Loading...
HomeMy WebLinkAboutRaintree AGREEMENT This Agreement is entered into on the oZT' ~day of October, 2003, by and between the Jeffersonville Municipal Sewage Utility by and through the Jeffersonvill~Boa}d of Public Works & Safety (the "City"), and Raintree Development, LLC, an Indiana limited liability company ("Developer"). RECITALS: Whereas, the City has constructed a new sanitary sewer interceptor (known as the Pleasant Run sewer interceptor) extending from Utica-Sellersburg Road, in Clark County, Indiana, to Salem-Noble Road, in Clark County, Indiana; and Whereas, Developer has requested a permit from the City to extend the sanitary sewer collection lines installed by Developer on the real property known and to be known and Raintree Ridge Subdivision, comprising 8 l ~786 acres in Clark County, Indiana (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 ~vill 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 IC 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 $500 per acre (or $40,893) 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: 1. Developer's Duties_. A. Developer must pay the $40,893.00 connection fee on a per lot basis. For purposes of this Agreement, the parties agree that the total acreage comprising the property is 81.786 acres and the number of lots to be platted on the Property is 247. Accordingly, the per lot Connection Fee shall be $165.55 per lot (the "Per Lot Connection Fee"). Each Per Lot Connection Fee shall be paid contemporaneously with, and as a condition to, the issuance of a sewer permit for each respective lot in the subdivision comprising the Property. The Per Lot Connection Fee shall be in addition to any applicable sewer permit or sewer application fees promulgated by ordinance. B. 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. C. 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. D. Developer shall execute a Verified Waiver of Right to Remonstrate Against Annexation in connection with Whispering Oaks Subdivision, in form and substance substantially similar to that set forth in Exhibit The CiW's Duties,.., 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 Connection Fee under the terms of this Agreement, and (ii) construct the collection lines within the Property to the to the Pleasant Run sewer interceptor. B. The City shall allow Developer to tie its collection lines from the Property into said Pleasant Run sewer interceptor at no additional expense. C. The City will own the Pleasant Run sewer 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 (I) 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 beV, veen 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 4'" Floor, City-County Building Jeffersonville, IN 47130 Attn.: Anne Marie Galligan 2 Developer: Raintree Development, LLC 609 Erin Drive Jefgersonville, IN 47130 Attn.: Gregory S. Lander 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 notice of the party's new address to the other parties. 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 RAINTREE DEVELOMENT, LLC, an Indiana corporation. By:'Lander and Miller Enterprio0s, In~., member ~ David~L. Miller,$ecret~t,~Treasurer William Patrick Isenberg (// APPROVED BY THE CITY OF JEFFERSONVILLE oA~± £,~ EWER .~BOARD ~ Membe'~/Ax ~~ EXHIBIT "A" LEGAL DESCRIPTION Being a part of Surveys #37 and #51 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a magnetic aluminum monument on the south corner of said Survey #51; thence N. 55 deg. 07' 02" E., along the southeast line of said Survey, 1204.12 feet to a stone, THE TRUE PLACE OF BEGINNING; thence continuing N. 55 deg. 07' 02" E., along said southeast line, 127.6' to a steel pin on the east corner of Tract 2 descn'bed in Deed Drawer 22, Instrument 6899; thence N. 35 deg. 22' 23" W., along the northeast line of said tract, 1862.69 feet to a steel pin; thence N. 54 deg. 37' 37" E., 66.86 feet to a steel pin; thence N. 49 deg. 07' 05" E., 48.75 feet; thence N. 16 deg. 14' 05" W., 85.37 feet; thence N. 69 deg. 29' 16" W., 64.42 feet; thence N. 20 deg. 30' 44" E., 274.13 feet; thence N. 55 deg. 17' 59" W., 256.04 feet to a "MAG" nail in the centerline of Charlestown Pike; thence N. 20 deg. 30' 44" E., along said centerline, 750.16 feet to a steel pin on the west Corner of a tract of land described in Deed Drawer 24, Instrument 18191; thence S. 36 deg. 54' 01" E., along the southwest line of said tract, 1287.01 feet to a steel pin on the south corner of tract; thence N. 47 deg. 48' E., 633.25 feet to an kon pipe on the west corner of a tract of land described in Deed Drawer 31, Instrument 22324; thence S. 36 deg. 02' 57" E., along the southwest line of said tract, 1324.95 feet to an iron bolt on the northwest right-of-way line of the Southern Indiana Railway Inc. described in Deed Record Book 135, Page 459(2)(b); thence S. 22 deg. 53' 58" W., along said right-of-way, 1975.27 feet to a steel pin on the east corner of Tract 1 described in Deed Drawer 22, Instrument 6899; thence N. 34 deg. 56' 13" W., along the northeast line of said tract, 759.46 feet to THE TRUE PLACE OF BEGINNING, containing 81.786 acres and being subject to all easements of records. 4 ' ' TO BE ' vE FlED WAIVER OF RIG T . · · . ~velo ment~ LL~C ,(hereinafter This document witnesses that ! Ra lmt.r e~e _D~.e,~ ,~; ~-~;I es[~.'(e as described in document~ .~2,.,.,a to as "Owner'9, Is the owner cT · .----),~;== ";_ ""ed Record ' , Ins% '#2Qg?I ~d4h_ '.. ~,~ in the office of the Recorder, Clark County, rt conve ed to owner from ;~ &,.S~aron MandoTfar (see "Pr p rty') beln the same props..Y. _ Y ...... -~ --,,tslde the ~omorate boundanes of the City~ of jeffersonvllle, Indiana (the CRy"). Pursuan - ' consent to allow in consideration for, and asa condition of, the Jeffersonville Municipal Sewer Ufllity's Owner to connect the Prope~y to the jeffersonville Municipal sewer system, Owner, Owner's assigns and all subcessors 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 riot exempt Owner or Owner's successors from paying tap-in fees for each building, structure or residence fo~ 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 mun clpal boundaries, penalties for perjury, that the foregoing repr~eaentations are true on this I/We affirm, under the ,200__3. pJL~'~NTREE DEVELO~LLC dayOf~October ' -- BY~~er &'~[le~/ Enterpri"ses, Inc., member STATE OF iNDIANA ) ~ego~ S.~Lander, Presx · COUNTY OF CtARK) ~ bar ,200_3_, before me psrs.c~slly appeared Gregory On this ~ ~Y .of ~Oc~L~nnder & ~-t~ller Enterprises, In.(~K~.Wn 3O- 2:~°~e~ ~t they .. S. L~nder as P~w~o~x'~cuted the foregoing iRstrument .an? ..acKnow.,_e~,~_~,_ ~.x=cuted ~'~ner(s% described herein, ano w!,u ?., ~, ,,,_,._~ ,., ~=rnnnStl~llqG~ and that mey VOlUIlJa!.,y ?_~ "' '' ' '" 491 j.ffer.~onvme. IN 471~0 (812) ~85-6 ~ ' · (ATTACH OWNER'S DEED AS EXHIBIT A) Key No.s: I 1-25-0340 & 11-30-0440, 11-25-0030,' 11-30-0420 & 11-30-0050 CLARK COUHTY RECORDER Clark County Reeordir ! 2~0214~46' Page 1 =f 3 J~ Date BB/M/2gg2 Time 'gg:22:17 JUN 0 2002 AUDITOR CLARK COUNTY WARRANTY DEED COPY Send Tax Statements To: 609 Erin Drive Jeffersonville, Indiana 47130 THIS INDENTURE WITNESSETH, William Mansdorfer and Sharon L. Mansdorfer (collectively, "Grantors"), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, CONVEY AND WARRANT unto Raintree Development, .LLC, an Indiana limited liability company ("Grantee"), the following described real estate in Clark County, Indiana, to-wit (the "Property"): See Exhibit "A" attached hereto and made a part hereof, as shown in a survey dated May 24, 2002, prepared by David Blankenbeker, Reg. No. 900011. The attached legal description is intended to all of the real property owned by Grantors and descn~oed in (i) Deed dated September 2, 1981, and recorded in Deed Drawer 14, as Instrument No. 3937, (it) Deed dated October 11, 1982, and recorded in Deed Drawer 14, as Immmaent No. 8995; and (ih) Deed dated May 17, 1994, and recorded in Deed Drawer 27, as Insmmaent No. 4997 save and exeeut, two (2) acres situated at the Northwestern comer of the Grantors'property, which two (2) acres are retained by Grantors. This conveyance is made subject to all applicable easements, rights-of-way, restrictions and agreements of record. This conveyance is made in compliance With the terms of an unrecorded pUrchase Agreement, which terms are incorporated herein, dated ~ tr~ , '200.~ by and between Grantors and Grantee herein, wherein the real estate taxes having been apportioned between the parties hereto as of the date of this Deed, Grantee herein assumes and agrees to pay all taxes now or hereafter due; and, this conveyance is made subject to all liens, encumbrances, taxes, and assessments assumed by Grantee therein, under the terms of said Purchase Agreement. IN WITNESS WHEREOF, the said Grantors STATB OF INDIANA My Commission expires: August 4, 2009 ' " ~'2~da of Mm, 2002 have hereunto set their hand this ~ .Y William ManSdorfi COUNTY OF CLARK BBFOKE ME, the undersigned, a Notary Public, in and for the above-named County and State, this ~ day of May, 2002, personally appeared William Mansdorfer and Sharon L. Mansdorfer, and acknowledged the · · ' ' ' on behalf of smd tins. execution of the foregoing deed individually and WITNESS my hand ~nd notarial seal. Resid~t ofC~/l~ou ty This instrument prepared by: Alan M. Applegate APPLEGATE & MULL P. O. Box 1418 Jeffersonvflle, Indiana 47131-1418 (812) 284-9499