HomeMy WebLinkAboutBPW-07-18-07-01 Transfer of Property/131st
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RESOLUTION NO. 07-18-07-01
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, REGARDING THE
THIRD PARTY TRANSFER OF REAL PROPERTY
WHEREAS, the City of Carmel, Indiana (hereinafter, the "City") owns certain property
located at the northeast comer of US 31 and 13151 Street consisting of approximately four (4)
acres in Carmel, Indiana (the "Property"); and
WHEREAS, the City has now determined that only a portion of the Property is
necessary for right-of-way purposes (the "Right-of-Way Area") and that the remainder of the
Property (the "Remainder Property") is not needed for any other public purpose; and
WHEREAS, the legal description of the Remainder Property is set forth on Exhibit A
attached hereto; and
NOW, THEREFORE, BE IT RESOL YED, that the City of Carmel Board of Public
Works and Safety (the "BPW") hereby makes the following findings:
1. The foregoing Recitals are incorporated herein by this reference.
2. Upon approval of the sale of the Remainder Property by the Common Council of
the City of Carmel, Indiana, the Remainder Property shall be sold pursuant to I.C.
36-1-11-5.
3. The purchase price for the Remainder Property shall be not less than
$1,120,000.00, adjusted by reasonable and customary closing costs and other
expenses incurred by the City as a result of such sale.
4. The BPW hereby designates Steve Engelking, Director of the Department of
Administration for the City of Carmel, Indiana, as its agent for purposes of
completing the disposition of the Remainder Property. Mr. Engelking is hereby
authorized to execute all documents required in connection with the disposition of
the Remainder Property pursuant to this Resolution and to take all other lawful
actions as are necessary or appropriate to complete the acquisition, offering and
disposition of the Remainder Property as contemplated herein.
Final BPW Resolution
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Resolution of The Board of Public Works aud Safety
PASSED by the Board of Public Works and Safety of the City of Cannel, Indiana, this
18th day of July, 2007, by a vote of :;J. ayes and pi nays.
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CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety
By: NOT geslVrt-
STATE OF INDIANA )
) ss:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Mayor James
Brainard, Mary Ann Burke and Lori Watson, by me known to be the Members of the City of-Camel
Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasurer of the,plY of ~aqn~J;~~l]o
acknowledged the execution of the foregoing "Resolution" on behalf of the City ofCarme(Indiana~..,:.." "
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Commission Expiration: 'f//tlb1 Notary Public Signature -;-.. . ..... .-.....-
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County of Residence:.l-\-L,.....ll ~ Notary Public - Printed ""-'''0'---''''
Final BPW Resolution
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EXHIBIT A
Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North,
Range Three (3) East in Hamilton County, Indiana, described as follows:
Beginning at the Southeast comer of the Northwest Quarter of said Section 26; thence
North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line
thereof a distance of712.35 feet to a point on the easterly limited access right of way line
for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius
of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds
East; thence southwesterly along the curve of said right of way line in arc distance of
765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from
said radius point; thence continuing along said right of way line South 54 degrees 45
minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes
53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds
East along the south line of said Northwest Quarter a distance of 325.87 feet to the
Beginning Point; containing 4.066 acres, more or less.
Less the following described Right-of-Way Parcel:
Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
BEGiNNING at the Southeast comer of the Northwest Quarter of said Section 26; thence South 88
degrees 37 minutes 29 seconds West (assumed bearing) along the South line of said Northwest Quarter
325.87 feet; thence North 01 degrees 22 minutes 18 seconds West perpendicular to the last described line
16.50 feet to the Southern Limited Access Right of Way of U.S. 31; thence North 54 degrees 37 minutes
24 seconds West along said Southern Limited Access Right of Way 89.42 feet; thence North 88 degrees
37 minutes 42 seconds East 300.77 feet to a non-tangent curve to the right having a radius of 100.00 feet,
the radius point of which bears South 46 degrees 58 minutes 32 seconds East; thence Easterly along said
curve 107.14 feetto a point on the East line of said Northwest Quarter, said point bears North 14 degrees
24 minutes 45 seconds East from said radius point; thence South 00 degrees 14 minutes 28 seconds East
along said East line 96.29 feet to the POINT OF BEGINNING, containing 0.621 acres, more or less.
951810vl
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PUBLIC NOTICE TO ALL INTERESTED PARTIES REGARDING
PUBLIC HEARING TO BE CONDUCTED BY THE CARMEL
BOARD OF PUBLIC WORKS AND SAFETY
At the July 18, 2007 meeting of the Board of Public Works and Safety of the City of Carmel,
Indiana (the "Board"), the Board will hold a public hearing beginning at 10:00 a.m. in the
Council Chambers, City Hall, One Civic Square, Carmel, Indiana, in order to: (i) receive public
input on the sale of all or a portion of certain real property currently owned by the City of Carmel
and consisting of that real property which includes part of Tax Parcel No. 16-09-26-00-00-
001.001, which property is located at the northeast corner of 13151 Street and US 31 in Carmel,
Indiana, and is more particularly described below; (ii) allow interested persons an opportunity to
be heard regarding this matter; (iii) allow the Board to gather the information it deems necessary
in order to be able to issue a recommendation to the Mayor of Carmel regarding the sale of all
or a portion of said property; and (iv) conduct any other lawful business connected or related to
the above.
The legal description of said property is: Part of the Northwest Quarter of
Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in
Hamilton County, Indiana, described as follows:
Beginning at the Southeast corner of the Northwest Quarter of said Section 26;
thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along
the east line thereof a distance of 712.35 feet to a point on the easterly limited
access right of way line for U.S. Highway 31 (North Meridian Street), said point
being on a curve having a radius of 2146.83 feet, the radius point of which bears
South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the
curve of said right of way line in arc distance of 765.78 feet to a point which
bears North 67 degrees 42 minutes 40 seconds West from said radius point;
thence continuing along said right of way line South 54 degrees 45 minutes 59
seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53
seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07
seconds East along the south line of said Northwest Quarter a distance of 325.87
feet to the Beginning Point; containing 4.066 acres, more or less.
Diana L. Cordray
Clerk Treasurer
City of Carmel
Publication date: Saturday, July 7, 2007
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Form P..rescribed"by State Board of Accounts
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CITY OF CARMEL-TOPICS LEGALS
COUNTY, INDIANA
LINE COUNT
900549-4876153
General Form No. 99 P (Rev. 1987)
To: INDIANA NEWSPAPERS
307 N PENNSYLVANIA ST - PO BOX 145
INDIANAPOLIS, IN 46206-0145
PUBLISHER'S CLAIM
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Display Matter - (Must not exceed two actual lines, neither of which
shall total more than four solid lines of the type in which the body
of the advertisement is set). Number of equivalent lines
Head - Number of lines
Body - Number of lines
Tail M Number of lines
~Total number of lines in notice
COMPUTATION OF CHARGES
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27.97
85.0 lines ---L.Q columns wide equals 85.0 equivalent
lines at .329 cents per line
Charges for extra proofs of publication ($1.00 for each proof in excess of two)
TOTAL AMOUNT OF CLAIM
DATA FOR COMPUTING COST
$
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Number of insertions--L.Q
Width of single column 7.83 ems
Size of type 5.7 point
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Pursuant to the provisions and penalties afChapter 155, Acts of 1953,
I hereby certify that the foregoing account isjust and correct, that the amount claime.i is legally due, after
allowing all just credits, and that no part of the same has been paid.
'l'UBLIC[ijO_i:ICE~[]~
TO ALL ~~tk~~$lbc~RnE I
REGARDING PUBLIC HEARINt I
ByiH~ ~~~~~~~g,~~ OF' \ I
PUBLICWORKS AND SAFETY
t~~~eo~~~ ~h~gft~ a;~~~~~~~~
Safely of the Clty"of Carmel
Indiana (the 'Board') the
Boardwillh.Old'~Ublic'hear-
ingbeginningat :00 a.m. In
the Coune.,I. Cha bers, City
Hall, One CIVIC Square, Carmel
~~~I~~rrl6~tO~~~h~<=;;~\~ ~~~Ti~~
a portion of certain real prop.
arty currently owned by the
City of Carmel and con5isting
oftt\atreal properly which in-
eludes part of Ta~Parcel No_
16-09-26-00-00-001.001,
which-property is located at
the northeast corner of IJlst
s~reet and ~s 3~ In Carmel, In-
dIana, and IS mote particularly
described below: (Ii) allow
int~rested persons an oppor-
tUllltyto be heard regardinQ
this matter: (iii) allow the
~oar.d to gather the informa-
t,onltdeems necessary in or-
derto be able to issue a rec-
ommendalion to the Mayor of
Carmel regarding the sale of
all Or a portion of said prop'
erty; .and (iv) conduct any
other lawful bUSiness con-
nectedorrelatedtotheabove.
The legal description of said
property is: Part, of the North-
-_,.,.~ ~----::'~ west-Quartlfr_~eetion~- ~
<T' . ~~~~~~;ix(~~6)N~~tJ.o~~~~
Three (3) East in Hamilton
County, Indiana. described as
follows;
~;~~~i;p th:t ~~~~~e~~t8~;~~
ter of said Section 26; thence
North 00 degrees 22 minutes
50 seconds West (assumed
bearing) along the ,east line
thereofadistancaof71235
f.ae.t to a point on the easterly
limited access right of way line
f9r_ u.s. Highway 31 (North Me-
f1dlallStreet),s_aidpointbeing
on a curve hav'nga radius of
2146.8J feet, the radius point
of WhiCh bears South 47 de-
grees 16 minutes 25 seconds'
East; thence southwesterly
along the curve of said right of
way line in arc distance of
765.78 feet to a point Which
b",ars North 67 degreeS 42
minutes 40 seconds West from
s,a.dradius paint. thence con-
tmumg along said right of way
line South 54 degrees 15,min-
utes 59 seconds East a dis-
tance 01107.61 feet. thence
South-Ol de[lrees~30'minutes
53 seconds East a'distance of
16.50 teet: thence North 88
degrees 29 minutes 07 sec-,
onds East along the south line
of said Northwest Cuarter'a
distance Of 325.H7 feet to the
Beginning Point; containing
4.066acres,moreorless
Diana LCordray .
OerkTreasurer
City?~.Ca~'!l~l~
DATE:
900549-4876153
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Form 65-REV 1-88
~~~h~Clerk
Title
PUBLISHER'S AFFIDAVIT
State of [ndiana SS:
Hamilton County
Personally appeared before me, a notary public in and for said county and state,
the undersigned Karen Mullins who, being duly sworn, says that SHE is clerk
of the Noblesville Ledger a newspaper of general circulation
printed and published in the' English language in the city ofNOBLESVlLLE in state
and county aforesaid, and that the printed matter attached hereto is a true copy,
which was duly published in said paper for 1 time(s), between the dates of:
07/07/2007 and 07/07/2007
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Subscribed and sworn to before me on
~t~~
My commission expires:
DIANA R. SUMMERS
NotaN Public. State of Indiana
County of Hamilton
My Commission Expires Dec. 17, 2~08,
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cm OF CARMEl, INDIANA
EXECUTIVE ORDER
JB-2007-1
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WHEREAS, Indiana Code 36~1-11-3(b) authorizes the executive of a political subdivision to approve
the sale of real property owned by that political subdivision after a public hearing is held thereon; and
WHEREAS, Indiana Code 36-i-1 1-3(b) requires the executive ofa municipality to designate a board or"
the municipality to give notice, conduct a hearing and notify the executive of its recommendation with respect
to the sale of real property; and
WHEREAS, the City of Carmel, Indiana (the "City") owns property consisting of approximately four
(4) acres located generally at the northeast comer of US 31 and 131" Street (the "Property"), such Property
being located within the corporate limits of the City of Carmel, Indiana (the "City"); and
WHEREAS, a portion of the Property is needed by the City for right of way purposes for a road
expansion project and the remainder of the Property (the "Remaining Property") is not needed by the City for
any public purpose; and
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WHEREAS, it may be in the City's best interest to sell, transfer or exchange the Rcmaining Property.
NOW, THEREFORE, by virtue of the power and authority granted to me as Mayor of the City of
Carmel, Indiana, I, James Brainard, do hereby declare and order that, effective on and after June 11-.2006:
(1) The City of Carmel Board of Public Works and Safety is designated as the board of the City
responsible for giving notice, conducting the public hearing and notifying the Mayor of its recommendation
with respect to the sale, transfer or exchange of the Remaining Property.
(2) The City of Carmel Board of Public Works and Safety is directed to and shall undertake the
above actions in a timely fashion, in accordance with applicable law, and shall issue written findings in support
of its recommendation with respect to the sale, transfer or exchange of the Remaining Property.
SO ORDERED THIS /1 ~ DAY OF June, 2007.
ATTEST:
ey, City Attorney
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