Carmel Science and Technology Park - MITSO APPROVED, AS TO
CONSENT TO ENCROACH FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by
and between Midwest Independent Transmission System Operator, Inc., Indianapolis, Marion
County, Indiana 46278 "Owner and the City of Carmel, Hamilton County, Indiana, by and
through its Board of Public Works and Safety "City
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate "Real Estate in the
Carmel Science and Technology Park Subdivision which is located within the corporate limits of
the City of Carmel, Indiana "Subdivision and
WHEREAS, the official plat of the Subdivision was recorded in the Office of the
Hamilton County Recorder on March 29, 2000 in PC 2, Slide 413, as Instrument Number
200000014110, as Lot One, Block 7 of Carmel Science and Technology Park; and
WHEREAS, Owner wishes to construct and install an irrigation system (the
"System on the Real Estate; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed
location of the System on the Real Estate, a copy of which is attached hereto and incorporated
herein by this reference as Exhibit A; and
WHEREAS, the System will be constructed and installed on a portion of the Real
Estate designated as a fifteen (15) foot Landscape and Utility Easement "Easement identified
as "15' Landscape Esmt" on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the
"Encroachment upon the Easement, which Encroachment is highlighted on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, the installation of the System as proposed by the Owner on Exhibit A
should not materially interfere with the City's use of the Easement.
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 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 System from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the
System as City deems necessary, in City's sole discretion, to install, protect and /or repair any utility
lines or sewer lines located in the Easement, 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 System.
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 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 Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred
by City to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance or operation of the System. Owner agrees
to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a
recorded copy of same within thirty (30) business days of the effective date of this Agreement. In
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ODMA \MHODMA \INIMAN2;338728;1
1'
the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City
recording same, at Owner's sole expense.
7. The parties agree that the terms of this Agreement shall be binding upon and
inure to the benefit of their respective heirs, administrators, successors and assigns.
8. The parties executed 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.
9. This Agreement shall be effective as of the date on which it is last executed
by a party hereto.
"OWNER" "CITY"
Midwest Independent Transmission System CITY OF CARMEL, INDIANA BY AND
Operator, Inc. THROUGH ITS BOARD OF PUBLIC
WOR S AND SAFETY
By: ..L
Printed: ZZ. e !J mes Br ard, Presiding Officer
Title: Y� �ar� aretLc�yiC��, Date: ci
Date: 20b'
/4"
M. ry An, Burke, Member
Date: _a
Billy Wp Member
Date:
Attest:
(CAA (l $7_ ee_ag LEA, De OW
Diana Cordray,lAMC, Clerk- Treasurer
Date: U L
-3-
ODMA\M HODMA \I N I MAN2; 338728;1
STATE OF INDIANA
SS:
COUNTY OF mar;o
Before me, a Notary Public in and for said County and State, personally appeared
R6h; the V P p. Secy. of Midwest Independent Transmission System
..Operator, Inc., by me known, and who acknowledged the execution of the foregoing "CONSENT
!TO ENCROACH" as his /her voluntary act and deed and on behalf of said corporation.
Witness my hand and Notarial Seal this ao day of F�hr��r/ 2001.
NOTARY PUBLIC
My C Expires .10 oroVhy M
M cry k ,P,001 Printed Name
My County of Residence: Herd r
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 BILLY WALKER, by me known, and by me known
to be the Members of the City of Carmel Board of Public works and Safety, and IANA —L.CAR I E
LIA.Lu kEK @R{3RAYA Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the
foregoing "Consent to Encroach" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this �T day of L- E� �LLiLutt -k"' 2001.
NOTARY PUBLIC
My Commission Expires 01? 1 S
off'' Printed Name
My County of Residence: 1 -/c?o of 7 PI
This instrument was prepared by Joseph M. Scimia, Attorney, Baker Daniels, 600 East
96 Street, Suite 600, Indianapolis, Indiana 46240.
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:ODMA \MHODMA \INIMAN2,338728;1
FINAL SECONDARY PLAT
LOT O''' E BLOCK 7
CARMEL SCIENCE AND TECHNOLOGY PARK
�ry g,,, ...y/
I
N w3o6ot 42.66 il-
n41'J(f00t 2806
N41•0'00t -2637 0' 100' 200'
W 5.19 fir.:+ �;fR; O".F9:1:3w4i :y
BLOCK 7 SCALE: 1' =100'
b', �i P
B.M3PAG
a
o�crn. ralgvE DATA cuROE DATA C7
,w 3 Q e 13.15'21' a .157]'51'
C:_� OR t R 66500' R 63.100'
L ��St 1Y1Y06t -�.M' 1 •224.16' i =95.00
X56^51'291 4216 )f qlN y9k/ir L 4.7241' L 168 63.
t7 w /k C 42183' C 188 01'
I� N1Y1Y064 -eau
��'tA�T_� I 15 945 DATA CZ r1IRVE DATA CA
i�• z` N. e 23'42'52'
I 15 SC d aa..► Q I R ]5500' e 20 00 4'
I/ T. I T 15851' R 25 W
.I L 31249' T 43 9 ��-i\ P•. I C 31017' L =1J(A'
10' BUILDING SETBACK LINE C 37.95'
I
:."1 1 1 10' San1larY. d Utility Easement CJ\ I I CURVE DATA C] (zIR�E DATA
3 F I 5' UnL\ DSCAPE d
E54 Al M
I I "14... e 545 0 50' e 23
i R 54500' R .7]0.00'
I T 340.53. T 161
C•608.75 L- 1111.70'
3S 38 II ii BLOCK 7 ��ia 35 0 c 577.5T C 316.4]9'
+NE 9.2 ACRES± I ccROE DATA c1 rJROE DATA CIQ
0 RA L 10.497 ACRESt
a 1 e 04•35•20 e= 63 G1 20' Sanitary. Welty Cowmen! R 545.00' R 530.01
20' d Ul91ty Easement 11 T 21.61' T 329.65'
W, F. I a I I L• L•58981'
\d' C 11 C 559.84'
I It 1 t C11R45 DATA 011.. II F (LH1� DATA CS
8 VR I e 96'C9'06'
e 89'48'06' R 2500'
0,.. 1 landscape E^ t N I euiml>[e t R 20.00' R PoINT (C BEGRe91NG �r 10 'uten9 Fe 57 T 19.95
9 299 ACRES* rc I L 42.85
StX1'16084 35.]tl i C JI.JY C 37.76
c 2621'
POINT Cr BEC'et ING I I f]FM DATA rfl rAIRVE DATA CIZ
10.49) AEBEii t I 30 L DIN new 1 1 2 U t61ty Ec�
15' IANOSGPE .II
5697]0011- 61.91' Ti ITY E54 T. 2 I f e 12'5e 69'!8'08'
w
R 655 CO' 00' R 25.IXY It -II r a 1.1 T 3918
569'X!001- 44 97 1.�, y 'r '0 tiY C 117 n C ]5.29' V�1f •I�1 �?Ira. R t L •11807 L 3916
r� 500 1908 -729.66' R N
l �E:IetMa R/w 4 88'4Y00t 25.
800 -3506
500.IBtet- 52691' o y GUILFORD ROAD f !w
7
-.R/w 588 25.00' N 00 1005.01' i 70NING: M3
1402 45.00 1 1
EXHIBIT 44/'111 I Owner: Reliastar Life Insurance S.
Company
100 6 I Minneapolis, MN 5401 t212Suite 800 1
i I Phone: (612) 342-3884
I ENCROACHMENT
jSubdivider: Keenan Investment Partners Carmel, Inc.
1301 Gervoic Street, Suite 600
BLOCK 13
CARMEL SCIENCE TECHNOLOGY PARK I I Columbia, SC 29211 -1610
Phone: (803) 254 -2300
P.B. 13 PAGES 65 -71
Surveyor: American Consulting Engineers, Inc.
4165 Millersville Rood
Indianapolis, Indiana 46205
Phone: (317) 547 -5580
00110i SUB415510,4' SHEET N0.
AMERICAN CONSULTING ENGINEERS, INC, 0000400047.1999 I
DR AMN
4165 MILLERSVILLE ROAD REVISED: a' of
INDIANAPOLIS COPYRIGHT 2000 INDIANA .r013 450. 99 -]66 Nip
(11 50 5560 6205.2998
I I 4
BAKER DANIELS
EST. 1863
96TH STREET OFFICE
600 E. 96TH STREET, SUITE 600 INDIANAPOLIS, INDIANA 46240 (317) 569 -9600 FAX (317) 569 -4800 www.bakerdaniels.com
JOSEPH M. SCIMIA INDIANAPOLIS
DIRECT (317) 569 -4680 FORT WAYNE
DIRECT FAX (317) 237 -8580 SOUTH BEND
e -mail: jmscimia @bakerd.com ELKHART
WASHINGTON, D.C.
QINGDAO, P.R. CHINA
February 5, 2001
City of Carmel
Board of Public Works and Safety
c/o Dept. of Engineering
One Civic Square
Carmel, IN 46032
Attention: Lisa Meek Dick Hill
Re: Irrigation System Encroachment Midwest Independent Transmission
System Operator, Inc. 860 South Guilford Road, Carmel, IN.
Dear Board Members:
Please accept this letter as a formal request from Midwest Independent
Transmission System Operator, Inc. "MISO for approval to install an irrigation system within
a portion of a fifteen (15) foot Landscape and Utility Easement. MISO proposes to install the
system along City Center Drive; Guilford Road; and, a portion of Carmel Drive at its intersection
with City Center Drive, as shown on the enclosed plans.
Sincerely,
4/iik
ose 1 Sc nia
545678„
enclosures o
07 FEB 2001
cc: Raymond Driscoll, Midwest ISO
a RECEIVED ER
AA�� V
4Y
ENGINEER E
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