HomeMy WebLinkAbout2013-R-1 STATE OF INDIANA
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
RESOLUTION NO. 1 -2013
A RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY
TO THE JEFFERSONVILLE SANITARY BOARD
WHEREAS, this Common Council of the City of Jeffersonville, Indiana (hereinafter this "City
Council "), is the legislative body of the City of Jeffersonville (the "City ") government unit pursuant to
the provisions of IND. CODE § 36- 4 -6 -3; and,
WHEREAS, the City of Jeffersonville Sanitary Board (hereinafter the "Sanitary Board ") has
been established by ordinance of this City Council pursuant to the provisions of IND. CODE § 36- 9 -23 -4;
and,
WHEREAS, the Sanitary Board, in reliance upon the professional advice of the City Engineer
and its professional consulting engineers, has determined that the City needs to acquire the entirety of
certain parcels of real estate owned by Gary R. Speth, Sr. ( "Speth "), located at the commonly known
addresses of 217 and 219 West Maple Street, Jeffersonville, Clark County, Indiana (the "Speth
Property "), for use in constructing, operating, and maintaining a sanitary sewer pipe to alleviate
combined sewer overflows ( "CSOs ") pursuant to the provisions of an amended consent decree between
the City and the United States Environmental Protection Agency (the "Project "); and,
WHEREAS, on May 20, 2011, the Sanitary Board extended an offer to purchase the Real Estate
from the Speth for a purchase price equal to its appraised value of $25,900.00 (the "Offer "); and,
WHEREAS, on December 1, 2011, the Sanitary Board filed a complaint in the Clark Circuit
Court as Case No. 1 0001- 1112 -PL- 000120 seeking to acquire the Speth property needed for the Project
(the "Litigation "); and,
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WHEREAS, pursuant to the terms of the draft conditional settlement agreement attached hereto
as Exhibit "A" (the "Settlement Agreement "), Speth has agreed to conclude the Litigation by accepting
the Offer, provided that the Sanitary Board agrees to pay the sum of $34,000.00 plus the conveyance by
exchange of certain real property owned by the City valued at $2,800 and located at an unassigned
address on Meigs Avenue that is more particularly described in attached Exhibit `B ", and which further
is more particularly depicted as Tract 1 in the drawing attached as Exhibit "C" (the "Exchange
Property "); and,
WHEREAS, the Sanitary Board has requested that the title to the Exchange Property be
transferred from the City of Jeffersonville to the Sanitary Board so that the Sanitary Board may convey
the Exchange Property to Speth, pursuant to the terms of the Settlement Agreement, and in accordance
with the provisions of IND. CODE § 36- 1 -11 -9 without compliance with the provisions of IND. CODE §
36- 1 -11 -7; and,
WHEREAS, the provisions of IND. CODE § 36- 1 -11 -8 permits the City Council to transfer
property to another governmental entity upon terms and conditions agreed upon by the entities
(including, without limitation, the payment of any amount of cash as agreed upon) as evidenced by
adoption of a substantially identical resolution by each entity; and
WHEREAS, the City Council now adopts this resolution for the purpose of authorizing the
transfer of title to the Exchange Property from the City of Jeffersonville to the Sanitary Board in
accordance with IND. CODE § 36- 1 -11 -8 so that the Sanitary Board may complete the acquisition of the
Speth Property pursuant to the Settlement Agreement.
NOW, THEREFORE, BE IT RESOLVED by this City Council as follows:
1. Approval of Transfer of Exchange Property. The City Council hereby authorizes and /or
consents to the transfer of title to the Exchange Property from the City of Jeffersonville to the Sanitary
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Board in accordance with IND. CODE § 36- 1 -11 -8 so that the Sanitary Board may complete the
acquisition of the Speth Property pursuant to the Settlement Agreement, including without limitation,
the transfer of the Exchange Property from the Sanitary Board to Speth in consideration for a reduction
of the purchase price to be paid by the Sanitary Board from $36,800.00 to $34,000.00.
2. Effective Date of Resolution. This Resolution shall be in full force and effect upon its
passage and promulgation as evidenced by the signature of the undersigned as the duly authorized
officer and representative of this City Council pursuant to the affirmative vote of a majority of the duly
appointed and serving members of this City Council.
So Resolved this C day of - 2013.
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA,
B c /
Connie Sellers, President
Attested by:
liA /1
Vicki Conlin, Jeffersonville City Clerk
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CERTIFICATE OF PRESENTATION TO THE MAYOR
The undersigned, as the duly elected and serving Clerk of the City of Jeffersonville, Indiana,
hereby certifies that I presented the foregoing Resolution to the Mayor of the City of Jeffersonville,
Indiana, at 1).60.M. on the Al day of /y� ��. 2013.
fAr 553
Vicki Conlin, Jeffersonville City Clerk
APPROVAL BY THE MAYOR
This Resolution, on presentation by the Clerk, was signed and approved by the undersigned as
the duly elected and serving Mayor of the City of Jeffersonville, Indiana, at /1-'5/ .M. on the
day of __'.� , 2013.
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Michael G. I oore, Mayor
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EXHIBIT
IN THE CIRCUIT COURT NO. 1 OF CLARK COUNTY
STATE OF INDIANA
CITY OF JEFFERSONVILLE, INDIANA,
FOR THE USE AND BENEFIT OF THE
JEFFERSONVILLE SANITARY BOARD,
Plaintiff,
v. Case No. 10001- 1112 -PL -120
GARY R. SPETH, SR., AND
MAINSOURCE BANK (F /K/A
INDEPENDENCE BANK),
Defendants.
SETTLEMENT AGREEMENT AND ORDER OF APPROVAL
Comes now plaintiff, City of Jeffersonville, Indiana, for the use and benefit of the
Jeffersonville Sanitary Board (hereinafter the "City "), by counsel, Amy J. Burnette, and further
come now defendant, Gary R. Speth, Sr. (hereinafter referred to as "Speth "), by and through
counsel, Ronald D. Culler, and advise the court that they have agreed to fully settle and
compromise the claims raised by the Complaint For Acquisition Of Real Property filed by the
City herein on the following terms and conditions:
1. The parties shall use their best efforts to close the City's purchase of Speth's real
property located at the commonly known addresses of 217 West Maple Street and 219 W. Maple
Street, Jeffersonville, Clark County, Indiana (the "Real Estate "), on the terms and conditions set
forth herein within forty -five (45) days following the court's review and approval of this
Settlement Agreement (the "Closing "), which real estate is more particularly described as
follows:
217 West Maple Street, Jeffersonville, Indiana
Being Twenty -six and one -half (26 -1/2) feet in width off the east side of
Lot No. 182 in the City of Jeffersonville, Clark County, Indiana, fronting
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on Maple Street and extending back southwardly to an alley.
219 West Maple Street, Jeffersonville, Indiana
Part of Lot No. One Hundred Eighty -two (182) in the City of
Jeffersonville, bounded thus: Beginning on the north line of said lot, 16-
1/2 feet eastwardly from the northwest corner of said lot; thence
Eastwardly and on the north line of said lot, 28 -1/2 feet to a stake in the
line of Basil Clyde Holmes; thence Southwardly, and with said line, 213
feet to the north line of an alley; thence Westwardly and with the north
line of said alley, 28 -1/2 feet to a point 16 -1/2 feet from the southwest
corner of said lot; thence on a line parallel with and 16 -1/2 feet from said
west line of said lot, 213 feet to the place of beginning.
2. Speth shall convey the Real Estate to the City by warranty deed free and clear of
any liens or encumbrances. In addition to the warranty deed, Speth shall deliver to the City, at
the Closing, such other documents as may reasonably be required by the City or its title company
issuing an owner's policy of title insurance for the Real Estate to issue such policy.
3. At the Closing, the City shall (i) pay Speth the sum of Thirty -six Thousand Eight
Hundred and No /100 Dollars ($36,800.00) for the purchase of the Real Estate (the "Purchase
Price), as adjusted as set forth in Paragraph 5 below, and (ii) convey to Speth certain real estate
located on Meigs Avenue that abuts real estate owned by Speth located on Chestnut Street,
which real estate is valued at $2,800.00 and is shown as Tract I on Exhibit A attached hereto (the
"City Real Estate ").
4. The City hereby represents and warrants that all official action required to
authorize the transfer of the City Real Estate has been taken by the City.
5. The City shall convey the City Real Estate to Speth by special warranty deed free
and clear of such liens, encumbrances and restrictions. In addition to the special warranty deed,
the City shall deliver to Speth, at the Closing, such other documents as may reasonably be
required by Speth or its title company issuing an owner's policy of title insurance for the City
Real Estate to issue such policy.
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6. The Purchase Price shall be reduced by (i) $2,800.00, as a credit for the in -kind
conveyance of the City Real Estate, (ii) any amounts necessary to clear any lien or encumbrance
on the Real Estate including, but not limited to the lien of Defendant, MainSource Bank, (iii) any
unpaid utility charges and (iv) real estate taxes pro -rated to the date of the Closing. To the extent
the real estate taxes for the period in question are not specifically ascertainable, the parties shall
base the pro- rations upon the most recent real estate tax assessments available, and such
proration shall be deemed to be final and conclusive.
7. The parties agree that Speth shall surrender possession of the Real Estate at the
Closing and the City shall surrender possession of the City Real Estate at the Closing.
8. The conveyance of the City Real Estate to Speth and the payment of the Purchase
Price to Speth by the City, as adjusted and /or recalculated pursuant to the terms of this
Settlement Agreement, shall constitute the total compensation to be paid by the City to Speth,
and the City shall have no further financial obligation to Speth on account of the conveyance of
the Real Estate.
9. The Closing of the Real Estate shall occur at a location in Clark County, Indiana,
designated by the City. The City shall bear all costs of closing the purchase of the Real Estate
and the City Real Estate except as expressly provided to the contrary in this Settlement
Agreement.
10. Following the Closing of the purchase of the Real Estate by the City, the parties
shall tender a joint stipulation of dismissal of this proceeding without prejudice, although the
parties retain the right to re -open this proceeding for the limited purpose of seeking enforcement
of the terms and conditions of this Settlement Agreement.
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11. Each party shall pay their own costs and attorney's fees incurred in this
proceeding.
12. Speth acknowledges that he (a) has read and fully understands the terms and
provisions of this Settlement Agreement, (b) has had an opportunity to consult with legal counsel
of his choice prior to executing this Settlement Agreement, and (c) now executes this Settlement
Agreement by his own free accord.
[The remainder of this page intentionally left blank. Signature pages follow.]
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WHEREFORE, Gary R. Speth, Sr. has approved this Settlement Agreement, and further
respectfully asks that this court approve this Settlement Agreement in all respects.
GARY R. SPETH, SR.
Read and approved as to form:
By:
Ronald D. Culler,
Counsel for Gary R. Speth, Sr.
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WHEREFORE, the City has approved this Settlement Agreement by the undersigned as
its duly authorized official and representative, and further respectfully asks that this court
approve this Settlement Agreement in all respects.
For the "City":
CITY OF JEFFERSONVILLE,
INDIANA, for the use and benefit of the
JEFFERSONVILLE SANITARY
BOARD
By:
Mike Moore, Mayor and
Chairman of the Sanitary Board
Prepared and approved as to form:
By:
_ Amy J. Burnette, Counsel for the City
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XHIBI 1...
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A
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IN THE CIRCUIT COURT NO. 1OF CLARK COUNTY
STATE OF INDIANA
CITY OF JEFF'ERSONVILLE, INDIANA,
FOR THE USE AND BENEFIT OF THE
JEFFERSONVILLE SANITARY BOARD,
Plaintiff,
v. Case No. 10001- 1112 -PL -120
GARY R. SPETH, SR., AND
MAINSOURCE BANK (F /K/A
INDEPENDENCE BANK),
Defendants.
ORDER APPROVING SETTLEMENT AGREEMENT
This court having carefully reviewed the Settlement Agreement tendered by the parties
hereinabove, and finding such agreement to be fair and equitable on its face, now finds that such
Settlement Agreement should be approved and entered of record in this cause.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the above
Settlement Agreement by and between plaintiff, City of Jeffersonville, Indiana, for the use and
benefit of the Jeffersonville Sanitary Board, and defendant, Gary R. Speth, Sr., is approved in all
respects.
Dated: January , 2013
DANIEL E. MOORE, JUDGE,
Clark Circuit Court No. 1
7
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Tendered by: Amy J. Burnette, #21630 -10
Distribution:
Amy J. Burnette, APPLEGA'I'E FIFER PULLIAM LLC, 428 Meigs Avenue, Jeffersonville, IN 47131-
1418
Ronald D. Culler, 1712 Williamsburg Drive, Suite 200, Jeffersonville, IN 47130
Mark J. Sandlin, 9301 Dayflower Street, Louisville, KY 40059
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EXHIBIT _
Part of Block No. Forty (40) in the Enlargment of City of Jeffersonville,
Clark County, Indiana, described as follows:
Beginning on the Eastern line of Meigs Avenue Seven (7) feet Southwardly
from the line dividing Lots Two x Three (2 x 3) in said Block No. 40; Thence
Eastwardly with said line One Hundred Ten (110) feet; Thence obliquely
Eastwardly to the line dividing said Lots 2 and 3, at the alley; Thence
Southwardly with the line of said alley Thirty (30) feet; Thence Westwardly
and parallel with said second and first described lines to a point on Meigs
Avenue Thirty feet Southwardly from the Place Of Beginning; Thence
Northwardly along the line of Meigs Avenue 30 feet to the beginning.
(DR 75, Pg. 348)
ALSO,
Part of Block Number Forty in said City of Jeffersonville, bounded thus:
. Beginning at a point in the Eastern line of Meigs Avenue 37 feet Southwardly
from the line dividing Lots Numbers 2 and 3 in Block; Thence Eastwardly on
• a line parallel with said dividing line 110 feet; Thence obliquely Eastwardly to
a point 30 feet Southwardly from said dividing line at the alley; Thence along
said alley to the Southern line of the levee Westwardly to a point 100 feet
Eastwardly from Meigs Avenue and 50 feet Southwardly from said dividing
line of Lots 2 and 3; Thence Westwardly 110 feet on a line parallel with said
dividing line to .a point in the Eastern line of Meigs Avenue; Thence along the
Eastern line of Meigs Avenue Northwardly 13 feet to the Place Of Beginning.
(DR 79, Pg. 566 -567)
Excepting from the above and not included in this search is the following
property:
Part of Block number Forty in said City of Jeffersonville, beginning at a point
in the Western line of said block 7 feet Southwardly from the line dividing lots
numbers two and three of said block; Thence Eastwardly and parallel with said
dividing line 110 feet; Thence Eastwardly with an oblique line (which if produced
would intersect said dividing line at the alley) 75 feet; Thence Southwardly to a
point 20 feet Southwardly from said dividing line and 110 feet Eastwardly from
said Western line; Thence Westwardly and parallel with said dividing lien 100
feet to the Western line of said block; Thence Northwardly 13 feet to the Place
Of Beginning.
(DR 80, Pg. 130-131)
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