HomeMy WebLinkAboutBPW-03-01-00-04 Conseco Rd Parcel CITY OF CARMEL, INDIANA
BOARD OF PUBLIC WORKS AND SAFETY
RESOLUTION NO. Spca.--O 3 --- o I .- o~ -c'~ Y
WHEREAS, Conseco Services, L.L.C. ("Conseco") has filed that certain Petition to Vacate
Unplatted Property Located Entirely Within the Corporate Boundaries of Carmel Indiana (the "Vacation
Petition") with respect to that certain portion of College Drive more particularly described and or depicted on
Exhibit A, attached hereto and incorporated herein by reference (the "Road Parcel");
WHEREAS, Conseco is pursuing, and will continue to pursue, approval of the Vacation
Petition and adoption by the City of Carmel Common Council of an ordinance vacating the Road Parcel;
WHEREAS, to facilitate the immediate construction of the improvements contemplated by
Conseco on the Road Parcel, Conseco has requested that the City of Carmel, Indiana, Board of Public Works
("BPW"): (a) abandon the Road Parcel for use by vehicular traffic; and (b) grant to Conseco a license to:
(i) remove the pavement from the Road Parcel (the "Pavement Removal"); and (ii) create, construct, and use:
(A) cul-de-sacs at the east and west ends of the Road Parcel; and (B) a landscaped pedestrian plaza and
other related improvements between the cul-de-sacs (the "Plaza Improvements"); and
WHEREAS, BPW desires to facilitate the Pavement Removal and construction of the Plaza
Improvements by: (a) abandoning the Road Parcel only for use by vehicular traffic; and (b) granting to
Conseco a license to perform the Pavement Removal and construct and use the Plaza Improvements:
NOW, THEREFORE, BE IT RESOLVED THAT
1. BPW hereby abandons the Road Parcel for use by vehicular traffic.
2. BPW hereby grants to Conseco a license to perform the Pavement Removal and construct and use
the Plaza Improvements (the "License"), subject to the following terms and conditions:
(a) At least one week prior to closing the Road Parcel to vehicular traffic and
commencing the Pavement Removal, Conseco shall: (i) deliver written notice to BPW; and
(ii) post signs at the east and west ends of the Road Parcel notifying the public of the
impending closure of the Road Parcel to vehicular traffic;
(b) Conseco shall be responsible for the relocation of any and all utilities required in
connection with the performance of the Pavement Removal and the construction and use of
the Plaza Improvements;
(c) Conseco shall perform the Pavement Removal, and the construction of the Plaza
Improvements: (i) in a good and workmanlike manner; (ii) in accordance with all laws; and
(iii) only after obtaining all permits required with respect to such performance and
construction;
(d) Conseco and its contractors shall provide customary liability insurance coverage:
(i)during performance of the Pavement Removal and construction of the Plaza
Improvements; and (ii) after completion of the Plaza Improvements; which insurance shall
name BPW and the City of Carmel, Indiana (the "City") as additional insureds;
mles , ~22P~2i s
arising out of, or incurred in connection with, the pe~ormance of the Pavement Removal and
the construction and use of the Plaza Improvements;
(f) BPW shall have no responsibility for the maintenance and repair of the Plaza
Improvements; and
(g) Within 20 days after the date hereof, Conseco and BPW shall execute a formal
agreement with respect to the License (the "License Agreement"), which License Agreement
shall: (i) be in a form required by BPW and reasonably acceptable to Conseco; and
(ii) contain the terms and conditions set forth in this Resolution.
o
with the
License
The members of BPW hereby are authorized to execute any and all documents required in connection
abandonment of the Road Parcel and the granting of the License, including, without limitation, the
Agreement (the "Required Documents").
4. The members of BPW hereby are authorized to delegate the execution of the Required Documents
to appropriate representatives of BPW, and the members hereby designate City Attorney Douglas Haney to
execute the Required Documents on behalf of BPW.
Passed by BPW this J__ day of March, 2000, by a vote of .~ ayes and C) nays.
'CITY OF CARMEL, INDIANA, BOARD OF PUBLIC WORKS AND SAFETY
Approved and Adopted this { day of AX c-,(,l(,{f'~ ,2000.
BY:
t-¢~. ~ ""') Of.' cer
J, es Brainard, Presiding ti
Date:
ATTESTS(
LF.,' d Description
(College Drive Right-of'Way)'
(C
P:~rt of the Southw~t Quarter or section 36 ~nd p~rt
5~tion 3~ in Township 18 ~ot~h, Range B
~ H~lto~ Count, Indiana, b~ing more p~r~cul~rly described ~s follo~
Commencing at the Southwest Co~ct o[ the n~d Southwest Quarter S~tioa; thence
Noah ~ degrees 0~ minutes 40 seconds ~e~t along the
S~ct[on 1767.72 f~ thence Nort~ ~9 degrees
of 54.~ feet to lhe East right-of-way
BeginalaS Point; ~ence Norlh ~'degrcu 05 ~nut~ 40 secon~ Wes~ p~nllel with
.~e W~t line of the ~aid Quatier Section and aloha the aid ~t riah~-of-wa~ line
a dhtance or $8.12 fee~ thence North S9 degre~ 21 minutes 1~ ~con~ Eaxt a
dhmncz of 204.42 feet; thcncc Noah 88 dcgrc~
distance of 1~.03 [cc~ lhcncc 5u~h ~8 dcgrc~
dis~nce of 165.13 fee~ thence Sout~ a6 degre~
distance'of 53.51 feet; thence South Ba debris
disUnto or 120.55 feet; thence North 88 dogrots ~6 minutes 54 seconds East
distance of 909.61 feet to a curve having a radius of 525.00 feel ~c ridins ~oint
of ~hich b~rs South 01 dogteen 13 minutes 06 ~econds East; thence Eutcrly along
the ~id cu~c a distance of 167.19 feet to a ~int which beats Nor~ 17 degrees 01
~nutes 40 seconds East from sold radi~ poin~ said point al~ ~ing on a curve
having · r~dius of 8!6.00 feet, the radius point of which bears ~u~ 17 degre~ 55
minutes 25 ~ccon~ West; ~kence Southe~scerly along the said curve ~ distance of
14436 feet ~o a point which bean North 27 deare~ 5~ minutc~ 53 scco6d~ East
from said radius point; thence 5uth 27 degrees
d3stanc: of 56.01 feet to a curve having a ridins of ~70.00 r~ the mdlus point of
Which beara Sou~ 30 degre~ 32 minutes 20 second~
along the said curve a distance of 135.49 feet to a point which b~rs North 20
degrees 27 minute~ 26 seconds East from said radius point; said point also being
a curve having a radius of 475.00 feet, the radius point of which bear~ South 17
degrees 0I minute~ 13 seconds West, lhence Westerly along the said curve a distance
of 131.00 feet to a point which bears North 01 dcgre~ 13 minut~
from said radius I~oint; thence ~outh 8~ degrees 46 minut~ 54
distance of 909.6t feet; thence South 86 degrees 17 minutes 59
distance of 120.55 feet; thence South g3 degrees '~9 ml,-utcs 07
distance or 53.51 fee{; thence South 86 degree~ 17 minutes 59
dintahoe of 165.13 feet; thence South 88 degrees 46 minute~ 55
distance of 1,~.03 feet; thence South 81 deireca 12 minutes 32
dL~tancc of 206.15 feet to the Bcginninl Point. 2. 682 . acres.
06 seconds West
seconds West ~.
seconds West ·
~conds West 1
~cond~ West =
seconds West &
Land Description
(Technology Drive Right-of-Way.
P-',rr of t.be Southeast Quarter of Section 35 in To'~n~h~,~ ~, ~qonh. ~,nxe S F,~t of
W 1151H
998 DeLomm. Street _~das USA
[] CONSECO CAMPUS
College Dr. to be vacated from
the east R/W'line of Pennsylvania '
St. to the west RF~V line of
Confessional Dr.
~~Z~ZT/ / / J l i 11/I/" / '
[] CONSECO C~,At~US
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