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HomeMy WebLinkAboutA-50, Purchase of Land/Million Gallon Storage Tank ORDiNANCe, NO. ORDINANCE APPROV.ING PURCHASE OF LAND FOR ~I-LL~,0N,~ALLON STORAGE TANK WHEREAS, the Board of Public Works of the City of Carmel has entered into an agreement with the American Aggregates Corporation for the purchase of certain land for the purpose of ~0n~trd~ting '~mili~'~ ~l~t~n :s~or~e. ta~k~th~ ~£o~ · th~.Ca~mel Wate~ Utility, and WHEREAS, the Common Council of the City of Carmel wishes.to approve and authorize said purchase, NOW, THEREFORE, be it ordained by the Common Council of the City of Carmel, to-wit: That a certain contract between the Board of Public Works of the City of Carmel, Indiana snd American Aggregates Corporation, which is dated the. 16th day of December, 1976 and a copy of which is attached hereto and made a part hereof is herewith specifically approved and authorized. This Ordinance shall be in full force and effect from and after its passage. Dated this day of , 197.~. ATTEST: Clerk-Treasurer APPROVED: STATE OF INDIANA ) ) COUNTY OF HAMILTON) SS: I, Peggy~LpD Smith, h~Y ,ce~ify~hat I am the duly ele~cte~ andf.~g~ng Clerk-Treasurer of the City of Carmel, Indiana, and that the attached Ordinance was duly adopted'by the Common Council of said City on the ~ day of . ~/~/%-W~ , 1977. C 1 er-k~%~r~a surer CONTRACT BETWEEN 'THE BOARD OF WORKS OF THE CITY OF cARMEL,' INDIANA AND ........ AMERICAN AGGREGATES CORPORATION ~,iHIS AGREEMENT entered into this /~ day of , 1976, by and between the Board of Public Works 6f the City.of Carm.el, Corporation, Indiana Indiana and American Aggregate's WITNESSETH: WHEREAS, the Board of Works of the City of Carmel, is by statdte authorized to operate a public water works system for the service of said City and it.s environs,- and does in, fact operate sugh water works and water system, WHEREAS, it has been determined by'said Board of Works that it is for 'the best interest of said service that the said Board of Works acq6ire real estate in the vicinity of ll6th Street and Gray Road in Hamilton County, Indiana for the purpose of expanding and improving the service of said water works system, and WHEREAS, said Bo~rd of Public Works.is fully authorized to make such expansion and..to obtain title to said real estate by purchase or by appropriation, and WHEREAS, t~e kmerican Aggregates Corporation is the owner of land on the east side of Gray Road in Hamilton County, between ll6th Street and the needed g~ound to the Carmel, and 126th Street and is willing to convey Board of Public Works of the City of WHEREAS, said American Aggregates Corporat%.on owns ot~er ground at the southeast corner of'126th Street and Gray Road, which real estate it contemplates that it will plat into housing sites s~rrounding a l~ake at some date in the future, and WHEREAS, the~e exists in. the City of Carme% and under the jurisdiction of the Board of Works of said City, and pursuant to an ordinance of the City of Carmel which~ p~ovides for a "water.availability charge" which charge is made against the owner, of real estate upon submission of a plat o~ ~aid·real estate fo~ development; · NOW, THEREFORE~ in consideration of.the mutual undertakings of each, the parties'agree as follows:.. 1. American Aggregates Corporation will convey to the Board of Public Works of the City o~ Carmel, a certain tract'of land 1.11 acres in size, th~ exact description of which an'd a drawing of which~ i~ attached hereto and made a part of this agreement. 2.~ The Board of Public Works of the City of carmel,~ upon~receipt of a Warranty Deed f~om American Aggregates COrporation for said real estate, will acc'ept~the same~and in consideration thereof will acknqwled~e prepaymen~ thereby by American ~Aggregates Corporation' of all water aVailability charges now or hereafter to be attached to 34 acres .of g~ound to be platted (exclusive of ground Covered by lakes or ponds) lying adjacent and in close proximity to th'e's6utheast corner of 126th and Gray Roa~ in Hamilton County, Indiana, and will make.whatever notations in its records are necessary to insure that upon.the · platting of said ~4 acres the'same will be considered to be' fre~ 'of further charge fo~ wa~er availability charges, (exclusive ~f connection charges), the s~me having been prepaid by the -2- -execUtion of Warranty Deed, as herein provided by American Aggregates Corpo,ration. A~IERICAN AGGREGATES CORPORATION BOARD OF PUBLIC woRKs OF CARMEL, INDIANA OF THE CITY· DESCRIPTION OF LAND FOR SALt TO 'i'0WN OF CAIh~IEL', INDIANA The following described real estate in tlamilton'County, in 'the State of Indiana to .wit: Being a ·part of the South;vest quarter of Section 33,%Township 18 'North, Range 4 East, described as 'follows: /' · . Beginning at·a point on the west line"of Section 33, which iine is also the centerlfne of·Gray. Road, approximately 400 feet north of the Southwest corner of said Section 33, thence easterly from .said point of begiqning and at might-angles to the said'%vest line· of said section, 360 feet to a point, thence northerl~ and parallel to the %~est line of Section 33, 210 feet to a·poi~nt, thence and at right engl~s -ho the last described line,' 210 feet to a .point, thence ·southerly, parallel to the west line of Sec. tion 33, a distance of 180 feet to a point, the~de westerly and at right .angles to the last described line, 150 feet to a point on tl~ west.line of Section 33, thence southerly, along said west line, 30 feet ho the point'of beginning, containing herein 1.1! acres of land more or less and. being, subjec~ to. any and alii legal high%rays, easements.and restriction of reqord. Note.: The beginning point used above is approximate, it'. ~eing Subject to a subsequent sur~ey to be made of this tract, it is the intention he:r~, that the 30 foot frontage along Gray Road as describe~ herein· all lay south of the bridge over Cool creek. q-