13500 N. Meridian - St. Vincent Carmel Hospital 2008034845 ENCROACHME $24.00
giv 07/02/2008 02:25:03P 7 PGS
Jennifer J Hayden
0 HAMILTON County Recorder IN
Recorded as Presented
CONSENT TO ENCROACH
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
1
St. Vincent Carmel Hospital, 13500 North Meridian Street, Carmel, Hamilton County, Indiana, 46032
"Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works
and Safety "City
WITNESSETH:
WHEREAS, Owner owns and maintains facilities on parcel numbers 17- 09- 25- 00 -00- 001.002 and
17- 09- 26- 00 -00- 003.001, with a common address of 13500 North Meridian Street, Carmel, Hamilton
County, Indiana, 46032, which is located within the corporate limits of the City of Carmel, Indiana; and
WHEREAS, the official corporate warranty deed was recorded in the Office of the Hamilton
County Recorder on January 8, 2004 as Instrument No. 200400001729; and
WHEREAS, Owner wishes to install an entrance sign, associated with the facilities on parcel
numbers 17- 09- 25- 00 -00- 001.002 and 17- 09- 26- 00 -00- 003.001, landscaping, and buried electrical
conduit, associated with supplying electrical power for an internal lighting system of the entrance sign,
(referred to hereinafter as the "Site Improvements on real estate owned by the City of Carmel per
instrument number 200500019842 "City Real Estate attached hereto and incorporated herein by this
reference; and
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WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of
the Site Improvements, copies of which are attached hereto and incorporated herein by this reference as
Exhibit A; and
WHEREAS, the Site Improvements will be constructed on a portion of the City Real Estate
designated as public right of way (the "Right of Way identified as "Old Meridian St." on Exhibit A; and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvements will encroach (the
"Encroachment upon the Right of Way, which Encroachment is generally crosshatched on the Sketch,
and does not include a crosshatched area for a buried electrical conduit(s) to supply electrical power for an
internal lighting system of the entrance sign, which, in general, will run between the limit of the City Real
Estate to the Encroachment and shall be limited to an area 5 -feet in width, centered on the installed
conduit(s); and
WHEREAS, Owner and City acknowledge the locations of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit A; and
WHEREAS, the location of the Site Improvements as indicated by the Owner on Exhibit A should
not materially interfere with the City's use of the Right of Way.
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
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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 Site Improvements and/or the Encroachment from what is depicted
on Exhibit A. Owner covenants and agrees not to extend, increase, modify, alter,
reconfigure or otherwise change the height, width, or size of the entrance sign beyond that
which is approved by the City under a separate process.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvements
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 Right of Way, 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 Site Improvements or to Owner.
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
City 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 Right of Way.
deb :mstcord:s:\sharcd\Jpickett\forms \consents to encroachlcarmel st. v cte (sign in rw),doc:3 /I I/08] 3
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to
replace or repair any damage to any or all of the Right of Way and/or any improvements
located therein caused by the installation, construction, maintenance or operation of the
Site Improvements.
7. Owner agrees 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, Owner agrees and consents to City recording same, at Owner's sole expense.
8. The parties hereto agree that the terms of this Agreement shall be binding upon and inure
to the benefit of their respective heirs, administrators, successors and assigns.
9. The persons executing 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.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
11. This Agreement does not authorize the installation of irrigation lines within the Encroachment.
"OWNER",tAt .�i "CITY"
CITY OF CARMEL, INDIANA
Tom Morlock, Director of Facility Se r/ 1s
Date: 3/2 g BY AND THROUGH ITS BOARD OF
PPUBBLIIC WORKS AND SAFETY
James Brainard, Presiding Officer
O at I .d
l�1� 1'..�
Mary Acn Burke Member
Date: 0 7--0K
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Lori Watson, Meemb r
Date: 4 a-/1�.
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/Diana Cordr, y IA C Cilerk-Treasurer
Date:
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STATE OF INDIANA
j cif SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared TOM
MORLOCK, by me known, and who acknowledged the execution of the foregoing "CONSENT TO
ENCROACH" as his /her voluntary act and deed.
hand and Notarial Seal thi ll
Witness my y s��'� �ay of n 2 0� r
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NOTARY PUBLIC
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My Commission Expires: p
Printed Name F
F �r,�li s
Renita M Kinnaman r,1
Notary Public Seal State of Indiana My County of Residence: 11 Ai 1
Hamilton County
My Commission ExE:res 09/24/2015
STATE OF INDI �A
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared -VA IESvh;
-B A D, MARY ANN BURKE and LORI WATSON, by me known, and,,by e lCn'owii \to be the' r
Members of the City of Carmel Board of Public Works and Safety, and DIAN V Clerk hn5(
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the •foregp iag Qoi s eaat'To
Encroach" on behalf of the City of Carmel, Indiana. r3 ',-i 1
Witness my hand and Notarial Seal this r 1 day of 1'�(( '7, 20h0"
!ANA
NOTARY PUBLIC r
My Commission Expires: "is,, crea
An r\ Do \iI S t
y/7/49 Printed Name
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My County of Residence: L L C L( 1 DIM
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law. 1pt1l� j S C Re_
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