HomeMy Public PortalAbout044-1994 - SPECIAL ORDINANCE CONCERNING THE MEDICAL ARTS BUILDIORDINANCE NO. 44-1994
A SPECIAL ORDINANCE CONCERNING THE MEDICAL ARTS BUILDING
WHEREAS the Board of Commissioners of Wayne County, Indiana, has determined
that the Medical Arts Building located at 35 South 8th Street, Richmond,
Indiana, contains hazardous waste and other environmental problems of
which the cost of remediation and elimination is uncertain, and
WHEREAS said Commissioners are willing to request a Tax Title Deed from the Wayne
County Auditor for said building and site provided the City agrees to
remediate and eliminate the environmental problems existing thereon, and
WHEREAS the City desires that remediation and elimination of the environmental
problems occur promptly so the site may become available for use and
development, and
WHEREAS said Commissioners agree to convey the Medical Arts Building and site to
the City in consideration of City conducting the remediation and elimination
of said environmental problemsand-
WHEREAS the City agrees to assume full responsibility for the remediation and
elimination of the environmental problems including demolition of said
building,
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that the attached Interlocal Agreement be and is hereby approved and that the real estate described
in said Interlocal Agreement, commonly referred to as 35 South 8th Street, be transferred by the
City to the Richmond, Indiana, Redevelopment Commission at such time as the site has been
rehabilitated and is ready for yse and development.
Passed and adopted this D—.:� day, of June, 1994, by the Common Council City of
Richmond, Indiana. �,
nt
'+Larry arker
ATTEST. ,City Clerk
{ orma Carnes)
PRESENTED to the Mayor of the City of Richmond, Indiana,
9:00 a. m. this oZ day of June, 1994, at
'� ,City Clerk
(Norma Carnes)
APPROVED by me, Roger Cornett, Mayor of the City of Ri
June, 1994, at 9:05 a.m.
t'
Indiana, this day of
mayor
oger Cornett
ATTES ,City Clerk
(Norma Carnes)
CITY OF RICHMOND
of R fey
J.
Z
DEPARTMENT OF LAW
50 North 5th Street
'k o i Richmond, Indiana 47374
Phone (317) 983-7220
Fax (317) 966-2255
June 2,1994
Common Council
Richmond, IN 47374
No. 44-1994
Dear Council Member:
ROGER CORNETT
Mayor
THOMAS S. MILLIGAN
City Attorney
The Medical Arts Building has been a problem property for a number of years. The owner, C. Anthony
Co., Inc. did not pay the taxes nor the mortgage in favor of Star Bank. The Bank made a settlement
with the guarantor of the obligation secured by the mortgage and did not foreclose on the property.
The County Auditor advertised the property for sale due to delinquent taxes on two occasions but no bids
were received. The Wayne County Commissioners have been unwilling to take title to the property by
Tax Title Deed due to the uncertainty of the cost of remediating the environmental problems posed by
certain construction materials in the building.
Mayor Cornett has negotiated with the County Commissioners concerning this problem property and
the attached agreement was prepared as a result. The Mayor and County Commissioners have signed
the agreement. The Wayne County Council will be asked to approve the agreement at its meeting,
Monday morning, June 6,1994.
Pursuant to Indiana Code 36-1-7-4, the fiscal body of each political subdivision involved in the
agreement must approve. Common Council is the fiscal body for the City.
Castle Concepts Consultants, Inc. by letter dated November 29, 1993, to the Wayne County
Commissioners has estimated the cost of remediation of the environmental problems posed by
demolition of the building at $179,850.00.
ACT Environmental, Inc. by letter dated March 22, 1994, to City, Engineer Robert Wiwi has estimated
the cost of remediation of the environmental problems posed by demolition of the building at
$88,677.00.
Mayor Cornett's position is that this is a problem property that is the City's responsibility due to
virtual abandonment by the private owner.
The City, Wayne Township, Wayne County, Richmond Community Schools and other tax supported
units have lost property tax revenue as a result of uncollected taxes. The cost of rehabilitating this
property is a necessary investment at this time in the future tax base of the community.
A grant application to the Community Development Division of the Indiana Department of Commerce
is being prepared. Representatives of the Department have already inspected the site and received a
briefing on the proposal. An alternative financing source would be the Economic Development Income
Tax received by the City.
The Board of Works will act upon bid specifications prepared by the Engineering Division at the
gories need to be increase or transferred, Common Council
appropriate time. In the event funding cate
will be asked to enact the necessary budget transfers and additional appropriations.
Sincerely yours,
Thomas S. Milligan
City Attorney
Enclosure
TSM ags _ ___
INTERLOCAL AGREEMENT
BETWEEN BOARD OF COMMISSIONERS
OF WAYNE COUNTY, INDIANA
AND CITY OF RICHMOND
THIS INTERLOCAL AGREEMENT by and between the Board of Commissioners of Wayne
County, Indiana, hereinafter referred to as "Commissioners", and the City of
Richmond, Indiana, hereinafter referred to as "City".
W I T N E S S E T H:
WHEREAS, C. Anthony Co., Inc. by Warranty Deed recorded Duly 18, 1980 in
Deed Record 410, page 103 of the records in the office of the Recorder of Wayne
County, Indiana acquired fee simple title to the following described real estate
situate in the City of Richmond, County of Wayne, State of Indiana, and more
particularly described as follows, to -wit:
TRACT 1
A part of Lot Number Two (2) in Charles W. Starr's Addition to the City of Rich-
mond, and described as follows: Commencing on the east line of South Eighth
.(8th) Street in said City at the center of the partition wall between houses
Twenty-five (25) and Twenty-seven (27) South Eighth (8th) Street as now located
on said lot, said point being Twenty-one (21) feet, more or less, North of the
center of the vacated alley between Lots Two (2) and Three (3) in said Charles
W. Starr's Addition; thence North along the west line of said Lot Number Two
(2), Eighteen (18) feet, more or less to the center line of said partition wall
between house Number Twenty-three (23) and Number twenty-five (25) South Eighth
(8th) Street as now located on said Lot; thence East through the center line of
said partition wall to the east line of said Lot; thence South along the east
line of said Lot, Eighteen (18) feet, more or less, to a point opposite the cen-
ter line of the partition wall between house Number twenty-five (25) and Number
twenty-seven (27) South Eighth (8th) Street as located on said Lot; thence West
to and along the center of said partition wall to the place of beginning.
TRACT 2
Also, part of Lot Number Two (2) in Charles W. Starr's Addition to the City of
Richmond and of the vacated alley lying immediately South thereof and adjacent
thereto, described as follows, to -wit:
Commencing on the east line of South Eighth (8th) Street in said City, at the
center of the vacated alley between Lots Number Two (2) and Three (3) in Charles
W. Starr's Addition to the City of Richmond, said point being on the north line
of the real estate owned by Pythian Temple Association; thence North along
Eighth (8th) Street and the west line of said Lot Number Two (2), Twenty-one
(21) feet, more or less, to the center of the partition wall between two houses,
Number twenty-five (25) and twenty-seven (27) South Eighth (8th) Street as now
located; thence East through the center of said partition wall to the east line
of said Lot Number Two (2); thence South along the east line of said Lot Number
Two (2), and through the vacated alley to the real estate owned by the Pythian
Temple Association; thence West, along the center of said vacated alley and the
Pythian Temple Association's north line to the place of beginning.
A part of lot number Two (2) in that part of the City of Richmond laid out by
Charles W. Starr, commencing at the center of the partition wall separating the
houses No. 23 and No. 25 South Eighth Street, on the West line of said lot, the
same being the Northwest corner of the real estate heretofore conveyed by LeRoy
Kelly and wife to Martin, thence North along the East side of Eighth Street,
North eighteen (18) feet more or less to the center of the partition wall sepa-
rating the houses No. 21 and No. 23 South Eighth Street in the City of Richmond,
Indiana, the same being the Southwest corner of the real estate heretofore con-
veyed by LeRoy Kelly and others to L.M. Emmons; thence East through the center
of said partition wall to the East line of said lot; thence South along the East
refsaid1ot eigiteen(18� feetihae orless to saidartin's Northeast cor-
ner, thence West along Martin's North line to the place of beginning, including
all furnishings and fixtures as located in apartments on above real estate.
Lot Number three (3) and a part of Lot number four (4) in that part of the City
of Richmond laid out by Charles W. Starr, south of Main Street, the whole
bounded as follows, to -wit: Beginning at the northwest corner of said Lot num-
ber three (3) on the east side of South Eighth Street (formerly Fifth Street);
thence south along said street seventy-five (75) feet; thence east to the east
side of said Lot number four (4); thence north along the east line of said Lots
number three (3) and four (4), seventy-five (75) feet to the northeast corner of
said lot number three (3); thence west along the north line of said Lot number
three (3) to the place of beginning. Also, the south half of a vacated alley
between lots number two (2) and three (3) in said Addition; said premises known
as the Medical Arts Building situate on South 8" Street, Richmond, Indiana.
which parcel of real estate with all hereditaments is hereinafter referred to as
"Medical Arts Building", and
WHEREAS, C. Anthony Co., Inc. did fail to pay the installments of taxes
assessed upon said real estate for the period of time which pursuant to the
statutes of the State of Indiana made said parcel of real estate eligible for
sale for delinquent real estate taxes, and
WHEREAS, the Auditor of Wayne County, Indiana did pursuant to statutory
authority and notice upon the 16th day of October, 1991 and the 30th day of
October, 1992 offer the Medical Arts Building for sale for delinquent taxes, and
WHEREAS, no party made a bid to purchase said Medical Arts Building at
either of said sales, and
lw4m
WHEREAS, the right of redemption of C. Anthony Co., Inc. expired November 1,
1993, and
WHEREAS, Commissioners have in accord with I.C. 6-1.1-25-4 determined that
the Medical Arts Building contains hazardous waste or other environmental situa-
tions of which the cost of remediation and elimination is uncertain and the
Auditor of Wayne County, Indiana is not required to execute deed to County under
said statute when such conditions exist, and
WHEREAS, Commissioners are willing to request a Tax Title Deed be executed
and delivered by the Auditor which conveys the Medical Arts Building to Wayne
County provided that City has agreed to participate in the abatement or allevia-
tion of the environmental situations, and
WHEREAS, Commissioners at their expense have caused a Phase I environmental
audit of the Medical Arts Building to be conducted, and
WHEREAS, said Phase I environmental audit indicated need for remediation and
elimination of environmental situations including asbestos -containing materials,
lead -based paint hazards, hazardous chemicals, underground storage tanks, solid
waste removal, and for further sub -surface investigation, and
WHEREAS, City has caused an independent Phase i environmental audit of the
Medical Arts Building to be conducted at its expense which has also identified
environmental situations which should be remediated and eliminated, and
WHEREAS, Commissioners and City desire that remediation and elimination of
the environmental situations in and on the Medical Arts Building site occur
promptly and that same become available for use and development free of any
environmental situations, and
WHEREAS, Commissioners have agreed to convey the Medical Arts Building to
City in consideration of City conducting the remediation and elimination of all
environmental situations in and on such site as set forth in environmental
- 3 -
audits conducted and to be conducted, and
WHEREAS, City has agreed to assume full responsibility for the remediation
and elimination of all environmental situations in and on the Medical Arts
Building as identified in environmental audits upon acquisition of title, which
may include demolition of the building.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained Commissioners and City jointly and severally agree as follows:
I. Commissioners shall acquire from the Auditor of Wayne County and
record a Tax Title Deed which conveys the Medical Arts Building
to Wayne County.
2. Commissioners shall convey the Medical Arts Building by Quit -
Claim Deed to the City.
3. Commissioners shall deliver to City the sum of Twenty-five
Thousand Dollars ($25,000.00) within thirty (30) days of delivery
of the Quit -Claim Deed hereinabove described.
4. City shall at all times have the right to demolish the buildings
on the Medical Arts Building site, remove the debris and any
contaminated soil and by such action eliminate the environmental
situations.
5. City for and in consideration of acquiring title to the Medical
Arts Building and receipt of the sum of Twenty-five Thousand
Dollars ($25,000.00) from Commissioners as herein provided, does
hereby agree on or before one (1) year from the date of final
approval of this Agreement to remediate, remove and eliminate all
the environmental situations in and on the Medical Arts Building
as identified in Phase I and Phase II environmental audits or
accomplish by demolition of the buildings, with same to be at
4 -
sole cost of City.
City shall prepare a Project Plan, acquire all prerequisite permits,
correlate project with State and local agencies, and prepare and
file closure documentation for the completed project.
6. City further hereby expressly agrees to indemnify and forever
hold Commissioners harmless from any claim or claims, action or
actions, cause of action or causes or action, damages and demand
----- ----.-o r-deman-d s , i-n c-Vud °i-ng a-ny-o-f --s-u c-ha-s- t-o----ef vi-r-o nmen t-a 1--s t-ua-t i-on-s . —
which may hereinafter at any time be made, asserted, brought or
instituted upon Commissioners, their successors or assigns, or
Wayne County, Indiana, by virtue of Wayne County, Indiana being
in the chain of title to the Medical Arts Building or for any other
reason including demolition of structures or remediation of
environmental situations.
8. Commissioners do hereby convey and grant to City any right of
action and/or recovery against any prior owner in the chain of
title to the Medical Arts Building as to any existing environmental
situation created by such prior owner before the acquisition of
title by Commissioners.
9. Comptroller of the City of Richmond is hereby designated as the
disbursing officer to receive, disburse and account for all monies
involved in this undertaking.
IN WITNESS WHEREOF, the Board of Commissioners of Wayne County, Indiana, and
the Mayor of the City of Richmond have hereunto set their hands and seals this
first day of June, 1994 with the terms of this Interlocal Agreement to be effec-
tive upon approval by the Wayne County Council and the Common Council of the
- 5 -
City of Richmond, Indiana.
CITY OF RI INDIANA
oli � -
Mayor
APPROVES}
RICHMOND
r,
siden
Date: 1994
BOARD OF COMMISSIONERS
WAYNE COUNTY, INDIANA
Max A. Smith
1-9
rcia t re
APPROVED
WAYNE COUNTY COUNCIL
aul Banning,
President
Date: 1994
INTERLOCAL AGREEMENT
BETWEEN BOARD OF COMMISSIONERS
OF WAYNE COUNTY, INDIANA
AND CITY OF RICHMOND
THIS INTERLOCAL AGREEMENT by and between the Board of Commissioners of Wayne
County, Indiana, hereinafter referred to as "Commissioners", and the City of
Richmond, Indiana, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, C. Anthony Co., Inc, by Warranty Deed recorded July 18, 1980 in
Deed Record 410, page 103 of the records in the office of the Recorder of Wayne
County, Indiana acquired fee simple title to the following described real estate
situate in the City of Richmond, County of Wayne, State of Indiana, and more
particularly described as follows, to -wit:
TRACT 1
A part of Lot Number Two (2) in Charles W. Starr's Addition to the City of Rich-
mond, and described as follows: Commencing on the east line of South Eighth
(8th) Street in said City at the center of the partition wall between houses
Twenty-five (25) and Twenty-seven (27) South Eighth (8th) Street as now located
on said lot, said point being Twenty-one (21) feet, more or less, North of the
center of the vacated alley between Lots Two (2) and Three (3) in said Charles
W. Starr's Addition; thence North along the west line of said Lot Number Two
(2), Eighteen (18) feet, more or less to the center line of said partition wall
between house Number Twenty-three (23) and Number twenty-five (25) South Eighth
(8th) Street as now located on said Lot; thence East through the center line of
said partition wall to the east line of said Lot; thence South along the east
line of said Lot, Eighteen (18) feet, more or less, to a point opposite the cen-
ter line of the partition wall between house Number twenty-five (25) and Number
twenty-seven (27) South Eighth (8th) Street as located on said Lot; thence West
to and along the center of said partition wall to the place of beginning.
TRACT 2
Also, part of Lot Number Two (2) in Charles W. Starr's Addition to the City of
Richmond and of the vacated alley lying immediately South thereof and adjacent
thereto, described as follows, to -wit:
Commencing on the east line of South Eighth (8th) Street in said City, at the
center of the vacated alley between Lots Number Two (2) and Three (3) in Charles
W. Starr's Addition to the City of Richmond, said point being on the north line
of the real estate owned by Pythian Temple Association; thence North along
Eighth (8th) Street and the west line of said Lot Number Two (2), Twenty-one
(21) feet, more or less, to the center of the partition wail between two houses,
Number twenty-five (25) and twenty-seven (27) South Eighth (8th) Street as now
located; thence East through the center of said partition wall to the east line
of said Lot Number Two (2); thence South along the east line of said Lot Number
Two (2), and through the vacated alley to the real estate owned by the Pythian
Temple Association; thence West, along the center of said vacated alley and the
Pythian Temple Association's north line to the place of beginning.
A part of lot number Two (2) in that part of the City of Richmond laid out by
Charles W. Starr, commencing at the center of the partition wall separating the
houses No. 23 and No. 25 South Eighth Street, on the West line of said lot, the
same being the Northwest corner of the real estate heretofore conveyed by LeRoy
Kelly and wife to Martin, thence North along the East side of Eighth Street,
North eighteen (18) feet more or less to the center of the partition wall sepa-
rating the houses No. 21 and No. 23 South Eighth Street in the City of Richmond,
Indiana, the same being the Southwest corner of the real estate heretofore con-
veyed by LeRoy Kelly and others to L.M. Emmons; thence East through the center
of said partition wall to the East line of said lot;..then.ce.South.al.on the..East
11-ne af—S-V-d-lat eighteen feeet f6—re or ess to said Martin's Northeast cor-
ner, thence West along Martin's North line to the place of beginning, including
all furnishings and fixtures as located in apartments on above real estate.
Lot Number three (3) and a part of Lot number four (4) in that part of the City
of Richmond laid out by Charles W. Starr, south of Main Street, the whole
bounded as follows, to -wit; Beginning at the northwest corner of said Lot num-
ber three (3) on the east side of South Eighth Street (formerly Fifth Street);
thence south along said street seventy-five (75) feet; thence east to the east
side of said Lot number four (4); thence north along the east line of said Lots
number three (3) and four (4), seventy-five (75) feet to the northeast corner of
said tot number three (3); thence west along the north line of said Lot number
three (3) to the place of beginning. Also, the south half of a vacated alley
between lots number two (2) and three (3) in said Addition; said premises known
as the Medical Arts Building situate on South 8" Street, Richmond, Indiana.
which parcel of real estate with all hereditaments is hereinafter referred to as
"Medical Arts Building", and
WHEREAS, C. Anthony Co., Inc. did fail to pay the installments of taxes
assessed upon said real estate for the period of time which pursuant to the
statutes of the State of Indiana made said parcel of real estate eligible for
sale for delinquent real estate taxes, and
WHEREAS, the Auditor of Wayne County, Indiana did pursuant to statutory
authority and notice upon the 16th day of October, 1991 and the 30th day of
October, 1992 offer the Medical Arts Building for sale for delinquent taxes, and
WHEREAS, no party made a bid to purchase said Medical Arts Building at
either of said sales, and
- 2 -
WHEREAS, the right of redemption of C. Anthony Co., Inc. expired November 1,
1993, and
WHEREAS, Commissioners have in accord with I.C. 6-1.1-25-4 determined that
the Medical Arts Building contains hazardous waste or other environmental situa-
tions of which the cost of remediation and elimination is uncertain and the
Auditor of Wayne County, Indiana is not required to execute deed to County under
said statute when such conditions exist, and
WHEREAS, Commissioners are willing to request a Tax Title Deed be executed
and delivered by the Auditor which conveys the Medical Arts Buildingto Wayne.
County provided that City has agreed to participate in the abatement or allevia-
tion of the environmental situations, and
WHEREAS, Commissioners at their expense have caused a Phase I environmental
audit of the Medical Arts Building to be conducted, and
WHEREAS, said Phase I environmental audit indicated need for remediation and
elimination of environmental situations including asbestos -containing materials,
lead -based paint hazards, hazardous chemicals, underground storage tanks, solid
waste removal, and for further sub -surface investigation, and
WHEREAS, City has caused an independent Phase I environmental audit of the
Medical Arts Building to be conducted at its expense which has also identified
environmental, situations which should be remediated and eliminated, and
WHEREAS, Commissioners and City desire that remediation and elimination of
the environmental situations in and on the Medical Arts Building site occur
promptly and that same become available for use and development free of any
environmental situations, and
WHEREAS, Commissioners have agreed to convey the Medical Arts Building to
City in consideration of City conducting the remediation and elimination of all
environmental situations in and on such site as set forth in environmental
- 3 -
audits conducted and to be conducted, and
WHEREAS, City has agreed to assume full responsibility for the remediation
and elimination of all environmental situations in and on the Medical Arts
Building as identified in environmental audits upon acquisition of title, which
may include demolition of the building.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained Commissioners and City jointly and severally agree as follows:
1. Commissioners shall acquire from the Auditor of Wayne County and
record a Tax Title Deed which conveys the Medical Arts
to Wayne County.
2. Commissioners shall convey the Medical Arts Building by Quit -
Claim Deed to the City.
3. Commissioners shall deliver to City the sum of Twenty-five
Thousand Dollars ($25,000.00) within thirty (30) days of delivery
of the Quit -Claim Deed hereinabove described.
4. City shall at all times have the right to demolish the buildings
on the Medical Arts Building site, remove the debris and any
contaminated soil and by such action eliminate the environmental
situations.
5. City for and in consideration of acquiring title to the Medical
Arts Building and receipt of the sum of Twenty-five Thousand
Dollars ($25,000.00) from Commissioners as herein provided, does
hereby agree on or before one (1) year from the date of final
approval of this Agreement to remediate, remove and eliminate all
the environmental situations in and on the Medical Arts Building
as identified in Phase I and Phase II environmental audits or
accomplish by demolition of the buildings, with same to be at
- 4 -
sole cost of City.
City shall prepare a Project Plan, acquire all prerequisite permits,
correlate project with State and local agencies, and prepare and
file closure documentation for the completed project.
6. City further hereby expressly agrees to indemnify and forever
hold Commissioners harmless from any claim or claims, action or
actions, cause of action or causes or action, damages and demand
or eemands, i_nc_lud ng any of such as to environmental situations
which may hereinafter at any time be made, asserted, brought or
instituted upon Commissioners, their successors or assigns, or
Wayne County; Indiana, by virtue of Wayne County, Indiana being
in the chain of title to the Medical Arts Building or for any other
reason including demolition of structures or remediation of
environmental situations.
8. Commissl oners do hereby convey and grant to City any right of
action and/or recovery against any prior owner in the chain of
title to the Medical Arts Building as to any existing environmental
situation created by such prior owner before the acquisition of
title by Commissioners.
9. Comptroller of the City of Richmond is hereby designated as the
disbursing officer to receive, disburse and account for all monies
involved in this undertaking.
IN WITNESS WHEREOF, the Board of Commissioners of Mayne County, Indiana, and
the Mayor of the City of Richmond have hereunto set their hands and seals this
first day of dune, 1994 with the terms of this Interlocal Agreement to be effec-
tive upon approval by the Wayne County Council and the Common Council of the
- 5 -
City of Richmond, Indiana.
CITY OF D
, INDIANA
o -
Mayor
APPROVED
RICHMOND COMMON COUNCIL
Larry Parker,
President
BOARD OF COMMISSIONERS
WAYNE COUNTY, INDIA A
;�W' 4'Zi
Max A. 5ini th
ri
rcia rrenc
APPROVED
WAYNE COUNTY COUNCIL
Paul Banning,
President
Date: . 1994 Date:
. 1994
- 6 -
t
DISPOSITION OF ORDINANCE NO. 77 •5cn
RESOLUTION 140.
by Common Council
Ordinance No./
Resolution No. Eistro Lundy Srookbank Donat Mc36dee loafer Dickfn; Fn
Susp.
rules Ist ;sad
Title only i
Seconded mm...-
Proof of Publicaton
Seconded --_- —}
Move to 2nd read
----------------- ----- ----.......... ........ --•-.... .....
Seconded
Engrossment
Seconded
SusP rules 3rd rsa
................................ ................
Seconded i
Passage 0R......... ...............
.. ,�.............. .✓
---... --
Rejection ✓
Date Passed
COMMITTEE ASSI N S:
Committee Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATES:
AMENDMENTS:
COMMENTS: