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Home My WebLink AboutCC-03-02-15-01 Park Board Purchase Real Estate/Matilda Haverstick Family Property (5.16 acres) Sponsor: Councilor Rider RESOLUTION CC-03-02-15-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,REGARDING THE PURCHASE OF REAL ESTATE WHEREAS,that certain agreement entitled"Interlocal Cooperation Agreement between the City of Carmel, Indiana and Clay Township of Hamilton County, Indiana" and executed as of July 30, 2002 and effective January 1, 2003, as amended, ("the Park Interlocal Agreement"), provides that the Common Council of the City of Cannel (the "Common Council") and the Clay Township Board(the "Township Board") are the fiscal bodies of the Carmel/Clay Board of Parks and Recreation(the "Park Board"); and WHEREAS,the Park Board is interested in the purchase of real estate that meets the needs of the Cannel Clay Community as identified in its two most recent Parks and Recreation Master Plans and the 2015-2020 Zone Improvement Plan; and WHEREAS,representatives of the Matilda Haverstick Family have expressed an interest in selling the fee simple interest in and to approximately 5.16 acres of real estate bordered on the south by the White River Greenway owned in fee by the Park Board, on the north by land owned by Conner Prairie Foundation, Inc., on the west by River Road and on the east by the White River, identified by Hamilton County records as County Parcel Number 17-10-23-00-00-003.000 and as depicted and identified in Park Board Resolution G-2015-002 attached hereto as Exhibit "A" and incorporated herein by this reference(the "Matilda Haverstick Family Property"); and WHEREAS, the Park Board has expressed through adoption of Resolution G- 2015-002, its interest in the purchase of all or a portion of the "Matilda Haverstick Family Property"to be more particularly described in an ALTA ASCM Land Title Survey Legal Description; and WHEREAS,the Park Board has available funds sufficient to perform due diligence on the Matilda Haverstick Family Property and,ultimately, to purchase such real property. NOW,THEREFORE,BE IT RESOLVED that in accordance with the provisions of I.C. 36-1-10.5-5(1) and the Park Interlocal Agreement, the Common Council of the City of Cannel, Indiana hereby expresses its interest in the purchase of all or a portion of the real property defined as the "Matilda Haverstick Family Property" identified as County Parcel Number 17-10-23-00-00-003.000 and as depicted in Resolution G-2015-002 attached hereto as Exhibit"A" and incorporated herein by this reference, and hereby authorizes the Park Board to take all action necessary to effect such purchase. Resolution CC-03-02-15-01 Page 1 of 7 Prepared by Debra M. Grisham,Attorney for the Carmel/Clay Board of Parks and Recreation Sponsor: Councilor Rider PASSED by the Common Council of the City of Carmel, Indiana thisa.nd day of `(• o.A.c ,2015,by a vote of ayes and n nays. COMMON COUNCIL OF THE CITY OF CARMEL Presidin t O er evin D. Rider Rich d L. harp, resident Pro Tempore Carol Schleif • N e 4- Pr ese Rona • . Carter W. E ei•ensticker(74 S; kam Luc . yder ATTES Diana L Cordray, IAMC, Clerk-Tre er Presented by me to the Mayor of the City of Carmel, Indiana this 3 day of YY 2015, at 10:-A9 AM. i Diana L Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 'rr tV•t 2015, at I p:as A-.M. ^/ Ja es :rainard, Mayor ATTEST: Z� r�/ ? Diana L Cordray, IAMC, Clerk- rasurer Resolution CC-03-02-15-01 Page 2 of 7 Prepared by Debra M. Grisham,Attorney for the Carmel/Clay Board of Parks and Recreation Sponsor: Councilor Rider Exhibit"A" See attached Park Board Resolution G-2015-002 regarding the Matilda Haverstick Family Property Resolution CC-03-02-15-01 Page 3 of 7 Prepared by Debra M Grisham,Attorney for the Carmel/Clay Board of Parks and Recreation RESOLUTION CC-03-02-15-01 Exhibit"A" Park Board Resolution G-2015-002 Page 1 of 4 RESOLUTION G-2015-002 A RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION REGARDING THE PURCHASE OF REAL ESTATE WHEREAS,that certain agreement entitled"Interlocal Cooperation Agreement between the City of Carmel,Indiana and Clay Township of Hamilton County, Indiana,"and executed as of July 30,2002 and effective January 1,2003, as amended,("the Park Interlocal Agreement"), provides that the Common Council of the City of Carmel(the"Common Council")and the Clay Township Board(the"Township Board")are the fiscal bodies of the Carmel/Clay Board of Parks and Recreation(the"Park Board");and WHEREAS,the 2010-2014 Parks and Recreation Master Plan highlighted the importance of completing the acquisition of missing segments of the White River Greenway to extend the trail where feasible eventually connecting to the proposed parks in the northeast and existing parks in southeast Carmel/Clay; and WHEREAS,the 2015-2019 Parks and Recreation Master Plan Survey reflected that Households indicated as a Most Important Action,the finishing of development of the multi-use trail along the White River and as Highest Priority Outdoor and Indoor Parks and Recreation Facilities,paved multi-purpose walking and biking rails; and WHEREAS,a Northeast Park was identified as a park to be improved as presented in the 2015-2020 Zone Improvement Plan(Cannel Clay Parks&Recreation Impact Fee Study, September 2014); and WHEREAS,the Park Board is interested in the acquisition of real estate that meets the needs of the Carmel/Clay Community as identified in the various park and recreation planning documents;and WHEREAS,representatives of the Matilda Haverstick Family have expressed an interest in selling the fee simple interest in and to approximately 5.16 acres of real estate bordered on the south by the White River Greenway owned in fee by the Park Board,on the north by Conner Prairie Foundation, Inc.,on the west by River Road and on the east by the White River,identified by Hamilton County records as County Parcel Number 17-10-23-00-00-003.000 to be more particularly described in an ALTA ASCM Land Title Survey Legal Description and depicted in Exhibit"A"(the"Matilda Haverstick Family Property");and WHEREAS,the Park Board is interested in determining whether it is in the best interest of the Carmel/Clay Community to acquire pursuant to I.C. 36-1-10.5-5 and the Park Interlocal Agreement,all or a portion of the Matilda Haverstick Family Property. NOW,THEREFORE,BE IT RESOLVED that the foregoing recitals are hereby adopted and affirmed as if set fully forth herein; and BE IT FURTHER RESOLVED that in accordance with the provisions of I.C. 36-1- 10.5-5(1)and the Park Interlocal Agreement,the Carmel/Clay Board of Parks and Recreation hereby expresses its interest in the purchase of all or a portion of the real property defined as the Matilda Family Haverstick Property depicted and attached hereto as Exhibit"A"and incorporated herein by this reference and reflected in the Hamilton County Records as County RESOLUTION CC-03-02-15-01 Exhibit"A" Park Board Resolution G-2015-002 Page 2 of 4 Parcel Number 17-10-23-00-00-003.000 with an ALTA ASCM Land Title Survey Legal Description to be provided prior to the closing on the acquisition thereof; and BE IT FURTHER RESOLVED that the Director of the Cannel Clay Department of Parks&Recreation(the"Director")is hereby authorized to take all action necessary to obtain from the Township Board and the Common Council resolutions of interest in the Park Board's purchase of all or any portion of the Matilda Haverstick Family Property prior to the appraisal thereof; and BE IT FURTHER RESOLVED that upon receipt of the Resolutions of Interest from both the Township Board and the Common Council,the Director is hereby authorized to engage two(2)appraisers as required by Indiana Code Section 36-1-10.5-5,to appraise the Matilda Haverstick Family Property; and BE IT FURTHER RESOLVED that upon receipt of the Appraisals and a report to the Park Board President regarding the same,the Director,Park Board President and Park Board Attorney are directed to complete and the Park Board President to execute, a purchase agreement with the Owner and,thereafter,the Park Board President,the Director and the Park Board Attorney are authorized to take all steps necessary, appropriate and customary to complete the purchase of the Matilda Haverstick Property as contemplated in the final purchase agreement. APPROVED AND ADOPTED b the Carmel/Clay Board of Parks and Recreation this 10th day of February 2015,by a vote of '7 ayes and p nays. CARMEL/CLAY BOARD OF PARKS AND RECREATION • A Aiscnc' �Anes L. Engle ow,President Richard R.Taylor III,Vice P esident r s . as / .Kirsh, v j// 10, _ I •Jai es D. Garret o - endy Frankli at.f.k — A 6Sn-k' • s'- F --T Richard Leirer Inik111■ —dr.....■ L'nus Rude ATTEST. ,Jo ua A.Kirsh, Secretary RESOLUTION CC-03-02-15-01 Exhibit"A" Park Board Resolution G-2015-002 Page 3 of 4 RESOLUTION G-2015-002 Exhibit "A" Page 1 of 2 Depiction of the Matilda Haverstick Family Property Approximately 5.16 Acres identified in green on the attached Map And further identified as County Parcel Number: 17-10-23-00-00-003.000 RESOLUTION CC-03-02-15-0 1 RESOLUTION G-2015-002 Exhibit"A" T f+ ; ' .nr, Exhibit "A" Park Board Resolution G-2015-002 � � "1 t j Page 4 of 4 .� -- Page i g t r•:I ( ! C. lt .. f ' Ric i �•. i r.' 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' F'° 1' t '�' 'r,.;y ,* - i ' ((tyI` �j i r ,flv(j ,, '. LA ��i4 'If `-�'' O. F , R,A A4 J ` , " ,�( r" �c..2,,• nr Parcel Number 17-10-23-00-00-003.000 Depiction of the Matilda Haverstick Family Property Approximately 5.16 Acres identified in green