HomeMy WebLinkAbout#1396- Deed; CONTRACT FOR CONSTRUCTION OF SEWER Contract for Construction of SewerCONTRACT FOR CONSTRUCTION OF SEWER -
(EDWARD ROSE OF INDTANA)
CONTRACT FOR CONSTRUCTION
OF SEWER
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THIS AGREEMENT, made and entered into
this
day'rb1
1985, by and between the BOARD OF PUBLIC WORKS OF THE
CITY �SOHENU, INDIANA, hereinafter referred to as "BOARD," and
EDWARO ROSE OF INUTANA, an Indiana limited partnership, merei nafter
referred to as "OWNER."
WITNESSETH.
WHEREAS, OWNER did acquire an easement for the purpose of r
constructing, replacing, repairing and maintaining a sanitary sewer
over and across the premises lying within the 1,11-1 1/4 of Section 29,
T3�,1, R3E, Penn Township, St. Joseph County, Indiana, and more =v7
particularly described as:
Commencing at the NW corner of said Section 29; thence H39026'08"E
along the North line of said Section 29 a distance of 150.00 feet;
thence S00001'2I."W a distance of 20.00 feet to the South right -of- �+►.
;yay line of Inwood Road, the Paint of Begi nni nc1; thence N89026' 03"E
along the South right-of-way line of Inwood Road and parallel to the
�lor-th line of said Sec Li on 2-3 a distance of 840.00 feet• thenCq
SOO1101'13"W a distance of 20.00 feet; thence S89026'08"W parallel to
the North line of said Section 29 a distance of 840.00 feet; thence
1400001' 21"E a distance of 20.00 feet to the Point of Begi nni ng.
Containing 0.386 acres, more or less; and
WHEREAS, OWNER'S cost of acquiring said easement was One Thousand
Two Hundred T.•renty-Six and 88/100 Dollars ($1,226.88); and
WHEREAS, OWNER has contemporaneously with the execution of this
Contract assigned said Easement to the BOARD; and
WHEREAS, OWNER did furnish or caused to be furnished all labor and
materials used in the construction of an extension of city sewers with
in the above described easement area and approximately 40 feet to the
east thereof:
973 LF of 12" Sanitary Sewer Main 0 $12.60/LF = $12,259.80
3 ea 4' Di ManhoIe 0 $800.00 ea = $ 2,400.00
2 ea Drop Connection 0 $696.00 ea = $ 1,392.00
TOTAL $16,051.80
1;HEREAS, plans and specifications for the above described sewer
have been submitted to and received approval of the HOARD; and
WHEREAS, said sewer has been constructed in accordance with all
applicable ordinances of the City of South Bend, Indiana; and
Page 1 of 3
WHEREAS. at the BOARD' S request, (}WNEk constructed the above
describQd sewer with 12" P.Y.C. pipe when 8" P.v.C. pipe would have
been ade(JUate; and
KH EREAS, the cost to have constructed said sewer with 8" pipe
would have bean as follows:
97LF of 8" Sanitary Sewer Main 0 $9.40/LF = T 9,146.20
3 ea 4' Dia !Manhole @ $800.00 ea - °! 2,400.00
2 ea Drop Connection 0 $696.00 ea = S 1,392.00
TOTAL a12,933.20
NHEREAS, OWNER and BOARD desire that OWNER be r0mbursed for:
] the amount of consideration paid by ONNER in the
acquisition Of said easement; and
2. The difference in the actual cost of the above described
sewer and the cost which would have beeH incurred if said
sewer had been constructed with 8" pipe;
NOW THEREFORE, OWNER and BOARD agree as follows:
I. BOARD hereby accepts the above described sewer and said
sewer hereby becomes the property of the City of South Bond, Indiana,
and all 'further maintenance and operation and the cost thereof shall be
the responsi bi l i ir.y of the City of South Bond.
2. For a period not to exceed fifteen (15) years from the
date of Lhis Contract any owners of real estate, including not only
direct users, but also users of any lateral sewer or force main
connection thOreto, who did not contribute to the original cost of tho
above described sewer, shall not tap into or use the same or deposit
sewage or storm water therein until such owners have paid into the
Treasury of the City of South Bend, Indiana, a suit equal to the prorata
share of the cost of the construction or: the said sewer su"ject to suc!t
reasonable rules and regulations as the BOARD may Provide.
3, All sums so recovered under the foregoing paragraph by
the City Of South Bend, Indiana and under the terms of this Contract
sha11 be paid to OWNER, their successors or assigns w tMin sixty (60)
days front the date of the receipt of same.
4. OWNER hereby acknowledges receipt of Four Thousand Three
Hundred Forty and 48/100 dollars ($4,340.48) as reimbursement in full
Pa nn 9 ..V
for the cost of acquisition of said easement and the difference between
the cost of constructing said sewer and the cost of an adequate sewer.
5. The execution of this agreement was authorized at a
regularly held meeting of the BOARD on the _196Lday of
1985.
Constituting the BOARD OF
PUBLIC IdORKS of the
City of South Bend, Indiana
- M,CrtAeL- P�xc
EDIIARD ROSE OF INDIANA,
an Indiana limited partnership
By _— —
Edward Rnv tz
I is
Vice -Pries T(ent
STATE OF I NO I AMA ) SS
ST. JOSEPH COUNTY)
Before nee, a Notary Public in and for the aforesaid County and
Members of the Board of Public Works:
State, personally appeared JOHN E. LESZCZYNSKI.,__RICHARD L_w:HILL AND _
RMICHAEL L. VANCE
and acknowledged the execution of the above and foregoing contract to
act and deed,
zr
i-l�y C o`-mtx J s s f o re:� E x p i r e s:
1988
STATE OF MICHIGAN) SS
KALAt,IAZOO COUNTY )
th i s __1 tchay of ____ Februa.,Ex ' r, 1985
Notary Public, Sandra M.�Parmerlee
Resident of St. Joseph County
Before me, a Notary Public in and for the aforesaid County and
State, personally appeared M Edward Ravitz and acknowledged
the execution of -the absolve and foregoing contract to be their voluntary
act and deed, this day of February 1985.
Not y Mic, Raymond Brinks Y
Fly Commission Expires:
6/5/85
S
AFR
r
RESOLUTION NO. 9-1987
WHEREAS, Edward Rose of Indiana did construct a sanitary
sewer along Inwood Road in a contract dated February 19, 1985
with the City of south Bend.
WHEREAS, the cost of said sewer was paid for jointly by
the City of South Bend and Edward Rose of Indiana.
WHEREAS, the contract mentioned above provided for the
payment to Edward Rose of Indiana a sum equal to the pro rata
share of the costs of the construction of the sewer subject to
such reasonable,rules and regulations as the Board may
provide.
NOW, THEREFORE, BE IT RESOLVED, that the fee for con-
nection into said sewer will be a sum equal to their pro rata
share according to the following schedule.
tl) S0.07/sq. ft. shall be paid to Edward Rose of
Indiana for each square toot as determined by
multiplying the frontage on Inwood Road of the
property benefiting from said sewer by the
depth of the property, up to a maximum of
150 feet in depth; plus
(2) $0.03/sq. ft. shall be paid to Edward Rose of
Indiana for all remaining property benefiting
by said sewer within 500 feet of the sewer.
(3) $1,500.00 shall be paid to Edward Rose of Indiana
for each forced main connected into sewer,
from beyond 500 feet (lim/iJt 3) .
Dated this day of _ L i }� C.� 1987.
BOARD OF PUBLIC WORKS
_ L
ohn E. Leszcz
L �//�
c Cc�
Patricia E. DeClercq C
Michael L. Vance
ATTEST:
Sandra M. Parmeriee, Clerk