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HomeMy WebLinkAboutResolution CC-11-07-16-01 Transfers Arby's Parcel to the CRCSPONSORS: Councilor Kimball Councilor Rider Councilor Worrell RESOLUTION CC -11-07-16-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA. REGARDING AN INTERGOVERNMENTAL TRANSFER OF REAL PROPERTY INTEREST Synopsis: Transfers a portion of the Arby's parcel located at the corner of Rangeline Road and Carmel ` Drive from the City to the CRC. 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 located at the northwest corner of Carmel Drive and Rangeline Road further described on Exhibits A and B attached hereto and incorporated herein (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 for no consideration, by special warranty deed and the City shall execute all other usual and customary conveyance documents. 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. Resolution CC --1 1-07-16-01 Page One of Two This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 P Avenue SW, Suite 210, Carmel, IN 46032. SPONSORS: Councilor Kimball Councilor Rider Councilor Worrell PASSED by 1he Common Council of the City of Carmel, Indiana, this I day of 2016, by a vote of ayes and 0_ nays. COMMON COUNCIL FOR THE CITY OF CARMEL R nald E. Carter, President Kevin D. Rider SU /F* am, fe-Piesident Laura D. Campbell H. Bruce Kimball E ristine S. Paul , Clerk -Treasurer &444 Carol Schleif Jeff el. n p Presented _by me to the Mayor of the City of Carmel, Indiana this day of +v©b-1 X 2016, at i • �5% Q.M. Approved by me, Mayor of the City of Carmel, Indiana, this- ` day of /V"yy\ -t" 2016, at v d o F.M. ames Brainard, Mayor TT ChristineAPau�17V, Clerk -Treasurer Resolution CC -_1 1-07-16-01 Page Two of Two This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 3rd Avenue SW, Suite 210, Carmel, IN 46032. #86638 Exhibit "A" Project: 1296021 Parcel: 3 Excess ,Laced Tax Id. No. 23-09-36-00M28.000-018 SPONSORS: Councilor Kimball Councilor Rider Councilor Worrell Sheet I of 3 Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, in Hamilton County, Indiana, more particularly described as follows: Beginning ata point an the east line of said Southeast Quartersection a distance of 653.15 feet South 00 degrees 00 minutes 00 seconds of the Northeast Corner of the said quarter section i;said point being a distance of 483-25 feet South 00 degrees 00 minutes +00 second-, of the Southeast Cornerof the Harvey B— Stout and v.ffe tract, a survey recorded as Deed Record 126, Page 524, in the Officeof the Recorder of Hamilton County., Indiana); running thence South 00 degrees 0O minutes 00 seconds upon andalong saideast lune a distance of 2 i0.00 feet te, a point,-, Tuning thence Sol uth -00 degrees GO minutes 00 seconds W, P-st a distance of 235 M feet to a point; runningthence North 00 degrees 00minutes 00 seconds and parallel with :said east line a distance of 200.019 feet to a point, running thence :North 90 degrees 00 ;minutes 00 seconds East, a distance of 235.00 feet to the- paint of beginning. Excepting therefrom the foul,, ing: Part of the Southeast Quarter of Section 36, Township 18 North, Mange S East, City of Carmel Ham, ilton Countg, Indiana, described as follows: Commencing at the Northeast Corner of said quarter section; thence.sounth 01 degree 51 minutes 30 seconds East 658.15 feet along the east fine of said section; thence :South 88 degrees 109 minutes 30 seconds West 35.00 feet to the ;point of beginning of this description, which point is the intersection of the west boundary of Rarngeline Road JW—estfield Boulevard) with the North line of the ow ner' . land; thence South 01 degree 51 minutes Sid seconds East 200_00fee€ along said west boundary to the north boundary of Carmel Drive; thence South 88 degree_, 0.8 Minutes 30 seconds West 35_UO feet along said north boundary; thence North 45 degrees 27 minutes 56 Seco n&, East 34.00 feet: thence North 01 degree 51 minutes 30+ seconds East 176.95 feet to, the North lime of the owner's, This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 3rd Avenue SW, Suite 210, Carmel, IN 46032. Exhibit "'A" PrOject: 129602 t Parcel: 3 Excess Laud Tax ed. No. 29-0936-1000-028.090-018 SPONSORS: Councilor Kimball Councilor Rider Councilor Worrell Sheet 2 of 3 land;.thence North 89 degrees -0.8 n- inutes.3+0 seconds East 10-00 feet along wick north line to the pDint+of beginning_ Also excepting therefrom,, the follovVing: Part of the Southeast Quarter of Section Sf, Township ZS :North, Range :3 East, in Hamilton County, Indiana, more particularkV de -s dberl as follows: Commenting at Northeast Corner of said section designated as point "207" on the Location Control Route Survey plat recorded as instrument 2015- 042394, in the office of the Recorder ofsaid County; thence South, 00 degrees 50 minutes 59 second, East lbearings based on the Location Control Route Survey; plat recorded in Instrument Number 2+015-042594) a distance of 658-15 feet, along theeast line of said quarter section, to the prolonged north. line of the. grantor's land; thence South 89 degrees 09 minutes 01 second West a distance of 45.Go feet along said prolonged north line to the veestern, boundary of Rangeline Rd. and the point of beginning of this description.; thence South 00 degrees 50 minutes 59 seconds East a distance of 176-95 feet along said boundar;, thence South 46degrees 2g rm nutes27 seconds West a distance of 34j00 feet, continuing along said western boundary to the northern boundary of Carmel Grit{?; thence South 89 =degrees 09 n- inutes 01 seconds West a distance of 165M feet, along said northern boundary; to the unrest line ofthegrarntor°s land; thence North 00 degrees 50 minutes 59 seconds West a distance of 56.27 feet, -along said grantor s viest l:i ne, to the northern right of %vay' of Carmel Drive as shown on plans for Rangeline Road and Cannel Drive Interstection Project having Des_ Number 1295021 and City of Carmel Project Number 15-12; thence North 78 degrees 33 minutes 47 seconds East a distance sof 165-80 feet along said right of way; thence North .51 degrees 49 minutes 55 seconds East a distance of 89.28 feet along said right of way, thence Perth .00 degrees 50 minutes 59 seconds West a distance of 70.16 feet, along said right of %,my, to the This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 3rd Avenue SW, Suite 210, Carmel, IN 46032. Exhibit "A" Projact: 1296021 Parcel: 3 Excess Land Tax Eck. No. 29-09-36-000-024,0J.100-018 SPONSORS: Councilor Kimball Councilor Rider Councilor Worrell Sheet 3 of 3 north lime of said granter's land; thence north 89 degrees 09 minutes 01 second East a distance of 15.00 feet, along:said grantor"s north lame, to the point of beginning and corntaining G.387 acres more or Tess_ This description was prepared for the city of Carmel by Ryan D— Perry; Indiana professional Surveyor, License Number LS21500015, on the !3 days ;of October , 2016. I. C11 - N 0. ;Ryan D. Perms LS21500015 Professional surveyor SAT 0 Reg. No. LS21500015 .,�� is lrlt`�� � �State of Indiana This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 3rd Avenue SW, Suite 210, Carmel, IN 46032. 45+r5 Exhi bi t, "'B 0 ftht—of—Way Parcel Mat Awn * MI, cl-'Y '.e Cwrm SPONSORS: Councilor Kimball Councilor Rider Councilor Worrell -4 Ij zx=- IrAMW Dr. 9im 1-0 tffi i This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 3d Avenue SW, Suite 210, Carmel, IN 46032. ftftl a Nm dr. cms t hi*v &AM ft 46 3 calk- Modood Oj-. 'k I%M DO. WIWI f INN., llv-."�'-.:iff ok"*ve AW JS F7-7hr-7-1 itfaa�A firm fair epi`. This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 3d Avenue SW, Suite 210, Carmel, IN 46032. SPONSORS: Councilor Kimball Councilor Rider Councilor Worrell f2r.M bit rr11 kgId—ot—Tay Pared Plat AVOWIIAX ISI Vgh-VJ jy am-mikVe PA.� Pk,Yr,,-Y rcx0,'(wtt a,2!r 'r, Fait) piec I C'. - &jet + i x r4ccrtrf. ".';M' 2V is rMudly. -ay scw, -le ;Vt to V r-#rw I. I Fr4,9'" I AIRTL41TI V� W- -,Ufk) 61-;v k I'-14row 1 ';-m4k67z-f I ,L"J '41C 41*!UV f I �2>3'wnd' M;N.?:J�:RS A It' eo e^A (.— W,► PWO� A 5,4 "1- P�)oWrid," t frq*49 11A=1 &jet + i x r4ccrtrf. ".';M' ., ;m , (OiL is rMudly. -ay scw, -le tk+Are Att it I't t1 lQ Wt NSIC C-W."N. WVI.4 � .'� i�l. P p� i 0e. �-' J, SI- I NO$ su P"ti Wd r Ar It This Resolution was prepared by Tammy Haney, Esq., Keller Macaluso LLC, 760 31 Avenue SW, Suite 210, Carmel, IN 46032.