96th and Keystone - D Young ChevroletCross Reference to Deed:
(111-.3213
2015052916 EASE $26.00
10/08/2015 04:03:17PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
11111111110 I11111111111111111111111111111111111111111111111111111111
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement") is by and between the D. Young Chevrolet, 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 Eascment or the date on which Grantee executes this easement;
APPROVED si'
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 70 parking spaces on the Real Estate and, in
connection with the construction, development and operation of the D. Young Chevrolet, LLC
parking lot, 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, 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 (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,
Cross Reference to Deed: 94_72,Z3
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement") is by and between the D. Young Chevrolet, 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 70 parking spaces on the Real Estate and, in
connection with the construction, development and operation of the D. Young Chevrolet, LLC
parking lot, 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, 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 (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.
D. Young Chevrolet, LLC
Thomas E. Schmitt, Secretary & Treasurer
Date: September 14, 2015
STATE OF MICHIGAN )
)SS:
COUNTY OF OAKLAND )
Before me, a Notary Public in and for said County and State, personally appeared
Thomas E. Schmitt, who acknowledged execution of the foregoing Easement for and on behalf
of D. Young Chevrolet, LLC.
Witness my hand and Notarial Seal th
My Commission Expires:
March. 27;-2018..,_
Residing in Wayne Coun y
DEIRDRE THOMAS
Notary Public, Stets of Michigan
- Countyot Wayne,
My Commission 201
Acting in the County of
ATTEST:
s 14 day of September, 2015.
_fl 1 r(e. lk UVYi 6,0
Votary Public
Deirdre Thomas
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
A/07—�,ne .�D
James Brainard, Mayor
Date: /6 -115
MaryAn
Date:
urke EdAA-4
Date: EV / r 5
Date: /6 -7 5
STATE OF INDIANA )
)SS:
COUNTY OF FIAMILTON )
AMC. Clerk-Trea
s1a,r►dr8 M Johnson
Deputy Clerk For
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, a mem .•r of the City of Carmel, Indiana Board of Pu orks & Safety and
acknowledged execute' of the foregoing Easement for and o alf of City of Carmel, Indiana
Board of Public Works &
Witness my hand and Notarial Se
My Commission Expires:
Residing in County
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
day of , 20 .
Notary Public
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&-S,afety,ri`
Witness my hand and Notarial Seal this 1' day of 1!'_.• • , 20 f5t
Iot.c 1
My Commission Expires:
46/7X/1
Residing in I4 -71y\ County
STATE OF INDIANA
)SS:
Notary Public
Cann
Printed Name
COUNTY OF I-IAMILTON )
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:
Residing ink,,\.\s{'County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
day of
Notary Public
C Qem O .
Printed Name
Before me, a Notary Public in and for said County
1>f L. €crrS h4P —fes Clerk Treasurer of the City of
execution of the foregoing Easement as the Clerk Treasurer
Witness my hand and Notarial Seal this ( Q
My Commission Expires:
Residing in ek11x 'ounty
and State, personally;Jppeared;F':h ra=<.,
Carmel, Indiana 'aiidraarioivle-dged%;
of the City of Carmei,•'Indiana.
day of
ems,
Notary Public
ann
Pri?itbd 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, Carmel City Attorney, One Civic Square, Carmel, IN 46032
Return to:
C, r e_ l Trey ter Dine C1Uk. 6 `m4
If \9av'Loning & Real Esnlc MnlleMilgnm Lutheran' ar SNSpecial Use and DS\\GssmenuiDraiu sas Littman Renscd docs
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OFF-SITE BMP
DRAINAGE EASEMENT
J Jr
ON-SITE BMP
DRAINAGE EASEMENT
589'57'00"E 207.22'
N89'57'00"W 189.22'
Exhibit A
BMP DRAINAGE EASEMENT
0
3210 E. 96-TH STREET
16-14-07-04-08-002.002
(INST. #94-37283)
N00'03'00"E 10.00'
EAST UNE OF KEYSTONE PKWY.
(I.S.R. 431)
(87 FT. 1/2 WADE R.0.W)
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S00'03'00"W 175.00'
N00'03'00"E 165.00'
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CIVIL ENGINEERS
LAND SURVEYORS
LAND PLANNERS
ENGINLERS
46777 WOODWARD AVENUE, PONTIAC, MI 48342-5032
TEL. (248) 332-7931
FAX. (248) 332-8257
DATED 09-04-15 X06 NO. H970 SCALE 1" = 50'
CLIENT PENSKE AUTOMOTIVE GROUP SHEET NO. 1 of_2
Exhibit A
BMP DRAINAGE EASEMENT
PARCEL LEGAL DESCRIPTION
PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 4 EAST IN HAMILTON
COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OF 96-TH STREET (WIDTH VARIES) AND EAST RIGHT-OF-WAY
LINE OF KEYSTONE PKWY, ALSO BEING INDIANA STATE ROAD #431, SAID POINT BEING DISTANT SOUTH 89 DEGREES 57
MINUTES 00 SECONDS EAST (ASSUMED BEARING), 237.00 FEET AND NORTH 00 DEGREES 03 MINUTES 00 SECONDS EAST,
40.00 FEET FROM THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17
NORTH, RANGE 4 EAST; THENCE SOUTH 89 DEGREES 57 MINUTES 00 SECONDS EAST ON AND ALONG SAID NORTH
RIGHT-OF-WAY LINE OF 96-TH STREET AND PARALLEL WITH THE SOUTH LINE OF SAID EAST HALF, 200.00 FEET; THENCE
NORTH 00 DEGREES 03 MINUTES 00 SECONDS EAST 200.00 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 00 SECONDS
WEST PARALLEL WITH THE SOUTH LINE OF SAID EAST HALF, 263.38 FEET TO THE EAST RIGHT-OF-WAY UNE OF STATE ROAD
#431; THENCE SOUTH 00 DEGREES 02 MINUTES 30 SECONDS EAST ON AND ALONG SAID RIGHT-OF-WAY LINE, 152.74 FEET
(REFERENCED AS 152.95 FEET IN A DOCUMENT RECORDED AS INSTRUMENT NO. 20060044142 IN THE OFFICE OF THE
RECORDED OF HAMILTON COUNTY, INDIANA); THENCE SOUTH 53 DEGREES 08 MINUTES 00 SECONDS EAST ON AND ALONG SAID
RIGHT-OF-WAY UNE 78.86 FEET TO THE PLACE OF BEGINNING.
CONTAINING 51,154 SQUARE FEET OR 1.174 ACRES OF LAND AND BEING SUBJECT TO ALL RESTRICTIONS OF THE RECORD.
LEGAL DESCRIPTION OF ON-SITE BMP DRAINAGE EASEMENT
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17
NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA; THENCE S.89'57'00"E. ALONG THE SOUTH LINE OF SECTION 7, 437.00
FEET; THENCE N.00'03'00"E., 75.00 FEET TO A POINT ON THE NORTH LINE OF THE PROPOSED 75 FEET 1/2 RIGHT -OF WAY OF
EAST 96TH STREET AND THE POINT OF BEGINNING OF BMP DRAINAGE EASEMENT HEREIN DESCRIBED; THENCE N.89'57'00"W.
ALONG SAID NORTHERLY RIGHT -OF WAY UNE, 32.07 FEET; THENCE N.00'03'00"E., 69.00 FEET; THENCE 5.89'57'00"E., 20.00
FEET; THENCE N.00'03'00"E., 35.00 FEET; THENCE N.89'57'00"W., 20.00 FEET, THENCE N.00'03'00"E., 57.00 FEET; THENCE
N.89'57'00"W., 157.15 FEET; THENCE N.00'03'00"E., 4.00 FEET; THENCE S.89'57'00"E., 189.22 FEET; THENCE S.00'03'00"W.,
165.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,220 SQUARE FEET OR 0.120 ACRES OF LAND.
LEGAL DESCRIPTION OF OFF-SITE BMP DRAINAGE EASEMENT
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17
NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA; THENCE 5.89'57'00"E. ALONG THE SOUTH LINE OF SECTION 7, 437.00
FEET; THENCE N.00'03'00"E., 75.00 FEET TO A POINT ON THE NORTH LINE OF THE PROPOSED 75 FEET 1/2 RIGHT -OF WAY OF
EAST 96TH STREET AND THE POINT OF BEGINNING OF BMP DRAINAGE EASEMENT HEREIN DESCRIBED; THENCE N.00'03'00"E.,
165.00 FEET; THENCE N.89'57'00"W., 189.22 FEET; THENCE N.00'03'00"E., 10.00 FEET; THENCE 5.89'57'00"E., 207.22 FEET;
THENCE S.00'03'00"W., 175.00 FEET TO A POINT ON SAID NORTHERLY RIGHT -OF WAY UNE; THENCE ALONG SAID NORTHERLY
RIGHT -OF WAY LINE N.89'57'00"W., 18.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,042 SQUARE FEET OR 0.116 ACRES OF LAND.
CIVIL ENGINEERS
LAND SURVEYORS
ENGINEERS LAND PLANNERS
46777 WOODWARD AVENUE. PONTIAC, MI 48342-5032
TEL. (248) 332-7931 FAX. (248) 332-8257
DATED 09-04-15 JOB NO. H970 SCALE N/A
CLIENT PENSKE AUTOMOTIVE GROUP SHEET NO. 2 a1 2
IUL±]U 0
BOO nIIO
-gt
CITY' OF
0 LI Ulf
September 22, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
000
ARMEL
JAMES BRAINARD, MAYOR
RE: PENSKE CHEVROLET/D. YOUNG CHEVROLET — GRANT OF PERPETUAL STORM WATER QUALITY
MANAGEMENT EASEMENT
Dear Board Members:
Mr. Thomas Schmitt, Secretary and Treasurer of D. Young Chevrolet LLC, has requested the City to
accept a Grant of Perpetual Storm Water Quality Management Easement for the development of the
Penske Chevrolet project, to be located at the northeast corner of 96`" Street and Keystone Parkway.
(Part of the Southeast Quarter, Section 7, Township 17 North, Range 4 East, Clay Township, Hamilton
County, Indiana)
The easement document consists of two separate easement parcels, on-site BMP drainage of 0.120
acres and off-site BMP drainage of 0.116 acres. (Exhibits A attached)
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,
T
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS
5:\BPW15\MISC\PENSKECH EVROLETGRANTOFEASEMENT.DOC
DEPARTMENT OF ENGINEERING
ONE Clvic SQUARE, CARMEL, IN 46032 OFFICE 317.5712441 FAX 317.571.2439
EVIAII. cnginecringAcaimel.in.g,nv