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HomeMy WebLinkAboutCC-09-15-08-02 Transfer Property/Pennsylvania St. SPONSOR& Councilors Sharp-and Carter R SOLUTION CC-09-15-0E3-02 A RESOLUTION OF THE CON MON COUNCIL OF THE CITY OF CARIV EL; INDIANA,, REGARDING TRANSFER OF REAL PROPERTY TO THIRD PARTY WH REAS', the City of Carmel, Indiana (hereihafter, the "City") acquired` certain property located at.10401 Pennsylvania Stfeet'in C_armel,.lndiana!(the "Property for the purpose of expanding Pennsylvania Street•,,,and WHEREAS, only a portion of the Property-is necessary for right-of-sway for the Pennsylvaniia'Street.expansion (the "Right-df-Way Arca");'and WHEREAS, the Property, excluding the Right-of--Way Area. (the '`Remainder Property") is not needed for`any other,public'purpose; and WHEREAS,"the legal description of the Remainder Property is set focthbit l;xhibit A attached hereto: WHEREAS,,the sale:of the Remainder Property was^approved;bythe City's Board or Public Works & Safety on Auggst 20, 2008, as Resoitition No, 08-20-08;02; and WHEREAS, the sale nfahe Remainder Property was approved hy'the City of Carmel Redevelopment Comrhission on Airg'ust 2.0, 2008 as Resolution No. 2008-7. which Resolution is attachcd_hereto.as Exh&tB3 NOW, THEREFORE, BE IT RESOLVE, D, that the Common Council of.the City 01 ',Carmel, Indiana (the "Common Council") hereby makes the following findings: The foregoing 32ecitals,are irncorporLed,herein by'this reference: 2. The, Common Council hereby approves the sale of-the 'Remainde'n Property which shall be soli] pursuant to I.G 36-1-11-5. 3.. The purchase price for the Remainder Property shall not be Jess than $180,000.00, adjusted by reasonable and eUstomary closing °co;; s,,and other expenses;ihcurred by the City,a"s'a result?of such sale. 4. The Comiiion Council Bitchy approves the f3PW designation of Steve Engelking; Director of the Department of Administration.. For the City of Carmel, Indiana asl is'agent for'purposcs of `completing the disposition of the Remainder Property. Steve Engelking is hereby authorized to execute 111 documents reyuiied in connection with the disposition of the Remainder Property pursuant to this Resolution and to take, all other lawful actions necessary to corhpletc the acquisition, offering and dis"p"osition of the Remainder Property as contemplated herein.. 1192023, t:©OC t SPONSORS: Councilors Sharp and Carter Passed by the Common Council of the City of Carmel, Indiana this L -day of c 2008, by a vote of 7 ayes and 0 nays. AI"fI3S"jfl ?- Diana L. Cordray, IAMC, Clerk- \1-J Presented by me to the Mayor of the City of Carmel, Indiana this 1(0, ay of jo ?tLfCjr-t 2008, at ) 1".CY9 M. Diana L. Cordray, IAMC, Clerk-Tr Curer Approved by me, Mayor of the City of Carmel, Indiana, this 8 day of ???rvr.?t2}?. 2008,at.11:Q,-A.M. Ja s Brainard, Mayor ATTEST Prepared by Tammy K. Hancy, Bose McKinney & Evans LLP, I I I Monument Circle, Suite 2700, Indianapolis, Indiana 46204 1192023_1.DOC COMMON COUNCIL FOR THE CITY OF CARMEL 6 SPONSORS: Coirncilcrs Sharp and Carier Eihibit A Legal Description ofuthe Remainder Property Lot Numbered' 12 and 15 feet by,paralteI lines: off'the,South side of Lot-Nurn be red `1`1 and 10 feet by parallel lines off the North side of Lot Number 13 in Penn-View' Heights, First, Section, an addition in Hamilton Courty,-Indiana, as! per plat'thereof, recorded in Deed Record 139, pages 355-356 in lhe.Office, of,the.Reccrde.r of Hamilton Courity'lndiana. Excepting, Twenty-fve•(25) feet, taken'by, paralleIJines, off the,entire west side of the described'property. 1182023_ I. DOC. EXHIBIT B RESOLUTION NO. cA0 D - -7 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION RATIFYING AND APPROVING THE SALE OF CERTAIN EXCESS REAL PROPERTY ACQUIRED IN CONNECTION WITH A PUBLIC RIGHT-OF-WAY PROJECT WHEREAS, the City of Carmel Redevelopment Commission (the "Commission"), governing body of the City of Carmel Department of Redevelopment (the "Department"), pursuant to a 2006 Bond for public road improvements specifically including Project No. 06-18 (Pennsylvania Street-103`a to 106'h Streets) (the "Project"), has certain rights regarding the real property acquired for the Project; and WHEREAS, as part of the Project, the City of Cannel, Indiana (hereinafter, the "City") acquired certain property located at 10407 and 10409 Pennsylvania Street in Carmel, Indiana (the "Property") for the purpose of expanding Pennsylvania Street; and WHEREAS, only a portion of the Property is necessary for right-of-way for the Pennsylvania Street expansion (the "Right-of-Way Area"); and WHEREAS, the Property excluding the Right-of-Way Area (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 WHEREAS, the City, by and through its Board of Public Works and Safety (the "BPW"), pursuant to Resolution No. 08-20-08-01 and Resolution No. 08-20-08-02, both of which were adopted August 20, 2008 (the "BPW Resolutions"), approved the sale of the Remainder Property subject to (i) certain conditions set forth in the BPW Resolutions, (ii) the approval of the sale of the Remainder Property by the Common Council of the City of Carmel, Indiana, and (iii) the approval and ratification of the sale by any other applicable municipal entity including the City.of Carmel Redevelopment Authority and/or the Commission. NOW, THEREFORE, BE IT RESOLVED by the Commission, governing body of the Department, as follows: 1. The sale of the Remainder Property is hereby ratified and approved pursuant to the terms and conditions of the BPW Resolutions. 2. - The Commission hereby designates. the BPW as its agent for purposes of completing the sale of the Remainder Property. 1183380_I.DOC Resolution of The Board of Public Works and Safety ADOPTED this 20`h day of August, 2008. CITY OF CARMEL IMMEVELOPMENT COMMISSION s'idle1nt VV Vice Presiden (vv Secretary Me r rMem Lb ?4 Tx ber 1I83380_1.1)OC p u EXHIBIT A LOtNulnbered 12 and f5 feet by parallel lines'off,the Soutli side,ofLot Numbered l and 10 feet by parallel lines off the, North side of Lot Numhcr 13. in Perin-View I-Teights, First Section, an addition in Hamilton County,, Indiana, as. per plat thereof, recorded in Deed'Record, 139, pages 355-356 in-the-Office of'<die Recorder of Hamilton County Indiana. EXCEPTING,,Twenty-five (25) feet, taken by parallel lines, off the entiie west side, of the described property. ,AS WELLAS THE FOLLOWING PROPERTY: Lot-Number 13 in Penn-View Heights, First Section an-addition in Hamilton County, Indiana per plat thereof, recorded in Deed_ record 139, pages 355-356 in"tbie Office of, the, Recorder of I-Ianulion County,. Indiana. and the North Half'of vacated 104`: Street, being 25 feet.in width by parallel lines tuith the South Iine; of said Lot';Number 13, "recorded November 16, 1965 in Misce11aneous.Record`87, Page I00'in the Office;ofthe Recorder of sai&County:,EXCEPT, 10 feet by parallel l ues.off the entire North side, of Lot;Number 13 in Penn-View Heights. ALSO EXCEPTING, Twenty-five (25) feet, taken by parallel lines, off the entire-west..side of.the deseribed'proporty. II oo7 t9 -t.noc RESOLUTION NO. 08-20-09-02 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") acquired certain property located at 10407 and 10409 Pennsylvania Streetin Carmel, Indiana (the "Property") for the purpose of expanding Pennsylvania Street: and WHEREAS, only a portion of'the Property is necessary for right-of-way for the Pennsylvania Street expansion (the "Right-of=Way Area") and WHEREAS`; the Property excluding the Right='of-Way Area (the "Remainder Property-) is not needed for any other public purpose,•and WHEREAS, the legal. description of the Remainder Prop&tj 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 "WW") hereby 'makes,the following findings: The foregoing Recitals are,incurporated.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 P.ropertyishall be sold pursuanvto I.C. 3G-1-11-3:. 3. The sate of the Remainder Property shall be conditioned upon any necessary approval, and/or,ratification of the sale by°any other applicable municipal entity including the City of Carmel Redevelopment Authority and/or the City of Carmel Redevelopment Commission. 4.. Tlie,purchase price for thvRemainder.Ptopertyshall not be less than 51$0,000.00; adjusted by reasonable and customary closing-costs, and other expenses incurred by the City as,a result of such sale. 5'. The BPW hereby designates Steve Engelking: Director of the Department of Administration for the City of Carmel, 3ndiana as its agent for purposes of completing!the disposition of thelemainder Property. `Steve. 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 otlier lawful actions necessary to complete the; offering and disposition of the Remainder Property.as`contemplated herein -1100719_! DOC Resolution of The Baard.ofPublic Works'and Safety PASSED by`the Board of Public Works and. Safety of,the•City of'Carmel, Indiana;, this day of August; 2008, by a vote of 13 ayes and a;? nays: CITY OF CARMEL, INDIANA By and through its Board-of Public Works and Safety amen Hrli STATE.OE 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, bv, me know 'Co,th?Mrrberof s•J n6 the City of Carmel Board of Public Works and Safety; and tana. . Cor r`ay, "Clerk-l&reasurer of the City'of Carmel, .- ho ackiiowledge_d the execution of-the foregoing "ResoJuiion" on behalf of theCity of Carmel, Indiana. Witness-my hand and Notari'af,seal this l day of August; 2.009 Commission Expiration: /? 09 Notary Public Signature nft ?AJiS County of Residence: '{A-In4lAyr, Notary Public - Printed 1100714 bUOC 2, EXHIBIT A Lot Numbered 12 and 15 feet by parallel lines off the South side of Lot Numbered I I and 10 feet by parallel lines off the North side of Lot Number 13 in Perri-View Heights, First Section, an addition in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139, pages 355-356 in the Office of the Recorder of Hamilton County Indiana. Excepting, Twenty-five (25) feet, taken by parallel lines, off the entire west side of the described property. 1100719 1. DOC