106th at Haverstick - Diocese of Lafayette IndianaCross Reference to Deed:
2015030608 EASE $24.00
06/22/2015 02:14:50PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
Deed Record 329, Page 79, recorded on 12/1' 11111111111111M111IlI1II111111liIDD11111111MMIIIIIIIIID III
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement") is by and between the Diocese of Lafayette Indiana
(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 rtatt.
WITNESSETH THAT:
WHEREA , rantor�"is he owner of the real estate conveyed by the deed identified in the
cross reference above (the "Real Estate");
WHEREAS, Grantor intends to build on the Real Estate and, in connection with the
construction, development and operation of the Addition to St. Elizabeth Ann Seton Church 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. The site contains two storm water quality Best
Management Practice structures (BMP's). The first BMP is an Aqua -Swirl hydrodynamic storm
water filter/manhole on the west side of Seton Drive approximately 750 feet north of 106th
Street. The second BMP is an Extended Dry Detention Basin with Native Bottom located near
the SE corner of the church property at the intersection of 106th Street and W.C. Moffitt
Regulated Drain. The detention basin controls storm water release rates and encourages silt,
sediment, and other debris to settle out of storm water before it is released to the regulated drain.
Both of these BMP structures will be constructed and located within the Easement Area in the
manner and areas or to be located within the Easement Area, in the manner and areas specified in
the Permit. Additionally, both BMP structures, collectively referred to as the "Storm Water
Quality System", shall 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
Cross Reference to Deed: Deed Record 329, Page 79, recorded on 12/15/1981
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENTe
This easement (the "Easement") is by and between the Diocese of Lafayette Indiana
(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 UK -
WITNESSETH THAT:
WHEREA ran orfte owner of the real estate conveyed by the deed identified in the
cross reference above (the "Real Estate");
WHEREAS, Grantor intends to build on the Real Estate and, in connection with the
construction, development and operation of the Addition to St. Elizabeth Ann Seton Church 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. The site contains two storm water quality Best
Management Practice structures (BMP's). The first BMP is an Aqua -Swirl hydrodynamic storm
water filter/manhole on the west side of Seton Drive approximately 750 feet north of 106`h
Street. The second BMP is an Extended Dry Detention Basin with Native Bottom located near
the SE corner of the church property at the intersection of 106`h Street and W.C. Moffitt
Regulated Drain. The detention basin controls storm water release rates and encourages silt,
sediment, and other debris to settle out of storm water before it is released to the regulated drain.
Both of these BMP structures will be constructed and located within the Easement Area in the
manner and areas or to be located within the Easement Area, in the manner and areas specified in
the Permit. Additionally, both BMP structures, collectively referred to as the "Storm Water
Quality System", shall 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 Storni 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 Arca, 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.
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
By6,4440
.Ct,
Date: 5-"Zct'/5
l7 tit. .50-$
BRENDA E. GILBERT
NOTARY PUBLIC
HAMILTON COUNTY
MY COMMISSION EXPIRES
NOVEMBER 2244,.2D22
Before me, a Notary Public in and for said County and State, personally appeared
ANdeemi A A. cjutg t+ who acknowledged execution of the foregoing Easement for and
on behalf of b/ocESt OF IA -it - JM— / Ma�I
Witness my hand and Notarial Seal this a974k ( day of {.C" Gu,. , 2015
My Com
missionExpires:
Residing in County
Notary
3 'Yiet E 614eff
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
1'
James Brainard, Mayor
Date: 54?%/
Mary An Burke
Date: '77
Date: /I7 j
ATTEST:
Sandra M Johnson
Deputy Clerk For
Diana L. Cordray, MC, Clerk -Treasurer
Date: 62-171\5"
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, a member of the City of Carmel, Indiana Board of Public Works & Safety and
acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana
Board of Public Works & Safety.
Witness my hand and Notarial Seal this
My Ckmmission Expires:
Residing in
cnkCounty
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Notary Public
Ilan
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 & Safety.
Witness my hand and Notarial Seal this
My Commission Expires:
//AcP//7 Notary Public
Residing i �.Vld (/ Iounty —PM( j� ‘j LS
day of
e.
t1�
Printed Name
,20($
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
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 ) day of
My Commission Expires:
41/22//7 Notary Public
Vim_
e- aivxj I&cwa )
20 I�
Residing in XIA Alyn fl F3 lr County
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
a_an, IOU ✓� s
Printed Name
son,
Before me, a Notary Public in and for said County and State, personally appeared eta
So-nD��`
�'�-.-I4NIC the Clerk Treasurer of the City of Carmel, Indiana and acknowledged
execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this '14- day of VILA -1%,Q , 20-i5
My Commission Expires:
Residing in Atkikiliar -County
e.
Notary Public
C Q% Ey3L\ tS
Printed Name
Pursuant to IC 36-2-11-15(6)(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 -
Douglas C. Haney
Prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, IN 46032
Return to: `Ieik-- 1k42 (:,Sutr.Q C - \`� �e s, Q telvvA LI (a 0 3 Z
II.1Hnk'V ning&Rea .wm M,ews4'tlF+un L!th ]]\b SIllSryt.J1 Gaud USW went
A
POC
LINE TABLE
A- N00°04'14"E-650.24'
B- N70°49'26'E-218.69'(C)218.62'(D)
C- N34°56'2TE-319.29'(C)319.75'(D)
0- N34°55'32'E-314 49'(C)314.38'(D)
E- N81°56'48"E-249.29'(C)249.00'(D)
F- N81°31'13"E-253.58'(C)253.52'(D)
G- N69°41'35"E-186.2T(C)186,33'(D)
H- S42°42'15 -E -14471'(C)144 06'(D)
--coo 50_0
81 of
z 6
N89°48'02"W
17.46'
N90°00''0"E
0
50
100
150 200
HORIZONTAL SCALE: 1"=100'
589°18'03"E/
yplb 60.17')
a /f'
Part of the West Hall of the Southeast Quarter of Section 5, Township 17
/
North, Range 4 East in Clay Township, Hamilton County, Indiana, desenbee
as follows: -NI
Commenting at NW
e Southwest comer of the Southeast Quarter of Sento 5 N NI
Township 17 North, Range 4 East; thence Naafi 00 degrees 04 minutes 14 Uo L. _
seconds (assumed bearing) East on the West line of said Southeast Quarter Z
650 24 feet to the centerline of an easling sanitary sewer, thence North 70
degrees 40 minutes 26 seconds Easl on said sewer centerline 21869 feet
(21062'deed) to the center point of a manhole cover; theme Norm 34 degrees N89'18'03'W-756.49'(C)75659'(D)
58 minuses 29 seconds East on said sewer cenledine 319 29 feet (31975'
noU
in
to
co
0
0
0
0
0
Z
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S89°48'02"E
50.20'
N89°18'03"W-399.57'
P.03
1
deed) 10 the center point of a manhole cover, mance Norm 34 degrees 55
mutes 32 seconds East on said sewer centerline 314.49 feel (314.38' deed)
N me center point of a manhole cover; thence North 61 degrees 56 minutes 48
seconds East on said sewer cenledine 249.29 feet (249.00' deed) 10 the censer
point of a manhole cover, thence Norm 81 degrees 31 minutes 13 seconds
East on said sewer centerline 253.58 feel (253 5T deed) to me center point of
manhole coved thence North 89 degrees 41 minutes 35 seconds East on 7
said sewer centerline 166 27 feel (186.33' deed) to the center paint of a
manhole cover: thence South 42 degrees 42 minutes 15 seconds East an sate Er
ser centeemngf171
e and prolongation thereof feet (14406' deed) W =
the
East line of me West Hall of said Southeast Quarte[ thence South CO degrees
11 minutes 58 seconds West on said East line 1288.55 feel (1288 17' deed( 0
the south line of said Southeast Quarter, thence along the East line of me
West Half M said Southeast Quaear North 00 degrees 11 minutes 50 seconds
East 570.77 leeuo the point of beginning: thence parallel with said south line
of said Southeast Quarter North 89 degrees 18 minutes 03 seconds West for a
distance 0139957 feet; thence North 00 degrees 23 minutes 43 seconds West
for a distance M 42.67 feet; thence North 45 degrees 11 minutes 58 seconds
East for a distance of 79.31 feel: thence South 09 degrees 18 minutes 03
seconds East fora distance of 60.17 feet; thence North 34 degrees 27 minutes
25 seconds East for a distance of 364.94 feet. thence North 00 degrees 41
minutes 08 seconds West for a distance of 285.88 feel; thence Nor 89
degrees 48 minutes 02 seconds West for a distance of 17.46 feet, thence North
00 degrees 11 minutes 58 seconds East for a distance of 40.00 feet thence
North 90 degrees 00 minutes W seconds Easl for a distance al 50.00 feel;
thence South 00 degrees 00 minutes 00 seconds East fora distance o140.17
leer; thence South 57 degrees 03 minutes 17 seconds East for a distance of
27 80 feet, thence South 00 degrees 11 minutes 58 semnes West o a
distance of 273 23 fee[ thence South 12 degrees 22 minutes 05 seconds West
for a drslance of 111.92 feet; thence South 89 degrees 48 minutes 02 seconds
East for a distance of 5020 feet to sat, East ine of said West ham thence
along said line South 00 degrees 11 minutes 58 seconds West for a distance
of29t 47 feet to the poinn of beginning, containing 2.266 acres. more or less.
D BAki.." ,
5.6is10 F��;
No.
20400029
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BMP EASEMENT
St. Elizabeth Ann Seton Church
Carmel, Hamilton County, Indiana
Page 1 of 1
Date: March 17, 2015
Scale: 1"=100'
Job # 2014-004
JUJUu 0 0 0 uEith
'ODD i, ®0 O E
CITY OF ARMEL
June 9, 2015
JVMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: ST. ELIZABETH ANN SETON CHURCH — GRANT OF PERPETUAL STORM WATER QUALITY
MANAGEMENT EASEMENT
Dear Board Members:
Mr. Andrew Guljas, Diocese of Lafayette Indiana, has requested the City accept a Grant of Perpetual
Storm Water Quality Management Easement for the development of the St. Elizabeth Ann Seton Church
addition, located at 106th Street and Haverstick Road. (Part of the West Half of the Southeast Quarter
of Section 5, Township 17 North, Range 4 East)
The easement consists of 2.266 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 has reviewed the attached forms and found them sufficient for Board signatures.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS
S:\BPW15\MISC\ST.ELIZABETHCHURCHGRANTOF EASEMENT.DOC
DEPARTMENT OF ENGINEERING
ONE Civic SC) RE, CARMEL, IN 46032 OFFICE 3175712441 FAx 3175712439
11 IA11. engi nervi ng®carmel.in.gov