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HomeMy WebLinkAboutGalliganAGREEMENT This agreement is entered into on the ¢. day of November 2003, by and between the Jeffersonville Municipal Sewage Utility by and through the Jeffersonville Sanitary Sewer Board (the "City") and Anne Marie Galligan ( Developer ). RECITALS Whereas, the City has constructed a new sanitary sewer interceptor (known as Pleasant Run sewer interceptor) extending from Utica-Sellersburg Road, in Clark County, Indiana, to Bethany Road in Clark County, Indiana; and Whereas, Developer has requested a permit from the City to extend the sanitary sewer collection lines to be installed by Developer on the real property described in Exhibit "A" attached hereto and made a part hereof (the "PrOperty") to the Pleasant Run Sewer Interceptor; and Whereas, Developer agrees that the Pleasant Run Sewer Interceptor is of great benefit to Developer in that sewage utilities will be made available to the Property at a substantial cost savings to Developer; and Whereas, in consideration of the City's agreement to allow Developer to connect to the Pleasant Run sewer interceptor and the City's sewage treatment facility, Developer has agreed, pursuant to the provisions of lC 36-9-23-29, and subject to the terms and conditions set forth herein, to; (a) waive any right of Developer to remonstrate against, or otherwise object to, any future annexation of all or part of the Property; and (b) reimburse the City $11,000.00 toward the cost of constructing the Pleasant Run sewer interceptor, as defined below (the ,'Connection Fee"). Now therefore, in consideration of the mutual promises contained herein, the City agrees that Developer is hereby authorized to connect the Property to the Pleasant Run sewer interceptor and the Developer agrees to pay the Connection Fee, subject to the respective obligations of the parties as follows: Develo er's Duties. A. Developer must pay the $11,000.00 connection fee in sixty-nine (69) installments of $159.42 each. One installment is due prior to the issuance of each sewer tap permit for each of the 69 lots in Developer's subdivision known as Juniper Ridge to be developed on the Property. C4 The connection fee does not create in Developer any ownership interest in the Pleasant Run sewer interceptor, or any right to refunds for connections to the Pleasant Run sewer interceptor. Developer must construct, and maintain for a period of one (1) year from the date of the City's acceptance, all sanitary sewer and storm drainage collection lines installed by Developer and located within the boundaries of the Property Developer shall execute a Verified Waiver of Right to Remonstrate Against Annexation in connection with Juniper Ridge Subdivision, in form and substance substantially similar to that set forth in Exhibit "B". A. The City must bear all construction costs of the Pleasant Run sewer interceptor except to the extent Developer is required to (i) pay the $11,000.00 connection fee under the terms of this Agreement, and (ii) construct the collection lines within the Property to the Pleasant Run sewer interceptor. B. The City must allow Developer to tie its installation lines from the Property into said Pleasant Run sewer interceptor at no additional expense. C. The City will own the Pleasant Run interceptor (including all sewage collection lines installed by the Developer, whether or not said lines are situated within the confines of the Property), and will operate, maintain and replace the sewer lines when necessary, subject to Developer's one (1) year obligation to maintain the sewage collection lines installed by Developer. Miscellaneous A. The laws of the State of Indiana shall govern this Agreement. This Agreement and all of the terms and provisions hereof shall survive the completion of construction of the Pleasant Run sewer interceptor and the Developer's construction of the collection lines serving the Property. B. The provisions of the Recitals of this Agreement are substantive and shall be included in any interpretation of the Agreement. C. The parties hereto represent that: (1) Developer owns the Property, (2) the parties are authorized to enter into this Agreement, (3) the execution of this Agreement is not prohibited by the organizational documents or Indiana statutes governing any party to this Agreement, (4) this Agreement is a valid and binding contract between the parties hereto, enforceable according to its terms, and (4) the execution of this Agreement does not conflict with or violate the terms of any Agreement to which any party hereto is subject. D. To the extent allowed by law, the City hereby indemnifies and holds Developer harmless from and against all suits, claims, demands, and other costs and expenses, including reasonable attorneys fees resulting from any allegations by any persons or entitles challenging the enforceability of this Agreement or the City's ability to enter into same. E. Nothing herein contained shall be deemed or construed as creating the relationship of principal and agent, partnership, or joint venture between the parties hereto. F. If any party to this Agreement defaults, the other parties shall be entitled to recover all attorneys' fees, costs and expenses reasonably incurred to enforce this Agreement. G. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses: City: The City of Jeffersonville Department of Law 4th Floor, City-County Building Jeffersonville, Indiana 47130 Developer: Anne Marie Galligan 1613 Tall Oaks Jeffersonville, IN 47130 All notices and other communications will be deemed received three (3) days after the date of mailing. A party's address for service of notices may be changed from time to time by giving written not~ce of the party new address to the other parties. I. This Agreement shall be valid and binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. DEVELOPER: ATTEST: CITYt~)~FE~E APPROVED BY THE CITY OF JEFFERSONVILLE SANITARY SEWER BOARD DEED THIS INDENTURE WITNESSETH, that EDWIN S. SEDWICK of Clark County, Indiana, CONVEYS AND QUITCLAIMS unto ANNE MARIE SEDWICK of Clark County, Indiana, for and in consideration of the sum of One Dollars ($1.00) and other good and valuable consideration, receipt whereof is hereby ack- nowledged, the following real estate in the County of Clark, State of Indiana, to-wit: Being part of Survey ~113 of the Illinois Grant and the tract described in Deed Record 220; page 41 as recorded in the Clark County Recorder's office in Jeffersonville, Indiana and more specifically described as follows: Beginning at a bronze marker on the line dividing Grants ~112 and ~113, thence N. 46© 44' 23" E. along the line dividing Grants ~113 and ~132, 2,494.37' to the true place of beginning at the tract to be described; thence S. 41° 01' 30" E., 65.00' to a pipe; thence S. 41° 49' 33" E., 556.67' to a pipe; thence N. 46© 03' 15" E., 452.60 to a pipe; thence S. 41° t1' 50" E., 1,407.30' to a pipe; thence S. 48° 50' 30" W., 613.91' to a pipe; thence N. 41© 01' 30" W., 2,001.42' to a point on the line dividing Grahts #113 and ~132; thence N. 46° 44' 23" E., 150.00 to the beginning containing 21.956 acres. Subject to all easements, restrictions, liens and encumbrances, and protective covenants of record affecting the same. taxes now after. The Grantee assumes and agrees to pay all real estate due and payable and all taxes and assessments there- EXHIBIT ~ This conveyance is made in compliance with a Decree of Dissolution, CauseNo. 16C01-9109-DR-274, entered on June L3 , 1992 by the Judge of Decatur Circuit Court. hand and seal this IN WITNESS WHEREOF, the Grantor has hereunto set his ~ ~ day of ~_~ , 1992. Edwin S. Sedwick STATE OF INDIANA ) ) ss: COUNTY OF CLARK ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Edwin S. Sedwick and acknowledged the execution of the above and foregoing deed, this day of ~ , 1992. WITNESS MY HAND and Notarial Seal. My Commission Expires: ~l~f~ ~ /Notary Publiu Clark County Resident The Grantee, Anne Marie Sedwick, acknowledges and accepts the conveyance of the above described real estate and requests that the tax statement be mailed to 5820 State Road 403, Charlestown, IN 47111. Anne Marie SedwlC STATE OF INDIANA ) ) ss: COUNTY OF CLARK ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Anne Marie Sedwick and acknowledged the execution of the foregoing tax statement maili~s.,~this ~0~ day of ~ , 1992. .~ITNESS MY HAND and Notarial Seal. ion Expires: ~h~o~ ~a~-~- /Notary Publiu Clark County Resident This Instrument Prepared by: Edwin S. Sedwick Attorney at Law 415 E. Court Avenue Jeffersonville, IN 47130 812/282-7200 Supreme Court No. 103-10 REALEST\QCD004.2 VERIFIED WAIVER OF RIGHT TO REMONSTRATE AGAINST ANNEXATION This document witnesses that Anne Made GalIigan, (hereinafter referred to as "Owner"), is the owner of 22 · 'n docum nts recorded in the office of the Recorder, Clark County, Indiana in acres of real esta_tetas described ~ r~.,ur~n~ ......... ,.~,,~ hr~inc~ the same pro erty conveyed to owner from d c~ instrument#_7~'5 7 [rne rru?~:~ ~.-T~ .... ..~_-,~:~ln~otedontsidetheCorporate D.~.eed Recort, ~__~_., -- ~^~ "Exhibit A", attacrtea hereto), wmcn rrop~y · ...... boundaries of the City of Jeffersonville, Indiana (the "City"). Pursuant to Indiana Code 36-4-3 et seq., and other Indiana law, in consideration for, and as a condition of, the Jeffersonville Municipal Sewer Utility's consent to allow Owner to connect the Property to the Jeffersonville Municipal sewer system, Owner, Owner's assigns and all successors in interest, do forever waive all rights to remonstrate or otherwise object, to the City's annexation of all or any part of the Property, either now or in the future. Owner further acknowledges that the City is not required to extend any part of its sewage collection system to accommodate the Owner's connection to the City's sewer system; that the Owner is responsible for payment of all expenses of connection to the City's sewer system; that this waiver does not exempt Owner or Owner's successors from paying tap-in fees for each building, structure or residence for which a tap-in is required; and that the Owner must comply with all applicable laws, regulations, policies and ordinances prior to connection to the City's sewer collection system. Owner also recognizes that unless and until the City annexes the Property, the cost originating from the Property is greater than the cost of treating sewage from real estate inside the City's municipal boundaries. I/We affirm, under the penalties for perjury, that the foregoing representations are true on this ___/t~ _ day of November, 2003. ~//.._,~ ~~ //~~ O~vner Owner STATE OF INDIANA ) ) SS~ · ' ~ ember 2003, before me personally appeared __ . . On th~s-/(}~- day °fN°v ~<:nown to me to be the O~vner(s) described here~n, and wh° executed tne and foregoing instrument, and acknowledged that they have the authority to execute this Verified Waiver of Remonstrance and that they voluntarily executed t~same. Printed Signature ,.. Resident of_ .~ County My Commisoion ~x]?ires: Prepared By: Anne Marie Oalligan, City Attorney 4'~ Floor, City-County Building Jeffersonville, IN 47130 (812) 285-6491 (ATTACH OWNER'S DEED AS EXHIBIT A) oUIT-CL~IM DEE~D THIS INDENTURE WITNESSETH, that EDWIN S. SEDWICK of Clark county, Indiana, coNVEYS AND QUITCLAIMS unto ANNE MARIE SEDWICK of clark County, Indiana, for and in consideration of the sum of One Dollars ($1.00) and other good and valuable consideration, receipt whereof is hereby ack- nowledged, the following real estate in the county of clark, State of Indiana, to-wit: Being part of Survey #113 of the Illinois ' d Grant and the tract describe in Deed Record 220; page 41 as recorded in the Clark county Recorder'S office in jeffersonville, Indiana and more specifically described as folloWS: Beginning at a bronze marker on the line dividing GrantS ~112 and ~I13, thence N. 46o 44' 23" E. along the line dividing Grants ~113 and ~132, 2,494.37' to the true place of beginning at the tract to be described; thence S. 41° 01' 30" E., 65.00' to a pipe; thence S. 41° 49' 33" E., 556.67' to a pipe; thence N. 46° 03' 15" E., 452.60 to a pipe; thence S. 41° 11' 50" E., 1,407.30' to a pipe; thence S. 48° 50' 30" W., 613.91' to a ~ipe! thence N. 41° 01' 30" W., 2,001.42' to a point on the line dividing Grahts ~113 and ~132; thence N. 46° 44' 23" E., 150.00 to the beginning containing 21.956 acres. Subject to all easements, restrictions, liens and encumbrances, and protective covenants of record affecting the same. The Grantee assumes and agrees to pay all real estate taxes now due and payable and all taxes and assessments there- after. This conveyance is made in compllanc with a Decree of Dissolution, Cause No. 16C01-9109-DR-274, entered on June 1992 by the Judge of Decatur Circuit Court. hand and seal this IN WITNESS WHEREOF, the Grantor has hereunto set his ~ ~ day of a,~_~_ , 1992. Edwin S. Sedwick STATE OF INDIANA ) ) SS: COUNTY OF cLARK ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Edwin S. Sedwick and acknowledged the execution of the above and foregoing deed, this day of Q~ , 1992. WITNESS MY HAND and Notarial Seal. My Commission Expires: ~l~-~ 5 /Notary public clark County Resident The Grantee, Anne Marie Sedwick, acknowledges and accepts the conveyance of the above described real estate and requests that the tax statement be mailed to 5820 State Road 403, Charlestown, IN 47111. Anne Marie Sedw!ck STATE OF INDIANA ) ) SS: cOUNTY OF CLARK ) Before me, the undersigned, a Notary public, in and for said County and State, personally appeared Anne Marie Sedwick and acknowledged the execution of the foregoing tax statement ~ . _ .~_~ 1992. mailings',~ _his ~0ck day of ' .~ITNESS MY HAND and Notarial Seal. ',~.'. ~, --'My2~c.~mmission Expires: clark County Resident This Instrument Prepared by: Edwin S. Sedwick Attorney at Law 415 E. court Avenue jeffersonville, IN 47130 812/282-7200 supreme court No. 103-10 REALEST\QCD004.2