St. Vincet's Hospitalsr Ln17ai O:Y r 7 /IL tire) /I /J( T/-t
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CiEC, INC //�' r /fie /ei.
3070(0
RE -81899
2RG0830851 21
S3D 9za9
THIS AGREEMENT, Made this 29th day of August, 1985, by and between the
SEABOARD SYSTEM RAILROAD, INC., a Virginia corporation, hereinafter referred
to as SBST. VINCENT CARMEL HOSPITAL, an Indiana corporation, whose mailing
address is P. 0. Box 1903, Carmel, Indiana 46032-4903, hereinafter referred
to as the Developer, and the CITY OF CARMEL, a municipal corporation under
the laws of the State of Indiana, hereinafter referred to as the City.
WITNESSETH: That SBD, for and in consideration of the sum of One Dollar
to it in hand paid by the Developer, the receipt of which is hereby
acknowledged, and of the covenants and agreements hereinafter made and
contained on the part.of the Developer and the City to be kept and performed,
hereby grants, insofar as its title enables it so to do, unto the Developer
the right or license to install, and also grants unto the City the right or
license to maintain thereafter, for the purpose of conducting SEWAGE, a line
of 18 -inch reinforced concrete pipe, encased in a 30 -inch steel pipe, across
the right of way and under trackage of Licensor at or near CARMEL, INDIANA,
at a point 355 feet southeastwardly measured along the center line of
Licensor's main track from Milepost QA -167, as shown in green on print of
Licensee's Drawing dated March 15, 1985, attached hereto and amde a part
hereof; other details and data pertaining to said pipe, including the method
of installation and the minimum depth of placement thereof which must be
adhered to, being as indicated on application form dated April 9, 1985, also
attached hereto and made a part hereof. The legal description of the property
at issue is also attached hereto and made a part thereof.
Said lines of pipe and encasement-pipes:
hereinafter, for convenience, sometimes referred to as
"Facilities ".
And the parties hereto hereby covenant and agree as follows:
1. The Developer shall, at the Developer's expense, install said
facilities in a manner in all respects satisfactory to the Division Engineer
of SBD. After said facilities have been installed, the City will assume
ownership and maintenance thereof, and shall thereafter maintain said
• facilities at the City's expense and in a manner in all respects satisfactory
to the Division Engineer of SBD. In the event said facilities shall require
repair or renewal, the City shall make such repair or renewal without any
expense whatsoever to SBD; and upon failure of the City so to do, said
Division Engineer shall give written notice to the City, and upon the failure
of the City to make, or arrange for, repair or renewal within thirty days
after such notice, SBD may make all necessary repair or renewal at the cost
of the City, which cost of the City agrees to pay on demand.
2. The Developer shall install, and the City shall maintain, above
ground and in a manner and at such locations as may be designated by said
Division Engineer, markers to plainly indicate the location, depth at which
installed and ownership of said facilities. The City will, without any
expense whatsoever to SBD, at any time upon thirty days' written notice given
by SBD, change and alter the location of said facilities to conform to any
changes or improvements that may he made by SBD in its trackage or roadway at
said location, or to permit the utilization of SBD's right of way, or other
lands for the construction of tracks, buildings or other structures.
Sheet 2
6131 9 _289
3(a). SBD shall not be responsible in any manner for loss of or damage
to said pipe and the contents thereof from any cause whatsoever; and
Developer or the City shall and does hereby assume, and agrees to indemnify
and hold harmless SBD, its successors and assigns, from and against all loss,
costs, expenses, including attorneys' fees, claims, suits and judgments
whatsoever in connection with injury to or death of any person or persons or
loss of or damage to property caused by or in any way connected with the
installation, maintenance, use or presence of said pipe and appurtenances on
said premises, howsoever caused.
(b). Any provision herein to the contrary notwithstanding Developer or
the City agrees to indemnify and hold harmless SBD from all claims, costs and
expenses (including attorneys' fees) as a consequence of any incident
resulting in the pollution of air, water, land and /or ground water arising
from or in connection with the grant of this indenture or any supplements
thereto regardless of the location or proximity of such pollution to the
demised premises; and for any claim or liability arising under federal or
state law dealing with the pollution of air, water, land and /or ground
water. (This provision shall apply to the Developer until the installation
of said facilities has been satisfactorily completed and the ownership of
same has been assumed by the City, thereafter this provision shall apply to
the City.)
(c). All obligations of the Developer or the City under this agreement
to release, indemnify and hold harmless SBD shall also extend to officers,
agents and employees of SBD and to companies and other legal entities that
control, are controlled by, are subsidiaries of, or are affiliated with SBD,
their respective officers, agents and employees.
4. The Developer will pay to SBD, on bills rendered by SBD, the full
amount of all costs and expenses (including but not limited. to, the expenses
borne by SBD for furnishing if deemed necessary by SBD, a foreman- inspector,
or other representative of SBD to protect its roadway, signal cables and
other property) which may be incurred by SBD in protecting its track and
maintaining traffic thereover by driving piling or by other, means while said
facilities are being installed. AFTER THE OWNERSHIP OF SAID FACILITIES IIAS
BEEN ASSUMED BY THE CITY, the City will pay to SBD, on bills rendered by SBD,
the full amount of all costs and expenses which may be incurred by SBD in
protecting its track, or future tracks, and maintaining traffic thereover by
driving piling or by other means while said facilities are being repaired,
renewed, relocated or removed from said right of way.
5. The portions of said pipes under said tracks and roadbeds thereof
shall be encased, as aforesaid, by and at the expense of the Developer, and
placed at a minimum depth of 66 incites below the base of rail of said tracks,
or not less than 36 inches below the bottom of SBDrs roadbed ditches, or not
less than 48 inches below ground surface - whichever depth may be the lower -
nieasurernents being to the top of each conduit.
6. In the event SBD constructs trackage across said facilities
described herein, the City shall, at the City's expense, provide and maintain
the necessary protection to said facilities as may be deemed necessary by
said Division Engineer, including but not limited to encasing and /or lowering
said facilities crossed by said trackage.
Sheet 3
56D 9.2Z
7. The Developer, or the City, shall be prohibited, incident to the
installation or maintenance of said Facilities on SBU's right of way, from
using explosives of any type without the express written consent of SBD.
8. In consideration for the right or license granted hereby, the City
agrees that SBD shall not at any time or in any manner be charged or assessed
with the cost or any part of the cost of the maintenance of said facilities
on SBD's right of way.
9(a). During the installation of said facilities the Developer will, if
it is to perform the installation, or if the Developer is to have a
contractor perform the installation, require said contractor to, at its sole
cost and expense, procure and keep in force Workmen's Compensation and
Employers' Liability Insurance, and Public Liability Insurance and Protective
Public Liability Insurance, including automobile coverage, providing for a
limit of not less than $2,000,000.00 for all damage arising out of bodily
injuries to or death of one person, and subject to that limit for each
person, a total limit of $2,000,000.00 for all damage arising out of bodily
injuries to or death of two or more persons in any one occurrence, and
regular Property Damage Liability Insurance, and Protective Property Damage
Liability Insurance, including automobile coverage, providing for a limit of (,'\
not less than $2,000,000.00 for all damage arising out of injury to, damage
or destruction of property in any one occurrence.
(b). The Developer shall furnish certificates of insurance evidencing
the above coverage and the form of the policy, the carrier and the amount of
the coverage shall be subject to the prior approval of 5131).- Such insurance
shall contain a contractual liability endorsement which will cover the
obligations assumed under this agreement and such other endorsement or
endorsements as, in the opinion of counsel for 56D, may be necessary or
advisable to fully protect and indemnify SBD. In addition, such insurance
shall contain notification provisions whereby the insurance company agrees to
give thirty (30) days' notice to SBD of any change or cancellation of the
policies. All of these endorsements and notice provisions shall be stated on
the certificate of insurance which is to be provided to SBD.
10. Effective October 1, 1985, City will yield and pay unto SBD the
annual rent or sum of FIFTY AND 00 /100 DOLLARS ($50.00), plus sales tax if
applicable, payable at the beginning of each and every year or fractional
part thereof during the continuance of this agreement.
11. In addition to all other considerations mentioned herein, Developer
agrees to pay to SBD the sum of 5225.00 to cover SBD's risks and costs in
preparing this agreement and permitting the utilization of SBD's property for
the installation of said pipe described herein. Should said crossing not be
constructed, for any reason whatsoever, SBD shall refund to Developer $125.00
of the aforementioned $225.00 fee.
It is understood and agreed that this agreement shall not be binding
until it has been authorized or ratified by a proper ordinance or resolution
of the City Council of the City of Carmel, Indiana, a certified copy of which
•ordinance or resolution is attached hereto and made part of this agreement.
Sheet 4
500 9 a 2 1
IN WITNESS WHEREOF the parties hereto have executed this agreement in
triplicate the day and year first above written.
Witnesses for SBD:
1;$Cnesses for the Developer
v /1/4. -Ic /�L�.���: 1,
Frank Magliery, Administrator
St. Vincent Carmel Hospital
if
t of y , Hare, ir. of C17n & Supp Services
St. Vince t Carmel hospital
Witnesses tor the City: CITY OF CARMEL, INDIANA:
SEABOARD SYSTEM RAILROAD, INC.:
R. E. Frame
Chief Engineering Officer
ST. VINCENT HOSPITAL AND HEALTH CARE
CENTER d /b /a
ST. VINCENT CARMEL HOSPITAL:
TT President
STATE OF INDIANA )
COUNTY OF HAMILTON)
ss
This document is signed this ,'2/p,J- day of jlGgz.-- nc4q,,) , 1985, by Fred
Surfit, Betty L. Walker, Jane A. Reiman, Dorothy J. Hancock, and Sister
Theresa Peck before me, a Notary Public, in and for said County and State.
�ucy�q�e
Claflin,
My CommissionExpires:
August 4, 1989
County of Residence: Hamilton
ary Public
Sheet 5
560 9a89
Extracts from minutes of meeting of the City Council of the City of
Carmel, Indiana, held on the /l( day of (I(.j- , 19,)x.
RESOLUTION (
•o4 RAlolic (� k),1" (\ S d 0-I lli r Mil
Be it resolved by thenG. 'l in regular meeting assembled that the
Mayor of said City, be, andirhe hereby i5, authorized to enter into an
agreement with the SEABOARD SYSTEM RAILROAD, INC., and ST. VINCENT CARMEL
HOSPITAL, and to sign same on behalf of said City whereby said Railroad
Company grants unto the Hospital the right or license to install, and also
grants unto the City the right or license to maintain thereafter, for the
purpose of conducting sewage, a line of pipe across the right of way and
under track or tracks of said Railroad Company at Carmel, Indiana, as
particularly described in said agreement, which agreement is dated August 29,
1985, a copy of which agreement is filed with the City Council.
I certify the above to he a true and correct copy.
Clerk
A part of the Southwest Quarter of Section 19,
Township 1( orth, Range 4 East; and a in of the
Southeast Quarter of Section 24, Township 18 North,
Range 3 East; and a part of the North Half of Section
25, Township 18 North, Range 3 East, all in Hamilton
County, State of Indiana, described as a 20 foot strip
of land, 10 feet each side of a centerline described
as follows:
Commencing at a point on the West line of said Section
19, 1001 feet from the Southwest Corner thereof.
Thence North 90° 00' 00" East (assumed bearing) a
distance of 344.9 feet to the Notth right -of -way line
of the former Indianapolis Northern Traction Company,
Inc., and the point of beginning of said centerline.
Thence North 90° 00' 00" West a distance of 344.9 feet
to the East line of said Section 19; thence North 00°
00' 00" East on and along said East line a distance of
31.46 feet; thence South 88° 42' 50" West a distance
of 747.58 feet; thence South 00° 34' 19" West
distance of 144.07 feet; thence South 88° 42' 50" West
a distance of 345 feet; thence South 52° 19' 45" West
a distance of 203.98 feet to the point on a curve to
the left, radius point of said curve located South 29°
42' 33" West a distance of 2328 feet; thence
Southeasterly on and along said curve to the left a
distance of 300 feet; thence South 58° 35' 30" West a
distance of 340 feet; thence South 00° 00' 00" East a
distance of 397 feet to the South line of said Section
24; thence North 90° 00' 00" West on and along a said
South line a distance of 36.9 feet; thence South 00°
00' 00" East a distance of 255 feet; thence South 45°
12' 30" West a distance of 158.59 feet; thence South
64° 31' 57" West a distance of 170.39 feet; thence
South 36° 00' 00" West a distance of 225 feet; thence
South 48° 34' 18" West a distance of 203.72 feet;
thence South 79° 13' 48" West a distance of 248.68
feet; thence South 16° 52' 00" West a distance of 42.2
feet; thence South 16° 38' 43" West a distance of 485
feet; thence South 87° 04' 16" West a distance of
940.04 feet; thence North 65° 59' 44" West a distance
of 768.41 feet; thence South 58° 00' 16" West a
distance of 125 feet' thence South 89° 00' 16" West a
distance of 170 feet; thence South 34° 00' 16" West a
distance of 300 feet; thence South 15° 59' 44" East a
distance of 45 feet to the end of this description.
Within said easement exists 31 manholes and 7,363
linear feet of 18 -inch sanitary sewer.
The above described easement is subject to all
rights -of -way of record.
This easement description is for information only, and
does not reflect any legal rights.
SEABOARD SYSTEM RAILROAD
APPLICATION FOR PIPE LINE CROSSING /PARALLELISM UNDER /OVFA PROPERTIES AND TRACKS
Plans for proposed installation shall be submitted to and net the approval of the Rail-
road Company before construction is begun. Material and installation are to be in atrlct
accordance with specifications of the American Railway Engineering Association and requirement!
of the Seaboard System Railroad. Original and twelve (12) copies of this form shall be
submitted, accompanied by twelve (12) lettersize prints of a drawing showing plan, elevation
section of crossing from field survey, location in respect to Mile Post, width of Railroad's
right of way, location of adjacent structures affecting crossing, and all information required
in Figures 1 and 2 of AREA Specifications, Part 5 - Pipelines. If open cutting or tunneling
is necessary, details of sheeting and method of supporting tracks or driving tunnel shall be
shown,
1. Correct Naar of Applicant. St. Vincent Carmel hospital
2. Post Office Address P. 0. Box 1903 Carmel, Indiana 46032 -4903
3. Partnership - Name and initials all partners, women - given and surnames before marriage
and present N/A
4. If incorporated, name of state in which incorporated Indiana
5. Location 355 feet Southeas +(Direction) from nearest RR Mile Post&A167 VS
6. Nearest Railroad Station Indianapolis County Marion State Indiana
7. Within limits of public highway name N/A Fed - State- County No. N/A
8. Temporary track support or riprapping required ( ) Yes (X) No - Describe
9. Hires, poles, obstructions to be relocated ( ) Yea (X)
10 Product to be conveyed Sanitary Sewer Flammable ( ) Yes
11. Max. Working pressureAtrnospheric PSI. Field test pressure
12. Location of shut -off valves
No - Describe
( X) No. Temperature 60 °F
5 PSI. Type test ASTM
13. PIPE SPECIFICATIONS: CARRIER PIPE
Material
Material Specifications and Grade
Minimum Yield Strength of Material PSI
Mill Test Pressure PSI
Inside Diameter )8.0 inches
Wall Thickness 2.5 inches
Outside Diameter 21.0'73%.0 inches
Type of Seam
Laying Lengths 7.0 feet
Kind of Joints 0' ring
Total Length within RR R/W 4n 7-14- fret
VENTS: Number 0 Size Mgt. above ground
SEALS: Both ends Yes one end
BURY: Base of roil to top of casing 25 ft.
BURY: (Not beneath tracks) ft.
BURY: (Roadway ditches) N/A ft.
CATHODIC PROTECTION: ( ) Yes (x) No
PROTECTIVE COATING: (x ) Yee ( ) No Kind Coal. Tar Epoxy
Type, size and spacing of insulators or eupports N/A
14. Method of Installation lacking and horiur construction
If application is approved, applicant agrees to reimburse the Railroad
incurred by the Railroad incident to installation, maintenance, and /or (lupe
by this pipe line installation, and further agrees to assume all liability
injuries which striae as a result of this installation. Should open cut ins
• non - refundable charge of $ will be required to resurface tracka
ii-' `--n) - ,)\
Reinforced Cone. Pipe
ASTH C76.C1.IV, Wall B
4000 PSI
Date
Slnnarn ra anti Ti.0
CASING PIPE
Steel
A -139 Grade B
35.000
2.800
30 inches
.406 inches
30.812 inches
Spiral welded
20 feet
r:n1rieri
70 feet
0
for any cost
rvision necessitated
for accidents or
tallation be required
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