One One Six College Apartments, LLC/Easement and Cost Sharing AgreementCross-References: Instrument No. 2011022837 [Phase I]
Instrument No. [Phase II]
APPROVED
EASEMENT AND COST SHARING AGREEMENT
THIS EASEMENT AND COST SHARING AGREEMENT (this "Agreement") is made
as of the -7 1 �� day of C', '2017, by and among ONE ONE SIX COLLEGE
APARTMENTS, LLC, an Indiana limited liability company ("Phase I"), and ONE ONE SIX
COLLEGE APARTMENTS II, LLC, an Indiana limited liability company ("Phase II"; Phase I
and Phase II being sometimes collectively referred to as the "Parties," and individually, as a
"Party") and the CITY OF CARMEL (the "City") by and through its Board of Public Works and
Safety solely with respect to Section 9 herein related to a Storm Water Quality Management
Easement being granted by Phase I and Phase II to the City as set out herein.
RECITALS:
WHEREAS, pursuant to a certain deed recorded as Instrument No. 2011022837 in the
Office of the Recorder of Hamilton County, Indiana, Phase I is the owner of the real estate
described in Exhibit "A" attached hereto and by reference made a part hereof (the "Phase I
Property"), upon which is located a certain multifamily residential project of one hundred ninety-
one (191) apartment units (each a "Rental Unit");
WHEREAS, pursuant to a certain deed recorded as Instrument No. in
the Office of the Recorder of Hamilton County, Indiana, Phase II is the owner of the real estate
described in Exhibit `B" attached hereto and by reference made a part hereof (the "Phase II
Property") located adjacent to the Phase I Property, upon which Phase II intends to construct a
certain multifamily residential project of eighty-one (8 1) Rental Units;
WHEREAS, Phase I desires to grant an easement in' favor of the Phase II Property, its
owner and such owner's residential tenants to access and use certain recreational amenities,
including, but not limited to, a community lobby, recreational center, swimming pool, hot tub,
and leasing office, that may from time to time exist on the Phase I Property and are made
available by Phase I to its residential tenants (collectively, the "Phase I Recreational Facilities");
WHEREAS, Phase I desires to grant an easement in favor of the Phase II Property, its
owner and such owner's tenants, invitees, licensees and permitees, for (i) pedestrian access over
and across the sidewalks that may from time to time exist on the Phase I Property; and (ii)
vehicular access over and across the driveways that may from time to time exist on the Phase I'
Property (collectively, the "Phase I Access Facilities");
58685536.2
WHEREAS, a drainage pond (the "Pond") is located partially on each of the Phase I
Property and the Phase II Property,,and Phase I and Phase II desire to establish and grant certain
easements,' which will provide the Parties full use of the Pond for drainage;
WHEREAS, Phase I desires to establish and grant certain utility easements in favor of
Carmel utilities; and
WHEREAS, Phase I and Phase II desire to allocate certain expenses relating to the
foregoing and certain other common expenses proportionately to the owners .of the Phase I
Property and the Phase II Property, all on the terms described in this Agreement.
NOW THERE -FORE, in. consideration of the premises, and the mutual covenants
hereinafter made and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Phase I and Phase II agreed:
1. Recitals. The foregoing recitals are hereby affirmed by the parties as true and
correct and each such recital is incorporated herein by this reference. .
2. Recreational Amenities Easement. Phase I grants in favor of the Phase II
Property, its owner and such owner's residential tenants a perpetual, non-exclusive easement for
the purposes of pedestrian ingress and egress to and from and use of the Phase I" Recreational
Facilities (the "Recreational Amenities Easement"), subject to the limitations set forth in this
Agreement. The Recreational Amenities Easement includes but is no greater than all of the rights
and privileges from time to time accorded to residential tenants of the Phase I Property with
respect to the Phase I Recreational Facilities and is subject to the rules and regulations from time
to time promulgated by the owner of the Phase I Property for its residential tenants regarding the
Phase I Recreational Facilities. Such rules and regulations shall be consistent with good
apartment management, practices in the Carmel, Indiana area.
3. Access Easement. Phase I grants in favor of the Phase II Property, its owner and
such owner's tenants, invitees, licensees and permittees, a perpetual, non-exclusive easement
over and across the Phase I Property to use the Phase I Access Facilities for vehicular and
pedestrian access to and from any portion of the Phase II Property, subject to the limitations set
forth in this Agreement.
4. Limitations on Recreational Amenities and Access Easements. The Recreational
Amenities Easement and the Access Easement shall not be used in a manner which will, or may,
interfere with the use and enjoyment of the land and improvements constituting the Phase I
Property, by its ,owner, tenants, invitees, licensees, and permittees. Notwithstanding anything
contained herein to the contrary, the Recreational Amenities Easement and the provisions of
Section 7 hereof shall.be.terminable within thirty (30) days written notice, by lender for Phase I,
Deutsche Bank Trust Company Americas, as trustee for the registered holders of Bank of
America Merrill- Lynch Commercial Mortgage Inc., Multifamily Mortgage Pass -Through
Certificates, Series 2013-K33, and its successors and assigns (collectively, the "Phase I Lender")
under the following circumstances: (a) the sale, transfer, conveyance or other disposition of
Phase II to an entity unaffiliated with Phase I; (b) if the loan held by Phase I Lender on Phase I
58685536.2 2
(the "Phase I Loan") is transferred from a "master servicer" to a "special servicer" due to a so-
called "servicing transfer event" per Phase I Lender's servicing standards or requirements, as
determined by Phase I Lender; (c) foreclosure with respect to the Phase I Loan; or (d) if Phase I
Lender determines, in its sole and absolute discretion, that the easements, rights and obligations
under the Recreational Amenities Easement have a material adverse effect on Phase 1.
5. Reciprocal Drainage Easement. Phase I and Phase II each hereby grants,
bargains, sells and conveys to and for the benefit of the other and their respective employees,
agents, tenants and invitees, a non-exclusive, perpetual drainage easement on, over, above,
across and through that portion of the Pond located on their respective Properties being more
particularly described on Exhibit "C" attached hereto and by reference incorporated herein (the
"Pond Easement Area"), for the purpose of installing, maintaining, repairing, continuing, and
improving the Pond and associated drainage facilities and for storm water drainage and flow
through the Pond and such associated drainage facilities (the "Pond and Drainage Easement").
In addition, Phase II hereby grants to Phase I a temporary construction easement on, over, above,
across and through the portion of the Phase I Property located adjacent to the Pond Easement
Area for the construction, installation, and modification of the Pond and related drainage
facilities (the "Temporary Construction Easement"). The Temporary Construction Easement
shall terminate upon completion of modifications to the Pond and related facilities.
6. Limitations on Reciprocal Pond and Drainage Easement. The Pond and Drainage
Easement shall not be used in a manner which will, or may, interfere with the use and enjoyment
of the land and improvements constituting the Properties by their respective owners, tenants,
invitees, licensees, and permittees. Neither permanent nor temporary structures which would
materially affect the Pond or drainage facilities or either party's use thereof may be placed within
the Pond Easement Area unless the written consent of the other party is first obtained. Trees,
shrubs, and wooded vegetation which would materially affect the drainage facilities or either
party's use thereof shall be at least five (5) feet from any drainage line within the Pond Easement
Area. Each party shall be solely responsible for all taxes and assessments levied against the
portion of the Pond Easement Area located on its respective property.
7. Cost Sharing for Certain Maintenance, Repair and Other Expenses. The owner of
the Phase I Property shall operate, maintain, repair and replace the Phase I Recreational Facilities
and the Phase I Access Facilities in the manner of similar first class apartment communities
located in the Indianapolis, Indiana metropolitan area. All costs (a) for the operation,
maintenance, repair and replacement of (i) the Phase I Recreational Facilities, and the furniture,
equipment, fixtures and appliances located therein, including but not limited to, insurance,
utilities, and janitorial services attributable to the Phase I Recreational Facilities; (b) for common
expenses benefiting both the Phase I Property and Phase II Property, including, but not limited
to, common labor and administrative expenses, and marketing expenses (so long as the
apartment communities located on the Phase I Property and the Phase Il Property are marketed
as an integrated development by a common management agent), and (c) for the maintenance,
repair and replacement of the Pond and associated drainage facilities shall be shared by the
owners of the Phase I Property and the Phase II Property on a proportionate basis calculated by
multiplying such costs by a fraction the numerator of which equals the total number of Rental
Units on the Phase I Property or the Phase II Property, as the case may be, and the denominator
58685536.2 3
of which equals the total number of Rental Units on both the Phase I Property and the Phase II
Property. The owners of the Phase I Property and the Phase II Property shall strive to segregate
expenses whenever reasonably possible, and, in such case, each party shall be responsible for its
own expenses. Notwithstanding the above, costs allocable between the owners of the Phase I
Property and the Phase II Property pursuant to this Paragraph 4 shall not include debt service
attributable to the Phase I Recreational Facilities or the Phase I Access Facilities. Billings for
costs allocated pursuant to this Paragraph 4 shall be no more often than monthly, and payment
for such expenses shall be due within thirty (30) days after receipt of such bill. The owners of
the Phase I Property and the Phase II Property each shall have the right to undertake an audit of
the expenses hereunder no more often than once every six months. Such audit shall be at the
auditing party's expense; provided, however, if an audit should disclose an over -billing of
expenses of more than 10% of such amounts for the period audited, then such audit shall be at
the audited party's expense and the audited party shall reimburse the auditing party for such
over -billing and audit expenses within thirty (30) days after written notice thereof. Any amounts
due and owing hereunder shall constitute a lien upon the property of the party owing such
amounts. The sharing of costs and expenses contemplated in this paragraph shall include
expenses for any repairs, replacements or improvements of a capital nature.
8. Sanitary Sewer Easement and Limitations. Phase I does hereby grant, sell and
convey to the Clay Township Regional Waste District, a regional sewer district duly organized
and existing under the laws of the State of Indiana (hereinafter "CTRWD"), a permanent, non-
exclusive easement and right-of-way to construct, operate, control, maintain, reconstruct, change
the size of, repair and remove a pipeline and /or related appurtenances to be used for the
transmission of sewage along, under, through and across the Phase I land in Hamilton County,
State of Indiana, which easement is more particularly described on Exhibit "D" attached hereto
and by reference incorporated herein (the "Sanitary Easement Area"). Phase I shall not convey
any further interest in said easement or right of way except to other public utilities for utility
purposes or to other parties for access.
CTRWD will level the ground and reseed any areas that might be disturbed as a result of the
construction of the sewer line, or appurtenances, or as a result of any maintenance repairs that
may be made to said sewer line or appurtenances hereafter. It is further agreed that any damage
to any private drive, pipe, tile, fences or other property of Phase I (other than trees, shrubs and
ground cover) occasioned by the construction of said sewer line shall be repaired or replaced by
CTRWD in as good or better condition as the same exists immediately prior to any such damage
and as soon as reasonably practical following such damage. CTRWD shall have the right of
ingress and egress over and across the easements granted for purposes described in this
Paragraph 8. Whenever necessary or convenient, CTRWD may haul across the easements
granted herein such pipe and other materials as may be needed in the construction or
maintenance of its pipeline. Phase I shall have the right to fully use and enjoy the strip of land
granted as a permanent easement except for such use as may impair, impede or unreasonably
interfere with the exercise by CTRWD of the rights granted in this Paragraph 8. Phase I shall not
construct or permit to be constructed any house, structure, or obstruction on or over or interfering
with the construction, maintenance, or operation of any pipeline or appurtenance constructed
pursuant to this instrument. Phase I further agrees that Phase I shall not change the grade of any
58685536.2 4
such pipeline. The grants, covenants and stipulations hereof shall extend to and be binding upon
the respective heirs, successors and assigns of the parties.
9. Storm Water Quality Management Easement. In connection with the
improvements being constructed, the City of Carmel, Indiana (the "City") has approved or will
approve a Storm Water Management Permit (the "Permit"), and the City requires this storm
water quality management easement (the "BMP 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").
a. BMP Easement Area. Phase I and Phase II, respectively, hereby grant to
the City (the "BMP Grantee"), a non-exclusive, perpetual easement on, under and
through a portion of the Phase I Property and the Phase II Property being legally
described and graphically depicted in what is attached hereto and incorporated herein by
reference as Exhibit "C" (the "BMP Easement Area"). Phase I and Phase II each also
grant the BMP Grantee the right to access the BMP Easement Area from and across the
Phase I Property and the Phase II Property.
b. Storm Water Qualityystem. 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, a storm inlet
catch basin with a snout, pipes, and wet detention basin for best management practices
(collectively, the "Storm Water Quality System") to be constructed, installed and
maintained by Phase I and Phase II, respectively, at their expense, in accordance with the
Permit and the Ordinances.
C. Purpose of BMP Easement. The BMP Grantee shall be and hereby is
permitted at all times to enter upon the BMP 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.
d. Maintenance and Repair. It shall be the obligation of Phase I and Phase II,
respectively, to maintain in proper working order and to repair and/or replace the Storm
Water Quality System, or parts thereof located on their respective properties, 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.
e. 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, the BMP Grantee
shall have the right, but not the obligation, after providing reasonable written notice to
Phase I and Phase II, respectively, to perform, at the expense of Phase I and Phase II (as
applicable), such maintenance, repair, modification, and/or replacement of the Storm
Water Quality System as is necessary to restore compliance with the requirements set
58685536.2 5
forth in the Permit and/or the Ordinances; provided, however, that the performance by
Grantee of such maintenance, repair, modification and/or replacement of the Storm Water
Quality System shall under no circumstances relieve Phase I or Phase II of their
respective responsibilities to maintain and operate the portion of the Storm Water Quality
System located on their property, which responsibility shall be continuous and ongoing.
f. Reimbursement of Expenses and Enforcement. Phase I and Phase II shall
reimburse the BMP Grantee for costs and expenses incurred by the BMP Grantee in the
performance of the maintenance, repairs, modifications and/or replacements specified in
subparagraph (e) above and, in the event of litigation to recover such expenses, the
prevailing party shall be entitled to recover reasonable attorneys' fees; provided,
however, that any physical damage to the BMP Easement Area and the adjoining Phase I
Property or Phase II Property resulting from the exercise of the rights granted to the BMP
Grantee in this Paragraph 9 shall be promptly repaired or restored by the BMP Grantee to
a condition which is substantially the same as the condition prior to the damage.
g. Character of BMP Easement. The BMP Easement shall be perpetual and
non-exclusive, and further, shall inure to the benefit of and be binding upon the parties'
respective successors and assigns.
h. Use by Phase I and Phase II and Other Easements. Phase I and Phase II
shall be permitted to us that portion of the BMP Easement Area on the Phase I Property
and the Phase II Property, respectively, and also to grant other easements within the BMP
Easement Area for any purposes which do not impair the Storm Water Quality System
and which are not inconsistent or conflicting with the BMP Easement and the BMP
Grantee's rights under the BMP Easement.
i. Amendment of BMP Easement. The BMP Easement may be amended
only by a written instrument signed by the then -owners of the Phase I Property and the
Phase II Property and the BMP Grantee, or its successor or (ii) by an order of a court of
competent jurisdiction.
. j. Environmental Matters. Phase I and Phase II, respectively, covenants and
represents that to its actual knowledge, the Phase I Property and the Phase II Property, as
applicable, is not presently the subject of, nor is there the threat of any federal, state or
states, or local environmentally related lien, proceeding, claim, liability or action. Phase I
and Phase II each respectively agree that between such party and the BMP Grantee, the
acceptance of this Easement by the BMP Grantee shall not increase the liability of the
BMP Grantee for environmentally related claims arising from or related to (i) conditions
on the Phase I Property or Phase II Property prior to the acceptance of this Easement; (ii)
acts of Phase I, Phase II or any other third party; or (iii) conditions on the Phase I
Property or Phase II Property not created by BMP Grantee. Phase I and Phase II
respectively shall cooperate with BMP Grantee in complying with any and all applicable
federal, state or local requirements for drainage and/or storm water.
58685536.2 6
k. Enforcement. All covenants and agreements under this Section 9 may be
enforced by an action for specific performance, and in the event that a party breaches any
such covenant or agreement, the other party may further exercise any remedy available
hereunder, at law or in equity, and recover from the breaching party all amounts
expended in connection with exercising any such remedy (including without limitation,
court costs and reasonable attorneys' fees).
1. Controlling Provisions. With respect to the BMP Easement and this
Section 9, in the event of any conflict between any other Section of this Agreement and
this Section 9, this Section 9 shall control.
in. Authority. Phase I and Phase II respectively hereby represent and warrant
that the person signing this Agreement has the authority to bind Phase I and Phase II, as
applicable, to the terms and conditions set forth in this Section 9, that all necessary action
therefore has been taken and that Phase I and Phase II respectively has obtained all
necessary consents and approvals of any mortgagee or other third party required for the
granting of this BMP Easement. Phase I and Phase II respectively will indemnify BMP
Grantee against any loss, damage or cause of action from a failure under this Section 9.
10. Invalidity. In the event any provision of this Agreement or the application of that
provision to any persons or circumstances shall to any extent be determined to be invalid, illegal
or unenforceable under any applicable governmental laws, orders, rules or regulations, the
remainder of this Agreement or the application of the provision to other persons or circumstances
shall not be affected and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
11. Limitations on Rights and Obligations. The rights and obligations established by
this Agreement shall be subject to any governmental laws, rules and regulations applicable to
this Agreement promulgated by any governmental authority.
12. Governing Law. This Agreement shall be construed and the rights and obligations
of the parties hereto shall be determined in accordance with the laws of the State of Indiana.
13. Notices. Any written notice permitted or required hereunder shall be effective
when (a) mailed by certified United States mail, postage prepaid with return receipt requested, or
(b) sent by an overnight carrier which provides for a return receipt, to the applicable address
specified below:
If to Phase I: c/o J.C. Hart Company, Inc.
805 City Center Drive, #120
Carmel, Indiana 46032
If to Phase II: c/o J.C. Hart Company, Inc.
805 City Center Drive, #120
Carmel, Indiana 46032
58685536.2 7
If to City of Carmel
as BMP Grantee:
with a copy to:
City of Carmel
Director of Engineering
One Civic Square
Carmel, Indiana 46032
City of Carmel
Corporation Counsel
One Civic Square
Carmel, Indiana 46032
or at such other address as Phase I, Phase II or City of Carmel, as BMP Grantee, may
from time to time specify for itself by notice hereunder.
14. Covenants Run With Land. All provisions of this Agreement, including the
benefits and burdens, run with the land and are binding upon and inure to the successors and
assigns of Phase I and Phase II; provided, however, upon a sale of the Phase I Property or the
Phase II Property, the seller shall have no liability hereunder for obligations accruing after the
date of the sale as to the parcel sold. Further, any purchaser at a foreclosure sale under any
mortgage encumbering the Phase I Property or the Phase II Property, or any person or entity who
acquires the Phase I Property or the Phase II Property by deed in lieu of foreclosure shall not
have liability hereunder for obligations accruing prior to the date of such foreclosure sale or'
conveyance by deed in lieu of foreclosure. This Agreement shall not be construed as either
creating a dedication or grant of any rights to the public or causing Phase I and\or Phase II, to be
a joint venturer or partner of any tenant, subtenant, licensee or invitee.
15. Indemnification. The owner of the Phase II Property hereby agrees to indemnify
and to hold the owner of the Phase I Property harmless from and against any loss, damage, claim,
liability or expense incurred by the owner of the Phase I Property, including, but not limited to
reasonable attorneys' fees, caused by or resulting from any act or omission attributable to the
owner of the Phase II Property, and residential tenants in connection with its or their exercise of
the easement rights granted herein, except to the extent due to the gross negligence or willful
misconduct of the owner of the Phase I Property. The owner of the Phase II Property's
indemnification obligations provided for herein shall survive the extinguishment of the easement
granted herein.
16. Default. Any breach of the obligations set forth in this Agreement shall constitute
a default of this Agreement and the non -breaching party shall be permitted to pursue all remedies
available at law or in equity. The prevailing party in any action brought to enforce any
obligation hereunder shall be entitled to recover its court costs and reasonable attorneys' fees
incurred in connection with such action.
17. Amendment. This Agreement constitutes the entire agreement by and among the
parties hereto, and supersedes all prior discussions, undertakings or agreements with respect to
the subject matter of this Agreement. The terms, covenants, conditions and provisions of this
58685536.2 8
Agreement may not be terminated, modified, rescinded or amended in whole or in part without
the prior written consent of the parties hereto. Any such amendment or modification to this
Agreement shall be done by an instrument in writing duly executed by the appropriate parties in
interest. The undersigned persons executing this Agreement for and on behalf of Phase I and
Phase II each represent and warrant that he has been duly authorized by each of Phase I and
Phase II to execute and deliver this Agreement and that all actions, votes, approvals and/or
restrictions necessary to allow the execution and delivery of this Agreement have been
undertaken. This Section 17 shall not apply to the amendment of the BMP Easement under
Section 9.
[SIGNATURES ON THE FOLLOWING PAGE]
58685536.2 9
IN WITNESS WHEREOF, Phase I and Phase II have set their hand the day and year first
above written.
"Phase I"
ONE ONE SIX COLLEGE APARTMENTS, LLC,
an Indiana limited liability company
By: J.C. Hart Company, Inc.,
an Indiana corporation, its Manager
By:
John C. Hart, Jr., President
"Phase II"
ONE ONE SIX COLLEGE APARTMENTS II,
LLC, an Indiana limited liability company
By: J.C. Hart Company, Inc.,
a limited liability company, its Manager
By:
John C. Hart, Jr., President
Exhibit "A" — Phase I Property
Exhibit `B" — Phase II Property
Exhibit "C" — Pond Easement Area
Exhibit "D" — Sanitary Easement Area
58685536.2 10
The City of Carmel, by and through its Board of Public Works and Safety, is executing this
Agreement solely with respect to Section 9 herein regarding the BMP Easement and for no other
purpose.
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
J mes Brainard, Mayor
Date:
M6�A4 L Zjj
MaX Ann urke
Date:
r
Lori Watson
Date: LP
ATTEST:
Christine S. Pauley, Clerk -Treasurer
Date: —2 H
58685536.2
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared John C.
Hart, Jr., the President of J.0 Hart Company, Inc., the Manager. of One One Six College
Apartments, LLC, who,, after having been duly sworn, acknowledged the execution of the
foregoing Easement and Cost Sharing Agreement for and on behalf of such of such limited
liability company.
WITNESS, my hand and Notarial Seal this
iV aIV �
My Commission Expires. = r+•:
SEAL •
�.41111111111N����
58685536.2 12
L
My County of Residence:
2017.
otary Public
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared John C.
Hart, Jr., the President of J.C. Hart Company, Inc., the Manager of One One Six College
Apartments II, LLC, who, after having been duly sworn, acknowledged the execution of the
foregoing Easement and Cost Sharing Agreement for and on behalf of such limited liability
company.
WITNESS, my hand and Notarial Seal this
My Commission Expires:
58685536.2 13
My County of
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 day of
My Commission Expires:
Notary Public
Residing in County
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
2017.
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 day of
My Commission Expires:
Residing in
58685536.2
County
Notary Public
Printed Name
2017.
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
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 12017.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
Christine S. Pauley, the Clerk Treasurer 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:
Residing in
County
day of 52017.
Notary Public
Printed Name
This instrument was prepared by and after recording please return to: Samantha R. Hargitt,
Attorney -at -Law, Wooden McLaughlin, One Indiana Square, Suite 1800, Indianapolis,
Indiana 46204.
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 [Samantha R. Hargitt].
#1026952
58685536.2
EXHIBIT "A"
Phase I Property
Commencing at the Southwest corner of Section 36, Township 18 North, Range 3 East of the Second Principal
Meridian, Hamilton County, Indiana; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) on
the South line of the Southeast quarter of Section 35, Township 18 North, Range 3 East a distance of 23.00 feet;
thence North 01 degrea 101Wnutes 26 seconds West 100.00 feet to the intersection of (lie North line of troth Street
as described in Instrument No. 2004022719 in the Office of the Recorder, Hamilton County, Indiana and the East
right of way line of College Avenue as, described in Instrument No. 8742050 in said Recorder's Office, said point
being a point of curvattue of a tangent curve, concave Easterly, the radius -point of which bears North 88 degrees
49 minutes 34 seconds East 707.65 feet from said point of curvature; thence. Northeasterly along said curve (and
Emtright-of-way line of College Avenue). an are distance of 247.30 feet, the cl)ord of.which bears North 08 degrees
50 minutes 15 seconds East a distance of 246.04 feet; thence North 18 degrees 17 minutes 09 seconds East on said
Last right-of-way line 26.82 feet to the POINT OFF BEGINNING; thence continuing North 18 degrees 17 minutes
09 seconds East 73,16 Feet ori said East right-of4ay line; thence North 18 degrees 51 minutes 31 seconds East
71.39 feet on said East right-of-way line to the poirit of curvature of a tangent curve, concave Westerly, the radius
point of which bears North 71 degrees 08 minutes 26 seconds West 162.00 feet from said paint of curvature; thence
Northerly 136.73 feet on said East right-of-way line on salci.curve to the left, said'cune being subtended by a, chord
that bears North 05 degrees 17 minutes 13 seconds West 132.71 feet from said point of curvature, to the point of
tangency thereof; thence North 29 degrees 29.minutes 57 seconds West 111.19 feet on said East right-of-way Pane to
the North line of the real estate described in Instrument No, 200600018716 In said Recorder's Office; thence North
89 degrees 09 minutes 48 seconds East 596,83 feet on the North.line of the real estate described In said Instrument
No. 200600618718 and the North line of the real estate described in Instrument No. 200600018715 in said
Recorder's Office; the following two (2) courses are on the perimeter of the real estate described in, said
Instrument No. 20060018715; 1.) -thence -North 00 degrees 22 minutes 52 seconds West 58.02 feet; 2.) thence North
89 degrees 09 minutes 48 seconds East: 220.00 feet; thence. Soutli 00 degrees 22 minutes 52 seconds Feast 460.67
feet on the East line of the real estate described in said Instrument No. 20060018715 Arid the Southerly
prolongation thereof; thence South 89 degrees. 53 minutes 52 seconds West 515,82 feet to the point of curvature of
a tangent curve, concave Northerly, the,radius point of which bears North 00 degrees 06 minutes 08 seconds West
1517.50 feet; thence Northwesterly 252:78 feet on the arc of said curve to the right, the chord of which bears North
85 degrees 19 minutes 48 seconds West a chord distance of 252,49 feet; thence North 80 degrees 33 minutes 29
seconds West 31.35 feet to the POINT OF BEGINNING, containing T274 acres, more or less.
58685536.2
EXHIBIT "B"
Phase II Property
PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH,
RANGE 3 EAST, HAMILTON
COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -Wm_
BEGINNING AT A POINT 66.00 FEET WEST OF THE EAST LINE OF THE WEST HALF OF SAID
SOUTMTEST QUARTER AND 594.00 FEET NORTH OF THE SOUTH LINE OF SAID HALF QUARTER.
SECTION THENCE SOUTH 89 DEGREES.28 MINUTES 11 SECONDS WEST ON A LINE PARALLEL TO
P THE SOUTH LINE OF SAID SOUTHWEST !QUARTER, 23129 FEET TO A POINT ON:A LINE THAT IS
WEST OF AND PARALLEL TO THE EAST LINE OF SAID WEST HALF, THENCE SOUTH 00 DEGREES
05 MINUTES 04 SECONDS EAST ALONG SAID PARALLEL LINE, 255.83 FEET, THENCE SOUTH 86
DEGREES 23MINUTES 54 SECONDS WEST, 44.82 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES
37 SECONDS WEST 163.97 FEET TO A POINT ON A LINE THAT IS WEST OF AND PARALLEL TO THE
EAST LINE OF SAID WEST HALF; THENCE NORTH 00 DEGREES 05 MINUTES 04 SECONDS WEST
ALONG SAID PARALLEL LINE, 454.99 FEET TO A POINT ON A LINE THAT IS WEST OF AND
PARALLEL TO THE EAST LINE OF $AID WEST HALF; THENCE NORTH 89 DEGREES 28 MINUTES 11
SECONDS EAST, ALONG SAID PARALLEL LINE,.440.00 FEET TO THE PLACE OF BEGINNING,
CONTAINING 324 ACRES, MORE OR LESS. .
58685536.2
EXHIBIT "C"
Pond Easement Area
[See attached.]
58685536.2
�—N89°54'56,"E 22.00'
PROPOSED BMP EASEMENT
o' ® 0.091 AC.f EAST LINE OF THE
a.: o
WEST HALF
co
r f SOUTHWEST (QUARTER
o I SEC_ 36-T18.N-R3E
C)
LOo
4 0
0 0
0 0
r
J 771 W
S89028'11"W 415.00' -V
S89 54 56 V 22 ,OG I z
POINT_ OF BEGINNING. >
vl�
o
�t
ole
0
J
SOUTH LINE OF THE
SOUTHWEST QUARTER z� UO_
SEC_ 36-T18N-R3E `—_,
SOUTHEAST CORNER
iNEST HALE
S89028'11"W 66.00'
SOUTHWEST QUARTER
(BASIS Of BEARINGS}�
SEC. 36-T18N-R3E
1(l
POINT OF COMMENCEMENT �
LAND DESCRIPTION
A part of the Southwest Quarter of Section 36, Township 18 North, Flange 3 East of the Second Principal Meridian, situated in
CenterTdwnship, Hamilton County, Indiana and ging more particularly described as follows'
Commencing at the Southeast corner of the West Half of the Southwest Quarter of said Section 36; thence South 89 degrees
28 minutest 1 seconds (Nest (basis of bearings) on and along the South line of said Southwest Quarter, $6,00 feat to the
centedine of Guilford Avenue; thence North 00 degrees 05 minutes 04 seconds 'Nest along said:centerline and parallel with
the East line of the 'Nest Half of the Southwest Quarter of said Section, 456.81 feel; thence Soulh 89 degrees 28 minutes 11
seconds 'Nest parallel with. the South line of the Southivest Quarter of said Section, 418.00 feet to the Point of Beginning;
thence South 89 degrees 54 minutes 56 seconds West, 22,00 feet; North 00 degrees 05 minutes 04 seconds West parallel
with the East line of the West Half of the Soulhwest Quarter of said Section, 180,00 feet; thence North 89 degrees 54 minutes
56 seconds East, 22,00 feet; thence South H degrees.05 minutes 04 seconds East parallel with the East line of the West Half
of the Southwest Quarter of said Section, 180.00 feet to the Point of Beginning, containing 0,091 acres, more or less.
This exhibit was prepared based upon documents obtaind fr
eom the Office of the Recorder of Hamilton County, and other
sources and is not intended to be represented as a retracement or original boundarysurrey, a route survey, or a Surveyor
Location Report,
TVT E I
[pJ'saea, Ni., 9,Jiun�3ff;50 `$ChLE: S' —ICYT
ENGINEERS a•t •asir c r so 1co
FDD 452. C-0,
LmSumsivq 10.11 rnCfaicnj 317 M43-131
Lan&caP a Flrchftk{ll3e .
58685536.2 19
Exhibit "D"
Sanitary Easement Area
[See attached.]
58685536.2
LAND DESCRIPTION
A part of the Southwest Quarter of Section 36, Township 18 North, R. ange 3 East of the Seccnc Principal Meridian, situated in
Center Township, Hamilton. County, Indiana and being more parcularly described as follow :
Commencing at the Southeast comer of the West Half of the Southwest Quarter of said Section 36; thence South 89 degrees
28 minutes 11 seconds West (basis of burngsl or, and along the South line of said Southwest Quarter, 66.00 feet to the
centerline of Guilford Avenue; thence Nodh C0 degrees 05 minutes 04 seconds West along saie centerline and -parallel with
the East line of the West Half of the Southwest Quarter of said Section, 341,66feet; thence South 89 degrees 28 minutes 11
seconds West parallel with the South line of the Southwest Quarter of said Section, 440,00 feetto-the Point o9 Beginning;
thence South 89 degrees 58 minutes 32 seconds West, 4,51 feet; thence North 57 eegrees 09 minutes 13 seconds West.
26,18 feet; thence North 89 duress 54 minutes 56 seconds East, 26,48 feet; thence South.00 degrees 05 minutes 04 seconds
East parallel with the East line of the West Half of the Southwest Quarter of said Section,14,24 feet to the Point of Beginning,
containing 0;005 acres, more or less.
This exhibit was prepared, based upon documents obtained from the Office of tie Recorder of Hamilton County, and other
sources and is not intended to be represented 'as a retracement or original boundary survey, a route surrey, or a Surveyor
Location Report, i
SANITARY SEWER
NWEIHE
ENGINEERS. � ,a o ,� .CASEMENT
5UI7 a�2 . •OS
L-rc�lCMI=+`s"rn'-'vii 117 817-r5,6f, Date: August 11, 2016
dsc.�
58685536.2 21
PROPOSED SANITARY EAST LINE OF THE WEST HALF
T
SEWER EASEMENT SOUTHWEST QUARTER
0.005 AC -t SEC. 36,-R3E
N89`54'56"E 26,48'
S00`05'04"E
14,24'
S89°28'11"W 440.00' r Z6
N57°09'13"bV 26,18'
U
POINT OF BEGINNING � w t
C0
E
S89058'KM 4,51'
a o
I
to LL
O J
SOUTH LINE OF THE' z I CD
SOUTHWEST QUARTER
SEC. 36-T18N-R3E `J
3
S89°28'1 vW 86,00'
(BASIS OF BEARINGS)
POINT OF COMMENCEMENT -r
SOUTHEAST CORNER
WEST HALF
SOUTHWEST QUARTER
SEC. 36-T-18N-R3E
LAND DESCRIPTION
A part of the Southwest Quarter of Section 36, Township 18 North, R. ange 3 East of the Seccnc Principal Meridian, situated in
Center Township, Hamilton. County, Indiana and being more parcularly described as follow :
Commencing at the Southeast comer of the West Half of the Southwest Quarter of said Section 36; thence South 89 degrees
28 minutes 11 seconds West (basis of burngsl or, and along the South line of said Southwest Quarter, 66.00 feet to the
centerline of Guilford Avenue; thence Nodh C0 degrees 05 minutes 04 seconds West along saie centerline and -parallel with
the East line of the West Half of the Southwest Quarter of said Section, 341,66feet; thence South 89 degrees 28 minutes 11
seconds West parallel with the South line of the Southwest Quarter of said Section, 440,00 feetto-the Point o9 Beginning;
thence South 89 degrees 58 minutes 32 seconds West, 4,51 feet; thence North 57 eegrees 09 minutes 13 seconds West.
26,18 feet; thence North 89 duress 54 minutes 56 seconds East, 26,48 feet; thence South.00 degrees 05 minutes 04 seconds
East parallel with the East line of the West Half of the Southwest Quarter of said Section,14,24 feet to the Point of Beginning,
containing 0;005 acres, more or less.
This exhibit was prepared, based upon documents obtained from the Office of tie Recorder of Hamilton County, and other
sources and is not intended to be represented 'as a retracement or original boundary survey, a route surrey, or a Surveyor
Location Report, i
SANITARY SEWER
NWEIHE
ENGINEERS. � ,a o ,� .CASEMENT
5UI7 a�2 . •OS
L-rc�lCMI=+`s"rn'-'vii 117 817-r5,6f, Date: August 11, 2016
dsc.�
58685536.2 21