Old Meridian/Pennsyvania - Indiana Spine GroupCross Reference to Deed: 2008-006157
2015061953 EASE $25.ee
12/04/2015 09:35:064M 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
I I I I I I 111111 l 11111111111111111111111111111111111111111111111111111111
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GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement") is by and between the Indiana Spine Group, (the "Grantor")
and the City of Cannel, 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 'k -
WITNESSETH THAT:
WHEREA®antes oar is the owner of the real estate conveyed by the deed identified in the
cross reference above (the "Real Estate");
WHEREAS, Grantor intends to build on the Real Estate and, in connection with the
construction, development and operation of the Indiana Spine Group Building Addition, 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. Storni 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
Cross Reference to Deed: 2008-006157
„,-}4R0i,
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
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This easement (the "Easement") is by and between the Indiana Spine Group. (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 s,�W -
WITNESSETH TI -IAT:
WHEREAS. Grantor the owner of the real estate conveyed by the deed identified in the
cross reference above (the "Real Estate");
WHEREAS, Grantor intends to build on the Real Estate and, in connection with the
construction, development and operation of the Indiana Spine Group Building Addition, 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 I. 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.
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Lh
on behalf of 2D15
Witness my hand and Notarial Seal this la day of OC lJl'Jc-t ,26Tf. `6'w
omptission Expires: Neal;
7(i Notary Public
Residing in /1111/101/1 Counhie T 1
Printed Name
By C
C'.tnr. .E;ne KLAirkkc-
Date: 1O`'1` `015
Befo - me. Notary Public in and for said County and State, personally appeared
, who 1gcknowlellged execution of the foregoing Easement for and
STEPHANIE F. VAUGHN
Notary Public - Seal
State of Indiana
My Commission Expires Feb 8. 2020
ATTEST:
CITY OF CARMEL BOARD OF I'UBLIC WORKS & SAFETY
4 a6
James Brainard, Mayor
Date:
Sandra M Johnson
Deputy Clerk 1.,)r
Diana L. Cordray. IA MC. Clerk -Treasurer
Date:
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me. a Notary Pub 'c in and for said County and State, personally appear- amen
Brainard, a member of th ity of Carmel, Indiana and of Public Works : afety and
acknowledged executio •f the foregoing Easement and on behalf of City • armel, Indiana
Board of Public Wor: & Safety.
Witnes
hand and Notarial Seal tt
My Com • ssion Expires:
day of ,201
Notary P
Re ding in C.unty
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Printed Nanie
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 145 day of OgeM 201 .
My Commission Expires:
t?“/M/1 Notary Public
Residing in A h\.mty
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Prm Zvi 5
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:
Residing in *-11.1.4 knit\ County
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
day of IVL)-402 , 206
Notary Public
C. Ann 7cl5
Printed Name
,3shn6o' Before me, a Notary Public in and for said County and State, personally appeared D+enr
6Arbra-na 0 L. Ger-ray, TAMC the Clerk T-ceasmtir 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
My Commission Expires:
4/4/i1
Residing in 4/41,( / County
Notary Public
Printed Name
Pursuant to IC 36-2-11-15(6)(2), I affirm, under the penalties for perjury, that 1 have taken
reasonable care to redact each Social Security number in this document, unless required by law —
0e)d &<-A
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EXHIBIT
I BMP EASEMENT
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INSTR. # 2008-006157
ISG REAL ESTATE
INVESTMENTS LLC
INSTR. #2010-38367
SW COR. NE 1/4
SEC. 26, 18N, 3E
POINT OF
EGINNING
PAGE 2 OF 2
SURVEY FORST LLC
LAND SURVEYORS & CIVIL ENGINEERS
25 W. MARION STREET DANVILLE, INDIANA 4612
PH: 317.745.9000 ^ FAX:317.745.9006
Job No.: 1250758
Drown By: TDH
Drawn
Date: 6/10/15
Scale: 1'= 80'
EXHIBIT
BMP
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in
Hamilton County, Indiana more particularly described as follows:
Commencing at the Southwest corner of the Northeast Quarter of said Section 26;
thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the
West line of said Northeast Quarter 577.72 feet to the POINT OF BEGINNING; thence
continuing North 00 degrees 09 minutes 11 seconds West along said West line 135.17
feet to the Southern Limited Access Right of Way of U.S. 31 per state highway plans,
Project No. ST -F-222(9) and an non -tangent curve to the right having a radius of
2146.83 feet, the radius point of which bears South 47 degrees 02 minutes 47 seconds
East; thence Northeasterly along said curve 467.83 feet to the Northerly extension of
the West line of land described in Instrument No. 200400024404, recorded in the
Office of the Recorder of Hamilton County, Indiana and a point which bears North 34
degrees 33 minutes 38 seconds West from said radius point; thence South 01 degrees
12 minutes 11 seconds East along said Northerly extension 124.69; thence South 56
degrees 06 minutes 41 seconds West 156.22 feet; thence South 44 degrees 41
minutes 05 seconds West 321.40 feet to the POINT OF BEGINNING, containing 1.045
acres (45,517.13 square feet) more or less.
PAGE 1 OF 2
SURVEY FIRST LLC
LAND SURVEYORS & CIVIL ENGINEERS
25 W. MARION STREET DANVILLE, INDIANA 4612
PH: 317.745.9000 ^ FAX:317.745.9008
Job No.: 1250758 Drawn By: TDH
Drawn
Date: 06/10/15
Scale: 111= 60'