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HomeMy WebLinkAboutCC-07-07-14-04 Transfer of Real Property/10407 & 10409 Pennsylvania Street/$138,500 Sponsor: Councilor Snyder RESOLUTION NO.—CC-07-07-14-04 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 10407 & 10409 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 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 03-19-14-04;.ind WHEREAS, the sale of the Remainder Property was approved by ther:City of Cannel Redevelopment Commission on April 16, 2014, as Resolution 2014-6, which Resolution is attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Carmel, Indiana as follows: t 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. r Resolved by the Common Council of the City of Carmel, Indiana, this day of 4j1,_, 2014,by a vote of (p ayes and IZ5 nays. COMMON COUNCIL FOR THE CITY OF CARMEL i f I / OPP r(siding Officer Kevin D. Rider C ev,. I� 64,,,,,.? W. Eric Seid sticker, Councr`�''resident Carol Schlei ,� . ,�C 4..) 0 • .nald E. Carter Richard L. harp Sue Finkam uci S •er 0 ATTEST: //' 1 a / , Diana L. Cordray, IAMC, Clerk-Treasur-r Presented by me to the Mayor of the City of Carmel, Indiana this day of , 2014, at 9:I(0 AM. ALc. A6cz ye/ i #/ * r/ Diana L. Cordray, IAMC, Clerk-Treas 1 rr J Approved by me, Mao he City of Carmel, Indiana, this day of__F_____L 32014) at3 _ J es Brainard, Mayor 2:9-5 ATTEST: A ' ■ Diana L. Corday, IAMC, Clerk-Trea 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 12 and 15 feet by parallel lines off the South side of Lot Number 11 and 10 feet by parallel lines off the North side 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 and the North Half of vacated 104th Street lying South of said Lot Number 13, recorded November 16, 1965 in Miscellaneous Record 87, page 100 in the Office of the Recorder of Hamilton County, Indiana, excepting Twenty-five (25) 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. 10407 and 10409 Pennsylvania Street RESOLUTION NO. 2014-6 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 Cannel Redevelopment Commission (the "Commission"), governing body of the City of Cannel 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 Cannel, Indiana (hereinafter, the "City") acquired certain property located at 10407 and 10409 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 Cannel, Indiana, and (iii) the approval and ratification of the sale by any other applicable municipal entity including the City of Cannel 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 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 10407 and 10409 Pennsylvania Street necessary to complete the acquisition, offering and disposition of the Remainder Property as contemplated herein. ADOPTED this I day of April , 2014 CITY OF CARMEL REDEVELOPMENT CT MMISSION A k ZASPI President 0 C Vice President hot- `Plres-cat- Secretary 41. Ct2 -2420 Me', be' ember . ` 10407 and 10409 Pennsylvania Street EXHIBIT A LEGAL DESCRIPTION Land situated in the County of Hamilton, State of Indiana, is described as follows: Lot Number 12 and 15 feet by parallel lines off the South side of Lot Number 11 and 10 feet by parallel lines off the North side 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 and the North Half of vacated 104th Street lying South of said Lot Number 13, recorded November 16, 1965 in Miscellaneous Record 87, page 100 in the Office of the Recorder of Hamilton County, Indiana, excepting Twenty-five (25) feet, taken by parallel lines off the entire west side of the described property. RESOLUTION NO. BPW 03-19-14-04 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 10407 and 10409 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 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. 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 off ' blic Works and Safety By: /fines Brainard, Presiding Officer D.te: it/ WA' -1-1-4/1 Mary A Burk, ert�,b/U e�r Date: � Lori Watsart! ' e ber Datet�� ATTEST: I • Jana L. Cordra IAM Clerk-Treasurer 'Date: 3-/9-/ 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 a Commission Expires: 'Tfi g-//7 C,4v v/_S _ /! Notary Public- Printed County of Residence: /�9/2)4(.Td/1) ----- • 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 12 and 15 feet by parallel lines off the South side of Lot Number 11 and 10 feet by parallel lines off the North side 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 and the North Half of vacated 104th Street lying South of said Lot Number 13, recorded November 16, 1965 in Miscellaneous Record 87, page 100 in the Office of the Recorder of Hamilton County,Indiana,excepting Twenty- five (25)feet,taken by parallel lines off the entire west side of the described property.