HomeMy WebLinkAboutPurdue/Lynwood Well Site'AGREEMENT
THIS AGREEmeNT, made this 24 day of May
1977, by and between THE CITY OF CARMEL, INDIANA (hereinafter
referred to as "Carmel") and THE TRUSTEES OF PURDUE UNIVERSITY
(hereinafter referred to as "Purdue")
WITNESSETH:
WHEREAS, Carmel wishes to purchase from Purdue a
certain tract of real estate consisting of 160,000 square feet
which was originally part of the Lynnwood Farm, and title ~o
which is held by the State of Indiana for the use and benefit
of Purdue University, for use as a Water well site;
WHEREAS, Purdue is willing to cause said property to
be conveyed to Carmel in accordance with the procedures set
forth in I.C. 1971, §20-12-5-1 et seq. upon certain conditions
and restrictions as hereinafter set forth;
NOW, THEREFORE, for and in consideration of the
premises and the conveyance by Purdue to Carmel of the real
estate aforesaid, the parties.hereby agree as follows:
1. Purdue agrees to cause the following-described
real estate, located in Hamilton County, Indiana:
A parcel of ~and in the Southwest
Quarter of the Southwest Quarter of Sec-
tion 27, Township 18 North, Range 4 East
in Hamilton County, Indiana more parti-
cularly described as follows:
Beginning at the Southwest corner of
Section 27, thence North along the West
line of the Southwest Quarter of Section
27 four ~undred (400.00) feet; thence East
four hundred (400.00) feet and parallel to
the South line of the Southwest Quarter of
Section 27; thence South four hundred
(400.00) feet and parallel to the West line
of the Southwest Quarter of Section 27;
thence West four hundred (400.00) feet along
the South line of the Southwest Quarter of
Section 27 to the point of beginning con-
taining 160,000 square feet, and subject to
any and all existing highways and easements
and restrictions of record.
to be conveyed to Carmel upon the payment by Carmel to Purdue
of the sum of Twenty-two Thousand Thirty-eight Dollars
($22,038.00) and the execution by Carmel of this Agreement.
2. Should Carmel ever cease
as a water well site, Purdue shall have
purchase said real estate within one (1)
to use said real estate
the right and option to
year from the date
said operation ceases for the sum of One'Dollar ($1.00).
3. The real estate shall be used by Carmel for the
construction, use and maintenance of a single water well in
connection with Carmel's water system, together with all neces-
sary structures, equipment and roadways for ingress and egress,
and for no other purpose.
4. All structures and equipment placed on the prop-
erty by Carmel shall first be approved in writing by Purdue.
Carmel shall landscape the property in an attractive manner
and if the adjoining property now owned by the State of
Indiana for the use and benefit of Purdue University is ever
put to other than agricultural use, Carmel shall screen all
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improvements on the~ above real estate in a manner acceptable
to Purdue.
5. Carmel shall maintain the real estate in a clean
and sightly manner.
6. Carmel grants to Purdue the right to farm that
portion of the above real estate which is not reasonably needed
by Carmel for its well site.
7. ~armel shall indemnify and hold Purdue harmless
from any and all claims and damages resulting from the ownership,
occupation, and use of the above site by Carmel. Carmel further
warrants and agrees that its use of the above property as a well
site will not adversely effect the operation of other water wells
in the area.
8. In the event Purdue or its successors in title~-
develops all or any part of the property commonly known as the
Lynnwood Farm, Carmel agrees to provide water to the above real
estate at a cost no greater than the existing acreage development
fee of Five Dollars ($5.00) for one ~housand (1,000) square feet,
for the first one hundred (100) acres so developed.
IN WITNESS WHEREOF, the parties have caused this Agree-
ment to be executed the day and year first above written.
THE TRUSTEES OF PURDUE UNIVERSITY
ATTEST: B~//~'/
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THE CITY OF CARMEL
By ~
.STATE OF INDIANA )
)SS:
TIPPECANOE COUNTY )
Before me, the undersigned, a Notary Public in and for
said State and County, personally appeared THE TRUSTEES OF PURDUE
UNIVERSITY by Mauric~ G. Kn6¥ its President , and
Doris A. Pearson , its .Secretary , and
acknowledged execution of th~ foregoing Agreement.
My Commission expires:
Nondas R. Daigger~ ~ ,
Notary Public
May 12, 1978
STATE OF INDIANA )
)SS:
HAMILTON COUNTY )
Before me, the undersigned, a Notary Public in and for
said State and County, personally appeared THE CITY OF CARMEL by
~l~r~ B. Pickett ~, Owen Kern , and Fred Hohl ,
ltsl~,~vnr ~itv of Carmel,' Citv Attorney , and City Engineer
~ ,' respectively, and acRnowledged execution of the foregoing
Agreement.
My Commission expires:
T~his Agreement was prepared by
STUART, BRANIGIN, RICKS & SCHILLING
By: Thomas R. McCully
~Nd~ry Public
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