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St. Vincent/Carmel Drainage (:-<" ~'lJi..'(i,!!T -tfOS["7.1IL ct1r:t:. ~t;t:7Ei? /;t..'c. I rIIL'i), /I!:."/Il TH- '~\7 '~/6/'v g \~'" -V' .~ \ ~ . ," ?:!)1(). (0 r 3/ RE-81899 2RG083085l 21 SBD '1.:1. 81 THIS AGREEHENT, ~lade this 29th day of August, 1985, by and between the . --J'EABOA!W SYSTEH RAILROAD, INC., a Virginia corporation, hereinafter referred to-a-s-sBil).ST. VINCENT CARHEL HOSPITAL, an Indiana corporation, "hose mailing address is P.O. Box 1903, Carmcl, Indiana 46032 -1,903, hcrc'inafter referred to as the Developer, and the CITY OF CARHEL, a municipal corporation under the laws of the State of Indiana, hereinafter referred to as the City. WITNESSETH: That S8D, 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 Deve]oper and the City to be kept and performed, hereby grants, i~sofar,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 l8-inch reinforced concrete pipe, encased in a 30-ir.ch steel pipe, across the right of ,,'ay and under trackage of Licensor at or near CARtlEL, INDIANA, at a point 355 feet southeastwardly measured along the center line of Licensor's main track from ~Iilepost QA-167, as shown in green on print of Licensee's Drawing dated Harch 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 hcreof. Thc legal. description of the property at issue is also attached hereto and made R part thereof, Said lines of pipe and encasement.pipes" hereinafter, for convenience, sometimes referred to as lIFacilities". I .I 6 'And the 'parties hereto hereby covenant and agree as follows: 1. The Developer shall, at the Developcr's cxpcnse, 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 "ithin thirty days after such notice, SBD may make all necessary repair or rene"al at the cost of the City, ,,'hich 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 Ol.nership 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 be made by SBD in its trackage or roadway at said location, or to permit tile utilization of SHO's rigllt of way, or other lands for the construction of tracks, buildings or other structures. f Sheet 2 5 tH' 1.2 B'I 3(a). SBD shall not be respollsible in any manner for loss of or damage to said pipe and the contents thereof from any canse whatsoever; and Developer or the City shall and docs hereby assume, and agrees to indemnify and hold 1,srmlcss SHO, its successors and assigns, from and agai,nst nIl 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 tllis indenture or allY 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 1,85 been satisfactorily completed and the ownership of same has been assumed by the City, thereafter this provisi6n shall apply to 'the City.) (I (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, arc subsidiaries of, or are affiliated with SBD, their respective officers, agellts [lnd employees. 4. The Developer will pay to SBD, on bills rendered by SBD, the full amount of all costs and expenses (jncluding but not limited, to, the expenses borne by SilO for furnishing if deemed ncccssnry by SI3D, 0 f~remal\-i1l5pcctort 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 TilE OIINERSIIIP OF SAID FACILITIES lIAS BEEN ASSUflED BY TIlE CITY, the City will pay to SBfJ, on bills rendered by SBD, the full amount of all'costs and expenses ~hich 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 facil{ties 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 <1lld nt the expense of the Developer, and placed at a minimum depth of 66 inches below the base of rail of said tracks, or not less than 36 inches below the bottom of SBD's roadbed, ditches, or not less than 48 inches below ground surface' - ",hichever depth may be the Im,er - measurements being to the top of ench conduit. 6. In the event SBO COtlstructs 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. .. I::. Sheet 3 .::;130 '1,H'I 7. The Developer, or the City, shall be prohibited, inciaent to the installation or maintenance of said facilities on SOD's right of "ay, from using explosives of any type ,;ithout the express "ritten consent of SBD. 8. In consideration for the ri.ght or license granted hereby, the City agrees that SOD shall not at any tim~ or in any manner be charged or assessed "ith the cost or any part of the cost of the maintenance of said facilities on SOD's right of "ay. 9(a). During the instal lotion of said focilities the Developer "ill, if it is to perform the installation, or if the Developer is to have a contractor perform tile installation, require said CQlltractor to, at its sole cost and expense, procure and keep in force Workrncn's Gompensati.on and Employers' Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including 8tltomobilc covcrag~, providing for a limit of not less than $2,000,000.00 for 011 domoge orising 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 deatll of two or more persolls in any Olle occurrence, and regular Property Damage l.iobility Insurance, ond Protective Property Domage Liability Insurance, includiug outomobile 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 aile OCCllrrencc. " L~ (b). The Developer shall furuish certificotes of insurauce evidencing the above coverage olld tlle form of " tile policy, tile carrier 811d the Amount of the coverage shall be subject to the prior opprovol of SAil.' Such insurance shall contain a contractual 1 inhility endorsement tvh,ich ~.Ji.ll cover the obligations assumed ullder this agrcclnent aIld SUCII otller elldorsement or endorsements as, in the opinion of counsel for SBD, may be necessary or advisable to fully protect and indemnify SOD. In addition, such insnrance sllall contaill notification provisiollS wllcrcby "tile illsurallcc compallY agrees to give thirty (30) days' notice to SOD of any chouge or cancellation of the policies. All of these eudorsements and notice provisions shall be stated on the certificate of insurance which is to be provided to SOD. 10. Effective October I, 1985, City "ill yield and pay unto SOil the annual rent or sum of FIFTY AND 00/100 DOLLARS ($50.00), plus sales tax if applicable, payable at the beginning of coch Dnd every year or fractional part thereof during the continuance of this agreement. 11. In addition to all other considcratiorls mentioned herein, Developer agrees to pay to SBD tile sum of 5223.00 to cover SBD'~ risks and costs in preparing this agreement and permittj,tlg tllC utilizatiol1 of SHD's property for the installation of said pipe described herein. Should said crossing uot be constructed, for any reason whatsoever, SOD sholl 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 ~f the City Council of the. City of Cnrmc.l, TndJnlln, i1 certified copy of t.,:hich ,ordinance or resolution ,is attached hereto and made part of this agreement. ',.' ~i :: ;.: . Sheet 4 san Q;ll1'! IN WITNESS WHEREOF the parties hereto have executed this agreement in triplicate the day and year first above written. Witnesses for SBD: SEABOARD SYSTEM RAILROAD, INC.: P aJ t!/~ Ihvu-.. (L.S.) By R. E. Frame ChIe~' EngineerIng Officer ST. VINCENT HOSPITAL AND HEALTH CARE CENTER d/b/a ST. VINCWT CARI'IEL HOSPITAL: .1' ;/11" ,.,;1, ,. . 1- vV"-'/ - v........~\.c.: l.-:..i, 1.....'_ Fr'ank Magliery, Nlminis\:rator St. Vincent Carmel Hospital ~ A. .L1iML-- o y ~r. of ~lln S.t. Vince t: Car'l'el I\ospital Wltnesses for tIe Clty: By ~v1:" ::t':, //J.J, ,', o.U Q-<.F (L. S . ) / . President - s & Supp Services CITY OF CARflEL, INDIANA: ~ 1 ){ // ~ I ,,-- X'~~ <I.> j.vt/L, . ~Zi..-- . B40~ (L.S.) U le\ H~y;~_, /;' "I, Attest /'0,),):/)-( Ic~'-./I--:,,/_{j ,~.C ~(srfti'() Clefk' .; , STATE OF INDIANA ) ) COUNTY OF HAMILTON) ss This document is signed this .,2/,,:2A- day of JI}?-~, 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< e Claflin, No ary Public My CommissionExpires: August 4, lY89 County of Residence: Hamil ton " 'J Sheet 5 56D 9~a'1 Extracts from minutes of meeting of the City Council of the City of Carmel, Indiana, held on the ~ day of ti( P // I; " 19,j \ RESOLUTION RJ .o~ R,,611~ LV~(k3u"d Set ~ oj G r lY'1eJ Be it resolved by the~~' ~ " in regular meeting assembled that the Hayor of said Cit~ be, and.;he hereby is, authorized to enter into an agreement with the SEABOARD SYSTEN RAILROAD, INC" and ST. VINCENT CARHEL HOSPITAL, and to sign same on b~lalf 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 be a true and correct copy, ,I' '" , I '/. " ,-.;.. ':;-:.'-'" (, --' ;' L. :!. .) ~~ .1:.; Clerk ';~""'r~.-=\..t"~';":"'-.-'./..:' ..,~ '<. .' .c;....:.;.. .' II. part of ti:''! Southwest Quarter of Section 19, J Township ll' orth, Range 4 East; and a.' .:: lrt of the Southeast QUarter of Section 24, TownsHt~ 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 ~Oo 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 900 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 T.---.-----'~.f 747.58 feet; thence"South 000 34' 19" West 'a""" . distance of 144.07 feet; thence South 880 42' 50~ West a distance of 345 feet; thence South 520 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" We'st 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 900 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 870 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 SQuth IS' 59' 44" East a distance of 45 feet to the end of this description. C) 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. " .\ :i' r SEABOARD SYSTEM RAIlROAD APPLICATION FOR PIPE LINE CROSSING/PARALLELISM UNDER/OVER PROPERTIES AND TRACKS Plans for propoted installation .ha11 be aul:nnitted to and meet the approval of the Rail- road Company before con.truction i. begun. Material and instsllstion are to be in atrict accordance with apecifications of the American Railwny Engineering Association and requirement of the Seaboard Syatem Railroad. Original and """lve (12) copies of this form ahall be aul:nnitted, accompanied by twelve (12) letters1ze prints of a drawing showing plaD, elevation aection of croasing from field aurvey, location in respect to Hile Post, width of Railrosd's right of way, location of adjacent atructures. affecting cros.ing, and sll information required in Figurea 1 and 2 of AREA Specifications, Part 5 - Pipelines. If open cutting or tunneling ia neceaaary, detail. of aheeting and method of supporting tracks or driving tunoel shall be abovn. 1. Correct Name of Applicant St. Vincent Carmel Hospital 2. POIt Office Address P. O. Box 1903 Carmel, Indiana 46032-4903 3. PartMrship Name and initiah all partners, women - given snd surnames before .marria g. and preaent N / A 4. If incorporated, name of state in which incorporated Indiana 5. Location 355 feet Southeast (Direction) from nearest RR Hile PostGAI67 VS 6. lIeareat Railroad Station Indianapolis County Harion State Ind iana 7. Within limita of public highway name N/A Fed-Stste-County No. N/A 8. Temporary track aupport or riprappiDg required ( ) Yes (X) No - Describe 9. lIirea,. polea, obatructions to be relocated ( ) Yes (X) No Describe 10 11. 12. Product to be conveyed Sanitary Sewer Max. Working pressureAtmospheric PSI. Location of ahut-off valves FllUIm8ble ( ) Yes (X) Field test pressure 5 No. Temperature 60'F PSI. Type test ASH! 13. PIPE SPECIFICATIONS: Materia 1 Katerial Specifications and Grade Minimum Yield Strength of Material PSI Kill Test Preaoure PSI Inside Diame te r Wall Thicknus Outside Diameter Type of SellDl Laying Lengths ltind of Joints Total Length within RR a/W VENTS: Numbe r 0 SEALS: Both ends Yes BURY: Baae of rail to top of casinR BURY: (Not beneath tracks) BURY: (Roadway ditches) CATHODIC PROTECTION: ( ) Yea ( X) No PROTECTIVE COATING: (X) Yes ( ) No Kind Coal Tar Epoxy Type, aize and apacing of insulators or aupports N/A 14. Method of lnltallst10n .1:1c.kinp nile! boritl{l construc.tion If application i. approved, applicant agrees to reimburse the Railroad for any cost incurred by the Railroad incident to installAtion, maintenance, and/or supervision necessitsted by this pipe line lnatallation, and further agrees to assume all liability for accidents or injuries which arise a. a result of this installation. Should open cut installation be require. a' non-refundable charge of $ will be required to resurface tr~cks. L( ~ ,./ '1 . !: i '. -" .-} ~ .\:~\ "".... '7 .' 1/1." /. ( : (. - - ,', ,- /::', ,) :"".,(1 "'/'(-(."\" j":,':",{,..:.,,(,,..,, Date !:;;:f~nittll~ .nrl Ti,.,. I"'lf= nf/~,..".... C4.....4.... J.......l(,...~(r'ln..---'-----'--- CARRIER PIPE Reinforced Cone. Pipe ASTM C7fi.CI.IV, W*ll B 4000 PST 18.0 2.5 2.",,~ 0 in("hp~ inches inches CASING P IfE Sreel A-I39 Grade B 1';.000 ?ROO 30 inches .406 inches 30.812 inches Spiral welded 70 feer ".,.,.1,.1,:.,.1 70 feet 7.0 feet 0' r;np- 40 * ff'f'r Bgt. above ground Size one end 25 ft. ft. ft. o in " in. in. N/A ') .~' . " ',.' ~ \ \j ~ ~ '-l2. '!\ '" "7 ~ ~ ~ -:A 'j!::. /c5 ,/ d.4..SS ..lIr, lM4li13 .' ReI? I Z-O ~ 'A,.,JUO/..E: Q /9. ..57/1. '221'" oS: IE 2. Sf.-f'4.:5:5> . R':'Tt..I~E 2- MANHCJLI::.. NS2 /8 STA. ~(+ /1,. .tic . s;.;S:.:f>, 5.2.:..\ .+_I.'O__~-___:~'_~__ 90 L.F (),.-.3I)1/ .JTE/i,L C.4S/N<j f}p~; . 46(" /I Y\4LL 7H/~NliSS .' Jl>Cjf/N't 1- 5'OR'N~ &;r l{ ~ ....JMJ5/Ny- .1 ~/\Iy- 17r -Z 91f,<;sS f';tsTV,f.E .::. . ,/--8_" .~. .- s. .( ..,-;. €.ES ',,'.,".' 'RAN V-Ew' 'y4LE: /"-= 50' - _. c.I..-!>-...Y COl,)NT'--( .;',;, D'-'-'\ ~ T- oJ..C) -"J"--"2.4~ S4N'T/JRY SewD? ApE (RClSSIN'1 -' '2- 0 0EIV3Dl'1l?D '5~ J C/fRIv/t=L, IN, DATE. :,MARCII /S/ /98:5" . "" ....':v 0\,. . ""\::;'A;- '. . 1<;;-,. . (":-:--. ~Cf....i2M~LI ~t--.\o. HNTB ..awARD N[[OL(S TA....EN 8 8EftGENDOfF ARCHITECTS ENGINEERS PLANNERS INDIANAPOLIS I INDIANA / " ( " ()F /O../L' ~I Mj,;.J,:fo"iE" Ng 19 5 TF>, , 22+ os. /2. MANl,1C\"E.. Ni,; /8 .:SrA, 2/ + N: 20 "- \q 9Q L.F. {)p~' STt=E'L CAS1N9 np~ ;0114>0'1 W/1L/.. THIC~NF:.s.S , JAC' 1M' ? '&RI,v (!()f'/sr, 15' 45 ~I /8 'I C'LA:iS IJl, V1(.,u B R c. pi 2. INv' E1-. 8()/.84 It-Iy. EL. Sol. 80 INV. E'1....8cJ/. /9 IIIIK EL 80/.1.5' SE:CT/DN . \!EI.y .seRLE: /" = 50' /-loRe.. f" = 5' VEI?T. . ,. . SANIT7>P,Y .sC-WER 'Ape CRO:SSIN9 :5EA601\~1::l . S'(:STJ;..M 1 CARIv\E.L) I,.J. . D!\rs:. -'- .IyJAT<:CH;J1I:1 /98.5 . , .' , ",.,.;, HNTB tiOWAAO NEEDl.ES TAW-MEN 8 9ERGENQOfF ARCHITECTS ENGINEERS PLANNERS INDIANAPOLIS. INDIANA: .'. .~. .,>: . ., .