185 �� j��1 01 �� A A beit GRANT OF' PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between MS Carmel, LLC, an Indiana limited liability company (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; APPROVED @ i) 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 construct a detention pond and certain structural Best Management Practices ("BMP's") on the Real Estate and, in connection with the construction, development and operation of the detention pond and certain structural BMP's, 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 I. 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" (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 includes manholes, pipes, structural BMP's and a wet bottom detention facility with native banks and wetland shelf(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 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. Section 10. Authority. The undersigned person executing this Easement for and on behalf of Grantor represents and warrants that he or she has been duly authorized by Grantor 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. . MS Carmel, LLC, an Indiana limited Liability company By: Mainstreet Asset Management, Inc., an Indiana corporation Its: Manager By. Printer. • "/ Its: CFU Date: 'Jean . 31, cQO/y STATE OF INDIANA )SS: COUNTY OF HAMILTON ) /� Before me, a Notary Public in and for said County and State, personally appeared Ad la; Ches+ei , the (f o of Mainstreet Asset Management, Inc., the Manager of MS Cannel, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Easement for and on behalf of said company. Witness my hand and Notarial Seal this &'7 day of man . , 2014. My Commission Expires: an r m 1 0 a 0 1 Notary Plrblic Residing in 1 4001; 14-0n County LeicLn An, eon away/ Printed Nat e . ,,;••., LEIGH ANN CONAWAY ._'`• •=. Hamilton County i•i„o,4 My Commission Expires °0. • May 10,zots CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY A/07 Tre So/"l James Brainard, Presiding Officer Date: 3/5// )16 Mary Ann urke, Member Date: 3 S- y I affirm, under the penalties for purjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Prepared by Douglas C. Haney Hane Carmel City Attorney Lori Watson Xtcmber Date: :Z71iI7 ATTEST: oeix/�� Sandra?`:i.Johts'n., De pu ele,ric Diana L. Cordra AMC, Clerk-Treasurer Date: 3(31 j � STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, the presiding officer 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 Cannel, Indiana Board of Public Works & Safetyr+Me.nbers; Rani Pores u.rk+.-se 4x.W0.'t'Son. Witness my hand and Notarial Seal this p day of . 7,24,41,„' ,241 My Commission Expires: ( ' , )t: r'•� ///01/7 Notary Public ' 1,., lv--- f� � � � Residing in /�/�'7j/j pn) County d- ;/lm/ 0.7 ;014 � ` Printed Name <=ate' .N:1139]A1.,. STATE OF INDIANA ) )SS: COUNTY t HAMILTON ) Before me, a etary Public in and for said Count . State, personally appeared Mary Aim Burke, a member of t' ity of Carmel, Board e ublic Works & Safety and acknowledged execution of the foregoing Easen : t for ane s Behalf of Board of Public Works & Safety. Witness my hand and anal Seal t day of , 2014. My Commission E ei es: Notary Public Residing i County Printed Name E ¥ Kb;t , &, Pennsylvania Street — `4S -- - - - - - West u , a * // 9 z AS /Qi cm z • q k ! j Z \ \ r § ' } $ \ _ / _ ¥ m } § ^ alp #r�aR « En �8 120028:11113. a • / �to \ �o /� l,�s4 "" g . gef ! zi q| ■\2 | ! rob 91 Zito ! 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AMERICAN m:am�mSTATION DATE: _ STRUCTUREPOINT INDIANAPOLIS, � 2 a INC. r © 1 INC. _ _ e at ELN JCO NO. 2013.00569 CF \ ® i 7 n o c uEiui '-o® o m ® p000 ` t minim CITY O ' ARMEL t February 6, 2014 JAMS 13RAINARD, MAYOR S U Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: MAINSTREET HEALTH AND WELLNESS SUITES OF CARMEL—GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: Adlai Chester, CFO Mainstreet Asset Management, Inc., has requested the City accept a Grant of Perpetual Storm Water Quality Management Easement for the development of the Mainstreet Health and Wellness Suites of Carmel project, to be located approximately in the northeast corner of Pennsylvania Street and City Center Drive. (Part of the West half of the Northeast% of Section 35, Township 18 North, Range 3 East. The easement consists of 1.69 acres and encompasses the storm water quality system for the project. Attached are the required grant of easement forms signed by petitioner. The "Cross Reference to Deed" will be filled in during the recording of the easement by the petitioner. The Department of Engineering has reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Michael T. McBride, P.E. City Engineer ATTACHMENTS S:\BPW14\MAI NSTREETGRANTOFEASEM ENT.DOC DEPARTMENT OP ENCINEEHINC ONE Civic SQUARE. CARMEL. IN 46032 OEncE 3175712411 FAx 317.5712439 IYIAn. ennlneerinTi ctmiel.iaguv