Hazel Dell Parkway-Hazel Dell Christian ChurchCross Reference to Deed: 200400041697
2015003016 EASE $26.00
01/23/2015 09:58:42AM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
1I 1101111111111110IIIII IIIII1111111111111111IIIIII100111110111111
N;T{OFSPPERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement ") is by and between the Hazel Dell Christian Church (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
cross reference above (the "Real Estate ");
WHEREAS, Grantor intends to build a vestibule addition to the existing church and
additional surface parking on the Real Estate and, in connection with the construction, development
and operation of the development, 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 (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, water quality vegetative swale 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 — EXEMPT FROM
SALES DISCLOSURES
BEG
Cross Reference to Deed: 200400041697
NJTT OF) ERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
o
This (the "Easement ") is by and between the Hazel Dell Christian Church (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
cross reference above (the "Real Estate ");
WHEREAS, Grantor intends to build a vestibule addition to the existing church and
additional surface parking_on the Real Estate and, in connection with the construction, development
and operation of the development, 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 (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, water quality vegetative swale 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 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. 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, votes, approvals and /or restrictions necessary to
allow the execution and delivery of this Easement have been undertaken.
By: Russell T. Love, Building Committee Chairman
Hazel Dell Christian Church
Date: 6 `20,44-
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Russell
T. Love Buildin Committee Chairman, who acknowledged execution of the foregoing
Easement for and on behalf of Hazel Dell Christian Church.
Witness my hand and Notarial Seal this
My Commission Expires:
Ate 16, aot (n
Residing in In p ttt iu
ATTEST:
County
ao
day of June, 2014.
Notary Public
L GJ�
Printed Name
•
tel:' 0 _ �j 1 %1
• L'
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard(Mayor
Date: "145
Ap`n B r
Mary ke
Date: /A //-S-
Lo
I
ri'Watson
Date: 1/ t / f
Sandra M Johnson
/7(01 �� Deputy Clerk For
Diana L. Cordray, IAMC, Clerk - Treasurer
Date: i
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in any or said County and State, personally appeared James
Brainard, a member o he City of annel, Indiana Board of Public Works & Safety and
acknowledged execution o .re fo going Easement for and on behalf of City of Cannel, Indiana
Board of Public Works & Saf
Witness my han. and Notan Seal this VI day of b C11d Gtn� , 2015.
My Commission expires:
Notary Public
Residing in
County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Printed Name
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 &•S'afety. -
my 51 day AAVL
Witness m hand and Notarial Seal this �� da of 2(315.
My Commission Expires:
///a //
Residing in y/M /d7o/✓ County
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 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 Cannel Board of Public Works
& Safety.
Witness my hand and Notarial Seal this Si— day of
My Commission Expires: e
Notary Public
, 2015.
Residing in - 1 -(011A County
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
am S
Printed Name
Before me, a 0,ot ublic in and for said County and State, personally appeared 13itrrta^
I_ L— Gerdr�ay—I*M0 tne�C�k Treasurer of the City of Cannel, Indiana and acknowledged
°J ohnSal execution of the foregoing Easement as the Clerk Treasurer of the City of Cannel, Indiana.
Witness my hand and Notarial Seal this � ST day of
My Commission Expires:
c{ 4)-11
Notary Public
2015.
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 —
Prepared by: C C, s?.
Return to:
PIC JOB NO. 090392 -20100
/� REVISED: JUNE 19, 2014
CryDe SHEET 1 OF 2
Archirgheen
In �� WV
ACCESS EASEMENT EXHIBIT
Solaro
Part of the Northwest Quarter of Section 22 Township 18 North, Range 4 East in
Hamilton County, Indiana, more particularly described as follows.
Commencing at the Northwest corner of the Northwest Quarter of said Section 22; thence
South 00 degrees 03 minutes 11 seconds West (assumed bearing) along the West line of
said Northwest Quarter 515.93 feet; thence North 90 degrees 00 minutes 00 seconds
East 80.00 feet to the East line of land described in Instrument No. 9746764, recorded
in the Office of the Recorder of Hamilton County, Indiana and the POINT OF BEGINNING;
thence continuing North 90 degrees 00 minutes 00 seconds East 119.17 feet; thence
South 01 degrees 31 minutes 37 seconds West 75.06 feet; thence South 10 degrees 00
minutes 48 seconds West 77.55 feet; thence South 02 degrees 35 minutes 06 seconds
West 195.61 feet; thence South 09 degrees 42 minutes 42 seconds East 76.43 feet;
thence South 18 degrees 44 minutes 29 seconds East 63.43 feet; thence South 28
degrees 43 minutes 04 seconds East 142.81 feet; thence South 00 degrees 00 minutes
00 seconds East 112.18 feet; thence North 90 degrees 00 minutes 00 seconds East
764.00 feet; thence North 38 degrees 17 minutes 04 seconds East 60.67 feet; thence
North 00 degrees 04 minutes 12 seconds West 268.39 feet; thence North 89 degrees 56
minutes 36 seconds East 75.28 feet; thence South 00 degrees 06 minutes 36 seconds
West 25.00 feet; thence South 89 degrees 55 minutes 16 seconds West 50.22 feet;
thence South 00 degrees 04 minutes 28 seconds East 252.06 feet; thence South 38
degrees 17 minutes 04 seconds West 81.48 feet; thence North 90 degrees 00 minutes 00
seconds West 800.12 feet; thence North 00 degrees 00 minutes 00 seconds East 131.03
feet; thence North 28 degrees 43 minutes 04 seconds West 138.76 feet; thence North 18
degrees 44 minutes 29 seconds West 67.42 feet; thence North 09 degrees 42 minutes 42
seconds West 80.91 feet; thence North 02 degrees 35 minutes 06 seconds East 199.76
feet; thence North 10 degrees 00 minutes 48 seconds East 77.33 feet; thence North 01
degrees 31 minutes 37 seconds East 48.63 feet ; thence North 90 degrees 00 minutes
00 seconds West 94.55 feet to the East line of and described in said Instrument No.
9746764; thence North 00 degrees 03 minutes 11 seconds East 24.00 feet along said
East line to the Point of Beginning, containing 1.143 acres, more or less.
Subject to all legal easements, rights of way, and restrictions of record.
3939 PRIORITY WAY SOUTH DRIVE, SUITE 200 INDIANAPOLIS, INDIANA 46240
)317) 844 -6777 E -Mail cripe @cnpe.biz
• ARCXRECTURE. • ECRUELLEMIT PLANNING • INTERIOR DESIGN • CIVIL ENGINEERING • LAND PLANNING • LAND SURVEYING • GIS • OWNERS REPRESENTATION
Cr pe
ArdHtects. Engineers
SokaaayDS 9na1SW
PIC JOB NO. 090392 -20100
REVISED: JUNE 19, 2014
SHEET 2 OF 2
ACCESS EASEMENT EXHIBIT
N.W. COR., N.W. 1/4,
SEC. 22, 1.18N., R.4E.
POINT OF COMMENCEMENT
N 90'00'00" E
80.00'
POINT OF BEGINNING
5 00'03'11" W
80'
en
G
S.W. COR., N.W. 1/4,
SEC. 22, T.18N., 8.4E.
HAZEL DELL CHRISTIAN CHURCH INC.
INST. NO. 200400041697
ACCESS EASEMENT
49808 S.F.
1.143 AC.±
N 90'00'00" E 764.00'
'1Z ZO7907Z27Z2Z1Z O71111T 1
97
N 00'00" W 80012' '
LINE
BEARING
DISTANCE
L1
N 90'00'00" E
119.17'
L2
S 01'31'37" W
75.06'
L3
5 10'00'48" W
77.55'
L4
5 02'35'06" W
195.61
L5
5 09'42'42" E
76.43
L6
5 18'44'29" E
63.43
L7
5 28'43'04" E
142.81'
L8
5 00'00'00" W
112.18
L9
N 38'17'04" E
60.67'
L10
N 89'56'36" E
75.28'
L11
5 00'06'36" W
25.00
L12
5 89'55'16" W
50.22
L13
5 38'17'04" W
81.48'
L14
N 00'00'00" E
131.03
L15
N 28'43'04" W
138.76»
L16
N 18'44'29" W
67.42
L17
N 09'42'42" W
80.91
L18
N 02'35'06" E
199.76
L19
N 10'00'48" E
77.33`1
L20
N 01'31'37" E
48.63
L21
N 90'00'00" W
94.55`
L22
N 00'03'11" E
24.00'
0
L10
100 200
400
50 150 350
SCALE: 1" =200'
3939 PRIORITY WAY SOUTH DRIVE, SUITE 200 INDIANAPOLIS, INDIANA 46240
(317) 844 -6777 E -Mail cripe@Ocripe.biz
• ARCHITECTURE • EOUPWEN1 PUNNING • INTERIOR DESIGN • CIVIL EN0 EERIIG • LAND PLANNING • LAND SURVEYING • GIS • OWNER'S REPRESENTA1ON
January 9, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
�IUL-hU n o n uCIUIt
0
0
0
0
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11
CITY .OF CARMEL
J.v:Mus BRAINARD, MAYOR
RE: HAZEL DELL CHRISTIAN CHUCH — GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT
EASEMENT
Dear Board Members:
Mr. Russell Love, Building Committee Chairman for Hazel Bell Christian Church, has requested the City
accept a Grant of Perpetual Storm Water Quality Management Easement associated with the
development of the Hazel Dell Christian Church located on Hazel Dell Parkway. (Part of Section 22,
Township 18 North, Range 4 East).
The easement, required for stormwater management access, consists of 1.143 acres.
Attached are the required Grant of Easement forms signed by petitioner. The Department of
Engineering has reviewed the attached forms and found them sufficient for Board signatures.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS
S: \BPW 15MISC \HAZELDELLCHU RCHGRANTOFEASEMENT.DOC
DrrARTNIEnr oI= EINGINr- EIENc;
ONE CIVIC S«eAiti;. CAIOIaL, IN 46032 OFFICC 317571.2441 FAX 31757! 2439
EMAIL unginccdnOcurmcl.in,guc