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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:
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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
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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.
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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
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"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.
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