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Home My WebLink AboutFence & Water Line agreementAGREEMENT TO INSTALL FENCE AND WATER LINE THIS AGREEMENT (the "Agreement") is made and entered into by and between Crawford Development, LLC, an Indiana limited liability company ("Crawford") and William R. Johnson ("Johnson"), and is signed on the dates indicated below, WITNESSETH: WHEREAS, Crawford is the contract purchaser of the real estate described in what is attached he..reto and incorporated herein by reference as Exhibit "A" ("Parcel 1"); WHEREAS, Crawford has filed an application, with the Cannel-Clay Plan Commission, to change the zoning of Parcel 1, which application is pending under Docket Number 04-01- 0024Z; WHEREAS, Johnson and his wife are the owners of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "B" ("Parcel 2"); WHEREAS, Johnson's residence (the "Residence") is located on Parcel 2, and the water to the Residence is serviced by a well (the "Well") located upon Parcel 2; WHEREAS, on the terms and conditions which follow, Crawford has agreed (i) to install a fence at or near the boundary line separating Parcel 1 and Parcel 2 and (ii) install a water line from Parcel 1 and connecting to the Residence. NOW, THEREFORE, in consideration of the foregoing preambles and recitations, it is acknowledged and agreed as follows: 1. Upon the cleating and grubbing of Parcel 1, Crawford shall cause to be installed a three board split rail fence without mesh, an illustration of which is attached hereto and incorporated herein by reference as Exhibit "C" (the "Fence"), in the location specified on the drawing attached hereto and incorporated herein by reference as Exhibit "D". The highest of the three (3) horizontal rails of the Fence shall be approximately four (4) feet above grade; 2. Installation of Water Line. When on-site water mains and laterals are installed upon Parcel 1, Crawford shall cause to be extended a water line, north from Parcel 1 to Parcel 2, and connecting to the Residence at a point adjacent to the Well. Regarding the installation of such water line, the parties further agree as follows: (a) Crawford shall pay the availability and connection fees assessed in order to make water available to the Residence on; (b) Within seven (7) days after payment of such water availability and connection fees, Johnson shall pay to Crawford the sum of One Thousand Dollars ($1,000.00); (c) Crawford, at its expense, shall (i) mn the water line north from Parcel 1 and across Parcel 2 to the Residence and (ii) actually connect the water line to the Residence turnkey, at a place adjacent to the Well, at a time prior to the obtaining of the first certificate of occupancy for the first townhome residence located on Parcel 1; and (d) Any subsequent abandoning and capping of the Well shall be the Johnsons' obligation and expense. 3. Effective Date. This Agreement, and the obligations of the parties under this Agreement, shall not be effective until the occurrence of all of the following, and shall be null and void absent the occurrence of all of the following: (a) The acquisition by Crawford of Parcel 1; (b) The enactment of a PUD Ordinance rezoning the real estate as requested under Docket No. 04-01-0024Z; and (c) The commencement of development of the real estate by Crawford or its successor or assign. CRAWFORD DEVELOPMENT, LLC By: Jf~-~-d J ~ David Klain, Member Date: /-{-/'~ -70° t/ Date' ¢)/~2-O o clx" _ H:XJanet\KlainXFence-Water Line GR.doc EXHIBIT "A" Begin at a point 66.0 feet west and 475.0 feet south of the Northwest comer of the East Half of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, thence east 727 feet to an iron stake in the fence, said point being 475.9 feet south of the North line of said Southwest Quarter, thence south on and along a fence line. 302.0 feet to an iron stake, thence westerly 729.4 feet to a point, with the intersection of a line 66.0 feet west of the west line of said East Haiti thence northerly on and along said line 296.4 feet to place of beginning. Containing 5.0 acres more or less including the center of the Road. EXHIBIT "B" Part of the southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows:- Beginning at the Northeast comer of the West Half of the Southwest quarter of Section 36, Township 18 north, Range 3 East; thence South 89 degrees 15 minutes 52 seconds West (assumed beating) on and along the North line thereof 66.23 feet to its intersection with the prolongation North of the centerline of College Avenue; thence South 00 degrees 00 minutes 00 seconds on and along said'eenterline 125.00 feet to the Tree Beginning Point of this description; thence South 00 degrees 00 minutes 00 seconds on and along said centerline 350.00 feet; thence North 89 degrees 15 minutes 52 seconds East parallel with the North line of said Southwest Quarter 494.63 feet to the approximate centerline of Cannel Creek; thence North 04 degrees 17 minutes 28 seconds West 188.24 feet to a point in said centerline; thence North 61 degrees 18 minutes 57 seconds West 139.34 feet to a point in said centerline; thence North 43 degrees 47 minutes 32 seconds West 93.52 feet to a point in said centerline; thence North 85 degrees 47 minutes 46 seconds West 294.34 feet to the Beginning Point. 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