RESOLUTION NO. 2020-12 BOROUGH OF CLARKS SUMMIT  ARESOLUTION OF THE BOROUGH OF CLARKS SUMMIT AUTHORIZING THE CLOSING OF SALE OF SHERIDAN AVENUE FIELD  TO. ABINGTON DEVELOPMENT GROUP  WHEREAS, the Borough of Clarks Summit (the "Borough")isal Borough and Municipality in the Commonwealth of] Pennsylvania organized and governed according to the  Borough Code; and  WHEREAS, Section 1201.1 of the Borough Code requires the Borough Council to WHEREAS, Section 1201.1 oft the Borough Code further provides that no real estate owned by the Borough may be sold for a consideration in excess of$1,500.00, except to the highest bidder after due notice by advertisement for bid or advertisement of a public auction; and WHEREAS, since the 1950's, the Borough has beeni in actual, open and notorious possession of approximately 1.70 acres of real property currently known as "Sheridan Avenue Field" and located along Sheridan Avenue (said property hereinafter: referred to as "Sheridan  approve the sale of real estate owned by Borough; and  Avenue Field" or the "Premises"); and  WHEREAS, the Borough Council determined it to bei int the best interest of the Borough WHEREAS, on August 1, 2018 the Borough Council authorized the bidding of Sheridan WHEREAS, the Borough expressly reserved the right to reject any bids made pursuant to WHEREAS, the Notice of the Borough's acceptance of bids for the sale of Sheridan Avenue Field was advertised in the The Times-Tribune (Scranton) on August 12, 2018; and WHEREAS, the Borough received one (1) bid in response to the August 12, 2018 which was formally rejected at its November 7,2 2018 meeting as said bid was deemed tol be less than  to explore the sale of Sheridan Avenue Field; and Avenue Field by Resolution 2018-13; and Section 1201.1(b) and Resolution 2018-13; and  the fair market value oft the property; and  WHEREAS, at its January 2, 2019 public meeting, the Borough did authorize an additional bidding process for Sheridan Avenue Field and directed the Borough Manager to advertise a Notice of said bidding process which alerted the public that the Borough would only consider bids of$172,000.00 or greater and that aj parcel of Sheridan Avenue Field that is no  Page 1of3    smaller than 10 feet by 10 feet and situated along Sheridan Avenue orl Harwood Avenue will  remain property of the Borough forj purposes of maintaining aj park;  WHEREAS, the rebidding of Sheridan Avenue Field was again advertised by way ofa Notice which was published in The Times-Tribune (Scranton) on January 9,2019 and January 13, 2019 in compliance with Section 1201.1(a.1) oft the Borough Code; and thel highest bid received by the Borough for the sale of Sheridan Avenue Field; and  WHEREAS, al bid ini the amount of $190,100.00 from Abington Development Group was WHEREAS, through its approval of] Resolution No. 2019-02 on February 6, 2019, Borough Council determined that the bid of Abington Development Group in the amount of $190,100.00 represents the fair market value ofthe Sheridan Avenue Field and acceptance of  said bid was in the best interest ofthe Borough; and  WHEREAS, through its approval ofl Resolution No. 2019-02 on February 6, 2019, Borough Council accepted the bid in the amount of $190,100.00 which was submitted by Abington Development Group through its President, Michael Noto, for the purchase of Sheridan Avenue Field, which included the condition that aj parcel of Sheridan Avenue Field that is no smaller in size than 10 feet by 10 feet and situated along Sheridan Avenue or Harwood Avenue remain property of the Borough for purposes of creating and maintaining a park; and  WHEREAS, subsequent to its approval of Resolution No. 2019-02, ai title search ofthe Sheridan Avenue Filed revealed the Borough is the fee simple owner ofLots 221 and 222 which are 30: feet in width and 125 fee in dept which comprise only aj portion oft the premises; and WHEREAS, subsequent toi its approval of Resolution No. 2019-02, the Borough and Abington Development Group determine that there were additional issues relating to the marketable title oft the property which need to bei resolved prior to closing on the sale of Sheridan  Avenue Field; and  WHEREAS, despite the issues relating to the title of certain lots which comprise Sheridan Avenue Field, Abington Development Group agreed to proceed forward with the  acquisition of the Premises; and  WHEREAS, on or about April 5, 2019, the Borough, Abington Development Group and an Escrow Agent entered an Escrow Agreement which required, inter alid, Abington Development Group to transfer the purchase price of$190,100.00: into an escrow account; and WHEREAS, the Borough, Abington Development Group and thel Escrow Agent have agreed to extend the Escrow Agreement and the final closing on Sheridan Avenue Field in order for the Borough to secure clear and marketable title to Sheridan Avenue Field, which included obtaining al Default. Judgment in an Action to Quiet Title docketed at] No. 20-CV-1842 in the Lackawanna County Court ofCommon Pleas and having Lackawanna County convey to the  Page 2 of3    Borough numerous parcels within Sheridan Avenue Field which were retained by the county  from tax sales; and  WHEREAS, subsequent to the passage of] Resolution No. 2019-02, members of] Borough Council, the Borough's Mayor and local veteran groups dedicated the "David A. Parker Memorial" at Veteran's] Park on North State Street inl honor ofLance Cpl. David. A. Parker; and WHEREAS, after consulting with Lance Cpl. Parker's surviving family members, the Borough has determined that a separate memorial park in honor of] Lance Cpl. Parker at Sheridan  Avenue Field is no longer necessary; and  WHEREAS, a survey and inspection of Sheridan Avenue Field has revealed an WHEREAS, due to this Encroachment, the Borough and Abington Development Group have agreed that Lot 272 will remain the property oft the Borough after the sale of Sheridan  encroachment of approximately 25: feet on Lot 272 ("Encroachment");: and  Avenue Field.  NOW, THEREFORE BEI IT RESOLVED, that the Council of the Borough of Clarks Summit authorizing the Borough President to proceed with sale of Sheridan Avenue Field by  executing the Agreement of Sale which is attached hereto as Exhibit" "A".  RESOLVED by the Council of the Borough of Clarks Summit this 29th day ofJuly,  2020. ATTEST:  BOROUGH OF CLARKS SUMMIT  *  m ui  Virginial Kehoe/ Borough! - Manager  Germaine Carey Council President  Màyor  A  Approved this 29th day ofJuly, 2020.  Page 3 of3