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Home My WebLink AboutCC-02-04-13-01 Interlocal Agmt/Park Board to Purchase Brookshire Swim ClubSponsor: Councilor Sharp RESOLUTION CC- 02- 04 -13 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING THE PURCHASE OF REAL ESTATE WHEREAS, that certain agreement entitled "lnterlocal Cooperation Agreement between the City of Carmel, Indiana and Clay Township of Hamilton County, Indiana (the "Township "), and executed as of July 30, 2002 and effective January 1, 2003, as amended, ( "the Park Interlocal Agreement'), provides that the Common Council of the City of Carmel (the "Common Council ") and the Clay Township Board (the "Township Board ") are the fiscal bodies of the Cannel /Clay Board of Parks and Recreation (the "Park Board "); and WHEREAS, the Park Board manages and operates the Monon Community Center which includes both an indoor and outdoor waterpark and has experienced the need to increase its pool capacity for the benefit of the Cannel Clay Community and the General Public; and WHEREAS, the Park Board is interested in the acquisition of property that would increase its pool capacity for the benefit of the Cannel Clay Community and the General Public; and WHEREAS, the Brookshire Swim Club, Inc. currently owns in fee certain real estate with pool improvements and a structure or portion thereof to accommodate pool users and has expressed an interest in selling such property; and WHEREAS, the Park Board has expressed through adoption of Resolution G- 2012 -001, its interest in the acquisition of all or a portion of the improved real property owned by Brookshire Swim Club, Inc., such real property referred to in Resolution G- 2012 -001 as the "Brookshire Pool Property" and more particularly described therein, such resolution attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Park Board has available to it funds sufficient to perform due diligence on the Brookshire Pool Property and to purchase such property if the Park Board determines that such purchase is in the best interest of the Cannel Clay Community and the Carmel /Clay Department of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of I.C. 36- 1- 10.5 -5(1) and the Park Interlocal Agreement, the Common Council of the City of Cannel, Indiana hereby expresses its interest in the purchase of the improved Real Estate described in Resolution G- 2012 -001 attached hereto as Exhibit "A" and incorporated herein by this reference and hereby authorizes the Park Board to take all action necessary to effect such purchase should the Park Board detennine that such is in the best interest of the Cannel Clay Community and the Cannel /Clay Department of Parks and Recreation. Sponsor: Councilor Sharp PASSED by the Common Council of the City of Cannel, Indiana this 4 day of , 2013, by a vote of 7 ayes and a nays. COMMON COUNCIL OF THE CITY OF CARMEL 1 siding Offer Richafd L. Sfiarp, r sident Pro Tempore onald E. Carter s U(_ Sue'1 inkain J ATTEST: Diana L Cordray, IAMC, Clerk -Trea {Kevin D. Rider Carol Schleif W. Er > Se'denstic y r r, Lu nyder Presented by me to the Mayor o the City of Cannel, hldiana this UJ day of 2013, at 6:38 P .M. Diana L Cordray, IAMC, Clerk - Treasurer Approved by me, Mayor of the City of Cannel, Indiana, this 'f day of 2013, at (0:38 P.M. ies Brainard, Mayor ATTEST: 1 Diana L Cordray, IAMC, Clerk- Treasurer PREPARED BY: Debra M. Grisham Attorney for the Carmel /Clay Board of Parks and Recreation Exhibit "°A" Park Board Resolution Brookshire Pool Property Page 1 of 3 RESOLUTION G- 2012 -001 A RESOLUTION OF THE CARMEL /CLAY BOARD OF PARKS AND RECREATION REGARDING THE PURCHASE OF REAL ESTATE WHEREAS, that certain agreement entitled "Interlocal Cooperation Agreement" between the City of Carmel, Indiana and Clay Township of Hamilton County, Indiana (the "Township "), and executed as of July 30, 2002 and effective January 1, 2003, as amended, ( "the Park Interlocal Agreement "), provides that the Common Council of the City of Carmel (the "Common Council ") and the Clay Township Board (the "Township Board ") are the fiscal bodies of the Carmel /Clay Board of Parks and Recreation (the "Park Board "); and WHEREAS, the Park Board manages and operates the Monon Community Center which includes both an indoor and outdoor waterpark and has experienced the need to increase its pool capacity for the benefit of the public; and WHEREAS, the Park Board is interested in the acquisition of property that would increase its pool capacity for the benefit of the public; and WHEREAS, the Brookshire Swim Club, Inc. currently owns in fee certain real estate with pool improvements and a structure or portion thereof to accommodate pool users, such real estate more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Brookshire Pool Property "); and WHEREAS, the owner of the Brookshire Pool Property has expressed an interest in selling such property; and WHEREAS, the Park Board is interested in determining whether it is in the best interest of the Cannel Clay community to acquire pursuant to I.C. 36 -1- 10.5 -5 and the Interlocal Agreement, all or a portion of the Brookshire Pool Property. NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of I.C. 36- 1- 10.5 -5(1) and the Park Interlocal Agreement, the Carmel /Clay Board of Parks and Recreation hereby expresses its interest in the purchase of the Real Estate described in Exhibit "A" attached hereto and incorporated herein by this reference; and BE IT FURTHER RESOLVED that the Director of the Carmel Clay Department of Parks & Recreation (the "Director ") is hereby authorized to take all action necessary to obtain from the Township Board of Clay Township, Hamilton County, Indiana (the "Township Board ") and the Common Council of the City of Carmel, Indiana (the "Common Council ") resolutions of interest in making the purchase of any or all of the Brookshire Pool Property prior to the appraisal thereof; and Exhibit "A" Park Board Resolution Brookshire Pool Property Page 2 of 3 BE IT FURTHER RESOLVED that upon receipt of the Resolutions of Interest from both the Township Board and the Common Council, the Director is hereby authorized to engage two (2) appraisers licensed as brokers under Indiana Code Section 25 -34.1, to appraise the Brookshire Pool Property. Adopted this 11t" day of December, 2012. CARMEL /CLAY BOARD OF PARKS AND RECREATION Ja es L. Epgle A. . /, i Wendy Fra , Vice President , President Richard R. Taylor reasurer Jul %�It& Donna Cihak Hansen Ric Pamela S. Knowles Linus Rude ATTEST: (J Richard Leirer Jena Kri:'sturias , Secretary Exhibit "A" Park Board Resolution Brookshire Pool Property Page 3 of 3 RESOLUTION Exhibit "A" Legal Description of the Brookshire Pool Property Approximately .254 Acres A part of the Northeast Quarts: of Seeks 32, Township 18 North, .112mgc 4 art, in a county, ladling bz ag morn Pesch' deeenibcd as follows: Comatestting of T® northwest comet of tot 111 in f , Mita Section, as recanted in !took 3, Pegg 145, its the Office of reorder of tiroalltort County, Indiana; said northwest eta= bang Not* 89 secs 35 minutes 38 igacconds Bast from a brass plug found is the =Wipe of Windsor DAM tb,e2}Ce South 88, dcgns s 22 minutes 40 sods East (plat beat atartg the noath AILS thanrof a distance of 141.77 feet to the northeast corer of said Lot U1; the= North 78 degrees 54 0311li es saad 21 a_enrtds Fast a aster= of 75.11 fleet to the corasr of tm Misting fence and the Point of Begionio thence North 40 degrees 16 minutes 59 seconds Past along said fence a lit ttce of 72.84 feet theme 'North 49 degrees 54 minutes 31 seconds West a diatoms of 12.48 fae *race Not 40 degrees 32 mutes 18 ascends Eat a distarsae of 22.44 feat; thence South 50 dogmas 42 m nutcs 16 seconds at at dish of 21.08 f =t; thence South 41 degrces 39 Minutes 28 seconds West's distance of 1156 feet t0 en existing fen. ; flier= South 451 degretts 46 =buts 01 wends Bart along acid fence and exterior wail of an existing building a distmce of 13234 feet, t c following 3 comes are along said exterior of an existing beilding; (1) thence South 40 demos 10 mitts 16 seconds West distance of 1.44 fee (2a than= North 49 domes 49 minutes 44 r Inds'Wost e c suttee of 132 fees (3) that% South 40 do 10 awes 16 ponds West It diatm* of 3330 feet to an misting paxtylwall; thAme Not* 49 &greet 49 sahnttes 44 seconds West along said pity wall a distance of 30.20 feet to the a erioc 17411 of said existi>g building, the following 3 courses are along said exteriarstalli (1) Shwa South 40 deg= 10 minutes id re zroda West a distance of 3739 (et; therm Not 49 degrees 49 minutes 44 setts West's &tea= of 15.86 feat; (3) Swam Sou* 40 degrees IB minutes 22 seams West a 'distance of 18.04 feat to tea ezisthig fagaoe li ; thrice North 50 degrees 10 minter 32. seconds West along said fence a distance of 711 feet thence South 39 degrees 34 minutes 40 seconds West's distance :31'6.00 5334 thence No 50 gees 10 itioutes 32 stecondts !Vest a immune of 5.30 >'br. the Np3ti 39 degrees 34 minutes 40 scads East a distance of 6.00 'feet to said existing ftatce titetas~e 14011, 5D d 10 minutes 32- seconds WE along said fence a distance of 80.23 tot to the ?Obit a l3egbu» ag. •