Main and old Meridian - Meridian 131 LLC2015022082 EASE $21.00
05/11/2015 09:11:33AM 5 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
II1111IIII!IIII 11111111111111111111 111111111111111 111 1111
Cross Reference to Deed — Instrument #: 2007060172 & 20150010890
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement ") is by and between Meridian 131, LLC, an Indiana limited
liability company (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 Declarant under that certain Declaration of Cave'nants and
Easements by and between Grantor and The Rector, Wardens, and Vestrypersons of
St. Christopher's Episcopal Church, of Carmel, Indiana a /k /a St. Christopher's Episcopal
Church, of Carmel, Indiana, dated October 2, 2007, and recorded October 22, 2007, as
Instrument Number 2007060172 in the office of the recorder of Hamilton County, Indiana, as
limited, amended and supplemented from time to time (collectively, the "Declaration ");
WHEREAS, Grantor intends to install a parking lot and retail building the Real Estate
and, in connection with the construction, development and operation of the parking lot and retail
buildings, the City has approved or will approve a Storm Water Management Permit (the
"Permit ") over the real estate described in the deed identified above as Instrument Number
20150010890 (the "Real Estate ");
WHEREAS, Article I, Section 7, of the Declaration authorizes Grantor to grant and
convey to Grantee the easement(s) set forth herein; 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 in
accordance with the Declaration 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
US.56036484.02
Cross Reference to Deed — Instrument #: 2007060172 & 20150010890
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement ") is by and between Meridian 131, LLC, an Indiana limited
liability company (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 Declarant under that certain Declaration of Gos'eiiants and
Easements by and between Grantor and The Rector, Wardens, and Vestrypersons of
St. Christopher's Episcopal Church, of Cannel, Indiana a /k /a St. Christopher's Episcopal
Church, of Carmel, Indiana, dated October 2, 2007, and recorded October 22, 2007, as
Instrument Number 2007060172 in the office of the recorder of Hamilton County, Indiana, as
limited, amended and supplemented from time to time (collectively, the "Declaration ");
WHEREAS, Grantor intends to install a parking lot and retail building the Real Estate
and, in connection with the construction, development and operation of the parking lot and retail
buildings, the City has approved or will approve a Storm Water Management Permit (the
"Permit ") over the real estate described in the deed identified above as Instrument Number
20150010890 (the "Real Estate ");
WHEREAS, Article I, Section 7, of the Declaration authorizes Grantor to grant and
convey to Grantee the easement(s) set forth herein; 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 in
accordance with the Declaration 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
US.56036484.02
infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration
basins, pipes, water quality unit 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 (subject to assessment and reimbursement obligations of the
Owners [as defined in the Declaration] in accordance with the Declaration), 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 and the owner of the Easement Area
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
US.56036484.02
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.
Grantor:
Meridian 131, LLC
By: Browning Investments, LLC, its Manager
B l✓/
Pri ted: ://9- g -'G/c/IJ, t✓(i
Title: ' C e,s( 117-.
Date:
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
4
JENNIFER JO WALLANOER
Notary Public - Seal
State of Indiana
Marion County
My Commission Expires May 13, 2021
Before nAe, a Notary Public in and for said County and State, personally appeared
J oil
113 U r nil'` who acknowledged execution of the foregoing Easement for and
on behalf of 0 1 ey-i 4 i 1 3 1 L_L_
'S T
Witness my hand and Notarial Seal this t , day of PIT
rl 1 , 2015.
My Commission Expires:
Residing in County
US. 6036484.02
ta.p/L0L--,
Notar
Public
J -ean ifex k)&-
Ind -e.r
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
wi
Jams Brainard, Mayor
ATTEST:
Date:
s -6 -�s
Mary Ann B
Date:
Lori. -W ison INN 0...N.
Date:
Diana L. Cordr4, , IAMC, Clerk - Treasurer
Date: °�/% 11c—
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Sandra M
Deputy Clerk r c I
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 Commi soon Expires:
day of n't
ae •�
4V/7 Notary Public
Residing in ./AC( / — County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
us.56036484.02
ArNn
,_20 ��
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 Vr1 day of (Yl
My Commission Expires:
Residing in
e.
Notary Public
kin County C Q in ,e-\ a_J I S
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Printed Naive
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 [ day of `in
My Commission Expires: C - av(A-cJ
tu=+�
/ /e //7 Notary Public
Residing in 47UnA -1 (lrcounty C AR
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
ei "-
Before me allotary Public in and for said County and State, personally appeared Buns-•
`
L. C �rrl a <� i'A %. - -t el�erk Treasurer of the City of Carmel, Indiana and acknowledged
execution of the foregoing Easement as the Clerk Treasurer of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this
y to day of -011 6:- ,
My Commission Expires:
Residing in Vl t \ -t-S ounty
Notary Public
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: Douglas C. Haney, Cannel City Attorney, One Civic Square, Carmel, IN 46032.
Return to: Cannel City Hall, One Civic Square, Carmel, IN 46032.