Main and Old Meridian - L&Qr
Cross Reference to Deed: 2014015725
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement ") is by and between the L & Q Realty, 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;
APPROVED®
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 certain structural Best Management Practices
( "BMP's) on the Real Estate and, in connection with the construction, development and operation of
the 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 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, pipes, storage tank, gas sensors
and 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 Q..-"+- r.". +„—
2015015426 EASE $24.00
04/02/2015 12:56:28PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111 1101 111111111111111 010 11111 1111111
Cross Reference to Deed: 2014015725
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement ") is by and between the L & Q Realty, 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;
APPROVED
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 certain structural Best Management Practices
( "BMP's) on the Real Estate and, in connection with the construction, development and operation of
the 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 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, pipes, storage tank, gas sensors
and 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,
r
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.
Date: , 3 "' / S
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
B fore me, a Notary Public in and for said County and State, personally appeared
cA ∎4 , who acknowledged execution of the foregoing Easement for and
on behalf of
Witness my hand and Notarial Seal this day of ekttC✓ , 2015.
/.�
M7Conynission Expires:
Residing it 4,./15 c?'— _ County
GARY BRIAN BARCUS JR
Notary Public, State of Ind
SEAL
My Commission Expi.
ATTEST:
Notary
Public
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
ames Brainard, Mayor
Date: 9 — / —�S
Mary A,rin Burke
Date: —/—
f 44
Lori Watso
Date:
1
—"Nr■e_34-1742....e-
I 5-
Sandra MF'ohnson
u Clerk For D LCor-011(4Ly Dep tY
Diana L. Cordray, IAMC, Clerk - Treasurer
Date: if
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:
/71//V/ i
Residing in
j31
day of la
Notary Public Davis
unty C l-t 1� n
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Printed Name
, 2015.
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 i 6� day of • , 2015.
ea , Ga-u rya
My Commission Expires:
`
Residing in County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Notary Public
A-ar) bc\jt S
Printed Name
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
My Commission Expires:
'Wier 7
Residing in (j1,11\AA County
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
day of
Notary Public
A-rC' i is
(1 201^5
Printed Name
auviro. to Before me, a Notary Public in and for said County and State, personally appeared a ra
ok►.n60t, De ordray,. 1 the Clerk 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 day of
4 / /e //% Notary Public
My Commission Expires:
Residing in (-D.S&i (ity
_, 2015.
C 4nn u
Printed Name
S
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: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, IN 46032
Return to:
LOCATION: H:\ 2012 \w120532\ Surveying \Easements &Exhibits \W120532sv Easements.dwg
DATE/TIME: June 30, 2014 — 3:16pm
PLOTTED BY: wernerj
PART OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 4 EAST OF
THE SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89
DEGREES 15 MINUTES 40 SECONDS WEST (BEARINGS BASED ON THE INDIANA STATE PLANE
COORDINATE SYSTEM GRID NORTH) A DISTANCE OF 337.40 FEET ON THE`NOF2TH LINE OF SAID
NORTHEAST QUARTER; THENCE ON THE WEST RIGHT -OF -WAY LINE _QC RIVER ROAD AS
DESCRIBED IN INSTRUMENT NO. 200100065741 IN THE OFFICE OF THE RECORDER, HAMILTON
COUNTY, INDIANA AND THE NORTHERLY EXTENSION THEREOF SOUTH 20 DEGREES 07 MINUTES
12 SECONDS WEST 242.65 FEET; THENCE CONTINUING ON SAID RIGHT -OF -WAY LINE SOUTH 69
DEGREES 52 MINUTES 38 SECONDS EAST 16.50 FEET; THENCE CONTINUING ON SAID
RIGHT -OF -WAY LINE SOUTH 00 DEGREES 07 MINUTES 41 SECONDS WEST 164.08 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING ON SAID RIGHT -OF -WAY LINE SOUTH 00 DEGREES 07
MINUTES 41 SECONDS WEST 20.00 FEET TO A REBAR WITH PLASTIC CAP STAMPED "WEIHE ENGR.
0012" ( "REBAR "); THENCE NORTH 89 DEGREES 15 MINUTES 53 SECONDS WEST 251.98 FEET TO A
REBAR; THENCE NORTH 00 DEGREES 44 MINUTES 07 SECONDS EAST 181.15 FEET; THENCE
SOUTH 89 DEGREES 15 MINUTES 53 SECONDS EAST 32.85 FEET; THENCE NORTH 00 DEGREES 47
MINUTES 50 SECONDS EAST 77.29 FEET; THENCE SOUTH 89 DEGREES 15 MINUTES 53 SECONDS
EAST 65.51 FEET; THENCE SOUTH 00 DEGREES 44 MINUTES 07 SECONDS WEST 20.00 FEET;
THENCE NORTH 89 DEGREES 15 MINUTES 53 SECONDS WEST 45.53 FEET; THENCE SOUTH 00
DEGREES 47 MINUTES 50 SECONDS WEST 77.29 FEET; THENCE NORTH 89 DEGREES 15 MINUTES
53 SECONDS WEST 32.83 FEET; THENCE SOUTH 00 DEGREES 44 MINUTES 07 SECONDS WEST
141.15 FEET; THENCE SOUTH 89 DEGREES 15 MINUTES 53 SECONDS EAST 47.75 FEET; THENCE
NORTH 00 DEGREES 44 MINUTES 07 SECONDS EAST 21.87 FEET; THENCE NORTH 89 DEGREES 56
MINUTES 12 SECONDS EAST 35.88 FEET; THENCE SOUTH 00 DEGREES 44 MINUTES 07 SECONDS
WEST 22.37 FEET; THENCE SOUTH 89 DEGREES 15 MINUTES 53 SECONDS EAST 148.15 FEET TO
THE POINT OF BEGINNING CONTAINING 0.28 ACRES, MORE OR LESS.
Eli WEIHE
ENGINEERS
Land Surveying 1 Civil Engineering
Landscape Architecture
10505 N. College Avenue
Indianapolis, Indiana 46280
weihe.net
317 1 846 - 6611
800 1 452 - 6408
317 1 843 - 0546 fax
Page 1 of 1
EXHIBIT "A"
Date: JUNE 30, 2014
LOCATION: H:\ 2012 \w120532\ Surveying \Easements &Exhibits \W120532sv Easements.dwg
DATE/TIME: March 18, 2015 — 4:O8pm
PLOTTED BY: wemerj
NE CORNER, NE 1/4,
SEC. 23, T1 8N, R4E
N. LINE, NE 1/4
co
c
S89'15'53 "E 65.51' N
r �
°i N89'15'53"W 500'44 07"W
r— 20.00 0
45.53 �o
JJ
IN
Ln N.
n
71" I
O o
o
Z
(89'15'53 "EI
32.85' i N
r- \_
N89'15'53"W
32.83'
PROPOSED EASEMENT
0.28 ACRES
N00'44'07 "E N89'56'12 "E S00'44'07"W
21.87' \ 35.88'/- 22.37'
S69'52'38 "E 16.50'
POINT OF
BEGINNING
S89' 15'53"E_ S89' 15'53 "E 148.15'
47.75'
N89'15'53"W 251.98'
CD
CD
0
S00'07'41 "W
20.00'
NOTE: THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS AN ORIGINAL OR
RETRACEMENT BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT
WEIHE
ENGINEERS
Land Surveying 1 Civil Engineering
Landscape Architecture
10505 N. College Avenue
Indianapolis, Indiana 46280
weihe.net
317 1 846 - 6611
800 1 452 - 6408
317 1 843 - 0546Jn.I
ALLAN H. H'EIHE, P.E.. L.S. - FOUNDER
SCALE: 1- = 50'
0 25
Page 1 of 1
50
N89'15'40"W
337.40'
W. RIGHT -OF -WAY LINE
OF RIVER ROAD PER
INST. #200100065741
EXHIBIT "B"
Date: NNE 30, 2014
Revised: MARCH 18, 2015