RESOLUTION NO. R081417C

RESOLUTION ACCEPTING TRANSFER OF PERPETUAL AND TERMPORARY EASEMENTS AND TRANSFERRING INTEREST, AS NECESSARY, TO THE DEPARTMENT OF TRANSPORTATION

WHEREAS, temporary and permanent easements are needed on the north side of the Fishers YMCA site located at 9012 E. 126th Street, Fishers, Indiana for improvements planned to Indiana State Road 37 (the “SR 37 Project”);

WHEREAS, the real property needed for the permanent and temporary easements (jointly, “Property”) is owned by the City of Fishers Redevelopment Authority (the “Authority”);

WEHREAS, the City of Fishers Redevelopment Commission (“Commission”) has a leasehold interest in the Property, and the Young Men’s Christian Association of Greater (the “YMCA”) has a residual interest in the Property;

WHEREAS, the Commission has released its interest in the Property;

WHEREAS, it is anticipated that the YMCA will release its interest in the Property;

WHEREAS, the Authority, pursuant to the Perpetual Highway Easement attached hereto and incorporated herein as Exhibit A and the Temporary Highway Easement Grant attached hereto and incorporated herein as Exhibit B (jointly, the “Easements”), has transferred and conveyed its interest, as specifically set forth in the Easements, in the Property to the City of Fishers, Hamilton County, Indiana (“City”) for use in the SR 37 Project; and

WHEREAS, to the extent that the State of Indiana by and through the Indiana Department of Transportation (“INDOT”) requires right, title or interest in the Easements, the City desires to convey and transfer the Easements to INDOT for the SR 37 Project.

NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works & Safety of the City of Fishers, Hamilton County, Indiana meeting in regular session as follows:

Section 1. The Board of Public Works and Safety meeting in a duly noticed, regularly scheduled meeting hereby approves and accepts dedication of the Easements.

Section 2. The Chairman of the Board shall cause the appropriate documents reflecting acceptance of dedication of the Easements to be recorded in the Office of the Hamilton County Recorder.

Section 3. Further, the City hereby approves transfer and conveyance of its right, title and interest in the Easements to INDOT to the extent such transfer is needed for the SR 37 Project

Section 4. This Resolution shall be in full force and effect upon passage.

ALL OF WHICH IS RESOLVED by the Board of Public Works & Safety of the City of Fishers, Hamilton County, Indiana this 14th day of August, 2017.

BOARD OF PUBLIC WORKS & SAFETY, CITY OF FISHERS HAMILTON COUNTY, INDIANA

YAY NAY ABSTAIN Scott Fadness, Chairman

Jeff Lantz, Member

Jason Meyer, Member

ATTEST: DATE: ______Jennifer L. Kehl, City Clerk

This instrument prepared by: Christopher P. Greisl, City Attorney, City of Fishers, Hamilton County, Indiana, One Municipal Drive, Fishers, Indiana, 46038