Resolution 1994-102
At a meeting held on the 1st day of December, 1994, with 3 members present, on motion duly made and seconded, the following resolution was adopted:
WHEREAS, Tobias B. Yoder owns approximately 61 acres located in the Northeast Quarter of Section 34, Township 36 North, Range 7 East adjacent to and bordering on the north boundary line of the Town of Millersburg; and
WHEREAS, the land is located close to a water main and sewage lines; and
WHEREAS, the Town of Millersburg is in need of land to develop for industrial and commercial purposes; and
WHEREAS, Tobias B. Yoder has indicated to members of the Economic Development Commission that he would be willing to enter into a contract to sell said tract for development for industrial and commercial purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE TOWN OF MILLERSBURG that the Town Council enter into a contract for the purchase of said land owned by Tobias B. Yoder in the Northeast Quarter of Section 34, Township 36 North, Range 7 East, Clinton Township, Elkhart County, State of Indiana.
BE IT FURTHER RESOLVED that the contract provide for the sale of said land in three-acre tracts at an agreed price for the next five (5) years at $3,000.00 per acre, and that the contract be renewable at the option of the Town for an additional five (5) year period with the price per acre to be negotiable, and that the Economic Development Commission prepare a development plan for the land and recommend to the Town Council a plan for financing such economic development.
BE IT FURTHER RESOLVED that the Town Council immediately enters into a contract with Tobias B. Yoder incorporating the terms outlined herein.
Adopted at a public meeting called for the purpose of considering this proposal on the 1st day of December, 1994
As so noted on 6 June 1994, the Legal Description of Millersburg Industrial Park, Millersburg, Indiana.
The Millersburg Industrial Park consists of the following described real estate located in Elkhart County, State of Indiana:
Beginning at an iron pin in the concrete pavement of County Road 40, where the same intersects State Road 13 and marking the Northeast corner of the Northeast quarter of Section 43, Township 36, Range 7 East; thence south along the east boundary one hundred ninety four feet (194.00’) for the place of beginning of this description; thence South eighty nine degrees fifty eight minutes (89°58’0”) West, a distance of one thousand three hundred four and eighty nine hundredths feet (1304.89’) parallel to the northern boundary; thence South two degrees thirty seven minutes (2°37’0”) West, a distance of six hundred forty four and eighty nine hundredths feet (644.89’); thence North eighty nine degrees twenty six minutes (89°26’00”) West, a distance of one thousand two hundred seventy eight and seventy one hundredths feet (1278.71’) to the West boundary of said Northeast Quarter; thence South along West boundary a distance of eight hundred four and sixty two hundredths feet (804.62’); thence South eighty nine degrees twenty three minutes (89°23’00”) East parallel with the South line of said Northeast Quarter, a distance of two thousand three hundred thirty one and thirty four hundredths feet (2331.34’); thence North parallel to East boundary of said Northeast quarter, a distance of nine hundred twenty four and ninety hundredths feet (924.90’); thence East parallel to Northern boundary of said Northeast Quarter, a distance of three hundred thirty seven feet (337.00’) to the East boundary [ coordinate referred to as point “A” In drawing herein] ; thence North along East boundary or said Northeast Quarter, a distance of five hundred ten and twenty five hundredths feet (510.25’) to the point of beginning of this description. Containing sixty two acres, more or less, and subject to all easements, restrictions and public rights of way recorded prior and the covenants therewith governing this real estate.
BE IT RESOLVED by the Town Council of the Town of Millersburg, Elkhart County,
Indiana that the Town enter into a contract as recommended by the Economic Development Commission for the purchase of land Owned by Tobias B. Yoder located in the Northeast Quarter of Section 34, Township 36 North, Range 7 East, Clinton Township, Elkhart County, Indiana;
BE IT FURTHER RESOLVED, that the contract provide for the purchase of land at the rate of $3,000.00 per acre and that the Economic Development Commission prepare a plan for the development of said land to qualify for the use of whatever funds may be available from development funds and grants from the County and/or state.
BE IT FURTHER RESOLVED that any contract entered into be subject to available financing, either through a tax levy authorized by law or by the issuance of economic development bonds as permitted by statute.
BE IT FURTHER RESOLVED that the Town Attorney draft a contract for the purchase of the land described above with terms as set out in the Resolution of the Economic Development Commission and this resolution.
Adopted this 5th day of December, 1994