96th and Meridian - DDC Hotels (Drury Inn)Cross Reference to Decd: Inst. No. 2014009883
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement agreement (the "Easement Agreement") is by and between DDC Hotels, Inc.
(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 Agreement or the date on which Grantee executes this Easement
Agreement;
APPROVED �M. 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 and operate a hotel and restaurant on the Real
Estate and; in connection with the construction, development and operation of the hotel and
restaurant, the City has approved or will approve a Storm Water Management Permit (the "Permit");
and,
WHEREAS, the City requires this Easement Agreement in order to verify and require
compliance with the terms and conditions of the Permit and all ordinances of the City applicable to
storrn 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 (the `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. Certain drainage and storm water quality infrastructure,
which shall include manholes, pipes, and structural and non-structural best management
practices as described in the Permit (collectively the "Storm Water Quality System") a portion of
which (excluding the Detention Pond) are or will be located within the Easement Area and will
be constructed, installed and maintained by Grantor, at Grantor's expense, in accordance with the
Permit and the Ordinances, in the manner and areas specified in the Permit. The Detention Pond
portion of the Storm Water Quality System is located off-sitc, outside of the Real Estate, and will
be maintained by the owner of the Detention Pond, as required by the Access & Utilities
Easement Agreement dated September 18, 2001 and recorded September 21, 2001 as Instrument
No. 200100060008, as amended by that certain Amendment to Access & Utilities Easement
Agreement, dated April 16, 2002 and recorded April 29, 2002 as Instrument No. 200200031484,
and by that certain Assignment and Assumption Agreement dated December 19, 2013 and
2015042632 EASE $29.00
08/13/2015 11:59:48AM 9 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
III IIII1111111111IIIII11111I1311IIl11111III II11111111111011IIIIIIII
recorded December 27, 2013 as Instrument No. 2013075838, in the Office of the Hamilton
County, Indiana Recorder (the "Utility Agreement").
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 portion of the Storm Water Quality System within
the Easement Area, and to enforce the maintenance obligations of the owner of the Detention
Pond as set out in the Utility Agreement, such that (i) the effectiveness and performance of the
Storni 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
sct forth in the Permit and/or any of' the Ordinances, Grantee shall have the right, but not the
obligation, if Grantor fails to cure such condition within 30 days' after notice to Grantor, unless
the condition of the system warrants a more immediate maintenance, repair, modification and/or
replacement, in which case Grantee shall be required to provide only such notice as is reasonable
under the circumstances, to perform, at the expense of the person(s) responsible for such
maintenance, 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 or any other person 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
reasonable costs and expenses incurred by Grantee in the performance of the maintenance,
repairs, modifications and/or replacements within the Easement Area 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
Arca 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 Cannel, 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 wan -ants 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.
STATE OF MISSOURI
)SS:
COUNTY OF ST. LOUIS
DDC Hotels, Inc.
Before me, a Notary Public in and for said County and State, personally appeared Mark
A. Kohl, who acknowledged execution of the foregoing Easement Agreement for and on behalf
of DDC Hotels, Inc.
Witness my hand and Notarial Seal this /U'‘
My Commission Expires:
5-d5-1 lu
Residing in Sk-, �a;,s County
day of 3u1y
Notary Public
Alisa. E. (Oinks. -
, 2015.
Printed Name
AAAAAAAAAAAAAA
' ALISON E. WNKA
Notary public. Notary Seal
STATE OF MISSOURI
St. Louis County
My Commission Expires: May 25, 2016
Commission # 12412754
ATTEST:
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
T, es Brainard, Mayor
Date
n
Date: 8
Lori Wat
Date: n f S/ l 5
L. Cordray, IAM
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and
Brainard, a member of the City of Carmel, Indiana Board
acknowledged execution of the foregoing Easement for and on
Board of Public Works & Safety.
Witness my hand and Notarial Seal this _J day
My Commission Expires:
*//e/i7
Residing in
County
State, personally appeared James
of Public Works & Safety and
behalf of City of Cannel, Indiana
of 1(aJiu1 , 2015.
Notary Public
4r DaVi s
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
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 Svh. day of
t.(G ( , 2015.
My Commission (Expires: ��K/
W(V/ % Notary Public
Residing in
*6\- (�{ I VIS ounty
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
C Ann Oa 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:
-5///?// Notary Public
Residing in
ounty
a /inn v i S
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Siana-
oL. Cordrey, IAMO--the-Clerk Treasurer of the City of Carmel, Indiana and acknowledged
JthnS
oz -N execution of the foregoing Easement as the Clcrk Treasurer of the City of Carmel; Indiana.
Witness my hand and Notarial Seal this day of 4-
S4- , 2015c ."
My Commission Expires:
Residing in ktk (''LI \ V&County
-r
Notary Public
0 (i -c .54y_S
Printed Name
Pursuant to IC 36 -2 -I1 -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, Cannel, IN 46032
Return to:
EDIT DATE: 8/15/14
Exhibit A (Part One)
Legal Description of Easement Area
RMP EASEMENT DESCRIPTION
A part of the Southeast & Southwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana.
Commencing at the Southwest corner of said Southeast Quarter Section; thence North 00 degrees 12 minutes 33 seconds East
43.00 feet along the West line of said Southeast Quarter Section to the South line of a parcel of land Recorded as Instrument
No 2014009883 as recorded in the Office of the Recorded of Hamilton County, Indiana; thence North 89 degrees 24 minutes 25
seconds East 14.00 feet along said South line to the Southeast corner of said Parcel; thence North 00 degrees 12 minutes 32
seconds East 168.69 feet along the Gast line of said Parcel to the Point of Beginning: thence North 89 degrees 47 minutes 28
seconds West 41.87 feet; thence South 00 degrees 12 minutes 32 seconds West 50.40 feet; thence North 89 degrees 47
minutes 28 seconds West 25.00 foot; thence North 00 degrees 12 minutes 32 seconds East 75.40 feet; thence South 89 degrees
47 minutes 28 seconds East 66.87 feet to said East line; thence South 00 degrees 12 minutes 32 seconds West 25.00 feet to the
POINT OF BEGINNING.
Containing 2,931.75 square feet or 0.067 acres, more or less.
BMP EASEMENT EXHIBIT
STRUCTUREPOINT
7200 SHADELAND STATION
INDIANAPOLIS, IN 46256-3957
TEL 317.547.5580 FAX 317.543,0270
www.structurepnlnt. cum
DATE: 0H/15/2014
CRA'WN 0Y: LAB
J00 NO. 20.13.01754
SHEET NO.
of
2
DESS. HTE, unknown
9
0
0
c
0
Exhibit A (Part Two)
Depiction of Easement Arca
U.S. 31 (MERIDIAN STREET)
Line Table
Line
Bearing
Distance
L1
500'12'32"W
25.00'
L2
N89'47'28"W
41.87'
L3
N89'47'28"W
25.00'
L4
589'47'28"E
66.87'
L5
N00'12'32"E
75.40'
L6
500'12'32"W
50.40'
145.60' — \ \
N r -
PGG``/
Zcc
/13.92'
R= 412.50'
h L = 278.74'
i
i —73.75'
(.41
INSTR. NO.
I0 2014009883
L4-\
0
O "+
w I� L5
5
I y 1—
`\ L1
3\
87.20 L3/') 'B'`
96TH STREET
143.62'
368.70'
P.O.B.
tom\ L2
N00'12'32"E
L6 168.69'
N 00'12' 33"E
43.00'
SE COR SW 1/4
SEC. 11—T17N—R3E
N89'24'25"E
14.00'
0 75' 150'
SCALE: 1"=150'
BMP EASEMENT EXHIBIT
AN E RICAN
STRUCTUREPOINT
INC
7260 SHADELAND STATION
INDIANAPOLIS, IN 46256-3957
TEL 317.547,5580 FAX 317,543,0270
www.strl clurepolnl.lwm
DATE: 09/15/2014
DRAWN BY: LA.B
JOB NO. 2013.01784
SHEET NO.
2
or
2
DESC. FILE: wn nown
szelbes
DRURY DEVELOPMENT CORPORATION
721 Emerson Road. Suite 200, St. Louis, MO 63141 • Phone: 314-423-6698 • Fax: 314-423-0310
July 14, 2015
VIA FEDERAL EXPRESS #7740 4448 9407
David Barnes
City of Carmel, Indiana
City Hall, One Civic Square
Carmel, IN 46032
RE: Drury Plaza Hotel — Storm Water Quality Management Easement
Dear Mr. Barnes:
d Barnes ?0carrne 1. i n.gov
Enclosed please find the Grant of Perpetual Storm Water Quality Management Easement
executed on behalf of DDC Hotels, Inc. It is my understanding that you will review the legal
description which is Exhibit A to the Easement and then will submit the Easement for approval
by the City Engineer and approval and execution by the Board of Public Works at its August 5,
2015 meeting. Following approval and execution, the Easement will be recorded in the public
records of Hamilton County.
Please contact me if you need any additional information, and please have a copy of the recorded
Easement returned to me for our files.
Very truly yours,
Associate General Counsel
LSUmtz
Enclosure
cc: Jeremy Kashman
Tammy Haney
jkashman(ThcarnieLin._ov
thanevn,kellermacaluso.com