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HomeMy Public PortalAbout147-2012 - Purina Easement AgreementAGREEMENT THIS AGREEMENT is entered into this 2 TT day of AJoVE mZC—P_ , 2012, by and between the City of Richmond, Indiana, Department of Sanitation acting through the Board of Commissioners for the Richmond Sanitary District (hereinafter referred to as "RSD"), and Purina Mills, LLC, 1080 County Road F West, Shoreview, MN 55126 (hereinafter referred to as "Purina"). WHEREAS,. RSD intends to construct a major sewer project known as the Eastside Interceptor Replacement Phase III Project. (the "Project"); and WHEREAS, as part of the Project, RSD will abandon the interceptor sewer that collects sanitary sewage flows form the Purina site at 505 North 4th Street in Richmond, Indiana ( "the site"); and WHEREAS, Purina will continue to need sanitary sewer service after the Project; and WHEREAS, the sewer lateral serving Purina will need to be re-routed to a sanitary sewer that will remain operational after completion of the Project; and WHEREAS, RSD has proposed and designed an alignment for re-routing Purina's sewer within construction drawings for the Project; and WHEREAS, Purina has requested RSD to evaluate alternative alignments for re-routing Purina's sewer; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, the parties agree as follows: 1. RSD agrees to evaluate alternative alignments for such sewer with input from Purina. 2. RSD agrees to install anew gravity sanitary sewer on Purina's site as part of the Project, at RSD's sole cost. Purina agrees to own and maintain the new gravity sanitary sewer on its site. 4. Purina agrees to allow RSD to install the sewer on its site as currently. designed in Construction drawings for the Project, incorporated herein by reference, if no viable alternate alignments are found, as mutually agreed upon by the parties. 5. Purina agrees to grant a temporary construction easement to RSD for the new gravity sewer pursuant to the current Project design, as shown in Exhibit "AA" attached hereto and incorporated herein by reference. 6. RSD agrees to coordinate construction of the Project, as it affects Purina, with Purina. 7. The parties agree that time is of the essence in the accomplishment of the evaluation of the alternative alignments and execution of the above -referenced easement due to Project requirements; therefore, each shall be completed on or before -November 28, 2012. Contract # 147-2012 CONTROLLING LAW & BINDING EFFECT. This Agreement shall be construed pursuant to the laws of the State of Indiana and if any tern or condition shall to any extent be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by law. This Agreement shall further be binding upon and inure to the benefits of the parties, their agents, successors and assigns. It shall not be amended but for a writing signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Zk tPrinted) (Title) Date: zi �-- APPROVED: Sarah L. Hutton, .mayor Date: fi}�i1: u PURINA MILLS, LLC . ;_hip_ i. f i'" 4 i se a t b17... ... .1� h __ � tl'. _.'� ,l.4 �. ;, J24; I� .i r�_ � WI ..a:1 - Ij s ➢ - i� F ' � i� - = ii � Ib Y' � �7_ 1,_7i _ _ .k `.. lA ;. I MI."! 3¢1T A ul �1�� � �� "`e '� �� ; .� �. m ` ' _A _ a _$ ' $ � • i - `rid: �- a i�` � : �`u..` a 1 P b 1 i p11F '1 6ivitt, AWL 'Ara" z TEMPORARY CONSTRUCTION EASEMENT PURINA MILLS, LLC, the owner of certain property located at 505 North 4th Street in Richmond, Wayne County, Indiana (hereinafter referred to as "Grantor"), in consideration of the terms contained herein, does hereby grant and convey to the City of Richmond, Indiana, a Municipality (hereinafter "Grantee") a temporary easement for construction purposes, upon certain property located on or about 505 North 4tht' Street, Richmond, Indiana and more particularly described as follows, to wit: See Exhibit A attached hereto and made a part hereof and as shown in the area outlined in red on Exhibit B attached hereto and made a part. hereof. This temporary easement is for the purpose of construction, shall be temporary in duration, and shall terminate when the construction of a new sewer lateral, which replaces a portion of the existing lateral and is part of the East Side Interceptor Replacement Phase III Project, is completed. Such new sewer lateral shall remain the property of GRANTOR. GRANTEE agrees to restore, at GRANTEE'S cost, any damages to GRANTOR'S property, including the easement area, to a similar condition to that which existed prior to the commencement of GRANTEE'S construction work. GRANTOR shall have the right to use the easement for purposes not inconsistent with GRANTEE's full enjoyment of the rights hereby granted. GRANTOR covenants that they are the owners of the premises described above and have the right, title, and capacity to grant the easement herein granted. GRANTEE or GRANTEE'S representatives shall be required to work on weekends and will not be permitted to work during the months of December through March unless authorized by GRANTOR. All work will be coordinated with GRANTOR'S authorized representatives prior to commencement. EXH1Bt6. % ,PAGE 1 OF .SL Temporary parking spaces equal to the number of spaces temporarily disrupted due to construction will be provided by GRANTEE in a location approved by GRANTOR. The provisions herein contain the entire understanding and agreement of the parties relating to the subject matter hereof and supersede any prior agreements or representations relating to the subject matter that are not set forth herein. GRANTOR represents that this conveyance is made pursuant to statutory authority and resolution of the Grantor, and that the undersigned has authority to execute this document which authority has not been rescinded, amended, or altered in any way. IN WITNESS whereof, Grantor(s) execute this Temporary Easement For Construction as of this day of , 2012. GRANTOR: PURINA MILLS, LLC By: (signature) By: (printed) STATE OF INDIANA, SS. WAYNE COUNTY, Before me, the undersigned, a Notary Public in and for said County and State, personally Appeared the within named Purina Mills, LLC/ Land O' Lakes by who acknowledged the execution of the foregoing easement to be the voluntary act and deed of said Corporation. Witness, my hand and seal this day of , 2012. My Commission Expires: Residing in Notary Public County, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Walter S. Chidester This instrument was prepared by City of Richmond, Indiana, Department of Law. Exhibit "A" Temporary Sanitary Easement Description for Richmond Sanitary District Purina Mills, LLC. A Delaware Limited Liability Company Situated in the Southeast Quarter of Section 32, Township 14 North, Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, and being part of a tract of land currently conveyed to Purina Mills, LLC. A Delaware Limited Liability Company by Corporate Warranty Deed recorded in Deed Record Book 443, Page 351 in the Office of the Wayne County Recorder, and being more particularly described as follows: Commencing at the intersection of the north line of North D Street and the east line of the vacated North 4th Street; thence North 01 ° 44' 25" West 32.73 feet along the east line of said North 4th Street to the POINT OF BEGINNING for this description herein described; Being a strip of land 25-feet wide lying 12.5 feet on each side of the following described line from said beginning point; thence North 89 degrees 22 minutes 44 seconds East 35.21 feet to a point; thence North 17 degrees 59 minutes 04 seconds East 245.60 feet to a point; thence North 54 degrees 47 minutes 00 seconds East 77.20 feet to a point; thence North 68 degrees 19 minutes 20 seconds East 69.19 feet to a point; thence North 89 degrees 02 minutes 21 seconds East 83.86 feet to the point of terminus of this easement, containing an area of 0.293 acres, more or less SUBJECT TO: Any easements and right-of-way of record. This is to certify that the above description and the attached plat was prepared this 26th day of October 2012 from a recent land survey under my direction and supervision, and is true and correct to the best of my knowledge and belief. RICK L. MCAVENE Registered Land Surveyor License No. LS20200050 State of Indiana [See Exhibit B attached hereto] •a1 � # .741-ma-ITWIDAW km iw j yY •� 1, �s . . . . . . . ...