Pennsylvania-Partial Release of Easement - MS Carmel 2014018017 MISC $15.00
05/15/2014 12:42:42P 3 PGS
`� Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
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\�(Tj RESOLUTION NO. BPW 03051405
® A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, REGARDING THE
PARTIAL RELEASE OF AN EASEMENT
APPROVED 6W
WHEREAS, in connection with a right of way project for North Pennsylvania Street, the
City of Cannel, Indiana (hereinafter, the "City") obtained an easement for landscaping purposes
(the "Original Easement") across 0.219 acres of real estate located along North Pennsylvania
Street in Carmel, Indiana (the "Property"), such easement and property being more specifically
described in the Easement Agreement attached hereto as Exhibit A and incorporated herein by
reference (the "Property "); and
WHEREAS, the terms of the Original Easement require the City to install and maintain
certain landscaping at its own expense; and
WHEREAS, the City has not installed any landscaping or other improvements within the
Original Easement; and
WHEREAS, MS Carmel, LLC ("MS Cannel") has acquired and is in the process of
developing a 2-story, 68,589 square feet senior care facility (the "Project") on the Property; and
WHEREAS, as part of the approval process for the Project, MS Carmel has committed
to the City to dedicate to the City a portion of the Property for public right-of-way purposes; and
WHEREAS, that portion of the Property being dedicated to the City for public right-of-
way purposes lies within the Original Easement; and
WHEREAS, MS Carmel is granting to the City of even date herewith, certain easements
on, upon, over and across the Property including a Dedication of Public Right of Way and a
Grant of Perpetual Storm Water Quality Management Easement (collectively the "Easements")
and agrees to cooperate with the City with respect to any future easement needs of the City on
the Property; and
WHEREAS, to facilitate the development of the Property, the City is willing to release
the Original Easement only as to that portion of the Original Easement which is located on the
Property upon the following terns and conditions.
NOW, THEREFORE, BE IT RESOLVED, that the City of Carmel Board of Public
Works and Safety hereby makes the following findings:
1. The City has determined that the portion of the Original Easement which is
located on the Property is no longer needed for any City purpose.
This resolution was prepared by Douglas C.Haney, Carmel City Attorney, on 2/26/14
at 3:44 pm. No subsequent revision to this Resolution has been reviewed by Mr. Haney
for legal sufficiency or otherwise.
Resolution of The Board of Public Works and Safety
2. The City shall execute and record the attached Partial Release of Easement
together with the Easements.
3. The City hereby designates Jeremy Kashman, Director of the Department of
Engineering for the City of Carmel, Indiana as its agent for purposes of partially
releasing the Original Easement. Jeremy Kashman is hereby authorized to execute
all documents required in connection with releasing the easement and to take all
other lawful actions necessary to complete the partial release of the Original
Easement as set forth herein.
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
et-c-lay of March, 2014, by a vote of `Z ayes and 0 nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety aZS2--r)By: 0 t
James Brainard, Presiding Officer
Date:
I .A4,1-4
Mary A n Burke, Member
Date: 3 S/y
4.t.
Lori Watson` Mer b r
Date: 3 f 5 i/t?
ATTEST:
/ / i/ __ -A
Diana L. Cordray, IAMC, Cler'- easurer
Date: :3 -S- 7
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Resolution of The Board of Public Works and Safety
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,.Cle�yl ftpturer of
the City of Carmel, who acknowledged the execution of the foregoing "Ras igrtUn" o b414,1f of
the City of Carmel, Indiana. Sj.".4
'a.h' e i. -
Witness my hand and Notarial Seal this (a day of March, 0 4 f�ilA1D1 ga`
(), a �e s
Notary Pub Signatur '.r 4
Notary Public- Printed
Commission Expiration: ///4//
County of Residence: 44-�Jf,JDiy
I affirm, under the penaltis for perjury, that I have taken reasonable care
to redact each Social Security number in this document, unless required by law.
by
Prepared Pre
p� Douglas C. Haney.
Dou: - 'aney ,.
-- armel City Attorney
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