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HomeMy Public PortalAbout079-2008 Sanitary - Fiedor - SS hookupAGREEMENT THIS AGREEMENT made this _27th day of May , 2008 by and between the RICHMOND SANITARY DISTRICT of Richmond, Indiana, (hereinafter "DISTRICT") and John P. Fiedor and Winifred B. Fiedor, (hereinafter "OWNERS") of the premises known as 2905 Straightline Pike, Richmond, Indiana, 47374, Wayne County Indiana, and more particularly described as follows: PT NW SEC 16-13-1 containing 2.36Acres WITNESSETH THAT: WHEREAS, the District owns and operates a sanitary sewer, which sewer is depicted on a certain map, which map is hereto attached and called Exhibit "A"; and, WHEREAS, Owners own land and improvements on such land which adjoins or abuts the land through which passes the above said sanitary sewer; and, WHEREAS, the land owned by Owners is outside the incorporated area of the City of Richmond, Indiana, and also said land is outside the land included in the Richmond Sanitary District of Richmond, Indiana; and, WHEREAS, the authority and conditions under which Owners and District may enter into a contract to permit owner to connect to a sewer owned by the District are set out in I.C. 36-9-25-14. NOW, THEREFORE in consideration of $1.00 and other valuable consideration by each party hereto paid to the other party, receipt of which by each party from the other party is hereby acknowledged and in consideration of the covenants, hereinafter set out, agreed to be kept by the respective parties as indicated in such covenants, it is hereby agreed as follows: 1. That this agreement shall be in full force and effect from the date of "connection" of the sewer of Owners to the sewer of District. Contract No. 79-2008 2. That the Owners after connection shall be permitted to discharge, into the sewer of the District, only such effluent as is permissible under the rules and regulations of the Richmond Sanitary District of the City of Richmond, Indiana, or as provided by Ordinances of said City of Richmond, subject to such rules and regulation of the United States Government and the State of Indiana, as may be applicable. 3. That Owner shall be liable for the construction and maintenance of any sewer connecting to the Sewer of District which serves land owned by Owner and that Owner will construct and maintain said Owners' sewer in accordance with the stipulations prescribed by the District, including, but not limited to, size of pipe, type of connection, clean out openings, inspection of connection before backfilling, and resurfacing of area used for laying of sewer. 4. The District will receive and treat all effluent discharged by Owners into said sewer owned by District, as long as Owners comply with all terms of this agreement. 5. That this agreement shall run with the real estate; shall be recorded at Owners' expense in the office of the Wayne County Recorder; shall be certified by the District to the Wayne County Auditor; shall be placed on the tax rolls of Wayne County; and shall be binding upon Owners, their personal representative, heirs, devisees, grantees, successors, and assigns as set out I.C. 36-9-25-14. 6. That Owners, or any person who occupies such property, agrees for themselves, their executors, administrators, heirs, devisees, grantees, successors and assigns that they will: A. neither object to nor file a remonstrance against the proposed annexation of the property by the City of Richmond within the boundaries of the district; B. not appeal from an order or a judgment annexing the property to a City of Richmond; and C. not file a complaint or an action against annexation proceedings. 7. That the Owners shall pay upon the execution of this agreement the sum of Fifty Dollars ($50.00) as a connection charge, receipt of which by the execution hereof by District is hereby acknowledged. 8. That the user charge to be paid monthly by Owner for the privilege of discharging effluent into the sewer of District shall be for an metered residential customer, which charge as set out in section five (5) hereof shall be added to the tax on the real estate (land) which is the subject of this agreement. 9. That Owners shall not permit any other person or persons, corporation, partnership or owner to connect to the sewer owned and constructed under the terms of this agreement or to discharge effluent into such sewer owned by Owners; it is further mutually agreed and understood by the parties that this agreement shall permit the discharge by Owners into the sewer owned by the District of domestic sewerage only. It is mutually agreed and understood by the parties hereto that this agreement is for the purpose of servicing a one family dwelling, which dwelling shall be inhabited by only one family. It is further understood and agreed that should this section of this agreement not be kept by Owners that District may, at its option, cease receiving effluent from said sewer of Owners without notice. 10. That upon the real estate (land) subject of this agreement being annexed to the City of Richmond, Indiana, that this agreement shall automatically terminate on or before the 30th day after said annexation shall be in effect, and at that time District shall cause such termination to be recorded in the office of the Wayne County Recorder and the Wayne County Auditor. BOARD OF SANITARY COMMISSIONERS of the Richmond Sanitary District of Richmond, Indiana S/S Richard Bodiker Richard Bodiker, President S/S Gil Klose Gilbert Klose, Vice President S/S Greg Stiens Greg Stiens, Member S/S Sarah L. Hutton Sarah L. Hutton, Mayor 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 prepared by: Walter S. Chidester, City Attorney, 50 North 5tn Street, Richmond, IN 47374 OWNERS S/S John P. Fiedor John P. Fiedor S/S Winifred B. Fiedor Winifred B. Fiedor STATE OF INDIANA, COUNTY OF WAYNE, S S : SWORN BEFORE ME THIS _10tn day of _July , 2008 S/S Valerie Denise Johnson Notary Public Residing in Wayne County, Indiana MY COMMISSION EXPIRES: June 10, 2010