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Home My WebLink AboutCC-04-13-01-01 TOF/CCDSPONSOR(S): Councilor Carter RESOLUTION NO. CC-04-13-01-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, TRANSFERRING FUNDS WITHIN CUMULATIVE CAPITAL DEVELOPMENT FUND LINE ITEMS WHEREAS, the amount of Forty-Five Thousand Dollars ($45,000.00) is needed to cover the expenses of land acquisition for the City's Monon Trail Project described on attached Exhibit A; and WHEREAS, the Cumulative Capital Development Fund has excess funds available in line item #509, "Other Contracted Services" to transfer to line item #600, "Land". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that the Engineering Department be authorized to transfer: $45,000.00 from Cumulative Capital Development line item 43-50900, "Other Contracted Services" into Cumulative Capital Development line item 44-60000, "Land". PASSED by the Common Council of the City of Carmel, Indiana thisiT da of/}4:~, ( / y , [ , 2001, by a vote of 7 ayes and C7 nays. e~ii/Lnd Officer ~N?CIL FOR THE CITY OF CARMEL, iNDIANA AT ST: ~~,IAM%Treasurer Page One of Two Pages Prepared by Douglas C. Haney, Carmel City Attomey SPONSOR(S): Councilor Carter me , ~ , . Diana L. Cordray, IAMC, Cler~asurer Approved by me, the Mayor of the City i~ n~ ieB ,2001. Diana L. Cordray, I~asurer Council Resolution No. CC-04-13 -01-01 Page Two of Two Pages Prepared by Douglas C. Haney, Carreel City Attorney FROM: THE ALGONQUIN BUILDING PHONE NO. : 317 269 3415 Apt. 11 2001 02:37PM P2 REA , EST^TE PURC"AS This R~I Estate Purch~c Aguemen{ ("Agreement") is made ~his I~h day of April 2001 between the Ci~ of Camel, Indiana ("City") and Veto 3. Hin~haw. Truslee of the Veto J, Hidhaw Revocable T~sl ("Seller"), WI~ESSETH: APPROVED, At TO Recitals WHEREAS, City is undertaking the creation and construction of a linear park and recreational trail to be known as the Monon Trail (hcrein the "Project"); and WHEREAS, in furtherance of the Project, City needs to acquire from Seller, and Seller is ,hitling to grant and convey to CiW, an casement interest in approximately 1.08 acres of real estate described on ~ artached hereto and incorporated heroin, and · WIIEREA,~ City h~ ~h,- p~v~r to ac~uira th~s ably/e. d,.~.tlL..d p:uperty pm:,uaid IG the ladirma la~,s de,.inent domain,- NOW, THEREFORE, in consideration of the foregoing Recitals, the following mutual c~venants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Purchase Price and Payment. For the real estate described in Exhibit A (the "Property"), the City agrees to pay the sum of Fort)'-Five Thousand and 00/100 Dollars ($45!000.00) (the "Purchase Price"). The Pttrchase Price shall be paid by City to Seller at the Closing (as hercoRer defined). Title to the Property. The Property to be sold and conveyed to the City shall be an easement which casement shall grant to City the fi~ts and obligations described in the form ofeasemem agreement attached hereto and incorporated heroin as Exhibit B. Such easement shall be conveyed by Seller to City with all of the warranties of title that pertain to a conveyance as if by warranty deed and as provided by I.C. 32-1-2-12. agah~st simuhanc~us de]ix'cry of the consideration described h~ Paragraph l: (a) A properly execuled Easement Agreement in ~he form of Exhibit B; and (b) A completed 1RS Form W-9; and (~) A certificate of non-lbreign status with respect to Seller as required by Section 1445 of the I nlernal Revenue Code· E'X H/ IT FROM t THE ALGONQUIN BUiLDiNG PHONE NO. : 317 269 3415 Apt. 11 2001 02tSBPM P3 Taxes and Assessmares. Seller shall pay, or cause to be paid. on or before Closing. all propert), taxes mid assessments, whether special or otherwise. relating to the Property described in Exhibil A and which are due and payable on or before the Closing. Posscssion/Right of Entry. From and after the date hereof, Cip..' shall have, and Seller hereby grants to City and its agents, the fight to enter upon an), of the PropenS', including wilhout limitation, for the ptu'~sc of constructing the Project. Such righi to enter shall ipso facto terminate in the event the common council of the City fails io approve this Agreerecur. Upon any such tennination. Ci~' shall promptly remove aaly equipment or improvements insta]kd or placed upon the Pmpe~' by City and restore the Property to subsiamially Ihe condition that existed prior to ent~, thereon by the City. Dismissal of Action. At the time of Closing, Seller and City shall dismiss without prejudice the pending eminent domain action in Hamilton Superior l (Cause No. 29D01-001 I-CP-727). Entire Agreement: Written Modifications; Survival of Representations. Wanantics and A~reements. This Agreement contains the entire a~eement between Seller and City with respect to the subject matter hereoE All representations, promises and prior or contemporaneous understandings be~'een the panics are merged into and expressed in this Agreement, and an), and all prior agreements between the patties are hereby canceled. This Agreement shall not be amended, modified or supplemented without the wrilten agreement of Seller and City a~ the time of such amendment, modification or supplemem. All representations, warranties and agreements made herein shall be merged by the deliver3' of the Easement Agreement by and betxveen the panics. Default. In the event of a default on the pan of Seller hereunder. Cin.' may exercise an)' or all of the rights and remedies to which it may be entitled at law or in eqult% including w thout mitat on, the remedy of specific perfom~ance. In the event of a default on the pan of City under this Agreement. Sel let may exercise any or all of the rights and remedies to which it ma3 be entitled at law or in equity. inchedinS without limitalto l, t le remedy of specific perfomlance. Expenses: BrokeraRe. Excelit as herein specifically provided in this Agreement, Seller and City shall each bear its own expenses incurred in connection herewith, and neither shall be liable to the other for any of such expenses. ~hefiler or not tile transaclion contemplated hereby is consurnnlated- Each of the parties cox enanls that it has not employed or used any broker, finder or agent in connection herewith or with the transaction contemplated hereby. Each part)' agrees to defe.d, indemnify and hold ~he other harmless from and against an.',' damage. loss, 2 10. I1. 12. 13. liability, claim, expense. cosl or rce suffered or incurred by such indemnified pa~.. arising om of any breach or misrepresentation under this Paragraph 9. AuthofitV of Undersic, ned. The undersigned persons executing this Agreement on bcha f of Scer or City. respectively, each rcprasents and certifies that he or she is duly aulhofized and is fully cmpower~l to execute and deliver this Agreement or the acceptance thereof to the other party hcrcto. Counterparts. This Agreement may be executed in scparalc counte~ans. each of which when so executed shall be an odglnal, but all of such counterparts shall together constitute but one and the same insmuncm. Attorneys' Fees. In addition to any other fight or t~mcdy granted hereunder each par~/shall be entitled to recover from the other (the "defaulting party") reasonable attorneys' fees and court costs incurred by such party in connection with the enforcement of iis righis and remedies hereunder z~suhing from the default or breach of the defaulting paxty. Lm~dscacfin$~. Seller shall be given a choice of throe (3) different vegetation plans of var)'ing depth, and may elect any one (1) of area (3). This provision regarding vegetation plans shall sun,ire the Closing and the deliver)' of the Easement from Seller to City. IN WITNESS WHEREOF, the undersigned City and Seller have duly executed and delivered this Agreement as of the day and year tint above writlen. VERA J. HINSHAW, trustee of the VERA J. HINSHAW REVOCABE TRUST Vera J. ~tee / ' CITY OF CARMEL INDIANA By and through its Board of Pubtlc Works and SafeD' Date: ~1~,~'~/ Billy Walker, Member Date: ATTEST: Dian~ Cordray, IM~~er 4 FROM: THE ALGONQUIN BUILDING PHONE NO.: 317 269 3415 Apr. 11 2001 02:39PM P6 EXHIBIT A TO PURCHASE AGREEMENT Part of the Southeast Quarter of Section 12. To~nship 1 ? North. Range 3 East. Clay Township, Handlion County, Indiana and mote particularly described as follows: Begin~in_~ at the Northwest c~omex oftho Southeast Quaflex of Section 12, Township 17 north. Range 3 East; thence South 89 degrees 51 minutes 56 s~conds East (assum~ bcas~g) 33 feet; thenc~ South 00 degrees 08 minutes 04 seconds Wast 1350 f~ct; thence North 89 degr~_s 51 minutes 56 seconds West 33 fc~ to lhc West line of said Quaflex Section; thence north 00 degrees 08 minutes 04 scoonds East 1350 f~ct to the Point of Beginning and c~ontaining 1.08 acres more or less. Pag~ 1 of 2 FROM: THE ALGONQUIN BUILDING ,RC~L ND.: 13-12-01)-00-003,000' ~OJECT '40.: .:~:'::: PHONE NO.: 317 269 3415 OWt, tE~: '~'E_~A DE[9 R[CO~D: 9~0~59¢ Apt. 11 2001 02:40PM P? gRAVeN BY: O.T. "CHECKED BY: Mi,C, ~o~che~ Area = SCALE: 1' = 400' Ouarlcr Sect/on L;ne 13- 72 - O0 - 00- 003. 000 Res. Area = 75.978 Ac. Page 2 of 2 I 402' 402'