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Home My WebLink AboutCC-04-21-14-06 Transfer of Real Property/301 Mallard Court/$74,950 SPONSOR: Councilor Snyder RESOLUTION NO. CC-04-21-14-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING TRANSFER OF REAL PROPERTY TO THIRD PARTY WHEREAS, the City of Carmel, Indiana (hereinafter, the "City") acquired certain property commonly known as 301 Mallard Court, Carmel, Indiana(the"Property") for the purpose of expanding Illinois Street; and WHEREAS, only a portion of the Property is necessary for the right-of-way for the Illinois Street expansion (the "Right-of-Way Area"); and WHEREAS, the Property excluding the Right-of-Way Area (the "Remainder Property") is not needed for any other public purpose; and WHEREAS, the legal description of the Remainder Property is set forth on Exhibit A attached hereto; and WHEREAS, the sale of the Remainder Property was approved by the City's Board of Public Works & Safety ("BPW") on March 19, 2014, as Resolution No. BPW 03-19-14-03. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Carmel, Indiana as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The Common Council hereby approves the sale of the Remainder Property which shall be sold pursuant to I.C. 36-1-11-4. 3. The purchase price for the Remainder Property shall not be less than Seventy-Four Thousand Nine Hundred Fifty and 00/100 Dollars($74,950.00)adjusted by reasonable and customary closing costs and other expenses incurred by the City as result of such sale. 4. The Common Council hereby approves the BPW designation of Steve Engelking, Director of the Department of Administration for the City of Carmel, Indiana, as its agent for purposes of completing the disposition of the Remaining Property. Steve Engelking is hereby authorized to execute all documents required in connection with the disposition of the Remainder Property pursuant to this Resolution and to take all other lawful actions necessary to complete the acquisition, offering and disposition of the Remainder Property as contemplated herein. 301 Mallard Court Page 1 of 3 This resolution was prepared by Tammy K. Haney, Attorney, Keller Macaluso LLC. SPONSOR: Councilor Snyder Resolved by the Common Council of the City of Carmel, Indiana, this a l day of 2014, by a vote of 7 ayes and a nays. COMMON COUNCIL FOR THE CITY OF CARMEL f-- Presiding Officer Kevin D. Rider Lk) 41/0 Ne1 W. Eric Seidensticker, Presid—t Pro Tempore Carol Schle' I ) e. o: E. Carter Richard. Sharp , inkam/ Luc' . yder ATTEST: Diana L. Cordray, IAMC, Clerk-Treas /r oto.uiresented by me to the Mayor of the City of Carmel, Indiana this oZ a day of , 2014, atla:a8 Pjvl. Diana L. Cordray, IAMC, Clerk-Tr asurer • Approved by me, Mayor of the City of Carmel, Indiana, this o2g da of to� , 2014, a 7S £M. r Ames t, Brainard, Mayor ATTEST: I 6z.d_ty..11 Diana L. Corday, IAMC, Clerk-Treasurer 301 Mallard Court Page 2 of 3 This resolution was prepared by Tammy K. Haney, Attorney, Keller Macaluso LLC. SPONSOR: Councilor Snyder EXHIBIT A LEGAL DESCRIPTION Land situated in the County of Hamilton, State of Indiana, is described as follows: Lot 29 in Spring Lake Estates, an Addition in Hamilton County, Indiana, as per plat thereof recorded in Plat Cabinet 1, Slide 446, as Instrument No. 94-33343, in the Office of the Recorder of Hamilton County, Indiana, excepting therefrom: Beginning at the southeast corner of said Lot 29; thence South 88 degrees 45 minutes 11 seconds West (bearing assumed) 36.44 feet along the south line of said Lot to point designated"330"on said Plat; thence Northerly 48.07 feet along an arc to the left having a radius of 729.00 feet and subtended by a long chord having a bearing of North 1 degree 45 minutes 17 seconds East and a length of 48.06 feet to point designated "331" on said Plat; thence North 0 degrees 08 minutes 03 seconds West 136.08 feet to the north line of said Lot and point designated "332" on said Plat; thence North 85 degrees 40 minutes 43 seconds East 34.93 feet along said north line to the northeast corner of said Lot; thence South 0 degrees 08 minutes 24 seconds East 185.95 feet along the east line of said Lot to the point of beginning and containing 6472 square feet, more or less. 301 Mallard Court Page 3 of 3 This resolution was prepared by Tammy K. Haney, Attorney, Keller Macaluso LLC. 301 Mallard Court RESOLUTION NO. BPW 03-19-14-03 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, REGARDING THE THIRD PARTY TRANSFER OF REAL PROPERTY WHEREAS, the City of Carmel, Indiana (hereinafter, the "City") acquired certain property commonly known as 301 Mallard Court, Carmel, Indiana (the "Property") for the purpose of expanding Illinois Street; and WHEREAS, only a portion of the Property is necessary for the right-of-way for the Illinois Street expansion (the "Right-of-Way Area"); and • WHEREAS, the Property excluding the Right-of-Way Area (the "Remainder Property") is not needed for any other public purpose; and WHEREAS, the legal description of the Remainder Property is set forth on Exhibit A attached hereto; and NOW, THEREFORE, BE IT RESOLVED, that the City of Carmel, Board of Public Works and Safety ("BPW") hereby makes the following findings: 1. The foregoing Recitals are incorporated herein by this reference. 2. Upon approval of the sale of the Remainder Property by the Common Council of the City of Carmel, Indiana, the Remainder Property shall be sold pursuant to I.C. 36-1-11-4. 3. The purchase price for the Remainder Property shall not be less than Seventy-Four Thousand Nine Hundred and Fifty and 00/100 Dollars ($74,950.00)adjusted by reasonable and customary closing costs and other expenses incurred by the City as result of such sale. 4. The BPW hereby designates Steve Engelking, Director of the Department of Administration for the City of Carmel, Indiana, as its agent for purposes of completing the disposition of the Remaining Property. Steve Engelking is hereby authorized to execute all documents required in connection with the disposition of the:Remainder Property pursuant to this Resolution and to take all other lawful actions necessary to complete the acquisition, offering and disposition of the Remainder Property as contemplated herein. Resolution of The Board of Public Works and Safety PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this 19th day of March, 2014, by a vote of ayes and b nays. CITY OF CARMEL, INDIANA By and through its Board of P blic Works and Safety By:/ l .mes Brainard, Presiding Officer late: Arm, I Mary A Burke, Member Date: .3'1I p -1 7 Lori WartsofMember Date: ..3! /1 1/4 ATTE : 141.4.2.:ale, ?(D Diana L. Cordra ,151r C, Clerk-Treasurer Date: - STATE OF INDIANA SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mayor James Brainard, Mary Ann Burke, Lori Watson, by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasurer of the City of Carmel, who acknowledged the execution of the foregoing"Resolution" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this 19th day of March, 2014. - - Notary Public Signature - - Commission Expires: /*h i ( 4-411 .40vL5 Notary Public - Printed • County of Residence: 411)//2-0/f) Resolution of The Board of Public Works and Safety EXHIBIT A LEGAL DESCRIPTION Land situated in the County of Hamilton, State of Indiana, is described as follows: Lot 29 in Spring Lake Estates, an Addition in Hamilton County, Indiana, as per plat thereof recorded in Plat Cabinet 1, Slide 446, as Instrument No. 94-33343, in the Office of the Recorder of Hamilton County, Indiana, excepting therefrom: Beginning at the southeast corner of said Lot 29; thence South 88 degrees 45 minutes 11 seconds West (bearing assumed) 36.44 feet along the south line of said Lot to point designated "330" on said Plat; thence Northerly 48.07 feet along an arc to the left having a radius of 729.00 feet and subtended by a long chord having a bearing of North 1 degree 45 minutes 17 seconds East and a length of 48.06 feet to point designated "331" on said Plat; thence North 0 degrees 08 minutes 03 seconds West 136.08 feet to the north line of said Lot and point designated "332" on said Plat; thence North 85 degrees 40 minutes 43 seconds East 34.93 feet along said north line to the northeast corner of said Lot; thence South 0 degrees 08 minutes 24 seconds East 185.95 feet along the east line of said Lot to the point of beginning and containing 6472 square feet, more or less.