RESOLUTION #   2012-15  

THE TRANSFER OF A CERTAIN PARCEL OF REAL PROPERTY BY THE CITY OF FORT WAYNE, INDIANA, TO THE TOWN OF LEO-CEDARVILLE, INDIANA

WHEREAS, the City of Fort Wayne, Indiana (“Fort Wayne”) owns certain unimproved real estate (the “Real Estate”) located along the east bank of the St. Joseph River just west of Schwartz Road and south of Leo-Grabill Road located in Allen County, Indiana, the last deed to which is recorded in Deed Book 471, Pages 32 and 33, in the Allen County, Indiana Recorder’s Office; and

WHEREAS, the Town of Leo-Cedarville (“the Town”) wishes to purchase a portion of the Real Estate from Fort Wayne (the “Parcel”), which is described and depicted on Exhibit “A”, attached hereto and made a part of this Resolution by this reference; and

WHEREAS, Fort Wayne wishes to sell the Parcel to the Town; and

WHEREAS, this proposed real estate transaction constitutes a transfer of property between governmental entities, and pursuant to IC 36-1-11-8, is exempt from normal public hearing and appraisal requirements, provided that both the City of Fort Wayne Board of Public Works and the Leo-Cedarville Town Council adopt substantially identical resolutions agreeing to the terms of this real estate transaction.

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leo-Cedarville that:

1.     The purchase agreement that is attached hereto as Exhibit “A” is hereby accepted, agreed to, and adopted by the Town Council ofTown of Leo-Cedarville, and will be executed upon the adoption of a substantially identical resolution by the City of Fort Wayne Board of Public Works.

2.     Fort Wayne will execute a Warranty Deed conveying the Parcel to the Town and will record or cause to be recorded said Warranty Deed in the Allen County, Indiana Recorder’s Office once the purchase agreement attached as Exhibit “A” has been fully executed by Fort Wayne and the Town, and after the Leo-Cedarville Town Council has adopted this resolution.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this   11th   day of   September  , 2012.

  John Clendenen        
John Clendenen
President

  Tim Richards             
Tim Richards
Council Member

  Kevin Veatch             
Kevin Veatch
Council Member

  Paul Steffens            
Paul Steffens
Council Member

  Ted Garton               
Ted Garton
Council Member

      ATTEST: John Eastes                
John Eastes
Clerk-Treasurer