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Home My WebLink AboutBPW-07-20-05-03 Lakeshore/106thRESOLUTION NO. 07-20-05-03 RESOLUTION OF THE CITY OF C ,ARMEL BOARD OF PUBLIC WORKS AND SAFETY APPROVING THE TRANSFER OF PROPERTY FROM CLAY TOWNSHIP WHEREAS, Clay Township, Hamilton County, Indiana (the "Township") has been notified that the City of Carmel, Indiana (the "City") is undertaking an intersection improvement project at 106th Street and Lakeshore Drive West, in Hamilton Count),, Indiana (the "Project"); and WHEREAS, the City notified the Township of tile City's intent to acquire by eminent domain approximately 7,260 square feet of real property owned by the Township and located on the north border of Farley Cemetery (the "Property"), as is more particularly described on attached Exhibit "A" and herein incorporated by reference; and WHEREAS, in exchange for the dedication of the Property, the City has agreed to: (1) construct a retaining wall made of Ancor Retaining Wall materials (or substantially similar material) approximately one hundred feet long and two feet high along the north edge of Farley Cemetery from the eastern boundary as more particularly, shown on Exhibit "C" attached hereto; and (2) remove two brick pillars at the entrance to Farley Cemetery (collective]y, the "Celnetery Project"), all at the sole cost and expense of the City; WHEREAS, the Township desires to consent to the transfer of the Property to the City. NOW, THEREFORE BE IT RESOLVED by tile City of Carmel Board of Public Works and Safety (the "Board"), that the Board hereby expresses its consent to the acquisition of tile Property by the City; and BE IT FURTHER RESOLVED that, pursuant to the terms of I.C. 36-1-11-8, the City hereby consents to the transfer of the Property to the City, with the condition that in the event the City vacates the Property and the Property is not used as a public right of way for an uninterrupted term of five (5) years, the Property shall revert back to the Township in fee simple. 200500047120 Filed ?oc ~ecord in HAI'IILTOH ¢OUHI'Y, IHDIAHA JEHHIFER J HAYDEH ~ 07-28-2005 ~t 11:10 a~. 19ISC 24.00 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety ,2005. Jalnes Brainard, Presiding Officer Date: Date: ~ihna CSr~raTl~M~reasu re r RESOLUTION NO. 6-28-2005-2 A RESOLUTION OF THE TRUSTEE AND TOWNSH]~P BOARD OF CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA Transferring Right of Way 106th Street WHEREAS, Clay Township of Hamilton County, Indiana, (the "Township?) has been notified that the City of Carmel, Indiana (the "City") is undertaking an improvement project on 106~" Street in the vicinity of the Farley Cemetery including the construction ora passing lane (the "Project"); WHEREAS, the City has requested that the Township dedicate certain right-of-way consisting of a depth of 22 feet along the north end of Farley Cemetery for 330 feet as more particularly described in Exhibit "A' attached hereto and depicted in Exhibit "B" attached hereto (the "Property") in order to facilitate the Project; WHEREAS, the Township is the owner of Farley Cemetery, the northern boundary of which extends to the approximate center line of 106~ Street; WHEREAS, in exchange for the dedication of the Property, the City has agreed to: (1) construct a retaining wall made of Anchor Retaining Wall materials (or substantially similar material) approximately one hundred feet long and two feet high along the north edge of Farley Cemetery fi.om the eastern boundary as more particularly shown on Exhibit "C" attached hereto; and (2) remove two brick pillars at the entrance to Farley Cemetery (collectively, the "Cemetery Project"), all at the sole cost and expense of the City; WHEREAS, the City has agreed to immediately transfer the Property back to the Township in the event 106t~ Street is relocated in the future (the "Property Return"); and WHEREAS, the Township desires to provide for the necessary dedication of the Property to the City for public right of way purposes in exchange for the City performing the Cemetery Project and agreeing to the Property Keturn. NOW, THEREFORE BE IT RESOLVED by the Trustee and Township Board, that the proposed dedication of the Property for public right of way purposes is approved, authorized, and adopted, subject to the adoption of a substantially identical resolution or Ordinance in which the City: (1) agrees to perform the Cemetery Project at its sole cost and expense; and (2) agrees to . the Property Return, and such additional terms deemed reasonable and necessary by the Trustee Township. BE IT FURTHER RESOLVED that upon the adoption of a substantially identical resolution or ordinance by the proper officers of the City as set forth above, ludith F. Hagan, the Township Trustee, and Paul K. Bofin, Secretary of the Board, are hereby authorized and directed to take any and all actions necessary, and to execute any and all documents necessary to effect the dedication of the Property to the City. ADOPTED this 28th day of June, 2005, by the Trustee and Township Board of Clay Township, Hamilton County, Indiana.. CLAY TOWNSHIP mmm o cout,r¥, nmmq^ T~..3~udith F. Hagan ,\ Township Board Secretary - Paul K. Bolin /~?~n~hip Board Chairman - James C. Dillon Township Boar? Member - Mary Eckard EXHIBIT Sheet 1 of 1 Project: Carmel-106m and Lakeshore A PART OF THE NORTHEAST QUARTER OF:SECTION 7i TOWNSHIP 17 NORTI~ RANGE 4 EAST OFTHE SECOND PRINCIPAL MERIDIAN;. CLAY TOWNSHIP; HAMILTON COUNTY, INDIANA, AND BEING THAT PART oF'THEy GRANToRs' .LAND L~iNG WITHIN THE RIGHT OF WAY LIN. ES DEPICTED ON THE ATTACHED RIGHT OF'WA~Y PARCEL PLAT, M~.RKED EXHIBIT "B", MORE FULLY DESCRIBED g2S.FOLLOwS: TWENTY-TWO (22) FEET OFF THE ENTIRE NORTH END OF THE FOLLOWING DESCRIBED PARCEL OF WHICH IS RECORDED IN THE OFFICE OF THE RECORDER OF H.42vHLTON coUNTy AS INSTRUMENT ~9609604301: BEGINNING .at the Northwest comer of the Ntyrth~ast Quarte~ of the Northeagt Qua~er of Section 7, Township ~7 North, Range 4 East of the Second Principal Meridian, Clay Township; Hamilton County~ Indiana; thence Nortl! 90.degrees 00 minutes.00 second~ East (assumed bearing) 330.00 feet on the North line of said Northeast:Quarter'to a Westerly line of the plat of Glenwood Subdivision, the plat of which 'is. recorded in Plat Book 3, page: 45. in the Off{ce of the Recorder of Hamilton County, Indiana; the f611owing two (2) comes are on the perimeter of said:Glenwood Subdivis{oni :i) thenge SOUth 00:degrees 05'minutes 50 seconds East 264.00 feet; 2) thence South 90 degrees,00minuites 00 seconds. West 330100 feet to the West Line of the: NOrtheast Quarter of said Northeast Quarter~ thence North 00 degrees 05 minmes 50 seconds West 264~00 feet to the BEGINNING POINT, containing 2.00 acres, more or less. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this Legal description was prepared by me on May I6, 2005, from the original deed records. I fitrther certify that tothe best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the [ndian~ Administrative Code~ TRENT E. NEWPORT INDIANA LANDSURVE¥OR NO. LS 29600021 ~o,~o: ,o~ s-~-~ EXHIBIT ,c~,,_, ~^w~ ~¥: ,~ o~_,~_o~ COUNTY: HAMILTON CHECKED BY: TEN 05-~7-05 SECTION: 7 OWNER: CLAY CIVIL TOWNSHIP SCALE: 1" -- 50' TOWNSHIP: 17 NORTH RECORD DOCUMENT: INST. #9609604501 RANGE: 4 EAST ~ HATCHED AREA IS THE I~1 APPROXIMATE TAKING PLACE OF BEGINNING , NE 1/4. NE 1/4 T17N, R4E N 90'00'00" E 330.00' 106th Street ~/~-~ o ~ST LINE ~ :~ /---NE 1/4, NE ~/4 Rbsidue 'A' ~ SECTION 7 o. o. ~ S 90'00'00" W 330.00' ~ ~ LOT 4~ LOT 3 OLENWOOD SUBDIVISION ~ PLAT 800K 3, PAGE 45 ~. AREA (PARCEL) ~k I ACRES (SQ. FT) I I IOTAL ; 2.000 (87,120) ~UMBER OlRECllON DISTANCE NORTH R/W TAKE 0.167 (7,260) L2 N 00'05'$0' W 22,00 FT ~~ RESIDUE 1.833 (79,860) sc*~.~ r- ~o' O0 +1