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Meridian - St. Vincent Carmel Hospital 2008034845 ENCROACHME $24.00 giv 07/02/2008 02:25:03P 7 PGS Jennifer J Hayden 0 HAMILTON County Recorder IN Recorded as Presented CONSENT TO ENCROACH APPROVED AS TO FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between 1 St. Vincent Carmel Hospital, 13500 North Meridian Street, Carmel, Hamilton County, Indiana, 46032 "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, Owner owns and maintains facilities on parcel numbers 17- 09- 25- 00 -00- 001.002 and 17- 09- 26- 00 -00- 003.001, with a common address of 13500 North Meridian Street, Carmel, Hamilton County, Indiana, 46032, which is located within the corporate limits of the City of Carmel, Indiana; and WHEREAS, the official corporate warranty deed was recorded in the Office of the Hamilton County Recorder on January 8, 2004 as Instrument No. 200400001729; and WHEREAS, Owner wishes to install an entrance sign, associated with the facilities on parcel numbers 17- 09- 25- 00 -00- 001.002 and 17- 09- 26- 00 -00- 003.001, landscaping, and buried electrical conduit, associated with supplying electrical power for an internal lighting system of the entrance sign, (referred to hereinafter as the "Site Improvements on real estate owned by the City of Carmel per instrument number 200500019842 "City Real Estate attached hereto and incorporated herein by this reference; and eb: msssord:OshareddpickrnVormskonsents to encroachkarmel st. v cte (sign in ns).doc:3 /17/08 1 WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the Site Improvements, copies of which are attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Site Improvements will be constructed on a portion of the City Real Estate designated as public right of way (the "Right of Way identified as "Old Meridian St." on Exhibit A; and WHEREAS, the Right of Way is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the "Encroachment upon the Right of Way, which Encroachment is generally crosshatched on the Sketch, and does not include a crosshatched area for a buried electrical conduit(s) to supply electrical power for an internal lighting system of the entrance sign, which, in general, will run between the limit of the City Real Estate to the Encroachment and shall be limited to an area 5 -feet in width, centered on the installed conduit(s); and WHEREAS, Owner and City acknowledge the locations of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit A; and WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit A should not materially interfere with the City's use of the Right of Way. 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: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such eb: msss ord: s:tsharedVpickett\fomts\consenls to encroachlcarmel st v cte (sign m ne).doc:3 /11/08 2 were fully set forth herein. 2. The City consents to the Encroachment for only so long as: (i) the Encroachment exists; and (ii) Owner complies with the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the Site Improvements and/or the Encroachment from what is depicted on Exhibit A. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change the height, width, or size of the entrance sign beyond that which is approved by the City under a separate process. 4. Owner agrees that City shall have the right to remove any portion of the Site Improvements 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 Right of Way, 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 for the cost of any damages thereby caused to the Site Improvements or to Owner. 5. Owner agrees 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 or damage to any property or improvements, located on the City Real Estate, or otherwise, which results directly or indirectly from any act of the Owner, its employees, officers, officials, invitees, licensees and agents in the Right of Way. deb :mstcord:s:\sharcd\Jpickett\forms \consents to encroachlcarmel st. v cte (sign in rw),doc:3 /I I/08] 3 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to any or all of the Right of Way and/or any improvements located therein caused by the installation, construction, maintenance or operation of the Site Improvements. 7. Owner agrees 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, Owner agrees and consents to City recording same, at Owner's sole expense. 8. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 9. The persons executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 10. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 11. This Agreement does not authorize the installation of irrigation lines within the Encroachment. "OWNER",tAt .�i "CITY" CITY OF CARMEL, INDIANA Tom Morlock, Director of Facility Se r/ 1s Date: 3/2 g BY AND THROUGH ITS BOARD OF PPUBBLIIC WORKS AND SAFETY James Brainard, Presiding Officer O at I .d l�1� 1'..� Mary Acn Burke Member Date: 0 7--0K eb: ms, ord sasharedVpickettUormsZonsents to encroachkarmet st. v etc (sign io ncf.doc:3 /13/08] 4 L Lori Watson, Meemb r Date: 4 a-/1�. v f,y� TES /ft H 4 7 /Diana Cordr, y IA C Cilerk-Treasurer Date: (cb:msword:sashared\Ipickett forms \consents to cncroachlcarmel st. v cte (sign in r v) doc:3 /13/08( 5 STATE OF INDIANA j cif SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared TOM MORLOCK, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his /her voluntary act and deed. hand and Notarial Seal thi ll Witness my y s��'� �ay of n 2 0� r .l 4, f °r f NOTARY PUBLIC 5 My Commission Expires: p Printed Name F F �r,�li s Renita M Kinnaman r,1 Notary Public Seal State of Indiana My County of Residence: 11 Ai 1 Hamilton County My Commission ExE:res 09/24/2015 STATE OF INDI �A SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared -VA IESvh; -B A D, MARY ANN BURKE and LORI WATSON, by me known, and,,by e lCn'owii \to be the' r Members of the City of Carmel Board of Public Works and Safety, and DIAN V Clerk hn5( Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the •foregp iag Qoi s eaat'To Encroach" on behalf of the City of Carmel, Indiana. r3 ',-i 1 Witness my hand and Notarial Seal this r 1 day of 1'�(( '7, 20h0" !ANA NOTARY PUBLIC r My Commission Expires: "is,, crea An r\ Do \iI S t y/7/49 Printed Name 't My County of Residence: L L C L( 1 DIM This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. 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. 1pt1l� j S C Re_ leb:mscords\shared\3pickett \forms consents to encroach \carmel st v cec (sign in nc).doc:3 /11 /OSJ 6 :1; I fi r r' (''V f C2114(j t la 4. i "1 2" ,...U..1...,..�,n. I il PROPERTY LINE vI 0 5 VERIFY fi 445,;$° i STORM SEWER IN FIELI d j (DO NOT PLACE SIGN OVEN TOS �,�ra j� �1��G P. �4 i 1 e pt Pi t. VALe VI 40', Al■ Cc f 4 A HEM -S o RELOCATED SIGN Q I, 21.5 I OF STREET I l CENTER LINE x Oil: 90' OF I ....r .o' i IP 1 7.,— 1 "i"- ��,w:� :,1 r f N .1.. Scan .1 Z 7 7/ li l `uzzo j