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HomeMy Public PortalAbout006-2013 - Salisbury Road - Wayne County - east side of fairgRESOLUTION 6 -2013 A RESOLUTION FOR THE CITY OF RICHMOND, INDIANA TO ACCEPT THE CONVEYANCE OF CERTAIN REAL ESTATE FROM THE WAYNE COUNTY BOARD OF COMMISSIONERS TO THE CITY OF RICHMOND, INDIANA 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, The Board of Commissioners of Wayne County, Indiana ( "Commissioners ") is the disposing agent for real property owned and to be transferred by Wayne County ( "County ") pursuant to the provisions of Indiana Code 36 -1 -11, et. Seq. (the "Act "), and WHEREAS, City is engaged in a project ( "Project "), number 0800343, for road widening on Salisbury Road, Richmond, Indiana, and needs to acquire certain real estate parcels for the Project; and WHEREAS, County owns certain real estate that abuts the current right-of-way of a portion of the Project on Salisbury Road; and WHEREAS, The real estate known as Parcel 14, which is real estate that County owns that abuts the current right -of -way of a portion of Salisbury Road is more particularly described in Exhibit "A ", which is attached hereto to this Resolution and incorporated herein by reference; and WHEREAS, The real estate known as Parcel 15 that County owns that abuts the current right -of -way of a portion of Salisbury Road is more particularly described in Exhibit "B ", which is attached hereto to this Resolution and incorporated herein by reference; and WHEREAS, Commissioners, on behalf of County, are donating to City, for the consideration to be paid by the City to County for the sum of zero dollars ($0.00), the real estate known as Parcel 14 and is described in attached Exhibit "A ", and Commissioners are also donating without cost to the City, except as set forth below, the real estate known as Parcel 15 and is described in attached Exhibit "B "; and WHEREAS, It is in the best interest of the City of Richmond to accept from Commissioners the donation to City of Parcel 14 and Parcel 15 as described in Exhibit "A" and Exhibit "B ", respectively, as the acquisition of said parcels of real estate is essential to the initiation and completion of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF RICHMOND, INDIANA, that the City of Richmond, by and through its Board of Public Works and Safety, accepts the donation to City by the Commissioners, on behalf of Wayne County, Indiana, for the consideration to be paid by the City to County in the sum of zero dollars ($0.00), for the real estate known as Parcel 14, as described in Exhibit "A ", and for the real estate known as Parcel 15, as described in Exhibit "B ", in order that the subject real estate may be used by the City to initiate and complete the road widening Project on Salisbury Road, Richmond, Indiana. BE IT FURTHER RESOLVED that the President of the Board of Public Works and Safety of Richmond, Indiana, or her designee, be, and hereby is, authorized to take all action necessary to effectuate the transfer from Wayne County, Indiana to the City of Richmond, Indiana the real estate known as Parcel 14 as described in Exhibit "A" and the real estate known as Parcel 15 as described in Exhibit "B ". BE IT FURTHER RESOLVED that City agrees to accept Parcel 14 and Parcel 15 and all improvements thereon in their "as is /where is" condition without express or implied warranties of any sort, including warranty of title, passing from County to City pursuant to the conveyance(s) herein authorized. BE IT FURTHER RESOLVED that in order to complete the Project, City agrees to pay the costs of relocation of the existing electrical service utilities from their current location to a point approximately ten (10) feet therefrom and within the newly defined right -of- way of Salisbury Road as the same exists after completion of the Project. County, by its Commissioners, shall have the right to select or approve the City's selection of the contractor that will perform the utility service relocations herein described. BE IT FURTHER RESOLVED that County, by its executive department, shall adopt a similar counterpart resolution as that set forth herein embodying substantially the same terms of conveyance as set out herein, all as required by I.C. 36- 1 -11 -5 of the Act. This Resolution is duly passed and adopted this J /ay of February, 2013. CITY OF RICHMOND, INDIANA BOARD OF PUBLIC WORKS AND SAFETY if ✓mil I Vicki Robinson, President Dian Lawson, Member lqrF L PPR It (Sarah L. Hutton) Mayor EXHIBIT "A" PROJECT: 0800343 CODE: NIA PARCEL 14 Fee Simple Tax ID- 89 -15 -36 -000- 101.000 -030 A parcel of land situated in the Southwest Quarter of Fractional Section 36, Township 14 North, Range 2 West, Wayne County, State of Indiana, being described as follows: Commencing at the apparent Southwest corner of the Fractional Southwest Quarter of Section 36, Township 14 North, Range 2 West, Wayne County, Indiana; said point also being on the apparent easterly line of aforesaid Fractional Section 22 and Line "A ", said point also being P.O.T. Station 33 +48.81 Line "A" and P.Q.T. Station 10 +00.00 Line "S -1 -A "; thence North 10 degrees 28 minutes 54 seconds East, along said Line "A", also being the apparent centerline of Salisbury Road (60' r /w) and the apparent west line of said section, 657.44 feet, to P.O.T Station 40 +06.25 Line "A" and P.O.T. Station 10 +00.00 Line "S- 3 -A ', said point also being the apparent intersection of the centerline of said Salisbury Road with the apparent centerline of College Corner Road (65' rlw) ; thence North 11 degrees 02 minutes 16 seconds East, continuing along said Line "A ", also being the apparent centerline of Salisbury Road and the apparent west line of said section, 730.38 feet, to P.O.T. Station 47 +36.63 Line "A" and P.O.T. Station 10 +00.00 Line "S -4 -A ", also being the apparent centerline of Peacock Road (50' r /w) on the attached Right -of -Way Parcel Plat (Exhibit B); thence North 11 degrees 14 minutes 01 seconds East, continuing along said Line "A ", also being the apparent centerline of Salisbury Road and the apparent west line of said section, 1361.49 feet, to P.O.T. Station 60 +98.12 Line "A ", said point being the apparent southwesterly corner of Deed Book 379, Pg. 61 recorded July 21, 1975, in the Official Records, of the Office of the Recorder, Wayne County, Indiana, said point also being designated # 100 on the attached Right -of -Way Parcel Plat (Exhibit B) and the Point of Beginning; thence North 11 degrees 14 minutes 01 seconds East, continuing along said apparent centerline of Salisbury Road (60' r /w) also being the apparent west line of said section and the apparent westerly line of said property, 1382.87 feet, to an intersection with the apparent centerline of Crowe Road (50' rlw) on the attached Right -of -Way Parcel Plat (Exhibit B), said point also being P.O.T. Station 74 +80.99 Line "A ", and designated #101 on the attached Right- of-Way Parcel Plat (Exhibit B); thence continuing North 11 degrees 14 minutes 01 seconds East, along said apparent centerline of Salisbury Road, also being the apparent west line of said section and the apparent westerly line of said property, 9.43 feet, to P.O.T. Station 74 +90.47 Line "A ", said point also being designated #102 on the attached Right -of- Way Parcel Plat (Exhibit B); thence North 11 degrees 52 minutes 18 seconds East, continuing along said apparent centerline of Salisbury Road, also being the apparent west line of said section and the apparent Bonar Group Created by: GWN Owner: County of Wayne, Indiana G: \CommonlWalt \City- Richmond\Engineering & Public Works\2013 \Salisbury.Road.deeds& stuff2013\Pareel 14 Fee Simple.doe Last printed 2/18/2013 7:46:00 PM Page 1 of 3 westerly line of said property, 1236.44 feet, to P.O.T. Station 87 +26.91 Line "A ", said point also being designated #103 on the attached Right -of -Way Parcel Plat (Exhibit B) and the point of curvature of a 800.00' radius curve to the left, said curve being concave northwesterly, having a chord bearing and distance of North 08 degrees 09 minutes 47 seconds East, 103.49 feet; thence run northeasterly along said curve, an arc distance of 103.56 feet, to an intersection with the apparent centerline of Northwest L Street, said point being P.O.T. Station 88 +30.47 Line "A" and P.O.T. Station 10 +00.00 Line "S -6 -A" on the attached Right -of -Way Parcel Plat (Exhibit B), said point also being designated #104 on the attached Right - of -Way Parcel Plat (Exhibit B); thence South 89 degrees 32 minutes 06 seconds East, along said centerline, 141.05 feet, to P.O.T. Station 11 +41.05 Line "S -6 -A ", said point also being designated #105 on the attached Right -of -Way Parcel Plat (Exhibit B); thence South 00 degrees 27 minutes 54 seconds West, 42.88 feet, to an intersection with the apparent southerly right -of -way line of aforesaid Northwest L Street, said point also being designated 4106 on the attached Right -of -Way Parcel Plat (Exhibit B); thence North 89 degrees 58 minutes 42 seconds West, along said southerly right -of -way line, 111.59 feet, to an intersection with the apparent easterly right -of -way line of aforesaid Salisbury Road; said point also being designated #107 on the attached Right -of -Way Parcel Plat (Exhibit B) and the point of curvature of a 840.00' radius curve to the right, said curve being concave southwesterly, having a chord bearing and distance of South 09 degrees 35 minutes 16 seconds West, 66.40 feet; thence run southwesterly along said curve, an arc distance of 66.42 feet to a point, said point also being designated #108 on the attached Right -of -Way Parcel Plat (Exhibit B); thence South 16 degrees 00 minutes 09 seconds West, along said easterly right- of-way line, 48.30 feet, to a point designated #109 on the attached Right -of -Way Parcel Plat (Exhibit B); thence South 11 degrees 52 minutes 18 seconds West, along said easterly right -of -way line, 1187.81 feet, to a point designated #110 on the attached Right -of -Way Parcel Plat (Exhibit B); thence South I I degrees 14 minutes O1 seconds West, continuing along said easterly right-of-way line, 1386.28 feet, to an intersection with the apparent southerly line of aforesaid property, said point also being designated #111 on the attached Right - of -Way Parcel Plat (Exhibit B); thence South 89 degrees 53 minutes 35 seconds West, along said southerly line, 30.62 feet, to the Point of Beginning containing 2.000 acres of land (including 0.766 acres of Present Existing Right-of-Way). This description was prepared for the City of Richmond by Charles L. Bevington, Indiana Registered Land Surveyor #29600007, on the 4 day of August, 2011. Charles L. Bevington Bonar Group Created by: GWN Owner: County of Wayne, Indiana G:1 Common lWaltlCity- RichmondlEngineering & Public Works 120131Salisbury.Road.deeds& stuff.20131Parcel 14 Fee Simple.doc Last printed 2/18/2013 7:46:00 PM Page 2 of 3 Bonar Group Created by: GWN Owner: County of Wayne, Indiana G:1 Common \Walt\City- Richmond\Engineering & Public Works 120131Salisbury.Road.deeds& stuff.20131Parcel 14 Fee Simple.doc Last printed 2/18/2013 7:46:00 PM Page 3 of 3 EXHIBIT "A" PROJECT: 0800343 CODE: NIA PARCEL 15 Fee Simple Tax ID- 89 -10 -15 -000- 21.000 -004 A parcel of land situated in the Northeast and Southeast Quarters of Fractional Section 15, Township 16 North, Range 14 East, Wayne County, State of Indiana, being described as follows: Commencing at the apparent Southwest corner of the Fractional Southwest Quarter of Section 36, Township 14 North, Range 2 West, Wayne County, Indiana; said point also being on the apparent easterly line of Fractional Section 22, Township 16N., Range 14 East and Line "A ", said point also being P.O.T. Station 33 +48.81 Line "A" and P.O.T. Station 10 +00.00 Line "S -1 -A'; thence North 10 degrees 28 minutes 54 seconds East, along said Line "A ", also being the apparent centerline of Salisbury Road (60' r /w) and the apparent west line of said section 36, 657.45 feet, to the Southeast corner of the aforesaid Fractional Section 15 and also being P.O.T Station 40-06.26 Line "A" and P.O.T. Station 10 +00.00 Line "S -3 -A ", said point also being the apparent intersection of the centerline of said Salisbury Road with the apparent centerline of College Corner Road (65' r /w); thence North 11 degrees 02 minutes 16 seconds East, continuing along said Line "A ", also being the apparent centerline of Salisbury Road (60' r /w) and the apparent east line of aforesaid Fractional Section 15, 730.42 feet to P.O.T. Station 47 +36.68 Line "A" and P.O.T. Station 10 +00.00 Line "S -4 -A ", also being the apparent centerline of Peacock Road (50' rlw) on the attached Right -of -Way Parcel Plat (Exhibit S); thence North I degrees 14 minutes 01 seconds East, continuing along said Line "A ", also being the apparent centerline of Salisbury Road (60' rlw) and the apparent east line of said section, 1361.49 feet, to P.O.T. Station 60 }98.17 Line "A ", said point being the apparent southeasterly corner of Instrument No. 1996006413 recorded June 5,1996, in the Official Records, of the Office of the Recorder, Wayne County, Indiana, said point also being designated #100 on the attached Right -of -Way Parcel Plat (Exhibit B) and the Point of Beginning; thence South 89 degrees 49 minutes 56 seconds West, along the southerly line of said property, 30.58 feet, to an intersection with the apparent westerly right -of -way line of aforesaid Salisbury Road (60' rIw), said point being designated 4100A on the attached Right- of-Way Parcel Plat (Exhibit B); thence North I I degrees 03 minutes 01 seconds East, along said apparent westerly right -of -way line, 6.00 feet, to a point designated #101 on the attached Right -of -Way Parcel Plat (Exhibit B); thence North 11 degrees 14 minutes 01 seconds East, continuing along said westerly right -of -way line, 141.03 feet, to a point designated #102 on the attached Right -of -Way Parcel Plat (Exhibit B); thence North 08 degrees 22 minutes 16 seconds East, 280.31 feet, to a point designated #103 on the attached Right -of -Way Parcel Plat (Exhibit B); thence North I 1 degrees 14 GAI Consultants, Inc. Created by: GWN Owner: County of Wayne, Indiana G: 1Common lWaltlCity- RichmondlEngineering & Public Works120131Salisbury.Road.deeds& stuff.20131Parcel 15 Fee Simple.doc Last printed 2/18/2013 3:52:00 PM Pagel of 2 minutes 01 seconds East, 906.70 feet, to a point designated #104 on the attached Right -of -Way Parcel Plat (Exhibit B); thence North 43 degrees 45 minutes 59 seconds West, 15.53 feet, to a point designated 9105 on the attached Right -of -Way Parcel Plat (Exhibit B); thence South 89 degrees 30 minutes 00 seconds East, 235.04 feet, to a point designated 4106 on the attached Right -of -Way Parcel Plat (Exhibit B); thence North 00 degrees 30 minutes 00 seconds West, 33.82 feet, to P.O.T. Station 7 +00.00 Line "S -5 -A ", said point also being on the apparent centerline of Crowe Road ( 50' r /w) and a point designated #107 on the attached Right- of-Way Parcel Plat (Exhibit B); thence North 89 degrees 30 minutes 00 seconds East, along said apparent centerline, 300.00 feet, to P.O.T. 74 +81.04 Line "A" and P.O.T. Station 10 +00.00 Line "S-5-A7' on the attached Right -of -Way Parcel Plat (Exhibit B); said point also being designated #108 on the attached Right -of -Way Parcel Plat (Exhibit B); thence South 11 degrees 14 minutes 01 seconds West, along said Line "A ", also being the apparent centerline of aforesaid Salisbury Road (60' r /w) and the apparent east line of aforesaid Fractional Section 15, 1382.87 feet, to the Point of Beginning containing 1.979 acres of land (including 0.409 acres of Present Existing Right -of -Way). This description was prepared for the City of Richmond by Charles L. Bevington, Indiana Registered Land Surveyor #29600007, on the 4 day of August, 201 L Charles L. Bevington GAI Consultants, Inc. Created by: GWN Owner: County of Wayne, Indiana G:1 Common lWaltlCity- RichmondlEngincering & Public Works 120131Salisbury.Road.deeds& stuf£20131Parcel 15 Fee Simple.doc Last printed 2/18/2013 3:52:00 PM Page 2 of 2