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Home My WebLink AboutCC-10-06-14-06 Transfer of Property; 3rd/4th Avenue SW to the CRC SPONSORS: Councilor Finkam Councilor Rider Councilor Snyder RESOLUTION CC-10-06-14-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, REGARDING AN INTERGOVERNMENTAL TRANSFER OF REAL PROPERTY INTEREST WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council") is the fiscal body for the City of Carmel, Indiana(the "City"); and WHEREAS, the City of Carmel Redevelopment Commission (the "CRC") is a governmental entity created and authorized to administer certain redevelopment activities within the City; and WHEREAS, the City owns certain property known as Tax Parcel Number: 16-09-25-04-05- 006.000 further described on Exhibit A attached hereto and incorporated herein, and a .908 acre parcel which is excess right of way and which does not have a Tax Parcel Number (the `Excess Right of Way") further described on Exhibit B attached hereto and incorporated herein, generally located at 3rd/4th Avenue SW(collectively the "Property"); and WHEREAS, the City has determined that it is now in the best interests of the CRC and the City to transfer the Property to the CRC under the terms and conditions set forth herein, as authorized by Indiana Code 36-7-14-12.2 and other applicable law; and WHEREAS, the CRC has determined that it is now in the best interests of the CRC to acquire the Property under the terms and conditions set forth herein, as authorized by Indiana Code 36-7-14-12.2 and other applicable law; and WHEREAS, Indiana Code Section 36-1-11-8 authorizes the transfer of property between governmental entities upon terms and conditions agreed upon by the entities, as evidenced by the adoption of a substantially identical resolution by each entity. NOW, THEREFORE, BE IT HEREBY RESOLVED AND AGREED BY THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA,AS FOLLOWS: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. The City will transfer the Property to the CRC subject to the following provisions: This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney,on September 25,2014 at 10:04 a.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:1 Users labennett\AppData\Loca1\Microsof\Windows\Temporary Internet Files\Content.Outlook\VAQ3KNT5\Resolution CC-10-06-14-06 Regarding transfer of property from City to CRC Final(2).docx 9/25/2014 2:16 PM SPONSORS: Councilor Finkam Councilor Rider Councilor Snyder a. The transfer of the Property shall be by warranty deed for Tax Parcel Number 16-09-25- 04-05-006.000 and by quitclaim deed for the Excess Right of Way and the City shall execute all other usual and customary conveyance documents; and b. The purchase price of the Property shall be mutually agreed upon by the City and CRC upon approval of the Common Council. 3. The parties shall take all steps necessary to effect the transfer of the Property from the City to the CRC as provided herein. Such transfer shall take place at a time and date mutually agreed upon by the City and the CRC. 4. The Common Council hereby designates Steve Engelking, Director of the Department of Administration for the City of Carmel, Indiana, as its agent for purposes of completing the transfer of the Property. Steve Engelking is hereby authorized to execute all documents required in connection with the transfer of the Property pursuant to this Resolution and to take all other lawful actions necessary to complete the transfer of the Property as contemplated herein subject to the terms of 2.b. [Signature page follows] Resolution CC-10-06-14-06 Page Two of Three This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney,on September 25,2014 at 10:04 a.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\abennett\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\AQ3KNP5\Resolution CC-10-06-14-06 Regarding transfer of property from City to CRC Final(2).docx 9/25/20142:16 PM SPONSORS: Councilor Finkam Councilor Rider Councilor Snyder SO RESOLVED by the Common Council of the City of Carmel, Indiana, this � ` day of 0(.1. QrtA , 2014,by a vote of 7 ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL /-or_ P Presi s'�g Officer Kevin D. Rider W. Eric Sei.ensticker,Presilent Pro Tempore Carol Schl--'. - E. Carter Richard . Sharp r ice`, ,� imp ,__. ink. 5j- nyder U ATTEST dir Diana L. Cordray, IAMC, Clerk-Treat rer Presented by me to the Mayor of the City of Carmel, Indiana this 7 day of (J( gth. , 2014, at 9'00 .M. 1)--"444) A -/ i' Diana L. Cordray, IAMC, Clerk-Tre surer Approved by me, the Mayor of the City of Carmel, Indiana, this 1( day of Od , 2014, at 3:1S— P .M. J es Brainar ,Mayor ATTEST: i - i i/ g. ; Diana L. Cordray, IAMC, Clerk-Treasur,'r Resolution CC-10-06-14-06 Page Two of Three This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney,on September 25, 2014 at 10:04 a.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\UserslabennettWppData LocaltMicrosoft\Windows\Temporary Internet Files\Content.Outlook\VAQ3KNT5\Resolution CC-I0-06-14-06 Regarding transfer of property from City to CRC Final(2).docx 9/25/2014 2:16 PM SPONSORS: Councilor Finkam Councilor Rider Councilor Snyder EXHIBIT "A" PARCEL 1 16-09-25-04-05-006.000 Part of the East Half of the Southeast'Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County,Indiana,more particularly described as follows: Beginning 488.2 feet East and 732.44 feet South of the Northwest corner of the East Half of the Southeast Quarter of said Section 25,Township 18 North,Range 3 East,said point being on the West right-of-way line of the Monon Railroad, run South'along said right-of-way line 536.70 feet to a large post (now an iron pipe); thence West(making an interior angle of 88 degrees 28 minutes 30 seconds)along a fence line 163.00 feet to an iron stake;thence north(making an interior angle of 91 degrees 31 minutes 30 seconds)parallel with said right- of-way line 532.00 feet to an iron stake; thence East (making an interior angle of 90 degrees 07 minutes 30 seconds)parallel with the North line of said Quarter Section 163.0 feet(162.94 feet measured) to the place of beginning. This said North line is the'South line of an unnamed 40 foot street(now 2nd Street Southwest) running East and west. Containing 2.0 acres,more or less. This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney,on September 25,2014 at 10:04 a.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\abemrett\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\VAQ3KNT5\Resolution CC-10-06-14-06 Regarding transfer of property from City to CRC Final(2).docx 9/25/2014 2:16 PM SPONSORS: Councilor Finkam Councilor Rider Councilor Snyder PACE 1 of 2 EXHIBIT'S' 3RD/4TH AVENUE REMAINDER PARCEL (incl.a portion of 3rd Ave.SW Right-of-Way) Part of the Southeast Quarter Section 25,Township 18 North,Range 3 East in the Hamilton County, Indiana,more particularly described as follows: Commenting at a point an the West line of the East Half of said Southeast Quarter Section, said point being a distance of 732.44 feet South of the Northwest corner thereof,sold point also being the intersection of the East line of 4th Avenue S.W. and the South line of 2nd Street S.W. in the Town of Carmel; Thence North 89 degrees 09 minutes 00 seconds East(assumed bearing per Deed Record 324, page 389 of the records on file in the Office of the Hamilton County Recorder), along the South line of 2nd Street S.W., a distance of 9.00 feet; Thence South 00 degrees 18 minutes 00 seconds West 5.00 feet to the PLACE OF BEGINNING; Thence North 89 degrees 09 minutes 00 seconds East a distance of 165.74 feet to the East line of 3rd Avenue S.W.(per Instrument Na 2005-0047172); Thence South 00 degrees 57 minutes 31 seconds West,along said East line,a distance of 376.67 feet to a point on o curve; Thence Northwesterly 57.58 feet, along o curve to the left, having a radius of 290.00 feet and subtended by a chord bearing North 26 degrees 20 minutes 36 seconds West 57.49 feet; Thence North 33 degrees 35 minutes 37 seconds West a distance of 183.39 feet to a point on a curve; Thence Northwesterly 121.32 feet along a curve to the right,having a radius of 215.00 feet and subtended by a long chord having a bearing of North 15 degrees 51 minutes 57 seconds West and a length of 119.72 feet; Thence North 00 • degrees 18 minutes 00 seconds East a distance of 54.72 feet to The PLACE OF BEGINNING. CONTAINING 0.908 ACRES(39,544 SQUARE FEET)more or less,including 0.366 Acres(more or less)of right—of—way for 3rd Avenue SW, and being subject to any other rights of way,easements or restrictions of record or observable. I, Trent E.Newport, a Registered Land Surveyor In the State of Indiana, do herby certify that the above description was prepared under my direct supervision on February 14,2007 from the orignal deed records of the property desclbed. No field work was performed and therefore, this description is subject to any overlaps,gaps, or inconsistencies that a field survey might reveal. (4E. H tco srot. 0.4 TRENT E.NEWPORT No. 29600021 ( INDIANA LAND SURVEYOR Sum y NO.LS 29600021 1 PREPARED 8Y: 1410 SU 4116 CROSSROAD ENGINEERS.PC 5rin,gortatlae k nace,opmanL CoosuUaeL+ »saramoC-ma.;sm This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney, on September 25,2014 at 10:04 a.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\UserstabennetttAppData Local\Microsoft\Windows\Temporary Internet Files\Con tentOutlook\VAQ3KNT5\Resolution CC-10-06-14-06 Regarding transfer of property from City to CRC Finial(2).docx 9/25/2014 2:16 PM SPONSORS: Councilor Finkam Councilor Rider Councilor Snyder PAGE 2 of 2 EXHIBIT'B' 3RD/4TH AVENUE REMAINDER PARCEL PREPARED BY: (incl.a portion of 3rd Ave.SW Right-of-Way) N0015.001 302.34' 1 I Nolco This plot wos prepored ue ng informot',on obtained from county ; '� records. It does not represent o CROSSROAD ' ARC=112,20' 1 survey of the owner's property. ENGINEEft5,PC r Dimensions shm+n otonq existing Transporlatiou i R=350.00' property lines ore token from the CHORD=S80't2'S8`Y! below listed record documents. ,zb,".m°ae;Casinitn�; LENGTH= 111,72' co t ^ 00 ` ` 1 U 100 200 I � .. Nu nt MOM 1111111111111111111111.1•11 I ' o i i w Cl CURVE DATA JO,I1%I$QQi1S ADDI11ON ti ARa57sr " Ra29000 PB r2 pgs.26-23 I° CHCRD.N26.0'36'W ry LENGTH.57.49' - ' tre 7 6A rA i N00'18'00"E 200,00' I I U ARa12t.32' _ / EAST LINE 1 15,-; R=Zts.00' --—--— qTH AVE, S.W. t i N �CNORD•N1531'S7 w ARC=161.83' a_ II LENGTH.119.72' R=285.02' 4;,° V o ' CHORD4115'45'53'V1 'a¢ PLACE OF LS 1 ARC=119.94' LENGTH= 159.67' rig BEGINNING -I I R=210.00' 1 r� J _ „_A. r,' t CHORD=N15'40'11`Y! �1 \\\\o N89'09'00'E 9.00 i o 1 NGTH= 118.31' 1 N0011r�E 4th AVE. SAY ff.< l.-1 heal Una al the'test — of SE 1/� I 1C N.l�11 1 ■ — \k�°a.'' \\ \. \��:l'� //�r� m 7-32-.44 \ NOTIVOTTE / .. I RI \\ 4.7 5.00 5' N00'41'30`E '9 EXCESS R/15=/ m" r.> WAR' --- ST 0.908 Ac. t. /„� ° 1/4, SEC. 25 _ONVIN0x. �t�` ‘,,,. 0 4ta axe kt of 3rd Ave sr e/1011 TM, R3E t,4 + •2 "=-(!I SOUTH UNE S89 24'00"Y! 3rd AVE. SW VYrST UNE 3RD AVE. S w, ' -1 I um ST.s.w. 13.00' / / s00'SY3rw 376.67' �! PROPOSED SOUTN LL'E 'CAST LINE 3RD AVE. S.V1. I inst.}7O5-004717z , 2ND SL S.W. OVrNER: CITY OF CARMEL DRAWN BY: _ `IAN, _ _ DATED?14-2OD7 1 PARCEL: __1 --_�_ CHECKED BY: _ TEN _ DATED 2-14-2007__ PROJECT: _ _ NEW R FOR REMAINDER PARCEL INCLUDING CODE: �� N/A-- _____ 3RD AVE SW/4TH AVE SW NA A PART OF 3RD AVE SW ROAD: 3RD/4TH AVENUE EXISUNG R/w COUNTY: , _ FAIAIJ,iQ ____.._ INST. #2007-002529 DATED 1_1127[X)71 SECTION: __________.K?_,� DEED RECORD __.....-. PAGE __�. DATED TOWNSHIP: 1ON RANG... .-�____.�5i�.____-�- - p peas ns:bon etc Item the acre tisred Record Decumorrs ■ E - 25,2014 at 10:04 a.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Userslabenne tt\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conten[.Outlook\VAQ3KNT5\Resolution CC-10-06-14-06 Regarding transfer of property from City to CRC Final(2).docx 9/25/2014 2:16 PM