106th/Storm Water Mgmt/Pilgrim Lutheran Church t APPROVED
Cross Reference to Deed: Instrument number 2011022623 recorded with the Recorder of
Hamilton County, Indiana.
P GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT �.�frto
V 6
This easement (the "Easement is by and between the Pilgrim Lutheran Church of
Indianapolis, Inc, an Indiana non -profit corporation, (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 construct a church (the "Church on the Real Estate and, in
connection with the construction, development and operation of the 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. 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, 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.
2012005137 EASEMENTS $25.00
02/01/2012 09:10:17A 7 PG5
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
I IIIII I I II I I I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III
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 Storrn 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. h1 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.
THE PILGRIM LUTHERAN CHURCH OF IND. ANAPOLIS, INC.
By Sefrq
A, Montgome 1.-" Daattee: /O/ //2-X) t
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Daniel
Montgomery, the President of the Pilgrim Lutheran Church of Indianapolis, Inc., an Indiana non-
profit corporation, who acknowledged execution of the foregoing Easement for and on behalf of
said the Pilgrim Lutheran Church of Indianapolis, Inc., an Indiana non -profit corporation.
Witness my hand and Notarial Seal this /9 day of defe/e/ 2011.
y Commission Expires:
611' /6 N otary Pu ic
7
T., LEONARD Printed Name
Hamilton County
:NOTARY'.
s s 4 41 My Commission Expires
.'%115;., November 15, 2017
CITY OF CARMEL BOARD OF PUBLIC WORKS SAFETY
Ilo-rr-?Sen 7
James Brainard, Mayor
Date: 9--z1-/ I
272
1
Mary A B ke
Date:
Dori atson
Date: II----, 0 ti
ATTEST:
Tana L. Cordray, I .i C. Clerk- Treasurer
Date: a*
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me. a N Public in and for said County and State, personally appeared James
Brainard, a mei b r of the City of Carmel, Indiana Board of Public Works Safety and
acknowled execution of the foregoing Easement for and on behalf of City of Carmel, Indiana
Board ublic Works Safety. ,p T Presto f
Witness my hand and Notarial Seal this ,2,3 day of -51E/ 2 4M 2011.
My Commission Expires: C
y C
P
1 f //Phi Notary Public
Residing in f1,4- /xT4J County e 41jN 4V /5
Printed Name
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
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 e Si I day of 7 e r 2011.
My Commission Expires:
Notary Public
Residing in {4- kip County C Q/►/) OCC i/(S
Printed Name
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 2i day of .mb-2j 2011.
My Commission Expires: e. 2a,.A.-c-
YfiS Notary Public
Residing in th dloz1 County C a.nn 1)Q iS
Printed Name
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a Notar; ublic in and for said County and State, personally appeared D4a
5tAn� lie�`'k Treasurer of the City of Carmel, Indiana and acknowledged
execution of the foregoing Easement as the Clerk Treasurer of the City of Carmel, Indiana.
i
Witness my hand and Notarial Seal this c2! day of 117 b--e.K 2011.
My Commission Expires: -r., /l7` -e--)
balkh Notary Public
Residing in /)l f f �7jl County CSC -/J /1 v is
--I Printed Name
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
Charles D. Frankenberger
Prepared by: Charles D. Frankenberger, NELSON FRANKENBERGER, 3105 East 98
Street, Suite 170, Indianapolis, IN 46280, Phone (317) 844 -0106.
Return to: Charles D. Frankenberger, NELSON FRANKENBERGER, 3105 East 98
Street, Suite 170, Indianapolis, IN 46280, Phone (317) 844 -0106.
H \Beck\ \Zoning K Real Estate Nlatters\Pilgnm Lutheran Vat SU\Spectal Use and DSV\E semenL\Dnnage Easement Resisted does
LOCATION: H: \2009 \w090542\ survey Easements& Exhibits \w090542W0easements.dwg
DATE /TIME: April 13, 2011 1:49pm
PLOTTED BY: cartere
EDIT "A"
Page l of 2
Part of the East Half of the Southeast Quarter of Section 6, Township 17 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of said Southeast Quarter; thence South 89 degrees 38 minutes 51
seconds West (assumed bearing) along the South line of said Quarter 434.78 feet; thence North 00 degrees 21
minutes 09 seconds West 40.00 feet to the Southeast corner of a tract of land as described in Instrument
Number 2002072725 in the Office of the Recorder in Hamilton County, said point also being the Southeast
corner of the right -of -way take as described in Instrument No. 2010024898 in said Recorder's Office; thence the
next three (3) courses being along the East and North lines of said right -of -way; 1) North 00 degrees 00
minutes 54 seconds West 10.00 feet; 2) South 89 degrees 38 minutes 51 seconds West 373.44 feet; 3) North
80 degrees 19 minutes 46 seconds West 34.19 feet to the POINT OF BEGINNING;
thence North 00 degrees 21 minutes 09 seconds West 65.00 feet; thence North 89 degrees 38 minutes 51
seconds East 21.69 feet; thence South 56 degrees 31 minutes 55 seconds East 20.12 feet; thence North 89
degrees 38 minutes 51 seconds East 40.79 feet; thence North 55 degrees 49 minutes 37 seconds East 50.55
feet; thence North 89 degrees 38 minutes 51 seconds East 99.67 feet; thence South 34 degrees 10 minutes 23
seconds East 12,92 feet; thence South 79 degrees 10 minutes 23 seconds East 28.06 feet; thence North 55
degrees 49 minutes 37 seconds East 83.63 feet; thence North 10 degrees 49 minutes 37 seconds East 65.06
feet; thence North 68 degrees 47 minutes 27 seconds West 35.58 feet; thence South 10 degrees 49 minutes 37
seconds West 38.37 feet; thence South 34 degrees 10 minutes 23 seconds East 14.14 feet; thence South 10
degrees 49 minutes 37 seconds West 19.81 feet; thence South 55 degrees 49 minutes 37 seconds West 59.99
feet; thence North 79 degrees 10 minutes 23 seconds West 14.14 feet; thence North 34 degrees 10 minutes 23
seconds West 18.85 feet; thence North 79 degrees 10 minutes 23 seconds West 83.98 feet; thence South 55
degrees 49 minutes 37 seconds West 86.01 feet; thence South 89 degrees 38 minutes 51 seconds West 15.14
feet; thence North 34 degrees 10 minutes 23 seconds West 49.63 feet; thence South 89 degrees 38 minutes 51
seconds West 8.36 feet; thence South 00 degrees 21 minutes 09 seconds East 30.03 feet; thence South 89
degrees 38 minutes 51 seconds West 22.00 feet; thence North 00 degrees 21 minutes 09 seconds West 41.40
feet; thence North 55 degrees 49 minutes 37 seconds East 38.73 feet; thence South 34 degrees 10 minutes 23
seconds East 10.00 feet; thence North 55 degrees 49 minutes 37 seconds East 46.00 feet; thence North 34
degrees 10 minutes 23 seconds West 10.00 feet; thence North 55 degrees 49 minutes 37 seconds East 16.04
feet; thence South 34 degrees 10 minutes 23 seconds East 10.00 feet; thence North 55 degrees 49 minutes 37
seconds East 50.00 feet; thence North 34 degrees 10 minutes 23 seconds West 10.00 feet; thence North 55
degrees 49 minutes 37 seconds East 13.16 feet; thence South 34 degrees 10 minutes 23 seconds East 10.00
feet; thence North 55 degrees 49 minutes 37 seconds Eost 31.00 feet; thence North 34 degrees 10 minutes 23
seconds West 10.00 feet; thence North 55 degrees 49 minutes 37 seconds East 46.39 feet; thence South 34
degrees 10 minutes 23 seconds East 10.00 feet; thence North 55 degrees 49 minutes 37 seconds East 137.50
feet; thence North 34 degrees 10 minutes 23 seconds West 10.00 feet; thence North 55 degrees 49 minutes 37
seconds East 16.01 feet; thence South 34 degrees 10 minutes 23 seconds East 10.00 feet; thence North 55
degrees 49 minutes 37 seconds East 32.00 feet; thence North 34 degrees 10 minutes 23 seconds West 20.00
feet; thence South 55 degrees 49 minutes 37 seconds West 428.95 feet; thence South 89 degrees 38 minutes
51 seconds West 28.35 feet; thence North 45 degrees 00 minutes 12 seconds West 28.01 feet; thence North 23
degrees 34 minutes 59 seconds West 26.15 feet; thence North 04 degrees 03 minutes 01 seconds East 19.87
feet; thence North 25 degrees 58 minutes 53 seconds East 20.34 feet; thence North 33 degrees 54 minutes 02
seconds West 24.80 feet; thence North 55 degrees 49 minutes 37 seconds East 446.15 feet; thence North 34
degrees 10 minutes 23 seconds West 25.00 feet; thence South 55 degrees 49 minutes 37 seconds West 449.48
feet; thence South 84 degrees 36 minutes 41 seconds West 6.83 feet; thence South 55 degrees 49 minutes 37
seconds West 127.21 feet; thence South 19 degrees 00 minutes 06 seconds West 36.35 feet; thence South 53
degrees 11 minutes 25 seconds West 39.19 feet; thence South 11 degrees 36 minutes 40 seconds West 67.37
feet; thence South 29 degrees 16 minutes 01 seconds East 19.69 feet; thence North 89 degrees 31 minutes 43
seconds East 162.98 feet; thence South 86 degrees 40 minutes 25 seconds East 37.91 feet; thence North 00
degrees 21 minutes 09 seconds West 66.09 feet; thence North 61 degrees 23 minutes 47 seconds East 13.86
feet; thence North 89 degrees 38 minutes 51 seconds East 12.99 feet; thence South 00 degrees 21 minutes 09
seconds East 110.00 feet; thence South 80 degrees 19 minutes 46 seconds East 20.31 feet to the POINT OF
BEGINNING, containing 1.475 acres more or less.
WEIH 10505 N. College Avenue
�j T Indianapolis, Indiana 46280
weihe.net PERPETUAL DRAINAGE
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ENGINEERS 317 1 846 -6611 EASEMENT
800 1 452 6408 L ►,7 1� 1
Land Surveying I (Iva Engineering 317 843 0546 fa x
Landes Architecture Date: April 13 2011
ALLAN H. WHINE, P.B. I.B. 'RESIDENT
I'
i LOCATION: H:\ 2009 \w090542\ survey \Easements& Exhibits \w090542WQeasements.dwg
DATE /TIME: April 13, 2011 1:48pm
PLOTTED BY: cartere
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS 'I:11 MA
ROUTE SURVEY, T OR ORIGINAL
SURVEYOR LO REPORT Page 2 of 2 Y \A
PILGRIM LUTHERAN CHURCH OF INDIANAPOLIS, INC. EASTERLY LINE OF
INSTRUMENT NO. 2002 -72725 NSTRUMEN7 NO. 2002-72725
ER R
PERPETUAL DRAINAGE EASEMENT
HATCHED AREA 1.475 AC. 1 "r
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L62 L63 r L4 INSTRUMENT N0. 2002 -72725 o
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80 79'46° x o z 5v o
CITY OF CARMEL RIGHT -OF -WAY PER 1.65 34 1 9 S89'38'51 W 373.44' a
INST. N O. 2_010 -24898
DEDICATION OF RIGHT -OF -WAY o 0
HAMILTON CO. BOARD OF COMM. S89 '51 A
INST. NO. 2003 -15157
SW COR., E/2 SE /4 SEC. S OUTH LINE, SE /4 SEC. 6 -TI 7N -R3E 106TH STREET 4 4.78'
6 -T17N -R3E SE COR., SE /4 SEC.
6 -T17N -R3E
NUMBER DIRECTION DISTANCE L19 S 55'49'37" W 86.01' L38 N 55'49'37" E 46.39' L57 S 55'49'37" W 127.21'
L1 N 00'21'09" W 65.00' L20 S 89'38'51" W 15.14' L39 S 34'10'23" E 10.00' L58 S 19'00'06" W 36.35'
L2 N 89'38'51" E 21.69' L21 N 34'10'23" W 49.63' L40 N 55'49'37" E 137.50' L59 S 53'11'25" W 39.19'
L3 S 56'31'55" E 20.12' L22 S 89'38'51" W 8.36' L41 N 34'10'23" W 10.00' L60 S 11'36'40" W 67.37'
L4 N 89'38'51" E 40.79' L23 S 00'21'09" E 30.03' L42 N 55'49'37" E 16.01' L61 S 29'16'01" E 19.69'
L5 N 55'49'37" E 50.55' L24 S 89'38'51" W 22.00' L43 S 34'10'23" E 10.00' L62 N 89'31'43" E 162.98'
L6 N 89'38'51" E 99.67' L25 N 00'21'09" W 41.40' L44 N 55'49'37" E 32.00' L63 S 86'40'25" E 37.91'
L7 S 34'10'23" E 12.92' L26 N 5549'37" E 38.73' L45 N 34'10'23" W 20.00' L64 N 00'21'09" W 66.09'
L8 S 79'10'23" E 28.06' L27 S 34'10'23" E 10.00' L46 S 55'49'37" W 428.95' L65 N 61'23'47" E 13.86'
L9 N 55'49'37" E 83.63' J L28 N 55'49'37" E 46.00' L47 S 89'38'51" W 28.35' L66 N 89'38'51" E 12.99'
L10 N 10'49'37" E 65.06' L29 N 34'10'23" W 10.00' L48 N 45'00'12" W 28.01' L67 S 00'21'09" E 110.00'
L11 N 68'47'27" W 35.58' L30 N 55'49'37" E 16.04' L49 N 23'34'59" W 26.15' 1 1 L68 S 80'19'46" E 20.31'
L12 5 10'49'37" W 38.37' L31 5 34'10'23" E 10.00' L50 N 04'03'01" E 19.87'
L13 S 34'10'23" E 14.14' L32 N 55'49'37" E 50.00' L51 N 25'58'53" E 20.34'
L14 S 10'49'37" W 19.81' L33 N 34'10'23" W 10.00' L52 N 33'54'02" W 24.80'
L15 S 55'49'37" W 59.99' L34 N 55'49'37" E 13.16' L53 N 55'49'37" E 446.15'
L16 N 79'10'23" W 14.14' L35 S 34'10'23" E 10.00' L54 N 34'10'23" W 25.00'
L17 N 34'10'23" W 18.85' L36 N 55'49'37" E 31.00' L55 S 55'49'37" W 449.48'
L18 N 79' 10'23" W 83.98' L37 N 34'10'23" W 10.00' L56 S 84'36'41" W 6.83'
10505 N. College Avenue
�j Indianapolis, Indiana 46280
weibe.net SCALE: 1" 100' PERPETUAL DRAINAGE
ENGINEERS 317 1 846 6611 0 z 100
800 1 452 6408 EASEMENT
Lend Sur 1 OA Engineering 317 1 843 0546 fax
Lampe Architecture Date: April 13, 2011
ALLAN N. WRING, I.0., L.B. -PRESIDENT
1
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