HomeMy WebLinkAboutResolution CC-08-19-19-01 Transfers Brookshire Swimming Facility SPONSORS: Councilor Worrell
RESOLUTION CC 08-19-19-01
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA,
REGARDING A TRANSFER OF REAL PROPERTY INTEREST
Synopsis: Transfers the real property upon which the Brookshire swimming facility is located from
the City of Carmel to Brookshire Water Safety and Education,Inc.,an Indiana nonprofit corporation.
WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council") is the fiscal body
for the City of Carmel, Indiana(the"City"); and
WHEREAS, Brookshire Water Safety and Education, Inc. ("Brookshire Water Safety") is an Indiana
nonprofit corporation that was formed to provide educational information and training related to youth water
safety and the sport of youth swimming, as well as to teach the rules, skills and etiquette of recreational and
competitive swimming; and
WHEREAS, Brookshire Water Safety is a nonprofit corporation that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue Code by the Internal Revenue Service; and
WHEREAS,the board members of Brookshire Water Safety have leased and operated the swimming
facility at Brookshire Golf Club for several years, and have been instrumental in making Carmel a first class
swimming community by providing water safety courses and swimming lessons to Carmel's youth; and
WHEREAS, the City recently acquired the new Brookshire swimming facility (the "Property"),
which is described in more detail in Exhibit A, (attached hereto and incorporated herein) from the Carmel
Redevelopment Commission; and
WHEREAS, pursuant to Indiana Code § 36-1-11-1(b)(7), the City may transfer real property to an
Indiana nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes
that is exempt from federal income taxation under section 501 of the Internal Revenue Code; and
WHEREAS, the City has determined that it is now in the best interest of the public to transfer the
Property to Brookshire Water Safety, according to the terms and conditions set forth in this resolution.
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 City will transfer the Property to Brookshire Water Safety 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.
b. The conveyance documents will contain the following provisions:
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 08-19-19-01Transfer Brookshire Pool 2019 Swim Club clean.dOCX
SPONSORS: Councilor Worrell
i. A use restriction that the Property shall remain a pool facility open to the public, and
that the Property shall not be abandoned or used for any other purpose;
ii. Maintenance and operation standards for the Property, which include the requirement
that Brookshire Water Safety cooperate with the City regarding easement rights that
are necessary for the operation of the Brookshire Golf Course;
iii. Brookshire Water Safety must maintain its Section 501(c)(3) tax-exempt status and its
status as an Indiana nonprofit corporation;
iv. A right of reversion clause stating that should Brookshire Water Safety fail to comply
with any of the forgoing provisions, title to the Property shall revert to the City.
c. Brookshire Water Safety shall recompense the City for the cost of the requested additional
length that was added to the Property during its construction, on terms that are agreeable to
both parties.
3. The parties shall take all steps necessary to effect the transfer of the Property from the City to
Brookshire Water Safety as provided herein. Such transfer shall take place at a time and date
mutually agreed upon by the City and the Brookshire Water Safety.
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-CCC\2019\CC 08-19-19-01Transfer Brookshire Pool 2019 Swim Club clean.dOCx
SPONSORS: Councilor Worrell
SO RESOLVED, by the Common Counci of the City of Carmel. Indiana, this s day of
, 2019 by a vote of 1 ayes and CJ nays.
COMMON COUNCIL FOR THE CITY OF C
cejbfroe
Je W , President Anthony r
r 4 /71-2,LL4_4.4<c,,„L
Laura D. Campbell,Vice Presi ent H. Bruce Kimball
s nald E. Carter Kevin D. Rider
Su F' am
A S •
Christine S. Pauley Jerk-Treasurer
4.
Presented by me to the Mayor of e C. of Cannel, Indiana this i day of
, 2019, at ( : S
/64
hristine S. Paule , Clerk-Treasurer
v� n
A r�roved by e, Mayor of the City f C el, Indiana this day of tt((9V17
2019, at Y .M.
ti✓�
ames Brainard, Mayor
A E .
•stine S. Pauley, lerk-Treasurer
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 08-19-19-01Transfer Brookshire Pool 2019 Swim Club clean.dOCR
P.120 171 1 73-286\-Sunroyl0wg15W2 POOL DESCRIPAONI 173286-S V2-IXH.d g(IXHJ LS(6/14/2019 - #hompson) - LP: 6/17/2019 6.25 PM
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\ LOT 114 / EAST ZONE BEARINGS
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LOT 113
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— —_ N 85'19 52" E !�
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P.O.B.
N = 1718094.40
E = 207241.40 L5
POOL AREA L7 �\
LOT 112 0o 0.263+ACRES L9 6
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BROOKSHIRE o, L 13 L8
THIRD SECT/ON ko L 10
P.B. 3, PG. 145 e \K L12
-..1 LINE TABLE
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0 � L16 LINE # DIRECTION LENGTH
L1 N 85'19'52" E 24.75'
L2 N 40'10'51" E 48.33'
L3 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'
1
L8 S 40'10'51" W 1.67'
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F L9 N 49'49'09" W 0.68'
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�b L10 S 40'11'19" W 10.59'
\ N.5 L11 S 49'57'53" E 0.75'
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\ L12 S 40'11'19" W 2.00'
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\ 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
L17 N 49'40'08" W 17.43'
REFERENCE: SCALE IN FEET
This exhibit is based upon a Partial I L18 N 04'40'08" W 101.00'
Boundary Retracement Survey by Civil & ,
Environmental Consultants, Inc., Project 0 50 100
No. 173-286
BROOKSHIRE
LF CLUB
r/7/ 121120 ROOKSH ROE PARKWAY 4
Civil&Environmental Consultants,Inc. CARMEL, INDIANA EXhibit
530 E.Ohio Street,Suite G - Indianapolis,IN 46204
317-655-7777•877-746-0749 POOL AREA EXHIBIT
www.cecinc.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
P.120 1 71 173-286\-Surwy\Di g\SVO2 POOL DESCRIP710N117J266-S502-EXH.d g(EXH/L9*(6/14/2019 - osyms) - 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 of the the south corner of Lot 111 of the Plat 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 corner 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.
0
Anthony B. Syers \ �? ��SrERFo'`��
Registered Land Surveyor No. 20800124 Q' NO. `- "
June 14, 2019 20800124 i
asyersOcecinc.com
STATE OF
prepared by Anthony B. Syers 11�/'•., %
c•4N OI ANP\1 C'�Q\�Q�
reasonableI affirm, nder carethe to edactes eachr perjury, that I hove Socal Security number
//7771177/O////SI1111111 \������\\
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
/7 BROOKSHIRE GOLF CLUB
/,�,�,� 12120 BROOKSHIRE PARKWAY
Civil&Environmental Consultants,Inc. CARMEL, INDIANA Exhibit
530 E.Ohio Street,Suite G - Indianapolis,IN 46204
317-655-77777•877-746-0749 POOL AREA DESCRIPTION
www.cecinc.com
DRAWN BY: TJT CHECKED BY: ABS APPROVED BY: ABS EXHIBIT: C
DATE: JUNE 14,2019 DWG SCALE: PROJECT NO: 173-286 2 OI 2