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Home My WebLink AboutCarmel Science and Technology Park - MITSO APPROVED, AS TO CONSENT TO ENCROACH FORM BY THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Midwest Independent Transmission System Operator, Inc., Indianapolis, Marion County, Indiana 46278 "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, Owner owns in fee simple certain real estate "Real Estate in the Carmel Science and Technology Park Subdivision which is located within the corporate limits of the City of Carmel, Indiana "Subdivision and WHEREAS, the official plat of the Subdivision was recorded in the Office of the Hamilton County Recorder on March 29, 2000 in PC 2, Slide 413, as Instrument Number 200000014110, as Lot One, Block 7 of Carmel Science and Technology Park; and WHEREAS, Owner wishes to construct and install an irrigation system (the "System on the Real Estate; and WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the System on the Real Estate, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the System will be constructed and installed on a portion of the Real Estate designated as a fifteen (15) foot Landscape and Utility Easement "Easement identified as "15' Landscape Esmt" on Exhibit A; and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachment upon the Easement, which Encroachment is highlighted on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, the installation of the System as proposed by the Owner on Exhibit A should not materially interfere with the City's use of the Easement. 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 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 System from what is depicted on Exhibit A. 4. Owner agrees that City shall have the right to remove any portion of the System as City deems necessary, in City's sole discretion, to install, protect and /or repair any utility lines or sewer lines located in the Easement, 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 System. 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 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 Easement. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance or operation of the System. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a recorded copy of same within thirty (30) business days of the effective date of this Agreement. In -2- ODMA \MHODMA \INIMAN2;338728;1 1' the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. 7. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 8. The parties executed 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. 9. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "OWNER" "CITY" Midwest Independent Transmission System CITY OF CARMEL, INDIANA BY AND Operator, Inc. THROUGH ITS BOARD OF PUBLIC WOR S AND SAFETY By: ..L Printed: ZZ. e !J mes Br ard, Presiding Officer Title: Y� �ar� aretLc�yiC��, Date: ci Date: 20b' /4" M. ry An, Burke, Member Date: _a Billy Wp Member Date: Attest: (CAA (l $7_ ee_ag LEA, De OW Diana Cordray,lAMC, Clerk- Treasurer Date: U L -3- ODMA\M HODMA \I N I MAN2; 338728;1 STATE OF INDIANA SS: COUNTY OF mar;o Before me, a Notary Public in and for said County and State, personally appeared R6h; the V P p. Secy. of Midwest Independent Transmission System ..Operator, Inc., by me known, and who acknowledged the execution of the foregoing "CONSENT !TO ENCROACH" as his /her voluntary act and deed and on behalf of said corporation. Witness my hand and Notarial Seal this ao day of F�hr��r/ 2001. NOTARY PUBLIC My C Expires .10 oroVhy M M cry k ,P,001 Printed Name My County of Residence: Herd r STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and BILLY WALKER, by me known, and by me known to be the Members of the City of Carmel Board of Public works and Safety, and IANA —L.CAR I E LIA.Lu kEK @R{3RAYA Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent to Encroach" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this �T day of L- E� �LLiLutt -k"' 2001. NOTARY PUBLIC My Commission Expires 01? 1 S off'' Printed Name My County of Residence: 1 -/c?o of 7 PI This instrument was prepared by Joseph M. Scimia, Attorney, Baker Daniels, 600 East 96 Street, Suite 600, Indianapolis, Indiana 46240. -4- :ODMA \MHODMA \INIMAN2,338728;1 FINAL SECONDARY PLAT LOT O''' E BLOCK 7 CARMEL SCIENCE AND TECHNOLOGY PARK �ry g,,, ...y/ I N w3o6ot 42.66 il- n41'J(f00t 2806 N41•0'00t -2637 0' 100' 200' W 5.19 fir.:+ �;fR; O".F9:1:3w4i :y BLOCK 7 SCALE: 1' =100' b', �i P B.M3PAG a o�crn. ralgvE DATA cuROE DATA C7 ,w 3 Q e 13.15'21' a .157]'51' C:_� OR t R 66500' R 63.100' L ��St 1Y1Y06t -�.M' 1 •224.16' i =95.00 X56^51'291 4216 )f qlN y9k/ir L 4.7241' L 168 63. t7 w /k C 42183' C 188 01' I� N1Y1Y064 -eau ��'tA�T_� I 15 945 DATA CZ r1IRVE DATA CA i�• z` N. e 23'42'52' I 15 SC d aa..► Q I R ]5500' e 20 00 4' I/ T. I T 15851' R 25 W .I L 31249' T 43 9 ��-i\ P•. I C 31017' L =1J(A' 10' BUILDING SETBACK LINE C 37.95' I :."1 1 1 10' San1larY. d Utility Easement CJ\ I I CURVE DATA C] (zIR�E DATA 3 F I 5' UnL\ DSCAPE d E54 Al M I I "14... e 545 0 50' e 23 i R 54500' R .7]0.00' I T 340.53. T 161 C•608.75 L- 1111.70' 3S 38 II ii BLOCK 7 ��ia 35 0 c 577.5T C 316.4]9' +NE 9.2 ACRES± I ccROE DATA c1 rJROE DATA CIQ 0 RA L 10.497 ACRESt a 1 e 04•35•20 e= 63 G1 20' Sanitary. Welty Cowmen! R 545.00' R 530.01 20' d Ul91ty Easement 11 T 21.61' T 329.65' W, F. I a I I L• L•58981' \d' C 11 C 559.84' I It 1 t C11R45 DATA 011.. II F (LH1� DATA CS 8 VR I e 96'C9'06' e 89'48'06' R 2500' 0,.. 1 landscape E^ t N I euiml>[e t R 20.00' R PoINT (C BEGRe91NG �r 10 'uten9 Fe 57 T 19.95 9 299 ACRES* rc I L 42.85 StX1'16084 35.]tl i C JI.JY C 37.76 c 2621' POINT Cr BEC'et ING I I f]FM DATA rfl rAIRVE DATA CIZ 10.49) AEBEii t I 30 L DIN new 1 1 2 U t61ty Ec� 15' IANOSGPE .II 5697]0011- 61.91' Ti ITY E54 T. 2 I f e 12'5e 69'!8'08' w R 655 CO' 00' R 25.IXY It -II r a 1.1 T 3918 569'X!001- 44 97 1.�, y 'r '0 tiY C 117 n C ]5.29' V�1f •I�1 �?Ira. R t L •11807 L 3916 r� 500 1908 -729.66' R N l �E:IetMa R/w 4 88'4Y00t 25. 800 -3506 500.IBtet- 52691' o y GUILFORD ROAD f !w 7 -.R/w 588 25.00' N 00 1005.01' i 70NING: M3 1402 45.00 1 1 EXHIBIT 44/'111 I Owner: Reliastar Life Insurance S. Company 100 6 I Minneapolis, MN 5401 t212Suite 800 1 i I Phone: (612) 342-3884 I ENCROACHMENT jSubdivider: Keenan Investment Partners Carmel, Inc. 1301 Gervoic Street, Suite 600 BLOCK 13 CARMEL SCIENCE TECHNOLOGY PARK I I Columbia, SC 29211 -1610 Phone: (803) 254 -2300 P.B. 13 PAGES 65 -71 Surveyor: American Consulting Engineers, Inc. 4165 Millersville Rood Indianapolis, Indiana 46205 Phone: (317) 547 -5580 00110i SUB415510,4' SHEET N0. AMERICAN CONSULTING ENGINEERS, INC, 0000400047.1999 I DR AMN 4165 MILLERSVILLE ROAD REVISED: a' of INDIANAPOLIS COPYRIGHT 2000 INDIANA .r013 450. 99 -]66 Nip (11 50 5560 6205.2998 I I 4 BAKER DANIELS EST. 1863 96TH STREET OFFICE 600 E. 96TH STREET, SUITE 600 INDIANAPOLIS, INDIANA 46240 (317) 569 -9600 FAX (317) 569 -4800 www.bakerdaniels.com JOSEPH M. SCIMIA INDIANAPOLIS DIRECT (317) 569 -4680 FORT WAYNE DIRECT FAX (317) 237 -8580 SOUTH BEND e -mail: jmscimia @bakerd.com ELKHART WASHINGTON, D.C. QINGDAO, P.R. CHINA February 5, 2001 City of Carmel Board of Public Works and Safety c/o Dept. of Engineering One Civic Square Carmel, IN 46032 Attention: Lisa Meek Dick Hill Re: Irrigation System Encroachment Midwest Independent Transmission System Operator, Inc. 860 South Guilford Road, Carmel, IN. Dear Board Members: Please accept this letter as a formal request from Midwest Independent Transmission System Operator, Inc. "MISO for approval to install an irrigation system within a portion of a fifteen (15) foot Landscape and Utility Easement. MISO proposes to install the system along City Center Drive; Guilford Road; and, a portion of Carmel Drive at its intersection with City Center Drive, as shown on the enclosed plans. Sincerely, 4/iik ose 1 Sc nia 545678„ enclosures o 07 FEB 2001 cc: Raymond Driscoll, Midwest ISO a RECEIVED ER AA�� V 4Y ENGINEER E ZZ