HomeMy Public PortalAbout017 2010 - Approving Salisbury Road.docBOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF RICHMOND, INDIANA
RESOLUTION NO. 17-2010
A RESOLUTION AUTHORIZING APPROVAL OF
MEDIATED SETTLEMENT AGREEMENT
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 filed a lawsuit to acquire, by eminent domain, certain property on Salisbury Road, Richmond, Indiana for the Salisbury Road widening project.
The legal description of the certain real estate being acquired is attached hereto as Exhibits “A” and “B”. The lawsuit was filed in the Wayne Circuit Court, Wayne County, Indiana,
in Cause Number 89C01-0906-PL-013 against, among others, Defendants Doherty, Inc. and Donald E. Winget; and
WHEREAS, As a result of the lawsuit being filed by the City of Richmond against Doherty, Inc., and Donald E. Winget, among others, a mediation was conducted on or about February 19,
2010; and
WHEREAS, In an attempt to reach an agreement in this case, David L. Rimstidt, the mediator referenced above, submitted a mediator’s proposal on February 22, 2010, to counsel for the
City of Richmond, Indiana and counsel for Defendants Doherty, Inc., and Donald E. Winget. On February 22, 2010, Walter S. Chidester, counsel for Plaintiff City of Richmond, Indiana,
and David P. Murphy, counsel for Defendants Doherty, Inc. and Donald E. Winget accepted the proposal on behalf of Plaintiff and Defendants by mediator David L. Rimstidt. A copy of said
Mediator’s proposal and the acceptance by City of Richmond, Indiana and Doherty, Inc. and Donald E. Winget, is attached hereto and incorporated herein by reference, as Exhibit “C”; and
WHEREAS, On March 31, 2010, the Agreed Judgment Entry as to Doherty, Inc. and Donald E. Winget was filed in the Wayne Circuit Court, Cause No. 90C01-0906-PL-013. Said Agreed Judgment
Entry attached with it Exhibit “D”. A copy of said Agreed Judgment Entry is attached hereto and incorporated herein by reference as Exhibit “D”; and
WHEREAS, On April 5, 2010, David A. Kolger, Judge of the Wayne Circuit Court, signed and entered the Judgment Entry as to Doherty, Inc and Donald E.
Winget. Said Judgment Entry is attached hereto and incorporated herein by reference as Exhibit “E”. Said Judgment Entry, among other things, Ordered the Parties to “abide by the terms
of the Agreed Judgment Entry and execute all documents necessary to give effect to said Entry; and
WHEREAS, The Mediator’s Proposal of February 22, 2010, in paragraph 9 on page 3, of said Mediator’s proposal in Exhibit “C”, is subject to the approval of the Board of Public Works
of Richmond, Indiana, which is one and the same entity, and is also known as, as the Board of Public Works and Safety of Richmond, Indiana.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF RICHMOND, INDIANA, that said Board approves the Mediator Proposal of David L. Rimstidt of February 22, 2010
between Plaintiff the City of Richmond, Indiana and Defendants Doherty, Inc., and Donald E. Winget, as accepted by Plaintiff and Defendants Doherty, Inc. and Donald E. Winget, as set
forth in attached Exhibit “C”.
THIS RESOLUTION IS ADOPTED THIS 16th day of December, 2010.
Board of Public Works and Safety
of Richmond, Indiana
S/S Vicki Robinson _______________________
Vicki Robinson, President
S/S Dian Lawson___________________________
Dian Lawson
S/S Mary Jo Flood ______________________
Mary Jo Flood