HomeMy WebLinkAboutBPW-11-17-10-01 Intergovernmental Transfer of Property RESOLUTION NO. 11- 17 -10 -01
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, REGARDING THE
INTRAGOVERNMENTAL TRANSFER OF REAL PROPERTY
WHEREAS, the City of Carmel, Indiana (hereinafter, the "City together with Clay
Township of Hamilton County, Indiana "Clay Township as joint tenants and not as tenants in
common, owns certain real estate generally located at 106 Street and Shelbourne Road in
Hamilton County, Indiana (the "Property upon which is located a fire station; and
WHEREAS, the City has entered into an Interlocal Agreement Between the City of
Carmel and Hamilton County Concerning the Expenses from the Thomson Consumer
Electronics, Inc., Clay Township Economic Development Area, and the Issuance of Bonds and
Payment of Expenses from the 96 Street US421 Economic Development Area dated as of
May 24, 2010 (the "Agreement pursuant to which Hamilton County will construct local public
improvement projects including the construction of a roundabout at 106 Street and Shelbourne
Road.
WHEREAS, a portion of the Property is necessary for right -of -way for the construction
of the roundabout at 106 Street and Shelbourne Road pursuant to the Agreement (the "Right of
Way Property and
WHEREAS, the legal description of the Right of Way Property is set forth on Exhibits A
and B attached hereto; and
WHEREAS, Indiana Code Section 36- 1 -11 -8 authorizes the transfer of property between
governmental entities upon terms and conditions agreed upon by the entities, as evidenced by the
adoption of a substantially identical resolution by each entity.
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. The transfer of the Right of Way Property shall be by quitclaim deed and the City,
Clay Township and Hamilton County shall execute all other usual and customary
conveyance documents. The Right of Way Property shall be conveyed in
consideration of the work to be done under the Agreement and for no additional
consideration.
3. The parties shall take all steps necessary to effect the transfer of the Right of Way
Property as provided herein. Such transfer shall take place upon the adoption of
resolutions by Clay Township, Hamilton County and upon such actions of the
City of Carmel as are required by law.
1749492v2
Resolution of The Board of Public Works and Safety
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 transfer of the Right of Way Property. Steve Engelking is hereby
authorized to execute all documents required in connection with the transfer of the
Right of Way Property pursuant to this Resolution and to take all other lawful
actions necessary to complete the transfer of the Right of Way Property as
contemplated herein.
1749492v2 2
i
Resolution of The Board of Public Works and Safety
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
/.7 ay of 1'1 =0V.e m 0.er, 2010, by a vote of 3 ayes and /5 nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety
By: sik -e-t-
James Brainard, Presiding Officer
Pate: -/7- r
M.r A Bur e Member
Date: i 7 /t
Lori Watsonj r
Date: hi 17 1 i0
ATTEST:
4-
iana L. Cordray, IAM Clerk- Treasurer
Date: 7 0
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, SdnA. bV me known to be the Members of
the City of Carmel Board of Public Works and Safety, and Cierr- Treasurer of
the City of Carmel, who acknowledged the execution of the foregoing "Resolution" on behalf of
the City of Carmel, Indiana.
Witness my hand and Notarial Seal this "t day of 1 4 1 1 2010.
1,
Commission Expiration: lili 7 Notary Public Signature
C aryl, O\J3
County of Residence: -t\A kt '1 Notary Public Printed
1749492 v2 3
EXHIBIT A
A pact of the Southeast Quarter of Scion 6, Township 17 North, Range 3 Bast, Hamilton County,' Indiana,
acid being that part a£tbc grantors' land lying Wi t fight- ofiway depicted on the attached Right Way
Parcel Plat marker. E?thibit l3 described as follows: Commencing at the southeast corner of said Southeast
Quarter; thence South 89 degrees 38 tr tunes 5I seconds West assumed bearing) along the south line of said
Quarter a distance of 39:.77 feet; thence North 90 degrees 21 minutes 09 Seconds West perpendicular to said
south Erie a distance of 40.00 feet; thence South 89 degrees 38 n innutes 51 seoonds West (assumed bottling)
parattei witth, the south line of 'said Quarter a distance of 395.01 fret (the foregoing portion of this description
beginning with the wo;4s "Coimtc Icing at" is mtot from Instrument Number 200100054751) to the
prolonged west line of the grantors' land; thence North 00 degrees 02. minutes 44 seconds East 20.00 feet
along suidprolongcd west line to the southwest corner Of the grantors' land and the point of beginning of this,
des ription, which point of beginning is on the north boundary of 106 Street: thence continuing North 00
"degrees 02 minutes 44 Sceands East 2,53 along the west line of the grantors' land to the point designated
2010 on said Exhibit {13% thence North 89 degrees 43 minutes 21 seconds fiast:2.85,31 felt to the point.
designated 2011 on. said. Exhibit 'B "i thence North 44 degrees 57 minutes 56 siw ds East 126.34 feet to the
point dolignatcd 2012 on. sai'd Exhibit t1:ezice North 00 degrees 01 u nute.s. 02 seconds West '50.00 feet
to the point designate; 2013 on said. Exhibit "B"; thence North 89 degrees 38 /hinutes 513 seconds East 0.5$
feet to the point designs
esignated 2014 on said Exhibit j ":13 11 on the west boundary of 5helboursre Road;. thence
Satsth.00 degrees 03 minutes 14 seconds West 41137 feet along the bonodary of said. Shelbo to Road to the
northwestern bci -idery of the intersection pf said She1bourne Road and said 106 Sit; thence South.
1749492v1
Resolution of The Board of Public Works and Safety
.E tai; T 4
Pxiject PR- 48-0002 Shea 2 of 2
arcelt 10 FEB
44 degrees 52 minutes 37 stconds West 70.95 feet along the bot3ndaiy of tho intersection of said Shelburne
Road and said 106' Street tathe south boundary of said 10e Street thence South 89 degrees 42 minutes 29
seconds West 325,01 feet along said south boundary to the point of beginning anki containing 0.06 acres,
more or less.
1749492v2 5
Resolution of The Board of Public Works and Safety
EXHIBIT "B" SHEET 1 OF 2
GSIT --•CE -WAY PARCEL PLAT
Prepared ;or BOID11.tan Cayntp Beard Qf Commtesinnere a Id' as N
by The Carr ,iliac Grov.p. leke, S eb. OUR)
SCAM 1" 4'
3
/eT•TOW AV..4= zG /zAC
2013
iY•47 keelfW64.S 1161
fellink' X Thr 7 YO,` 24/.2 C
4 ✓4SC7�4 T/N 'l
+l A9010 5Il424 GD`G�i ;70011 ox. c 5411,17, 4
2o/I
1
4
L
/n
•454
ts al'
-(21 434,20
f f -f---- 7h
/L 57,
PARCEL f-1 0 OW NER cirr OF CAgM4fI, INDIANA ET AL
PPOJEgT A1). Pn 0B 0002 DRAWN BY:G. f4fY£,e.5 161/1 7/05 CHECKED BY:L L- i JG /47/20t7
ROAD NAME I OGTtf 5T C ODE NO,:
1. CO UN I Y ftAt tL rohr R&TcHEb AREA is TH fh5TR. NO 2 10002 1 f 4C, DATED 3/29{O I
SECTION Af9PR4xQ?4Il WING 1Ig3T PIt], 200 0o34 73. DATED 9IFJf71
T:341 K &H1P y, It5TR. NO 2061 54751, ,DATED 6'i0
(RANGE .E.
6
1749492v2
Resolution of The Board of Public Works and Safety
EXHIBIT "13" 'sum g of 2
ooROIN4TZ" Gixfs7 fPR #/W PARCEL MAT
Panrr Sr417av otter woRrr E4s7
2ao +rIf4 +74.4521 40.000 1703719.1505 171.525.2555 'rP. A"
2010 4rl¢41 +73,5351 -59.00o 1705754.1500 1$ ID2233.' 70 711:
2011 444$1;7.000 .44.0017 17097955 3C0 t 7F1.-
2012 62400.000 61.000 1709624.9249 172202.6898
20 .02 +0:000 -6I MO 1709074.921943 172202.6747 rt-e'
2014 G2 +.50,000 AIr.rxmit. 0.4197 090714.9244 1 7 2205,x}973 •rr-EP
SURVEYOR STATEMENT
Ta the best of my owledye and bead, ihia plot, together with the
tarrtzlion Centro] Rate Sareo Plot reeiuded ae Ine r, Fla, 1.0118Q1.75:54 e ty 9Yez
In the °Mee al the Retarder of iibn Collory l;adia4a (inoorpprotee and
Made a part hereof 6 f y reference campdse 'a Route Surrey execa ed
Indi
in aetordamee 141,> ana Mntiroslrotite Code 8ES tbL' 3 42, (`Rule in. E.* 44.0%417
rrAirff Of
Ceny C. 44 Polo Vilit:7
1G1Yi111�
1 74 9492 v2 7
EDIT "A"
Prtaitzt &.cotY si t2 of t
44 degrrcs 52 minutes 37 sed West 7U...95 fed along the bottmlny aft ioteMetion of said Sherooulue
R.044:1. Bad said 10e. Sired to Ile south buundery of id 1006 scat thence Soul 69 degrees 42' minutes 29
seeouds West 325.01 feat along gaits sow trowilaTy to the point of beg aii4 cOritglidu$ tW86 wxes,
senor -or less:
"t B z t SET i OF
RIG HT- OF7WAY PAECEL PLAT
PrapAred ;ur g4zLltaa CoH>sty lIQard 1 mi not ri
by This r%>,rvkatac Gros p. t ab ts S u a
SCUM x"
A'sa 4 AC
20/4
.0ar,1
Kgreemesem.xv.ariN Az
n t 'a crirr7r� awe
2010 1. i', 1 511,trt ik vci AC
st
T! 17Lri'GT f
MO 201 1 '4 I 3O! �T _:A�i� r i
1� x£11
1 a fr ,35 L
45 i
3 9.3:01'g� 00
PF,Rfr4L f40. 1 0 OWNER i C7]-Y OT CARO ft, INDIANA e7' AL
J`
P ROwt3,^T N4.: FR- 073 -0o0 6.
hl{AWN SY:F tt4lTk.5 JG✓J Ti1 GHSOKEP 8Y_6.L_)0.6V IQ' i
R OAD RAMC' 1.00T11 5T COPE. No,: I
COUNTY ttA1 r dIL rat' HATCHED AREA 15 1I1 INSTR., C30100021I4a DATE 3l250i
S GT19.f•! 11 S 1tATE Tt�!{ING I Itvs tp 2n Cop4 *G73, °Ai� v.) *Ivoi
TO WN$}flP 1 7IV, I I -14 2Q0 /47.00547.5 a,.PA�eb8IMI
4z0Q827/M4r G RT ftJR R lf PAR= PWr
FONT S7ATh V OPF T Nm £457
+rit4 +7B t}' -404»a b7O 71fS.1SO 1714926.253 ''P.kr'
2010 taro e a t! 1%dl f4■Za a
201 1 t +157'.DO0 1 7 1 5 l;G I 1
7171 G 61 1 I Pl5?
201 -6i2.6.51T 0 41.0.20 1 172 247417 4
2014 4 CT i. qpt 16 7( 547 40 4 1 72 -.3 '975 'rr-B'
.RV O R STATEMEi T wolt
TIT the bolsi of Mt Ksat3le ar:;4 boW, ttuy pest,�tt r wig iiie I
Y:o4itipp cob -174 PAtio tvrtoy* •Plat,' rostid as 1917 '240i31417 cp+�
in itin Witt of the Flatosddr of bn Cu n
n i diann No, I
Made a art hatot 6y warecs;i 'aa a uivay tAtitIf f
in •o rxa Ail f ndJana PAni nn Coda t iriL' 1-12, 'i 91Te C2'}. t C+44a➢ Oft
•Fillin Of
all. k• F
RESOLUTION NO. 2010- 10 -26 -01
A RESOLUTION OF THE TOWNSHIP BOARD
OF CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA
Regarding the Intergovernmental Transfer of Certain Property Interests
WHEREAS, the City of Carmel, Indiana (hereinafter, the "City together with Clay
Township of Hamilton County, Indiana (hereinafter "Clay Township as joint tenants and not
as tenants in common, owns certain real estate generally located at 106 Street and Shelbourne
Road in Hamilton County, Indiana (the "Property upon which is located a fire station; and
WHEREAS, the City has entered into an Interlocal Agreement Between the City of
Carmel and Hamilton County Concerning the Expenses from the Thomson Consumer
Electronics, Inc., Clay Township Economic Development Area, and the Issuance of Bonds and
Payment of Expenses from the 96 Street US421 Economic Development Area dated as of
May 24, 2010 (the "Agreement pursuant to which Hamilton County will construct local public
improvement projects including the construction of a roundabout at 106 Street and Shelbourne
Road.
WHEREAS, a portion of the Property is necessary for right -of -way for the construction
of the roundabout at 106 Street and Shelbourne Road pursuant to the Agreement (the "Right of
Way Property and
WHEREAS, the legal description of the Right of Way Property is set forth on Exhibits A
and B attached hereto; and
WHEREAS, Indiana Code Section 36- 1 -11 -8 authorizes the transfer of property between
governmental entities upon terms and conditions agreed upon by the entities, as evidenced by the
adoption of a substantially identical resolution by each entity.
NOW, THEREFORE, BE IT RESOLVED, that the Clay Township Board (the
"Board hereby adopts the following findings:
1. The foregoing Recitals are incorporated herein by this reference.
2. The transfer of the Right of Way Property shall be by quitclaim deed and the City,
Clay Township and Hamilton County shall execute all other usual and customary
conveyance documents. The Right of Way Property shall be conveyed in
consideration of the work to be done under the Agreement and for no additional
consideration.
3. The parties shall take all steps necessary to effect the transfer of the Right of Way
Property as provided herein. Such transfer shall take place upon the adoption of
resolutions by Clay Township, Hamilton County, and upon such actions of the
City of Carmel as are required by law.
Property and to execute all documents required in connection with the transfer of
the Right of Way Property pursuant to this Resolution, and to take all other lawful
actions necessary to complete the transfer of the Right of Way Property as
contemplated herein.
Adopted by the Township Board of Clay Township of Hamilton County, Indiana, this
26th day of October, 2010, by a vote of 2 ayes and 0 nays.
CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
C We-- Prts.,4.44-
Douglas allahan, Trustee Dr. James C. Dillon, Chairman
Paul K. Bolin, Secretary Mary Eckard, ember
EXHIBIT A
A. at of tho Southeast Quarter of Sin b, Townsiafp 17 l iottli, Ranger 3 East. liazoilteg Couaty,• Win;
arld helps that part ixithe lead bring wij iii the D&way 4t ii *cd on the attached Rightmo WaY
Paxeel .Plat marked Exhibit 13 described as follow Conottancing at the southAast corgi of saii. Southeast
quartet; thence South 89 degrees 38 minutes 5I seconds West (assumed bearing) alongte south line raised
Qtr a distance of 39.7' thence 1 7oxth PQ degrees 21 minutes 09 seconds Wet perpendicular to said
south line a distance Of 40.00 feet; thence South 89 degree 38 trees 51 semods West sn u d. hearing)
parallel with the south line of 'said Quarter a distance of 395.01 fixt (t$ e)rego cA aftw* descriptiai
inginiiinz with the woks 'eomznestci g a1" is- rusted fetal Instrutnect Number 20010 054751) to the
ptoitn ed west line a the grant:as' land; thence Neath D0 a ogr'ces 02. r bnrtes 44 seconds East 2400 fod
along s'aicl west line to the mcathg=t corner ofle grantors' and and the point a oft is.
descriptiab,
vilila.polot of 1aeghaning is on the north boundary c f 1 t?5 Street: Thence coiiti-a At g Worth 00
dews 02 zrxiuotes 44 seeoaci East 2.53' along the west line of the grantors' label to the point designated
ZOO on said ambit #Ep tktenue North 89 drgrtcs 43 rainutes 21 li=anas East 285 feet to fiber point,
desivated MI an said Exhibit "B (hence Noxth 44 degrees 57 minutes 56 .,eetfids East 126.34 feet to the
point designated 2012 on s un Exhibit 4 B" theme North OD degr s 01 .tunes. 02 seconds West `50.QO feet
to the point dtsigusled 2013 an sal Exhibit "ft thence-North 89 degrees .58' t.linutes 54 seconds East 0.5.8
feet to the point desiguated 2014 vat said Feat ')3 ea the west bo .d of 6hoibourne Road; thence
South, 00 degrees e minutes 14 sends West 91.37 fit along the boundary of said 8.helbou€i:e Road to the
northwestestn bettmtary of the in erseetion of said Sholhourne Road and said 106 Stmt; *Mae Mouth