Mayflower Park Drive - IP9 Carmel Office InvestorsCross Reference to Deed: 201204459'
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
2015006923 EASE $26.00
02/20/2015 09:07:32AM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
1111111111111111111111111II1111111I III1111111111111111111111111
This easement (the "Easement ") is by and between the IP9 Carmel Office Investors, 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 install a driveway on the Real Estate and, in connection with
the construction, development and operation of the driveway, the City has approved or will approve a
Storm Water Management Pennit (the "Permit "); and,
WHEREAS, the City requires this Easement in order to verify and require compliance with
the terms and conditions of the Pennit 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 `Basement 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 stonn water quality
infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration
basins, pipes, infiltration trench, native dry basin and structural and non- structural best
management practices (collectively the "Stone Water Quality System ") to be constructed,
installed and maintained by Grantor, at Grantor's expense, in accordance with the Pennit 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 Pennit 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,
EXEMPT FROM
SALES DISCLOSURES
Cross Reference to Deed: 2012044599
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement ") is by and between the IP9 Carmel Office Investors, 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 install a driveway on the Real Estate and, in connection with
the construction, development and operation of the driveway, 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, infiltration trench, native dry basin and structural and non - structural best
management practices (collectively the "Stone 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 pennitted 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 Stone Water Quality System, or parts thereof,
EXEMPT FROM
SALES DISCLOSURES
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 Stonn 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 perfonnance 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 Stone 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 delive of this Easement have
been undertaken.
STATE OF ILLINOIS )
)SS:
COUNTY OF COOK
By
Kelly C. i e . el, Vice President
IP9 Carmel Office Investors, LLC
4400 W. 96th Street, Carmel, IN
Date: September 30, 2014
ALLISON R COOK
OFFICIAL SEAL
Notary Public, State of Illinois
My Commission Expires
September 21, 2015
Before me, a Notary Public in and for s fu t.urny atnt Mate, appc red Kelly C. Gibbel, Vice
President, who acknowledged execution of the foregoing Easement for and on behalf of IP9 Carmel Office
Investors, LLC.
Witness my hand and Notarial Seal this 30th day of September, 2014.
My Commission Expires: V Il - ke v
Residing in Cook County
ATTEST:
Notary Public
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
A107-
James Brainard, Mayor
Date:
Date: ` D —15 — IY
7 — rte
Lori Watson
Date: v it ':;1/471
I�fiana L. Cordray, IAM
Date: ( d
erk- Treasurer
Sandra M Johnson
De • y Clerk For
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Publ. in and for said County and State, personally appeared Jam
Brainard, a member of the ty of Carmel, Indiana Board • Public Works & Safet and
acknowledged execution the foregoing Easement for and •, behalf of City of Carmel, / ndiana
Board of Public Work Safety.
Witness • y hand and Notarial Seal this
My Com sion Expires:
R -, iding in Cou
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
day of
Notary Public
Printed Name
, 2014.
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 1511` day of • •1 , 2014.
My Commission Expires:
/ / /s�i 1 Notary Public
Residing in jili7/ /.7O4/ County (2 • 44/A) 4///
Printed Name
Return to: Sandy Johnson
City of Carmel
One Civic Square
Carmel, IN 46032
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 Carmel Board of Public Works
& Safety.
Witness my hand and Notarial Seal this 1544'' day of Quo , 2014.
My Commission Expires:
f-.30 -/
Residing in
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
N
tary Public
Name
SANDRA M. JOHNsor;
NOTARY PUBLIC -
y Comm. ExpiresZ
S�rd�4 mJoti 6 Before me, a Notary Public in and for said County and State, personally appeared D
n?.nrdray, "`e'.77Clerk Treasurer of the City of Carmel, Indiana and acknowledged
execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this `cJ�. day of 0
My Commission Expires:
1/ /f //
, 2014. _
Notary Public
Residing in County C� _ y » /•S
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 —
Douglas C. Haney
Prepared by:
And Return to: Douglas C. Haney, Carmel City Attorney, One Civic Square, Cannel, IN 46032
200 0 100 200
( IN FEET )
1 inch = 200 ft.
N00° 12' 00 "E 519.52'
m
11•Pli 400
Lot 2 Block 7
N89° 50' 20 "E
107.47'
S89° 50' 20 "W
11.07'
Lot 1 Block 7
4400 W. 96th St
N90° 00' 00 "W
75.43'
1_
rrn o
P.O.B. o
O H
S90° 00' 00 "E �o N
1173.00' z
Las— —t—
Southwest Cor.
S.W. 1/4
Sec 7, Twp. 17 N., R. 3 E.
N90° 00' 00 "W
18.31'
L — W. 96th Street
SHEET 1 OF 1
DWN BY: TDW
CHKD. BY: TDW
SCALE: 1"=200'
DATE: 05/21/2014
Drainage Easement Exhibit N
4400 W. 96th St. Carmel, Indiana
Lot 1, Block 7 Mayflower Park
WSI Engineering
2680 E Main Sr. Suite 200
Plainfield, IN 46168
P:317.837.4950
F:317.837.4930
1
Drainage Easement 6,%N0L J T A
4400 W. 96th Street, Carmel, Indiana
A part of the fractional Southwest Quarter of Section 7, Township 17 North Range 3 East also being
located on Lots 1 and 2, Block 7 in Mayflower Park, The Secondary Conditional Plat of which is recorded
as Instrument #9809822612 in the Office of the Recorder of Hamilton County, Indiana, being more
particularly described as follows:
Commencing from the Southwest Corner of the said Southwest Quarter thence South 90 degrees 00
minutes 00 seconds West (assumed bearing) on and along the South line of said quarter section 1173.00
feet; thence North 01 degrees 06 minutes 55 seconds West 217.00 feet to the Point of Beginning ;
thence North 90 degrees 00 minutes 00 seconds West 75.43 feet; thence North 00 degrees 12 minutes
00 seconds East on and along the said East line 519.52 feet; thence North 89 degrees 50 minutes 20
seconds East on and along the said North line 107.47 feet; thence South 00 degrees 09 minutes 40
seconds East 197.26 feet; thence South 89 degrees 50 minutes 20 seconds East 11.07 feet; thence South
00 degrees 09 minutes 36 seconds East 322.51 feet; thence North 90 degrees 00 minutes 00 seconds
West 18.31 feet to the Point of Beginning, containing 1.18 acres more or less.
Subject to all pertinent easements, restrictions and right -of -ways.
0000
1 1
CITY O CARMEL
October 6, 2014 JM1ES BI ±\INARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: IP9 CARMEL OFFICE INVESTORS — MAYFLOWER PARK — GRANT OF PERPETUAL STORM WATER
QUAILITY MANAGEMENT EASEMENT
Dear Board Members:
Kelly Gibbet, Vice President, IP9 Carmel Office Investors, LLC, has requested the City accept a Grant of
Perpetual Storm Water Quality Management Easement for the development of 4400 West 96th Street
(Mayflower Park) located in the Southwest Quarter, Section 7, Township 17 North, Range 3 East. (Lot 1,
Block 7, Mayflower Park).
The easement consists of 1.18 acres and encompasses the storm water quality system for the project.
Attached are the required Grant of Easement forms signed by the petitioner. The Department of
Engineering has reviewed the attached forms and found them sufficient for Board signatures.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS
S:\ BPW14\ 4400W96THSTREETGRANTOFEASEMENT .DOC
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE, CARAMEL, IN 46032 Or icE 317.5712441 FAN 317. 712439
EMAIL engineering@carmel.in.gov