Michigan Road-Heartland OilCross Reference to Deed: Instrument No. 2012 -76870
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
APPROVED _rM)
This easement rifir'r asem n ") is by and between Heartland Oil Michigan Road 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 a Storm Water Quality System on the Real Estate
and, in connection with the construction, development and operation of the Storm Water Quality
System, 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, manholes, inlets, dry- detention pond,
storm sewers, 6' diameter Downstream Defender®, Bio- skirtsTM, Snouts®, 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.
By:
Name/Title:
Date:
cia.e.
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
1--Av/5 ',v. /»A/ , who acknowledged execution of the foregoing Easement for and
on behalf of N,av- rL,4niia Dim l�1ie�liG.4�/.�4p Lr�.
Nota��ahgli�Y tltiis `� day of
�pTA9y`' Uy
E My Comm. Expires
May 3, 2015
No. 565362
Witness my hand and
My Commission Expires:
Mtg
"OrPsoc?.
Residing inry
ATTEST:
►•' to yy
ublic
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
1
Jai ! Brainard, Mayor
Date:3- Si
CIA
Diana L. Cordray, 1AMt' Clerk -Tr
Date: (.379//c'
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 the City of Carmel, Indiana Board of Public Works & Safety and
acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana
Board of Public Works & Safety.
Witness my hand and Notarial Seal this
My Commission Expires:
Residing in County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
NOTARY PUBLIC — INDIANA
y Comm. Expires Aug. 31➢, 2018
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 day of
My Commission Expires:
Residing in f /k( %ounty
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
2015
Prin
SANDRA M. JOHNSON
NOTARY PUBLIC — INDIANA
Comm. Expires Aug. 3 V2018
Before me, a Notary Public in and for said County and State, personally appeared Lori
Watson, a member of the City of Carmel, Board or Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works
& Safety.
�1
Witness my hand and Notarial Seal this 4day of
My Commission Expires:
Residing in
County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
2095
otary Public
i[�lr
1
•
SANDRA, M. JOHNS,QN
NOTARY P,t,BLtC' —•►ND A:
Comm.xp secs gJ�•il 0li
•
Before me, a Notary Public in and for said County and State, personally .,.eared Diana
L. Cordray, IAMC the Clerk Treasurer of the City of Carmel, Indian. .nd acknowledged
execution of the foregoing Easement as the Clerk Treasurer of the Cit .' Carmel, Indiana.
Witness my hand and Notarial Seal this
My Commission Expires:
tJ() Notary Public
Residing in Count
2095
Printed Name
Pursuant to IC 36 -2 -1 1- (b)(2), 1 affirm, under the penalties for perjury, that I have taken
reasonable care to re
et each Social Security number in this document, unless required by law —
Prepared)
Return to:
H U?ccA_ \Zoning & Real Estate Nloucrs \il_rim Lutheran Var SU\Special Use and DiV\EasementsUhainage Easement Rehiat.tocx
EX k� a 1
PAGE 1
A PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3
EAST IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA DESCRIBED AS
FOLLOWS:
COMMENCING AT A P. K. NAIL AT THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3 EAST;
THENCE NORTH 88 DEGREES 57 MINUTES 24 SECONDS EAST (ASSUMED
BEARING) 674.55 FEET TO THE POINT OF INTERSECTION OF THE SOUTH
LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF MICHIGAN
ROAD (US 421, FORMERLY STATE ROAD 29) AT A POINT ON A CURVE TO
THE LEFT, SAID POINT BEING NORTH 69 DEGREES 34 MINUTES 05 SECONDS
EAST 121,951.22 FEET FROM THE RADIUS POINT OF SAID CURVE; THENCE
NORTHWESTERLY ON SAID CENTERLINE AND CURVE AN ARC DISTANCE
OF 669.01 FEET TO THE NORTHEAST CORNER OF NORTH AMERICAN PARK
SUBDIVISION; THENCE NORTHWESTERLY ON SAID CENTERLINE AND
CURVE AN ARC DISTANCE OF 400.01 FEET TO THE NORTHEAST CORNER OF
A 2.67 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT #9444347;
THENCE SOUTH 86 DEGREES 37 MINUTES 29 SECONDS WEST A DISTANCE OF
65.25 FEET TO THE WESTERLY RIGHT -OF -WAY OF MICHIGAN ROAD; THENCE
NORTH 20 DEGREES 50 MINUTES 27 SECONDS WEST ALONG THE WESTERLY
RIGHT -OF -WAY OF MICHIGAN ROAD A DISTANCE OF 2.19 FEET TO THE POINT
OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 69 DEGREES 09
MINUTES 33 SECONDS WEST A DISTANCE OF 59.26 FEET; THENCE SOUTH 41
DEGREES 35 MINUTES 43 SECONDS WEST A DISTANCE OF 26.12 FEET;
THENCE SOUTH 86 DEGREES 35 MINUTES 43 SECONDS WEST A DISTANCE OF
140.48 FEET; THENCE NORTH 48 DEGREES 24 MINUTES 17 SECONDS WEST A
DISTANCE OF 29.78 FEET; THENCE SOUTH 86 DEGREES 35 MINUTES 43
SECONDS WEST A DISTANCE OF 61.11 FEET; THENCE SOUTH 03 DEGREES 24
MINUTES 17 SECONDS EAST A DISTANCE OF 46.06 FEET; THENCE NORTH 86
DEGREES 34 MINUTES 34 SECONDS EAST A DISTANCE OF 29.00 FEET;
THENCE SOUTH 03 DEGREES 24 MINUTES 17 SECONDS EAST A DISTANCE OF
10.00 FEET; THENCE NORTH 86 DEGREES 34 MINUTES 34 SECONDS EAST A
DISTANCE OF 168.42 FEET; THENCE SOUTH 03 DEGREES 25 MINUTES 26
SECONDS EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 86 DEGREES 34
MINUTES 34 SECONDS WEST A DISTANCE OF 197.43 FEET; THENCE NORTH 03
DEGREES 24 MINUTES 17 SECONDS WEST A DISTANCE OF 10.17 FEET; THENCE
SOUTH 86 DEGREES 37 MINUTES 29 SECONDS WEST A DISTANCE OF 129.47
FEET; THENCE NORTH 03 DEGREES 22 MINUTES 31 SECONDS WEST A
DISTANCE OF 174.45 FEET; THENCE NORTH 86 DEGREES 37 MINUTES 29
SECONDS EAST A DISTANCE OF 129.38 FEET; THENCE SOUTH 03 DEGREES 24
MINUTES 17 SECONDS EAST A DISTANCE OF 88.56 FEET; THENCE NORTH 86
DEGREES 35 MINUTES 43 SECONDS EAST A DISTANCE OF 69.40 FEET;
THENCE SOUTH 48 DEGREES 24 MINUTES 17 SECONDS EAST A DISTANCE OF
29.78 FEET; THENCE NORTH 86 DEGREES 35 MINUTES 43 SECONDS EAST A
DISTANCE OF 123.92 FEET; THENCE NORTH 41 DEGREES 35 MINUTES 43
SECONDS EAST A DISTANCE OF 22.74 FEET; THENCE NORTH 69 DEGREES 09
MINUTES 33 SECONDS EAST TO THE WESTERLY RIGHT -OF -WAY OF MICHIGAN
ROAD A DISTANCE OF 64.16 FEET; THENCE SOUTH 20 DEGREES 50 MINUTES
27 SECONDS EAST ALONG THE WESTERLY RIGHT -OF -WAY OF MICHIGAN ROAD
A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION, CONTAINING 0.76 ACRES, MORE OR LESS.
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NORTH
DAIRY QUEEN /
CONVENIENCE STORE
CARMEL, IN
9800 & 9802 NORTH MICHIGAN ROAD
NORTH LINE OF AMERICAN PARK
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S 86'37'39" W � \\
21 \\
S.W. COR.
S.E. 1/4,
SEC. 7 -17 -3
674.55' \ °.1 \�
SOUTH LINE OF S.E. 1/4, SECTION 7 -17 -3 N 88'57'24" E 2750.63•
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BDIVISIOI4\
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EXHIBIT "A °°
PAGE 2
'1 ..- i
CSG PROJECT NUMBER
HHR.001
SHEET 1 OF 1
DATE:
10/22/14
DWN. BY:
EAG
CHKD. BY:
BSC
SCALE:
1" = 80'
CIVIL SITE GROUP, INC.
160 W. CARMEL DRIVE, SUITE 240
CARMEL, INDIANA 46032
(317) 810 -1677 / (Fax) 810 -1679
GROUP, INC.
February 20, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
Jt W L W o o i W W I,
000
CITY 0 ARMEL
S
Fri
an
Ile
JAMES BRAINARD, MAYOR
RE: DAIRY QUEEN /CONVENIENCE STORE — MICHIGAN ROAD — GRANT OF PERPETUAL STORM WATER QUALITY
MANAGEMENT EASEMENT
Dear Board Members:
Mr. Travis W. May, Member, Heartland Oil Michigan Road LLC, has requested the City accept a Grant of Perpetual
Storm Water Quality Management Easement for the development of the Dairy Queen /Convenience Store project,
to be located on 9800 & 9802 North Michigan Road (Part of the South Half of Section 7, Township 17 North, Range
3 East — Clay Township, Hamilton County, Indiana)
The easement consists of 0.76 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 and attached forms and found them sufficient for Board signatures.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS
S:\ BPW15\ MISC\ DAIRYQUEENGRANTOFSTORMWATEREASEMENT .DOC
DEPARTMENT OF ENGINEERING
ONE C1v1c SQUARE, CARMEL, IN 46032 OFFICE 317.5712441 FAX 317.571.2439
E_MA11. engineering«cnrmel.in.gov