HomeMy WebLinkAboutEASEMENTS-Al Salam Foundation - Grant of Perp. Storm Water Easement-202210062022049011 EASE $25.00
10/06/2022 11:51:44AM 12 PGS
DocuSign Envelope ID: 5642928D-SE46-45C0-98D6-637681323032 Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN AMM
Cross Reference to Heed: Instrument#: 2018-10750
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Fnsement") is by and between the Al Salam Foundation, inc., an Indiana
nonprofit corporation, (the "Grantor") and the City of Carmel, Indiana (the "City"), by and through its
Board of Public Works 8c Safety (the "Grantee") and shall have as its effective date the later of the date
on which Grantor exmules this Easement or the date on which Grantee executes this easement;
WITNESSETH THAT:
WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross
reference above (the "Real Estate");
WHFREAS, Grantor intends to Constnwt it building and associated parking, sidewalks, and utilities
on the Real Estate and, in connection with the construction, development and operation of the Islamic
Life Center, the City has approved or will approve a Storm Water Management Permit ((he "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 stone 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:
eslisljU. LiI5�jrlen 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 six parts (the "Easement Area").
Sy
2. Storm Water unlit SvsLe . 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 "Stone Water Quality
System") to be constructed, installed and maintained by Grantor, at Grantor's expense, in
accordance with the Pen -nit and the Ordinances.
GSi, puruose aj Fd nl ent. Grantee shall be and hereby is permitted at all times to enter npnn
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.
a.L t y 4, And RWair. It shall be Grantor'; obligation to maintain in proper
working order and to repair and/or replace the Storm Water Quality System, or parts thereof,
DocuSign Envelope 10: 5642928D-5E46-45Co-98D6-83D681323032
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.
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 Storin 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
cirewnstances relieve Grantor of its responsibility to maintain and operate the Storm Water
Quality System, which responsibility shall be continuous and ongoing.
r,,l( tin irti3;f Fxnes a Enfarcetirent. 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 EiWgrnent. This Easement shall be perpetual and, further, shall inure to
the benefit ofand be binding upon the parties' respective successors and assigns.
Sgtion R. ilse by Grantor and_Qtbgr EaseEUfr(JtS. 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. Es►B1adingal, 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 [teal 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. �F 11y, 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, votes, approvals and/or restrictions necessary to
allow the execution and delivery of this Easement have been undertaken.
AL SALA 9 FQUNllATI("GRANTOR'')
By:
Printed Name
Date: Six -t ®qfA4, 20
DocuSign Envelope ID: 5642928D-5E46-45CD-98D6-83D681323032
`SATE OF INDMNA
ISS:
(,(OLIN"FY OF] 1AN411JON )
Before me, q Notary Public in and for said County and State, personally appeared
acknowledged Execution of the foregoing Easement for and on behalf of
Witness my hand and Notarial Seal this Zary
of P. , 2QV
My Commission Expires: /Nublic
Residing in /� L1ih ! lo� _ County".e
'f
ame _..
t W.I.,W. K€ITH RICHEY
is
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14 CUMMi4n EXON
* SEAL
}Fd€titN,:rr�
Jub23.2027
Conmisslon Number HP0721515
Hamillm County
DocuSign Envelope ID- 5642928D-5E46-45C0-98D6-83D681323032
('I"t'y 0? 4:.ARNA I, d3E7:1RD OF PUBLIC LIC iy'C)RKS & `A FTN; (.,(; RAN itt:°'
Qucugiq tl by:
Mayor
9/21/2022
Dxuftned by
Q41.L1. t,
Y41 Ps'%ft, Nlcniber
9/21/2022
Date:
O—Sign®d by:
FF.Zj18��r�af'32i1"JL'r
9/21/2022
1... a t ?,
D.-Slgned by
Date:9/21!2022
HOLLY J. HARMEYER
S i'A I t OF INDII N 1
`- Notary Public, STato of Indiana
s -
`aF AL r= Hamilton County
)S5: +' Commission Number NP0737982
i E)q N'fY OF1lAhI1L'EC7N ) tir My Commission Expires
°' December 15, 2029
lictor;; rile, a Notrsry Public in, zirI6 for said f'ourity ind State, personally appeared Jail-ies
Brainard, a member of the City Of Carmel, Jndimin Ro<ard of Public Works & Safety taild
:ac.knowledgal execution ofthe fioregoiw,. titasenaetat for and on be'IMI' of City of C'31-lncl, hidiona
Board c)f Public Works X, Safety.
September
��tia4sa iaay ►a ,a}cl aria sic tarial Ses tha.! citay c7i _ _ ._ .._ _._ _ .__ >!1
My ('01a)naISSiUt1 f:xlairt
12/15/202.9 Notary
HaIM I tan (.uttrriy 0�1'y J Harmeyer
Printed Nanw
DoGuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
I ATF OF IN M A N A
COUNTY 0F'1-z'A-%Jl1,A'0N
HOLLY J. HARMEYER
5
Notary Public, State of Indiana
SC
Hamilton County
Commission Number NP0737982
My Commission Expires
December 15, 2029
Before inea Notary Puldic in and for said ("ounivaird Slate, per5onally app.artd Mary
Ann Burke, a inember of the. City oft ..armel, Board oi'llublic Works & Safety aml ackn0-
�'Xec)jfioll of the 66regoing Foscjncnl for anu on behalf'of'Board Of Public Works &' Saf'CAY
Witness my hand and Notarial Sea[ this day of September 20
My Commission Expires:
Nolm'y flit vlc�
Ham! I ton
Residing in COU"ItY
STATE OF iNIXANA
)SS:
COUNTY01"HAMRJON )
1`16rited Name
HOLLY J. HARMEYER
Notary Public, Slate Of Indiana
"F �7
" AL - " _
Hamilton County
commission Number 14P07379$2
®
My Commission Expires
December 15, 2029
Before sate, as Notary PubhQ in and for said Comity and Slate, personally ap))ca-d 1--Ocl
Willson, a 1110111her of the City of Cartliel, Board Of Public Works & Safety and acknowle'(11"'cii
execution M, the foregoill'g, t"Ase.ment R)r ;wd on hehalf of City of Canlwl Board of 1,11611c works
& Safety. September 22
Witness my hand and Notarial Seal this day of 20
7
My Commission Expires:
Notary Nibfikl.
121 2
Ham! I ton Fi H01'1y 3 armeyer
--
Printed Nante
DocuSign Envelope ID: 5642928D-5E46-45CR-98D6-83D681323032
HOLLY J. HARMEYER
Notary Public, State of Indiana
Hamitton County
STnTI: OF INi?IANn
> Commission Humber NP0737982
My Commission Expires
December 15, 2029
COLTNTY0FI�LIMILT0N )
Before me, n Noiary Public in and for said County and State, personally appeared Sue
Wolfgang, the Clerk of the City of Cannel, Indiana and acknowledged execution of the foregoing
l;;t,emcni as the Clerk of lheCity of annel, Indiana.
Wifness my hand and Notarial SDI thisC✓ --day of September 20 ?2
My Contntission Expires:
1 i /1 S /7ilz Notary I t6l
Residing, in _ Ham1 7 ton County
HO11V ] Harmeyer
Printed Naiiie
Vurcuant to 1(' 36-2-11-I5(b)(21, I jtYjrrn, under the penalties for perimy, that E have taken
reasollabie Care. to redact ouch' octal Security number in this document, unless requiicd by lst,ti Jon
Oberlender, Fsq.
1't-enfcd by: Jan 0herlander, Corporation t � ,� �,I, Cane Civic ,,• ��: L:aratt 1, IN' 40032
Rclurn to: Jcrefinv Kashmart, P,F.-, 01y I?nginecr, One Cis is Square, Carmel, I Iti0l32
pocuSign Envelope ID 5642928D-5E46-45C0-98D6-83D681323032
EXHIBIT "A"
ACCESS EASEMENT
A part of the tract of land granted to Al Salam Foundation Inc. ("Grantor") recorded
as instrument Number 2018-10750 In the Office of the Recorder of Hamilton County,
Indiana, and a part of the Southeast Quarter of the Northeast Quarter of Section 19,
Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
COMMENCING at the Southeast Corner of said Southeast Quarter —Quarter, also being
the southeastern corner of said Grantor; thence South 89 degrees 45 minutes 30
seconds West (Basis of Bearings: Indiana State Plane, East Zone, NAI) 83) 328.00 feet
along the South Line of said Southeast Quarter —Quarter coincident with the southern
line of said Grantor to the southwestern corner thereof and the southeastern corner
of Overbrook Farms Section One Secondary Plat ('common line") (recorded as
Instrument Number 200600061278 in Plat Cabinet 4, Slide 161 in said Recorder's
Office); thence North 00 degrees 05 minutes 20 seconds East 40.00 feet along sold
common line to the northern line of a 40—foot proposed half right—of—way for 1 41 st
Street; thence North 89 degrees 45 minutes 30 seconds East 30.00 feet along said
northern line to the POINT OF BEGINNING of this description; thence North 00 degrees
05 minutes 42 seconds East 358.32 feet parallel with said common line; thence South
89 degrees 54 minutes 40 seconds East 23.50 feet; thence South 84 degrees 06
minutes 17 seconds East 53.27 feet; thence South 05 minutes 53 minutes 43 seconds
West 29,58 feet; thence North 82 degrees 05 minutes 21 seconds West 5.09 feet;
thence South 61 degrees 12 minutes 32 seconds West 18.14 feet; thence North 05
degrees 53 minutes 43 seconds East 19.73 feet; thence North 84 degrees 06 minutes
17 seconds West 11.98 feet; thence North 89 degrees 54 minutes 40 seconds West
19.15 feet; thence South 00 degrees 05 minutes 20 seconds West 336.14 feet parallel
with sold common line to the northern line of sold proposed right—of—way; thence
South 89 degrees 45 minutes 30 seconds West 23.50 feet along said northern line to
the POINT OF BEGINNING, containing 9,748.3 square feet (0.224 acres), more or less.
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STATE OF '
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This description was prepared for
Veridus Group, Inc. by Donald R.
Indiana Professional Surveyor No.
on the 191h day of August, 2022.
PREPARE D Fu R;
VERDIUS GROUP INC.
62SO SHAMAND AV9NUE
INDTANAPOLIS, INDIANA 46220
PRE PAP K0 BY: OONALO R. mooa 1N
CENTRAL, STATES CONSULTiNG, LL C
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PHONE:
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EXHIBIT "A"
Mosson,
9600013
- w. ACCESS EASEMENT
14138 SIIPLBORNP ROAD
wF.STFIELD, INDIANA
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VERDIUS GROUP, INC.
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Report,
CENT .RAL STATES CONSUL.T]NO, LLC
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13 WEST PEARL STREET
M6RTN BALE". INPIANA 48153
311-342-285`1
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ACCESS EASEMENT
14138 SHELBORNE ROAD
WFSMFLD, INDIANA
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2 OF 6
DocuSign Envelope ID: 5642928D-5E46-45CO-98D6-83D681323032
EXHIBIT "A"
DRAINAGE & BMP EASEMENT
A part of the tract of land granted to At Salam Foundation Inc. ("Grantor") recorded
as Instrument Number 2018-10750 in the Office of the Recorder of Hamilton County,
Indiana, and a part of the Southeast Quarter of the Northeast Quarter of Section 19,
Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
COMMENCING at the Southeast Corner of said Southeast Quarter —Quarter, also being
the southeastern corner of said Grantor; thence South 89 degrees 45 minutes 30
seconds West (Basis of Bearings: Indiana State Plane, East Zone, NAD 83) 328.00 feet
along the South Line of said Southeast Quarter —Quarter coincident with the southern
line of said Grantor to the southwestern corner thereof and the southeastern corner
of Overbrook Farms Section One Secondary Plat ("common line") (recorded as
Instrument Number 200600061278 in Plot Cabinet 4, Slide 161 in sold Recorder's
Office); thence North 00 degrees 05 minutes 20 seconds East 40.00 feet along said
common line to the northern line of a 40--foot proposed half right—of—way for 1 41 st
Street; thence North 89 degrees 45 minutes 30 seconds East 91.15 feet along said
northern line to the POINT OF BEGINNING of this description; thence North 17 degrees
11 minutes 05 seconds East 49,40 feet; thence South 89 degrees 34 minutes 58
seconds West 5.72 feet; thence North 48 degrees 58 minutes 06 seconds West 47.44
feel; thence North 00 degrees 02 minutes 37 seconds East 108.41 feet; thence South
88 degrees 38 minutes 46 seconds West 64.04 feet to said common line; thence
North 00 degrees 05 minutes 20 seconds East 30.01 feet along said common line;
thence North 88 degrees 38 minutes 46 seconds East 53.52 feet; thence North 00
degrees 05 minutes 20 seconds East 82.63 feet parallel wilh said common line;
thence North fit degrees 12 minutes 32 seconds East 51.35 feet; thence South 82
degrees 05 minutes 21 seconds East 129.83 feet; thence South 37 degrees 58
minutes 56 seconds East 39.60 feet; thence North 66 degrees 50 minutes 46 seconds
East 34.27 feet to the western line of a 45—foot proposed half right—of—way for
Shelborne Road; thence South 00 degrees 05 minutes 20 seconds West 32,65 feet
along said western line; thence South 66 degrees 50 minutes 46 seconds West 32.59
feet; thence South 00 degrees 05 minutes 14 seconds West 140.02 feet; thence South
44 degrees 55 minutes 50 seconds West 77.50 feet; thence South 89 degrees 34
minutes 58 seconds West 61.26 feet; thence South 17 degrees 11 minutes 05 seconds
West 49.50 feet to the northern line of sold 40—foot proposed right—of—way; thence
South 89 degrees 45 minutes 30 seconds West 31.44 along sold northern line to the
POINT OF BEGINNING, containing 53,074.0 square feet (1.218 acres), more or less.
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VERDIUS GROUP, INC.
6280 SHADELAND AVENUE
INDIANAPOL35, INDIANA 46220
REPAREO WY: O R. MO96ON
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M. INOIANA 46365
This description was prepared for The EXHIBIT "A"
Veridus Group, Inc. by Donald R. Masson, DRAINAGE& BMP EASEMENT
Indiana Professional Surveyor No. 9600013 1dl38s![IL D,INDAORNE Ai)
WFSi'IIEL�, lN13IANA
on the 19th day of August, 2022. - R
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DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
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Note: This
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INDIANAPOLIS, INDIANA
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PREPARED MY: OONALO R. M09HON
CENTRAL STATES CONSULTING, L,L,C
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represented as a
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PHONE: 31785®-®6B2 PAX: 34^/342.285.7
01 <9�` :NU1AN ''(D4 �w�s
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DRAINAGE& BMP EASEMENT
(` 14IJ8StILLBORNEROAD
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Surveyor Location
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DocuSign Envelope ID: 5642928D-5E46-45C0-9806-83D681323032
EXHIBIT "A"
DRAINAGE EASEMENT
A part of the tract of land granted to Al Salam Foundation Inc, ("Grantor") recorded
as Instrument Number 2018-10750 in the Office of the Recorder of Hamilton County,
Indlana, and a part of the Southeast Quarter of the Northeast Quarter of Section 19,
Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township,
Hamilton County, Indiana, more particularly described as follows;
COMMENCING at the Southeast Corner of said Southeast Quorter—Quarter, okso being
the southeastern corner of said Grantor; thence South 89 degrees 45 minutes 30
seconds West (Basis of Bearings: Indiana State Plane, East Zone, NAD 83) 328,00 feet
along the South Line of said Southeast Quarter —Quarter coincident with the southern
line of said Grantor to the southwestern corner thereof and the southeastern corner
of Overbrook Farms Section One Secondary Plat ('common line") (recorded as
Instrument Number 200600061278 in Plat Cabinet 4, Slide 161 in said Recorder's
Office); thence North 00 degrees 05 minutes 20 seconds East 40.00 feet along said
common line to the northern line of a 40—foot proposed half right—of—way for 141 st
Street and the POINT OF BEGINNING of this description; thence continue North 00
degrees 05 minutes 20 seconds East 630.00 feet along said common line to their
common northern corner; thence North 89 degrees 48 minutes 03 seconds East 30.00
feet along the northern line of said Grantor; thence South 00 degrees 05 minutes 20
seconds West 629.98 feet parallel with said common line to said proposed
right—of—way line; thence South 89 degrees 45 minutes 30 seconds West 30.00 feet
along said proposed right—of—way line to the POINT OF BEGINNING, containing 18,899.6
square feet (0.434 acres), more or less.
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This description was prepared for
Veridus Group, Inc. by Donald R.
Indiana Professional Surveyor No.
on the 19th day of August, 2022.
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PREPnREn EAR:
VERDIUS GROUP, INC.
6280 SHADELAND AVFNUF
INDIANAPOLIS, INDIANA 46220
P REPa REt) SY: OOIYALP R M089CIN m
CENTRAL STATES CONSULTING, LLC
P.D. Box 4
13 WERT PEARL STRELi
NC1NT1-I RA L.EN, INOIANA 45165
PHONE: 317-E58-B662 EA%R
The
EXHIBIT "A"
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9�C}0013
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DRAINAGE EASEMENT
I4138SIIILBORNEROAD
wESWTT I,D, INDIANA
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Docu Sign Envelape ID: 5642928D-SE46 45C0-98D6-83D681323032
N89'48'03"E
30.00'
COMMON AREA 4
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96000o13 yF represented as a
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