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HomeMy WebLinkAboutMarathon Ashland Pipe Line/ParksClermont Area MARATHON ASHLAND Pipe Line LLC LICENSE AGREEMENT November 11, 2003 9322 West 30th Street Indianapolis, IN 46234 Telephone 317/291-9460 Fax 317/291-9777 11--452-010-092' City of Carmel Board of Public Works James Brainard, Mayor One Civic Square Carmel, IN 46032 APPROV~Y~ ~ TO FORM B~"/Y'~ Dear Mr. Brainard: This letter is written in response to your planned construction of a gravel driveway and canoe launch and other utilities ("Encroachments") being placed within the Rio 8" pipeline easement area. The Encroachments will maintain the required 4' (four feet) of vertical cover over the pipeline. The driveway will be on the northern part and canoe launch will be on eastern end of the City Park easement on Marathon Ashland Pipe Line LLC's ("MAPL") easement area located at: Hazel Landing Park, S ½ SE ¼, Sec. 4 and SW ¼ SW ¼, Sec. 3, all T-17-N R4-E, Delaware Twp. Hamilton Co. Indiana. MAPL will permit this Encroachment on its easement provided the City of Carmel and its Board of Public Works, its successors or assigns acknowledge that this is an encroachment and agree to hold harmless MAPL and its affiliates and contractors fi:om any costs or liability should MAPL, its affliat~s, or its contractors ever damage or destroy any such encroachments in the course of the operation or maintenance of the pipeline. MAPL agrees to contact the City of Carmel Board of Public Works as soon as possible prior to any entry of the property unless in the case of an emergency. Please sign this letter in the presence of a notary public and two additional wimesses and remm the original to this office. I will have agreement recorded and returned a copy for your files. Thank you for your cooperation. If you have any questions, please feel free to contact this office. Regards, I Terry L. Thompson Advanced Land Agent Marathon Ashland Pipe Line LLC License Agreement Agreed to By: City of Carmel Board of Public Works ~ignitare) James Brainard (Printed Name) Mayor (Title) WITNESSED BY: (Witn~s~l Signamr~) Ma~ Ann Burke (Witne~-l~'ri~ed N/am~ ~ri W~tson (~ll~ess #2 Printed Name) State of hadiana }ss County of Hamilton} The foregoing insmmaent was acknowledged before me this ["] ~day of ~ ¢~.0%~ 2003 by James Brainard, Mayor of the City of Carmel. Who acknowledge execution of the foregoing instrument on behalf of the City of Carmel and its Board of Public Works, and having been first duly sworn, stated that the representations therein are tree. commission exp~¢s.'C~&t SC q'~ ! 20 i 0 My (Printed Name) Prepared by: J.W. Gearheart, Attorney, 539 South Main Street, Findiay, Ohio 45840 COPY December 19, 2003 Terry L. Thompson Marathon Ashland Pipe Line LLC 9322 West 30th Street Indianapolis, IN 46234 RE: Agreement for Purchase of Goods and Services City of Carmel, Department of Utilities No. 1217.03.03 Dear Terry: On December 17, 2003, the Board of Public Works and Safety approved the above-referenced Agreement to the Encroachment and it's conditions. Enclosed is a fully executed original for you to file with the appropriate agency. We will need a copy of the recorded document with the instrument number, for our files. We appreciate your cooperation. If you have any questions or concerns, please do not hesitate to contact me at 317.571.2628. Thank you for your attention to the above-referenced matters. Sincerely, Sandra Johnson Deputy Clerk-Treasurer Enclosures