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HomeMy WebLinkAboutBPW-09-15-04-03 Well Site 17RESOLUTION NO. BPW-0945-04-03 APPRO~e.D A~ 'TO FORM BY.~ A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, REGARDING THE SALE OF REAL PROPERTY WHEREAS, the City of Carmel, Indiana (hereinafter, the "City") owns certain property located between Hazel Dell Parkway and River Road north of 131st Street, which is part of Well Site #17, in Carmel, Indiana, such property being more specifically described in the attached Exhibit A incorporated herein by reference (the "Property"); and WHEREAS, the Property is in excess of what is required for the on-going use and maintenance of Well Site #17; and WHEREAS, the Property is in a part of Carmel which is in the midst of significant development; and WHEREAS, to further the development of properties that abut the Property, an abutting landowner would likely need to obtain the Property to use for roadway purposes; and WHEREAS, there is no further need for the Property to be used as part of Well Site #17 or for any other public purpose other than roadway purposes; and WHEREAS, the assessed value of the Property is such that an appraisal is not required by Indiana Code ("I.C.") Section 36-1-11-5; and WHEREAS, in order to facilitate the appropriate use and development of land within the City, the highest and best use of the Property would be and is to sell it to an abutting landowner for roadway purposes. NOW, THEREFORE, BE IT RESOLVED that, in accordance with the provisions of I.C. 36-1- 11-5, the City of Carmel Board of Public Works and Safety hereby approves and recommends the sale of the Property as described herein, subject to the following terms: 1. The foregoing Recitals are incorporated herein by this reference. 2. The Property shall be sold pursuant to I.C. 36-1-11-5 for roadway purposes only. The sale of the Property shall be conditioned upon the City's review and approval of plans for the roadways and the residential development of the land abutting the Property and upon compliance with all applicable City building, permit, approval and review procedures. The purchase price for the Property shall not be less than $6,580.00, increased by reasonable and customary closing costs, all to be paid by the party who purchases the Property, which closing costs shall include, but not be limited to, publication, recording, legal and other expenses incurred by the City for and as a result of such sale. 62424.1 Resolution of The Board of Public Works and Safety 5. The party who purchases the Property shall enter into an agreement with the City to maintain the surface and landscaping of Well Site #17 at no cost to the City, and containing such other terms and conditions as the City may require. PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this I ~ t.~ day of September, 2004, by a vote of ~ ayes and ~ nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer I~at~ MaryAr~Burke, Member Date:/ ATTEST: /ffSiana L. Cord[~)y~IAM(2~Clerk-Treasurer Date: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared M=yer larn~es ~, Mary Ann Burke and Lori Walson~vb~v llae kno~owp, to. l?e t,~he.Jvlembers of the City of Camel Board of Public Works and Safety, and ~(ana L. ~rg]ay, ~2~rl~-~reasuret' of the C~ty of Carmel, ho acknowledged the execution of the foregoing "Resolution" on beh~f of the City of Carmel, Indiana. Witness my hand and Notarial Seal this [% day of~X',De~O~_4~ , 2004. Commission Expiration: County of Residence: Notary Public.~ Printed Signature 62424.1 2 CONSULTING ENGINEERS LAND SURVEYORS mid N. UNE, S.E. 1/4, SEC, 22, T. 18N., R.4E. S89'30'17'W 245S.07' N.E. COR. $.£. 1/4',, SEC. 22, T1SN, R4E\ D--174'~5'07' R-50.O0' L--152.50' 091.01' R--50.O0' L=57.96' 2.73' NOW OR FORMERLY C{TY OF CARMEL INST.#9502729 SCALE: 1' - 60' D~'~'~3g'54'O0' [ ~/IL-gO.SY ~ s8g'30'17'W 35.99' Exhibit A PAGE I O~ 2 EXHIBIT ,~);~ CONSU LTING ENGINEERS LAND SURYE¥ONS JOBID LEGAL D~CRDrfION A p~t of fl~e Southeast Qua~r of Section 22, Town~h/p 18 ~ m~ p~ly d~b~ ~ foHo~: Co~c~g at ~e No~c~t c~ of ~d ~u~ ~ ~o~ ~ ~ 89 ~ 30 ~ 17 BEG~ of ~ d~pfio~ ~d po~t ~o be~ a ~t on a ~ concave w~, ~e ~ ~t of s~d ~e 152 J0 fgt ~ ~e ~t of ~cy of point b~g Sou~ 89 ~s 30 ~ 17 s~ W~t of ~a~ ofa e~e e~ea~ ~ly, ~e ~ ~t of~d ~e ~ No~ 89 &~ 30 ~ 17 s~o~ ~t 130.00 fe~ ~m sdd po~g ~e sou~Iy ~e of s~d ~ es~, ~d po~t be~ $o~ 49 ~ po~t of sdd ~e; ~ Sou& 89 de~ 30 ~u~ 17 377.~ fe~ ~ ~e pl~e of~g~, ~n~ 0.188 ~s, m~ ~ less, subj~ m ~ leg~ ~ways, Exhibit A PAGE 2 OF' 2 EXHIBIT CONSULTING ENGINEERS LAND SURVEYORS mi SCAL~ 1" = 80' LEGAL DBSCRIPTION A part of the Southeast Quaff~ of Seclion 22, Towaship 18 North, Range 4 East, Ham/lion Cotmty, Ivtli..% being mor~ pa~iculaxly dcscribcd ~s follows: Exhibit A EXHIBIT __~ 3