Carmel Drive - National Bank of Indianapolis APPROVED co
Cross Reference to Deed: Instrument number 2011023547 recorded with the Recorder of
Hamilton County, Indiana.
RANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEME 'a .00 easement (the "Easement") is by and between The National Bank of Indianapolis
Corporation, an Indiana corporation, (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;
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 a financial institution (the "Financial Institution
on the Real Estate and, in connection with the construction, development and operation of the
Financial Institution, 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.
2011068420 EASEMENTS $25.00
12/29/2011 10:06:03A 7 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as I( resented
1 p
IIIII IIDIIII�IIIII III I�IIIIII1IIIIIIIIIIIIII !II 11 1111
E d M)a .[Jr
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.
The National Bank of In.'. apolis Corpration,
an Indiana corporatio L
B 14/1A
Ards L. Maure.r, Pre. ent
!Fate:
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Morris
L. Maurer, the President of The National Bank of Indianapolis Corporation, an Indiana
corporation and acknowledged execution of the foregoing Easement for and on behalf of said
entity.
Witness my hand and Notarial Seal this /,5 day of r 2011.
My Commission Expires: C
OSt /o «/c /!o ary Public
Residing in County Tel n i cc. ken
Printed Name
JANICE ('!I &EN i. NOTARY PUBLIC
MY COMMISSION EXPIRES: 02/04/2016
COUNTY OF RESIDENCE: JOHNSON CITY OF CARMEL BOARD OF PUBLIC WORKS SAFETY
/Vo7"
James Brainard, Mayor
Date: g -a
et(Burke
?1/41/y
Date:
Lor' W- son vvx e
Date: `'7/)-4
ATTEST:
ti
iana L. Cordra AMC, Clerk- Treasurer
Date:
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 exe n of the foregoing Easement for and on behalf of City of Carmel, Indiana
Board of Pu Works Safety.
Witness my hand and Notarial Seal this day of 2011.
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 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 \..eigk. /n,p, 2011.
My Commission Expires:
Notary Public
Residing in 10040 County Qnn Da015
Printed Name
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 p? 1 day of ,..etp�embe r 2011.
My Commission Expires: av 4Z:2-444xt.
/Wi 7 Notary Public n
Residing in /40 /i r //n/7 County C C Oa (,S
Printed Name
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
5,, (.0,6,
J Before me, a Not Public in and for said County and State, personally appeared u
y, IAMC 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 4/ day of .■2 2011.
My Commission Expires: e- L �uti
/Y /i7 Notary Public
Residing in 44 i {on County C, aan (/(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 Social Security number in this document, unless required by law
Charles D. Frankenberger
Prepared by: Charles D. Frankenberger, NELSON FRANKENBERGER, 3105 East 98`
Street, Suite 170, Indianapolis, IN 46280, Phone (317) 844 -0106.
Return to: Charles D. Frankenberger, NELSON FRANKENBERGER, 3105 East 98`
Street, Suite 170, Indianapolis, IN 46280, Phone (317) 844 -0106.
H \Beck) \Zoning Real Eslate Matters \National Basil, of Iodpls Cm mcl Drn e\Dratnage Easement \Diamagc Easement Rcused do,
EXHIBIT "A"
CURVE 1' PAGE 1 OF 2 z
R 1145.92' P. T-
L 400.00' C• S'9'49'49 "E
C 397.97' I 060.12'
CHRD BRG N8010'11 E 5 r C2 1
2 s a
1
S89'49'49"E C1 N rn
600.00 P.C. P d-
CURVE 2
R 1145.92'
L 400.00'
3 C 397.97'
e
1
CHRD BRG N80'10'11 E
bi.c.'i
X1
o.r
o•
zi
I S.W. COR., SW 1/4
SEC. 31, T18N, R4E LEAD -IN DETAIL
Drainage Access Easement SCALE: 1" 40'
Part of the South Half of Section 31, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the Southwest comer of said Section 31; thence North 00 degrees 49 minutes 34 seconds West along the West line of said Section
1752.85 feet to the intersection of the centerline of Westfield Boulevard With centerline of Carmel Drive; thence South 89 degrees 49 minutes 49
seconds East along the centerline of said Carmel Drive 600.00 feet to the P.C. of a curve; thence along said centerline Northeasterly 400.00 feet
along an arc to the left having a radius of 1145.92 feet and a long chord having a bearing of North 80 degrees 10 minutes 11 seconds East and a
length of 397.97 feet to the P.T. of said curve; thence North 70 degrees 10 minutes 11 seconds East along said centerline 238.51 feet to the P.C. of a
curve; thence along said centerline Northeasterly 400.00 feet along an arc to the right having a radius of 1145.92 feet and a long chord having a
bearing of North 80 degrees 10 minutes 11 seconds East and a length of 397.97 feet to the P.T. of said curve; thence South 89 degrees 49 minutes 49
seconds East along said centerline1060.12 feet the grantor's west line; thence South 00 degrees 05 minutes 26 seconds West 48.00 feet along said
g west line to the south line of a tract of land granted to the City of Carmel recorded as Instnunent #200200053387 in the Office of the Recorder of
9 Hamilton County, Indiana; the next two (2) courses are along said south line; (1) thence South 89 degrees 49 minutes 49 seconds East 69.49 feet to
1 ur the POINT OF BEGINNING of this description; (2) thence South 89 degrees 49 minutes 49 seconds East 20.00 feet thence South 00 degrees 10
Z minutes, 11 seconds West 35.56 feet thence South 89 degrees 54 minutes 34 seconds East 18.51 feet to the P.C. of a curve; thence northeasterly 7.85
S feet along an arc to the having a radius 5.00 feet and a long chord having a bearing of North 45 degrees 05 minutes 26 seconds East and a length
of 7.07 feet to the P.T. of said curve; thence North 00 degrees 05 minutes 26 seconds East 13.00 feet; thence South 89 degrees 54 minutes 34 seconds
Kt East 27.00 feet; thence South 00 degrees 05 minutes 26 seconds West 13.01 feet to the P.C. of a curve; thence southeasterly 5.57 feet along an are to
U the left having a radius 5.00 feet and a long chord having a bearing of South 31 degrees 49 minutes 30 seconds East and a length of 5.29 feet to the
P.T. of said curve; thence South 00 degrees 05 minutes 26 seconds West 24.53 feet thence North 89 degrees 50 minutes 10 seconds West 21.80 feet
N to the P.C. of a curve; thence southwesterly 7.85 feet along an arc to the left having a radius 5.00 feet and a long chord having a bearing of South 45
degrees 05 minutes 26 seconds West and a length of 7.07 feet to the P.T. of said curve; thence South 00 degrees 05 minutes 26 seconds West 15.00
feet; thence North 89 degrees 54 minutes 34 seconds West 63.00 feet; thence North 00 degrees 05 minutes 26 seconds East 15.00 feet to the P.C. of a
curve; thence northwesterly 7.85 feet along an arc to the left having a radius 5.00 feet and a long chord having a bearing of North 44 degrees 54
J. minutes 34 seconds West and a length of 7.07 feet to the P.T. of said curve; thence North 89 degrees 54 minutes 34 seconds West 17.45 feet; thence
8 South 00 degrees 05 minutes 30 seconds West 148.89 feet; thence South 89 degrees 54 minutes 34 seconds East 98.95 feet to the P.C. of a curve;
thence northeasterly 31.42 feet along an am'm the left having a radius 20.00.feet and a long chord having a bearing of North 45 degrees 05 minutes
d 26 seconds East and a length of 28.28 feet to the P.T. of said curve; thence North 00 degrees 05 minutes 26 seconds East 15.32 feet; thence South 89
degrees 54 minutes 34 seconds East 22.45 feet to the grantors east line; thence South 00 degrees 10 minutes 11 seconds West 68.99 feet along said
c east line to the grantor's south line; thence North 89 degrees 49 minutes 49 seconds West 152.82 feet along said south line; thence North 00 degrees
N 06 minutes 50 seconds East 28.45 feet to the P.C. of a curve; thence northwesterly 7.10 feet along an arc to the left having a radius 5.00 feet and a
long chord having a bearing of North 40 degrees 35 minutes 46 seconds West and a length of 6.52 feet to the Point of a Reverse Curve; thence
northwesterly 6.91 feet along an arc to the right having a radius 5.00 feet and a long chord having a bearing of North 41 degrees 40 minutes 45
I C seconds West and a length of 638 feet to the P.T. of said curve; thence North 00 degrees 05 minutes 21 seconds East 163.19 feet to the P.C. of a
ti curve; thence northeasterly 7.85 feet along an are to the right having a radius 5.00 feet and a long chord having a bearing of North 45 degrees 05
2 minutes 26 seconds East and a length of 7.07 feet to the P.T. of said curve; thence South 89 degrees 54 minutes 34 seconds East 8.45 feet to the P.C.
of a curve; thence northeasterly 7.85 feet along an are to the left having a radius 5.00 feet and a long chord having a bearing of North 45 degrees 05
o minutes 26 seconds East and a length of 7.07 feet to the P.T. of said curve; thence North 00 degrees 05 minutes 26 seconds East 13.00 feet; thence
c South 89 degrees 54 minutes 34 seconds East 27.00 feet; thence South 00 degrees 05 minutes 26 seconds West 13.00 feet to the P.C. of a curve;
S thence southeasterly 7.73 feet along an arc to the left having a radius 5.00 feet and a long chord having a bearing of South 44 degrees 10 minutes 12
seconds East and a length of6.98 feet to the P.T. of said curve; thence South 89 degrees 52 minutes 59 seconds East 3.63 feet to the P.C. of a curve;
thence northeasterly 7.85 feet along an arc to the left Having a radius 5.O0.feet and a long chord having a bearing of North 45 degrees 05 minutes 26
S seconds East and a length of 7.07 feet to the P.T. of said curve; thence North 00 degrees 10 minutes 11 seconds East 30.59 feet to the Point of
3. Beginning, containing 0.347 Acres, more or less.
6.:
a
8
x
m
c 8 DRAINAGE 05 ACCESS EASEMENT
DATE: 04/01/2011 SHEET NO.
AMERICAN 7 260 SHADELAND STATION
S TRUCTUREPOIIVT TEL 317.547 5 80 FAX 317.543.02 0 DRAWN BY: JNH 1 of
r INC. www.structurepolnt.com 2
6
JOB NO. 2010 -1180
DESC. FILE: 2010 -1180
I
w EXHIBIT "A"
J PAGE 2 OF 2
N89'49'49 "E 1060.12'
o
Q S00•05'26 "W
m 48.00' POINT OF
BEGINNING r. OF CARMEL
LINE TABLE S89'49'49 "E 1 INST
L1 S89'49'49'E 20.00' 69.49'
L2 S00 "W 35.56'
L3 S89'54'34 "E 18.51'
L4 N00'05'26 "E 13.00' C: C' J' 2
L5 S89'54'34 "E 27.00' L15
L6 S00'05'26 "W 13.01' C1 L19 011
L7 S00'05'26 "W 24.53'
L8 N89'50'10 "W 21.80' 11.!
L9 S00'05'26 "W 15.00' L
L10 N00'05'26 "E 15.00' c, ,63.00'
3
L11 N89'54'34 "W 17.45'
L12 NO0'05'26 "E 15.32' N89'S4'34 "W
L13 S89'54'34 "E 22.45'
L14 N00'06'50 "E 28.45' ri ro
L15 S89'54'34 "E 8.45' od
L16 N00'05'26 "E 13.00' I
L17 S89•54'34 "E 27.00' 1
L18 S00'05'26 "W. 13.00' N
L19 S89'52'59 "E 3.63' o 0
M
L20 N00'10'11 "E 30.59' o In
z P
o
o
L13
x
S8 "E 98.95' 2 o
cd
o
C o
g C6
J
J, SCALE: 1" 40'
N89'49'49 "W 152.82'
s
N
h
S
s CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH
3 01 5.00' 7.85' N45'05'26 "E 7.07'
C2 5.00' 5.57' S31'49'30 "E 5.29'
C3 5.00' 7.85' S45'05'26 "W 7.07'
i C4 5.00' 7.85' N44'54'34"W 7.07'
C5 20.00' 31.42' N45'05' 26"E 28.28'
o C6 5.00' 7.10' N40'35'46 "W 6.52'
C7 5.00' 6.91' N41'40'45 "W 6.38'
C8 5.00' 7.85' N45'05'26 "E 7.07'
s C9 5.00' 7.85' N45'05'26 "E 7.07'
a 010 5.00' 7.73' N4410'12 "E 6.98'
8 C11 5.00' 7.85' N45'05'26 "E 7.07'
4
61 DRAINAGE ACCESS EASEMENT
DATE: 04/01/11 SHEET NO.
AMERICAN 7 260 SHADELAND STATION
INDIANAPOLIS, IN 462563957 2
STRUCTUREPOINT TEL 317.547.5580 FAX 317.543.0270 DRAWN BY JNH of
I INC. www.structurepoint.com 2
8 JOB NO. 2010 -1180
DESC.t1LE: 2010 -1180