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Home My WebLink AboutEASEMENTS-Grant of Storm Water Easement College Park Church-20230207DocuSign Envelope tD: DA831258-B752-4D2A-A665-OFAD844E92A8 2023003931 EASE $25.00 02/07/2023 11:44:46AM 8 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented II II II II II II II I I II I I I I II Cross Reference to Deed: xxxx-xxxxxx t .t cs t "c CZjf� ` C� jL; 1C) 't GRANT OF PERPETUAL STORM WATER QUAaT_ MANAGEA1E EASEMENT This easement (the "Easement') is by and between theCQ� �.1. (tltc "Grantor") and the City of Cannel, Indiana (the "City"), by and through its Board of Public Works & Safety (the "Grantee") and shall have as its effective date the later of tho 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 cruss rcferenec above (the "Real Estate"); WHEREAS, Grantor intends to n the Reel Estate and, in connection with the construction, development and operation of the 1" the City has approved or will approve a Stornt 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"). �i5e at�sf�• iv. 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"). Storm watcEt m . 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 1 usjns,. pipes, and structural and non-structural best management practices (collectively the "Storm Water Quality System") to he constructed, installed and maintained by Grantor, at Grantor's expense, in accordance with the Permit and the Ordinances. Section I purau e of ras�ti)4Lt. 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 ltenair. 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 DocuSign Envelope 1D: DA831258-B7524D2A-A665-OFAD844E92A8 diminished from the capabilities set forth in the Pc;nnit and (ii) the Storni Writer Quality System remains in compliance with the Permit and the Ordinances. Se6ori 5, Vn.ilure pf_St trnr_Wnter ualil r ,' sae m. [u 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 Stone Water Quality System as is necessnry to restore compliance with the requirentews set fortlt in die 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 (duality 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 ongoirig. Swim) 0. I,gc.iniLml-.cnicnl o!' ]ix t c ,tti. l ttfarcetuent. Grnntor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or roplac-entents specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable atturney'.s fees. Section 7 Qharaeter of Easement. This Easement shall be perpetual and, farther, shall inure to the benefit ofand he binding upon the parties' respective succemsors and assigns tic�lirnt i. tJ c. lsy t;rgsitt�l strict (}tltcr_1 n �ttt4lit4. Grantor shall be permitted to use the Eascolent Area and also to grant other casements within the'Easement Area for any purposes which do not impair the StQnn Writer Quality Systern and which are not inconsistent or conflicting with this Easement and the Granwe's rights under this Easement. Sccjrott 9. nrtrenshneiit. 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 Cannel, Indiana or its successor or (ii) by an order of a court of cmnpeleM jtrrisdictimt. 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 hascmew Area, accordingly, so lhat Easement Area is adjusted to and aloes nut conflict with such revised site plan. Suction 10, Llttlbsif hr. 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. C Printed Name Datc: I — q{ 2+3 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Ilelirr+ rc, a ]Votary Public in and for said County and State, personally appeared ( l tr 1 � . '��-�rw-ar kno%Yled �cd execution of the foregoing Easement for and on I ch;,lf of D6LLP n c_ 7" s".}41 e t Lhl�l(} C Witness my hand dand Notarial Sea] this �-� �` day of - (daA-t,LO-n_44 .20 2.5 My Commission Expires: ��T/ 9- 01 a.t-Lg IS , 2,0z4 Residing in '54'10 1.-41- County Notary Public PriniedhIarnc _ KAR£N S CARI Notary Pcbtie - Seal Boom County - State of ind#ana Commission Number NP0646738 My Commission Expires Aug tb, 2029 DocuSlgn Envelope ID: DA831258-8752-4D2A-A665-0FAD844E92A6 CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY Not Present James Brainard, Mayor Date: .. DxuSlpbrtl by: am, _ y'4nffo8ttke, Member 2/1/2023 Date: -Docuftne6 by, Lori "ffffber Date: 2/1/2023 ATTEST: Do-Slg-d by: Ivy Sue`-3611'd9Nk,' Clerk Date: 2/1/2023 STATE OF INDIANA )SS: CUtfNTY OF HAM[LTON ) Not Pr n t Before me, a Notary Public in and for said County and ' e, personally appeared James Brainard, a member of the City of Cannel, Indiana and of Public Works & Safety and acknowledged execution of the foregoing Easem or and on behalf of City of Cannel, Indiana Board of Public Works & Safety, No Present Witness my hand and ° vial Seal this day of 20 My Commission Expire-s: ResidiV n ._.._ County Notary Public Printed Name DocuSign Envelope ID: DA83125R-B,52,4Q2A-Aj63-OFAD844E92A8 HOLLY J, HARMEYER n✓,o '• Notary Public, Stata or iniane. STATE OF INDIANA Hamilton County } z- I *;SEAL *�CommisSionNumberNP0737S82 my Commission Expires COUNTY OF FIAMILTON ) December 15, 2029 ��/Ill { n 4t�� 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 of Board of Public Works & Safety. Witness my hand and Notarial Seal this � day of February 120 23 , My Commission Expires: 12/15/2029 4oryPubT Residing in Hamilton County Holly J Harmeyer Printed Name HOLLY J. HARMEYE"I as2a ublic, State of Indiana STATE OF INDIANA milton countyZ. ion Number N907379B2 )SS: mmission Expires COUNTY OF HAMILTON ) ember 15, z029 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 JAdy February 202� My Commission Expires: 12 15 2029 / / N Residing in Hamilton County Holly 7 Harmeyer Printed Name DocuSign Envelope ID: DA831258-B752402A-A665-OFAD844E92AB STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) HOLLY J. HARMEYER Notary Public, Statd of Indiana Hamilton County z;SEAI_; Gamntlasion Number NP0737982 My C60jf1991on EKpiraa Deoamber 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 _±!� of February 20 23 My Commission Expires: —_ 12 15/2029 No ary Publ' Residing in_ Hami 1 ton Count Holly 3 Harmeyer Printed Name Pursuant to 1C 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: Jot) Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P,E., City Engineer, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: DA831258-6752 4D2A-A665-0FAD844E92A8 PROPOSED 8MP 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 36009'28" 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 DocuSlgn Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8 SHEET No.: 111 hA IN�TBATI TRENCH IGfANOUT 'ts I JEiRAT0U-UiENCH W/ 6" PERF (PIPE 25' 8 EASEMENT APPROXIMATE EXISTIN 25' INFILTRATION E�asS TRENCH EASEMENT ,1 �g 25' BMP EASEMENT I 1 I CONTECIf CDS \ HYDRODYNAMIC SEPARATOR NORTH ' CATCHBASIN INSERT o 3o so TMiN TRENCH TO BE LINED M114 C4:OTEXT1LE I" H 60, GRAPHIC SCALE FABRIC (POLYFELT TS 700 OR MIN. APPROWD €,OVAL) CEOTEXRE FABRIC OATS: DESCRIPTION' TO WRAP OVER THE TOP CIF 7HE STg3?: BACS(FILL WITH FABRIC DWRW 12" BELOW F►fiSHED CRAM 01103/2023 ISSUED FOR REVIEW T 01f422023 REVISED PER COMMENTS MeritCorp t's' PERFORATED N-12 Ut,roFRCRUN 01r19Y2023 REv1$EU PER COMM€NYS " 24+ NNEE (ca+NEcr ra Ex slRucnlRE T) COLLEGE PARK CHURCH OUTDOOR VENUE 1 Ena H:etu. p n�..o �s�n�c•+r�aE�v+Aowr.+trrtA� iNlN COUPACTm INOOT /B STONE (WASHED) 260614EST 96TH STREET _ -' 4222 Meridian ParkNay, Suite 112 PC R MANUFACTURER'S CARMEL, INDIANA IL 60504 1 RECOMMENDATIONS (ENTIRE rRENrh) EASEMENTEXHIBIT Ofr"a OlTice 5?0.554 SS55 Other IXflne Lecatiores: - PROJECT NO.: M20027 LIC No t84-005e6o Gurnee, IL SWALE/INFILTRATION - TRENCH TYPICAL SECTION aRAWN®v.cLS r CH K DBY.CL$ - - n, wwwedworpcum NTs_ COPYRIGIHT C 2P;tZ MOrItCOrp