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HomeMy WebLinkAboutBPW-05-06-98-05CondemnationResolution No. BPW- O 5 ' O t,, -- 9 'g'- O 5 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY GRANTING AUTHORITY TO SETTLE CERTAIN CONDEMNATION CASES WHEREAS, within the City of Cannel, Indiana ("City"), and/or within four (4) miles of the City' s corporate boundaries, there exists an unused railroad corridor consisting of approximately twenty-five (25) acres of real estate which is commonly known as the Monon Corridor; and WHEREAS, in many instances, the ownership and control of the Monon Corridor is the subject of a legal dispute between CSX Transportation, Inc. CCSX") and certain individuals that reside or own real estate adjacent to the Monon Corridor; and WHEREAS, the Common Council of the City of Carmel, Indiana, has determined that the Monon Corridor should be acquired by the City and developed into a linear park; and WHEREAS, the City is preparing to file one or more lawsuits, through its powers of eminent domain, seeking to condemn certain real property interests along the Monon Corridor and located between 96th Street and 146m Street in Clay Township, Hamilton County, Indiana (the "Property"), for the construction and development of a linear park to be known as the Monon Trail; and WHEREAS, as a prerequisite to filing such lawsuits to condemn the Property or certain interests in the Property, because of the legal dispute referenced above, will be divided into approximately two hundred (200) separate parcels, each parcel will be appraised, and a Uniform Purchase Offer in the amount of such appraisal will be served upon all entities claiming to own or control that parcel of the Property; and WHEREAS, in order to avoid the expense, delay and uncertainty of litigation, it is in the best interests of the City and its constituents to amicably resolve such condemnation matters (the "Condemnation Cases") by compensating the owners of parcels of the Property in a reasonable amount, which may exceed the appraised value of their Property interest to be acquired by the City, by providing such owners with the right to seek damages and obtain the present and future income rights from certain fiber optic lines which now exist on some or all of the Property, and/or by providing such owners with those certain reasonable assurances relating to issues of safety and privacy as are set forth on Exhibit A attached hereto and made a part hereof by this reference, NOW, THEREFORE, BE IT RESOLVED by the City of Carreel Board of Public Works and Safety as follows: 1 ) That the foregoing recitals are incorporated herein by this reference; 2) That Mayor James Brainard, or his designee, is hereby authorized to settle any or all of the Condemnation Cases by: [eb:msword:c:\bpw-resohtionsXaulhoritysettlemonon.doc:5/l/98] (a) compensating each Property owner in an amount up to and including the greater of Twenty-Three Thousand Dollars ($23,000.00) per acre or the appraised value of the property interest in such owner's parcel of Property to be acquired by the City as is set forth on a Uniform Purchase Offer received by such owner, (b) providing each Property owner with the right to seek damages and obtain the present and future income rights to those certain fiber optic lines which now exist on some or all of the Property, and/or (c) providing each Property owner with, at a minimum, the safety and privacy assurances set forth on Exhibit A hereto. Approved and Adopted this__ day of /~aj ,1998. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety ATTEST' - Diana Cordray,.~.~elgTp~er Date: [cb:msword:c:Xbpw-resolufionsXauthoritYsettlemonon.doc:S/l/98] COVENANTS ON PRIVACY AND SECURITY The City of Carmel and the landowners of property adjoining the Monon trail, running from 96m Street to 146m Street, as part of the consideration for the sale of the property of the landowners to the City of Carmel, hereby agree to the following provisions for privacy and security for the protection of the adjoining landowners. These provisions, as well as the monetary consideration paid by the City of Carmel, constitute consideration provided to the adjoining landowners for the sale of this property. 1. The trail will be closed from sunset to sunrise, with the exception of occasional special events, e.g. a Christmas luminary walk. It will be monitored and patrolled at irregular intervals by trained law enforcement personnel using electrically powered or other silently powered vehicles during the hours it is closed. 2. The trail will also be monitored and patrolled at irregular intervals by trained law enforcement personnel using electrically powered or other silently powered vehicles during the hours in which it is open. 3. The City of Carmel or its designee will maintain the natural vegetation as an, on average, twelve-foot (12') barrier on the outer edges of the trail so that, in general, there will be a continuous barrier of trees, brambles, undergrowth, mulberry-type bushes and/or other similar thick vegetation running the entire length of the outer edges of the trail. In areas where no such natural vegetation barrier currently exists, the City of Carmel will consult with the adjoining landowners and plant appropriate vegetation. Bollards (security posts) will be placed and maintained across the entrances to the trail. These bollards will have the appearance of solid material. However, in order to provide access for emergency and other official vehicles, they will have a breakaway feature so that they can be overridden without damage to the vehicles. EXHIBIT A - Page One of Two Pages [eb:msword:c:\bpw-resolutionsXauthoritysettlcmonon.doc:5/l/98] The construction of the trail will take place during the normal construction daylight hours. Access to the trail will be provided only through publicly owned property unless a particular adjoining landowner or neighborhood association requests other access in their area. 7. Dedicated trail parking will be provided, the adequacy of which will be periodically reassessed by the City of Cannel as the usage of the trail is monitored. 8. Trash pick up along the trail will be performed with sufficient frequency to insure that the trail remains substantially trash-free. 9. The use of firearms and motorized vehicles on the trail, other than emergency and other official vehicles, including, but not limited to, law enforcement, fire, medical and maintenance vehicles, will be prohibited. 10. The statutory fencing requirement (which the City of Carmel contends is not applicable) would provide only for a four-foot (4 ') high wire fence. The City of Carmel believes that such a fence would not significantly enhance the security or privacy of adjoining landowners, and would provide less protection than the barrier of thick vegetation, described in paragraph 3 above, which will generally exist on the outer edges of the trail. Where evidence of special circumstances exists, fencing will be considered by the City of Carmel at the request of specific adjoining landowners. 11. The recreational trail will not be used as a light or heavy rail, bus or other motorized mass transit system. EXHIBIT A - Page Two of Two Pages [eb:msword:c:\bpw-resolutionsXauthoritysetflemonon.doc:5/!/98]