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HomeMy WebLinkAboutRobert Lynn CompanyAGREEMENT 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 Robert Lynn Company, Inc., an Indiana corporat on ( Developers ). RECITALS Whereas, the City has constructed a new sanitary sewer interceptor (the "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, which Property has been platted as a residential subdivision known as "Falcon Crest" consisting of 96-1ors that are permitted for duplex units on each; 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 Sixteen Thousand and No/100 Dollars ($16,000.00) 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: Deve~r's Duties. A. Developer shall pay the City the sum of $2,000.00 upon execution of this Agreement, and must pay the balance of the $16,000.00 Connection Fee in sev~n (7) qUarterly installments of $2,000.00 each, commencing the 1st day of April 2004 and extending until the 1st day of October 2005. The City will bill Developer quarterly for the Connection Fee installments. Within thirty ($0) days after receipt of the City's quarterly bill for Connection Fee installments, Developer must remit payment to the City for the installments billed. 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 Falcon Crest Subdivision, in form and substance substantially similar to that set forth in Exhibit The City's Duties. The City must bear all construction costs of the Pleasant Run Sewer Interceptor except to the extent Developer is required to (i) pay the $16,000.00 Connection Fee under the terms of this Agreement, and (ii) construct the collection lines within the Property to the Pleasant Run Sewer Interceptor. The City shall acquire any easements necessary to connect the Property to the Pleasant Run Sewer Interceptor. However, as an additional fee, Developer shall reimburse the City an amount equal to all expenses incurred in acquiring such easements. The City shall allow Developer to tie its installation lines from the Property into said Pleasant Run Sewer Interceptor at no additional expense. 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. 2 Miscellaneous. 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. This Agreement is conditioned upon (i) the City of Charlestown, Indiana ("Charlestown"), consenting to the provision of sanitary sewer service to the Property by the City of Jeffersonville, Indiana, (ii) the execution of an interlocal agreement between Charlestown and the City for such purposes, (iii) the voluntary dissanexation of the Property by Charlestown, or (iv) the rendering of a final, non- appealable determination by a court of competent jurisdiction that the Property has not been annexed by Charlestown. Payment by Developer of the amounts due under Section 2(A) above shall be delayed until one of the conditions stated in the immediately preceding sentence of this section is effectuated, at which time all installment payments that have been deferred shall be immediately due and payable. In the event that none of the conditions set forth in this section are effectuated within two (2) years after the date of this Agreement, this Agreement, and Developer's obligations hereunder, shall be voidable at Developer's option. The provisions of the Recitals of this Agreement are substantive and shall be included in any interpretation of the Agreement. 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 (5) the execution of this Agreement does not conflict with or violate the terms of any Agreement to which any party hereto is subject. 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 attorney's 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. Nothing herein contained shall be deemed or construed as creating the relationship of principal and agent, partnership, or joint venture between the parties hereto. 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. 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: Robert Lynn Company, Inc. Attn: Robert F. Lynn, President 713 Mt. Tabor Road New Albany, IN 47150 I. 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. J. 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. For "DEVELOPER": ROBERT LYNN COMPANY, INC. --R"~bert F. Lynn, Presi tin 4 For "CITY": CITY OF JEFFERSONVILLE, INDIANA · Galli~ar~ayor ALSO APPROVED BY THE SANITARY SEWER BOARD OF THE CITY OF JEFFERSONVlLLE, INDIANA 11/19/2003 16:26 8127386746 PRINAVERA & ASSO. PAGE 02 LAND' DESCRIPTION Part of Survey 71 of t.h,.e Illinois Grant, Ubca Township, County, nd ana, more part cdl°!:y described as roi ows: . Commencing at the So[i[heastern corner of Bethany Farms Section One as recorded in the Offide of the Recorder of Clark County, Indiana, this being the point of beginning, thence along the Southern line of Lot 15 North 54 04' '.38" West 318.07 feet to a.point on 'the Eastern right of way of Falcon F~ood, thence with said right of Way and a curve concave Northwesterly whose rodi~us is 34§,7C feet and whose long chord bears South 39 32' 59" West, having a length of 43.74 feet, a distance of 45,77 feet, thence leaving said right of way and along an extension of the Southern line of Lot 16 North 46 ¢4' 24" West 545.70 feet, thence leaving the Southern line of B~,thony Farms, Section On~,'South 55 48' 15" West 868,63 feet, thence S~uth .36 21 11 East 148.45 feet. thence South 5.3 47' 20" West 293. feet thence South 56 i: .28' 56' East 1320.85 feet to a point in the right of way of the CSX' Railroad; thence with said right of way 09' 08" East 1596.29 feet, ~6'"~he point of beginning, containing >30.241 Acres. more or less. EXHIBIT' VERIFIED WAIVER OF RIGHT TO REMONSTRATE AGAINST ANNEXATION This document witnesses that Robert Lynn Company, Inc., (hereinafter referred to as "Owner"), is the owner of 30.241 acres of real estate as described in documents recorded in the office of the Recorder, Clark County, Indiana in Deed Record , Instrument # (the "Property") being the same property conveyed to owner from (see "Exhibit A", attached hereto), which Property is located outside the Corporate 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 /~ day of November, 2003. Owner Ow"~~ ~ ~"~/ ~)~ STATE OF INDIANA ) ) SS: COUNTY OF CLARK) On this Known to me to be the Owner(s) described herein, and ~ho~xecuted the and foregoing instrument, and acknowledged that they have the authority to execute this Verified Waiver of Remonstrance and that they voluntarily executed thgt~ame. Notiaiiy' l~ublic CJ My CommisAipn l~xpires: Printed Signature Resident of Prepared By: Anne Marie Galligan, Cie/At[omey 4~ Floor, City-County Building Jeffersonville, IN 47130 (812) 285-6491 County (ATTACH OWNER'S DEED AS EXHIBIT A) THis INDENTU~ ~TNESSETH ~a~ ~ ~E SEDWICK G~LIiG~ as T~stee ~der ~e Last W~ ~d Tes~em of Robe~ H. Kempi, J~. ("G~TOR"), for Ten Dollars (~10.00) and othc~ ~od and valuable consideration, CO~YS ~D W~TS m ROBERT L~ COMPS, INC., m In.aha co~omfion ("G~TEE'), whose m~g address for receipt of prope~ tax smtemenB is 713 Mount Tabor Road, S~m 4, New Albany, In.aha 47150, all of her fighh fide ~d inmrest in ~e follomng described rem es~te ~ Cl=k Co~, ~ana: See ExMbit ~ aRached h~em and ~co~orated her~ by reference. TMs conveyance is subject to ~ covenants, resfficfions and easemcmts of record. Gmmc assumes and a~ees m pay ~ rem prope~ ~es assessed on ~e red 4P ShirLey CI.flRK COUNTY RECORDER cl~k County Recorder I ~5~9 Page ~ of 4 estate from thc time of this conveyance forward. IN WITNESS WHEREOF, the Grantor has executed this Warranty Deed this /~'"~. day of October, 2002. GRANTOR: Anne Marie Sedwick Galligan, Trustee mfd the l,ast Will and Testament of Robert H. Kempf, Jr. STATE OF INDIANA ) )SS: COUNqW OF CLARK ) Before me, a Notary Public in and for said County and State, this~'~ day of October, 2002 personally appeared Anne Marie Sedwick Galligan, in her capadty as Trustee under the Last Will and Testament of Robert H. Kempf, Jr., Grantor herein, and acknowledged the execution of the foregoing Warranty Deed. WITNESS my hand and Notarial Seal this ,/5~ day of October, 2002. ¢Vublic Printed Name: tJt/~/J Resident of Chtk County, lndiana My/Commission Expires: 'llfis Instalment prepaxed by: _Anne Marie Galligan 1613 Tall Oaks Drive Jeffemonville, Indiana 47130 (812) 218-8330 EXHIBIT A Being part of Survey No. 71 Of the Illinois Grant in Clark County, Indiana, bounded as follows: Beginning at a stone at the North oorner of said Survey 53; running thence with the line dividing Surveys 71 and 53 South 53 degrees 39' West 1320.5 feet to its intersec- tion with the Westerly right-of-waY line of State Highway 62; thence with said right-of-way line South 5 degrees 54' West 384.6 feet to an iron pipe; thence North 67 degrees 09' West 308.15 feet to an iron pipe in the line conunon to Surveys 71 and 53; thence North 66 degrees 06.6' West 819.30 feet to a point in the Westerly right-of-WaY line of the B & O Railroad (80- foot right-of-way), the true p'lace of beginning of land to be herein described. Thence with same Southwardly to a point in the line of said Survey 71 and 53; thence South 49-1/2 degrees West with said line to a corner of the 38 acre tract which was formerly J.P. Kiger's corner; thence with lines of said 38 acre tract North 40 degrees 20~ West 87 1/4 poles to a stake and North 49'1/2 degrees East 70 poles and 2 links to a stake; thence North 40-1/2 degrees West 74 poles 5.42 links to a stone corner to whet was formerly Hikes land; thence with another line of same North 49-1/4 degrees East 147 poles 17-1/6 links to a · ' the original dividing line of Surveys 71 a~d ~on~_=n ~,~ 4~-1/2 degrees East along said div~d- 7z; thence .......... line of the B & O lng line to the Westerly right-of-way Railroad; thence with same Southwardly to the place of beginning. Excepting therefrom, the following described read estate: Commencing at the most Northerly corner of Survey No. 71 of the Illinois Grant and running thence along the Northeasterly Iine of said Survey No. 71, South 36 degrees 16'20" East 2435.76' to a railroad spike in the centerline of Bethany Road, the true point of beginning. Thence continuing along said centerllne and said. Survey line, South 36 degrees 16' 20" East, 490.85 feet to a railroad spike in the Westerly right- of-way line of the B & O Railroad, said right-of-way being 80 feet in width= thence S. 22 degrees 01' 30" West along said Westerly right-of-way line, 2619.30 feet to an iron pipe; thence North 54 degrees 13' 44" West, 319.04 feet to an iron pipe; thence on a curve to the right, said curve having a central angle of 7 degrees 15' 14", a radius Of 345.70' to a chord which bears South 39 degrees 23' 53" West, 43.74 feet to an iron pipe; thence North 46 degrees 58' 30" West, 345.70 feet to an iron pipe; thence North 36 degrees 20' 22" West, 445.14 feet to a 1/2 inch iron pipe; thence North 36 degrees 37' 42" WeSt, 786.93 feet to an iron pipe; thence North 53 degrees 39' 39" East, 2438.82 feet to the place of beginning. Also excepting therefrom the following described real corner of estate= Beginn= g at a stone on the common Surveys 70 and 71 in the northern line of Survey ~55 of said illinolS Grant; Thence N. 40 degrees' W., along the line dividing seid Surveys 70 and 71, 1458.50 feet to a point in the centerline of Stacy Road; Thence N. 49 degrees 32' E., 1160.15 feet, more or less, to a stone on the westernmost corner of a tractor land described in Deed Drawer 8, Instrument 11187, THE TRUE PLACE OF BEGINNING. Thence continuing N. 49 degrees 32' E., along the northwest line of said tract, 293.24 feet to an iron pin on the east corner of a tract of land described in Deed Drawer 10 Instrument 12171 of said county records; Thence S. 40 degrees 34' 24" E., 148.55 feet to an iron pin; Thence S. 49 degrees 32' W., 293.24 feet to an iron pin in the westernmost line of said tract in Deed Drawer 8 instr=ment 11187; Thence ~. 40 degrees 34' 24" W., along said westernmost line, 148.55 feet to THE TRUE' PLACE OF BEGINNING. Containing 1.00 acre, more or less. All of which is subject to 10 foot wide water line easement along and adjoining the northern line o~ the described tract, which easement is more fully described in Deed Drawer 20, instr%u~ent 3935 of the records of the Clark County, Indiana, Recorder, and all other easements, restrictions, and encLunbranCes of re~ord.