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HomeMy WebLinkAboutCC-03-02-15-02 Granting Waiver for a Private Street (Walnut Creek Dr) to be improved SPONSOR(s): Councilors Snyder Rider RESOLUTION CC 03-02-15-03 FORMERLY CC-11-17-14-01 AS AMENDED 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: 16-09-25-16-05- 004.000, located at 130 First Avenue SW, and further described on Exhibit A attached hereto (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 transfer of property between WHEREAS, Indiana Code Section 36-1-11-8 authorizes the tr p P Y 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: a. The transfer of the Property shall be by warranty deed and the City shall execute all other usual and customary conveyance documents; and Version A—2/24/15 —Land Use,Annexation, and Economic Development Committee This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney, on February 26, 2015 at 2:30 p.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SPONSOR(s): Councilors Snyder Rider 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 CRC will inform potential buyers that the Fireman's Museum building located on the property is not to be altered in any way, and at the time of closing will revert to City ownership. 5. 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 Paragraph 2.b. [Signature page follows] Version A—2/24/15 —Land Use, Annexation, and Economic Development Committee This Resolution was prepared by Jon Oberlander, Carmel Assistant City Attorney, on February 26,2015 at 2:30 p.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SPONSOR(s): Councilors Snyder Rider SO RESOLVED by the Common Council of the City of Carmel, Indiana, this "d day of `�pn cJ , 2015,by a vote of to ayes and 0 nays. 11 COMMON COUNCIL FOR THE C TY OF CARME P esiding Officer Kevin D. Rider r ® £ 4JLLQC Richard L. Sharp, President Pro Tempore Carol Schleif IP N 6 + Pr P 5e r`�` ,4 C,.,,. / . _ Ronald E. Carter W. Eric Sei.-nsticker frif - Sue :am r • / uci . der . 1 r ATTEST: /I / A6-e-a Diana L. Cordray, IAMC, Clerk-Tre sy er he Presented by me to the Mayor of the City of Carmel, Indiana this 3 day of YY1 2015, at )0:Z9 fF.M. Diana L. Cordray, IAMC, Clerk-Tres s er Approved by me, Mayor of the City of Carmel, Indiana, this 4 day of Nirn 2015, at l O:a5 A.M. J es Brainard, Mayor ATTEST:4,4).3(i Diana L. Cordray, IAMC, Clerk-Tree This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney, on February 26,2015 at 2:30 p.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SPONSOR(s): Councilors Snyder Rider EXHIBIT A Begin 32 rods 7 feet 1 inch south and 24 rods 1 feet 6 inches west of the northeast corner of the southeast quarter of section 25 township 18 north range 3 east in Hamilton County, Indiana and run south 218 feet, thence west 165 feet, thence north 218 feet, thence east 165 feet to the place of beginning. i h This Resolution was prepared by Jon Oberlander,Carmel Assistant City Attorney, on February 26, 2015 at 2:30 p.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.