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
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(Title)
Date: zi �--
APPROVED:
Sarah L. Hutton, .mayor
Date:
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PURINA MILLS, LLC
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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]
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