Pennsylvania/Old Meridian - Multi Use Path - Penn Circle LLC 2013060389 EASEMENTS $29.00
09/24/2013 11:49: 13A 9 PGS
at Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
SS IIIIII IIIIIIIIIIIIIIIIIIIHIII11111111 IIIIIII11111 IIIIIIIIIIIIIIIII
5, Cross Reference: Deed recorded as instrument number 2011055621 in the office of the Recorder of
Hamilton County,Indiana.
APPROVED g,s°Iea
MULTI-USE PATH AND RECREATIONAL TRAIL EASEMENT uca
This Multi-Use Path and Recreational Trail Easement (hereafter the "Easement') is
entered into by and between Penn Circle LLC, an Indiana limited liability company
('`Grantor") and the City of Carmel, Indiana, acting by and through its Board of Public
Works and Safety or its successor ("Grantee");
WITNESSETH:
WHEREAS, Grantor is the fee simple owner of certain real estate located in Hamilton
County, Indiana, and legally described in what is attached hereto and incorporated herein by
reference as Exhibit "A" (the `Burdened Property"), of which the real estate described in what
is attached hereto and incorporated herein by reference as Exhibit "B" (the "Easement
Property") is part;
WHEREAS, Grantor is desirous of granting and Grantee is desirous of acquiring this
Easement, over the Easement Property for purposes of constructing a Multi-Use Path and
Recreational Trail (defined below as "Multi-Use Path") for the use and benefit of the pedestrian
public subject to the terms and conditions set forth below; and
WHEREAS, the Multi-Use Path will be located partially within the right-of-way of Old
Meridian Street and partially upon the Easement Property, thereby necessitating this Easement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Grantor and the Grantee agree as follows:
Section 1. Preambles, Recitations and Definitions. The foregoing preambles, recitations,
and definitions are made a part of this Easement as though fully set forth in this Easement and,
further, the following words and terms, as used throughout this Easement, shall have the
following definitions:
A. Applicable Laws. The term "Applicable Laws", as used throughout this Easement,
shall mean the codes, ordinances and regulations of the City of Carmel, Indiana, as
amended from time to time and all other applicable laws, statutes, rules, ordinances,
codes and regulations.
B. Multi-Use Path. The term Multi-Use Path shall mean a public trail or path that is
used for activities including but not limited to, bicycling, exercising, walking, hiking,
rollerblading and running, on, over and across the Easement Property.
Section 2. Grant of Easement. Grantor hereby grants to Grantee this Easement, which is
appurtenant to and shall run with the Burdened Property, on, over, above and across the
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Easement Property for purposes of ingress, egress, constructing, installing, maintaining,
repairing, replacing, using and enjoying walking trails, paths, common green space, landscaping,
trail signage, drainage and drainage structures, other recreational facilities, underground
communication lines and all related facilities, equipment and appurtenances located and/or
constructed on the Easement Property (the "Recreational Facilities"). The Recreational Facilities
are for the use and benefit of the public.
Section 4. Construction, Use, Maintenance and Repair. Grantor shall be responsible, at
Grantor's cost and expense, for constructing the Multi-Use Path in accordance with plans and
specifications approved by Grantee, in a good and workmanlike and in accordance with all
applicable laws and that certain development plan amendment, Docket No. 11010010DP Amend
(the "DP Amendment"). Upon Grantor's construction of the Multi-Use Path, as required herein,
Grantee shall be responsible, at Grantee's expense, for maintaining, repairing, replacing and/or
further improving the Multi-Use Path. Grantee shall have the right to construct, install, maintain,
repair and/or replace the Recreational Facilities, as well as landscaping, trees, shrubs, other
vegetation and underground communication lines and related facilities and equipment on and
within the Easement Property. Further, Grantee shall have the right to cut down, clear, trim,
remove, and otherwise control any trees, shrubs, overhanging branches, roots, and/or other
vegetation upon, under or over the Easement Property. Grantee shall have the right to pile dirt
and other material and to operate equipment upon the surface of the Easement Property and the
adjoining land of Grantor during those times when Grantee is constructing, installing,
maintaining, repairing, replacing, relocating, adding to, modifying, or removing the Recreational
Facilities.
Section 5. Grantor's Use of the Easement Property. Grantor covenants that Grantor shall
have no right, other than with respect to the initial construction of the Multi-Use Path under
Section 4, to construct improvements, maintain any landscaping or remove any vegetation or
improvements in, under, over or on the Easement Property, without the Grantee's prior written
consent. Grantor shall not place, or permit the placement of, any obstructions which may
interfere with the exercise of the rights granted herein to Grantee or the use by the public of the
Multi-Use Path. Grantee shall have the right to remove any such obstruction at Grantor's
expense. Grantor shall not, without the prior written consent of Grantee, (a) construct or install,
or permit the construction or installation of any utility lines or equipment or any building, house,
or other above-ground structure, or portion thereof, upon the Easement Property; or (b) excavate
or place, or permit the excavation or placement of, any dirt or other material upon or below the
Easement Property.
Section 6. Easement Appurtenant. This Easement and the terms and conditions stated herein
shall be appurtenant to, imposed upon, applied to, and run with the Easement Property and shall
be binding upon and inure to the benefit of Grantor, Grantee and their respective successors and
assigns in accordance with the provisions hereof.
Section 7. Miscellaneous Provisions. The following other provisions shall apply:
A. Restoration. Following any maintenance, repair or replacement of the Multi-Use Path
or Recreational Facilities, Grantee shall restore the Easement Property surrounding
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the Multi-Use Path to the extent practicable, to the condition in which it existed
immediately prior to such construction, maintenance and repair.
B. Indemnification. Grantee shall indemnify and hold harmless Grantor from and against
any injuries, liability, losses, damages, costs or expenses (including without limitation
reasonable attorneys' fees and costs) incurred by the Grantor as a result of (i)
Grantee's maintenance, repair or use of the Recreational Facilities or (ii) the exercise
by the Grantee of the rights granted under this Easement. Notwithstanding the above,
Grantee's indemnification obligations do not include any liability, loss, claim.
damage, demand, action, cause of action, suit,judgment, proceeding, cost or expense
caused or contributed to by any negligence or misconduct of Grantor, or any ,of its
employees, contractors, agents, invitees, licensees or assigns.
C. Amendment and Termination. This Easement may be amended or released only by a
written instrument signed and recorded (i) by the then owner of the Burdened
Property 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 Burdened Property; (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 Real Estate 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 Real Estate shall amend this Easement as necessary to
accommodate the Approved Redevelopment.
D. Remedies. In the event of a breach or threatened breach of this Easement, each party
shall be entitled to all legal and equitable rights and remedies available at law or in
equity.
E. Attorney's Fees. If at any time this Easement becomes the subject of any legal action
or proceedings between the Grantor and the Grantee in or before any court, arbitrator,
mediator, or other adjudicator (whether pursuant to legal process, court order,
voluntary submission, agreement or consent), the non-prevailing party shall be
responsible for all costs and expenses incurred by the prevailing party in connection
with such action or proceedings including, but not limited to any and all court costs,
arbitration, mediation and other fees and costs, all reasonable attorney's fees. expert
witness fees, and other costs.
F. Severability. If any provision of this Easement is held to be illegal, invalid or
unenforceable under any present or future statute or judicial decision, the legality,
validity and enforceability of the remaining provisions of this Easement shall not be
affected thereby.
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G. Authority. Grantor represents and certifies that it is the fee simple owner of the
Easement Property. Grantor will warrant and defend Grantee's rights and/or title to
the Easement Property granted hereby against all claims thereon. The person
executing this instrument on behalf of Grantor 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 this Easement. Grantor will indemnify Grantee against any loss, damage or cause
of action resulting from a failure under this section.
H. Notice. In the event there is an alleged violation of the terms and conditions set forth
in this document, the non-violating party shall notify the violating party of the alleged
violation in writing via certified mail, return receipt requested. The violating party
shall have thirty (30) days from the date of receipt of such written notice to cure or
remedy the alleged violation, except in the event of an emergency for which no notice
or cure period shall be required. Notice of an alleged violation shall be forwarded to
the Grantor at the following address: 450 E. Ohio Street, Suite 304, Indianapolis,
Indiana 46204. Notice of an alleged violation shall be forwarded to the Grantee at
the following address: City Attorney, City of Carmel, Indiana, One Civic Square,
Carmel, Indiana 46032, with a copy of same being addressed to the Carmel City
Engineer and sent to the same address.
Negotiated Agreement; Construction. This instrument is the result of negotiations
between the parties, and no party shall be deemed to be the drafter of this instrument.
The language of all parts of this instrument shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against either party.
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Grantor
Penn Circle LLC, an Indiana limited liability company
By: Penn Holdings LLC,Ast>r •liana limited liability company, manager
y: /�Z1/_
add 14. tyr anager
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 "Multi-Use Path and Recreational Trail Easement" for and on behalf
of said entity.
Witness my hand and Notarial Seal this 20 day of PnA gv,ci- , 2013.
My Commission Expires: CS-k; oY C6�edJ
0 * 70110 Notary Public Q
Residing in 30VnYmn County C6scp2 L • Coo kt,I
Printed Name Q
Grantee ..,,. CASSIE County
WiRM'.
'.,..sru:, My Commission Expires
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ''?:'n a*• October 1,2016
By: A,/t7 / tC G n T
James Brainarc, yor
Date:
By:// ._l ,/
Ma ; Ann Burke, Member
Date: 21 / � � 1(150f1
n A{?
One Civic Square
Carmel,IN 46032
5
By:
Pf
Lori Watse � Member
Date: G �iQIt3
ATTEST:
��✓ lit Sian/1 sands M.Johnson„
Dian. L. Cordray, IA> , Clerk-Treasurer Deputy Clerk for
Date: Jig )
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 "MuJ,ti-Ug0' Path and
Recreational Trail Easement" on behalf of the City of Cannel, Indiana. ,' cal p !�!
Witness my hand and Notarial Seal this /A day oty6zit; 261
a Y.
Notary Public Sii g nature :4:. 4:7,, *
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4/!o,
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Notary Public - Printed a rA �As "Y ,;
Commission Expiration: !f4eh " ���///�'-S'_!'r'�N� ..•-
County of Residence: /-/i72u•T6 +�
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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, 2011 with the Recorder of Hamilton County, Indiana as instrument number
2011055623 (the"Mortgage-) executes this Multi-Use Path and Recreational Trail Easement for the sole purpose of
evidencing and memorializing its consent to this Multi-Use Path and Recreational Trail Easement and its agreement
that in the event of the foreclosure of the Mortgage, it shall not request foreclosure of the Multi-Use Path and
Recreational Trail Easement nor shall it in any such foreclosure disturb the rights established by the Multi-Use Path
and Recreational Trail Easement.
PNC Bank,National As-e ration
i
By: L,.
Printed: M c-
of'S S, J 74144 .%a
Title: 1, G.IL- lords:d.w
Date: 20/i
STATE STATE OF )
) SS:
COUNTY OF ,trier ri.y )
BEFORE ME, a Notary.Public in and for said County and State,personally appeared a ,._ ,, '•
,a aee ���
��/c/vv2f' 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.
[N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this'L', day of_
Notary Public
DIANA S.PRIEST
' HenddoksCounty My Commission Expires
:.".SEAS?s My Commission Expires
February 13,2016
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, Carmel City Attorney, One Civic Square,
Carmel, Indiana 46032.
Drawing Prepared By: KB
� G Drawing Scale: 1' = 120'
, ,S'.° .. E�; +° / \ ,. G r 0 u py Drawing Date: 2/8/2011
Land Surveyors
494 Gradle Drive Phone:317.844.3333 Q.
Carmel,IN 46032 Fax:317.844.3383 \0
www.SEAGroupLLC.com 4)
EXHIBIT OF �,°\�F
NW Car,NE/4 SUBJECT REAL ESTATE
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co \ tiA 04 / /DESCRIP710N OF SUBJECT REAL ESTATE-MINDING ALL
Z m 1e.�o / / PoCHT-OF-WAY
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/ad w ,�'G / / A part of the Northwest Walter of the Northeast Ouster of Section
0- • ^0�' / 35, Township 18 North,Range 3 East,in gray Township,Hmn9ton
/ / County, Indiana being more pa0alaly described m follow:
II : g /
Z I I ,y>� / / Commencing at the northwest corner of the Northeast Quarter of
,fib / / / Section 35,Township 18 North, Range 3 East, Hmniton County,
Indianco/ /
(assumed thence North 88 degree 35 minutes 59 seconds East
/ (assumed bearng)on the north line of said Northeast Quarter 41.00
544'54'32' / feet to a point on the east line of the right-of-way dwrrbed in
391re - ;158°012(7'E Instrument No. 1999-9959388 n the Office of the Recorder of
51 3745'0E 3 / 42.85 Hamlton County,Indiana,said point also being the Pont of
I �.y.. / Banning of the herein desvbed red estate: thence the fdlowng
1 .s.,/ sh calls on the easterly fees of said right-of-way 1.)South CO
1 I ,\.'g1"/ // degrees 14 minutes 48 seconds East 0.91 feet: 2.)South 00
/ / degrees 11 minutes 41 seconds East 86.25 feet to the point of
1 / / curvature of a curve haling a radius of 3864.72 feet,the radius
Pont of which bean South 89 degrees 48 minutes 19 seconds West;
/ 3.)southerly on said one m arc distance of 202.35 feel; 4.)
// Ssauth 02 degrees 48 mnutes 19 seconds West 2915 feet to the
point of curvature of o erne haling a radius of 3774.72 feet,the
radius point of which bean South 87 degrees 11 minutes 41
/ seconds East; 5.)southerly on said ant an ore delermce of 197.64
/ feet; 6.)South 00 decrees 11 minutes 41 seconds East 189.32 feet
/ to a point on the right-of-way deso±ed in Instrument No.
2003-117246; thence the following five cells on the perimeter of
said right-af-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 scads East 42.65
fees: 4.)North 35 decrees 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
padld with said=talkie 639.61 feet to a point berg 75 feet
Property Location: southwesterly of the centerline of Cannel Drive thence North 54
PENN CIRCLE degrees 41 minutes 10 seconds West on a line 75 feet
Pt.NE/4 Sec.35-T18N-R3E,Clay southwesterly of and mdld with said centerline 44.65 feet to a
Township,Hamilton County,Indiana Y P
_IL point on the north line of said Northeast Gunder, thence South 88
Project Number: C10-5622 degrees 35 minutes 59 seconds West on sad north line 577.10 feet
Page Number 1 of 1 to the Point of Beginning,containing 6.23 acres,more or less ''
L EXHIBIT A
Drawing Prepared By: KB
A tit. Drawing Scale: 1" = 60'
.b _N � ".`ep\ G r u py Drawing Date: 1/19/2012
Land Surveyors \ e4
494 Gradle Drive Phone:317.844.3333 Rtif
Carmel,IN 46032 Fax:317.844.3383 line 6 75'Southwesterly �Ca�
www.SEAGroupLLC.com of centerline of Camel Crier 1/F
A — — N 88'35'59" E 618.10' • $y•
—
1NW Cor, NE//4 '7S. >10•
Sec. 35-T19N-R3E actin line, NE/4 Sec. 35-T18N-R3E Point of 01 e"
Beginning 1111 .�
EXHIBIT FOR MULTI-USE 111111
PATH EASEMENT ill
Multi-use path Esmt. +1 1 /
2,683± Sq. Ft. , 111
0.062± Acres II /
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IIII# / MULTI-USE PAN EASEMENT/l
0 A Multi-use Path Easement aver under and Gaols a pat of the Northwest
III / Quarter of the Northeast Quarter of Section 35, Township 18 North, Range 3 East,
III / in Cloy Tawnshq, Hamitan County,Indiana,being more particularly deserted as
I
11 follows
111 Commencing at the northwest cane of the Northeast Quarter of Section 35,
1I / Township 18 North,Range 3 East,Hamiton County,Indiana; thence North 88
IIII / degrees 35 minutes 59 seconds East(assumed hearing)on the north Inc of said
0 Quarter 618.10 feet to a point on a line whin i 75 feet southwesterly of the
1I centerline of Carmel Dive; them South 54 degrees 11 minutes 10 seconds East
1011 / en said lire 10.15 fat to the Point of Beginning of the herein deserted Easement
1 thence continuing South 54 degrees 41 minutes 10 seconds East on said line 4.50
10 feet to a point on the 50 foot northwesterly right-of-way the of Old Meeldion
r001 5 42'33'11' `9 13.99' Street thence South 35 degrees 21 minutes 15 seconds West on said right-of-way
I'ne 639.61 feet to the northernmost caner of the right-of-way deserted in
/ Instrument No. 2003-117246 in the Office of the Recorder of Haniton County,
Indiana; thence South 42 degrees 33 minutes 11 seconds West on the westerly line
N 54'42'19" 2.00' / of said Instrument a distance of 13.99 feet; thence North 54 degrees 42 minutes
19 seconds West 2.00 feet thence North 35 degrees 17 minutes 22 seconds East
` RIGHT O WAY / 653.49 feet to the Point of Beginning containing 2,683 squaw feet,mare a less
INST.NO.200300117246
/ / Property Location:
/ PENN CIRCLE
/ PL NE/4 ENNTRCN-R3E,Clay
Township.Hamilton County,Indiana
Project Number:Cl 0-5622
Page Number 1 of 1
L A
EXHIBIT B