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Home My WebLink About1402 Chase Ct - 5333 E. 146th St. LLCIeb nls\ dL lbeck,iwnmg R real estate matter913p sports. II6200g amnrndeno.em to encroach doe 5l5l1k 1 2008034844 ENCROACHME $31.00 07/02/2008 02:25:03P 11 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented APPROVED AS TO FORM BY CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (the "Agreement is entered into by and between 5333 East 146 Street EEC, an Indiana limited liability company of Hamilton County, Indiana (the "Owner Clarian Health Partners (the "Clarian and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety (the "City WITNESSETI -I: WHEREAS, Owner owns in fce simple certain real estate (the "Real Estate which is more particularly described in Exhibit "A which is attached hereto and incorporated herein by reference, and the Real Estate has a common address of 1402 Chase Court, Carmel, In. 46032. which is located within the corporate limits of the City of Cannel, Indiana; and, WHEREAS the Owner is permitting Clarian to operate within the building that is located upon the Real Estate; and, WHEREAS, pursuant to the official deeds of record recorded in the Office of the Hamilton County Recorder, 5333 East 146 Street LLC. an Indiana limited liability company, obtained title to the Real Estate on May 12, 2005, and has been the current owner of record since said date; and, WHEREAS, Owner wishes to permit Clarian to install: (i) one (1) ground sign (the "Ground Sign and, (ii) various landscape plantings (the `Landscaping on the Real Estate; and all of which shall be collectively referred to as the "Encroachments These Encroachments will encroach into a 20' drainage and utility easement that is more part icularly shown on Exhibit "B which is attached hereto and incorporated herein by reference (the "Easement Area and, WHEREAS, Owner has given the City a sketch depicting the proposed location of the Encroachments within the Easement Area, the proposed location being generally indicated by cross- hatching on the sketch, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "B and, WHEREAS, the Ground Sign will be installed within a portion of the Easement Area shown on Exhibit "B": and the Landscaping already exists within the Easement Area; and, WHEREAS, the Owner. Clarian and City acknowledge the location of the Encroachments; and, WI- IEREAS. the location of the Encroachments as indicated on Exhibit B. should not materially interfere with the City's use of the Easement Area. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: Icb msnrrd h \bcckdnxnng real ovm m mus \bp spans IIcl2 mncnJ'umrnno cncroach d „l01 2 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2. The City consents to the Encroachments for only so long as: (i) the Encroachments exist; and (ii) Owner and Clarian comply with the terms and provisions of this Agreement. 3. Owner and Clarian covenant and agree not to extend, increase, modify, alter, reconfigure or otherwise change any or all of the Encroachments from what is depicted on Exhibit "B 4. Owner and Clarian agree that City shall have the right to remove any portion of the Encroachments as City deems necessary, in City's sole discretion, to install, protect and /or repair any utility lines, sewer lines or drainage ditches located in any or all of the Easement Area, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner and /or Clarian for the cost of any damages thereby caused to the Encroachments. 5. Owner and Clarian agree to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and /or death, and from any destruction and /or damage to any property or improvements, located on the Real Estate, or otherwise, which results directly or indirectly Lie mp „dPIecIsksmng R real sstals mam rs'bp sports IIcQUUx ameo.Lmnsam to cncroacn a« 55 ixl 3 from any action or inaction of the Owner and /or Clarian, their employees, officers, officials, invitees, licensees and /or agents, regarding or related to the Encroachments in the Easement Area. 6. Owner and Clarian agree to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement Area and any improvements located therein caused by the installation, construction, maintenance and /or operation of the Encroachments or due to Owner's and Clarian's other obligations, responsibilities, actions or inactions as set forth herein. 7. Because the Encroachments are also located within a drainage and utility easement, the drainage and utility easement holder has the same rights as the City, as set forth in paragraphs Numbered Four (4), Five (5) and Six (6) above. 8. Owner and Clarian agree to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner and Clarian. Owner and Clarian agree and consent to City recording same, at Owner's and Clarian's sole expense. 9. The parties agree that the teens of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors, assigns and tenants. I�b mss0Jh lbeddzoning real evan III lbp :puns Il620 nx amcare° .n to each ex 4 Date: "CLARIAN" 10. The persons executing this Agreement represent and warrant that they are authorized to Gary Runyon, Partner Clarian Health Partners enter into and execute this Agreement for and on behalf of the party which they represent. This Agreement shall be effective as of the date on which the last party hereto executes same. "OWNER" 5333 East 146 Street LLC, an Indiana limited liability company Sheila J. Ogd n, MSN, RN, Director Clarian Orthopedic Services and Clarian Human Motion Date: 2117_ A £00 leb msuord c bocumenrs and smingsalac, teat senmsshemporan Internet Glci ul6c consent o encroach doe 5 /]9i "CITY" CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Burke, Me lber s c L Lori Watson Djei er Date: by, (up, Diana Cordrav,IAMC, Clerk- Treasurer Date: S a i I O g STATE OF INDIANA COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared,Gary,Runyon. Partner of 5333 East 146 Street LLC, an Indiana limited liability company, by me knO, Nrn,. and who i acknowledged the execution of the foregoing "CONSENT TO ENCROACH" a .,liis or-, aNfolfuntdry acts: (f 6 and deed. 0 Witness my hand and Notarial Seal this day of 42/4/ My Commission Expires: '///1'/o STATE OF INDIANA COUNTY OF (Yl A R100# Before me. a Notary MSN, RN, Director, Clarian acknowledged the execution deed. My Commission Expires: 3 --al -QOt Icb ms..ord c'documen and senines'alam.Weal seines Witness my hand and Notarial GI, consent to cncroach duc :n6, NOTARY PUBLIC Printed Name Printed Name My County of Residence: //gini.r: Public in and for said County and State, personally appeared Sheila J. Ogden, Orthopedic Services and Clarian Human Motion, by me known, and who of the foregoing CONSENT TO ENCROACH, as his or her voluntary act and Seal this ,;2 dav of 1110 20 D �J I. Y NOTARY PUBLIC Aimee, l.. LCtCt N• 28 (.1'• 7.? `ns 1nr+" My County of Residence: "OWNER 5333 Gast 146 Street TLC:. an Indiana limited liability company (3 T Runyon. Fanner Date: 3 /Q, mt, ,oa Iido 19 ell \I CITY OF CARMEL, INDIANA BY AND I'I IROUGI -I [15 BOARD OF I'UI3dIC WORKS AND SAFETY fnes Brainard- Presiding ORicei Date: Af n Burke. iNlen bcr O 4 -a 'Itlry Date: Lori \Vcttsoni e nher Dale: J lO� C: CIAJcl Diana Cordrav -1C. Clerk-1 reasure Date: �S ems/ 20� STATE OF INDIANA COUNTY o y f,6i0'L ss: 13clorc me. a Notary Public in and fix said County and State. personally appeared Gary Rumen. Partner of C333 East 146 Street LTC. an Indiana limited liahility company. by me known. and who acknowledged the execution oldie I0Iegoine "CONSENT TO ENCROACH' as his or her voluntary act and decd. Witness my hand and Notarial Scal this 3 C I :ry 01 My Commission Expires: CARLA D. FAZEKAS NOTARY PUBLIC SEAL STATE OF INDIANA M y Commission Expires Jan 16. 2015 STATE OF INDIANA SS: Col INTY OF HAMILTON 1 NvIv Commission Expires: Ich l(111 „,i 6 N0TAR 7 PUBLIC Printed Name [Tinted Name Pte, L 2oa8 D. Mr County of Residence: Before me. a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, LORI WATSON and NIARY ANN BURT E, by me known. and by inc known to he the Members of the City of Carmel Board of Public Works and Safety. and DIANA L CORDKAY. Clcrk- Treasurcr of "I1 1Ii CITY OF C: \RN-IE1., who acknowledged the execution of the InrcgoinL "CONSENT TO ENCROACH on behalf ofthc City of Carmel, Indiana. Witness my hand and Notarial Scal this day of 20 NOTARY PUBLIC N -1 County of Residence: EXHIBIT A Lot 5 of Block 12 of Carmel Science and Technology Park. an Addition to the City of Carmel, Hamilton County, as per plat thereof recorded May 8, 1997 in Plat Cabinet 1, Slide 773 as Instrument No. 97- 17793, being a part of Block 12 of Carmel Science Technology Park, an Addition to the City of Cannel, Hamilton County, as per plat thereof recorded November 20, 1986 in Plat book 13, pages 65 -71 in the Office of the Recorder of Hamilton County, Indiana. deb rnvnord c W.<uments and setnngs'a]e local senmgs'tempotan mtcmel files'oll 9 \consent to encroach doe PI RI ASP/44L T PAVEMEN 1; -0 \tit' G A \C.,9 7' CCNC. CURB 5EE DTL $HY. ee.5 WATER METER PIT /VERIFY' LOC1TICN Wi WATER CO) AL C04C WALK I' ."FFSET R•W SEE DETAIL 215P -I !TURN -Dqu4 NOT REO'D.l 2 -STORY CPFICE 5,0 00 59. rt. V 'SANITARY rit"4OLE EXHIBIT "5" r O aka GAR o TELEPI-IGgE h7A(a'KE PEDESTAL EXI5r a CCNC. SIDEWALJC FIRE 1 HYDRANT