Old Meridian - Penn Circle LLC 2013060387 EASEMENTS $27.00
09/24/2013 11:49:13A 8 PGS
010' Mary L. Clark e44,t
HAMILTON County Recorder IN
Recorded as Presented DAN
Iftt!E IIIII(IIIIIIIlit ii(H((IIIIIIit IIIIillllllllllllll1I IIl
�y�' Cross Reference to Prior Deed of Record: Instrument number 2011055621, in the Hamilton
\p County, Indiana Recorder's Office.
APPROVED GnD DRAINAGE
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is made and entered into this //cf day of
aphtm/2c2 , 2013 by and between Penn Circle LLC, an Indiana limited liability
company, ("Grantor") and the City of Carmel, Indiana by and through its Board of Public
Works & Safety ("Grantee").
RECITALS
A. Grantor owns certain real property located in Hamilton County, Indiana, which is more
particularly described in what is attached hereto and incorporated herein by reference as Exhibit
A (the "Grantor Parcel") and which is a part of the real estate conveyed by the deed identified in
the cross-reference above.
B. Grantee, in connection with Grantor's installation of underground pipes and drainage
infrastructure, including, but not limited, to inflow and outflow pipes, outflow control structure,
conduit and related equipment(collectively the "Drainage Improvements"), requires a permanent
drainage easement over a portion of the Grantor Parcel, which permanent drainage easement area
is more particularly described in what is attached hereto and incorporated herein by reference as
Exhibit B (the "Permanent Easement Parcel").
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of casements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an
exclusive, perpetual easement under and through the Permanent Easement Parcel for the
purposes of drainage under and through the Drainage Improvements.
2. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees,
heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the
right to use the Permanent Easement Parcel for any and all purposes and uses not inconsistent
with this Agreement and Grantee's rights and privileges hereunder and to install improvements
specifically allowed by that certain development plan amendment, Docket No. 110100 IODP
Amend (the "DP Amendment") including a parking lot or a portion thereof consisting of asphalt
paving, concrete, curbing and landscaping, all in accordance with the DP Amendment.
3. Obligations of Grantor. Grantor, at its expense, shall maintain and repair the
Drainage Improvements. Grantor shall keep the Permanent Easement Parcel free of any fence,
structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by
Grantee or allowed under Section 2). Grantor shall mow and care for the grass located within the
Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris, silt,
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weeds, refuse and any other obstructions. Grantor shall maintain, repair, replace, and service all
roadside ditches or swales and all driveway, walkway or similar culverts located within the
Permanent Easement Parcel. Grantor shall not block, impede or interfere with the Drainage
Improvements or Grantee's access thereto.
4. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with the benefits and privileges thereof, shall run with and bind the Grantor
Parcel, shall inure to the benefit of Grantee and its grantees, successors and assigns and shall
bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants, which touch and concern the Permanent Easement Parcel and the Grantor
Parcel, as applicable, shall run with the Permanent Easement Parcel and the Grantor Parcel, and
shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their
respective grantees, successors and assigns. All covenants and agreements hereunder 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).
5. Environmental Matters. The Grantor covenants and represents that to its actual
knowledge, the Grantor Parcel 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. The Grantor agrees that between the Grantor and the Grantee, the acceptance of this
Agreement by the Grantee shall not increase the liability of the Grantee for environmentally
related claims arising from or related to (i) conditions on the Grantor Parcel prior to the
acceptance of this Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on
the Grantor Parcel not created by Grantee. Grantor shall cooperate with Grantee in complying
with any and all applicable federal, state or local requirements for drainage and/or storm water.
6. Jurisdiction. The Grantor and the Grantor agree that any litigation associated with
or arising from this Agreement shall be filed with a court of competent jurisdiction within the
State of Indiana.
7. Amendment. This Agreement may be amended or released only by a written
instrument signed and recorded (i) by the then owner of the Grantor Parcel and Grantee, by and
through the Board of Public Works & Safety of Carmel, Indiana or its successor, which acting as
aforesaid in conjunction with the then owner of the Grantor Parcel, shall have authority to amend
or release this Agreement; (ii) by an order of a court of competent jurisdiction; or (iii) otherwise
in accordance with or as may be required by applicable laws. In the event that the Grantor Parcel
is later redeveloped, upon receipt of all necessary municipal approvals, consents and permits for
such redevelopment (including, but not limited to, the consent of the City of Carmel's
Department of Engineering and Department of Community Services) (the "Approved
Redevelopment"), then the Grantee, by and through the Board of Public Works & Safety of
Cannel, Indiana or its successor and the then owner of the Grantor Parcel shall amend this
Easement as necessary to accommodate the Approved Redevelopment.
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•
8. Complete Understanding. The Grantor and the Grantee agree that this
Agreement, and the documents incorporated herein, represent the entire understanding between
the Grantor and the Grantee as regards the subject matter hereof.
9. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
10. Notice. All notices under this Agreement to the respective parties shall be made
in writing and shall be served by prepaid registered or certified mail, addressed to the respective
parties as follows:
If to Grantor: Penn Circle LLC
450 E. Ohio Street, Suite 304
Indianapolis, IN 46204
If to Grantee: City of Carmel
One Civic Square
Carmel, IN 46032
Attn: Carmel City Attorney
With a Copy to: City of Carmel
One Civic Square
Cannel, IN 46032
Attn: City Engineer
Any such notice will be effective three days after the notice has been deposited in the United
States mail, as provided above, or if earlier upon receipt.
I L Severability. If any term, covenant, condition or provision of this Agreement or
the application thereof to any person or circumstance, shall at any time or to any extent be held
invalid or unenforceable, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other that those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each such term, covenant, condition and
provision of this Agreement shall continue to be valid, binding and enforceable to the fullest
extent permitted by law.
12. Authority. The person executing this Agreement on behalf of Grantor hereby
represents and warrants that he has the authority to bind Grantor to the terms and conditions set
forth herein, that all necessary action therefore has been taken and that Grantor has obtained all
necessary consents and approvals of any mortgagee or other third party required for the granting
of the Drainage Easement over the Permanent Easement Parcel. Grantor will indemnify Grantee
against any loss, damage or cause of action from a failure under this Section 13.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
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GRANTOR
Penn Circle LLC
By: Penn Holdings LL ndiana limited liability company, manager
t_
r•• 'i . . 1- , manage/
Dat-: 8/20A3
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Tadd
M. Miller, manager of Penn Circle LLC, manager of Penn Holdings LLC, and acknowledged
execution of the foregoing"Drainage Easement Agreement" for and on behalf of said entity.
Witness my hand and Notarial Seal this 20-0' day ppoff� ( ot. u34- ,2013.
My Commission Expires: (J�"ALD �• caei
OCA-019ei 1 201 l, Notary Public
Residing in W4VIncSon County (`A,SS1e L. Goolel
Printed Name JJ
€'�. CASSIE L.COOLEY
;=a *.�`."-- Johnson County
,,...SEAL 4,1 My Commission Expires
14',::F""' October 1,2016
-
One Civic Square
Carmel, IN 46032
Return to: Sandy Johnson—City of Carmel
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GRANTEE
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
CAj
By: iw/ / ' -
James Brai .rd, Mayor`rd
Date: J-1d
By: A /�
ary g nn Burke, Member
Date: / —18 --1.3
By:
L' ri atson, Member
Date: 1/8 /13
ATTEST:
Sandra M.Johnson,
�a 7-1 4 _ Deputy Clerk for
Dian L. Cordray, IAQ' •, Clerk-Treasurer
Date: r 'ii 13
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
Mayor James Brainard, Mary Ann Burke and Lori Watson, by me known to be the Members of
the City of Camel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasurer of
�_r.:a3 an.a.2�
the City of Carmel, who acknowledged the execution of the foregoing "Drainage,,Easetnertny,,,.
Agreement" on behalf of the City of Carmel, Indiana. N' PO °''
Witness my hand and Notarial Seal this I 0 day of 13s ,e .` cl.` ` 3 �':/0 .-
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Notary Public Signature t ;�., : .■-
(7. 44)4) c4 vr,5',.• i,
Notary Public - Printed 4jF v tuft I a` .
Commission Expiration: //c //2 k 'an1.1,11%XI " '',{k
County of Residence: //4i� c lM/ .:t;t n ,+i '
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MORTGAGEE'S CONSENT
This is to certify that, for value received, PNC Bank, National Association, a national banking
association (the "Mortgagee"), the holder of that certain Mortgage and Security Agreement
executed by Grantor, dated October 28, 2011, and recorded November 2, 201 lwith the Recorder
of Hamilton County, Indiana as instrument number 2011055623 (the "Mortgage") executes this
Drainage Easement Agreement for the sole purpose of evidencing and memorializing its consent
to the foregoing Drainage Easement Agreement and its agreement that in the event of the
foreclosure of the Mortgage, it shall not request foreclosure of the Drainage Easement
Agreement nor shall it in any such foreclosure disturb the rights established by the Drainage
Easement Agreement.
PNC Bank, Natio•, Association
IMP
By: -' ____
Printed: 7 -Ater s S. a(.V'-3 CS-
Title: att. >/tJ : •-• •r
Date: c� S" Zme3
STATE OF ,t.tf.4,U, )
) SS:
COUNTY OF JY7L1K='cflU )
BEFORE ME, a Notary Public in and for said County and State, personally appeared
7h0maS,S .si/vac'S7 a cI re..), -es'.iokryf- of PNC Bank, National Association, a
national banking association, and acknowledged the execution of the foregoing Mortgagee's
Consent for and on behalf of said entity.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
this 3$day of 2yi4' i/ir r , -2[7{5" ..�a /1
; `4ii'F tF., DIANA S.PRIEST "�-�'�""�-�� °- �v�'�'� t-
b* :, HenddcksCounry I Notary Public
�a._ r My Commission Expires Jf M Commission Ex fires
? i".'•'••' February 13,2016 My p
Pursuant to IC 36-2-I1-15(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
Instrument prepared by and return to: Douglas C. Haney, Carmel City Attorney, One Civic Square,
Carmel, Indiana 46032.
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Drawing Prepared By: KB
Drawing Scale: 1' = 120'
sIi.�Cr lis °. �`' ?� s /' r O u py Drawing Date: 2/8/2011
Land Surveyors
494 Gradle Drive Phone:317.844.3333 Ci./
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Carmel,IN 46032 Fax:317.844.3383 �0
www.SEEAGroupLLC.com 45 2/✓�
EXHIBIT OF ,-in,
NW�,NEi4 SUBJECT REAL ESTATE N
set 75-n8N_R N 88°35'59•E
144.00' Dint of Beginning ——
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s00°14'48"E �ryorth line, NE/4 Sec. 35-T1BN-R3E Nsa°ar10•
0.91' 44.65'5'
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(0 \ ti�¢4 / /DESCRIPTION OF SUBLECi RIAI ESTATE-IXCWDING ALL
Z I m > °' / / RIGHT-[f-WAY
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w w �� / / A part of the Northwest Quarter of the Northeast Quarter of Section
d ( I a 0^. 35, Township 18 North,Range 3 East in pay Township,Hamitan
I ; 447
/ / / County,Indiana,being mare particularly described as follows
Z 1 I ° b� / Commencing at the northwest comer of the Northeast Quirter of
I t/° 4, / / / Section 35,Township 18 North,Range 3 East, Haniton County,
l 2 / / Indiana; thence North 88 degrees 35 minutes 59 seconds East
/ (aswmed bearin m the north I''me of said Natheasl Quader 41.00
S 44'54'32' / fat to a poet Ong) the east Ins of the nghl-of-way deeated n
3910¢' 58°ot�'E
Instrument No 1999-9959388 n the Office of the Recorder of
S 15,37 S0'£ 3^ 42.65', Hamiton County,Indiana,said point also being the Point of
o y Believing of the herein deserted red estate; thence the fdlowng
I ,¢ P/ sin cells on the easterly fines of said right-of-way. 1.)South 00
1 I \a1. / degrees 14 minutes 48 seconds East 0.91 feet 2)Sad 00
g" / / / degrees 11 minutes 41 seconds East 86.25 feet to the point of
I / curvature of a cane having a radius of 3864.72 feet the radius
/ / point of shish bears South 89 degrees 48 minutes 19 seconds West
1 / 3.)southerly on said auw m ac Balance of 20235 feet; 4.)
I / South 02 degrees 48 minutes 19 seconds West 29.25 feet to the
/ point of curvature of a erne honing a radius of 3774.72 feel, the
melts pant of which bass South 87 degrees 11 minutes 41
I / seconds East; 5.)southerly on said cane an arc distmce of 197.64
I / f«4 6.)South 00 degrees 11 minutes 41 seconds East 189.32 feet
/ to a point on the right-of-way deserted in Instrument No.
2003-117246; thence the following five cdls on the perimeter of
said right-of-way. 1.)South 44 degrees 54 mnutes 32 seconds
East 39.02 feet 2.)South 75 degrees 37 minutes 40 seconds East
45.70 feet 3.)North 58 degrees 01 minutes 47 seconds East 4265
feet; 4.)North 35 dopes 24 minutes 35 seconds East 167.32 feet
5.)North 42 degrees 33 minutes 11 seconds East 70.87 feet to a
point being 50 feet northwest of the centerline of Old Meridian
Street thence North 35 degrees 21 minutes 15 seconds East
sordid with said centerline 639.61 feet to a point being 75 feet
Property Location: southwesterly of the centerline of Carmel CMG thence North 54
PENN CIRCLE degrees 41 minutes 10 seconds West on a fine 75 feet
PL N014 Sac.35-710N R3E,Clay southwesterly of and padlel with said centerline 44.65 feet to a
Township,Hamilton County,Indiana
Pont m the north Me of said Northeast Quarter, thence South 88
Project Number:C10-5622 degrees 35 minutes 59 seconds West on said north rile 577.10 feet
Page Number 1 of 1 to the Point of Beginn; containing 6.23 acres,more or less
L EXHIBIT A f
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Drawing Prepared By: TMC
S' G r O u P. Drawing Scale: = 20'
H 1 Drawing Date: 2/18/2013
Land Surveyors
494 Cradle Drive Phone:317.844.3333
Cannel,IN 46032 Fax:317.844.3383
www.SEAGroupLLC.com N 88'35'59'E
P0�30.01'---,
A � N 88'35'59" E 394.6
/ N or th line, NE/4 Sec. 35-TI BN-R3E
NW Car, NE/4
Sec. 35-T1BN-R3E
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EXHIBIT FOR I
DRAINAGE EASEMENT —,
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30' DRAINAGE EASEMENT O
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A 30' wide Drainage Easement over, under, and across a part of the Northwest Quarter of the /I
Northeast Quarter of Section 35, Township 18 North, Range 3 East, in Clay Township, Hamilton /
County, Indiana, being more particularly described as follows:
Commencing at the northwest corner of the Northeast Quarter of Section 35, Township 18
North, Range 3 East, Hamilton County, Indiana; thence North 88 degrees 35 minutes 59
seconds East (assumed bearing) on the north line of said Quarter 394.65 feet to the Point of
Beginning of the herein described Easement; thence continuing North 88 degrees 35 minutes
59 seconds East on said north line 30.01 feet; thence South 00 degrees 00 minutes 00
seconds East 184.55 feet; thence South 55 degrees 12 minutes 52 seconds East 85.96 feet
to the northwest line of the WR Rettig Regulated Drain; thence South 34 degrees 55 minutes
59 seconds West along said line a distance at 23.97 feet, thence contiuing along said line
South 34 degrees 24 minutes 46 seconds West a distance of 6.03 feet; thence North 55
degrees 12 minutes 52 seconds West a distance of 101.63 feet; thence North 00 degrees 00
minutes 00 seconds West 199.51 feet to the Point of Beginning, containing 0.197 acres, more
or less.
Procerty Location:
PENN CIRCLE
Pt.NE/4 Sec.35-T18N-R3E,Clay
Township,Hamilton County,Indiana
Project Number C10-5622
Page Number 1 of 1
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EXHIBIT B