HomeMy WebLinkAboutResolution CC-09-16-19-01 Approves an exchange of real property that will enable the City to acquire a parcel that is necessary for the Illinois Street Extension. Sponsor: Councilor Green
RESOLUTION CC-0 9- 1 6- 1 9-0 1
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
CARMEL,INDIANA, REGARDING EXCHANGE OF REAL
PROPERTY TO THIRD PARTY
Synopsis: Approves an exchange of real property that will enable the City
to acquire a parcel that is necessary for the Illinois Street Extension.
WHEREAS, the Common Council of the City of Cannel, Indiana (the "Council") is
the fiscal body for the City of Carmel,Indiana(the "City");
WHEREAS, the Council has previously determined that a need exists for the
City's acquisition of that certain specific property consisting of approximately 0.257 acres
near the former intersection of Illinois Street and W. 1031d Street, located in the City of Cannel,
County of Hamilton, State of Indiana, which property is more fully described in Exhibit A,
attached hereto and made a part hereof by this reference (the "Illinois Street Property");
WHEREAS, the Council previously approved the purchase of the Illinois Street
Property as part of a public improvement project known as the Illinois Street Extension (the
"Project"), and for all other lawful purposes;
WHEREAS, the City owns certain property being right-of-way generally located on
the south side of the former intersection of Illinois Street and W. 103rd Street consisting of
approximately one and one hundred twenty-seven thousandths (1.127) ,acres in Cannel,
Indiana (the "Property");
WHEREAS, the City has now determined the Property is not needed for any other
public purpose;
WHEREAS, the legal description of the Property is set forth on Exhibit B
attached hereto:
WHEREAS, the sale of the Property was approved by the City's Board of Public
Works &Safety (the "BPW") on September 4, 2019, as Resolution No. BPW 09-04-19-03, a
copy of which is attached hereto as Exhibit C; and
WHEREAS, it is in the City's best interest to enter into an exchange pursuant to
which the City will exchange the Property for the Illinois Street Property plus closing and
related costs for the Property, the Illinois Street Property and the Project.
Resolution CC-09-16-19-01
Page One of Three
Prepared by Douglas C.Haney,Corporation Counsel,City of Carmel,One Civic Square,Carmel,Indiana
46032
NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
CARMEL,INDIANA, AS FOLLOWS:
1. The foregoing Recitals are incorporated herein as though fully set forth herein below.
2. That, pursuant to Indiana Code 36-1-10.5-5, the Council hereby states that it is interested in
purchasing the Illinois Street Property described on attached Exhibit A, such Illinois Street
Property to be used as a part of the Project, and for all other lawful purposes.
3. The Council hereby approves the exchange of the Property and the Illinois Street Property (the
"Exchange")pursuant to I.C. 36-1-11-9.
4. The value of the Property shall not be less than $94,400.00 adjusted by reasonable and customary
closing costs, and other expenses incurred by the City as a result of the Exchange.
5. The value of the Illinois Street Property shall not be more than $128,758 adjusted by reasonable
and customary closing costs and other expenses incurred by the City as result of the Exchange.
6. The Common Council hereby directs the BPW to proceed with the Exchange pursuant to the
requirements of I.C. 36-1-10.5-5 and 36-1-11-9 and designates James Crider, Director of the
Department of Administration for the City of Carmel, Indiana, as its agent for purposes of
completing the Exchange. James Crider is hereby authorized to execute all documents required in
connection with the Exchange pursuant to this Resolution and to take all other lawful actions
necessary to complete the Exchange as contemplated herein.
7. That this Resolution shall take effect upon its passage by Council and such execution by the
Mayor as is required by law.
Resolution CC-09-16-19-01
Page Two of Three Pages
Prepared by Douglas C.Haney,Corporation Counsel,City of Carmel,One Civic Square,Carmel,Indiana 46032
SO RESOLVED, by the Common Council f the City of Carmel. Indiana, this day of
i( W1114-, 2019 by a vote of 7 ayes and r nays.
COMMON COUNCIL FOR THE CITY OF C
tel
Jef 44-11, Presides > Ant y en
/ 7
Laura D. Campbell, Vice Presicent H. Bruce imb 1
fI _
ovals Carter evin D. Rider
111110
1E7,
A r E
Christine S. Pa y, Clerk-Treasurer
Pr ted by me to the Mayor of the sty o Carmel, Indiana this day of
, 2019, at
C istine S. Pauley, erk-Treasurer
Approved by me, Mayor o tttek9ityf Carmel, Indiana this, �" day of
Sepit , 2019, at .M.
Ja s Brainard,Mayor
E
Christine S. Paule Clerk-Treasure
Resolution CC-09-16-19-01
Page Three of Three Pages
Prepared by Douglas C.Haney,Corporation Counsel,City of Carmel,One Civic Square,Carmel,Indiana 46032
EXHIBIT A
Illinois Street Property
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,Hamilton County,
Indiana,and being that part of the grantor's land lying within the right of way,described as follows:
Commencing at the Northwest corner of said quarter section,designated as point"3"on said parcel plat; thence
along the north line of said section North 89 degrees 09 minutes 45 seconds East 1,320.00 feet;thence South 00
degrees 02 minutes 50 seconds East 65.00 feet to the south boundary of 106th Street;thence along said south
boundary North 89 degrees 02 minutes 48 seconds East 597.86 feet to the western boundary of U.S. 31;thence
along said western boundary the following three courses,(1)thence Southerly 770.76 feet along an arc to the right
and having a radius of 22,773.31 feet and subtended by a long chord having a bearing of South 01 degrees 07
minutes 09 seconds West and a length of 770.72 feet; (2)thence South 02 degrees 05 minutes 26 seconds West
656.24 feet;(3)thence Southerly 462.01 feet along an arc to the left and having a radius of 23,063.31 feet and
subtended by a long chord having a bearing of South 01 degrees 30 minutes 54 seconds West and a length of
462.00 feet to the north boundary of 103`d Street;thence along said north boundary the following six courses,(1)
thence South 89 degrees 03 minutes 10 seconds West 145.66 feet;(2)thence westerly 28.78 feet along an arc to
the right and having a radius of 1,974.00 feet and subtended by a long chord having a bearing of North 86
degrees 28 minutes 41 seconds West and a length of 28.78 feet;(3)thence westerly 180.32 feet along an arc to the
left and having a radius of 2,026.00 feet and subtended by a long chord having a bearing of North 88 degrees 36
minutes 36 seconds West and a length of 180.26 feet; (4)thence South 88 degrees 50 minutes 25 seconds West
144.79 feet to the point of beginning of this description,designated as point"318"on said plat;(5)thence
continuing South 88 degrees 50 minutes 25 seconds West 144.65 feet; (6)thence Northwesterly 48.06 feet along
an arc to the right and having a radius of 40.00 feet and subtended by a long chord having a bearing of North 56
degrees 44 minutes 23 seconds West and a length of 45.22 feet to the northeast boundary of the intersection of
Illinois Street and 103`d Street;thence along said northeast boundary Northwesterly 130.56 feet along an arc to the
left and having a radius of 165.00 feet and subtended by a long chord having a bearing of North 44 degrees 59
minutes 18 seconds West and a length of 127.18 feet to the eastern boundary of Illinois Street;thence along said
eastern boundary the following three courses, (1)thence Northwesterly 45.74 feet along an arc to the right and
having a radius of 40.00 feet and subtended by a long chord having a bearing of North 34 degrees 54 minutes 04
seconds West and a length of 43.28 feet; (2)thence Northeasterly 110.90 feet along an arc to the right and having
a radius of 185.00 feet and subtended by a long chord having a bearing of North 15 degrees 01 minutes 39
seconds East and a length of 109.24 feet; (3)thence North 32 degrees 12 minutes 00 seconds East 22.07 feet to
point"326"designated on said plat;thence South 57 degrees 48 minutes 02 seconds East 0.93 feet to point"325"
designated on said plat;thence South 19 degrees 21 minutes 28 seconds West 22.50 feet to point"324"designated
on said plat;thence Southwesterly 100.75 feet along an arc to the left and having a radius of 179.00 feet and
subtended by a long chord having a bearing of South 16 degrees 04 minutes 27 seconds West and a length of
99.43 feet to point"323"designated on said plat;thence South 00 degrees 31 minutes 31 seconds West 17.86 feet
to point"322"designated on said plat;thence South 55 degrees 07 minutes 52 seconds East 145.00 feet to point
"321"designated on said plat;thence South 61 degrees 39 minutes 39 seconds East 48.19 feet to point"320"
designated on said plat;thence South 69 degrees 51 minutes 43 seconds East 43.98 feet to point"319"designated
on said plat;thence South 80 degrees 06 minutes 31 seconds East 90.05 feet to the point of beginning and
containing 0.143 acres, more or less.
ALSO:
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,Hamilton County,
Indiana,and being that part of the grantor's land lying within the right of way lines,described as follows:
Commencing at the Northwest corner of said quarter section,designated as point"3"on said parcel plat; thence
along the north line of said section North 89 degrees 09 minutes 45 seconds East 1,320.00 feet;thence South 00
degrees 02 minutes 50 seconds East 65.00 feet to the south boundary of 106th Street;thence along said south
boundary North 89 degrees 02 minutes 48 seconds East 597.86 feet to the western boundary of U.S. 31;thence
Prepared by Douglas C.Haney,Corporation Counsel,City of Carmel,One Civic Square,Carmel,Indiana 46032
along said western boundary the following three courses,(1)thence Southerly 770.76 feet along an arc to the right
and having a radius of 22,773.31 feet and subtended by a long chord having a bearing of South 01 degrees 07
minutes 09 seconds West and a length of 770.72 feet; (2)thence South 02 degrees 05 minutes 26 seconds West
656.24 feet;(3)thence Southerly 491.51 feet along an arc to the left and having a radius of 23,063.31 feet and
subtended by a long chord having a bearing of South 01 degrees 28 minutes 42 seconds West and a length of
491.50 feet;thence South 89 degrees 03 minutes 10 seconds West 613.01 feet to a prolonged east line of the
grantor's land;thence along said east line South 00 degrees 05 minutes 07 seconds West 29.86 feet to the south
boundary of 103rd Street;thence along said south boundary South 88 degrees 50 minutes 25 seconds West 14.80
feet to the point of beginning of this description,designated as point"365"on said plat;thence South 15 degrees
34 minutes 54 seconds West 121.36 feet to point"366"designated on said plat;thence Southeasterly 53.20 feet
along an arc to the right and having a radius of 380.65 feet and subtended by a long chord having a bearing of
South 22 degrees 45 minutes 22 seconds East and a length of 53.16 feet to point"367"designated on said plat;
thence South 71 degrees 19 minutes 40 seconds West 10.03 feet to the eastern boundary of Superior Street,
designated as point"368"on said plat;thence along said eastern boundary northwesterly 88.53 feet along an arc
to the left and having a radius of 365.00 feet and subtended by a long chord having a bearing of North 25 degrees
37 minutes 13 seconds West and a length of 88.31 feet;thence continuing along said eastern boundary
northeasterly 42.63 feet along an arc to the right and having a radius of 40.00 feet and subtended by a long chord
having a bearing of North 02 degrees 02 minutes 13 seconds West and a length of 40.64 feet to the southeast
boundary of the intersection of Superior Street and 103rd Street;thence along said southeast boundary
northeasterly 24.46 feet along an arc to the left and having a radius of 165.00 feet and subtended by a long chord
having a bearing of North 24 degrees 14 minutes 51 seconds East and a length of 24.44 feet to the southern
boundary of 103rd Street;thence along said southern boundary northeasterly 48.21 feet along an arc to the right
and having a radius of 40.00 feet and subtended by a long chord having a bearing of North 54 degrees 31 minutes
35 seconds East and a length of 45.34 feet;thence continuing along said southern boundary North 88 degrees 50
minutes 25 seconds East 14.21 feet to the point of beginning and containing 0.114 acres,more or less.
Prepared by Douglas C.Haney,Corporation Counsel,City of Carmel,One Civic Square,Carmel,Indiana 46032
EXHIBIT B
The Property
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County,
Indiana, and being that part of the grantor's land lying within the right of way lines and described as follows:
Commencing at the southwest corner of said quarter section, designated as point"4"on said plat;thence North 89
degrees 03 minutes 13 seconds East 608.11 feet along the south line of said quarter section to the east boundary of
Illinois Street; thence North 0 degrees 02 minutes 50 seconds West 105.10 feet along the boundary of said Illinois
Street; thence along said boundary Northeasterly 422.66 feet along an arc to the right and having a radius of
485.00 feet and subtended by a long chord having a bearing of North 24 degrees 55 minutes 06 seconds East and
a length of 409.41 feet; thence continuing along said boundary North 49 degrees 53 minutes 02 seconds East
40.98 feet to the point of beginning of this description, designated as point "716" on said plat; thence North 39
degrees 57 minutes 17 seconds East 88.48 feet to point"717"designated on said plat; thence Northeasterly 234.66
feet along an arc to the left and having a radius of 1,515.75 feet and subtended by a long chord having a bearing
of North 35 degrees 31 minutes 11 seconds East and a length of 234.43 feet to point "718" designated on said
plat; thence Northeasterly and Southeasterly 89.73 feet along an arc to the right and having a radius of 54.50 feet
and subtended by a long chord having a bearing of North 78 degrees 14 minutes 59 seconds East and a length of
79.93 feet to point"719"designated on said plat; thence South 54 degrees 35 minutes 06 seconds East 59.09 feet
to point "720" designated on said plat; thence Southeasterly 74.08 feet along an arc to the right and having a
radius of 55.00 feet and subtended by a long chord having a bearing of South 16 degrees 00 minutes 02 seconds
East and a length of 68.60 feet to point"721" designated on said plat; thence Southwesterly 107.27 feet along an
arc to the left and having a radius of 195.00 feet and subtended by a long chord having a bearing of South 6
degrees 49 minutes 26 seconds West and a length of 105.93 feet to point "722" designated on said plat; thence
Southerly 25.87 feet along an arc to the right and having a radius of 73.00 feet and subtended by a long chord
having a bearing of South 1 degree 12 minutes 57 seconds West and a length of 25.73 feet to the northern line of
the tract of land identified as "Parcel I" in Instrument Number 200500062433 in the Office of the Recorder of
Hamilton County, Indiana, designated as point"723" on said plat; thence along said northern line Southwesterly
27.40 feet along an arc to the left and having a radius of 40.00 feet and subtended by a long chord having a
bearing of South 80 degrees 23 minutes 07 seconds West and a length of 26.87 feet; thence along said northern
line Northwesterly 195.76 feet along an arc to the right and having a radius of 165.00 feet and subtended by a
long chord having a bearing of North 85 degrees 15 minutes 10 seconds West and a length of 184.48 feet; thence
along said northern line Southwesterly 55.05 feet along an arc to the left and having a radius of 40.00 feet and
subtended by a long chord having a bearing of South 89 degrees 18 minutes 36 seconds West and a length of
50.81 feet;thence South 49 degrees 53 minutes 02 seconds West 83.77 feet along said northern line to the point of
beginning and containing 1.127 acres, more or less.
Prepared by Douglas C.Haney,Corporation Counsel.City of Carmel,One Civic Square,Carmel,Indiana 46032
RESOLUTION NO.BPW 09-04-19-03
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL,INDIANA,REGARDING THE
THIRD PARTY TRANSFER OF REAL PROPERTY
WHEREAS, the City of Carmel, Indiana (hereinafter, the "City") owns certain property
being right-of-way located on the south side of the former intersection of Illinois Street and W.
103`d Street consisting of approximately one and one hundred twenty-seven thousandths (1.127)
acres in Carmel, Indiana (the"Property"); and
WHEREAS, the City has now determined that the Property is not needed for any public
purpose; and
WHEREAS, the legal description of the Property is set forth on Exhibit A attached
hereto; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Carmel, Board of Public
Works and Safety("BPW")hereby makes the following findings:
The foregoing Recitals are incorporated herein by this reference.
1. Upon approval of the sale of the Property by the Common Council of the City of Carmel,
Indiana, the Property shall be sold or exchanged pursuant to I.C. 36-1-11-9.
2. The purchase price for the Property shall not be less than $94,400.00 adjusted by
reasonable and customary closing costs and other expenses incurred by the City as result
of such sale.
3. The BPW hereby designates James Crider, Director of the Department of Administration
for the City of Carmel, Indiana, as its agent for purposes of completing the disposition of
the Property. Mr. Crider is hereby authorized to execute all documents required in
connection with the disposition of the Property pursuant to this Resolution and to take all
other lawful actions as are necessary or appropriate to complete the acquisition, offering
and disposition of the Property as contemplated herein.
Exhibit
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
L��>n day of CjP t02 < 2019, by a vote of Z ayes and 0 nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works
and Safety
By:
James Brainard, Presiding Officer
Date:
Maie Burke, Me ber
Date: Y/Y./0
Lori W tso eml2er
Date: `f/I 1
ATTEST:
/17
Chiistine S. Pauley, Clerk-Treasurer
Date: Ve7,
2 Exhibit
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Mayor
James Brainard, Mary Ann Burke, Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Christine S. Pauley, Clerk-Treasurer of the City
of Carmel, who acknowledged the execution of the foregoing "Resolution" on behalf of the City
of Cannel, Indiana.
Witness my hand and Notarial Seal this day of , 2019.
Notary Public Signature
Commission Expires:
Notary Public-Printed
County of Residence:
KD_09-04-19-03 Resolution of The Board of Public Works and Safety(Carmel Indy Properti...
3 exhibit
EXHIBIT A
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East,
Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way
lines and described as follows: Commencing at the southwest corner of said quarter section,
designated as point"4" on said plat; thence North 89 degrees 03 minutes 13 seconds East 608.11
feet along the south line of said quarter section to the east boundary of Illinois Street; thence
North 0 degrees 02 minutes 50 seconds West 105.10 feet along the boundary of said Illinois
Street; thence along said boundary Northeasterly 422.66 feet along an arc to the right and having
a radius of 485.00 feet and subtended by a long chord having a bearing of North 24 degrees 55
minutes 06 seconds East and a length of 409.41 feet; thence continuing along said boundary
North 49 degrees 53 minutes 02 seconds East 40.98 feet to the point of beginning of this
description, designated as point "716" on said plat; thence North 39 degrees 57 minutes 17
seconds East 88.48 feet to point "717" designated on said plat; thence Northeasterly 234.66 feet
along an arc to the left and having a radius of 1,515.75 feet and subtended by a long chord
having a bearing of North 35 degrees 31 minutes 11 seconds East and a length of 234.43 feet to
point "718" designated on said plat; thence Northeasterly and Southeasterly 89.73 feet along an
arc to the right and having a radius of 54.50 feet and subtended by a long chord having a bearing
of North 78 degrees 14 minutes 59 seconds East and a length of 79.93 feet to point "719"
designated on said plat; thence South 54 degrees 35 minutes 06 seconds East 59.09 feet to point
"720" designated on said plat; thence Southeasterly 74.08 feet along an arc to the right and
having a radius of 55.00 feet and subtended by a long chord having a bearing of South 16
degrees 00 minutes 02 seconds East and a length of 68.60 feet to point "721" designated on said
plat; thence Southwesterly 107.27 feet along an arc to the left and having a radius of 195.00 feet
and subtended by a long chord having a bearing of South 6 degrees 49 minutes 26 seconds West
and a length of 105.93 feet to point "722" designated on said plat; thence Southerly 25.87 feet
along an arc to the right and having a radius of 73.00 feet and subtended by a long chord having
a bearing of South 1 degree 12 minutes 57 seconds West and a length of 25.73 feet to the
northern line of the tract of land identified as "Parcel I" in Instrument Number 200500062433 in
the Office of the Recorder of Hamilton County, Indiana, designated as point "723" on said plat;
thence along said northern line Southwesterly 27.40 feet along an arc to the left and having a
radius of 40.00 feet and subtended by a long chord having a bearing of South 80 degrees 23
minutes 07 seconds West and a length of 26.87 feet; thence along said northern line
Northwesterly 195.76 feet along an arc to the right and having a radius of 165.00 feet and
subtended by a long chord having a bearing of North 85 degrees 15 minutes 10 seconds West
and a length of 184.48 feet; thence along said northern line Southwesterly 55.05 feet along an arc
to the left and having a radius of 40.00 feet and subtended by a long chord having a bearing of
South 89 degrees 18 minutes 36 seconds West and a length of 50.81 feet; thence South 49
degrees 53 minutes 02 seconds West 83.77 feet along said northern line to the point of beginning
and containing 1.127 acres, more or less.
4 Exhibit (7,,-