111th/Penn - Liberty Fund HeadquartersCross Reference to Deed: 2014-38252
2015046734 EASE $27.00
09/03/2015 03:03:11PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111111111 1111E111 I11 111 11111111111111111111111111 11111 1111 1111
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement") is by and between the Liberty Fund, (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 dto_--
WITNESSETH TI -IAT:
WHEREfSathe owner of the real estate conveyed by the deed identified in the
cross reference above (the "Real Estate");
WHEREAS, Grantor intends to construct an office building_on the Real Estate and, in
connection with the construction, development and operation of the office building, 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" (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, 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 0) 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.
/ `5r/i�6, CIA O
Date: ,4v.ie t t c 3 2U ld c
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
CH,etS L. -Th LL./ , who acknowledged execution of the foregoing Easement for and
on behalf of v48/27)/ icuNd
Witness my hand and Notarial Seal this 3R.b day of 4IIGvS1i , 20L5
My Commission Expires:
/04u/,2o/7 Lary Public
Residing in fff1M/L-TDA% County 1/4/2 MIUAJ& U% S/1FPL&{2
ATTEST:
Printed Name
CITY OF CARMEL BOARD OF PUBLI ORKS & SAFETY
i3
0C-f-
an*s Brainard, Mayor
Date:
414
ary A/Qfn BVzs---
r
Date: /
Lori Watson
Date: 9tq! b~
liana L. Cordray,IAMC/Clerk-Treasurer
Date:
Sandra M Johnson
Deputy Clerk For
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
(,t (k,j ky\ County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Notary Public
C, Ann bav 5
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 thisn(t day of p , 201-5
My Commission Expires:
Residing in Akink(� -kr County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Notary Public
(. �n n 'Ja ✓ 15
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.
2,,c1
}
Witness my hand and Notarial Seal this da � of , 201
My Commission Expires:
Residing in
4mA)
1)Gounty
Notary Public
C. Roc, Ua\AS
Printed Name
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
Janclro. Johnson,
Before me, a Notary Public in and for said County and State, personally appeared Diana 0,7e,i
of the City of Carmel, Indiana and acknowledged beck_
execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this Z day of , 20 ts -
My Commission Expires:
Residing in
Ra i'( 'It -County
G„,42.1
Notary Public
OE nn oav 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 SocialSecurity 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: C ip ek 1 V2c L ✓e r- Gine Ct\1tC - 4P4 -'el, 4
032—.
DRAINAGE & BMP EASEMENT
DRAINAGE & BMP EASEMENT
A portion of the property of Liberty Fund, Inc.
Part of Instrument Number 2014038253
August 6, 2015
Part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner of the Northwest Quarter of said Section 2, Township 17 North,
Range 3 East; thence South 89 degrees 17 minutes 24 seconds West (Basis of Bearing: GPS
Observations, Indiana Stole Plane Coordinates, East Zone, NAD 83) 57.01 feet (57.00 feet -Warranty Deed
to the State of Indiana ("State tract") recorded as Instrument Number 2012060726 in the Office of the
Recorder of Hamilton County, Indiana) along the South Line of said Northwest Quarter (the following three
courses are along the boundary of said State tract), said point also being the southerly projection of the
western boundary of the right-of-way granted to the City of Carmel ("City tract") (recorded as Instrument
Number 199909967990 in said Recorder's Office); (one) South 89 degrees 17 minutes 24 seconds West
306.59 feet (323.21 feet - State tract) along said South Line; (two) North 00 degrees 41 minutes 45
seconds West 16.13 feet to the eastern tip of the right-of-way ('1968 limited access right-of-way line")
per Indiana State Highway Commission plans for ST -F -Project No. 222 (9) R/W, Code 0945, dated
October 15, 1968; (three) North 61 degrees 20 minutes 28 seconds West 58.87 feet (58.34 feet -State
Deed) along said right-of-way line to the point of beginning of the 8.783 -acre tract of land grated to
Liberty Fund, Inc. ("Grantor") (recorded as Instrument Number 2014038253 in said Recorder's Office) (the
following four courses are along the boundary of said Grantor); (one) North 61 degrees 20 minutes 28
seconds West 43.29 feet; (two) North 00 degrees 06 minutes 56 seconds East 174.56 feet to the POINT
OF BEGINNING of this description; (three) North 00 degrees 06 minutes 56 seconds East 360.33 feet;
(four) North 02 degrees 30 minutes 06 seconds East 36.60 feet; thence North 81 degrees 37 minutes 34
seconds East 25.24 feet to a point hereinafter referred to as Point "A"; thence North 05 degrees 24
minutes 03 seconds East 129.90 feet; thence North 12 degrees 54 minutes 50 seconds East 50.14 feet;
thence North 57 degrees 30 minutes 29 seconds East 57.19 feet; thence North 87 degrees 25 minutes
36 seconds East 35.62 feet; thence North 12 degrees 18 minutes 23 seconds East 65.45 feet; thence
North 68 degrees 36 minutes 32 seconds East 56.36 feet; thence South 77 degrees 24 minutes 49
seconds East 156.63 feet; thence North 42 degrees 37 minutes 24 seconds East 142.72 feet to a point
on the northern line of said Grantor lying 15.00 feet (measured westerly in a perpendicular direction)
from the eastern line of said Grantor; thence South 00 degrees 42 minutes 37 seconds West 44.91 feet
parallel with the eastern line of said Grantor; thence South 42 degrees 37 minutes 24 seconds West
113.18 feet; thence South 12 degrees 30 minutes 06 seconds West 158.54 feet; thence South 77 degrees
29 minutes 54 seconds East 33.98 feet; thence South 82 degrees 04 minutes 57 seconds East 48.02
feet; thence South 07 degrees 16 minutes 43 seconds West 86.55 feet; thence North 83 degrees 21
minutes 38 seconds West 38.88 feet; thence South 82 degrees 30 minutes 18 seconds West 30.01 feet;
thence South 07 degrees 29 minutes 42 seconds Eost 122.44 feet; thence South 02 degrees 08 minutes
29 seconds West 15.88 feet; thence South 28 degrees 13 minutes 51 seconds West 28.31 feet; thence
South 05 degrees 40 minutes 57 seconds West 123.39 feet; thence South 41 degrees 12 minutes 52
seconds West 66.64 feet; thence South 82 degrees 30 minutes 12 seconds West 231.70 feet; thence
South 36 degrees 07 minutes 41 seconds West 23.53 feet; thence North 89 degrees 53 minutes 04
seconds West 42.65 feet perpendicular to the western line of said Grantor to the POINT OF BEGINNING,
containing 4.933 acres, more or less.
EXCEPT:
Commencing at said Point "A"; thence South 84 degrees 35 minutes 57 seconds Eost 50.00 feet to the
POINT OF BEGINNING of this exception; thence North 05 degrees 24 minutes 03 seconds East 126.61 feet;
thence North 12 degrees 54 minutes 50 seconds East 26.35 feet; thence North 57 degrees 30 minutes
29 seconds East 23.32 feet; thence North 87 degrees 25 minutes 36 seconds East 60.72 feet; thence
North 12 degrees 18 minutes 23 seconds East 98.33 feet; thence South 77 degrees 29 minutes 48
seconds East 102.00 feet; thence South 12 degrees 30 minutes 12 seconds West 173.30 feet; thence
South 00 degrees 00 minutes 00 seconds East 71.49 feet; thence South 07 degrees 29 minutes 52
seconds East 144.21 feet; thence South 82 degrees 30 minutes 08 seconds West 120.18 feet; thence
North 10 degrees 19 minutes 11 seconds West 79.71 feet; thence North 39 degrees 46 minutes 26
seconds West 104.00 feet to the POINT OF BEGINNING of this exception, containing 1.364 acres, more or
less.
Containing in all, after the foregoing exception, 3.569 acres, more or less.
tt
JJ,�\,O B'MO tA,
This description was prepared ,.� �P,•`CP,1R Ss e,'
for Liberty Fund, Inc., by 0 , t F'•, O C
Donald R. Mosson, Indiana 3O ; NO. a . Z
Registered Land Surveyor No. = : 9600013
9600013 on the 61h day of = * I. STATE OF ' F4 Z
August, 2015. es
Si,(9 .;Di ANP O:,Q
Cpet
LIBERTY FUND, INC.
5335 ALLISON POINTE TRAIL, SUITE 300
INDIANAPOLIS, INDIANA 4e250
CENTRAL STATES CONSULTING, LLC
13 e NORTH GREEN STREET
PHONE: 317:05E1-6662 FAX: 31713513 0672
wA srnr DRAINAGE & BMP
00114 Fa EASEMENT EXHIBIT
PENNSYLVANIA ST. & I II th ST.
CARMEL, INDIANA
` SU
moue c uro mean tmnitt
( PROJECT R„MSER
14-029
SSCAss
•: 1 O , (Sorel' 1 OF 2
DRAINAGE & BMP EASEMENT
NORTH LINE
"GRANTOR"
N68'36'32"E
56.36'
N87
N57'30'2
57.19'
N12'54'50"E
50.14'
577'24'49"E
156.63'
N12'18'23"E \�\\\\
65.45' \ 7•- 8'
'25'36"E
35.62'
9"E VA\ EXCEPTIOI
N12'18'23"E
� 98.33'
\ /
\ / NST25'36'E /
/60.72'
N57'30'29"E
23.32'
NO5 24'03' E'/
/126.61' //
POINT OF BEGINNING
1.364 ACRES±
E
.00 \� ��CEPT
N39'46'26"W
\\
\N10'19 971'
79.71
\582'31 0.18
20.18'\
N05'24'03"E
129.90'
POINT "A"
N81'37'34"E
25.24'
NO2'30'06"E
36.60'
W
111F
th r
a
Oz
2
w
2 4
I- • .
S'
0
z
584'35
5
n
M
CO
M
0'06'56"E -
z
N42'37'24"E
142.72'
M
\���\\\
500'00'00"E
71.49'
500'42'37"W
44.91'
15'
542 37'24"W
113 18'
I
512'30'06"W
158.54'
577'29'54"E
33.98'
I
582'04'57"E
48.02'
DRAINAGE & BMP EASEMENT \`
N61'20'28"W
43.29'
-"-N61'20'28"
58.87'
N00'41'45"W
16.13'
582.30 12
536'07'41"W - 23.53'
N89'53'04"W - 42.65'
POINT OF BEGINNING
4.933 ACRES± (GROSS)
3.569 ACRES± (NET)
231
POINT OF BEGINNING
"GRANTOR"
This description was prepared
for Liberty Fund, Inc., by
Donald R. Mosson, Indiana
Registered Land Surveyor No.
9600013 on the 6th day of
August, 2015.
70
507'16'43"W F
86.55' IL
N83'21'38"W C
38.88'
et
Z
4
N
2
0.
0.
582' 30' 18"W
30.01'
507'29'42"E
2.44'
502'08'29"W
15.88'
528'13'51"W
28.31'
505'40'57"W
123.39'
541'12'52"W
66.64
100 0 50 100
POINT OF COMMENCEMENT
SE CORNER, NW 1/4,
SEC.2 - T17N - R3E
589•17'24"W - 306.59'
S. LINE, NW 1/4, SEC.2-T17N-R3E
589'17'24"W - 57.01'
EAST 111TH STREET
lllll
,gyp' o RIMGSii
`0? • *�-• G\STEgFo oC.
.. No. 2.
9600013
STATE OF
i
llllllllllllllll
1•
( IN FEET )
1 inch = 100 ft.
LIBERTY FUND, INC.
8335 ALLISON POINTE TRAIL, SUITE 300
INDIANAPOLIS, INDIANA 46250
CENTRAL STATES CONSULTING, LLC
23 121 NORTH GREEN STREET
BROWNSE UPC. IN DIANA 461 1 2
DRAINAGE & BMP
EASEMENT EXHIBIT
PENNSYLVANIA ST. & I I lth ST.
CARMEL INDIANA
PROJECT
• -,o - (SHEET 2 of 2
August 14, 2015
Jut w o 0 0 UIJU).
000 0m0 000.
imgti -<
CITY `O AR -
JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: LIBERTY FUND HEADQUARTERS — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT
EASEMENT
Dear Board Members:
Mr. Chris Tally, President & CEO of Liberty Fund, has requested the City accept a Grant of Perpetual
Storm Water Quality Management Easement for development of the Liberty Fund Headquarters project,
to be located at Pennsylvania Street and East 111`h Street. (Part of the Northwest Quarter of Section 2,
Township 17 North, Range 3 East)
The easement consists of 3.569 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:\BPW 15\MISC\LIBERTYFUN DH EADQUARTERGRANTOFEASEMENT.DOC
DEPARTMENT OF ENGINEERING
ONE Civic SQGARE, CARAIEI., IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAII. enginceringgcarmeI.in.goe