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Home My WebLink About#2884- Deed; SEWER CONTRACT South half of N.E. quarter of Sec. 18,Twsp 38N,Range 3 EastAELV-D zF4y .SEk)Ex dawAcr Ton"Woo ROAZ SEw� E1c SIDAI I � n 3ouW �a+acF tic 7;VC �9000AAW &C44r- *07 rwAv', s I * „ Mgr L mil, \ �� SEWER CONTRACT NO. RECORDED On ` 07/22/2003 01:39:44PM THIS AGREEMENT, made and entered into this 1� day of by and between Kendall -Weiss, L.L.P., and their successors and assig4((reir> e �NTY KENDALL-WEISS), and the City of South Bend Board of Public Works, hereinafte SME]k CITY, WITNESSETH: REC FEE: $19.00 PAGES: 6 That KENDALL-WEISS and the CITY, for the consideration hereinafter named, agree as follows: 1. KENDALL-WEISS shall proceed dependent upon procurement of materials and labor to construct a local sanitary sewer system (hereinafter called IRONWOOD SEWER EXTENSION) to serve the West side of North Ironwood Drive, east of Hollyhock and abutting Ironwood Drive, South of State Line Road and North ofAuten Road (see Service Area Map, herein attached as exhibit A), more particularly described as: THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 3 EAST; EXCEPTING THEREFROM THE SOUTH 330 FEET OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER AND THE SOUTH 660 FEET OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 14ARRISON MONUMENT, BURIED 0.1 FEET MARKING THE NORTHEAST CORNER OF SAID SECTION, ALSO, BEING STATE PLANE COORDINATE STATION MONUMENT NUMBER 686, RECORD OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE SOUTH 0 DEGREES 19 MINUTES 32 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1323.37 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF 993.37 FEET TO A POINT BEING NORTH 0 DEGREES 19 MINUTES 32 SECONDS WEST, A DISTANCE OF 330 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER, SAID SOUTHEAST CORNER BEING MARKED BY AN IRON ROD, BURIED 1.2 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 09 SECONDS WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1320.06 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 0 DEGREES 21 MINUTES 58 SECONDS WEST ALONG SAID WEST IANE. A DISTANCE OF 330.00 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 09 SECONDS WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1320.29 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER, WHICH POINT BEING NORTH 0 DEGREES 24 MINUTES 23 SECONDS WEST, A DISTANCE OF 660 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER, SAID SOUTHWEST CORNER BEING MARKED BY A BENT 518 INCH IRON ROD, BURIED 0.8 FEET; THENCE NORTH 0 DEGREES 24 MINUTES 23 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 663.74 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF; THENCE NORTH 89 DEGREES 22 MINUTES 39 SECONDS EAST ALONG THE NORTH LINE OF SOUTH HALF, A DISTANCE OF 2641.52 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 50.232 ACRES, MORE OR LESS; AND SUBJECT TO ANY COVENANTS, EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. THE BEARING DATUM OF SAID DESCRIBED PARCEL OF LAND IS WITH REFERENCE TO THE STATE PLANE COORDINATE STATION MONUMENT NUMBERS 686 AND 693, NORTH AMERICAN DATUM OF 1983, AS MAINTAINED IN THE OFFICE OF SAID COUNTY SURVEYOR. (hereinafter called SERVICE AREA). SERVICE AREA is located within four (4) miles of city limits of the City of South Bend, County of St. Joseph, State of Indiana. 2. The local sanitary sewer system shall be constructed in accordance with the standards, plans, and specifications as approved by the CITY, which are on file and available at the City of South Bend Board of Public Works office at 1308 County -City Building South Bend, Indiana 46 60 1, and by reference are incorporated herein and made a part hereof. 3. The CITY shall accept sewage therefrom, when completed, in accordance with the rules and regulations of the CITY, and the laws, ordinances and regulations applicable thereto, now in force, or that may hereafter be adopted; and fixture maintenance, operation and costs thereof shall be the responsibility of the City of South Bend; however, it is understood and agreed that the CITY shall not accept sewage from any part or parts of the sanitary sewer system converted hereunder unless and until the entire sewer system shall have been tested and accepted by the CITY. 4. There exists a right-of-way easement within which to construct, replace, repair - and maintain a sanitary sewer extending from the existing sewer owned and operated by the CITY up Ironwood Drive to SERVICE AREA, that easement running over and across premises lying within St. Joseph County, Indiana, and being more particularly described as follows: A PART OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 18, NORTHEAST QUARTER OF SECTION 19, AND NORTHWEST QUARTER OF SECTION 20, ALL IN TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A HARRISON MONUMENT, BURIED 0.1 FEET MARKING THE NORTHEAST CORNER OF SAID SECTION 18, ALSO BEING STATE PLANE COORDINATE STATION NUMBER 686, RECORD OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, SOUTH 0 DEGREES 18 MINUTES 32 SECONDS EAST, A DISTANCE OF 2316.74 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND RECORDED UNDER INSTRUMENT NUMBER 7710643 IN THE OFFICE OF RECORDER OF SAID COUNTY, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 18 MINUTES 32 SECONDS EAST, A DISTANCE OF 330.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 18, SAID SOUTHEAST CORNER BEING MARKED BY AN IRON ROD, BURIED 1.2 FEET; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, SOUTH 00 DEGREES 18 MINUTES 04 SECONDS EAST, A DISTANCE OF 2646.39 FEET TO THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 19, SOUTH 00 DEGREES 20 MINUTES 48 SECONDS EAST, A DISTANCE OF 560.42 FEET; THENCE SOUTH 34 DEGREES 34 MINUTES 11 SECONDS EAST, A DISTANCE OF 71.12 FEET TO THE EAST RIGHT OF WAY LINE OF IRONWOOD ROAD, AND THE SOUTHWEST CORNER OF LOT 34 IN SABLE RIDGE, SECTION 2; THENCE SOUTH 00 DEGREES 20 MINUTES 48 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 54.72 FEET; THENCE NORTH 34 DEGREES 34 MINUTES 1 I SECONDS WEST, A DISTANCE OF 142.24 FEET TO THE WEST RIGHT OF WAY LINE OF IRONWOOD ROAD AND THE NORTHEAST CORNER OF GEORGETOWN UNIT FOUR; THENCE NORTH 00 DEGREES 20 MINUTES 48 SECONDS WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 556.44 FEET TO THE NORTHEAST CORNER OF LOT 28 IN CLOVERLEAF FARMS, SECTION ONE, AND THE NORTH LINE OF SAID SECTION 19; THENCE NORTH 00 DEGREES 18 MINUTES 04 SECONDS WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF LOT 44 IN GEORGETOWN NORTH, SECTION THREE, PART ONE; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE, NORTH 00 DEGREES 18 MINUTES 04 SECONDS WEST, A DISTANCE OF 901.15 FEET TO THE NORTHEAST CORNER OF LOT 123 IN GEORGETOWN NORTH, SECTION ONE; THENCE NORTH 89 DEGREES 56 MINUTES 18 SECONDS EAST, ALONG NORTH LINE OF SAID LOT 123, A DISTANCE OF 20.00 FEET TO THE WEST RIGHT OF WAY DINE OF IRONWOOD ROAD, AND THE SOUTHEAST CORNER OF A TRACT OF LAND OWNED BY DONALD E. AND ARDINA JASINSKI; THENCE NORTH 00 DEGREES 18 MINUTES 04 SECONDS WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1545.14 FEET TO THE NORTH LINE OF SAID SECTION 19; THENCE NORTH 00 DEGREES 18 MINUTES 32 SECONDS WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 330.00 FEET TO THE NORTH LINE OF LAND DESCRIBED IN SAID INSTRUMENT NUMBER 7710643; THENCE NORTH 89 DEGREES 23 MINUTES 09 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION IS NOT INTENDED TO FACILITATE THE TRANSFER OF ANY RIGHTS WITHIN THE BOUNDS OF PROPERTY DESCRIBED ABOVE. THE ABOVE DESCRIPTION WAS PREPARED FOR KENDALL-WEISS DEVELOPMENT, LLP, BY THE ABONMARCHE GROUP, FOR THE PURPOSE OF MAINTAINING A WRITTEN RECORD OF THE APPROXIMATE PATH OF INSTALLED, FORCE MAIN SANITARY SEWER PIPE. (hereinafter called EASEMENT) The total cost of construction for the IRONWOOD SEWER EXTENSION is ($344,935), itemized as follows: Description Quantity Unit Unit Price Cost Lift Station I Ea $110,000 $127,415 Force Main 3720 Lft $20.25 $75,330 Force Main- 3200 Lft $38.50 $123,200 Directional Bored Surface 1 Lsum $5,000 $5,000 Restoration 3-Phase 1 Lsum $14,000 $14,000 Electric for Lift Station Grand Total $344,945 6. For a period not to exceed fifteen (15) years, any owner of real property who: (a) did not contribute to the original cost of the IRONWOOD SEWER EXTENSION; and (b) subsequently taps into, uses, or deposits sewage into the IRONWOOD SEWER EXTENSION, contracted for under this Contract, any lateral sewers coiuiected to them, or any extension of them, must obtain approval from the CITY Board of Public Works, pay to the CITY, and its assigns, a fair pro rata share of the cost of the construction of the IRONWOOD SEWER EXTENSION, subject to the rules of the Board of Public Works. All amounts received by the CITY under this contract shall be paid out, without appropriation, to KENDALL-WEISS, and its assigns, within sixty (60) days after they are received. Each parcel of land abutting the EASEMENT, the IRONWOOD SEWER EXTENSION, and/or the SERVICE AREA is under this contract. The owner of said parcel of land abutting the EASEMENT, the IRONWOOD SEWER EXTENSION, and/or the SERVICE AREA shall pay a fair pro rata share of the cost of construction of the IRONWOOD SEWER EXTENSION, which shall be calculated as follows: $.026 per square foot times 110 percent if outside City of South Bend per Ordinance 9330-02 (c) Owners of the following described parcels of real property with the indicated tax key numbers and estimated acreage, who may subsequently tap into, use, or deposit sewage in the IRONWOOD SEWER EXTENSION contracted for under this Contract, or any lateral sewers connected to them, are also under this contract shall pay a fair pro rata share of the cost of construction of the IRONWOOD SEWER EXTENSION as described in paragraph 6(b): Tax Key Numbers and Estimated Acreage Romak's State Line Road Minor Subdivision 02-1009-0204.01 — l acre Ironwood Estates Subdivision 02-1009-0205.0I (Lot 1) — 0.75 acres 0205,08 (Lot 2) — 0.75 acres 0205.09 (Lot 3) — 0.75 acres 0205.10 (Lot 4) — 0.75 acres 0205.11 (Lot 5) -- 0.75 acres 0205.12 (Lot 6) — 0.45 acres 0205.14 (Lot 8) — 0.45 acres 0205.03 (Lot 9) — 0.75 acres Ironwood Estate Subdivision, First Replat 02-1009-0250.13 (Lot 7A) — 0.45 acres Muellner Minor Subdivision 02-1009-0205.05 — 8 acres 02-1009-0204 —17 acres 0205.04 — 1.8 acres 0205.02 — 3.5 acres 0205 — 26.4 acres 0206 -- 42 acres 0206.03 — 0.5 acres 0206.01 — 1.5 acres 0206.02 — 0.05 acres 0207 — 36 acres 02-1014-0273 —120 acres Property to the North ofAulen Road and East of Ironwood Road — (not included in +/- 260 acres) 02-2013-0205.02 —10 acres 0250 -- 10 acres 0250.08 — 0.9 acres 0250.07 — 1.8 acres 0250.06 — 1.4 acres Nicely's Ironwood Road Minor Subdivision 02-2013-0250.09 — 1.6 acres *All acreage is estimated and was not taken from current legal descriptions or boundary surveys. Acreage was scaled from the tax key maps. (d) All amounts received by the CITY under this contract shall be paid out, without appropriation, under the terms of the contract within sixty (60) days after they are received. (e} KENDALL-WEISS releases the right to remonstrate against pending or future annexations by the CITY of the area served by the IRONWOOD SEWER EXTENSION. Any person tapping into or connecting to the IRONWOOD SEWER EXTENSION is considered to waive his rights to remonstrate against the annexation of the area served by the IRONWOOD SEWER EXTENSION. 7. Whenever any tap, use, extension, or connection is made in violation of Article 6 of this Contract, the CITY's Board of Public Works shall take appropriate remedies under the South Bend Sewer Use and Rate Ordinance, which may include, but not be limited to: (a) removing or causing to be removed the unauthorized tap, use extension or connection and all connecting material located in the right-of-way for the IRONWOOD SEWER EXTENSION; and (b) disposing of the unauthorized materials that are removed, without any liability on the part of the CITY or KENDALL-WEISS. The Clerk of the Board of Public Works shall cause the recording of this Contract in the Office of the Recorder of St. Joseph County, upon receipt of same. WITNESS WHEREOF, the parties have subscribed to the instrument on the day of 2003. KENDALL WE SS, L.L.P.: David H. ,Partner Angela K. Jacob, Clerk STATE OF INDIANA COUNTY OF ST. JOSEPH )SS: } BOARD OF PUBLIC WORKS . Gilot, P.E, President Carl P. Littrell, P.E., Member Before me, the undersigned, a Notary Public, in and for the County of St. Joseph and the State of Indiana, personally appeared Kendall Weiss, L.L.P. partner, David H. Weiss, the Board of , and its Members, Donald E. Inks and Carl P who acknowledged the execution of the foregoing Contract as and for their volunta , deed for the uses and purposes therein contained. WITNESS m hand and notarial seal�ayofY : Notary Pu lic Resident of St. Joseph County My Commission Expires 1316 COCNTY-CITY BUILDING SOUTiI BEND, INDIANA 46601-1330 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 8, 2003 David H. Weiss Kendall -Weiss, L.L.P. 828 E. Jefferson Blvd. South Bend, Indiana 46617 RE: Sewer Contract Ironwood Sewer Extension To Whom It May Concern: PHONa574/235-9251 FAX 574/235-9171 TDD 574/ 235-5567 The Board of Public Works recorded the above referenced document on July 22, 2003 with the St. Joseph Recorder's office. The original document is enclosed for your records. Sincerely, AngelVaJ acob, C erk Enclosure