HomeMy WebLinkAboutCC-12-02-02-04, Amended/Trnsf Prop/ParksSponsors: Councilors Carter and Wilson
RESOLUTION NO. CC-12-02-02-04
AS AMENDED
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, REGARDING AN
INTERGOVERNMENTAL TRANSFER OF REAL PROPERTY
WHEREAS, the Carmel/Clay Park and Recreation Board (the "Park Board") is a
governmental entity created and authorized to administer the Carmel/Clay Park and Recreation
Department pursuant to that certain agreement entitled "Park Joinder Under Interlocal
Cooperation Act" dated July 24, 1991 (the "Original Joinder"), and pursuant to that certain
agreement which replaces the Original Joinder and is entitled "Interlocal Cooperation
Agreement", which document was executed by the parties on July 30, 2002 and will become
effective on January 1,2003; and
WHEREAS, the Park Board owns in fee the approximately one hundred thirty-four (134)
acre tract located at 11410 Westfield Boulevard, Carmel, Indiana 46032, and which is commonly
known as Central Park ( Centra Park"); and
WHEREAS, the City of Carmel, Indiana ("City") owns in fee three (3) tracts of real
property which together total approximately twenty-seven (27) acres and which are located
within the City along and south of 116th Street, are commonly known as 1411 East 116th Street,
1427 East 116th Street and 1507 East 116th Street, respectively, which border Central Park, and
which are more particularly described on ~Exhibit A, attached hereto and incorporated herein (the
"Original City Property"); and
WHEREAS, the Original City Property shall be reduced in size by the right of way
necessary for the proposed 116th Street widening project (the "116th Street ROW"), as is shown
on Exhibit B, attached hereto and incorporated herein, such Original City Property, as so reduced
in size by the 116th Street ROW, being hereinafter referred to as the "City Property"; and
WHEREAS, the City is interested in selling the City Property to the Park Board; and
and
WHEREAS, the Park Board is interested in acquiring the City Property from the City;
WHEREAS, Indiana Code Section 36-1-11-8 authorizes the transfer of real property
between governmental entities upon such consideration, terms and conditions as are agreed upon
by the entities, as evidenced by the adoption ora substantially identical resolution by each entity.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Cannel, Indiana that:
Sponsors: Councilors Carter and Wilson
Section I: The City shall transfer the City Property to the Park Board subject to the
following:
A. The transfer of the City Property shall be by warranty deed;
B. The purchase price for the City Property shall be One Million Eight
Hundred Fifty Thousand Dollars ($1,850,000.00), as adjusted by
customary closingcosts and f..e.e.s,-I~ ~. ~,b, or~cl ~q~. I~y (~.~.1~), I:~ ,*, ~''~_
Section 1I: ~e part~es~s a-~a~e all steps necessary to effect the transfer of the City
Property from the City to the Park Board on or before December 31, 2002.
PASSED by the Common Council of the City of Carmel, Indiana this ~Ky.O/ day of
,2002, byavoteof ~p ayes and D nays.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
~,~siding O fficbff"~
Wayne P~. Wilson, President
Robert Battreall
ld E. Carter
N.L. Rundle ' ~-
Lu~der
ATTEST:
Diana L. Cordray, IAMC, Clerk-Ty, e~surer
Sponsors: Councilors Carter and Wilson
Pf~s~'~ted by me ~h~e M~tyor of the City of Carmel, Indiana, at ~),c~ o'clock, m.
on the ,~_day of g.~fg-~, 2002.
Diana~asurer
~vp Approved by me, Mayor of the City of Carmel, Indiana, at ~ q o o'clock .~. M. this
,~2-f dayof /D~,e~e~f~ ,2002.
Jjtmes Brainard, Mayor
ATTEST:
Dtan~ k Treas
· . ~ - urer
Prepared by:
Douglas C. Haney
City Attorney
CITY OF CARMEL
317.571.2472
NOU 22 '0~ 10:31 FR BOSE MCKINNEY NORTH
317 574 3916 TO 743~8824~15~5712 P.04/14
CLERK TREASL~gR PAGE
IDEN,, iFICATJON OF SUBJECT PROPERTY
Situated at the 1400 block of East 116'h Street, the subject is located between College Avenue, (to the
west), and Range Line Road, (to the cast). The subje¢l is Iocetcd in the sou?hwest quadrant of the City of
Carmel.
For GPS purposes, the subjec~ propenT's physical Io~nt~on is identified as follows:
latitude: 39.956246' N or 39' 57'22.4~6" N
Lon~tude: -86.129181 'W or ~6' OT 45.052"
lVh'. Sidney V. Corder ]7-13-01-02-02-002-000 3.7] g~. ac. Acquired OcTober I0,
17-13-01-02-02-003-00] 0.43 ~s. ac.
" 17-13-01-02-02.004-000 0.44 grs. ac.
17-13-01-02-~.005-000 4.00 g~, ac. " -
Records on file with varioua Hamilton Covnty Authorities indicates the subject is comprised of --g53
g~. att'es. Interestingly, an analysis of the metes and bounds legal des~'iptlon indicates the subject site
p~$eeses ±8.6345 grs. acre~. For the purpose of this analysis, our office differs lo the a~ea indication~ yielded
way of the metes and boul~b legal description.
a~Jsfer
By way of our review of Sal~ Disclosure records maint~ocd on file w~th~n the Namflton County
~=.~moge L,~v~lopment Co.oration lO e~Change for $g25.000. Adjusted solely for inflat/on - ?d not
com/dedng the numerous improvements made to,the subject propz~ since the October, 1~7 acquhltJon - the
h/srorlesales pr/ce equates to ~$g88,~00 in'Novembm:, 2000 U.S. Dollars,
Records on file with the Hamilton Coun Assessor s Office mdJcatc that t
ty he subject property s primary
i:~_'dence was originally developed in ~946, with sub~nquent out-,building developm?t, es we)l as ~oterior
i l]efurhhhment, occurJ~flg at vafious points in time from the mld l OTO s ,o hepre~ent. Dtscussion of the subject
j~operty's vaHous site and building improvement~ i~ pre~nted w~'.hin thc Improvement AnaJy~s section of this
' Z.,xhibic A ! o~
, ! Su 'ecl m Ov rv~ w
'. j The subject of mis repor~ conap/maes an
mu Mm su~unm,g p~n c~m ne~, li~ted te~ ~u~; ~d a ~ m~tenn~ fa~.
~ ~enhip - HamUton ~un~ ~e~r'~O~ce ~cel Idepti5~tiop
A~ordin8 to thc Hamilt~ C~n~ ~s~so~s O~, the subject p~pe~ ~ ~mp~ed of four ~ls.
+ ~ ~ pat~ - ~d theix in~ted a~eage - are identj~ ~ foU~s:
NOU 22 '02 10:32 FR BOSE MCKINNEY NORTH 317 574 3716 TO 743~88241~151~5712 P.05/14
i~11~12~8 ~:22 3175712~1~ CL~RK TREAS~R P~E 85
~ ~;~'-~, ..... T ........
- - ~:' - F ~n;ncom~l~lhpm~r~z~a~da~ldZTa~3~OT~lJ6'~~ee( J
~oper~, ~3u~h'fled ~h BoZd ~pcr~y ~ne Scale ~]' '=
Ex'h~.bi~ A 2 o£ ~
NOU 22 '0~ 10:52 FR BOSE MCKINNEY NORTH
12/13/2B00 09~22 ~175712~10 CLERK TREASURER
Situated at ~c 1~ bilk of E~t 116" Street, thc subjc~ ~ l~tcd bc~cn College Av~u~ (to
~st), and Range Line Road, (to t~ ea~). ~e su~je~ ~ I~t~ in t~e south~ quadr~n~ of the
~timde: 3~.~56~6' N or 39' 57' ~" N
~n~m~: -86.1~533'W or 86' ~ 42.719" W
~ subje~ of th~ ~ ~ti~tcs ~ ~t~g z~l ~. ~z (~o~ IJ~ ~ez} ran~-s~le
~fmi~ ~ that ~ d~elo~d u~n thc no~st ~ion of e rect~lar~ co~r~ ~9.~
the su~e~ site p~s~ ~9.~ ~. a~-
By ~y bf our re~ of 5~ Dis~r= ~cor~ ~int~ned oD file ~t~n ~e Hamilt~ Coun~
~s O~, fee s~ple estate gale to ~e ~bjcct pr~c~ ~ a~=d ~ Mr. Si~ ~ Cruder
i;inei~b~ng ~o~ to thc sub~t's ;mmedinte w~t (1411 ~ 116' Street). Su~equ~t~, ~. Corder
~d gtlc to ~e mbje~ ~ ~ of a ~itd~m ~cd to ~. ~ee M. D~i~n on Febm~ 1~ 2~.
~j~ed solc~ for ~fion - ~d ~t ~p~id~flg impr~emcn~made to the subje~ Mope~
Records ~ ~e ~ ~c Hamil~ ~o~ ~ess~'s Office in~ic?e that the sub)~t~'s ~~
~iden~ ~ og~nal~ devel~d ~ lP3~, ~th subsequent out-budding d~elopmenv, ~ ~11 ~ mt~nor
~ ~c~blsbment, ~ng at vagus ~ ~ tim~ from the e~ l~0's to the pte~nt, Dish'on of the
~b~c~ ~o~s ~ ~te and ~il~ng impr~ements is p~sented ~thln the Improvement
~gon of tb~
317 5?4 3716 TO 7431~88241115~5712 P.O6/ld
~E ~$
NOU 22 ~02 10:52 ER BOSE MCKINNEY NORTH
I
317 574 ~?16 TO 745~8824~15~5712 P.07/14
CLERK TREaSUrER
J~7
07
Sub~ec*t P~pc,~y Ou~Jined in I ~d $c, al~ ~' -
"-~z~4.'~- ................
NOU 22 '02 10:~2 FR BOSE MCKINNEY NORTH
12/1~/200B 89:22 ~17571241~
317 5?4 3716 TO 743~8824~15.5712 P.08/14
CLERK TREASURER PaGE
ID~E.~ JFICATION QF SUBJECT PRO~ -.KTY
Subject Prot~lv LQc~don
Situated at thc 1500 block of East 116'~ Street, the subject ~s located betWecn College Avenue. (fo the
and Range I.iue Road, (to the east). The subject is located in th(= southwest quadrant of the Oty of
C~rmel.
For (~ purposes, the subject proper~'s physicaJ location Ls identified as follows:
Latitude: 39.956266 ' N or 39 ° 57' 27..558' N
Longitude: -86.]27847'W or 86' 07' 40.24~ W
~t'aQsfer Hbtorv. Lishng HbtoT~
During the course of our o~ice reprc.~antati~e'$ i~pection, Mfs. Silva. man communicated that the
subject p.,~i:4rty vms acquired by the S~lve:rmans in 1967. ']l'a~fer records on ~ with the Hamilton Coun~
Auditor's Office indicate that title tra~fe~ occurring in 1-~-2 and 1~99 were from $0vcrman to ,~vennan.
These records are found to ~pre~ent 0ditdaim Deeds.
Our review of the local MLS system indicates that ~e subject proL~rty w-~ muds available for sale
~om Alii, 1998 through September, 1~98 at a list prJc~ of $44~,~00. The owner indicates that no acceptable
made to the subject Since 1998 - tbe ldsto~c ]~t i~icc equates to ~180,000 ~n November, 2000 U.S. Dollar.
Records on Ele with the Hamilton Couur/AsSessoCs Office indicate t hat the ~bject pfoper~,.~ prim.ry
~s~dence was developed in 1~00. ])y way of our discesSiOn with the owner, we understand that the subject is
believed to have been of~JnaJly developed in the lS:~'s or l$3(Ys. Ol= course the~ have been numerous
changes, impr0_v.~ments and refaxbi~bmant to the property since originally constructed. Dbcus.~on of the
s~bject property s vasious site and f~iiding imptovement,s is presented whhin thc Improvement Analysis
~ct~on of th~s report.
E:~hib[~ A 5 6f ~
Property Ownership, - Hamilton County A,,:,'_~_~r's Office ?a~cei
A'ccordlng to the Hamilton County Assessor's O~ce. the s~bject pzoper~y L,~ compr/sed of a '+9.32 g~.
a~ra pa]v. eJ. This parcel is identified a~ follows:
NIt. Moms A. $ilvennan 17-13-0]-00-00-00~.000 9.31 ~. ac. Acqu~cd in 1~7
Our office~s anMysis of the ~bject property's metes and bounds.legal clescHp~on gcnesaUy c0n~nns
~othepo~essSubject-,,9.321~°l~rt~s~s. ac're,J.;"dicntcd site area. F-or the pU~l~su of tt~s annlysis, t~e subject property is comide~d
Subiect ~_oPerr,/Ove~ew
The subject of this report con~mtes an ex~tlng =3,537~p~. flz (gross Ji~n~ area) l~level sin~e fam~
residence that is developed upon the northeast portion of a rectan~larly con~Tgured ~9 '~16 g~. ecr~ tzact of
land. PtOi~rty ~zdudes ~ 4'338/l~ detached ~Jcst re~dence, a =451/tz detached imx-a~e, and a ±~05 thr~e-
No~ is
~pert~ JAne
Exhibit A 6 of ~
NOt) 22 '02 10:33 FR BOSE HCK1NNEY N~IRTH
09:22 317~?12418 CLERK T~E~
317 5?4 :~716 TO 743~8824~15~5712 P.10/14
J~50
Exhibit A 7 of ~
2~
EXhibIT A - LEGAL DESCRIFT~ON
FART OF =~E NORTH~T 0OARTER OP S~CTION 1, TOWNSHIP 17 NORTH,
P~GE 3 ~T IN ~Ib~N ~, I~Z~A, MO~ P~TZ~y
BEGINNING ON T~ NORTH LII~ OF THE NORTHEAST QUARTER OF SECTION
1, TOWNSHIP 17 NO~T~, P.A~GE 3 E~T 956.~3 FEET NOR~
12 MIN~S 00 SECO~S ~T ~ASS~ BEARING) OF T~ NOHT~EST
CO~R TH~O~; T~CR NORTH 89 DEGREE 12 MI~S 00 SE~S
~ST ON ~ ALONG SAID NOR~ LINE 248.10 FEET; ~CE SO~H 00
DEG~ES 00 MI~S 0~ SE~NDS PA~L W~H ~E WEST LINE
ALSO
~ART OF THE NORT;IEAST QUARTER OF SECTION 1, TOWN~HIP 17 NORTH,
P~E 3 ~J~T IN }IAMILTON COUNTy, ~NDIA~A, MORE FARTIC~JL~.Ly
DE$CR!nED AS FO~OWE~
COMMENCING AT T~E NORT~IWEST COI~R 0P THE NORT~T QUOTER OF
S~ION 1, ~SHIP 1~ NOR~, ~GE 3 ~T; T~ ~K~
D~O~S 12 MX~ O0 SE~S ~T (ASS~D ~IN~) ON ~
~NG ~ ~R~ LI~ O~ SAID QU~TER 123~.43 FEET; ~CE SO~H
00 D~G~ES 00 MZ~ES 00 SECONDS P~LEL WX~ ~ ~ST LI~ 0F
DES~I~ION; ~INUING ~CE SO~ 00 DEGAS 00 MI~ES o0
SE~NDS PA~LL~ WI~ SAID ~ST LI~ 797.60 ~BT; ~
89 DE~ES 12 MINUT~ 00 S~C0~ ~T P~EL WI~ THE
LINE AFO~SAID 2~.00 ~T; ~C~ S~TH 89 DE~E~S 22 MI~ES 45
SR~NDS ~T 224,10 F~T (218.~5 FEET ~ TO ~ WEST LINE
OF "~R~K ADDITION", A S~DIVISION ~N ~ILTON
INDI~, THE ~T OF ~I~ IS RECO~ED IN P~T BOOK 2 FA~ES 233
~ 234, IN ~E OFFICE OF THE ~IL~N ~y ~C0~R); ~C~
CASE NO. 002940S3A -, A/~1ElqDE~.2
EXH'raIT A - COI~"D
(PARC~ 17'13'01-02-02-02-005.000)
A mART OF T~E NORT/~_&ST QUARTER OF SECTION ONE ¢1}, TOWRsHZp
SEVENTEEN (17) NORTh, 9,%NGE T~KE (3) EAST IN CLAy TOWNSHIp,
HAMILTON ~ON/"f, ZNDZ;~FA, D~SCRIEED ~,~ FOLLOWS:
DEGIN AT A POINT 986.33 F~ET ~T OF T}rE NORTHWEST CO~U~ OF
SAID QUARTER SECTION, RUN ~{~N~E EAST ON T~E NORT~ LINE OF SAID
QUARTER SECTION 248.1 FEET TO A POINT (THE T/tOE BEGINNING POINT
OF T~E REAL ES%~ATE I{~EZN D~SCRZE~D); '~}~.~C~ ~AST 12. TS FE~T TO
A ~OINT, T~NCE EOUT~ PARAlLeL WITH THE WEST LINE OF SAID
QUAR~_,R SF,~ION 14S8.78 ~T, TRRNC~ WE~T 12.75 ~, TH~N~
NOR~ 14S8.78 F~ET TO T~ NORTH LIN~ OF SAID QU~ S~Z~ TO
~ P~ OF BEGI~. (}~L NO. 1T-13-01-02-02-003.001 ~
1~-13-01-0g.02-004. 000)
~XHZEIT A - L~C~%5 DESCRIPTION
Part of the Northeast Quarter of Section 1, Township 17 North,
Range 3 East of the Second Principal Meridian, Namil~on County,
Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section;
thence on the Worth line thereo~, South 89 degrees 12 minutes
00 seconds West (assumed bearing) 1148.25 feet to the point of
beginning of the herein described real estate; thence parallel
with the West line of said Quarter Section, South 00 degrees 00
minutes 00 seconds West 1466.35 feet; thence North 89 degrees 03
minutes 50 seconds West 278.23 feet to the East line of land
described in a deed to Natty W. and Dorothy ~. Ward, recorded
in Deed Seek 130, page 48 in the Hamilton County Hecorder's
Office~ thence on said East line, South G0 degrees 00 minutes
00 seconds Wes~ 0.81 feet to the Southeast corner of said land;
thence South 89 degrees 12 minutes 00 seconds Neet 11.74 feet
to ~he Southeast corner of land described in a deed to Si(~ey
V. Corder. recorded as Instrument Nu~er 9745376 in said
Recorder's Office; thence on the ~st line of said land North
00 degree~ 00 minutes 00 seconds East 1458.73 feet to a point
in the North line of said Quarter Section; thence on said North
line North 89 degrees 12 minutes 00 seconds East 289.96 feet to
the point of beginning, cont&i~ing 9.730 acres, more or less.
(Parcel NOS. 17-13-01-00-00-008.000, 17-1~-01-02-02~003.000)
EXHIBIT A - LEGA~ DESCRIPTION
A part of the Worth Half of the Northeast Quarter of Section 1,
To,ship 17 North, Range 3 East, de~cribed as follows:
Begin at a point 870 feet West of the Northeast corner of said
Quarter Section; z~/n thence South 1474.65 feet to the Sou~h
line of the North half Of said Northeast Quarter; thence West
on the South line of said North Half of the Northeast Quarter
273.75 feet; thence North 1466.35 feet to the North line of said
North Wall of the Wortheast Quarter; thence East on said North
line 278.25 feet to the place of begl~hning, containing 9.81
NOU 22 '02 11:48 FR BOSE MCK]NNEY NORTH
~17 574 3716 TO 745~8824~15~5712 p.01×01
N E- COR
I%1
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