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Home My WebLink About131st - Hazel Dell - Northview Church2015048955 EASE $24.00 09/17/2015 03:00:39PM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 111111111111111111111111111 Cross Reference to Deed: Instr. #8515410; Book 351 Page 952 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the "Easement") is by and between the Northview Christian Life Church, Inc., (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; APPROVED 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 add additional parking spaces on the Real Estate and, in connection with the construction, development and operation of the infiltration trench and rain garden, 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. Also, those portions of Real Estate improved, existing and future, with hard surface pavement extending from either 131' Street or Hazel Dell Parkway leading to the area described within Exhibit "A" (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, native plantings (plugs) 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. 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 Storni 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, voles, approvals and/or restrictions necessary to allow the execution and delivery of this Easement have been undertaken. STATE OF INDIANA SS: COUNTY OF HAMILTON By Date: dorS Signature /44;01,t 3 CVKI/ Printed Before me, �a+Notary Public in and for said County and State, personally appeared 041-6114e. 1 (Teta] (, who acknowledged /executioon of the foregoing Easement for r and /� �,p� on behalf of /AJ01Q• 6;&,..) l..1/Il�.is4 1u tt f 1 Await dka ,Uot#to;ai attack Witness my hand and Notarial Seal this <2-g day of fU9Gt &7 , 20 /? M Commi sion Expires: Lust D1/ aoaa- Residing in flavor /7 County ATTEST: ublic 3esStc_a ESSICA FARSON •woika. �% Notary Public, State of Indiana •+Eat ; If County •` Commission 656458 0,2;0.O`,, August 04. 2022 My Commission EH Aires Printed Name CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY James Brainard, Mayor Date: / 44andra M Johnson uty (Diana L. Cordray, IAMC.reasurer Clerk For Date: % /i // STATE OF INDIANA ) ) SS: COUNTY OF HAINi, Before me, a Notary Pub 'it-iu d for said Co t nd State, personally appeared James Brainard, a member of the City of Carmel, Indiana Baars 'ub/ic Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of • ofCarn : Indiana Board of Public Works & Safety. Witness my hand • • otarial Seal this day o , 20 . My Commission Resid' • • in County 7 STATE OF INDIANA SS: COUNTY OF HAMILTON Notary Public Printed Name Before me, a Notary Public in and for said County and State, personally appeared Maly Amt 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 My Commission Expires: Residing in ,�-F(p,14.1) tttCounty STATE OF INDIANA ) COUNTY OF HAMILTON SS: to+h day of Notary Public ,210 iv �'CGuu c�a.� conn ht_ ✓i S Printed Name 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. �iy11111 Witness myhand and Notarial Seal this { day of �' . 20 My Commission Expires: Residing in •'1"rkall / I UlCounty STATE OF INDIANA ) SS: COUNTY OF HAMILTON Notary Public ani .lea LAS Printed Name 6.nel Trs lahrtsen QR� Before me, a Notary Public in and for said County and State, personally appeared Di•ur•. L_Cerdr._,,, /erk Treasurer of the City of Cannel, Indiana and acknowledged execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana. GkN Witness my hand and Notarial Seal this day of af-mbe , 20 My Commission Expires: /f/n/ 7 Residing in NA IN\County Notary Public C'ann. bas Printed Name Pursuant to IC 36-2-11-15(6)(2), 1 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 Prepared by: Return to: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, IN 46032 t L\Vte- 5 uAoE"/CAY2M6L,/AJ Y6o3a AST»: RI Aito%t.Jrey EXHIBIT "A" STORMWATER EASEMENT PREPARED BY: CRUSSROAU; IE NGI N E E 115'' PC Transportation & Development Consultants >.° xww m. aax CCM 114101 1+'17.1565 AUGUST 24, 2015 SHEET 1 OF 2 NE CORNER 5EY4 S28-T18N-R4E 131st STREET I— NORTH LINE OF 5EY4 J/ 528-T18N-R4E NORTHVIEW CHRISTIAN LIFE CHURCH INC. INSTR.#8515410 DEED BK 351 PG 952 �STORMWATER EASEMENT LOCATION W wt E =c CN HN W 20 =MEM= 20 40 SCALE 1 = 40' 131st STREET NE CORNER SEY4/ 528-T18N-R4E _1108.20'_ S89°37'45"W S00°22'15"E HAZELDELL PARKWAY _J THIS PLOT WAS PREPARED FROM ALTA/ACSM L.T.S. PREPARED BY COOR CORPORAPON DATED APRIL 28, 2003. THE EASEMENT IS SUBJECT TO PROPERTY KEYMAP ANY INCONSISTENCIES RTHAT AGOTHER SURVEY MIGHT REVEAL NOT TO SCALE HATCHED AREA 15 THE APPROXIMATE AREA FOR STORMWATER EASEMENT CITY: SECTION: 28 DRANK BY: CMC REVISIONS COUNTY: HAMILTON TOWNSHIP: 18 NORTH CHECKED BY: TEN ADDITION: RANGE: 4 EAST DATE: 08/24/15 EXHIBIT "A' STORMWATER EASEMENT BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 4 EAST, IN HAMILTON COUNTY, INDIANA, described as follows: Commencing at the Northeast Corner of said Quarter Section; Thence South 00 degree 22 minutes 15 seconds East, along the East line of said Quarter Section, a distance of 1087.68 feet; Thence South 89 degrees 37 minutes 45 seconds West, a distance of 1108.20 feet to the PLACE OF BEGINNING; Thence South 65 degrees 10 minutes 39 seconds West, a distance of 109.00 feet; Thence North 24 degrees 49 minutes 21 seconds West, a distance of 76.00 feet; Thence North 65 degrees 10 minutes 39 seconds East, a distance of 109.00 feet; Thence South 24 degrees 49 minutes 21 seconds East, a distance of 76.00 feet to the PLACE OF BEGINNING. CONTAINING 0.190 ACRES OR (8284 SQUARE FEET), more or less, and being subject to all legal easements, rights of way or restrictions of record or observable. I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that this description was prepared from information obtained from ALTA/ACSM L.T.S. prepared by COOR Corporation dated April 28, 2003. No field work was performed; therefore, the property is subject to any overlaps, gaps, or other inconsistencies that a survey might reveal. PREPARED BY: ERDSSROAD' ENGINEE115`;;P,C Transportation & Development Consultants NnW u Ca BR 0.W. 0 ()i).it 35 AUGUST 24, 2015 SHEET 2 OF 2 TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 CITY: SECTION: 28 DRAWN BY: LMC REVISIONS COUNTY: HAMILTON TOWNSHIP: 18 NOR1H CHECKED BY: RN ADDITION: RANGE: 4 EAST DATE: 08/24/15 ‘11:1 al 0 0 0 u[�ul ;000 0 it0 DEB CITY O ' ARVIEL JAMES BRAINARD, MAYOR September 3, 2015 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: NORTHVIEW CHRISTIAN LIFE CHURCH — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT Dear Board Members: Michael Crull, Northview Christian Church, has requested the City accept a Grant of Perpetual Storm Water Quality Management Easement for the development of an additional parking lot for the church located at 131st Street and Hazel Dell Parkway. (Part of the N.E. corner, S.E.'1/< of Section 28, Township 18 North, Range 4 East). The easement consists of 0.190 acres and encompasses the storm water quality system for the project. Attached are the required grant of easement forms signed by the petitioner. The Department of Engineering and Law Department have reviewed the attached forms and found them sufficient for Board signatures. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT FORMS S:\BPW15\MISC\NORTHVIEWCHURCHGRANTOF STORMWATER EASEMENT.DOC DEPARTDIENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAx 317.571 2439 EJIAI1. en gi nee ri ng@ca rnicl. i n .gnv