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HomeMy WebLinkAboutCC-12-07-98-04 Park Impact FeeResolution No. CC- 12-07-98-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA SUPPORTING LAND ACQUISITION AND USE OF THE PARK IMPACT FEE WHEREAS, the Cannel/Clay Board of Parks and Recreation (the "Park Board"), created by the City of Cannel, Indiana (the "City"), and Clay Township, Indiana (the "Township"), 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 "Jointier Agreement"), is vested with the authority to administer the park and recreational needs of the Carmel/Clay Community ("the Community"); and WHEREAS, the Carmel/Clay Board of Parks and Recreation (the "Park Board"), and the Impact Fee Advisory Committee, the Carmel-Clay Plan Commission ("Plan Commission"), and the Common Council of the City (the "Council"), took all appropriate action necessary to establish the Zone Improvement Plan (the "Plan"), as an official document of the Community and as part of the Community' s Comprehensive Plan, a copy of which is filed as an official record in the Office of the Clerk Treasurer of the City; and WHEREAS, the Plan provided the basis for the establishment of an impact fee; and WHEREAS, the Council passed and adopted Ordinance No. D-1249-96 entitled "An Ordinance to Establish an Impact Fee for the Purpose of Planning and Financing Park and Recreation Infrastructure Needed to Serve Residential Development" (the "Impact Fee Ordinance"); and WHEREAS, the "Impact Fee" established by the Impact Fee Ordinance and placed in the "Impact Fee Fund" may be used for the White River Linear Park identified in the Plan; and WHEREAS, the Park Board has identified an opportunity to expand River Heritage Park by approximately Fourteen (14) acres of real estate with substantial frontage along the White River, located at 11801 River Road, Cannel, Indiana, 46033, within the boundaries of Clay Township in Hamilton County, hdiana, 46033, more specifically described and depicted on the attached Exhibit "A" (the '~Vhite River Property"); and WHEREAS, it is likely that the Park Board will determine in a formal resolution that the purchase of the White River Property complies with the intent of the Plan, its Master Plan, and qualifies for the use of the Impact Fee and, in anticipation of such a resolution from the Park Board requesting this Council to pass a resolution of interest in the purchase of the White River Property in accordance with Indiana law and to fund all or part of that purchase with the Impact Fee, the Council has before it this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Cannel, Indiana, as follows: 1. That the City of Cannel, Indiana is interested in the Cannel/Clay Board of Parks and Recreation' s purchase of the White River Property as defined above in the recitals and the attached Exhibit "A"; and Resolution CC- 12-07-98-04 White River Linear Park (14 Acres) Page 2 2. That the purchase of the White River Property may be consummated by a direct purchase over one or more years, a lease/purchase arrangement over one or more years or any other arrangement consistent with applicable law, which affords the most benefit and public utility to the Community; and 3. That funds from the Impact Fee Fund may be used in whole or in part to consummate the purchase arrangement for the Whim River Property; and 4. That this Resolution shall be sufficient authorization for the Clerk-Treasurer to pay any and all claims from the Impact Fee Fund requested by the Park Board to effect the White River Property purchase arrangement, such expenditures to be reported on the Impact Fee Fund printout. ADOPTED this /r4/~ day of ~F).;2 ~~, 1998, by the Common Council of the City of Camel, Indiana. ;cED AND ADOPTED by the Common Council of the City of Carreel this of /~ ,1998· ding 'e.~ RobertBa" resid ~ ill ~,; Ke" y ~ . ~) ill . r City of Cannel, Indiana this 7~ day of/C~~Z~, 1998 at [ /; -3~/9r~ O' clock. Ap~;ed,_y)~ne,~City of Ca .1998. Brainard, Mayor ATTEST' ~Y¢~ ' ~: ccl4mverl~es Diana L. Cordrayf er EXHIBIT "A" Page 1 of 3 WHITE RIVER PROPERTY "' (legal description) ................. ~~--':-'-.' .~ '. .. .-:. -.. -- . .;-~'- ~ 7. I, the undeisigned,. a Registered Land Surveyor in: the State of Indiana,' .do'.hereby wi thin pl'at T. repres.e~ts? 'a ~urv..ey, 'made"'- under my-' sW~rvi=Si'on'si..whereby..we .retraced .the- .b~a~.$es"', of the following de.~Tcribed 'real .estate','-~0"'the n6imal 'stan'd~d Of care of ~i~ered Land Su.~-eyors practicing' in Indiana. The ~orners were' ma:rk~.i as show~,.' ' "]-;. ;. ' " #:' a .... ' ~ar '~A": ' '. .... '. .described aS'. foli'~.ws:- C0mzen6i~g. '.at the.I'Nor*~hweS~ -corner. of' .seCe/o~..3,-. TOwnshi/p. I7'~ No.re/Is.- '. Range.. 4: Ea~t--:markeaT'~-'a $~one} :'- t41ence~ East-ion and al~_o~'s.:~he "S6~th': Seet~on~'~ · and 'along.' ~aid 'center2 line', ~02'~5'. feet ~o a Doin=.'maxked!'Tby'~'~ b~1t; -thena~!~h'~.59"d..egrees. .North;. 4~ :degrees 23;minu~es Ease, -'244.'5 .fee= on-an~..-at-ong satd-~.eente~.~ine':/~7~i"-"?p0in~' marked~ by ' 'inenca'i~:s~e_h" 75..d'..~/rees. 14 minutes--"West' fob ~ alculg .]...said'-Nor~.h.-hank,' 265.71 .feet..:,to. a..'poin= ~ - ~arked by an 'iron,= ~n;. tilenee 'North. 8~ "Trdegrees 0S':mi'nU~.e~:-:We~',.. 2]9.]: feet :lto' 'described as faIl'o~s:,' 'coh~en~ng"a~-'~a~e NortP. Wes~-corner'- c~fT'S'~c~on-;'-3;-Tbw~hip'~~'~' North, R.ange 4' East .'marked .by a seonel 'thence] E~s~' o~- and along ~'tfie .South'-Sect~0n[-1lne of' SeCtion .3'41. along the Center)line.:of River'.AvenUe$.i. ~7~.O. feet/'.. thenee:7.Nort~; 25 d~gz.ees', 35 minutes' Ease~-: on and along Said 'cente~ l'ineSl 102.5..feet.to a' poirrt"~ked' by' a'-b~..=~ thenee N0r~h.59 33 'minu=.'e.~ ~as~..408 '5' feet on ann' alon~fSaid cen~e~%3~tn~-'t6, a'-'p0int- mark~d:by:'&..P~(3~ail'W']".... Nonh"~.:Ti'degrees= ~4"'min'utes Ea'~&"-on and' along '~a' :cent~_Fisl'!ne't 89.7 f~t tO;' a point markedj by- an iron ,'pini"" '- thence ~S0Uth 86. degre~S' l0 minu~es Sast,l. ii~e~B_'fe~".to a: poin~..mar. k~ed. by an.-iron. pin; . thence ~o=~ 3" degrees 50 minutes 'wes~.7 ~ 6.5.7 fe~....~4~j~int mar..,k. ed."fb_.Y... ~.an',. i~rort. pin; -. - thence'- .~or~l 85"aegfee~.~42 minutes~-'we$t,. 950 ~-00: feet-'to'~j~~~.' .marked. Sy an?- iron' pinl ...then. .- EXIqTBIT "A" Page 2 of 3 WHITE RIVER PROPERTY · (legal description) Par cel "C": pan of the South Half of Section 34, ~ownship .'I8 North'p-'Range..'4'E~st, ahd ~:~Pecifi~a~'lY descibe~ as follows:-,. Conmencing 'at the' North~ee~t .corn~.'z.>..0~ S~c~ion. 3, Tow~i~.pi"17~iN6rth,' Range 4'kast mar~ed .byr a s~one;,.-th~nce'East or~'an~-a/0ng''=the' S0uth=Se~i~n:f]'Ine'°f Sectjoe 34, To.~nship !S N0r~.h, Range 4 East, 1248~0 feet; thence Nor'thl-53-degrees-2,4'' mintrcea '' East ~n.and-.. -~ ~-- the center· line of River Avenue, ~.76.C feet; thence North 25'de~rees 3~ :minutes .:~'~d along said center line,-102,5 feet' to a poiAt..~arke~,'.~;'a: ~tl."~henee-?N.c~J~.'-59 de~zees .33 minutes Eas=.,'-.']A0S,5 f6et' on -and ~ong said center'~lin~<~o'a':-P°int-marked"bY"].aiP~ n. ail; ': thence North 47'degrees 23 minutes East, '244.5 'f~et .o~.~?.~nd':'a~'~' ~.id ~ent~'-lfine' tO ~a. poi.n~-... '08: minutes EaSt, 231'5 feet to a ~x:d. nt:"warKe'cl'hY'a,n'~'~°i'i::l:~n~' i:'· thence $~uth'·'$5'~deg~ees'30'mLnute " . _..- .-. ....· .~ ....... . :..' ....· .. .- ,' .... . . -. :.. · - ,..-- - .v.'..' Page o of o '- WHITE RIVER PROPERTY .,;1;.' ;-.. .--: [%.:;, :..-.' . .- . :;!:.-;. .. .-,.~ - ,5.:..~.. -. '..'. . .=~7:...!?=.:.7 ...-...