HomeMy WebLinkAboutResolution CC-08-05-19-01 Transfers Brookshire Swimming Faclity from the CRC to the City SPONSORS: Councilors Worrell and Rider
RESOLUTION CC 08-05-19-01
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA,
REGARDING AN INTERGOVERNMENTAL TRANSFER OF REAL PROPERTY INTEREST
Synopsis: Transfers the real property upon which the Brookshire swimming facility is located from
the Carmel Redevelopment Commission to the City of Carmel.
WHEREAS, the Common Council of the City of Cannel, Indiana (the "Council") is the fiscal body
for the City of Carmel, Indiana(the"City"); and
WHEREAS, the City of Cannel Redevelopment Commission (the "CRC") is a governmental entity
created and authorized to administer certain redevelopment activities within the City; and
WHEREAS,the CRC previously acquired real property known as the Brookshire Golf Course; and
WHEREAS, the CRC's acquisition of Brookshire Golf Course did not include the purchase of the
Brookshire swimming facility, which shared common space with the Brookshire Golf Course clubhouse; and
WHEREAS, the City subsequently acquired the Brookshire swimming facility; and
WHEREAS, the Brookshire Golf Course clubhouse and Brookshire swimming facility were both
recently redeveloped and renovated by the City; and
WHEREAS, the new Brookshire swimming facility (described on Exhibit A attached hereto and
incorporated herein) (the "Property"), is located primarily upon real property owned by the CRC, with a
small portion of the Property located upon real property owned by the City; and
WHEREAS, the CRC has determined that it is now in the best interests of the CRC and the City to
transfer the CRC's interest in the Property to the City, as authorized by Indiana Code 36-7-14-12.2 and other
applicable law: and
WHEREAS, the City has determined that it is now in the best interests of the CRC to acquire the
Property under the terms and conditions set forth herein, as authorized by Indiana Code 36-7-14-12.2 and
other applicable law; and
WHEREAS, Indiana Code Section 36-1-11-8 authorizes the transfer of property between
governmental entities upon terms and conditions agreed upon by the entities, as evidenced by the adoption of
a substantially identical resolution by each entity.
This Resolution was amended by Jon Oberlander,Cannel Senior Assistant City Attorney,on July 24, 2019 at 5:00
p.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency..
S:\Resolutions-CCC\2019\CC 08-05-19-01 Resolution Intergovernmental Transfer Brookshire Pool 2019 clean.docx
SPONSORS: Councilors Worrell and Rider
NOW, THEREFORE, BE IT HEREBY RESOLVED AND AGREED BY THE COMMON
COUNCIL OF THE CITY OF CARMEL,INDIANA,AS FOLLOWS:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The CRC will transfer the Property to the City subject to the following provisions:
a. The transfer of the Property shall be by quitclaim deed and the City shall execute all other
usual and customary conveyance documents.
3. The parties shall take all steps necessary to effect the transfer of the Property from the City to the
CRC as provided herein. Such transfer shall take place at a time and date mutually agreed upon by
the City and the CRC.
4. The Common Council hereby designates Jim Crider, Director of the Department of Administration
for the City of Carmel, Indiana, as its agent for purposes of completing the transfer of the Property.
Mr. Crider is hereby authorized to execute all documents required in connection with the transfer of
the Property pursuant to this Resolution and to take all other lawful actions necessary to complete the
transfer of the Property as contemplated herein.
[Signature page follows]
This Resolution was amended by Jon Oberlander,Carmel Senior Assistant City Attorney,on July 24,2019 at 5:00
p.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency..
S:\Resolutions-CCO2019\CC 08-05-19-01 Resolution Intergovernmental Transfer Brookshire Pool 2019 clean.docx
SPONSORS: Councilors Worrell and Rider
SO RESOLVED, by the Common Council of the City of Carmel. Indiana, this day of
, 2019 by a vote of?ayes and 0 nays.
CO N COUNCIL FOR THE CITY OF L
Jeff : ,President An ony een
V // /.
Laura D. Campbell, Vice Pres dent H. Bruce 'mball
al:t19;ileti
onald E. Carter Kevin D. Rider
A ,
I:ui►-_4
S, .am /
7'T•
Christine S. Pa ey, Clerk-Treas r •
Presented by me to the • ayor of the C'ty of Carmel, Indiana this JO day of
, 2019, at Q I.0 0
Christine S. Pa Y, Clerk-Tre er
Approved by me, Mayor of the City of Carmel, Indiana this day of
2019, at 1. OO P.M.
ames
Brainard, Mayor
ATT
'stifle S. Paul , Clerk-Treasurer
This Resolution was amended by Jon Oberlander,Carmel Senior Assistant City Attorney,on July 24, 2019 at 5:00
p.m.No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency..
S:\Resolutions-CCC\2019\CC 08-05-19-01 Resolution Intergovernmental Transfer Brookshire Pool 2019 clean.docx
P.'12OI7117J-286i-Survey1OrglS1432 POOL OESCR/P7X)NI17J286-SW2-EXH.Awg/EXH/LS46/14/20/9 - Hhanpson) - LA 6/17/2019 6.23 PM
/ /
/ \ /
/ \ /
0
/ \ /
/ \ /
`/ \\ /
\ \ /
\\ \\ ,/ NORTH
\ \ / /NDLINA STATE PLANE
\ LOT 114 / EAST ZONE BEARINGS
\ /
\ /
\ /
\ /
\ /
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Y
Lor 113
II J
I N 85'19 52"E <LP.
I 54.50' L i
P.O.B.
N = 1718094.40
E = 207241.40 L5
POOL AREA L7 \"`
LOT !12 co 0.2631-ACRES L9
. L 11 \,
BROOKSHIRE v, 113 L8
THIRD S£C17ON e L 10
P.B. 3PG. 145 ,NN L 12
to v
—
`1 LINE TABLE
c `' L 16 LINE # DIRECTION LENGTH
L1 N 85'19'52" E 24.75'
L2 N 40'10'51" E 48.33'
13 S 49'51'59" E 94.60'
LOT 111
L4 S 40'10'51" W 22.93'
L5 N 49'49'09" W 3.33'
L6 S 40'10'51" W 24.55'
L7 S 49'49'09" E 0.17'
166 L8 S 40'10'51" W 1.67'
F L9 N 49'49'09" W 0.68'
}6 110 5 40'11'19" W 10.59'-
•
}6
\ A} L11 S 49'57'53" E 0.75'
\ t1
\ L12 S 40'11'19" W 2.00'
\ L13 N 49'57'53" W 0.75'
\
L14 S 40'11'19" W 26.98'
/
/ P.O.C. P.O.C.: Point of Commencement L15 S 04'40'49" E 20.76'
N = 1717793.77 P,O.B.: Point of Beginning L16 S 85'20'28" W 48.33'
E = 207088.89
REFERENCE: L17 N 49'40'08" W 17.43'
This exhibit is based upon a Partial SCALE IN FEET
Boundary Retracement Survey by Civil & I L18 N 04'40'08" W 101.00'
Environmental Consultants, Inc., Project 0 50 100
No. 173-286
/r, ,� BROOKSHIRE GOLF CLUB
� 12120 BROOKSHIRE PARKWAY
Civil&Environmental Consultants,Inc. CARMEL, INDIANA
530 E.Ohio Street,Suite G - Indianapolis,IN 46204
317-655-7777•877a46-0749 POOL AREA EXHIBIT A
www.ceanc.com
DRAWN BY: TJT CHECKED BY: ABS APPROVED BY: ABS EXHIBIT:
DATE: JUNE 14,2019 DWG SCALE: 1"=50' PROJECT NO: 173-286 1 OF 2
P12017117J-286\-Survey\OwgiSVO2 POOL OESCR/PIIONt 17J286-SY02-ErH.Cwy/EXH/LS(6/14/2019 - asyers) - LP. 6/17/2019 6..26 PM
POOL AREA DESCRIPTION
A part of Section 32, Township 18 North, Range 4 East of the Second Principal Meridian. in the City of
Carmel, Clay Township of Hamilton County, Indiana more particularly described as follows:
Commencing at the the south corner of Lot 111 of the Plot of Brookshire, Third Section as recorded in Plat
Book 3, page 145 in the Office of the Recorder of Hamilton County, Indiana; thence North 43 degrees 38
minutes 36 seconds East (Indiana State Plane East Zone Grid Bearings) along the southeasterly line of said
Lot 111 a distance of 168.72 feet to the east comer therof; thence North 05 degrees 59 minutes 09
seconds West along the east line of said Lot 111 and the east lines of Lot 112 and Lot 113 of said plat a
distance of 175.06 feet; thence North 85 degrees 19 minutes 52 seconds East a distance of 54.50 feet to
the POINT OF BEGINNING; thence continuing North 85 degrees 19 minutes 52 seconds East a distance of
24.75 feet; thence North 40 degrees 10 minutes 51 seconds East a distance of 48.33 feet; thence South 49
degrees 51 minutes 59 seconds East a distance of 94.60 feet; thence South 40 degrees 10 minutes 51
seconds West a distance of 22.93 feet; thence North 49 degrees 49 minutes 09 seconds West a distance of
3.33 feet; thence South 40 degrees 10 minutes 51 seconds West a distance of 24.55 feet; thence South 49
degrees 49 minutes 09 seconds East a distance of 0.17 feet; thence South 40 degrees 10 minutes 51
seconds West a distance of 1.67 feet; thence North 49 degrees 49 minutes 09 seconds West a distance of
0.68 feet; thence South 40 degrees 11 minutes 19 seconds West a distance of 10.59 feet; thence South 49
degrees 57 minutes 53 seconds East a distance of 0.75 feet; thence South 40 degrees 11 minutes 19
seconds West a distance of 2.00 feet; thence North 49 degrees 57 minutes 53 seconds West a distance of
0.75 feet; thence South 40 degrees 11 minutes 19 seconds West a distance of 26.98 feet; thence South 04
degrees 40 minutes 49 seconds East a distance of 20.76 feet; thence South 85 degrees 20 minutes 28
seconds West a distance of 48.33 feet; thence North 49 degrees 40 minutes 08 seconds West a distance of
17.43 feet; thence North 04 degrees 40 minutes 08 seconds West a distance of 101.00 feet to the Point of
Beginning, containing 0.263 acres of land, more or less.
`mil ��••�,ISrEq'•
Anthony B. Syers
Registered Land Surveyor No. 20800124 " No. '•✓'
June 14, 2019 = : 20800124
asyersOcecinc.com STATE OF '
prepared by Anthony B. Syers ,c-"" ,
reasonable coreto edacteach5 Social number ��%/77777/Q
underI affirm, the penalties for that I have token S//1lru1110
in this document, unless required by law. Anthony B. Syers
REFERENCE:
This exhibit is based upon a Partial
Boundary Retracement Survey by Civil &
Environmental Consultants, Inc., Project
No. 173-286
/r,� / BROOKSHIRE
12120 ROO SH ROE P RLKWAY
Civil&Environmental Consultants,Inc. CARMEL, INDIANA
530 E Ohio Street,Suite G - Irdianapolis,IN 46204
317.655-7777•en-gas o7as POOL AREA DESCRIPTION
www.cednc.com
DRAWN BY: TJT CHECKED BY: ABS APPROVED BY: ABS EXHIBIT:
DATE: JUNE 14,2019 DWG SCALE: PROJECT NO: 173-286 2 OF 2