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Carmel Clay School Sewer/Northview Christian Life Church 1988IOMMONWEALTH ENGINEERS, INC. ENVIRONMENTAL ENGINEERS & CONSULTANTS February 24, 1988 Honorable Dorothy J. Hancock, Mayor City Hall 40 East Main Street Carmel, Indiana 46032 RE: Hamilton -Western Utilities Dear Dottie: Beau Wilfong called this afternoon wanting a copy of a map showing the City's sewer system. In discussion it came out that he is looking to possibly serve more area south of 146th Street, possibly even south of 136th Street and west of Springmill Road. He is interested in a third discharge and metering point such as the old North Plant. I mentioned to him that the City has a casing under U.S. 31 that may have room for another pipe in it. I also told him that I would be cautioning everyone not to forget the North-South Interceptor has limitations. When I asked him if he had decided on how much capacity he wanted he said that it would depend on when he had to pay, i.e. the longer he has to pay the more capacity he will want. Whenever you have time to discuss this I would appreciate a few minutes. Very truly yours, COMMO "ALTH ENGINEERS, INC. Wi Donal..rR. Silvey, P.E. DRS/djw 710 Executive Park Drive P.O. Box 406 Greenwood, Indiana 46142 (317) 888-1177 8770 Guion Road Suite P Indianapolis, Indiana 46268 (317) 872-1177 COMMONWEALTH ENGINEERS, INC. ENVIRONMENTAL ENGINEERS & CONSULTANTS February 24, 1988 Honorable Dorothy J. Hancock, Mayor City Hall 40 East Main Street Carmel, Indiana 46032 RE: Carmel -Clay School Sewer Northview Christian Life Church Easement Dear Dottie: I called Steve Andrews about Bob Campbell's requested use of the easement granted to the City by Northview Christian Life Church. Steve agreed there is no problem, but recommended the approval be from the Board of Works and Safety. Accordingly I have drafted a letter for your signature indicating that the Board has approved the use of the easement, which could be sent after the March 7th meeting. I have also contacted Bob to assure that this will meet their schedule. Enclosed are copies of the letter received from Bob, a copy of the School's plans in the area they would be crossing the easement, and the draft letter for your review. If I can be of any assistance please give me a call. Very truly yours, COMMONW iy TH ENGINEERS, INC. Donald R. Silvey, P.E. DRS/djw enclosures CC: 710 Executive Park Drive P.O. Box 406 Greenwood, Indiana 46142 (317) 888-1177 Mr. Stephen Andrews, City Attorney (w/enc) 8770 Guion Road Suite P Indianapolis, Indiana 46268 (317) 872-1177 February 24, 1988 Roger Harper, Director of Business Carmel Clay School 5201 East 131st Street P.O. Box 2099 Carmel, Indiana 46032 RE: Northview Christian Life Church Easement Dear Mr. Harper: Pursuant to the request by your attorneys, the Board of Public Works and Safety has approved the construction of the school's off-site sanitary sewer within the easement granted to the City of Carmel by the Northview Christian Life Church, Inc. on April 9th, 1986. This easement is twenty feet in width and approximately 1902 feet in length, with its northeast corner being the northeast corner of the southeast quarter of Section 28, Township 18, Range 4E. This approval is premised on the school's contractor and school being responsible for all responsibilities and liabilities for restoration and actions associated with entering the property, and acceptance of the sewer into the City's system upon completion of construction. We appreciate your following through and assuring that easement is properly recorded. Sincerely, Dorothy J. Hancock, Chairman Board of Public Works and Safety DJH/mub 5-1- r4PL nada nevi oz't7+7L * *ATIS 01.1,+L 'A312 'A I 7 9°992 '< /0992 9°992 7:1 ddd- 6°994 1 9 - 992 N -oo 9°792-\ l°99L ,voiLy.7o7 17P3l�csH� l -Y o.7. dy i ------- /,1a'3d2dd /? v/7,,/,) / 8'95'2 7S'� ivavLs6:Y/1J /1-9i^ /1lei- o/�/ I < 2°k,92 , °S ;, / 97792. 1°991 `•Z`992 - f'991 5°892 Z°992 _ _ Zp-17 '°N a13HN11k 1°992 90992 C9 L 2.5 -1---------- FRANK W. CAMPBELL JOHN M. KYLE JOHN D. PROFFITT ROBERT F. CAMPBELL DOUGLAS B. FLOYD JEFFREY S. NICKLOY WILLIAM J. HUGHES CHRISTINE CRULL ALTMAN DEBORAH L. FARMER J. BRADLEY COOK WILLIAM E. WENDLING.JR. CAMPBELL KYLE PROFFITT ATTORNEYS AT LAW February Mr. Don Silvey COMMONWEALTH ENGINEERING 8770 Guion Road Suite P Guion Indianapolis, Indiana 46268 18, 1988 RE: Carmel Clay Schools/Sewer Dear Don: RECEIVED FEB 19 1988 Commonwealth Engineers, Inc. Easement 198 South 9th Street P.O. Box E Noblesville, Indiana 46060 (317) 773-2090 650 East Carmel Drive Suite 400 Carmel, Indiana 46032 (317) 846-6514 Please reply to Carmel office As you know, Carmel Clay Schools has recently mailed out easement offering letters to the property owners impacted by the off-site utility construction which the school is undertaking pursuant to the terms of its agreement with the Carmel Board of Public Works. One of the easements we needed to secure was that of the Northview Christian Life Church. The Church brought to our attention the fact that it had already granted an easement to City of Carmel (copy enclosed) and did not understand why the school was in need of a duplicate easement. The easement to the City was never recorded and therefore there is no way that the School could have known about this earlier conveyance. I suspect that neither you nor Steve Andrews has ever seen the enclosed document which was prepared by E. Davis Coots. will last have sent that with If this Grant of Easement is satisfactory to the City, then I advise the School to withdraw its offering letter made week to the church. It is apparent that the School does not the authority to accept this arrangement without your con - inasmuch as the form of the executed easement differs from of the easement identified as Exhibit "A" on our contract the City. D. Silvey February 18, 1988 Page 2 In summary, if you find the enclosed Easement sufficient, then all we need is a letter from the City acknowledging the same and authorizing the School to use the existing Easement granted to the City for purposes of fulfilling its obligations under the February 15th Agreement. pa enc. cc: Thank you for your assistance and cooperation. Very truly yours, CAMPBELL KYLE PROFFITT R. Harper S. Moore S. Andrews D. Hancock Robert F. Campbell CAMPBELL KYLE Ptkorrn 1 GRANT OF EASEMENT THIS INDENTURE WITNESSETH THAT, for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficien- cy of which are hereby acknowledged, Northview Christian Life Church ,Inc. , ("Grantor") does hereby GRANT, QUIT- CLAIM AND CONVEY to the CITY OF CARMEL, INDIANA, its successors, assigns and contractors ("Grantee"), upon all of the terms, provisions and conditions set forth, a nonexclusive right-of-way and easement on, along, in, through and under the real estate in Hamilton County, Clay Township, State of Indiana, which is more particularly described on "Exhibit A" attached hereto and in- corporated by reference (the "Easement Parcel") for the installa- tion, laying, use, repair, replacement, operation, maintenance and renewal of sanitary sewer mains, lines and necessary appurte- nances as part of the Grantee's municipal sanitary sewage dispos- al system, together with a right of entry thereto and thereon for the following purposes. Additionally, Grantor grants to Grantee a temporary easement twenty (20) feet in width immediately adja- cent to the above-described parcel, such temporary easement for construction purposes only and which temporary construction ease- ment shall expire upon the completion of installation of the sewage line and its appurtenances. This grant is made by Grantor and accepted by Grantee upon the following terms, provisions and conditions: 1. Grantor expressly reserves to itself, and its grantees, successors and assigns, and others to whom Grantor may grant rights or easements, the right to use the Easement Parcel for any and all purposes and uses not inconsis- tent with the foregoing grant to Grantee, including without limitation the right to install, use, maintain, repair and replace walls, fences, paving, sidewalks, curbing, drains, landscaping, driveways, pipes, tiles, sewers, poles, wires, conduits and other utility ser- vices, facilities and equipment in, along, over, across, through or under the Easement Parcel, provided that no permanent buildings will be located on or over said Grantee's facilities as the same are or have been in- stalled by Grantee under the surface of the Easement Parcel pursuant to this Grant of Easement. 2. All installations made by Grantee pursuant to this in- strument shall be located entirely underground and no above ground installations, structures or appurtenances shall be permitted (other than manhole covers which are level with the existing grade of the Easement Parcel), without the further approval of Grantor. 3. Grantee shall be responsible at its cost and expense to maintain and repair any sanitary sewage disposal facili- ties installed in the Easement Parcel. Immediately after the initial instaiiacion of any iaciiities in and under the Easement Parcel, and immediately after any repair, replacement or maintenance of the facilities, Grantee shall restore the Easement Parcel (both sub- surface and surface) to as near as possible the condi- tion the Easement Parcel was in immediately prior to such installation, repair, replacement or maintenance, whether such condition is as now existing or as the same may be improved by Grantor in accordance with Grantor's rights reserved by this agreement; by way of example of the foregoing, but not in limitation of the generality thereof, such restoration of the Easement Parcel shall be deemed to include the proper filling and compaction of the sub -surface area disturbed by such installation, repair, replacement,. or maintenance and the repair, replacement or restoration of the Easement Parcel (both sub -surface and surface) and any improvements or better- ments located thereon as permitted by this agreement. 4. All costs and expenses incurred in connection with or relating to both the initial installation of the any facilities by Grantee and any subsequent use, repair, replacement or maintenance of the same and in connection with or relating to the restoration of the Easement Parcel as required shall be born and paid by Grantee at its sole cost and expense and Grantee shall, and hereby agrees to indemnify and hold Grantor free and harmless of, and defend Grantor against any loss, cost, damage and expense and any claims, demands, actions, causes of actions, judgments, litigation and proceedings of all kinds in connection therewith (including, without limi- tation, personal injury and property damage claims). 5. All of the terms and provisions of this instrument shall be binding upon and shall inure to the benefit of Grant- or and Grantee and their respective grantees, heirs, successors and assigns and shall be and remain covenants running with the Easement Parcel. 6. If any of the terms, provisions, covenants, agreements, conditions, limitations, restrictions, reservations and exceptions contained in this instrument, or the applica- tion thereof to any person or circumstance, shall to any extent be determined by a court of competent jurisdic- tion of final appeal to be invalid or unenforceable, the remainder thereof, or the application thereof to persons or circumstances other than those as to which it is so determined to be invalid or unenforceable, shall not be affected thereby, and each term, provision, covenant, agreement, condition, limitation, restriction, reserva- tion and exception contained in this instrument shall be valid and enforceable to the fullest extent permitted by law. Grantor certifies that there is no Indiana gross income tax due or payable in connection with this conveyance. IN WITNESS WHEREOF, Grantor has executed this instrument this 9th day of April , 1986. "GRANTOR" Northview Chr_st'an Life Church, Inc. 2 61^'`5 I -President _ ec.-T ensurer STATE OF INDIANA SS: COUNTY OF Hamilton Before me, a Notary Public in and for said County and State, personally appeared Mamas Paino III and Don Robinson who acknowledged the execution of the foregoing Grant of Ease- ment. Witness my hand and Notary Seal 9th day of April , 19 My Commission Expires: JI - /,3 - 73 My County of Residence: detd( tad0 Public Robert J. Fink Printed Name This instrument was prepared by E. Davis Coots, attorney at law. Exhibit "A" 101.116111.161 -task /"rs'eV' ea`, z9/4' v,,,.j .11. Give, .TE. sae see. al•/e-✓f - •- /d4c / Orec /en! 7' ) A8••a.A pert of the Eouth..at garter of Section Twenty-eight (28), Township Eighteen (18) North, Pant. Poor (A) Last, described es folloesa Beginning et. the Northeast Corner of the Southeast Quarter (1/4) of See tion Twenty-eight (28), Township Eighteen (18) Porth, Pang. four (4) East, ramming theme• South on the East line of said Porter Section Nineteen 8undred and two (1902.0) feet, thence Meet Eighteen hundred fifty-nto• and seven tenths (1859.1) bet, thence North Nineteen hundred end ten (1910.0) feet to the North line of said Quarter Section, thence last on the North line of maid Quarter Section Eighteen Hundred seventy-two and eight tenth. (1892.8) feet to the place of b.rmslno containing El/hely-on. and 413[V -eta hundredths (81.66) scr.m pr. or Lsai SANITARY SEWER EASEMENT 20' by parallel lines across the entire East side of the above described tract. vI r•. P4" 4 -retort -a' s9w OEd o,o/i6.(r CO. Came , /not ono roe No. 6S-/147 nnenN S'DB CLVECKI WEIHE ENGINEERS INC. Ei 10505 N. COLLEGE AVENUE INDIANAPOLIS, INDIANA 46280 ICI 311-806-6611 CIVIL ENGINE f Ns AIMsWNve +o,s ,ANPrL VIEWns le At L*N N •EIRE, P L. U. reCSI0CNT