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HomeMy WebLinkAboutCC-06-19-00-03 Monon PropertyRESOLUTION NO. CC-06-19-00-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING THE ACQUISITION OF MONON TRAIL PROPERTY WHEREAS, the City of Carmel, Indiana, has determined, in coordination with the Carreel/Clay Parks Department, that the acquisition and construction of a linear park and recreational trail on the abandoned Morton railway corridor between 96~1' Street and 146t" Street in Hamilton County, Indiana (the "Monon Trail") is in the public interest and for public purpose; and WHEREAS, for over two (2) years, the City, through the earnest efforts of Mayor Brainard, City Attorney Haney, Department of Administration Director Staehler, Parks Director Auler and outside counsel, have done everything reasonably possible to ascertain and accommodate the legitimate needs, concerns and wishes of the landowners whose property abuts the Morton Trail; and WHEREAS, through the efforts of the above individuals, and with the support and assistance of the Common Council, the City will, by June 15, 2000, have settled with all but eight (8) of the landowners of the approximately two hundred forty (240) parcels of property comprising the Monon Trail; and WHEREAS, negotiations with these remaining eight (8) landowners have been carried on by the City, at a significant cost and use of staff time, for over one (1) year, both through negotiations with the landowners' counsel and through the use of an impartial mediator; and WHEREAS, despite promises to the contrary, it appears that there exists no desire on the part of these eight (8) remaining landowners to come to any reasonable agreement with the City that would allow the City to construct the Monon Trail in a timely manner. To the contrary, the record in this case suggests that the goal of these landowners may be to simply delay the City's acquisition process as long as possible, thereby preventing the citizens of our community from having and enjoying the Monon Trail; and WHEREAS, the City has, to date, not aggressively pursued eminent domain litigation against these Monon Trail landowners, seeking instead to informally and amicably settle their cases through negotiation and compromise; and WHEREAS, it now appears that further discussions with these remaining eight (8) landowners will not be productive nor lead to a good faith compromise and settlement of this remaining Monon Trail eminent domain litigation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS: 1. That the foregoing Recitals are incorporated herein by this reference. Page One of Three Pages 2. That the Mayor, as chief executive officer of the City of Cannel, Indiana, immediately advise the following eight (8) landowners: Thomas and Linda Harleman Vera Hinshaw Drew and Lisa MacDonald Bradley and Sallie Peeler Cynthia Heimlicher Patricia Jorczak Julian and Mary Mykyta William and Barbara Thornsen that all current settlement offers as regards their Monon Trail property shall expire as of 2:00 p.m. local time on July 14, 2000. 3. That the Mayor, through the City's legal counsel, as soon as possible after 2:00 p.m. on July 14, 2000, obtain prompt and certain trial dates in the City's eminent domain lawsuits against the landowners of all properties that have not, as of such time and date, closed with the City as to their property interests at issue. 4. That the City's counsel pursue the eight (8) eminent domain lawsuits referenced above with due haste and vigor, and to the fullest extent allowed by law. 5. That this Resolution shall take effect upon its passage by the Common Council and signing by the Mayor as required by law. PASSED by the Common Council of the City of Carmel, Indiana this J~ day of ~_Jl U cO 2000, by a vote of t7 ayes and tO nays.  COMMON COUNCIL FOR THE CITY OF CA L, INDI ~ ~rby ~ ven °be~ ~~. ,~/. ~' WX~A. Wilson Diana L. Cordray, i%reasurer Conuqaon Council Resolution No. CC-06-19-00-03 Page Two of Three Pages Pre nted by me to the Mayor of the City of Cannel, Indiana the ~ day of 2000. ' Diana L. Cordray, I~rer 2A0p~?ved by me, the Mayor of the City of Cannel, Indi~thi~~ afm~es Brainard, Mayor A T Common Council Resolution No. CC-06-19-00-03 Page Three of Three Pages NEW AGENDA ITEM TODAY'S DATE: JUNE 12, 2000 L,// CITY COUNCIL (ORIGINAL AND 17 COPIES) BOARD OF PUBLIC WORKS (ORIGINAL AND 7 COPIES) CIRCLE ONE,L NE~XT M~ ~ ADD ON NEXT MEETING_~-J~ FUTURE MEETING (DATe DESCRIPTION OF ITEM: ANY SPECIAL INSTRUCTIONS (SPECIAL EQUIPMENT NEEDED, VERBAL PRESENTATION, ETC.)