10401 & 10403 Pennsylvania Resolutions Allowing Sale of PropertiesSponsor: Councilor Snyder
RESOLUTION CC- 07- 07 -14 -03
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, REGARDING
TRANSFER OF REAL PROPERTY TO THIRD PARTY
WHEREAS, the City of Carmel, Indiana (hereinafter, the "City ") acquired certain
property commonly known as 10401 and 10403 Pennsylvania Street, Cannel, Indiana (tine
"Property ") for the purpose of expanding Pemnsylvania Street; and
WHEREAS, only a portion of the Property is necessary for the 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 o PExhibit A
attached hereto; and
WHEREAS, the sale of the Remainder Property was approved by the City's Board of
Public Works & Safety on March 19, 2014, as Resolution No. BPW 03- 19- 14 -06; ankh
WHEREAS, the sale of the Remainder Property was approved by the City'of Carmel
Redevelopment Commission on April 16, 2014, as Resolution 2014 -5, which Resolution is
attached hereto as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Carmel, Lndiana as follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The Common Council hereby approves the sale of the Remainder Property which shall be
sold pursuant to 1.C. 36- 1 -11 -4.
3. The purchase price for the Remainder Property shall not be less than One Hundred
Thirty -Eight Thousand Five Hundred and 00 /100 Dollars ($138,500.00) adjusted by
reasonable and customary closing costs and other expenses meurred by the City as result
of such sale.
4. The Common Council hereby approves the BPW designation of Steve Engelking,
Director of the Department of Administration for the City of Carmel, Indiana, as its agent
for purposes of completing the disposition of the Remaining Property. Steve Engelking
is hereby authorized to execute all documents required in comiection with the disposition
of the Remainder Property pursuant to this Resolution and to take all other lawful actions
necessary to complete the acquisition, offering and disposition of the Remainder Property
as contemplated herein.
Resolved by the Common Council of the City of Cannel, Indiana, this 7 day of
2014, by a vote of (p ayes and
0
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
residing Officer
A
W. Erie S densticker Council
nald E. Carter
President
V 0 % ��` Kasen t
Sue Finkam
ATTES
Diana L. Cordray, IAMC, Clerk -Treat er
Zevin D. Rider
Presented by me to the Mayor of the City of Carmel, Indiana this day of
, 2014, at M.
Diana L. Cordray, IAMC, C1er easurer
Approved by me, iVlatiYaor of the City of Carmel, Indiana, this
, 2014, at$ 4i tr.
ATTEST:
-`- �, tees
Diana L. Corday, IAMC, Clerk -Trea firer
gi, 1 1 4 Au.._:/
Ja es Brainard, Mayor
This resolution was prepared by Tammy K. Haney, Attorney, Keller Macaluso LLC.
EXHIBIT A
LEGAL DESCRIPTION
Land situated in the County of Hamilton, State of Indiana, is described as follows:
Lot Number 13 in Penn -View Heights, First Section, and the North Half of vacated 104th
Street, being 25 feet in width by parallel lines with the South line of Lot Number 13 in
Penn -View Heights, First Section an Addition in Familton County, Indiana, as per plat
thereof, recorded in Deed Record 139, pages 355 -356 in the Office of the Recorder of
Hamilton County, Indiana. Except 10 feet by parallel lines off the entire North side of Lot
Number 13 in Penn -View Heights. Further excepting therefrom Twenty -five feet, taken
by parallel lines off the entire west side of the described property.
This resolution was prepared by Tammy K. Haney, Attorney, Keller Macaluso LLC.
10401 and 10403 Pennsylvania Street
RESOLUTION NO. 2014 -5
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 pubic road improvements specifically including Project No. 06 -18
(Pennsylvania Street —103'd to 106°i Streets) (the "Project "), has certain rights regarding the real
property acquired for the Project; and
WHEREAS, as part of the Project, the City of Carmel, Indiana (hereinafter, the "City")
acquired certain property located at 10401 and 10403 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. 03- 19- 14 -06, which was adopted on March 19, 2014 (the
"BPW Resolution "), approved the sale of the Remainder Property subject to (1) certain
conditions set forth in the BPW Resolution, (ii) the approval of the sale of the Remainder
Property by the Common Council of the City of Cannel, Indiana, and (iii) the approval and
ratification of the sale by any other applicable municipal entity including the City of Cannel
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 approves the BPW designation of Steve Engelking, Director of the
Department of Administration for the City of Cannel, Indiana, as its agent for purposes of
completing the disposition of the Remaining 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 other Lawful actions
10401 and 10403 Pennsylvania Street
necessary to complete the acquisition, offering and disposition of the Remainder Property
as contemplated herein.
ADOPTED this Hp* day of Apia , 2014
CITY OF CARMEL
REDEYE OPMENT COMMISSION
President
1t t hus.
Vice President
hot pi-ex./1r
Secretary
Member
10401 and 10403 Pennsylvania Street
EXHIBIT A
LEGAL DESCRIPTION
Land situated in the County of Hamilton, State of Indiana, is described as follows:
Lot Number 13 in Penn-View Heights, First Section, and the North Half of vacated 104th
Street, being 25 feet in width by parallel lines with the South line of Lot Number 13 in
Penn -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. Except 10 feet by parallel lines off the entire North side of Lot
Number 13 in Penn -View Heights. Further excepting therefrom Twenty -five feet, taken
by parallel lines off the entire west side of the described property.
10401/10403 Pennsylvania St
RESOLUTION NO. BPW 03- 19 -14 -06
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
commonly known as 10401 and 10403 Pennsylvania Street, Carmel, Indiana (the "Property ") for the
purpose of expanding Pennsylvania Street; and
WHEREAS, only a portion of the Property is necessary for the 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
NOW, THEREFORE, BE IT RESOLVED, that the City of Carrnel, Board of Public Works and Safety
( "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
Carrnel, Indiana, the Remainder Property shall be sold pursuant to I.C. 36- 1 -11 -4.
3. The sale 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 Carrnel
Redevelopment Authority and /or the City of Carmel Redevelopment Commission.
4. The purchase price for the Remainder Property shall not be less than One Hundred Thirty -Eight
Thousand Five Hundred and 00 /100 Dollars ($138,500.00) adjusted by reasonable and customary
closing costs and other expenses incurred by the City as result of such sale.
5. 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
Remaining 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 other lawful actions necessary to complete the acquisition, offering and disposition of the
Remainder Property as contemplated herein.
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 19th day of
March, 2014, by a vote of ayes and nays.
STATE OF INDIANA )
) SS.
COUNTY OF HAMILTON )
CITY OF CARMEL, INDIANA
By and through its Board of Pu. is Works and Safety
By
ames Brainard, Presiding Officer
Date:
n
Mary A
Date:
n Burke, Member
Lori Watson;
Date:
ATTES':
Diana L. Cordray, I
Date: 3'
Clerk- Treasurer
Before me, a Notary Public in and for saki County and State, personally appeared Mayor James
Brainard, Mary Ann Burke, Lori Watson, by me known to he the Members of the City of Carmel Board of
Public Works and Safety, and Diana L. Cordray, Clerk- 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 19th day of March, 2014.
- (.4lirne)
Commission Expires:
County of Residence:
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CLtrw,�—
Notary Public Signature
e , A ,940gvi.s
Notary Public - Printed
•
Resolution of The Board of Public Works and Safety
EXHIBIT A
LEGAL DESCRIPTION
Land situated in the County of Hamilton, State of Indiana, is described as follows:
Lot Number 13 in Penn -View Heights, First Section, and the North Half of vacated 104th
Street, being 25 feet in width by parallel lines with the South line of Lot Number 13 in
Penn -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. Except 10 feet by parallel lines off the entire North side of Lot
Number 13 in Penn -View Heights. Further excepting therefrom Twenty -five feet, taken
by parallel lines off the entire west side of the described property.
f'