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Home My WebLink AboutCC-08-06-07-02 WITHDRAWN/Purchase Property/US 31 & 131st St :- , Sponsor: Councilor Carter c , RESOLUTION CC-08-06-07-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL IND 1\NA REGARDING TRANSFER OF REAL PROPERTY TO THIRD PARTY WHEREAS, the City of Carmel, Indiana (hereinafter, the "City"), owns certai roperty located at the northeast comer of US 31 and 131 st Street consisting of approximately four 4) Acres in Carmel, Indiana (the "Property "); and ~ \ " WHEREAS, the City has now determined that only a~ion of t e pr~Sty is ;~'cessary for right-of-way purposes (the "Right-of-Way Area") and that the r 'nder 0 thl\.~~y (the "Remainder Property") is not needed for any other public purpose; and \ WHEREAS, the legal description of the Remaind~~rope y is se~rth on Exhibit A attached hereto; and QY (2. WHEREAS, the sale of the Remainder pr~' w s ~~~ by the City's Board of Public Works & Safety on July 18,2007, as Resolution fr. ~~- 1t:,&:1J01. " ,- NOW, THEREFORE, BE, IT ~~D h:!!.\~ommon Council of the City of Carmel, - Indiana (the "Common Council"), hereby in~ the ollo~l'It findings: .~, S",,"" I. Tho rorego~"'" ,fiiD;.""d h,,,'o by 'hi, rer~". Section 2. The Lmmon oun,I~\.ebY approves the sale of the Remainder Property which shall be sold pursuant to tc'6-1- 1-5. J Section 3. T\. pur ~~ice for the Remainder Property shall not be less than One Million One Hundred T nty T usa ollars (SI,120,000.00), adjusted by reasonable and customary closing costs, and , er exp ns i~d by the City as a result of such sale. Sectio 4 e sale ~he Remainder Property will be conditioned upon the successful bidder agreeing to the lowing terms and conditions: (i) the conveyance to the City, at no cost, of' additional right of wa which is necessary for the City's anticipated road improvements on 13151 Street; and (ii) the grantin f certain drainage and access easements across the Remainder Property which will benefit the Rema' der Property and will facilitate development and compatible land use planning with existing and pr osed development in this general area. is document was prepared by Tammy K. Haney, Bose McKinney & Evans LLP, 301 Pennsylvania Street, Suite 300, Indianapolis, Indiana 46280, on July 26, 2007. [Z:\E Bass\My Documen\S\ResoILllIOnS.CCCl2OO7\Tra~slfif Real Properly 31 & 131.OQC-7fl712OO7 10:513 AM] Sponsor: Councilor Carter Section 5. The Common Council hereby approves the BPW designation of Stephen 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. Stephen 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 necessary to complete the acquisition, offering and disposition of the Remainder Property as contemplated herein. PASSED by the Common Council of the City of Carmel, Indiana, this _ day of August, 2007, by a vote of _ ayes and _ nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Presiding Officer Kevin Kirby Joseph C. Griffiths, President Pro Tempore Mark Rattemlann Ronald E. Carter W. Eric Seidensticker Fredrick J. Glaser Richard L. Sharp ATTEST: Diana L. Cordray, lAMC, Clerk-Treasurer Presented by me to the Mayor ofthe City of Carmel, Indiana, at day of August, 2007. o'clock _' m. on the Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, at day of August, 2007. o'clock _' m. this James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Common Council Resolution No. CC-08-06-07-02 Page Two of Two Pages This document was prepared by Tammy K. Haney, Bose McKinney & Evans LLP, 301 Pennsylvania Street, Suite 300, Indianapolis, Indiana 46280, on July 26, 2007. [Z:I.E BasslMy Documen15\J'lmILlllOl'l.!l-CCOm7\TransferA8lI' Property 31 & 131.DQC:7f2712OO710:56 AM] Sponsor: Councilor Carter EXffiBIT A Legal Description of the Remainder Property 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 of2146.83 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 feet to 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. This document was prepared by Tammy K. Haney, Bose McKinney & Evans LLP, 301 Pennsyivania Street, Suite 300, Indianapoiis, indiana 46280, on July 26, 2007. IL\EBaMv.+;Documents\A..oI"hDl\I-C002001\TrlWlSferAelP~31&131EXHI6ITA.rb:.7I27l2t1J71?55AM]