131st - Hazel Dell - Northview Church2015048955 EASE $24.00
09/17/2015 03:00:39PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111
Cross Reference to Deed: Instr. #8515410; Book 351 Page 952
GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT
This easement (the "Easement") is by and between the Northview Christian Life Church, Inc.,
(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
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 add additional parking spaces on the Real Estate and, in
connection with the construction, development and operation of the infiltration trench and rain garden,
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. Also, those portions of Real Estate improved, existing and future,
with hard surface pavement extending from either 131' Street or Hazel Dell Parkway leading to the area
described within Exhibit "A" (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, native plantings
(plugs) 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 Storni 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, voles, approvals and/or restrictions necessary to allow the execution and
delivery of this Easement have been undertaken.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
By
Date:
dorS
Signature
/44;01,t 3 CVKI/
Printed
Before me,
�a+Notary Public in and for said County and State, personally appeared
041-6114e. 1 (Teta] (, who acknowledged /executioon of the foregoing Easement for
r and /� �,p�
on behalf of /AJ01Q• 6;&,..) l..1/Il�.is4 1u tt f 1 Await dka ,Uot#to;ai attack
Witness my hand and Notarial Seal this <2-g day of fU9Gt &7 , 20 /?
M Commi sion Expires:
Lust D1/ aoaa-
Residing in flavor /7 County
ATTEST:
ublic
3esStc_a
ESSICA FARSON
•woika. �% Notary Public, State of Indiana
•+Eat ; If
County
•`
Commission 656458
0,2;0.O`,,
August 04. 2022
My Commission EH Aires
Printed Name
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Date: /
44andra M Johnson
uty (Diana L. Cordray, IAMC.reasurer Clerk For
Date: % /i //
STATE OF INDIANA )
) SS:
COUNTY OF HAINi,
Before me, a Notary Pub 'it-iu d for said Co t nd State, personally appeared James Brainard, a
member of the City of Carmel, Indiana Baars 'ub/ic Works & Safety and acknowledged execution of the
foregoing Easement for and on behalf of • ofCarn : Indiana Board of Public Works & Safety.
Witness my hand • • otarial Seal this day o , 20 .
My Commission
Resid' • • in County
7
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 Maly Amt 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:
Residing in ,�-F(p,14.1) tttCounty
STATE OF INDIANA
)
COUNTY OF HAMILTON
SS:
to+h
day of
Notary Public
,210
iv �'CGuu c�a.�
conn ht_
✓i S
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 Carmel Board of Public Works & Safety.
�iy11111
Witness myhand and Notarial Seal this
{ day of �' . 20
My Commission Expires:
Residing in •'1"rkall / I UlCounty
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON
Notary Public
ani .lea LAS
Printed Name
6.nel Trs lahrtsen
QR� Before me, a Notary Public in and for said County and State, personally appeared Di•ur•. L_Cerdr._,,,
/erk Treasurer of the City of Cannel, Indiana and acknowledged execution of the foregoing Easement
as the Clerk Treasurer of the City of Carmel, Indiana.
GkN
Witness my hand and Notarial Seal this day of
af-mbe , 20
My Commission Expires:
/f/n/ 7
Residing in
NA IN\County
Notary Public
C'ann. bas
Printed Name
Pursuant to IC 36-2-11-15(6)(2), 1 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:
Return to:
Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, IN 46032
t L\Vte- 5 uAoE"/CAY2M6L,/AJ Y6o3a AST»: RI Aito%t.Jrey
EXHIBIT "A"
STORMWATER EASEMENT
PREPARED BY:
CRUSSROAU;
IE NGI N E E 115'' PC
Transportation &
Development Consultants
>.° xww m. aax CCM 114101 1+'17.1565
AUGUST 24, 2015
SHEET 1 OF 2
NE CORNER 5EY4
S28-T18N-R4E
131st STREET
I— NORTH LINE OF 5EY4 J/
528-T18N-R4E
NORTHVIEW CHRISTIAN
LIFE CHURCH INC.
INSTR.#8515410
DEED BK 351 PG 952
�STORMWATER
EASEMENT
LOCATION
W
wt E
=c
CN
HN
W
20
=MEM=
20 40
SCALE 1 = 40'
131st STREET
NE CORNER SEY4/
528-T18N-R4E
_1108.20'_
S89°37'45"W
S00°22'15"E
HAZELDELL PARKWAY
_J THIS PLOT WAS PREPARED FROM ALTA/ACSM
L.T.S. PREPARED BY COOR CORPORAPON DATED
APRIL 28, 2003. THE EASEMENT IS SUBJECT TO
PROPERTY KEYMAP ANY INCONSISTENCIES RTHAT AGOTHER
SURVEY MIGHT REVEAL
NOT TO SCALE
HATCHED AREA 15 THE APPROXIMATE
AREA FOR STORMWATER EASEMENT
CITY:
SECTION: 28
DRANK BY: CMC
REVISIONS
COUNTY: HAMILTON
TOWNSHIP: 18 NORTH
CHECKED BY: TEN
ADDITION:
RANGE: 4 EAST
DATE: 08/24/15
EXHIBIT "A'
STORMWATER EASEMENT
BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 4 EAST, IN
HAMILTON COUNTY, INDIANA, described as follows:
Commencing at the Northeast Corner of said Quarter Section; Thence South 00 degree 22
minutes 15 seconds East, along the East line of said Quarter Section, a distance of 1087.68
feet; Thence South 89 degrees 37 minutes 45 seconds West, a distance of 1108.20 feet to the
PLACE OF BEGINNING; Thence South 65 degrees 10 minutes 39 seconds West, a distance of
109.00 feet; Thence North 24 degrees 49 minutes 21 seconds West, a distance of 76.00 feet;
Thence North 65 degrees 10 minutes 39 seconds East, a distance of 109.00 feet; Thence South
24 degrees 49 minutes 21 seconds East, a distance of 76.00 feet to the PLACE OF BEGINNING.
CONTAINING 0.190 ACRES OR (8284 SQUARE FEET), more or less, and being subject to all legal
easements, rights of way or restrictions of record or observable.
I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that
this description was prepared from information obtained from ALTA/ACSM L.T.S. prepared by
COOR Corporation dated April 28, 2003. No field work was performed; therefore, the property is
subject to any overlaps, gaps, or other inconsistencies that a survey might reveal.
PREPARED BY:
ERDSSROAD'
ENGINEE115`;;P,C
Transportation &
Development Consultants
NnW u Ca BR 0.W. 0 ()i).it 35
AUGUST 24, 2015
SHEET 2 OF 2
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
CITY:
SECTION: 28 DRAWN BY: LMC REVISIONS
COUNTY: HAMILTON
TOWNSHIP: 18 NOR1H
CHECKED BY: RN
ADDITION:
RANGE: 4 EAST
DATE: 08/24/15
‘11:1 al 0 0 0 u[�ul
;000 0 it0 DEB
CITY O ' ARVIEL
JAMES BRAINARD, MAYOR
September 3, 2015
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: NORTHVIEW CHRISTIAN LIFE CHURCH — GRANT OF PERPETUAL STORM WATER QUALITY
MANAGEMENT EASEMENT
Dear Board Members:
Michael Crull, Northview Christian Church, has requested the City accept a Grant of Perpetual Storm
Water Quality Management Easement for the development of an additional parking lot for the church
located at 131st Street and Hazel Dell Parkway. (Part of the N.E. corner, S.E.'1/< of Section 28, Township
18 North, Range 4 East).
The easement consists of 0.190 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 and Law Department have reviewed the attached forms and found them sufficient for
Board signatures.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT FORMS
S:\BPW15\MISC\NORTHVIEWCHURCHGRANTOF STORMWATER EASEMENT.DOC
DEPARTDIENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAx 317.571 2439
EJIAI1. en gi nee ri ng@ca rnicl. i n .gnv