HomeMy WebLinkAboutCRC-2015-04 Motor CourtWest RESOLUTION NO. 2015-4
RESOLUTION AUTHORIZING TRANSFER OF PROPERTY FROM THE CITY OF
CARMEL REDEVELOPMENT AUTHORITY TO THE CITY OF CARMEL
REDEVELOPMENT COMMISSION AND RELATED LEASE AMENDMENT
WHEREAS, the City of Carmel Redevelopment Authority (the "Authority") previously
has undertaken the design and construction of a performing arts center project (the "Project") in
the City of Carmel, and issued bonds to finance a portion of the costs of the Project (the
"Bonds");and
WHEREAS, the.Authority, as lessor, entered into a Lease Agreement for the Project site
(the"Leased Premises") dated as of July 12, 2005 (the"Original Lease") with the City of Cannel
Redevelopment Commission (the "Commission"), as lessee, as amended and supplemented by
the Addendum to Lease dated December 6, 2005, and as further amended and supplemented by
the First Amendment to Lease Agreement, dated as of January 19, 2010, and by the Second
Amendment to Lease Agreement, dated as of May 1, 2014 (the Original Lease, as so amended
and supplemented, the "Lease");and
WHEREAS, the Authority and the Commission have determined that the portion of the
Project site described in Exhibit A hereto (the "Property") is not needed for the Project, and the
Authority and the Commission now desire to authorize the transfer of the Property from the
Authority to the Commission for a nominal consideration, and to further amend the LeaSe to
remove the Property from the Leased Premises under the Lease;
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, as follows:
1. The Commission hereby authorizes and approves of the transfer of the Property as
described in Exhibit A hereto from the Authority to the Commission, and the removal of such
Property from the Leased Premises under the Lease. The Commission hereby authorizes the
officers of the Commission to execute and deliver a Third Amendment to Lease Agreement
substantially in the form presented to this meeting.
2. The officers and staff of the Commission are hereby authorized and directed to
take such actions and to execute such documents as they deem necessary or appropriate to
effectuate the transfer of the Property from the Authority to the Commission.
3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this 18th day of March, 2015.
CITY OF CARMEL ' DEVELOPMENT'
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EXHIBIT A
MOTOR COURT WEST DESCRIPTION:
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay
Township, Hamilton County, Indiana, being further defined from elevation 829.50 feet (NGVQ
1929) more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18
North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed bearing)
707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800
acre tract of land granted to the City of Cannel Redevelopment Commission ("Monon Tract")
(recorded as Instrument Number 9909923664 in the Office of the Recorder of Hamilton County,
Indiana); thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern
boundary of said Monon Tract to the northwestern corner of the 0.909-acre tract of land granted
to the City of Cannel Redevelopment Commission ("Tract SB.1") (recorded as Instrument
Number 2011053909 in said Recorder's Office); thence continue South 00 degrees 51 minutes
54 seconds East 150.84 feet along the western line of said Tract 5B.1 to the approximate
westerly extension of the southern edge of an existing parking garage, being the POINT OF
BEGINNING of this description; thence North 89 degrees 59 minutes 31 seconds East 116.08
feet along said extension and said southern line; thence South 00 degrees 51 minutes 54 seconds
East 41.05 feet parallel with the eastern line of said Monon Tract to the southern line of the
0.265-acre tract of land granted to the City of Carmel Redevelopment Commission ("Tract
5B.2") (recorded as Instrument Number 200600039104 in said Recorder's Office); thence North
89 degrees 56 minutes 58 seconds West 116.08 feet to the southwestern corner of said Tract 5B.2
and the eastern line of said Monon Tract; thence North 00 degrees 51 minutes 54 seconds West
40.93 feet along said eastern line and the western lines of said tracts 5B.2 and 5B.1 to the POINT
OF BEGINNING,containing 4,757.4 square feet(0.109 acres), more or less.
EXCEPT:
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay
Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18
North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed bearing)
707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800-
acre tract of land granted to the. City of Cannel Redevelopment Commission ("Monon Tract")
(recorded as Instrument Number 9909923664 in the Office of the Recorder of Hamilton County,
Indiana); thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern
boundary of said Monon Tract to the northwestern corner of the 0.909-acre tract of land granted
to the City of Carmel Redevelopment Commission ("Tract 5B.1") (recorded as Instrument
Number 2011053909 in said Recorder's Office); thence continue South 00 degrees 51 minutes
54 seconds East 156.77 feet along the western line of said Tract 5B.1 to the southwestern corner
thereof, being the northern line of the 0.265-acre tract of land granted to the City of Carmel
Redevelopment Commission ("Tract 5B.2") (recorded as Instrument Number 200600039104 in
said Recorder's Office) and the POINT OF BEGINNING of this description; thence South 89
degrees 56 minutes 58 seconds East 36.08 feet along said northern line to a corner thereof;
thence North 00 degrees 51 minutes 54 seconds West 5.97 feet along a western line of said Tract
5B.2; thence North 89 degrees 59 minutes 31 seconds East 45.00 feet to a western line of said
Tract 5B.2; thence South 00 degrees 51 minutes 54 seconds East 6.01 feet along said western
line to a corner thereof; thence South 89 degrees 56 minutes 58 seconds East 35.00 feet along a
northern line of said Tract 5B.2; thence South 00 degrees 51 minutes 54 seconds East 35.00 feet
parallel with the eastern line of said Monon tract to the southern line of said Tract 5B.2; thence
South 89 degrees 56 minutes 58 seconds West 116.08 feet along the southern line of said Tract
5B.2 to the eastern line of said Monon tract; thence North 00 degrees 51 minutes 54 seconds
West 35.00 feet along said eastern line to the POINT OF BEGINNING, containing 4,331.8
square feet(0.099 acres), more or less.
MOTOR COURT EAST DESCRIPTION:
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay
Township, Hamilton County, Indiana, being further defined from elevation 829.50 feet (NGVD
1929)more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18
North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed bearing)
707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800-
acre tract of land granted to the City of Carmel Redevelopment Commission ("Monon Tract")
(recorded as Instrument Number 9909923664 in the Office of the Recorder of Hamilton County,
Indiana); thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern
boundary of said Monon Tract to the northwestern corner of the 0.909-acre tract of land granted
to the City of Cannel Redevelopment Commission ("Tract 5B.1") (recorded as Instrument
Number 201 1053909 in said Recorder's Office); thence continue South 00 degrees 51 minutes
54 seconds East 191.77 feet along the western line of said Tract 5B.1 and the eastern line of said
Monon Tract to the southern line of the 0.265-acre tract of land granted to the City of Carmel
Redevelopment Commission ("Tract 5B.2") (recorded as Instrument Number 200600039104 in
said Recorder's Office); thence South 89 degree 56 minutes 58 seconds East 1'16.08 feet along
said southern line to the POINT OF BEGINNING of this description; thence North 00 degrees.
51 minutes 54 seconds.West 41.05 feet parallel with the eastern line of said Monon Tract to the.
approximate southern edge of an existing parking garage; thence.North 89 degrees 59 minutes 31
seconds East 112.27 feet along said southern edge to the eastern line of said Tract 5B.2; thence
South 00 degrees 51 minutes 54 seconds East 41.16 feet along said eastern line to the
southeastern corner thereof; thence North 89 degrees 56 minutes 58 seconds West 112.27 feet
along the southern line of said Tract B.2 to the POINT OF BEGINNING, containing 4,614.3
square feet (0.106 acres), more or less.
EXCEPT:
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay
Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18
North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed bearing)
707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800-
acre tract of land granted to the City of Carmel Redevelopment Commission ("Monon Tract")
(recorded as Instrument Number 9909923664 in the Office of the Recorder of Hamilton.County,
Indiana); thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the eastern
boundary of said.Monon Tract to the northwestern corner of the 0.909-acre tract of land granted
to the City of Carmel Redevelopment Commission ("Tract 5B.1") (recorded as Instrument
Number 2011053909 in said Recorder's Office); thence continue South.00 degrees 51 minutes
54 seconds East 191.77 feet along the western line of said Tract 5B.1 to the southern line of the
0.265-acre tract of land granted to the City of Carmel Redevelopment Commission ("Tract
5B.2") (recorded as Instrument Number 200600039104 in said Recorder's Office); thence South
89 degrees 56 minutes 58 seconds East 116.08 feet along said southern line to the southerly
projection of a western line of said Tract 5B.2; thence North 00 degrees 51 minutes 54 seconds
West 41.05 feet along said projection and said western line; thence North 89 degrees 59 minutes
31 seconds East 45.00 feet to a western line of said Tract 5B.2; and the POINT OF BEGINNING
of this description; thence continue North 89 degrees 59 minutes 31 seconds East 35.00 feet to a
western line of said Tract 5B.2 (all of the remaining courses are along the boundary of said Tract
5B.2); thence South 00 degrees 51 minutes 54 seconds East 6.13 feet; thence North 89 degrees
56 minutes 58 seconds West 35.00 feet; thence North 00 degrees 51 minutes 54 seconds West
6.09 feet to the POINT OF BEGINNING, containing 213.9 square feet (0.005 acres), more or
less.
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