131st - St. Vincent Hospital Recorb on q 1-1 I -tom ceWecr
A 4--f& -1. tw gol0 0'12-30 (P
DULY ENTERED FOR TAXATION
Subject to final acceptance for transfer day 2010035890 RIGHT WAY $31.00
of 08/06/2010 10:1619P 10 PGS
20� Jennifer J Hayden IN
HAMILTON County
Parcel itor of Hamilton County Recorded IIIIIIII11111Ih lllll�_
0"1/ 11111111111111' I I I I d APPClOVZO AS TO FORM BY
RIGHT OF WAY DEDICATION AND STREET IMPROVEMENT AGREEMENT
THIS RIGHT OF WAY DEDICATION AND STREET IMPROVEMENT AGREEMENT (the
"Agreement") is made this SI day of J u.l 2010 by and between St. Vincent Carmel
Hospital, Inc., an Indiana Corporation "St. Vi cent and City of Carmel, Indiana, an Indiana
municipal corporation "City
Recitals
St. Vincent is the owner of a certain tract of real estate located in Carmel, Hamilton
County, Indiana, which is more particularly described in and depicted on Exhibit "A" (the
"Right -of -Way Parcel attached hereto and made a part hereof.
St. Vincent is in the process of the development and construction of certain
improvements on its real estate adjacent to the Right of Way Parcel which is more particularly
described in Exhibit "B" and in the deed recorded as Instrument 2004 -1730 in the Office of the
Recorder of Hamilton County, Indiana (the "St. Vincent Real Estate which improvements
have been approved by the Carmel Plan Commission (the "St. Vincent Improvements
The development plan for the St. Vincent Improvements, approved by the Carmel Plan
Commission (the "Development Plan on March 17, 2009 Docket No. 08070022 DP
Amend /AD LS, provides for an entrance and curb cut on West 131 Street (Main Street) (the "St.
Vincent Entrance
City is planning to improve and upgrade 131 Street (the "131`` Street Improvements
in the vicinity of the St. Vincent Real Estate to accommodate the additional traffic expected on
131 Street generated from the proposed construction of an interchange at 131 Street and U.S.
Highway 31; which improvement and upgrade may include the expansion of the right -of -way of
131 Street beyond the current thoroughfare plan standards and the construction of a multi -lane
parkway with a median. St. Vincent acknowledges that there is no timeframe for the 131 Street
Improvements and that the City does not warrant or guarantee that the 131 Street Improvements
will take place.
City is willing to design the 131 Street Improvements to provide for an entrance, curb
cut and median cut to allow for full access to the St. Vincent Real Estate to and from eastbound
and westbound traffic on 131 Street, subject to the terms of this Agreement.
EXEMPT FROM
SALES DISCLOSURES Fs
St. Vincent is willing to grant and convey fee simple title to the Right -of -Way Parcel to
City, and to grant and convey fee simple title to the additional right -of -way that will be required
in the future to allow for the improvement and upgrade of 131 Street (the "Additional Right
of -Way Parcel a conceptual drawing depicting the Additional Right -of -Way Parcel is
depicted on Exhibit "C" attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of the premises, the following mutual covenants and
obligations, and other good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
GRANT OF RIGHT -OF -WAY PARCEL. St. Vincent agrees to grant and convey fee simple
title to the Right -of -Way Parcel to City by corporate warranty deed for no compensation.
GRANT OF ADDITIONAL RIGHT -OF -WAY PARCEL. Upon the finalization of the
construction plans for the Road Improvements and the delivery by City of the legal description
of the Additional Right -of -Way Parcel, St. Vincent agrees to grant and convey fee simple title to
the Additional Right -of -Way Parcel to City by corporate warranty deed to City for no additional
compensation.
DESIGN OF ROAD IMPROVEMENTS. City agrees that it will design the 131 Street
Improvements, as described below, so as to ensure that the St. Vincent Real Estate has full
access to 131 Street. It is City's intent to allow full access between the St. Vincent Real Estate
and 131 Street, however, City reserves the right to modify the Road Improvements, including
but not limited to, the location of left turning access across 131st Street, if and as warranted by
public safety issues. It is understood and agreed that, in recognition of the substantial investment
being made by St. Vincent in the St. Vincent Improvements, eastbound traffic on 131st Street
must be able to have access to the St. Vincent Real Estate. Subject to modifications required for
public safety issues, the Road Improvements will include, but are not Limited to: (a) a curb cut on
the westbound lane of 131 Street to accommodate the forty -one (41) foot wide entrance /exit to
and from the St. Vincent Real Estate as shown on the Development Plan; (b) a multi -use path or
other pedestrian facilities and improvements in accordance with the plans and specifications
adopted by the City for the improvement and reconstruction of 131 Street; (c) a cut in the
median of 131 Street to allow: (i) eastbound traffic on 131 Street to enter onto the St. Vincent
Real Estate with a dedicated left turn lane; and (ii) exiting traffic from the St. Vincent Real
Estate to make a left turn to proceed in the eastbound traffic lane(s) of 131 Street; and (d)
installation of all street lighting fixtures as may be specified and installed now or in the future by
City along 131 Street adjacent to the St. Vincent Real Estate without contribution from St.
Vincent. A conceptual drawing of the future entrance showing the Road Improvements is
attached hereto and made a part hereof as Exhibit "D City shall provide preliminary design
plans for the 131 Street Improvements to St. Vincent for their review and comment to ensure
that the design is consistent with terms and conditions of this Agreement. The City will allow up
to sixty (60) days for St. Vincent to complete its review prior to the City proceeding with final
Construction Drawings. The City shall endeavor to accommodate any comments and /or concerns
raised by St. Vincent provided that such comments are consistent with the terms and conditions
of this Agreement and do not compromise public safety and /or accepted design and construction
practice and standards.
2
CONSTRUCTION OF ROAD IMPROVEMENTS. Except as necessary due to unforeseen
circumstances, City shall construct the 131 Street Improvements in strict accordance with the
final Construction Drawings for the 131st Street Improvements. Construction of the 131 Street
Road Improvements shall be coordinated with St. Vincent to minimize interruption in or impact
on the ability to enter or leave the St. Vincent Real Estate via 131 Street. No additional
compensation shall be payable to St. Vincent for damages directly related to the construction of
the Road Improvements and arising out of the reasonable temporary reduced or lack of use of an
existing entrance /exit to and from the St. Vincent Real Estate during construction.
Notwithstanding the provisions of this Agreement, it is understood and agreed that City is not
obligated to construct the Road Improvements but that if it does elect to construct the Road
Improvements, the Road Improvements will be made in accordance with the terms and
conditions of this Agreement.
EXISTING UTILITY SERVICE LINES. City will bear any and all costs and expenses
incurred with the relocation and /or repair of any existing utility service lines in connection with
the construction of the Road Improvements. City shall not have any responsibility with respect
to such existing utility service lines as related to St. Vincent's construction of the curb cut and
the St. Vincent Entrance.
PERMITS AND APPROVALS. Each party shall obtain all necessary permits, approvals and
bonds for the construction of the curb cut and St. Vincent Entrance and the Road Improvements,
as applicable.
MECHANIC'S LIENS. Each party agrees to promptly discharge (or cause to be discharged)
any mechanic's or materialmen's liens asserted against the other party's property that arise out of
or in connection with construction of the St. Vincent Entrance or the Road Improvements, as
applicable.
CURB CUT AND CONSTRUCTION OF ENTRANCE TO ST. VINCENT REAL ESTATE. It is
understood and agreed that St. Vincent may develop the St. Vincent Real Estate and construct
the St. Vincent Entrance prior to the construction of the Road Improvements by the City. City
agrees to grant St. Vincent a curb cut contemporaneously with the execution of this Agreement
consistent with the curb cut shown on the Development Plan for the St. Vincent Entrance. St.
Vincent shall construct the St. Vincent Entrance in strict accordance with the Development Plan
and shall obtain all necessary permits, approvals and bonds for the construction of the St.
Vincent Entrance. It being understood and agreed that St. Vincent will not be responsible for
any improvements to West 131 Street beyond those improvements necessary to install the curb
cut and the St. Vincent Entrance in accordance with the Development Plan. Construction of the
curb cut and St. Vincent's Entrance shall be coordinated with City to minimize any interruption
in or impact on traffic on 131 Street. St. Vincent shall be responsible for any additional traffic
control measures which are required as a result of the construction of the curb cut and the St.
Vincent Entrance.
SEVERABILITY. The illegality, invalidity or unenforceability under law of any covenant,
restriction, condition or other provision of this Agreement shall not impair or affect in any
manner the validity, enforceability or effect of the remaining provisions of this Agreement.
APPLICABLE LAW. This Agreement shall, in all respects, be governed, construed,
applied and enforced in accordance with the laws of the State of Indiana.
3
MODIFICATION. This Agreement may not be modified or amended, except pursuant to a
written agreement in recordable form executed by each of the parties hereto.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and
agreement between the parties and supersedes all prior agreements (whether written or oral),
representations and understandings of the parties relating to the subject matter of this Agreement.
No representations have been made to induce the other party to enter into this Agreement except
as expressly set forth herein.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
t qQA1YY N. U
��,��w1SoT1
�3 z
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective
as of the day and year first above written.
CITY ST. VINCENT
City of Carmel, Indiana St. Vincent Carmel Hospital, Inc.
an Indiana municipal corporation an Indiana corporation
By: City of Carmel Board of y: ��!%f /ti
Public Works and Safety ichael D. Chittenden
President
J
ames Brainard, Mayor
M ur• e, Member
Lori tson, Member
Approved as to form by: Douglas C. Haney, Esq., Carmel City Attorney
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 Lori Watson who being first duly sworn by me upon their oath, that they are the
elected and appointed members of the City of Carmel Board of Public Works and Safety, they are duly
authorized to execute the foregoing on its behalf, that any statements or representations of fact contained
therein are true, and each acknowledged execution of the foregoing.
Witness my hand and Notarial Seal this p2 l day of Ju��` 2010.
NOTARY PUBLIC
w
SIAALISCO
s
Printed: So G�. YY\ ��(Z. r1� n r? f
My Commission Expires: My County of Residence:
3ola b' .acne` sor-.
5
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said county and state, personally appeared Michael D.
Chittenden, who being first duly sworn by me upon his oath, stated that he is the President of St. Vincent
Carmel Hospital, Inc., he is duly authorized to execute the foregoing on its behalf, that any statements or
representations of fact contained therein are true, and he acknowledged execution of the foregoing.
Witness my hand and Notarial Seal this day of 2010.
-t NOTARY PUBLIC
4. reut
q
yC',rn'titission Expires: My County of Residence:
30 e. ZO 15 �-iaau t dr,
This instrument was prepared by Paul G. Reis, Attorney -at -Law, Krieg DeVault LLP,
12800 N. Meridian Street, Suite 300, Carmel, Indiana 46032.
I hereby affirm, under penalties for perjury, that I have taken reasonable care to redact each
Social Security number in this document, unless required by law.
Paul G. Reis
KD 2734750 3.DOC
6
EXHIBIT A
Right-of-Way Parcel
Drawing and Legal Description for Right-of-Way Parcel
STE:EN KNAPP
LOT 3 INsr, No. 2oolc.
LOT 2
N)RTH z
IAN HBOI
SECTION ONE
PLAT FiCOK 2, PAGE 1:1.0
ST. VINCENT CARMEL I TAU INC
cr)
INST. NO, 2CX}40U0
PRoPosED R/W
0.435 ACRES
RIGHT OF WA PER
ttoRTH MERIDIAN HEIGHTS —PROPOSE D 60 R/W
SECTION ONE
N 69 06:41 315.95'
S 00'05 W
PLAT BOOK 2, PArI;E 130
p_
S 06 41" W 31 .9;' jiO. h 1 7
N 000559 E POINT OF
60.01" BEGINNING
VVEST MAIN STREET
SOUTH UNE, F.K7RTHEA7 GU...RTER SE CUR, NW 1/4
SEC. 26—T1 R3E SEC, 26 —T113N—V3E
HARRI':: MONUMENT FOUNO
PER C. SkirivEYUR REFERENCE TIE:.
A part of the Northwest Quarter of Section 26, Township IS North, Range 3 East of the
Second Principal Meridian K.1211iliOn C:ounr, Indiana, more particularly deLcribed as follows:
Commencing at the southeast collier of said quarter section thence South 89 degrees 06 minutes
41 seconds West along the south line of said quarter section 379.75 feet to the southeast comer of
the parcel of land described in the deed to Sc. Vincent Carmel Hospital., Inc. (hereinafter referred
to as St. Vincent land) as recorded in Instrument Number 200=10001730 i the Office of th
Recorder of Hamilton County, Indiana, and the POINT OF BEGINNING of this description;
thence continuing South 89 degrees 06 minutes 41 seconds West along sai d! south line 315.95 feet
to the southwest comer of Laid St. Vincent land; thence North 00 degrees 05 minute!, 59 seconds
East along the west boundary line of said S. Vincent and 60.01 feet: thence North 89 degrees 06
minutes 41 seconds East 315.95 feet to the east boundary line of said St. Vincent land; thence
South 00 degrees 05 minutes 59 second:, along said east boundary line 60.01 feet to the.
POINT OF BEGINNING and containinz 0.435 acres, more r less.
EXHIBIT B
Legal Description of St. Vincent Real Estate
Instrument 2004 -1730
A part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 18 North, Range 3 East of the
Second Principal Meridian, Hamilton County, Indiana, being more particularly described as follows:
Beginning on the South line of said quarter section South 89 degrees 48 minutes 50 seconds West 379.75 feet of
the Southeast corner thereof; thence continuing South 89 degrees 48 minutes 50 seconds West 315.95 feet along
said South line to a point which is 1968.68 feet measured (1967.29 feet deed) East of the Southwest corner of
said quarter section; thence North 0 degrees 48 minutes 08 seconds East, parallel to the East line of said quarter
section, 1310.91 feet (1312.4 feet deed) to the North line of said quarter quarter section; thence North 89
degrees 46 minutes 55 seconds East 315.95 feet along said North ltne; thence South 0 degrees 48 minutes 08
seconds West, parallel to the East line of said quarter section, 1311.09 feet (1312.4 feet deed) to the Point of
Beginning, and containing 9.508 acres, more or Tess.
8
EXHIBIT C
Conceptual Drawing of Future Right-of-Way Parcel
r4c
-4
NORTH M ERD IAN HOD HTS 1
SECTION ONE
PLATT F CO K 2.„ RAG E 130 ST, VINCENT 'CARMEL HOSPITAL, 1N1;
1/1-=
NST, 2004(JO0 r130
FUTURE RAW
PROPOSED R/W
a.44 ACRES
IDHT DF PER
NORTH MERIDIAN HEI G HT F3 i t 1 FUTuRE fr
SECTION CNE
PLAT BOOK 2, P E .7-1)
1
WEST MAIN STREET
sotim UN E. NORTHEAST OUAR1E E CCI, :IN /4
SEC,. 26—T 1F:11—FE
SEC 2 I1C—T I3N—RiE
HARR ISON MONUM ENT FOUM
PER COUNTY SLIF.IVEYOR REFER ENC.; E mE S
II USE ONL'Y
9
EXHIBIT D
Conceptual Drawing of Future Entrance with Road Improvements
1 I
....m 1
A 1
m i ,i...... .4 4 i
f ,_.,..„.Lk
11,
f14J "1 r 1.7 •41.44 --r--77:
1
1_, I
r i
7 _7'_---
..:=.i.-_:i-,-,----.__„__,...-----.-.,7, •,..---,.....,--1._
--=-1:----
o 6104
10
I
I
*This document is being re- recorded
to correct Exhibits A and B.
2010035890 RIG T Y .00
20 /06/20 10. 6:19WA,4 1 PGS
Jennifer J de n n e corder IN
HAMILTON Co
Recorded a Pre 1.ed
1811111111111111 ,IIIIII�IIIIIIIiII I IIIIIIIIIIII APPROVE:0 AS TO FORM BY
RIGHT OF WAY DEDICATION AND STREET IMPROVEMENT AGREEMENT
THIS RIGHT OF WAY DEDICATION AND STREET IMPROVEMENT AGREEMENT (the
"Agreement is made this j day of 2010 by and between St. Vincent Carmel
Hospital, Inc., an Indiana Corporation "St. Vinc nt and City of Carmel, Indiana, an Indiana
municipal corporation "City
Recitals
St. Vincent is the owner of a certain tract of real estate located in Carmel, Hamilton
County, Indiana, which is more particularly described in and depicted on Exhibit "A" (the
"Right -of -Way Parcel attached hereto and made a part hereof.
St. Vincent is in the process of the development and construction of certain
improvements on its real estate adjacent to the Right of Way Parcel which is more particularly
described in Exhibit "B" and in the deed recorded as Instrument 2004 -1730 in the Office of the
Recorder of Hamilton County, Indiana (the "St. Vincent Real Estate which improvements
have been approved by the Carmel Plan Commission (the "St. Vincent Improvements
The development plan for the St. Vincent Improvements, approved by the Carmel Plan
Commission (the "Development Plan on March 17, 2009 Docket No. 08070022 DP
Amend /ADLS, provides for an entrance and curb cut on West 131 Street (Main Street) (the "St.
Vincent Entrance
City is planning to improve and upgrade 131 Street (the "131 Street Improvements
in the vicinity of the St. Vincent .Real Estate to accommodate the additional traffic expected on
131 Street generated from the proposed construction of an interchange at 131 Street and U.S.
Highway 31; which improvement and upgrade may include the expansion of the right -of -way of
131 Street beyond the current thoroughfare plan standards and the construction of a multi -lane
parkway with a median. St. Vincent acknowledges that there is no timeframe for the 131 Street
Improvements and that the City does not warrant or guarantee that the 131 Street Improvements
will take place.
City is willing to design the 131 Street Improvements to provide for an entrance, curb
cut and median cut to allow for full access to the St. Vincent Real Estate to and from eastbound
and westbound traffic on 131 Street, subject to the terms of this Agreement.
ltr
2010042306 RIGHT WqP 2 0
y $30 \l w�
09/02/2010 02: 54;29 PGS
Jennifer J Hayd
HAMILTON County Recorder IN
Recorded as Presented
IIIIIIIIIIIIIIIIIIIIII !IIihllllllI /f/ llllllllllllllllllllllllllll