HomeMy Public PortalAbout001 to Contract No. 79-2007FIRST AMENDMENT TO
AGREEMENT TO SELL AND PURCHASE REAL ESTATE
(Part of Lot 9, Midwest Industrial Park)
This Amendment is made by and between DANIEL D. STAMPER, d/b/a THOR
CONSTRUCTION CO., hereinafter referred to as "Purchaser", and the ECONOMIC
DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA, an Indiana
nonprofit corporation, hereinafter referred to collectively as "Seller".
WITNESSETH:
WHEREAS, Seller and Purchaser entered into a written Agreement to Sell and
Purchase Real Estate consisting of a part of Lot 9 in the Midwest Industrial Park located
in Wayne County, Indiana, which Agreement was fully executed on August 10, 2007;
and
WHEREAS, the parties now desire to amend said Agreement to Sell and Purchase
Real Estate in certain respects,
NOW, THEREFORE, the parties mutually agree as follows:
1. That unless specifically stated to be amended by this Amendment, all
terms and provisions of the original Agreement to Sell and Purchase Real Estate shall
remain unchanged and in full force and affect.
2. That paragraph numbered I of the August 10, 2007, Agreement to Sell and
Purchase Real Estate is hereby deleted and replaced in its entirety as follows:
41. Seller shall sell and Purchaser shall purchase, subject to the
terms and conditions herein, 9.496 acres, more or less, (the "Property")
consisting of a part of Lot 9 in the Midwest Industrial Park located in
Wayne County, Indiana. The boundaries and legal description of the
subject property of 9.496 acres, more or less, from a survey by a certified
land surveyor obtained by Seller at Seller's expense, is more particularly
described in the description for Economic Development Corporation,
which is attached hereto and incorporated herein by reference as Exhibit
A."
3. That this agreement may be executed simultaneously and in any number
of counterparts, each of which shall be deemed an original, but all of which when taken
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Purchaser and Seller have caused this First
Amendment to Purchase Agreement to be executed by their duly authorized
representatives on the date set forth next to their respective signatures below.
Amendment No. I to Contract No. 79-2007
Date:
Date: f'f,�l�'�l
APPROVED BY:
THE CITY OF RICHMOND, INDIANA
ACTING BY AND THROUGH ITS
"PURCHASER"
DANIEL D. STAMPER, d/b/a
THOR CONSTRUCTION COMPANY
By:? z -t�, -!-,
Daniel D. Stamper
"SELLER"
THE ECONOMIC DEVELOPMENT
CORPORATION OF WAYNE COUNTY,
By: sk-1) Lit
Jqknes W. Dinkle, President & CEO
BOARDS OF PUBLIC WORKS & SAFETY
By:
Its:
Date:
APPROVED BY•
Mayor Sally Hutt n
Date: 1P,2- 4' -Z� 7
2
DESCRIPTION
For
Economic Development Corporation
9.496 Acre Tract
Situated in the Northwest Quarter of Section Ten (10), Township Sixteen (16) North, Range Fourteen (14)
East, City of Richmond, Center Township, Wayne County, Indiana, being part of a 238.420 acre tract,
which includes Lot 9 of Midwest Industrial Park, described in Instrument Number 1998019805, in the office
of the Wayne County Recorder, and being more particularly described as follows:
Commencing at a coppetweld found at the northeast corner of said Northwest Quarter,
thence South 89°27'46" West 1163.68 feet along the north line of said quarter, to a point on a curve,
non -tangent, concave southeastwardly, and having a radius of 940.00 feet;
thence southwestwardly along said curve, to the left, also being the southeastwardly right-of-way of
Industries Road, through a central angle of 0702609", an arc distance of 121.72 feet, to an iron pin set at
the True Point of Beginning for the tract herein described, the chord for said curve bears South 33054'59"
West 121.63 feet;
thence South 63022'35" East 800.00 feet along a new division line to an iron pin set;
thence South 00051'56" East 507.27 feet along a new division line to an iron pin set, witness an iron pin
set North 00051'56" West 91.57 feet, and witness an iron pin set North 63022'35" West 239.88 feet;
thence North 631122'35" West 1036.86 feet along a new division line to an iron pin set;
thence North 26045'04" East 391.98 feet along the southeastwardly right-of-way of Industries Road, to an
iron pin set, at the beginning of a curve, non -tangent, concave southeastwardly, and having a radius of
940.00 feet;
thence nouheastwardly along said curve, to the right, also being said right-of-way, through a central angle
of 0303220 an arc distance of 58.06 feet, (the chord for said curve bears North 28026'15" East 58.05
feet), to the point of beginning, containing 9.496 acres, more or less, being subject to any legal
easements of record.
Reserving, however, the rights to two (02) Temporary Drainage Easements for the maintenance of the
existing drainage ditch. Said easements are shown on Kramer & Associates Drawing D-1660 dated
August 31, 2007. City plans indicate a potential reroute of the ditch in the future. If this occurs the
temporary easements will be terminated and reconfigured, if necessary, to fit the new alignment.
Bearings are based upon the west line of the Northwest Quarter of Section Ten (10), Township Sixteen
(16) North, Range Fourteen (14) East being North 00051'56" West per a survey by Douglas E. Kramer,
Registered Land Surveyor #SO413, dated 4-4-96, Kramer & Associates drawing E-150.
Iron pins set are 518 inch by 30 inch reinforcing rods, with aluminum caps stamped
"KRAMER IN FIRM 0072
Surveyed and prepared by Bradley J. Kramer, Registered Land Surveyor #20100020, on August 31,
2007 as shown on Drawing D-1660 by Kramer & Associates, located at 101 North Barron Street, Eaton,
Ohio, and 410 South "D" Street, Richmond, Indiana.
Alteration of this legal description will render it non -compliant with Indiana Administrative Code,
Title 865, Article 1, Rule 12.
Bradley J. Kramer
Registered Land Surveyor #20100020