Pennsylvania-ECC Carmel Meijer Shopsoc0
T OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
Cross Reference to Deed: Instrument No. 21306671
2015003017 EASE $24.00
01/23/2015 09:58:42AM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
III1111 111111 NI I1111 111011111111111011111011111111111111 111
This easement (the "Easement ") is by and between ECC Carmel Meijer Shops II 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 construct, develop, and operate a retail center on the Real
Estate and, in connection with the construction, development and operation of the retail center, the
City has approved or will approve a Storni 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" 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 Storni 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 Ste -- "aint n„ i;t„ C., rP , ,,,,t
EXEMPT FROM
SALES DISCLOSURES
BEG
Cross Reference to Deed: Instrument No. 213066715
OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement ") is by and between ECC Carmel Meijer Shops 11 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 construct, develop, and operate a retail center on the Real
Estate and, in connection with the construction, development and operation of the retail center, 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 Exhibit "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
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.
2
ECC Carmel Meijer Shops If LLC
By: Thomas English Retail Real Estate, LLC
•
Its Manager
By:
Thomas G. English, Manager
Date: JApt ti ber ?I z0Iq
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
Thomas English, the Manager of Thomas English Retail Real Estate, LLC, the Manager of ECC
CARMEL MEIJER SHOPS H 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
My Commission Expires:
Iket;i 22, 2022.
Residing in M.ox o n County
LORI M ROBINSON
Notary Public • Seal
State of Indiana
Marion County
My Commission Expires Apr 22, 2022
k 7-th day of S2laviker , 2014.
cwk \°-1�1�r�X
Notary Public
L -or. M. Ro6%nson
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
d {MaCiU
James Brainar
Date:
Mary A�fn Burke
Date: /i' )/— As—
Date:
IS
3
ATTEST:
/ -Sandra M Johnson
Diana L. Cordray,Q MC, Clerk- Treasieeputy Clerk For
Date: / W -45
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, a member of t City of Cannel, Indiai oard of Public Works & Safety and
acknowledged execution of the . - _oing Ease • - it for and on behalf of City of Cannel, Indiana
Board of Public Works & Safety.
Witness my hand and Maria] Seal this
My Commission E
Sf A-P j
day of w 1 , 2015.
Notary Public
Residi gin County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Printed Name
Before me, a Notary Public in and for said County and State, personally appeared Mary
Ann Burke, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of Board of Public Works & Safety.
Witness my hand and Notarial Seal this l4 day of
My Commission Expires: e' /er/
/i //7//1 Notary Public
Residing in //Ain /,72» County
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Lori
Watson, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of City of Cannel Board of Public Works
& Safety.
Witness my hand and Notarial Seal this ilk day of
My Commission Expires:
(-1 5 r/7 Notary Public
Residing in q/4-n . County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Strdct ,e Clerk Treasurer of the City of Cannel, Indiana and acknowledged
3'hasbn' execution of the foregoing Easement as the Clerk Treasurer of the City of Cannel, Indiana.
its
, 2015.
C•(inn Da�r.S
Printed Name
Before me, a Notary Public in and for said County and State, personally appeared Difma-
. . •
Witness my hand and Notarial Seal this day of -St-- 11
�•L�J
My Commission Expires:
N /0' / 7 Notary Public
, 2015.
Residing in ( rt\ t lnpYV County
•0%,n-n DaU1S
Printed Name
Pursuant to IC 36- 2- 11- 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 —
kRS C • {4a stet `C
Prepared by: � C. 3.44:14,6 cot( fSs3 •
Return to:
uume k\2012 \w120507 \5lwwyip \r .au wn.\oaense.y
WEJThL Agin 05, 2014 - 6:16pn
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Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of said Southeast Quarter; thence along the West line
thereof North 00 degrees 10 minutes 07 seconds West (assumed bearing) 196.18 feet;
thence North 89 degrees 54 minutes 48 seconds East 35.00 feet to a Miller rebar found at the
Southwest corner of Carmel Drive Shoppes per the plat thereof recorded in Plat Cabinet 4,
Slide 492 in the Office of the Recorder of Hamilton County, Indiana; thence on said West line
North 00 degrees 10 minutes 07 seconds West 170.53 feet to a Miller rebar found at the
Northwest corner of said Lot 1; thence on the North line of said Lot 1 North 89 degrees 49
minutes 53 seconds East 60.22 feet; thence North 01 degree 18 minutes 32 seconds West
14.14 feet to the POINT OF BEGINNING; thence continuing North 01 degree 18 minutes 32
seconds West 198.27 feet; thence North 88 degrees 37 minutes 47 seconds East 30.00 feet;
thence South 01 degree 18 minutes 32 seconds East 33.07 feet; thence North 89 degrees 18
minutes 50 seconds East 184.00 feet; thence South 01 degree 18 minutes 32 seconds East
186.10 feet; thence South 88 degrees 11 minutes 58 seconds West 39.62 feet to the North
line of said Lot 1; thence on said North line North 76 degrees 12 minutes 15 seconds West
23.15 feet; thence continuing on said North line South 89 degrees 49 minutes 53 seconds
West 3.29 feet; thence North 13 degrees 47 minutes 45 seconds East 7.85 feet; thence North
01 degree 02 minutes 52 seconds West 8.94 feet; thence North 88 degrees 45 minutes 01
second East 14.18 feet; thence North 01 degree 12 minutes 14 seconds West 40.15 feet;
thence North 89 degrees 23 minutes 57 seconds East 25.87 feet; thence North 01 degree 18
minutes 32 seconds West 104.25 feet; thence South 89 degrees 18 minutes 50 seconds
West 70.00 feel; thence South 01 degree 18 minutes 32 seconds East 22.93 feet; thence
South 87 degrees 51 minutes 53 seconds West 80.00 feet; thence South 01 degree 18
minutes 32 seconds East 120.12 feet; thence South 88 degrees 37 minutes 47 seconds West
40.94 feet to the POINT OF BEGINNING, containing 0.43 acres, more or less.
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ENGINEERS
Land Surveying 1 wi Er negie
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survey, or a Surveyor Location Report.'.
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Page 1 of 1
EXHIBIT A
Date: 08/04/2014
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POINT OF
BEGINNING
N01'18'32 -W 14.14'
N8837'47'E 30.00'
N-50E18'32'E 33.07'
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N89'49'53•E 60.22'
N00'10'07'W 170.53'
N89'54'48'E 35.00'
SW CORNER SE 1/4
SEC. 26, TI8N, R3E
HARR. MON. FOUND
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Landscape ArcMleclure
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N89'18'50'E 184.00'
L589'18.501V 70.00'7
587'51'53W 80.00 J 501'18'32T 22.93'
PROPOSED EASEMENT
0.43 ACRES is
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N89'23'571 25.87'I
N01'12'14'W 40.15
5188'45'01T 14.18'
N01'02'52'W
N1347'45'E 7.85' —yl
589'49'53'W 3.29'
1476'12'15"W 23.15')
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S8811'5814 39.62'
'This drawing is not intended to be represented as a
retracement or original boundary survey, a route
survey, or a Surveyor Location Report'.
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EXHIBIT B
Page 1 of I h Date: 08/04/2014
January 9, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JUL7U son U fui
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CITY 0 AI MEL
JAy1lis BRAINARD. MAYOR
RE: ECC CARMEL MEIJER SHOPPS 11 — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT
EASEMENT
Dear Board Members:
Mr. Thomas English, Manager ECC Meijer Shops II LLC, has requested the City accept a Grant of
Perpetual Storm Water Quality Management Easement associated with the development of the Meijer
Shops 11 located at West Carmel Drive and Pennsylvania Street (Part of Section 26, Township 16 North,
Range 3 East, Clay Township, Hamilton County, Indiana)
The easement consists of 0.43 acres and encompasses the storm water quality system for the project.
Attached are the required Grant of Easement forms signed by petitioner. The Department of
Engineering has reviewed the attached forms and found them sufficient for Board signatures.
Sincerely,
2
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS
S: \BPW 15 MISC \MEIJERSHOPSI IG RANTOFEASEMENT. DOC
Dr,PARrnir:NEr or F.:NGinriaaNc
ONE Cnlc SQUARE. CARMEL. IN 46032 Orna_ 317.571_2441 FAN 517.571 2459
EmAI[. cnglnecrinu?Ccvmcl.in.gov