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HomeMy WebLinkAboutCC-07-07-14-03 Transfer of Real Property/10401 & 10403 Pennsylvania Street/$138,500 Sponsor: Councilor Snyder RESOLUTION CC-07-07-14-03 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 10401 and 10403 Pennsylvania Street, Carmel, Indiana (the "Property") for the purpose of expanding Pennsylvania Street; and WHEREAS, only a portion of the Property is necessary for the right-of-way for the Pennsylvania 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 diiPExhibit A attached hereto; and `'= e WHEREAS, the sale of the Remainder Property was approved by the City's Board of � Public Works & Safety on March 19, 2014, as Resolution No. BPW 03-19-14-06; and` WHEREAS, the sale of the Remainder Property was approved by the City of Carmel • Redevelopment Commission on April 16, 2014, as Resolution 2014-5, which 1 :olution is attached hereto as Exhibit B. 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 One Hundred Thirty-Eight Thousand Five Hundred and 00/100 Dollars ($138,500.00) 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. Resolved by the Common Council of the City of Cannel, Indiana, this 7 day of _IW//_, 2014,by a vote of (p ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL ....- ..... . ._ATIIIIIr residing Officer z 4 evin D. Rider 4(� 1 A jliik W. Eric S 'densticker, Council President Carol Sch . ` 19_4Z r 4(e nald E. Carter Richard . Sharp J 4/07— Fr'.2.ogf)t .dAv IltitG J At—, —' Sue Finkam Luci . yder w ATTES � � // / Diana L. Cordray, IAMC, Clerk-Trea.•a er Presented by me to the Mayor of the City of Cannel, Indiana this day of 0/ , 2014, at9:I(o I}M. ill ---.. / i. i eA Diana L. Cordray, IAMC, Cler' easurer Approved by me, M or of the City of Cannel, Indiana, this /6.1/2014, at3 / —Eq.. sei ILI,/ J es Brainard, Mayor ATTEST: 3 A-1 • i > >/ Diana L. Corday, IAMC, Clerk-Tr a' er This resolution was prepared by Tammy K.Haney,Attorney, Keller Macaluso LLC. EXHIBIT A LEGAL DESCRIPTION Land situated in the County of Hamilton, State of Indiana, is described as follows: Lot Number 13 in Penn-View Heights, First Section, and the North Half of vacated 104th Street,being 25 feet in width by parallel lines with the South line of Lot Number 13 in Penn-View Heights, First Section an Addition in Hamilton County, Indiana, as per plat thereof,recorded in Deed Record 139, pages 355-356 in the Office of the Recorder of Hamilton County, Indiana. Except 10 feet by parallel lines off the entire North side of Lot Number 13 in Penn-View Heights. Further excepting therefrom Twenty-five feet, taken by parallel lines off the entire west side of the described property. This resolution was prepared by Tammy K.Haney,Attorney,Keller Macaluso LLC. 10401 and 10403 Pennsylvania Street RESOLUTION NO.2014-5 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION RATIFYING AND APPROVING THE SALE OF CERTAIN EXCESS REAL PROPERTY ACQUIRED IN CONNECTION WITH A PUBLIC RIGHT-OF-WAY PROJECT WHEREAS, the City of Carmel Redevelopment Commission (the "Commission"), governing body of the City of Carmel Department of Redevelopment (the "Department"), pursuant to a 2006 Bond for pubic road improvements specifically including Project No. 06-18 (Pennsylvania Street— 103rd to 106th Streets) (the "Project"), has certain rights regarding the real property acquired for the Project; and WHEREAS, as part of the Project, the City of Carmel, Indiana (hereinafter, the "City") acquired certain property located at 10401 and 10403 Pennsylvania Street in Cannel, Indiana (the "Property")for the purpose of expanding Pennsylvania Street; and WHEREAS, only a portion of the Property is necessary for right-of-way for the Pennsylvania 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 City, by and through its Board of Public Works and Safety (the "BPW"), pursuant to Resolution No. 03-19-14-06, which was adopted on March 19, 2014 (the `BPW Resolution"), approved the sale of the Remainder Property subject to (i) certain conditions set forth in the BPW Resolution, (ii) the approval of the sale of the Remainder Property by the Common Council of the City of Carmel, Indiana, and (iii) the approval and ratification of the sale by any other applicable municipal entity including the City of Carmel Redevelopment Authority and/or the Commission. NOW, THEREFORE, BE IT RESOLVED, by the Commission, governing body of the Department, as follows: 1. The sale of the Remainder Property is hereby ratified and approved pursuant to the terms and conditions of the BPW Resolutions. 2. The Commission hereby approves the BPW designation of Steve Engelking, Director of the Department of Administration for the City of Cannel, 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 10401 and 10403 Pennsylvania Street necessary to complete the acquisition, offering and disposition of the Remainder Property as contemplated herein. ADOPTED this {istll day of A piiI , 2014 CITY OF CARMEL REDEVE •OPMENT I OMMISSION W 11 il 00 Ai_ Jili & President OD C e li-Q2-t,(„__\ Vice President hot prt sulk- Secretary Me �-�40 Member 10401 and 10403 Pennsylvania Street EXHIBIT A LEGAL DESCRIPTION Land situated in the County of Hamilton, State of Indiana, is described as follows: Lot Number 13 in Penn-View Heights, First Section, and the North Half of vacated 104th Street,being 25 feet in width by parallel lines with the South line of Lot Number 13 in Penn-View Heights, First Section an Addition in Hamilton County, Indiana, as per plat thereof,recorded in Deed Record 139,pages 355-356 in the Office of the Recorder of Hamilton County, Indiana. Except 10 feet by parallel lines off the entire North side of Lot Number 13 in Penn-View Heights. Further excepting therefrom Twenty-five feet, taken by parallel lines off the entire west side of the described property. • 10401/10403 Pennsylvania St RESOLUTION NO. BPW 03-19-14-06 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 10401 and 10403 Pennsylvania Street, Carmel, Indiana (the "Property") for the purpose of expanding Pennsylvania Street; and WHEREAS, only a portion of the Property is necessary for the right-of-way for the Pennsylvania 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 sale of the Remainder Property shall be conditioned upon any necessary approval and/or ratification of the sale by any other applicable municipal entity including the City of Carmel Redevelopment Authority and/or the City of Carmel Redevelopment Commission. 4. The purchase price for the Remainder Property shall not be less than One Hundred Thirty-Eight Thousand Five Hundred and 00/100 Dollars($138,500.00) adjusted by reasonable and customary closing costs and other expenses incurred by the City as result of such sale. 5. The BPW hereby designates Steve Engelking, Director of the Department of Administration for completing e the City of Carmel, Indiana, as its agent for purpose s of 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. \1 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 nays. CITY OF CARMEL, INDIANA By and through its Board of Pu is Works and Safety By• ames Brainard, Presiding Officer Date: IF ° Mary n Burke, ember Date: Lori Watsorv't ember Date: . 3l!et /!'f • ATTES : Diana L.Cordray, I e- , 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: 7/4-7/7 e • 4,94) AV/.S .• Notary Public- Printed • County of Residence: 79471)11Th/i) \A 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 Number 13 in Penn-View Heights, First Section, and the North Half of vacated 104th Street, being 25 feet in width by parallel lines with the South line of Lot Number 13 in Penn-View Heights, First Section an Addition in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139, pages 355-356 in the Office of the Recorder of Hamilton County, Indiana. Except 10 feet by parallel lines off the entire North side of Lot Number 13 in Penn-View Heights. Further excepting therefrom Twenty-five feet, taken by parallel lines off the entire west side of the described property.