HomeMy WebLinkAbout21st Century AGREEMENT
This Agreement is entered into on the [0''~ day o~, 2003, by and between the Jeffersonville Municipal Sewage
Utility by and through the Jeffersonville Board of Public Works & Safety (the "City"), and 21st Century Developers, Inc,
an Indiana corporation ("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 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 $18,525.00 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:
Developer's Duties,:
A. Developer must pay the $18,525.00 connection fee in eight (8) quarterly installments of $2,315.62 each,
commencing the 1st day of January, 2004, and extending until the 1st day of January 2006. The City will
bill Developer quarterly for the connection fee installments. Within 30 days after receipt of the City's
quarterly bill for connection fee installments, Developer must remit payment to the City for the
installments billed.
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 City'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 $18,525.00 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 (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, parmership, 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, 1N 47130
Attn.: Anne Marie Galligan
2
Developer:
2 l*t Century Developers, Inc.
3027 Wolf Lake Road
New Albany, 1N 47150
Attn.: Greg Furnish
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
21st CENTer'DEVELOPERS, INC'~
CI Greg°~Y?~/Ur~tTY OF 3'EFFEil"(~ mrNffi~i~
\ Tflomas R. Galligan,'cMayo~ /
APPROVED BY T~ CITY O~JEFFERSONVILLE
;" ~T~RY ;E~ER BOARD
ATTEST:
Terry L. Powell, vice president
3
Clark County Plan Commission
3rd Floor
City-County Building
jeffersonville, IN 47130
Re:
( Subd l~i-s ion )
(Section Numbe~
2~-/$~ ~er~~
(Na~ - ~Develop ~
(~- Util% y~
Dear Clark County Plan Commission:
This letter is to confirm to you that the above named
developer and utility have entered into an agreement whereby the
subject utility service will be installed or extended to serve
the above named subdivision. Service will be installed or
extended in compliance with your Subdivision Control Ordinance.
The utility's obligation to install or extend the subject
service is not contingent upon any condition under the control
of the developer, except your approval of the final plat as
reviewed and initialed by the utility and construction in
accordance with such plat. If installation or extension of
service is conditioned upon a fee from developer, the status of
such fee is as follows:
Fee has already been paid in full
(if yes, initial here)
Fee will be due in the estimated amount of $
This agreement to install or extend utility service as
stated, is, however, contingent upon and subject to all rules
and regulations of the Indiana Utility Regulatory Commission
and/or the Federal CoP~aunications Commission as applicable.
.DEVELOPER"
-UTILITY"
By:
By:
Title: Title:
PAUL PRIMAVERA & ASSOCIATES, INC.
REGISTERED ENGINEERS AND LAND SURVEYORS
WHISPERING OAKS, PHASE II, SECTION ONE
The following is a legal description prepared this 7~ day of October, 2003, of real
property being a part of Survey//69 of the Illinois Grant, Utica Township, Clark
County, Indiana, more particularly described as follows:
Commencing at the Northernmost comer of Survey//69, thence with the Eastern
grant line South 40° 01' 49" East 300.00 feet, this being the point of beginning,
thence continuing with said Eastern grant line and Salem-Noble Road South 40° 01'
49" East 345.00 feet, thence leaving said road South 50° 08' 53" West 174.20 feet,
thence South 04° 34' 59" East 217.95 feet, thence along a curve concave Southerly
whose radius is 125.00 feet, and whose long chord bears South 67° 46' 57" West,
having a length of 75.74 feet, a distance of 76.94 feet, thence South 50° 08' 53"
West 79.18 feet, thence South 29° 25' 41" East 257.22 feet, thence South 60° 34'
19" West 182.24 feet, thence North 35* 17' 25" West 220.70 feet, thence South 50°
08' 53" West 1049.89 feet, thence North 40° 01'49" West 30.91 feet, thence South
50° 08' 53" West 470.00 feet, thence South 40° 01' 49" West 769.09 feet to a point
on the North line of said grant, thence with said North line North 50° 08' 53" East
1161.21 feet, thence leaving said grant line South 39° 51' 07" East 190.00 feet,
" t
thence North 50° 08' 53 Eas 210.08 feet, thence North 39° 51' 07" West 190.00
feet to a point on the grant line, thence with said grant line North 50° 08' 53" East
518.41 feet, thence leaving said grant line South 40° 01' 49" East 300.00 feet,
thence North 50° 08' 53" East 290.40 feet, to the point of beginning, containing
37.050 Acres, more or less.
T 5doeumentsg2003X96-6916.des. Phasell
301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112
Phone: (812) 738-4124 Fax: (812) 738-6740 e-mail: pprimavera@primavera.win.net
10107/~003
14:~7
81273BG740
pAUL PRIMAVr~'RA it ASSOCIATES, lNG.
WHISPERING OAKS, PHASE II
The following is a legal description prepared this 7o' day of October, 2003, of real
being a part of Survey #69 ofthe Iltinois G-rant, Utica Township, Clark
property more particularly described as follows:
County, Indiana,
Commencing at the N~ost comer of said Su~ey #69, thence with the grant
line and Salem-Noble Road South 40' 01' 49" Frost 300.00 feet, this being the Point
of begimfin~ thence continuing with said grant line and said road South 40° 01' 49"
East 1 '/68.34 feet, thence leaving said road and said grant line South 49' 34' 36"
West 414.35 f~et, thence South 30° IT 02" East 147.43 feet, thence North 52' 12'
39" East 85.25 feet, thence North 32' 36' 00" East 371.04 feet to a point on the
grant line and said Salem-Noble Road, thence with said road and said grant line
South 40' 01' 49" East 905.83 feet' thence leaving said grant line South 50° 08' 53"
West 2180.01 feet, thence North 40' 01' 49" West 3014.$8 feet to a point on the
Northern grant llne of said Survey #69, thence with said grant line North 50' 08' $3"
East 1889.61 feet, thence leaving said grant line South 40' 01' 49" East 300.00 feet,
thanc~ North 50' 08' 53" East 290.40 feet, to the point ofbegummg, containing
147.8'/Acres, more or less.
301 E. Chestnut Street, P.O. Box 123, co~don, IN 47112
Phone: (812) 73S-4124 Fax: (8t2) 738-6740 e-mail: pprimavemOprimavera.win.net
QUITCLAIM DEED I
THIS INDENTUR-E WITNESSETH, that DALE E. BOTTORFF, JOHN W.
BOTTORFF AND MERLE A. BOTTORFF, Husband and V~ife, of Clark County,
State of Indiana, for and in consideration of the sum of One D!llar ($1.00) and other
good and valuable eunsideration, the receipt of which is here~y acknowledged,
CONVEYS AND QUITCLAIMS
to DALE E. BOTTORFF AND MERLE A. BOTTORFF as t?ants in common with
each owning an undivided cue-half interest in the followin~ described real estate
located in Clark County, State of Indiana, to wit:
Part of No. 69 of the Illinois Grant bounded thus: Beg~aaing at a point in the
of Surveys Numbers 69 and 70 forty-three and Ni~ety-eight Hundredths
¢~lees from the North corner of said Number 69; thence ~with sa.id line. South 41
~legrees East Fifty-six and sixty-sixth hundredths poleslto aa ~ron pm; thence
stone; th !nee North 41 degrees
South 49-1/2 degrees West 72.77 poles to a
West 56.66 poles to a stone; thence North 49-1/2 degrees East 72.77 poles to
the beginning, containing 25.75 acres.
ALSO, Part of Survey No. 69 of the Illinois Grant, botinded thus: Beginning
at a stone, the North corner of No. 69; thence South h0 degrees East 43.99
poles to an iron pin in the solid rock; thence South 49-1y2 degrees West 72.77
~les to a stone; thence North 40 degrees West 43.99 p~les to a stone; thence
rth 49-1/2 degrees East 72.77 poles to the beginningi containing 20 acres.
t
~--"li~.ginning at a stone in the Northwest line oI sam mo;
~ ~m the North corner thence South 51 degrees West 5~poles and 9 links to a
~ne; thence South 39 degrees East 101 poles to a s~one; thence North 51
:=~xt~grees East 59 poles and 13 links to a stone; thence North 39 degrees West
~1~0 poles and 17 links to beginning, containing 37 acre~, 1 rood and 17 poles.
ate-wa is reserved along the Southeast line, for pa~iculars of which See
~De~d RecOrd Book 69 pages 532 and 533.
EXCEPTING therefrom the following described real estate:
Commencing at aa iron pin in the line dividing surveys Nos. 69 & 70 and in the'
Coun road, at the Eastern corner of Said 25.75 acres tract, said iron pin being
Son~tY40 degrees East 1660.6 feet from the North corner. ~f said .S.u_rv, ey~ ?o. 69;
the~e South 50 degrees West along the Southeastern hne of sma 2>.~> acres,
1200.2 feet, more or less, to a stone at the Southern coru~r of said tract; thence
North 40 degrees West along the Southwestern line thereof, 210 feet to a point,
the true place of beginning of the tract to be herein described; thence North 50
degrees East 230 feet to a point in a gravel drive; the,ncc North 40 degrees
West 250 feet to a point; thence South 50 degrees Wes~ 230 feet to a point in
the Southwestern line of said 25.75 acre tract; thence S, outh 40 degrees East
with said line, 250 feet to the place of beginning, contaiBing 1.32 acres, more
or less, but subject to all legal highways.
ALSO, aa easement and right of way for ingress and egress over an existing
gravel driveway extending Southeastwardly from said :1.32 acre tract to the
Southeastern line of said 25.75 acre parcel and along ~[he Southeastern line
wardl 900 feet, more or less to the County road, running
thereof, Northeas.t . y · t . rant
along the line diwdmg surveys Nos. 69 & 70 of the Ilh~,ors G ·
Containing in all 81.43 acres, more or less, and subject to any and all
easements and/or restrictions of public record that ma:,3' apply to the above
described real estate. Shirley
C~I~K COUNTY RECORDE~ 2P
1N WITNESS WHEREOF, the Grantors have hereunto set their hand and
seal this ~P day of /~tt~tt.~ ~' 2000.
DALE E. BOTTORFF
~1 'W. ~,BOTTORF~ ~ ~
OTTORFF
STATE OF INDIANA ) i
:SS [
COUNTY OF CLARK ) i
Subscribed and sworn to before me, a Notary Pu~bhc, this ~ day of
~,{~$ 7'~ 2000, by DALE E. BOTTORFF, SQHN W. BOTTORFF
MERLI~ A. BOTTORFF who has acknowledged and executed the above and
foregoing QUITCLAIM DEED. I
?e?':-i: -~':' S'a~el T. ~reen~, ~lotaxly Public a
~' 7 '. ' ': resid~t of CI~k~Co~W, India
'M~ C~sion Expires: ~
' ~u~; ~, 2oo~
THIS INSTRUMENT PREPARED BY:
SAMUEL T. GREEN, ISC #7281-10
ATTORNEY AT LAW
3307 HOLMAN LANE
JEFFERSONVILLE, IN 47130-8153
(812) 284-9596
DULY ENTERED FOR TAX^TION
SUBJECT TO FINAL ACCEPTANCE
FOR TRANSFER
KEY: JAN 1 9 2001
AUDITOR, CLARK COUNTY
CL~RK COUNTY RECORDER L
Dale E. Bottorff
6101 Salem Noble Road
Charlestown, IN 47111
WARRANTY DEED
THIS INDENTURE WITNESSETH, that LOIS FAY BOTTORFF, widow, of
Clark County, State of Indiana, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the.receipt of which is hereby
acknowledged,
CONVEYS AND WARRANTS
to DALE E. BOTTOKFF and ROBIN K. BOTTORFF Husband and Wife, an
undivided one-half(½) interest and to Ig[ERLE A. BOTTORFF an ~mdivided one-half
(½) interest as tenants in commbn to the real estate located in Clark Co]mty, State of
Indiana, being more fully described as follows, to-wit:
Being Part of Survey No. 69 of thc Illinois Grant, Clark County, Indiana,
bounded thus:
Beginning at a stake in the center of the public road in the line dividing
Surveys Nos. 69 and 70 of said grant, 100.64 rods from the north corner of said
Survey No. 69; thence south 41 degrees east with the center of said public road
and the dividing line of said surveys a distance of 82.08 rods to an iron pin;
thence south 49 degrees 30' west, 132.5 rods to a stake, said stake being N. 41
degrees 30' W. 69.92 rods from a stone in Pleasant Run, said stone being an
established corner of a tract of land formerly owned by Thomas F. Prather;
thence north 41 degrees 30' west 82.08 rods to a stake; thence north 49 degrees
30' east, 132.5 rods to the place of beginning, containing 68 acres, more or
less, but subject to all legal highways and public utility easements.
Grantor certifies that her husband, John Junior Bottorff, predeceased her
December 31, 1966.
Being the same real estate sold under a certain Contract For Sale Of Real
Estate dated April 8, 1975, to the Purchasers, Dale E. Bottorff and John W.
Bottorff. John W. Bottorff assigned his interest in said real estate to his wife,
Merle A. Bottorff, by the Assignment Of Interest In Contract For Sale Of Real
Estate dated ~ot~,t ~-,~ /q 2001 and recorded in the Recorder's Office
of Clark codnty, Indiana, 6n thc /~' . day of_ :~r~t,"t 2001,
Instrument No. Z~oo/o/~'~ 7- Dale E. Bottorff assigned his interest in said real
estate to Dale E. Bottorff and Robin K. Bottorff, husband and wife, by the
Assignment Of Interest In Contract For ~Sale Of Real Estate dated
_~4,,.,*-e~ /~/ 2001, InstrumantNo. ~
IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal this
/qw% day of ~+,c~,- 200l.
LOIS FAY BOTIlTORFF ~'
STATE OF INDIANA )
:SS
cOUNTY OF CLARK )
Before the undersigned, a Notary Public in and for said County and State, this
B/qo~Td(~Ry ~ 2001, personally appeared LOIS FAY
F~,fth widow of John Junior Bottorff, and acknowledged the
execution of~ e foregoing Warranty deed as her £ree and voinntary act'
~haron J. Green, Notary Public a
resident of Clark County, Indiana
THIS INSTRUMENT pREPARED BY:
CAREEN & GREEN LAW OFFICES
SAMUEL T. GREEN, ISC #7281-10
ATTORNEY AT LAW
3307 HOLMAN LANE
IEFFEKSONVILLE, IN 47130-8153
(812) 284-9596