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Home My WebLink AboutCC-02-04-13-01 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 "Interlocal Cooperation Agreement between the City of Cannel, 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 unproved 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 Cannel /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 Carmel, 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 Carmel, Indiana this 4 day of ...town , 2013, by a vote of 7 ayes and a nays. COMMON COUNCIL OF THE CITY OF CARMEL siding O, er Richa sident Pro Tempore onald E. Carter eC S.uteFinka ATTEST: Diana L Cordray, IAMC, Clerk -Trea A t {Kevin D. Rider Carol Schleif W. Er denstic Lu ' nyder Presented by me to the Mayor o the City of Cannel, Indiana this '1 day of 2013, at (o :38 P.M. Approved L Cordray, IAMC, Clerk - Treasurer Approved by me, Mayor of the City of Cannel, Indiana, this /f day of 2013, at (D:3g P.M. ATTEST: 4 ies Brainard, Mayor 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 Carmel 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 11th day of December, 2012. CARMEL /CLAY BOARD OF PARKS AND RECREATION , President Wendy Fra Vice President Richard R. Taylor reasurer Donna Cihak Hansen Pamela S. Knowles Linus Rude Jenn Kristunas ATTEST: _ -- .. , Secretary Richard Leirer 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 pact of the Northeast Quartet ofSectisto 32, Township 18 North, .Range 4 Ent, Hammon county, ► i en" particularly p it as Mows: iti Conmaettr.mg it he north st corm of Lot fl i in Br sin, Tititd Section, es recorded hl Book; Pages 145, in the Office uf the border of Beraittzi County, Indiana; said ntzzth vest oar= bring North 89 degrees 35 minutes 38 seconds Bast from a brass plug found in the =team of wi daor Brfve; ittaaCe Wad; 58 degrees 22 xuizzutes 40 sus East (at be iu aleag the north Nitta thereof a distance of 141.77 feet to the northeast t exarm"r of said Lot Ill; thence North 78 degrees 54 mhntmts end 21 seconds East a distance. of 75.11 feet to the cprezr of an misting fence and the Point of Beginniu4 thence Nom 44 duns 16 stihtutes 59 seetmda East along said fence a &Stance of 711&4 fc hence 'North 49 degrees 54 rohnsra 31 sew n& West a distance: of 1248 fee thence North 40 *tees 32 minutes 18 see m& East a distance of 22_44 fact; tborec South 50 dress 42 minutes 16 accondS at a distance of UN fit; theme South 41 degrees 39 mftutas 28 SBcatiCt3 We3t'a distance of 10 .56. feet to sn costing Eenwe; f ier South 49 elegem 46 minutes 01 woods East along said fence aid exieriof wall of an existing building tt distance of 13234 fmt, the following 3 ennuis are along sad exterior of eta existing building; (1) thence South 40 degrees 10 tugs lt"r seconds West a' distance of 1.40 feet Mike= North 49 domes 49 minutes 44 =ands West a detainee of 132 f (3) *awe South 40 degrees 10 Mint4ns 16 seconds West a &bum of33S0 feet to an etatiutgpertywall; thence North 49 dagrts 49 minutes 44 seconds West along said party all a distance of 30.20 feat) the exterior will of grid exists g btdldiog. the following 3 cis ate along said coctoriarwalli (1) thence South 40 10 tuinu%s lit sescon4ts West a distance 01 1739 feet; (2) thence I4ax* 49 dr.gtees 49 tricots 44 secvuds Want' n &taws of 15.86 fret; (3) thence South 40 degrees 18 initiates 22 seconds -Waist a ilist a of 16.04 hut to no exist* *tee tracts North 50 &gees 10 minutes 32, eezco is West along said ft= az distance of 7/1 frke4 theme South 39 degrees 34 minutes 40 ecconda West a distance of 6.00 fast thence Nob 50 gets 10 /Ajmer., 32 Decomds West a &mate of 5.50 ihz=.4 titer 14o41 39 domes 34 minutes 40 sucosads East a distance of 6.00 -Itait to said tecisting fence;'tttence Nom 50 degrees 10 minutes 32. seconds West ealemg said fence diebence of 80.23 £east to the Point of 14eginnizfg. 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