HomeMy Public PortalAbout002-2006.authorizing signing EnvironmentaBOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF RICHMOND, INDIANA
RESOLUTION NO. 2 -2006
A RESOLUTION AUTHORIZING THE SIGNING OF AN ENVIRONMENTAL
RESTRICTIVE COVENANT
WHEREAS, The Board of Public Works and Safety of Richmond, Indiana ( "Board ") is
the disposing agent for real property owned and to be transferred or
acquired by the City of Richmond, Indiana ( "City ") pursuant to the
provisions of Indiana Code (IC) 36 -1 -11, et. Seq. (the "Act "); and
WHEREAS, The City of Richmond, Indiana, has had environmental remediation work
done on the real estate set forth in Exhibit "A" and located at 1100
Industries Road, Richmond, Indiana, commonly known as the Carpenter
property;
WHEREAS, The City of Richmond, Indiana, has worked with the Indiana Department
of Environmental Management (IDEM) concerning contaminates of
concern at the former Carpenter Bus facility site, IDEM Brownfields site
number *4020031;
WHEREAS, The City of Richmond entered into a Bona Fide Prospective Purchaser
Agreement with IDEM dated February 3, 2005, concerning the Carpenter
property located at 1100 Industries Road, Richmond, Indiana, and the
environmental situation with respect to that property; and
WHEREAS, On May 3, 2005, the City of Richmond, Indiana, acquired the real estate
described in Exhibit A by virtue of a Sheriff's Deed dated April 14, 2005
and recorded on May 3, 2005, as Instrument Number 2005004582 in the
records of the Recorder of Wayne County, Indiana, consisting of
approximately 91.788 acres, more or less; and
WHEREAS, A Purchase Agreement was entered into between Ground Level
Properties, LLC, and the City of Richmond, Richmond, Indiana on
November 30, 2005, in which Ground Level Properties, LLC, purchased
the real estate located at 1100 Industries Road, Richmond, Indiana,
commonly known as the Carpenter property, for the sum of One Million
Five Hundred Thousand and Ten Dollars ($1,500,010.00); and
WHEREAS, To complete the sale of the subject real estate located at 1100 Industries
Road, Richmond, Indiana, it is necessary to have an Environmental
Restrictive Covenant placed on the subject real estate because of the
hazardous waste or hazardous substance or contamination on the subject
real estate;
WHEREAS, An Environmental Restrictive Covenant has been prepared by Meredith
Gramelspacher, an attorney for the Indiana Department of Environmental
Management, and said Environmental Restrictive Covenant is attached to
this Resolution and incorporated herein as Exhibit "B ", which
Environmental Restrictive Covenant includes the legal description to the
Carpenter property real estate located at 1100 Industries Road, Richmond,
Indiana; and
WHEREAS, The City of Richmond, Indiana, Ground Level Properties LLC, Rose City
Business Park, L.L.C., and IDEM have all signed a Notice of Transfer,
Consent of Transferor and Transferees to be Bound, and Modification of
Bona Fide Prospective Purchaser Agreement, dated January 18, 2006, a
copy of which is attached hereto as Exhibit "C ".
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
AND SAFETY OF RICHMOND, INDIANA, that the Board approves the Environmental
Restrictive Covenant prepared by Meredith Gramelspacher and submitted to the Board by
City Attorney, Walter S. Chidester, concerning the Carpenter property located at 1100
Industries Road, Richmond, Indiana, a copy of which is attached with this Resolution.
NOW FURTHER BE IT RESOLVED that the Board of Public Works and Safety of
Richmond, Indiana, that the Board President, John P. Kenny, be authorized to sign the
Environmental Restrictive Covenant for and on behalf of the City of Richmond, Indiana,
acting through its Board of Public Works and Safety of Richmond, Indiana.
NOW FURTHER BE IT RESOLVED that upon signing of the Environmental Restrictive
Covenant by John P. Kenny, that Walter S. Chidester, City Attorney for the City of
Richmond, Indiana, shall promptly have said Environmental Restrictive Covenant
recorded in the Wayne County Recorder's Office, and have a copy properly submitted to
IDEM.
THIS RESOLUTION IS ADOPTED THIS 19 day of January, 2006.
Board of Public Works and Safety
of Richmond, Indiana
S/S John P. Kenny
John P. Kenny, Chairman
S/S Dian Lawson
Dian Lawson
S/S Mary Jo Flood
Mary Jo Flood