HomeMy WebLinkAboutCC-10-15-07-02 Property Exchg./Fire Station/131st
.Sponsor: Councilor Carter
RESOLUTION CC-IO-15-07-02
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, REGARDING
EXCHA1~GE OF REAL PROPERTY TO THIRD PARTY
WHEREAS, the Common Council of the City of Carmel, Indiana (the
"Council"), is the fiscal body for the City of Carmer, Indiana (the "City"); and
WHEREAS, tile Council has detennined that a public need exists for the City's
acquisition ofthat certain specific property consisting of approximately 2 acres near 13151
Street' and Hazel Dell Parkway located in the City of Carmel, County of Hamilton, State
ofIndiana, \vhich Property is more fully described in Exhibit A, attached hereto and made
a part hereof by this reference; and
WHEREAS, fue Council is interested in purchasing the Property in order to
construct a new fire station (the "Fire Station Property"), and for all other lawful
purposes; and
WHEREAS, the City owns certain property located at the northeast comer of US
31 and 13151 Street consisting of approximately four (4) acres, all of vihich is located in
Carmel, Indiana (the "Property "); and
WHEREAS, the City has determined that only a portion of the Property is now
necessary for right-of-way purposes (the'''Right-of_Way Area") and that the remainder of
the Property (the "Remainder Property") is hot needed for this or any other public
purpose; and
WHEREAS, the legal description of the Remainder Property is set forth on
Exhibit B attached hereto and incorporated herein by this reference; and.
WHEREAS, the sale of the Refl)ainder Property was approved by the City's
Board of Public Works & Safety (the "BPW") on July 18,2007, as its Resolution No 07-
18-07-0 l; and
WHEREAS, it is in the City's best interest to enter into an exchange pursuant to
which the City will exchange the Remainder Property for the Fire Station Property and a
cash payment equal to the difference in the appraised values of the Reminder Property
and the Fire Station Prophty.
NOW, THEREFORE, BE IT RESOLVED BY TIIE COMMON COUNCIL
OF THE CITY OF CARMEL, fNOlANA, AS FOLLOWS:
953044v2
Sponsor; Councilor Carter
I. That the foregoing Rccitals arc incorporated herein as though fully set
forth below.
2. That, pursuant to.Indiana Code.3-1-1 0.5-5, the Council hereby states that it'
is interested in purchasing the Firc Station 'Property described on attached Exhibit A, such
Fire Station Property to be used in the construction of. the fire station, and for all other
lawful purposes.
3. That the Council hercby approves the exchange of the Remainder Property
and the Fire Station Property (the "Exchange"), pursuant to I.C. 36-1-11-9.
4. That the value of the Remainder Property shall not be less than
$1,120,000, adjusted by reasonab)c and customary closing costs, and other expenses
incurred by the City as a result of the Exchange.
5. That .the purchase price for the Fire Station Property shall not be more than
the average of the two (2) appraisals to be obtained by the BPW pursuant to lC 36-1-10.5-
5, adjusted by reasonable and customary closing costs, and other'expenses incurred by the
City as a result of the Exchange.
6. That the Exchangc will be conditioned upon the following terms and
conditions: (i) the conveyance to the City, at no cost, of additioilal right of way which is
necessary for the City's anticipated road Improvements on 13151 Street; and (ii) the
granting of certain drainage and access easements across the Remainder Property which
will 'benefit the Remainder Property and which will facilitate development and
compatible land use planning in and with existing and proposed development in this
general area.
7, That the Common Council hereby directs the BPW to proceed with the
Exchange pursuant to the requirements of IC 36-1-10.5-5 and 36-1-11-9, and designates
Steven Engelking, the Director of the City's Department of Administration, as its agcnt
for purposes of completing the,Exchange. Mr. Engelking is hereby authorized to execute
all documents required in connection with the Exchange pursuant to this Resolution and
to take all other lawful actions necessary to complete the Exchange as contemplated
herein.
8, That this Resolution shall take effect upon its passage by Council and such
execution by thc Mayor and notice as is'required by law.
953044v2
. Sponsor: Councilor Carter
Passed by the Common Council of th~ City of Carmel, Indiana this I S ~ay of
October, 2007, by a vote. of ~ayes and -0- nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Diana L. Cordray, IAMC, Clerk-Tre' s
Presented by me to the Mayor of the City of Ca~e], Indiana this !S-t)ay of
O~ . 2007,atT::Jd.:..e....~~ .
Diana L. Cordray, IAMC, Clerk-Treas
. Approved by me, Mayor of the City of Carmel,
O~ 2007,atl:~ ..p M.
Indiana, this I # day
~
Diana L. Cordray, lAMe, Clerk-Tr a urer
Prepared by Douglas C. Haney, City Attorney, City of Carmel, One Civic Square,
Carmel, Indiana 46033.
953044v2
. Sponsor: Councilor Carter
Exhibit A
Proposed Boundary Description
Carmel Fire Station #44
Part of Plum Creek Golf Course, as per phit thereof, recorded as. Instrument Number 96-
8135 in Plat Cabinet I, Slide 665 in the Office of the Recorder of Hamilton County,
Indiana, more. particularly described as follows:
BEGINNING at the Northwest comer of Block A of Plum Creek Ridge, Section 2, as per
plat thereof, recorded as Instrumerit Number 98-1905 in Plat Cabinet 2, Slide 65,
recorded. in said.Recorder's Office;.thence South 00 degrees 00 minutes 00 seconds East
(record plat bearing) along the West line of said Block A and the East boundary of said
Plum Creek Golf Course 283.98 feet to the Southwest corner of.said. Block A; thence
South 59 degrees 30 minutes 00 seconds East along the Southern line of said Block A
219.93 feet; thence North 89 degrees 50 minutes 26 seconds West 361.76 feet to the East
line ora 30 foot drainage, utility, and sewer easement as platted in said Plum Creek Golf
Course; thence North 06 degrees 14 minutes 36 seconds West along said East line 397.55
feet to the South right of way line of 131 st Street; thence South 89 degrees 50 minutes 26
seconds East along said South right of way line 215A9 feet to the POINT OF
BEGINNING, containing 2.000 acres, more or less.
953044\'2
Sponsor: Councilor Carter
ExhibiLB
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 Qumter 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 mimites 25
seconds East;. thence southwestcrly 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 ~8 degrees 29 minutes 07
seconds East along the south line of said Northwest Quarter a distance of
325.87 feet to the Beginning Poi lit; containing 4.066 acres, more or less.
Less the following described Right-of-Way Parcei:
Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East 111
Hamilton County, Indiana, more particularly described as follows:
BEGINNING at the Southeast comer of the NOlthwest 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 en 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 Soulh46 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 saii:1 East line 96.29 feet
to the POINT OF BEGINNING, containing 0.621 acres, more or less.
953044v2
'.
RESOLUTION NO. 07-18-07-01
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CAR1\fEL, 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 131st 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 RESOLVED, 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, lildiana, 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
Resolution of The-Board of Public Works and Safety
PASSED by the Board of Public Works and Safety ofthc City of Carmel Indiana, this
m ~ '
18 day of July, 2007, by a vote of ;. ayes and - pf nays,
I
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety
By: NOT ge&n1-
Mo JolmsODt
u Clerkfor
C, Clerk-Treasurer
STATEOFINDJA,'\!A )
) 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 _\he - City o"(O}1)1el
Board of Public Works and Safety, and Diana L. Cordray, Crerk-Treasurer of thc*itYof Ga~~J;,5Vl:)o
acknowledged the execution of the foregoing "Resolution" on behalf of the City ofCarl,leI;'Indiana~...:'.,"
. .. . .
Wimess;"yhandandNotarial Seal this IfPdayof ~~C\' 20Z_~'. "'7,:::t
./ (!. ~,-"!.-. J "
Commission Expiration: f)ll/b? Notary-Public Signature -:-..... . .... '-. - - -'
C. An..... ~ C!!>V 15. .....
County of Residence:.I-\-a..~ I tr>n Notary Public, Printed
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Finnl BPW Resolution
2
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 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 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
mir\utes 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 miriutes.OTseconds
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, mOTe particularly described as follows:
BEGINNING at the Southeast corner 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 ofU.iS. 31; thence North 54 degrees 37. minutes
24 seconds West along said Southern Limited Access Right of Way 89.42 feei; 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 be,ars North 14 degrees
24 minutes 45 seconds East from said radius point; thence South 00 degi"ees.14 minutes 28 seconds East
along said East line 96.29 feet to the POlNT OF BEGINNlNG, containing 0.621 acres,more orless.
951810vl
.
;
CITY OF CARMEl, INDIANA
EXECUTIVE ORDEn
JB.2007.1
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
\VHEREAS, Indiana Code 36- i -11-3(b) requires the executive of a municipality to designate a board of
the municipality to gfve notice, conduct n hearing and notify the executive of its recommendation with respect
to the sale ofrenl property; and
WHEREAS, the City of Cannel, Indiana (the "City") owns property consisting of approximately four
(4).acres localed genel1llly at the northeast corner of US 31 and 131" Street. (the "Property"), snch Property
being located within the cOlJlorate limits oflhe City of Carmel, Indiana (the "City"); and
WHEREAS, a portion of the Properly 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
. ,.'~
WHEREAS, it may be in the City's best interest to sell, transfer or exchange the Remaining Property.
NOW, THEREFORE, by virtue of the power and aUlhority granted to me as Mayor of the City of
Cannel, Indiana, I, James Brainard, do hereby declare and order that, effective on and after June 1L 2006:
(I) The City of Cannel Board of Public Works and Safety is designated as the board of the City
responsible for giving notice, conduct in!; 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 end snail 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 t'o the sale, transfer or exchange of the Remaining Property.
SOORDEREDTHIS l~~ DAY OF June, 2007.
^ ITEST:
ey, City Attorney
9QU4h'\