Resolution 2020-03 (Firehouse Declaratory Resolution)RESOLUTION NO.2020-03
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION
AMENDING THE DECLARATORY RESOLUTION AND THE
DEVELOPMENT PLAN FOR THE CITY CENTER
REDEVELOPMENT AREA
WHEREAS, the City of Carmel Redevelopment Commission (the "Commission")
pursuant to IC 36-7-14 (the "Act") serves as the governing body of the City of Carmel
Redevelopment District (the "District"); and
WHEREAS, the Commission has previously adopted and confirmed resolutions
(collectively, the "Declaratory Resolution") which established and amended a redevelopment
area pursuant to Section 15 of the Act known as the "City Center Redevelopment Area" (the
"Redevelopment Area"), designated certain portions thereof as allocation areas pursuant to
Section 39 of the Act, one of which is known as the City Center Redevelopment Allocation Area
(the "City Center Redevelopment Allocation Area") and approved a redevelopment plan for the
Redevelopment Area, which plan has subsequently been incorporated into and replaced by an
Integrated Economic Development Plan & Amended Redevelopment Plan which applies to the
Redevelopment Area (the "Plan") pursuant to the Act; and
WHEREAS, the Commission now desires to amend the Declaratory Resolution and Plan
to (i) remove the area described on Exhibit A attached hereto from the City Center
Redevelopment Allocation Area, (ii) designate the area described on Exhibit A attached hereto as
a separate allocation area pursuant to Section 39 of the Act to be known as the Firehouse
Allocation Area (the "Firehouse Allocation Area"), and (iii) adopt a supplement to the Plan
attached hereto as Exhibit B (the "2020 Plan Supplement") (clauses (i) through and including
(iii), collectively, the "2020 Firehouse Amendments"); and
WHEREAS, the 2020 Firehouse Amendments and supporting data were reviewed and
considered at this meeting; and
WHEREAS, Sections 15, 16, and 17 of the Act have been created to permit the creation
of "redevelopment project areas", and to provide that this Commission may exercise certain
rights, powers, privileges and immunities in a redevelopment project area, subject to the
conditions set forth in the Act; and
WHEREAS, Section 39 of the Act has been created and amended to permit the creation
and expansion of "allocation areas" to provide for the allocation and distribution of property
taxes for the purposes and in the manner provided in said Section; and
WHEREAS, this Commission deems it advisable to apply the provisions of said Sections
15, 16, 17, and 39 of the Act to the 2020 Firehouse Amendments; and
WHEREAS, the Commission now desires to approve the 2020 Firehouse Amendments.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, governing body of the City of Carmel Redevelopment District, as follows:
1. The Commission hereby reaffirms its findings that the Redevelopment Area,
including the Firehouse Allocation Area, is an "an area needing redevelopment" within the
meaning of Section 15 of the Act, because it is an area in which normal development and
occupancy are undesirable or impossible because of the lack of development, the cessation of
growth and the deterioration of improvements in the Redevelopment Area; the character of
occupancy, age, and obsolescence of property in the Redevelopment Area; the substandard
condition of buildings in the Redevelopment Area; and other factors that impair values or
prevent a normal use or development of property in the Redevelopment Area.
2. The 2020 Plan Supplement for the Firehouse Allocation Area cannot be achieved
by regulatory processes or by the ordinary operation of private enterprise without resort to the
powers allowed under the Act because of lack of development, cessation of growth, deteriorating
improvements, age and the substandard condition of buildings in the Redevelopment Area.
3. The public health and welfare will be benefited by the 2020 Firehouse
Amendments.
4. It will be of public utility and benefit to amend the Declaratory Resolution and the
Plan for the Redevelopment Area, as provided in the 2020 Firehouse Amendments and to
continue to develop the Redevelopment Area, including the Firehouse Allocation Area under the
Act.
5. The accomplishment of the 2020 Plan Supplement for the Firehouse Area will be
a public utility and benefit as measured by the attraction or retention of permanent jobs, an
increase in the property tax base, improved diversity of the economic base and other similar
public benefits.
6. The Declaratory Resolution and the Plan, as amended by this Resolution and the
2020 Plan Supplement, conform to the comprehensive plan of development for the City of
Carmel, Indiana (the "City").
7. The 2020 Firehouse Amendments are reasonable and appropriate when
considered in relation to the Declaratory Resolution and Plan and the purposes of the Act.
8. The findings and determinations set forth in the Declaratory Resolution and the
Plan are hereby reaffirmed.
9. In support of the findings and determinations set forth in Sections 1 through 7
above, the Commission hereby adopts the specific findings set forth in the 2020 Plan
Supplement.
10. The Commission does not at this time propose to acquire any additional parcels of
land or interests in land within the boundaries of the Firehouse Area. If at any time the
Commission proposes to acquire specific parcels of land, the required procedures for amending
the Plan, as amended by the 2020 Plan Supplement, under the Act will be followed, including
notice by publication to affected property owners and a public hearing.
11. The Commission fords that no residents of the Redevelopment Area will be
displaced by any project resulting from the 2020 Plan Supplement, and therefore finds that it
does not need to give consideration to transitional and permanent provision for adequate housing
for the residents.
12. The 2020 Firehouse Amendments are hereby in all respects approved.
13. The area described in Exhibit A is hereby removed from the City Center
Redevelopment Allocation Area and is hereby designated as a separate "allocation area"
pursuant to Section 39 of the Act, to be known as the "Firehouse Allocation Area", for purposes
of the allocation and distribution of property taxes for the purposes and in the manner provided
by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or
for the benefit of any public body entitled to a distribution of property taxes on taxable property
in said allocation area shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment
date with respect to which the allocation and distribution is made, or the base
assessed value, shall be allocated to and when collected paid into the funds of the
respective taxing units. Except as otherwise provided in said Section 39, property
tax proceeds in excess of those described in the previous sentence shall be
allocated to the redevelopment district and when collected paid into an allocation
fund for the Firehouse Allocation Area hereby designated as the "Firehouse
Allocation Fund" and may be used by the redevelopment district to do one or
more of the things specified in Section 39(b)(3) of the Act, as the same may be
amended from time to time. Said allocation fund may not be used for operating
expenses of the Commission. Except as otherwise provided in the Act, before
June 15 of each year, the Commission shall take the actions set forth in Section
39(b)(4) of the Act.
14. The foregoing allocation provision shall apply to the Firehouse Allocation Area.
The Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Firehouse Allocation Area that would not have been generated but for the
adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit
B. The base assessment date for the Firehouse Allocation Area is January 1, 2020.
15. The provisions of this Resolution shall be subject in all respects to the Act and
any amendments thereto, and the allocation provisions herein relating to the Firehouse
Allocation Area shall expire on the date that is twenty-five (25) years after the date on which the
first obligation is incurred to pay principal and interest on bonds or lease rentals on leases
payable from tax increment revenues derived from the Firehouse Allocation Area.
16. This Resolution, together with any supporting data, shall be submitted to the City
of Carmel Plan Commission (the "Plan Commission") and the Common Council of the City (the
"Council") as provided in the Act, and if approved by the Plan Commission and the Council,
shall be submitted to a public hearing and remonstrance as provided by the Act, after public
notice as required by the Act.
17. The officers of the Commission are hereby authorized to make all filings
necessary or desirable to carry out the purposes and intent of this Resolution.
18. The provisions of this Resolution shall be subject in all respects to the Act and
any amendments thereto.
Adopted the 19t' day of February, 2020.
CITY OF CARMEL
President
Vice President
Secretary
hereto.
EXHIBIT A
Description of the Firehouse Allocation Area
The Firehouse Allocation Area is described as follows, and shown on the map attached
TRACT I:
PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL
MERIDIAN, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL REFERENCES TO DEEDS, PLATS, SURVEYS, ETC. REFER TO THE RECORDS OF THE HAMILTON COUNTY
RECORDER'S OFFICE, UNLESS OTHERWISE NOTED)
BEGINNING ATA POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER WHICH BEARS SOUTH 00 DEGREES 13
MINUTES 53 SECONDS EAST 1188.00 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89 DEGREES 12 MINUTES 23 SECONDS WEST 51.18 FEET TO THE WEST RIGHT-OF-WAY LINE OF
RANGELINE ROAD PER THE QUITCLAIM DEED RECORDED PER INSTRUMENT NUMBER 200400005236, SAID POINT
BEING ON THE SOUTH RIGHT-OF-WAY LINE OF MONON GREEN BOULEVARD PER THE LIMITED WARRANTY DEED
RECORDED PER INSTRUMENT NUMBER 200200025738;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89 DEGREES 12 MINUTES 23 SECONDS WEST, A
DISTANCE OF 241.19 FEETTO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 01 MINUTE 52 SECONDS EAST, A DISTANCE OF 296.66 FEET;
THENCE SOUTH 89 DEGREES 46 MINUTES 07 SECONDS WEST, A DISTANCE OF 87.50 FEET;
THENCE NORTH 00 DEGREES 01 MINUTE 52 SECONDS WEST, A DISTANCE OF 295.81 FEETTO AFORESAID SOUTH
RIGHT-OF-WAY LINE OF MONON GREEN BOULEVARD;
THENCE ALONG SAID SOUTH LINE, NORTH 89 DEGREES 12 MINUTES 23 SECONDS EAST, A DISTANCE OF 87.50 FEET
TO THE TRUE POINT OF BEGINNING, CONTAINING 0.595 ACRES, MORE OR LESS.
EXCEPT ANY PART OF THE ABOVE DESCRIBED PARCEL LYING WITHIN THE VETERANS WAY PUBLIC RIGHT OF WAY.
THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST
ZONE (NAD83).
TRACT II: FIRE STATION PARKING LOT (29-09-36-000-008.002-018)
A PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE SECOND
PRINCIPAL MERIDIAN, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36, TOWNSHIP 18
NORTH, RANGE 3 EAST; THENCE SOUTH 00 DEGREES 13 MINUTES 54 SECONDS EAST (BASIS OF BEARINGS
ASSUMED FROM THE QUITCLAIM DEED GRANTED TO PEDCOR OFFICE, LLC RECORDED AS INSTRUMENT NUMBER
200500045693 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA) 1188.00 FEET ALONG THE
EAST LINE OF SAID NORTHEAST QUARTER TO THE EASTERLY EXTENSION OF THE SOUTHERN LINE OF THE 1.004-
ACRE TRACT OF LAND GRANTED TO THE CITY OF CARMEL, INDIANA ("MONON GREEN BOULEVARD") (RECORDED
AS INSTRUMENT NUMBER 200200025738 IN SAID RECORDER'S OFFICE); THENCE SOUTH 89 DEGREES 12 MINUTES
13 SECONDS WEST 386.14 FEET (386.16 FEET - DEED) ALONG SAID EXTENSION AND SAID SOUTHERN LINE TO THE
POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT ALSO BEING THE NORTHWESTERN CORNER OF THE
TRACT OF LAND GRANTED TO THE CITY OF CARMEL REDEVELOPMENT COMMISSION ("NORTHWEST PARKING
TRACT") (RECORDED AS INSTRUMENT NUMBER 20010002903 IN SAID RECORDER'S OFFICE); THENCE SOUTH 00
DEGREES 09 MINUTES 12 SECONDS EAST 275.75 FEET ALONG THE WESTERN LINE OF SAID NORTHWEST PARKING
TRACT AND THE WESTERN LINE OF THE TRACT OF LAND GRANTED TO THE CITY OF CARMEL REDEVELOPMENT
COMMISSION (RECORDED AS INSTRUMENT NUMBER 20010002903 IN SAID RECORDER'S OFFICE), SAID WESTERN
LINES BEING COINCIDENT WITH THE CENTERLINE OF A 66-FOOT-WIDE POWER LINE EASEMENT (RECORDED AS
DEED BOOK 130, PAGE 200 IN SAID RECORDER'S OFFICE); THENCE SOUTH 89 DEGREES 12 MINUTES 13 SECONDS
WEST 304.73 FEET PARALLEL WITH THE SOUTHERN LINE OF SAID MONON GREEN BOULEVARD TO THE EASTERN
LINE OF THE MONON TRAIL; THENCE NORTH 00 DEGREES 51 MINUTES 54 SECONDS WEST 275.74 FEET ALONG
SAID EASTERN LINE TO THE SOUTHERN LINE OF SAID MONON GREEN BOULEVARD; THENCE NORTH 89 DEGREES 12
MINUTES 13 SECONDS EAST308.16 FEET ALONG SAID SOUTHERN LINE TO THE POINT OF BEGINNING, CONTAINING
1.940 ACRES, MORE OR LESS.
TRACT III:
PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL
MERIDIAN, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL REFERENCES TO DEEDS, PLATS, SURVEYS, ETC. REFER TO THE RECORDS OF THE HAMILTON COUNTY
RECORDER'S OFFICE, UNLESS OTHERWISE NOTED)
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER WHICH BEARS SOUTH 00 DEGREES 13
MINUTES 53 SECONDS EAST 1188.00 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89 DEGREES 12 MINUTES 23 SECONDS WEST 51.18 FEETTO THE WEST RIGHT-OF-WAY LINE OF
RANGELINE ROAD PER THE QUITCLAIM DEED RECORDED PER INSTRUMENT NUMBER 200400005236, SAID POINT
BEING ON THE SOUTH RIGHT-OF-WAY LINE OF MONON GREEN BOULEVARD PER THE LIMITED WARRANTY DEED
RECORDED PER INSTRUMENT NUMBER 200200025738;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89 DEGREES 12 MINUTES 23 SECONDS WEST, A
DISTANCE OF 643.12 FEETTO A POINT ON THE FORMER EAST RIGHT-OF-WAY LINE OF THE CSX RAILROAD
CORRIDOR;
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 00 DEGREES 51 MINUTES 53 SECONDS EAST, A DISTANCE
OF 275.49 FEET TO THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN THE SPECIAL WARRANTY DEED
RECORDED MARCH 9, 2017 PER INSTRUMENT NUMBER 2017010195, BEING THE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 89 DEGREES 13 MINUTES 37 SECONDS EAST, A
DISTANCE OF 71.55 FEET;
THENCE SOUTH 00 DEGREES 51 MINUTES 53 SECONDS EAST, A DISTANCE OF 251.27 FEET;
THENCE SOUTH 89 DEGREES 46 MINUTES 07 SECONDS WEST, A DISTANCE OF 71.55 FEETTO THE WEST LINE OF
THE PARCEL REFERENCED IN THE SPECIAL WARRANTY DEED RECORDED MARCH 8, 2017 PER INSTRUMENT
NUMBER 2017010009;
THENCE ALONG THE WEST LINE OF SAID PARCEL PER THE SPECIAL WARRANTY DEED RECORDED PER INSTRUMENT
NUMBER 2017010009, NORTH 00 DEGREES 51 MINUTES 53 SECONDS WEST, A DISTANCE OF 250.59 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.412 ACRES, MORE OR LESS.
THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST
ZONE (NAD83).
TRACT IV:
PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL
MERIDIAN, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL REFERENCES TO DEEDS, PLATS, SURVEYS, ETC. REFER TO THE RECORDS OF THE HAMILTON COUNTY
RECORDER'S OFFICE, UNLESS OTHERWISE NOTED)
COMMENCING AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER WHICH BEARS SOUTH 00 DEGREES
13 MINUTES 53 SECONDS EAST 1188.00 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89 DEGREES 12 MINUTES 23 SECONDS WEST 51.18 FEETTO THE WEST RIGHT-OF-WAY LINE OF
RANGELINE ROAD PER THE QUITCLAIM DEED RECORDED PER INSTRUMENT NUMBER 200400005236, SAID POINT
BEING ON THE SOUTH RIGHT-OF-WAY LINE OF MONON GREEN BOULEVARD PER THE LIMITED WARRANTY DEED
RECORDED PER INSTRUMENT NUMBER 200200025738;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89 DEGREES 12 MINUTES 23 SECONDS WEST, A
DISTANCE OF 328.69 FEET TO THE NORTHWEST CORNER OF THE PARCEL PER INSTRUMENT NUMBER 2020001180
AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG THE WEST LINE OF SAID PARCEL PER INSTRUMENT NUMBER 2020001180, SOUTH 00 DEGREES 01
MINUTE 52 SECONDS EAST, A DISTANCE OF 199.87 FEET,
THENCE SOUTH 89 DEGREES 13 MINUTES 37 SECONDS WEST, A DISTANCE OF 5.86 FEETTO A POINT ON THE
EASTERLY LINE OF THE PARCEL PER INSTRUMENT NUMBER 2017010195;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL PER INSTRUMENT NUMBER 2017010195, NORTH 00 DEGREES
09 MINUTES 38 SECONDS WEST, A DISTANCE OF 199.86 FEET TO AFORESAID SOUTH RIGHT-OF-WAY LINE OF
MONON GREEN BOULEVARD;
THENCE ALONG SAID SOUTH LINE, NORTH 89 DEGREES 12 MINUTES 23 SECONDS EAST, A DISTANCE OF 6.31 FEET
TO THE TRUE POINT OF BEGINNING, CONTAINING 0.028 ACRES, MORE OR LESS.
THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST
ZONE (NAD83).
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EXHIBIT B
2020 Plan Supplement
The Plan is hereby supplemented by adding the following project to the Plan:
The contribution of land and the design and construction of a residential housing complex
and public plaza to be located within the Firehouse Allocation Area (the "Project"). The
Commission will capture tax increment revenues from the Firehouse Allocation Area to
compensate the Commission for the value of the land that it will contribute to the Project. Based
on representations by the developer of the Project, the Project will not proceed as planned
without the contribution of land by the Commission. The capture of tax increment revenues
from the Firehouse Allocation Area will allow the Commission to afford to make this
contribution of land by providing this alternative means of compensation to the Commission.
The Commission may also utilize the captured tax increment revenues to further assist in the
development of the Project, either directly or through bonding.
DMS 16568993.1