HomeMy WebLinkAboutPerpetual Storm Water Quality Management Easement; CPCC; 2606 W 96th Street; College Park ChristianDocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
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January 24, 2023
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT- 2606 W 96T H ST. -
COLLEGE PARK CHRISTIAN CHURCH
Dear Board Members:
College Park Christian Church has requested the city accept a Grant of Perpetual Storm Water Quality
Management Easement associated with construction of a new outdoor pavillion.
Attached are the required Grant of Perpetual Storm Water Quality Management Easement documents.
The Department of Engineering has reviewed the attached forms and found them sufficient for Board
signatures.
Sincerely,
�7
Jeremy Kashman, P.E.
City Engineer
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DocuSign Envelope ID: DA831258-B7524D2A-A665-OFAD844E92A8
j I
APPROXIMATE EXISTIN
25' INFILTRATION
TRENCH EASEMENT
25' BMP EASEMENT
so 1A ,
M , 6R PE
25' B EASEMENT
1)
I 5' MIN f
TRENCH TO BE LINED WITH GEOTEXTILE
1z'
- - FABRIC (POLYFELT TS 700 OR
MIN.
APPROVED EQUAL) CE01EXPLE FABRIC
DATE:
T
TO WRAP OVER THE TOP OF THE
- STONE BACKFILL PATH FABRIC OVERLAP
01103r,
12" BELOW FINISHED GRADE
01112f.
6" HDPE PERFORATED N-12 UNDERORAIN
01119r,,
24"
(CONNECT TO EX STRUCTURE 1)
COLI
MIN
- - COMPACTED INDOT 18 STONE (WASHED)
PER MANUFACTURER'S
1
RECOMMENDATIONS (ENTIRE TRENCH)
PROM
SWALEANFILTRATION TRENCH TYPICAL SECTION
Draw
NTS
SHEET No.: 1/1
(BY angt5 db)
TRENCH
ANOUT
W/ TYP.)
IPE
I 6�
r0
f/ as 1
CO N17ECIi CDS NORTH
HYDRODYNAMIC SEPARATOR
� CATCHBASIN INSERT
1"=60'
GRAPHIC SCALE
DESCRIPTION:
023 ISSUED FOR REVIEW
023 REVISED PER COMMENTS -� ----' Meritcorp
023 REVISED PER COMMENTS
EGE PARK CHURCH OUTDOOR VENUE E—N—i—P—NveG-SUR-1W E—RON 1-1
2606 WEST 96TH STREET 4222 Merid an Parkway. Suite 112
CARMEL, INDIANA Aurora, It. 60504
EASEMENT EXHIBIT Office 630.554.6656 Other Office Locations:
CT No.: M20027 Lic. No. 164.005860 Gurnee, IL
LS V BY: CCHEC ED BY: CLS www.medtoorp.com
COPYRIGHT 2MPritGorp 2o2
DocuSign Envelope ID: DA831258-B7524D2A-A665-OFAD844E92A8
PROPOSED BMP EASEMENT
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 3 EAST,
HAMILTON COUNTY, INDIANA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'23'15"
EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 1052.54 FEET; THENCE NORTH 89°36'45"
WEST, 342.45 FEET TO THE POINT OF BEGINNING; THENCE NORTH 79°34'29" WEST, 67.08 FEET; THENCE
SOUTH 78*21*12" WEST, 78.60 FEET; THENCE SOUTH 58°58'22" WEST, 79.90 FEET; THENCE SOUTH
21-36-24" WEST, 19.16 FEET; THENCE SOUTH 52°32'08" EAST, 17.54 FEET; THENCE SOUTH 37°27'52"
WEST, 25.00 FEET; THENCE NORTH 52`32'08" WEST, 24.99 FEET; THENCE NORTH 37°27'52" EAST, 19.95
FEET; THENCE NORTH 49'53'54" WEST, 106.44 FEET; THENCE NORTH 53°50'32" WEST, 165.10 FEET,
MORE OR LESS, TO A SOUTHEASTERLY LINE OF APPARENT EXISTING 25 FOOT WIDE INFILTRATION
TRENCH EASEMENT; THENCE NORTH 43°38'33" EAST ALONG SAID SOUTHEASTERLY LINE, 20.02 FEET;
THENCE NORTH 46°21'27" WEST ALONG A NORTHEASTERLY LINE OF SAID EXISTING EASEMENT, FOR A
DISTANCE OF 25.00 FEET; THENCE SOUTH 43°38'33" WEST ALONG A NORTHWESTERLY LINE OF SAID
EXISTING EASEMENT, FOR A DISTANCE OF 23.30 FEET; THENCE NORTH 53"50'32" WEST, 5.26 FEET;
THENCE NORTH 36°09'28" EAST, 25.00 FEET; THENCE SOUTH 53°50'32" EAST, 196.43 FEET; THENCE
SOUTH 49°53'54" EAST, 82.50 FEET; THENCE NORTH 58°58'22" EAST, 91.19 FEET; THENCE NORTH
78°21'12" EAST, 87.75 FEET; THENCE SOUTH 79"34'29" EAST, 71.96 FEET; THENCE SOUTH 10°25'31"
WEST, 25.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 13,670 SQUARE (0.314 ACRES), MORE OR LESS
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
Cross Reference to Deed: xxxx-xxxxxz 50-- t_{ n +
C � _U ;� c.,
GRANT OF PERPETUAL STORM WATFR QUA8TY MANAGEM'Ea EASEMENT
This easement (the "Easement") is by and between the . (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;
WITNESSETH THAT:
WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the
truss reference above (the "Real Estate");
WHEREAS, Grantor intends to { [� on the Re#1 Estate and, in connection with the
construction, development and operation of the pn—vat ( 1 ;Jhc City has approved or will
approve a Stone 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").
the rlale o!
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 Exhibits "A" in two parts (the "Easement Area").
Sc0ion 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
hasias,. 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 Permit and the Ordinances.
at!ion 3. Puraxs_se wi° Easemgm. 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 Stone Water Quality System, or parts thereof,
such that (i) the effectiveness and performance of the Storm Water Quality System is not
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
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.
Scction S. hnilure of St_sqrn� Water Quality Sy tem. in the event that the condition of the Storm
Wafer 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.
Scctioi t. Reimbursement of I'xnense` and linforcetnrnt 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 S above and, in the event of litigation to
recover such expenses, the prevailing party shall be entitled to recover reasonable attorney's
tees.
Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to
the benefit of and he binding upon the parties' respective successors and assigns.
Sectiot �i. !L-L (ir tUur ttntt )t t r lancet tcalb.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 tinder this Easement.
Section 9. nntentlulent. 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 Eascmcnt Area, accordingly, so that Easement Area is atliusted to and does not conflict with
such revised site plan.
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
Section 10, Autl or*, 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.
Printed
Date:
STATE OF INDIANA j
)SS:
COUN"fY OF HAMILTON )
lieli� uc, a Notary Public in and for said County and State, personally appeared
(_. 1_tr t-_, , ncknowlc�d cd execution of the foregoing Easement for and
on Ifehal C of
Witness my hand and Notarial Seal this �"�" day of , 20 2— 5
My Commission Expires: `'� Qh.•` w-
��`
Residing in Z504>A A6 County
Notary Public
arm C
Prtnte Name
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
Not Present
James Brainard, Mayor
Date:
D*cuftned by:
Am, c,
3X'Hw13wke, Member
Date: 2/1/2023
DoeuSSi'gn�e.d by:
V I WW sm,
Lori , Mftlfber
Date: 2/1/2023
ATTEST:
�Doc Signed by:
5.c ��� ovvl.
Sue %'dfrg9g,SClerk
Date: 2/1/2023
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON ) No t Pres n t
Before me, a Notary Public in and for said County and e, personally appeared James
Brainard, a member of the City of Carmel, Indiana and of Public Works & Safety and
acknowledged execution of the foregoing Easem or and on behalf of City of Carmel, Indiana
Board of Public Works & Safety.
No Present
Witness my hand and rial Seal this day of
My Commission
Notary Public
Residi in County
Printed Name
, 20_.
DocuSign Envelope ID: DA831258-9•i53.4Q2A-A36$,,DEAD844E92A8
HOLLY J. HARMEYER
? (. Pao I Notary Public, State of Indiana
STATE OF INDIANA = Hamilton county
-Z: SEAL; * ECommission Number NP0737982
)SS: ° My Commission 20pire
29$
NDPNPo December 15,
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Mary
Ann Burke, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf, off Board of Public Works & Safety.
Witness my hand and Notarial Seal this day of February , 20 23
My Commission Expires:
12/15/2029 NotFy Pub '
Residing in Hami 1 ton County
Holly J Harmeyer
Printed Name
MEYER
P& '� Noof Indiana
"H=nn
STATE OF INDIANA )
``,�PPY•
= o: ='unty
z SEAL; * `Cor NP0
i f7S 82)SS:
on
NDI P� p Comm�ss, 2029
COUNTY OF HAMILTON )
„ n++
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.
Witness my hand and Notarial Seal this ✓ d y o February 202�
My Commission Expires:
12/15/2029 Nota ublic W�i�v
Residing in Hamilton County Holly J Harmeyer
Printed Name
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
""""' HOLLY J. HARMEYER
``Y p�s�'�� Notary Public, State of Indiana
Z;SEAL; = Hamilton County
.` Commlaalon Number NP0737082
• 'p My Commission i3xpirea
%q '1'01 AN O�
�,,[I MoS CDeoerrlbet 15, 2029
Before me, a Notary Public in and for said County and State, personally appeared Sue
Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the
foregoing Easement as the Clerk of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this ;ryP
of February , 20 23
My Commission Expires:
12/15/2029 *oabl'
Residing in_ Hamilton County
Holly 7 Harmeyer
Printed Name
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 —
Jon Oberlander, Esq.
Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN
46032
Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032