Pennsylvania/Old Meridian - Storm Water Easement - Penn Circle LLC 2013060390 EASEMENTS $31.00
09/24/2013 11:49: 13A 10 PGS
Mary L. Clark
cHAMILTON County Recorder IN
m Recorded as Presented
111111 111111!!III IIIII11111IIIII IIll!I!III iri i 1111111111IIIII11111111
��Y Cross Reference to Deed: Instrument number 2011055621 recorded with the Recorder of
Hamilt�oon County, Indiana
NT APPR(''tif):.lJ O E PERPETUAL STORM WATER QUALITY MANAGEMENT EASEM eN7bn�Q
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This easement (the "Easement`) is by and between Penn Circle LLC, an Indiana !united
liability company ("Grantor") and the City of Carmel, Indiana ("City"), by and through its
Board of Public Works & Safety ("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:
WHEREAS, Grantor is the Owner of certain real estate legally described in what is attached
hereto and incorporated herein by reference as Exhibit "A"(the "Real Estate"), which is part of the
real estate conveyed by the deed identified in the Cross Reference above;
WHEREAS, an apartment community (the "Community") has been or will be constructed
on the Real Estate and, in connection with the construction, development and operation of the
Community, 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 I. 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 Exhibits "B-l" and "B-2" in two parts (the "Easement
Area"). Grantor also grants Grantee the right to access the Easement Area from and across the
Real Estate.
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 Real Estate for access to the Easement Area and upon the Easement Area for purposes
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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.
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. 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 8. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with the benefits and privileges thereof, shall run with and bind the Real Estate,
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 Easement Area and the Real Estate, as applicable, shall
run with the Easement Area and the Real Estate, 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).
2
Section 9. Environmental Matters. The Grantor covenants and represents that to its actual
knowledge, the Real Estate 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 Easement 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 Easement;
(ii) acts of Grantor or any other third party; or (iii) conditions on the Real Estate 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.
Section 10. Jurisdiction. The Grantor and the Grantor agree that any litigation associated with
or arising from this Easement shall be tiled with a court of competent jurisdiction within the
State of Indiana.
Section 11. Amendment. This Easement may be amended or released only by a written
instrument signed and recorded (i) by the then owner of the Real Estate 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 Real Estate, shall have authority to amend or
release this Easement; (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.
Section 12. Complete Understanding. The Grantor and the Grantee agree that this Easement,
and the documents incorporated herein, represent the entire understanding between the Grantor
and the Grantee as regards the subject matter hereof.
Section 13. Governing Law. This Easement shall be governed by, and construed in accordance
with, the laws of the State of Indiana.
Section 14. Notice. All notices under this Easement 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
3
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.
Section 15. Severability. If any term, covenant, condition or provision of this Easement 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 Easement, 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 Easement shall continue to be valid, binding and enforceable to the fullest
extent permitted by law.
Section 16. Authority. The person executing this Easement 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 this Easement. Grantor will indemnify Grantee against any loss, damage or cause of action
from a failure under this Section 16.
GRANTOR
Penn Circle LLC, an Indiana limited liability
company
By: Penn Holdings L an Indiana limited
liability company, "", Is
at
Tad1 1. NC(r, manager
Date: 64
4
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 Holdings LLC, manager of Penn Circle LLC, and acknowledged
execution of the foregoing "Grant of Perpetual Storm Water Quality Management Easement" for
and on behalf of said entity.
Witness my hand and Notarial Seal this 203 day of guyLAs , 2013.
,�Shc
My Commission Expires: i aSe 0
0({0(99{ I , 7 OI L Notary
+ Public 0
Residing in 30 ,11\ County CasS1e L. Coot.(
Printed Name J
40 CASSIE I. COOLEY
/'�' s e Johnson County
GRANTEE ;a . MyComMssion6y as
'4'N"0' October1,2016
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY//
James Brainard, Mayor ai
Date: 1 -ay3
)71 arVtLALI
Mary Burke, Member
Date: // / —1 R 43
Lon; .,I on, Member
Date: ?Agf3
ATTEST: Sandra M.Johnson,
04/ IP Deputy Clerk for
iana L. Cordray, MC, Clerk-Treasurer
Date: J1O73
5
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 "Grant of Perpetual Storm
Water Quality Management Easement" on behalf of the City of Carmel, Indiana.
9 ti-
Witness my hand and Notarial Seal this f p day of 013.
•
0. 4--:,/„.) ,.
Notary Public Signature
C , 4////1/ o41//rS
/ Notary Public - Printed
Commission Expiration: 4'//cW/ 7
County of Residence: //47,2)4704/
One Civic Square
Carmel,IN 46032
Return to: Sandy Johnson—City of Carmel
6
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 (with the Recorder
of Hamilton County, Indiana as instrument number 201 1055623 (the "Mortgage") executes this
Grant of Perpetual Storm Water Quality Management Easement for the sole purpose of
evidencing and memorializing its consent to this Grant of Perpetual Storm Water Quality
Management Easement and its agreement that in the event of the foreclosure of the Mortgage, it
shall not request foreclosure of the Grant of Perpetual Storm Water Quality Management
Easement nor shall it in any such foreclosure disturb the rights established by the Grant of
Perpetual Storm Water Quality Management Easement.
PNC Bank, Natio . Association •
By: _ /__ �'fl'/
Printed: —i t ,Gt R'] S. S/:/n!•3 TL
Title: ((A CAC. 7/e S S 04"e
Date: /- / - 20/.?
STATE OF .Lena y - )
) SS:
COUNTY OF nine-MA/ )
BEFORE ME. .,Notary Public in and for said County and State, personally appeared
i27on. Q$S .S;/vtacYC 0/ee i 1 7-7s-i epk- 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*day of Sille;riter .^fin
1. •••s. DIANA S.PRIEST
��� t ��/��,eH
si ,
z;wri _ RommiksCounty
Notar Public
:;;sue,:; My Commission Expires Y
*-�« * 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, Carmel, Indiana 46032
7
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Drawing Prepared By: KB
it Drawing Scale: 1' = 120'
4,,,,,\. � ., <, �. G r O LI Drawing Date: 2/6/2011
Land Surveyors
494 Cradle Drive Phone:317.844.3333 Cif
Carmel,IN 46032 Fax:317.844.3383 C
www.SEAGroupLLC.com �h Atil,
EXHIBIT OF �,�1F
NWCor, NE/4 Nee°35,59. SUBJECT REAL ESTATE
Sec 35-118th-R 14n oo'
'ant of Beginning -- /
r" S 88°35'59'W 577.10'
S 00114'49"E �Norih line, NE/4 Sec. 35-118N-R3E N 54°4140'W�
0.91' 44.6s'
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J Subject Parcel 44".
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Willi 6.23 acres, ± _6 //÷ /
i I S 02 148'19'W ti / /
29.25' h N.
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Co .. I A• 4,S / /DESCRIPTION OF SUBJECT REAL ESTATE-EXCLUDING ALL
z 2.wti^°. / / RIGHT-OF-WAY
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W A�w / / A part of the Northwest Carta of the Northeast Carter of Section
CL I < ems'/ / / 35, Tomshp 18 North,Range 3 East in Clay Tomshq,Hamilton
Canty, Indiana, being more particularly deserted as fallon:
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I I N °ryP / Commeicng at the northwest coma of the Northeast Carter of
A0 / / / Section 35, Township 18 Nath,Range 3 East,Homitan Canty,
Indiana; thence North 88 degrees 35 minutes 59 seconds East
N, // (assumed bearng)on the north line of said Northeast Cola 41.00
S 44°54'32' �`JJ++_ / feet to a point an the east line of the right-of-way deserted'n
3910" 58101''E Instrument No. 1999-9959388 in the Office of the Retarder of
S 1 3 401 5.70's*3+,(11-
'^�a/ 42.65/ Hamilton Canty,Indiana,saki point also being the Point of
/ Beginning of the herein described red estate; thence the following
I 4,47/ / sal cans on the easterly lines of said right-of-way 1.)South CO
4%/ / / degrees 11 minutes 41seconds E a s t feet to)theupant of
I / curvature of a one having a messes of 3864.72 feet, the radius
/ / point of which bears South 89 degrees 48 minutes 19 seconds West
1 / 3.)sathely on said one an arc distance of 202.35 feet 4.)
/// South 02 degrees 48 minutes 19 seconds West 29.25 feet to the
point of curvature of a curve having a radius of 3774.72 tees, the
radus pant of which bass South 87 degrees 11 minutes 41
I / seconds East 5.)southerly on said curve an at distance of 197.64
1 / feet: 6.) South 00 degrees 11 minutes 41 seconds East 189.32 feet
/ to a pant on the right-of-way described in Instrument No.
2003-117246; thence the following be calls on the perimeter 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 42.65
feet 4.)North 35 degrees 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 Redden
Street thence North 35 degrees 21 minutes 15 seconds East
pmdld with said centedne 639.61 feet to a point being 75 feet
Properly Location: southwesterly of the center-the of Carmd Dive thence North 54
PENN CIRCLE degrees 41 minutes 10 seconds West on a line 75 feet
o nshi Sec.CIS County,Indiana
dial
southwesterly f and parallel with said centerline 44.65 feet to a
Township,Hamilton Couny,Indiana y P
—4"— point on the north line of said Northeast Carter, thence South 88
Project Number:C10-5622 degrees 35 minutes 59 seconds West on said oath line 577.10 feet
Page Number 1 of 1 to the Point of Beginning containing 6.23 acres,more or less
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EXHIBIT A
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Drawing Prepared By: KB
et.
1.1, ^ Drawing Scale: 1" = 30'
•- ,t .. ,) G r O U Drawing Date: 11/4/2011
La rid Surveyors
494 Gradle Drive Phone:317.844.3333
Carmel,IN 46032 Fax:317.844.3383
www.SEAGroupLLC.com
161.25' NO line, NE/4 Sec. 35—T1BN—R3E
VN N 88'3559" E
W Cor, NE/4
Sec. 35—T18N—R3E
EXHIBIT FOR BMP EASEMENT
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0
0
0
0
0
N
POB N 90'00'00" E 142.07'
0 j
o . BMP Easement
0 0 6,686± Sq. Ft. o--o
Z0.153± Acres / ^ o
N 90'00'00" W 142.07'
BMP EASEMENT 1
A BMP 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 161.25 feet; thence South 00 degrees 00 minutes
00 seconds East 120.94 feet to the Point of Beginning of the herein
described Easement; thence North 90 degrees 00 minutes 00 seconds East
142,07 feet; thence South 00 degrees 00 minutes 00 seconds East 47.06
feet; thence North 90 degrees 00 minutes 00 seconds West 142.07 feet;
thence North 00 degrees 00 minutes 00 seconds East 47.06 feet to the
Point of Beginning, containing 0.153 acres, more or less.
Prooertv Location:
PENN CIRCLE
Pt.NE/0 Sec.35-T19NR3E,Clay
Tawnnip,Hamilton County,Indiana
Project Number: 010-5622
Page Number 1 of 1
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EXHIBIT E-1
I '
Drawing Prepared By: KB/TMC
'°' s I Drawing Scale: 1" = 40'
..17. �_ 4E ;.. y; , Group I Drawing Date: 2118/2013
Land Stowe ors
494 Gradle Drive Phone:317.8443333
Cannel,IN 46032 Fax:317.844.3383
www.SEAGroupLLC.com
N 8835'59' E
64.58'
N 88'35'59" E 360.09'
\North line, NE/4 Sec. 35-118N-R3E w "'
�NW Cor, NE/4 0Po
0 o Po
Sec. 35-718N-R3E d. o o
z
� 4473' _S 41.73' \
N 90'00'00" E N 90'00'00" E 1 0
BMP Esmf- I� o cr 11,372-99± Sq. Ft. .*) w+
"' 0.261± Acres 4)/777
S 90'00'00" W 132.64'
EXHIBIT FOR
BMP EASEMENT
HOP EASEMENT
A DP Easement aver, under, and across a port of the Northwest Quarter of the Northeast Quarter of
•
Section 35, Township i8 North, Range 3 East, in Clay Township, Hamilton County, Indiana, being mare 5
particularly described as follows:
:P
Commencing at the northwest corner of the Northeast Quarter of Section 35, township IS North, Range 3 $
East, Hamilton County, Indiana; thence North 88 degrees 35 minutes 59 seconds East (assumed bearing) s\
on the north line of sold Quarter 360.09 feet to the Point of Beginning of the herein described Easement, 4'
thence continuing North 88 degrees 35 minutes 59 seconds East on said north line 5458 feet; thence 0
South 00 degrees 00 minutes 00 seconds East 50.88 feet; thence North 90 degrees 00 minutes 00
seconds East 41.73 feet; thence South 00 degrees 00 minutes 00 seconds East 29.01 feet; thence South
34 degrees 47 minutes 08 seconds West 32.25 feet; thence South 90 degrees 00 minutes 00 seconds
West 13264 feet; thence North 00 degrees 00 minutes 00 seconds West 55.50 feet', thence North 90
degrees 00 minutes 00 seconds East 44.73 feet; thence North 00 degrees 02 minutes 11 seconds East
49-30 feet to the Point of Beginning, containing 0.26i acres, more or less.
Property Location:
PENN CIRCLE
Pt.NE/4 Sec.35-T1SN-R3E,Clay
Township,Hamilton County,Indiana
Project Number:C10-6622
Page Number 1 of 1
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EXHIBIT 8-2