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HomeMy WebLinkAboutResolution CC-01-04-16-06 Transfer of Property to the CRCSPONSORS: Councilor Campbell Councilor Carter Councilor Finkam Councilor Kimball Councilor Rider Councilor Worrell RESOLUTION CC -01-04-16-06 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: 16-09-36-00-00-008.000, located at 0 3rd Avenue SW, and further depicted 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 portion of the Property depicted on Exhibit A 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: a. The transfer of the Property shall be by warranty deed and the City shall execute all other usual and customary conveyance documents. Version A —1/12/16 — Land Use and Special Studies Committee Resolution CC -01-04-16-06 This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on January 28, 2016 at 6:15 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency.. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Resolution CC -01-04-16-06 - Transfer of property Amended with committee suggestions (2) Clean.docx SPONSORS: Councilor Campbell Councilor Carter Councilor Finkam Councilor Kimball Councilor Rider Councilor Worrell Page One of Three b. The CRC will ensure that if/when the property is sold the new owner and/or developer will guarantee to maintain the existing public parking capacity and manage stormwater detention as necessary to maintain or enhance the existing stormwater capacity. The guarantee to maintain the property's current parking and stormwater capacity shall be in addition to the parking and stormwater capacity required for any new development. 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. [Signature page follows] Version A —1/12/16 — Land Use and Special Studies Committee This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on January 28, 2016 at 6:15 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency.. C:\Users\jquinn\AppData\Local\A4icrosoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSM\Resolution CC -01-04-16-06 - Transfer of property Amended with committee suggestions (2) Clean.docx SPONSORS: Councilor Campbell Councilor Carter Councilor Finkam Councilor Kimball Councilor Rider Councilor Worrell Resolution CC -01-04-16-06 Page Two of Three PASSED by the Common Council of the City of Carmel, Indiana, this day of kbrjk�"- 2016, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL AT S ClWisfine S. Pauley, `Clerk -Treasurer resented by me to the Mayor of the City of Carmf Yndiana this da f I b f Ul 2016, at 0 �. hristine S. Pa ley, Clerk-TreasiVer � Approved by me, Mayor of the City of Carmel, Indiana, this I'ebmCvj 2016, at' `J0�.M. L - )��" // J es Brainard, Mayor ATTEST: day of This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on January 28, 2016 at 6:15 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency.. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSH1\Resolution CC -01-04-16-06 - Transfer of property Amended with committee suggestions (2) Clean.docx 0 SPONSORS: Councilor Campbell Councilor Carter Councilor Finkam Councilor Kimball Councilor Rider Councilor Worrell Christine S. Pauley, Clerk -Treasurer Resolution CC -01-04-16-06 Page Three of Three This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on January 28, 2016 at 6:15 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency.. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Resolution CC -01-04-16-06 - Transfer of property Amended with committee suggestions (2) Clean.docx