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HomeMy Public PortalAbout003-2005 - authorizing transfer of Elder Beerman property).BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA RESOLUTION NO. 3 -2005 A RESOLUTION AUTHORIZING THE TRANSFER OF LAND WHEREAS, The Board of Public Works and Safety of Richmond, Indiana ( "Board ") is the disposing agent for real property owned and to be transferred or acquired by the City of Richmond, Indiana ( "City ") pursuant to the provisions of Indiana Code (IC) 36 -1 -11, et. Seq. (the "Act "); and WHEREAS, On March 14, 1973, the City of Richmond, Indiana, entered into an Indenture of Lease between the City of Richmond as Lessor and The Elder - Beerman Stores Corp. as Lessee concerning real estate located at 601 East Main Street, Richmond, Indiana, said real estate containing approximately 1.5019 acres; and WHEREAS, the real estate located at 601 East Main Street, Richmond, Indiana, containing approximately 1.5019 acres, more or less, is owned by the City of Richmond, Indiana, by virtue of a Warranty Deed recorded on February 28, 1969 in Deed Book 344 page 205 of the records of the Recorder of Wayne County, Indiana, and a legal description of said real estate is attached hereto and incorporated herein by reference as Exhibit "A "; and WHEREAS, said March 14, 1973 Indenture of Lease was for a period of thirty (30) years and, in Section 9.1 of said Indenture of Lease, Lessee The Elder - Beerman Stores Corp. had the option to purchase, for an amount of money sufficient to retire the outstanding revenue bonds (issued on account of the construction of said facility) and the payment of all expenses necessitated thereby, the subject real estate set forth in Exhibit "A ", at which time Lessor City of Richmond would convey to Lessee good and marketable to the property; and WHEREAS, The Elder - Beerman Stores Corp. has complied with all provisions and requirements of the March 14, 1973 Indenture of Lease between the City of Richmond and The Elder - Beerman Stores Corp., including, but not limited to, the retirement of all outstanding revenue bonds issued for the construction of a facility on the subject real estate, and the payment of all expenses necessitated thereby, and is entitled to have the real estate described in Exhibit "A" transferred to it WHEREAS, The Elder - Beerman Stores Corp. is duly authorized to take all action. and has properly and timely exercised its option to purchase the subject real estate set forth in Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of Richmond, Indiana that said Board approves the transfer of the land described in attached Exhibit "A" to The Elder - Beerman Stores Corp. for the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged. THIS RESOLUTION IS ADOPTED THIS day of December, 2005. Board of Public Works and Safety of Richmond, Indiana John P. Kenny, Chairman Dian Lawson Mary Jo Flood EXHIBIT "A" Being Lots 105, 106, OM 288 and 289, and part of Lots 109, 150, OM 290 of John Smith's Addition, and Lot 1 and part of Lot 2 of Caleb Bond's Addition to the City of Richmond, Wayne County, Indiana, and more particularly described below: Commencing at a monument at the Southeast corner of 7 th & Main Street; thence south 0 degrees 0 minutes and 0 seconds east 278.00 feet along the monument line; thence north 89 degrees 58 minutes 00 seconds west 61.000 feet to the place of beginning of this description: thence north 0 degrees 0 minutes 0 seconds east 97.00 feet along the west right -of -way line of South 7 th Street to a point on the south side of an alley; thence north 89 degrees 58 minutes 00 seconds west 82.051 feet along the south line of said alley to a point; thence north 0 degrees 3 minutes 47 seconds west 18 1. 000 feet to a point on the south line of Main Street; thence north 89 degrees 58 minutes 00 seconds west 193.550 feet along the said line to a point; thence south 5 degrees 21 minutes 0 seconds west 279.201 feet along the east right -of -way line of South 6 th Street to a point; thence south 89 degrees 58 minutes 00 seconds east 301.833 feet to the place of beginning, containing an area of 1.5019 acres, more or less.