HomeMy WebLinkAboutG-2021-007_Granting_Easement_through_Bear_Creek_Park RESOLUTION NO. G – 2021 – 007 RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION AUTHORIZING THE DISPOSAL OF PROPERTY
The Carmel/Clay Board of Parks and Recreation (the “Board”) met at a duly called and authorized meeting of the Board held on the date set forth below, such meeting being called pursuant to a notice stating the time, place and purpose of the meeting received by all of the Board Members, and the following Resolutions were made, seconded and adopted by a majority of those present at the
meeting, which constituted a legal quorum of the Board. WHEREAS, Ind. Code §36-1-11-8 (the “Act”) sets forth the procedures required for political subdivisions and their agencies to exchange specified property with other governmental entities; and
WHEREAS, the Act provides that a transfer or exchange of property may be made between governmental entities upon terms and conditions and for value as agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity; and
WHEREAS, the Board desires to grant a perpetual sanitary sewer easement to Trico Regional Sewer Utility (the “District”) in the location generally depicted in Exhibit “A” in accordance with the general form of the Non-Exclusive Sanitary Sewer Easement attached hereto as Exhibit “B” both of which are incorporated herein (the “Easement”); and
WHEREAS, the Board desires to direct and empower the President of the Board (the “President”) and the Director (“Director”) and Assistant Director (“Assistant Director”) of the Carmel/Clay Department of Parks and Recreation, and each of them individually, to immediately take
all action and to execute all documents necessary to enter into the Easement with the District for such consideration as is determined reasonable by the President with the concurrence of legal counsel to the Board and to take all other action necessary to expeditiously arrange for the transfer of the Easement upon compliance with the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION THAT: SECTION 1. The foregoing Recitals are incorporated herein by this reference.
SECTION 2. The President, the Director and the Assistant Director, and each of them individually, are hereby authorized, empowered and directed to take all actions, and to execute and deliver all documents, necessary to transfer the Easement to the District conditioned upon compliance with the Act prior to such transfer.
SECTION 3. The President, the Director and the Assistant Director are further authorized, empowered and directed to negotiate the terms of transfer of the Easement on terms and conditions, and with such consideration, as are approved by the President and the Board’s legal counsel.
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SECTION 4. The form and location of the Easement attached hereto as Exhibits are hereby approved and the President, the Director and Assistant Director are authorized to approve such
revisions thereto as are acceptable to the President, the Director or the Assistant Director, with such approval evidenced by the signature of the President, Director or Assistant Director on the final form of Easement and legal description attached thereto. SECTION 5. All actions heretofore taken by the officers of the Board and the Director and Assistant Director to further the transfer of the Easement to the District pursuant to this Resolution are hereby ratified and confirmed in every way. SECTION 6. This Resolution shall be effective immediately upon its adoption.
Adopted and approved by the Carmel/Clay Board of Parks and Recreation this 13th day of July, 2021. CARMEL/CLAY BOARD OF PARKS AND RECREATION
_______________________________ _______________________________
Richard F. Taylor III, President Jenn Kristunas, Vice-President _______________________________ Lin Zheng, Treasurer Linus Rude, Secretary
Dr. Jessica Beer James D. Garretson _______________________________ _______________________________
Louise Jackson Joshua A. Kirsh Mark Westermeier
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