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HomeMy Public PortalAbout003-2011 - BOW RESOLUTION EDC - Webb _final_BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA RESOLUTION NO. 3 -2011 A RESOULUTION AUTHORIZING THE SALE OF REAL ESTATE WHEREAS, The Board of Public Works and Safety ( "Board ") is the disposing agent for real property owned and to be transferred by the City of Richmond, Indiana ( "City ") pursuant to the provisions of Indiana Code (IC) 36 -1 -11, et. Seq. (The "Act "); and WHEREAS, The City of Richmond, Indiana (the "City ") desires to encourage the development of business enterprises along the North Seventh Street corridor which connects the Central Business District and the Depot District; and WHEREAS, It is the primary purpose of the Economic Development Corporation of Wayne County, Indiana to assist government in planning and implementing economic development projects; and WHEREAS, The City has requested the assistance of the Economic Development Corporation of Wayne County, Indiana in furthering the economic development of the North Seventh Street corridor; and WHEREAS, The Economic Development Corporation of Wayne County, Indiana has entered into a Real Estate Purchase Agreement with Rick E. Webb and Carol J. Webb, husband and wife, ( "Purchasers ") for the sale of a parcel of real estate containing a parking lot located at 128 North 7 th Street and containing 0.069 acres for the purchase price of Three Thousand Dollars ($3,000.00), a copy of which Purchase Agreement is attached hereto as Exhibit A; and WHEREAS, To complete the transaction it is necessary that the City transfer the 0.069 acre parcel to the Economic Development Corporation of Wayne County, Indiana; and WHEREAS, Upon sale of the 0.069 acre parcel to Rick E. Webb and Carol J. Webb, husband and wife, the Economic Development Corporation of Wayne County, Indiana will remit the purchase price, without deduction of the cost of deed preparation and recording transfer costs, to the City, which costs shall be borne by the Purchaser; and Page 1 of 3 WHEREAS, A Special Warranty Deed, attached as Exhibit B, has been prepared to convey the above - referenced real estate described in Exhibit A to the Economic Development Corporation of Wayne County, Indiana; and WHEREAS, The City of Richmond additionally wishes to retain a right of first refusal as set forth in the Purchase Agreement in the event Purchasers or Purchasers' successors or assigns desire to transfer the Subject Real Estate to a third party; and WHEREAS, Rick E. Webb and Carol J. Webb, as Purchasers would, prior to or contemporaneously with the consummation of the Purchase Agreement, grant the City of Richmond an Option to Exercise Right of First Refusal to Purchase the Subject Real Estate ( "Option ") a copy of which Option is attached hereto as Exhibit C. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of Richmond, Indiana, that said Board approves the following documents associated with the transfer of the 0.069 acres to the Economic Development Corporation ( "EDC ") of Wayne County, Indiana, and the subsequent transfer to Rick E. Webb and Carol J. Webb: 1. Real Estate Purchase Agreement between the Economic Development Corporation of Wayne County, Indiana and Rick E. Webb and Carol J. Webb (attached hereto as Exhibit A); and 2. Special Warranty Deed conveying the 0.069 acre parcel from the City of Richmond to the Economic Development Corporation of Wayne County, Indiana (attached hereto as Exhibit B); and 3. Agreement Granting Option to Exercise Right of First Refusal to Purchase Real Estate between the City of Richmond and Rick E. Webb and Carol J. Webb (attached hereto as Exhibit Q. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of Public Works and Safety of Richmond, Indiana, that said Board approves, subject to the requirements necessary for the conveyance of said property, with said requirements to be determined and approved by the Law Department of the City of Richmond, the conveyance of the 0.069 acre real estate parcel described in the attached Exhibit A and Exhibit B to the Economic Development Corporation of Wayne County, Indiana for subsequent sale to Rick E. Webb and Carol J. Webb, husband and wife, for the gross sales price of Three Thousand Dollars ($3,000.00), with the purchase price, without deduction of the cost of deed preparation and recording transfer costs, to be remitted by the Economic Development Corporation of Wayne County, Indiana to the City of Richmond after closing. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of Public Works and Page 2 of 3 Safety of Richmond, Indiana, that the Board President, Vicki Robinson, for and on behalf of the City of Richmond, Indiana, acting through its Board of Public Works and Safety of Richmond, Indiana, be authorized to sign the Special Warranty Deed conveying the 0.069 acre parcel of real estate set forth in Exhibit B to the Economic Development Corporation of Wayne County, Indiana, and to sign any and all other documents necessary or required to effectuate the sale and transfer of the real estate described in Exhibit A to the Economic Development Corporation of Wayne County, Indiana. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of Public Works and Safety of Richmond, Indiana, that the City Attorney, Walter S. Chidester, or the Assistant City Attorney, Kimberly A. Vessels, and Mayor, Sally L. Hutton, be authorized to take all other action necessary (including, but not limited to, signing any and all documents) to effectuate the sale and transfer of the 0.069 acre parcel of real estate described in Exhibit A to the Economic Development Corporation of Wayne County, Indiana in order that the Purchase Agreement attached as Exhibit A be consummated. THIS RESOLUTION IS ADOPTED THIS 23 DAY OF June , 2011. City of Richmond Board of Public Works and Safety S/S Vicki Robinson_ Vicki Robinson, President S/S Dian Lawson Dian Lawson S/S Anthony L. Foster, II Anthony L. Foster, 11 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Page 3 of 3