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HomeMy WebLinkAboutBPW-12-15-99-07 Central Park C,.)PY Amended and Restated Resolution No. BPW-12-15-99-07 A RESOLUTION OF THE CITY OF CARMEL, INDIANA WITH RESPECT TO THE APPROVAL OF A COVENANT NOT TO CONDEMN WHEREAS, the Carmel/Clay Board of Parks and Recreation (the "Park Board"), was created by the City of Carmel, Indiana (the "City"), and Clay Township, Indiana (the "Township"), pursuant to the Interlocal Cooperation Act codified at I.C. 36-1-7 et seq., by and through that certain agreement entitled "Park Joinder Agreement under Interlocal Cooperation Act Between the City of Carmel, Indiana, and the Trustee of Clay Township, Hamilton County, Indiana, dated July 24, 1991 (the "Joinder Agreement"); and WHEREAS, the City, by and thrgugh the actions of its Common Council, and the Township, by and through the actions of the Township Board and the Trustee passed and approved Resolutions of Interest pursuant to I.C. 36-1-10.5 expressing their respective interests that the Park Board acquire certain land approximating 170 acres of real estate (the "Original Central Park Site"); and WHEREAS, the Park Board has initiated proceedings to acquire under the power of eminent domain, the Original Central Park Site; and WHEREAS, the Original Central Park Site is owned by NRC Corp. CNRC") and Valley Development Company, Inc. ("Valley"), as more specifically described in the Park Board's Complaint for Condemnation of Real Estate filed in Hamilton Superior Court No. 3 on August 24, 1998 as Cause No. 29DO3-9808-MI-448 (the "Condemnation Action"); and WHEREAS, NRC, Valley and the Park Board have reached an agreement to settle the Condemnation Action under the terms and conditions set forth in that certain document entitled "Settlement Agreement For Purchase of Property Under Order of Eminent Domain" and all exhibits and attachments thereto, specifically including the Contract for Purchase of Real Estate, the Covenants not to Condemn and Cooperation Agreement, the Grant of Nonexclusive Easement, all of which are attached hereto and incorporated herein as Exhibit "A' (collectively, the "Settlement Agreement"); and WHEREAS, the Settlement Agreement provides, among other terms, that the Park Board acquire only that portion of the Original Central Park Site that is owned by NRC, comprising approximately 134 acres of real estate (the "Central Park Site"), and forego the purchase of the real estate owned by Valley, approximating 36 acres, (the "Valley Tract"); and WHEREAS, NRC has required, as part of the consideration to settle the Condemnation Action, that the City execute a Covenant Not to Condemn the Valley Tract other than as specifically allowed by such covenant, as indicated on Exhibit "A" (the "City's Covenant"); and WHEREAS, the Park Board has considered the options available to it, and the projected costs and expenses of each, and at~er due deliberation, determined pursuant to Park Board Resolution 12-14- 99-02, that the settlement expressed in the Settlement Agreement is a fair and reasonable compromise of the Condemnation Action and has requested that the City approve and execute the City' s C ovenant. BPW Resolution BPW-12-15-99-07 Central Park Site Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, that the Covenant Not to Condemn defined above as the City's Covenant, and all attachments referenced therein and attached thereto, is hereby approved, and that the same be submitted to the Honorable O.A. Kincaid, III, Special Judge presiding over the Condemnation Action in Hamilton Superibr Court 3 and that upon receipt of the court's order approving the Settlement Agreement and fulfillment or waiver of all conditions therein, the Park Board is hereby authorized to file and record in the Office of the Hamilton County Recorder and the Office of the Clerk-Treasurer of the City of Carmel, a copy of the City' s Covenant. The Presiding Officer of the Board of Public Works and Safety and the Clerk-Treasurer are hereby authorized and directed to execute the City' s Covenant attached hereto as Exhibit "A' and to deliver an original to the Park Board. ADOPTED this 15tn day of December, 1999, by the Board of Public Works and Safety of the City °fC~c,,l' Ind/7~ A / mes/,Brainard, PreSiding Officer M A~nyurke ' ' Diana L. Cordray, Clerk-Treasure/v/ ' BPWCPSRes :OR COMPLET ::)OCUMENTATION, SE "VALINET, '~ARKS 3OARD _AND ~URCHAS AGREEMENT'FILE IN TH CONTRACT -'ILES 3 W-12-15-99-07