Pennsylvania/Old Meridian - Penn Circle LLC 2013060388 EASEMENTS $27.00
(� 09/24/2013 11:49: 13A 8 P65
Mary L. Clark
()"V Mary County Recorder IN
(5) Recorded as Presented
dillAINUMMWAIIMMIUMHIE
4" Cross Reference to Prior Deed of Record: Instrument number 2011055621, in the Hamilton
County, Indiana Recorder's Office. ¢`�O o
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APPROVED 6gD DRAINAGE DC
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is made and entered into this If day of
, 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 Grantee'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 easements 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 over, under, through, across and upon the Permanent Easement
Parcel for the purposes of (i) drainage over, under, across, upon and through the Permanent
Easement Parcel and (ii) the installation, repair and maintenance of the Drainage Improvements.
2. Obligations of Grantee. Grantee, at its expense, (i) shall maintain and repair the
Drainage Improvements and, (ii) with reasonable promptness following the installation, repair or
maintenance of the Drainage Improvements, shall restore the Permanent Easement Parcel, to the
extent practicable, to the condition as existed prior to such installation, repair or maintenance of
the Drainage Improvements.
3. 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 hot 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. 110100IODP
1
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.
4. Obligations of Grantor. 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 3). 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, 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.
5. 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).
6. 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.
7. 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.
8. 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
2
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
Carmel, Indiana or its successor and the then owner of the Grantor Parcel shall amend this
Easement as necessary to accommodate the Approved Redevelopment.
9. 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 natter hereof
10. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
11. 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
Carmel, 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.
12. 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.
13. 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
3
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.
GRANTOR
Penn Circle LLC
By: Penn Holdings LL ,I diana limited liability company, manager
.. Mil -r, manager
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 2_01' day of (}it41t{-}- , 2013.
My Commission Expires: 04-Ai Y.
b0-obn- It 2o1(0 Notary Public
Residing in JotkriSom-, County COLS;e. L . Coolei
Printed Name
'M� %•••. CASSIE L.COOLEY
g• Johnson County
.tarwrv: :
% ...,ssi:.i My Commission Spires
"� :^,l°` October 1,2016
It:ACity of(tanneWPenn CircleA Drainage Easement I (OfiSite).v4
n kv. Saato j* ■nsUn
One Civic Square
Carmel, IN 46032
4
GRANTEE
CITY OF��C��ARMEL BOARD OF PUBLIC WORKS & SAFETY
By: /VO/ �es n 1-
James Brainard, Mayor
Date: 91Y /
By:)2/ "S
Mar Ann Burke, Member
Date: 9. 4 g —li
By: ('Th
Lori on, Member
Date: 9/ .43
/i3
ATTEST: \)
teki fici y'/ Sandra M.Johnson,
Del na L. Cordray, [Ai/C, Clerk-Treasurer Deputy Clerk for
Date: 9-4/3
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
the City of Carmel, who acknowledged the execution of the foregoing "Drainage Easement
Agreement" on behalf of the City of Carmel, Indiana.
o T
Witness my hand and Notarial Seal this /0 day of• , 013.
d• „II
aw_c
Notary Public Signature
Notary Public - Printed . -
Commission Expiration: $//�/�� /7
County of Residence: f/9in/.(.rd,
5
•
MORTGAGEE'S CONSENT
This is to certify that, for value received, PNC Bank, National Association, a national banking
association (the "Mortgagee"), the holder of that certain Mortgage and Security Agreement
executed by Grantor, dated October 28, 2011, and recorded November 2, 201 lwith the Recorder
of Hamilton County. Indiana as instrument number 201 1055623 (the "Mortgage") executes this
Drainage Easement Agreement for the sole purpose of evidencing and memorializing its consent
to the foregoing Drainage Easement Agreement and its agreement that in the event of the
foreclosure of the Mortgage, it shall not request foreclosure of the Drainage Easement
Agreement nor shall it in any such foreclosure disturb the rights established by the Drainage
Easement Agreement.
PNC Bank, Na .
By: � �s� ��^
Printed: /�p,K�tS £ J; Alc-J
Title: ‘22e S: J1.+• '
Date: - � - 2o13
STATE OF .1AjD/4 q )
) SS:
COUNTY OF /914-€/eAt )
BEFORE ME, a Notary Public in and for said County and State, personally appeared
7 opnrestS S�/v> LP (,irzi9l-cedenf of PNC Bank, National Association, a
national banking association, and acknowledged the execution of the foregoing Mortgagee's
Consent for and on behalf of said entity.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
this ay of -SZ'e,necr
DIANA S.PRIEST XL-.CCLL,'<t/.
;$ `-_ Hendricks County
Notary Public
=,ys�:�; MY Commission Expires
February 13,2016 My Commission Expires
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
Instrument prepared by and return to: Douglas C. Haney, Cannel City Attorney, One Civic Square,
Cannel, Indiana 46032.
6
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Drawing Prepared By: KB
Drawing Scale: 1' = 120'
mks E• Group Drawing Date: 2/8/2011
Land Si rvey0rs
494 Gradle Drive Phone:317.844.3333 `Cz
Carmel,IN 46032 Fax:317.844.3383 C
www.SEAGroupLLC.com n" q7Q��`
EXHIBIT OF �,°R/`,
NWCor,NE/4 SUBJECT REAL ESTATE N
Set 35-TiBN-R h 88°35'59°E
41.00' .St of Beginning --
/.` \ S 88'35'59°W 577.10'
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S 00.14'48'E North line, NE/4 Sec. 35-T18N-R3E N 54'41'10°W7
0.91' 44.65' /
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589•saF119•W 86.25 SO /
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J' I r Subject Parcel 4 g
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Z m b.o0't. // /DESCRIP71ON OF SUB.ECT REAL ESTATE-EXCLUDING All
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/ RIGHT-Of-WAy
W w ,5'6 / / A part of the Northwest Quarter of the Northeast Quarter of Section
d a ei' 35,Tamship 18 North,Range 3 East n pay Township,Hamitm
I . / / /
County,Indiana,berg more parikulaly described as follows:
/
Z I I h etiAy / / Commencing of the northwest corner of the Northeast Quarter of
Ay / / / Section 35, Township 18 North,Range 3 East, Hanitan County,
2 / Indiana; thence North 88 degrees 35 minutes 59 seconds East
In e // (assumed bearing)on the oath line of said Northeast Ouader 41.00
S 44°54'32° / feet to a poet on the east line of the right-of-way described n
39!10' 58°01/7°E Instumeet No. 1999-9959388 n the Office of the Recorder of
S�53 40"
70 +`P4�/ 42.65' Hamiton County, Indiana,said point also being the Pont of
/ Beginning of the heron described red estate, thence the'Mowing
1 I ,1�,8M/ / sir cells on the easterly Ines of said right-of-way 1.)South 00
a2 w/ / / degrees 11 minutes 418 seconds East 86.25 fret to the point of
/ curvature of a arve having a radius of 3864.72 feet the rodws
/ /
point of which bears South 89 degrees 48 minutes 19 seconds West
/ 3.)southerly on said one on at distance of 20235 feet 4.)
I // South 02 degrees 48 minutes 19 seconds West 29.25 feet to the
/ point of curvature of a curve hamg a radius of 3774.72 feet the
radius point of whidi bass South 87 degrees 11 minutes 41
1 / seconds East 5.)southerly m said o a
curve an c dlstmee of 197.64
1 / feet; 6.)South 00 degrees II minutes 41 seconds East 189.32 feet
/ to a point on the right-of-way described if Instrument No.
2003-117248; thence the following five calls on the peineter of
said right-of-way. 1.)South 44 degrees 54 minutes 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 degas 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
padlel with said entepne 639.61 feet to a point being 75 fret
rty
Prope Location: I southwesterly of the centerline of Camel Drhe thence North 54
PENN CIRCLE degrees 41 minutes 10 seconds West on a line 75 feet
PL NEJ4 Sec.35-T1eNR3E,Clay southwesterly of and pedld with said centerline 44.65 feet to a
Twm.nlP,Hamilton County,Indiana point on the north line of said Northeast Ouster, thence South 88
Project Number: C10-5622 degrees 35 minutes 59 seconds West on said north line 577.10 feet
Page Number 1 of 1 to the Point of Beginning, containing 6.23 acres,more or less.
L j
EXHIBIT A
Drawing Prepared By: KB
a tk Group Drawing Scale: 1" = 10'
AS . �'wt Drawing Date: 11/4/2011
Land Surveyors
494 Gradle Drive Phone:317.844.3333
Carmel,IN 46032 Fax:317.844.3383
www.SEAGroupLLC.com
EXHIBIT FOR OFF-SITE STORM SEWER EASEMENT
Point of
North line, NE/4 Sec. 35-T18N-R3E Beginning N 8 E
zta
dh .
N 881.559"E 41.00 F, a* sx'ay
\\ N 001418
`NW Cot, NE/4 091 va
Sec. 35-T18N R3E 2:0" ' ' •
,,-4-'h.
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> RIGHT OF WAY
} I INST.NO.199909959388 ly
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A Storm Sewer Easement over, under, and across a part of the Northwest Quarter of the 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 41.00 feet to the Point of Beginning of the herein described Easement, said
point also being on the east right-of-way line of Pennsylvania Street as recorded in Instrument No.
1999-9959388 in the Office of the Recorder of Hamilton County, Indiana; thence continuing North 88
degrees 35 minutes 59 seconds East on said north line 12.18 feet; thence South 30 degrees 07 minutes 17
seconds West 24.13 feet to a point on said right-of-way line; thence the following two calls on said
right-ot-way. 1.) North 00 degrees 11 minutes 43 seconds West 19.66 feet; 2.) North 00 degrees 14
minutes 48 seconds West 0.91 feet to the Point of Beginning, containing 125 square feet, more or less.
Property Location:
PENN CIRCLE
PL NEi Sec.35-T13NAZE.Clay Township,
rvamlmn County.Indiana
Project Number: Cl 0-5622
Page Number 1 of 1
EXHIBIT 2