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HomeMy WebLinkAboutFLowing Well Park - Deed and AgreementsX11 Iau 5L1/4 CORPORATE QUITCLAIM DEED THIS INDENTURE WITNESSETH, that American Aggregates Taws MAY 2 Corporation,'a corporation organized and existing under the of the State of Ohio with its principal office at 6450 Sand Lake Road, Dayton, Ohio, ("Grantor") hereby gives, conveys, and quitclaims to the City of Carmel, a municipal governmental entity located in Hamilton County, Indiana, ("Grantee") the following described real estate (the "Real Estate") located in Hamilton County, Indiana: The real estate described onExhibit "A" which is attached hereto and made a part hereof, subject however, to the following covenants, conditions, and stipulations in favor of the Grantor and any subsequent owners of certain property adjacent to the Real Estate, more particularly described in Exhibit "B" which is attached hereto and made a part hereof (the "Adjacent Real Estate"), thedue observance of which by the Grantee and its successors and assigns, is essential to the validity and continuance of the conveyance contemplated by this Corporate Quitclaim Deed: 1. That the Real Estate shall forthwith be set apart, dedicated, treated, and maintained by the governing authorities of the Grantee and its successors and assigns, exclusively as a public park and recreation place for the benefit of the general public, that the flowing well located on the Real Estate be preserved and maintained, and that no building or other structure shall be erected on the Real Estate ,-,) inconsistent with its use as a public park and recreation place, or which would change the ndtural appearance or landscapeof the Real Estate. The'.Real=. Estate may not be used as an amusement park. 2. That the Real Estate, or any part thereof, shall never be sold, exchanged, or encumbered-by:the E5 Grantee and its successors and assigns except''ofa county of municipal entity in order to carry out -the r purposes and intent hereof. c_-1 3. That the Grantee and its successors and assigns shall properly maintain the Real Estate. 4. That the Real Estate will 1pe policed so as to prevent depredation, vandalism, disorder, and misbehavior from occurring therein or in the vicinity thereof. 5. Failure on the part of the Grantee or its successors and assigns, to keep and observe any one of the foregoing covenants, terms, or conditions shall entitle Grantor, any successor owner of the Adjacent Real Estate, or any association of owners of. -any part of the Adjacent Real Estate if such real estate is subdivided into one or more residential subdivisions (an "Association") at any time after'such.omission or breach to revoke the conveyance contemplated by this deed and declare the conveyance forfeited, irrespective of the period of time which has elapsed and then and thereupon the Real Estate shall revert to Grantor or its successors and assigns, or, at the election of the owner of the Adjacent Real Estate or any Association, injunctive relief may be utilized to enforce the covenants, conditions, and terms stated herein. Grantor hereby further expressly reserves for itself and any successor owner of the Adjacent Real Estate an easement in, over, and upon the Real Estate in order to install and maintain a drainage system and utility lines for water, sewer, gas, and electrical service including, but not limited to, poles, lines, wires, cables, pipes, boxes and other fixtures and facilities in, over, and upon the Real Estate necessary to provide such utilities and services to the owners of the Adjacent Real Estate shall not have the right to construct or install any permanent streets or roadways across the Real Estate but shall have the right of ingress and egress to the Real Estate for the purpose of installation and maintenance of the utility systems permitted across the property. Subject to all zoning regulations and ordinances. Subject to all real estate taxes and assessments due and payable. Subject to all covenants, easements, agreements, reservations, and restrictions of record. Subject to that certain Dedication of Public Right of Way, recorded on the 5th day of March, 1991 in the Office of the Recorder of Hamilton County, Indiana as Instrument #9104817, a copy of which is attached hereto as Exhibit All of the grants, covenants, terms, provisions, and conditions herein shall run with the land and shall apply to, bind, and inure to the benefit of the successors and assigns of the Grantor and the successors and assigns of the Grantee. The undersigned person executing this deed on behalf of the Grantor represents and certifies that he is a duly elected officer of the Grantor and has been fully empowered, by proper resolution of the Board of Directors of the Grantor to execute and deliver this deed; that the Grantor has full corporate capacity to convey the real estate described herein and that all necessary corporate action for the making of such conveyance has been taken and done. This conveyance of real estate is not subject to Indiana gross income tax. 14) IN WITNESS WHEREOF,' Grantor has executed this deed this i1 day of April, 1991. AMERICAN AGGREGATES CORPORATION By: Mike Harmon, Regional Vice President STATE OF INDIANA COUNTY OF menton SS: Before nie, a Notary Public in and for said County and State, personally appeared Mike Harmon, the Regional Vice President of American Aggregates Corporation, who acknowledged the execution of the foregoing Corporate Quitclaim Deed, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this Ni day of April, 1991. (2.0Ccr_LL (7. Notary Public My Expires: xpires: Commission E /1 beet a n, ttchae{e. ,Residing in 9/1t,,in-A County Notary Public - Printed ACCEPTANCE WHEREAS, the foregoing Grantor has this day filed with the City of Carmel, Indiana, its Corporate Quitclaim Deed for the purpose of conveying the real estate described therein to the City of Carmel, Indiana subject however to the covenants, conditions and stipulations contained therein: AND WHEREAS, the City of Carmel, is of the opinion that the acceptance of the Corporate Quitclaim Deed is desirable: NOW, THEREFORE, the City of Carmel, Indiana, by the Carmel Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, for and on behalf of the City, accepts said Corporate Quitclaim Deed for the purposes described, and orders that the Deed be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and said described real estate is hereby declared conveyed to the City of Carmel, Indiana subject to the covenants,, conditions and stipulations contained therein. Date of Acceptance: May 20, 1991 ATTEST: a -c 9 usan W. Jon fikUnedip Clerk -Treasurer CARMEL BOARD OF PUBLIC WORKS AND SAFETY Dorothy Mayor an. e1« Billy/Walker, Member David L. Taylor Mem•er This instrument prepared by James J. Nelson, Attorney -at -Law. Send tax statements to: City of Carmel, c/o Clerk -Treasurer, One Civic Square, Carmel, Indiana 46032. Return to: City of Carmel/ c/o -Clerk -Treasurer, One Civic _Square/ Carmel, Indiana 46032. LAND DESCRIPTION Part of the Southwest Quarter of Section 33, Township 18 North, Range 4 East in Hamilton County, Indiana, being described as follows: Beginning at an iron pipe.at the Southwest Corner of said Section 33; thence on an assumed bearing of North 00 degrees 29 minutes 49 seconds West along the West line of the Southwest Quarter of said Section 33 a distance of 400.00 feet; Thence North 89 degrees 30 minutes 11 seconds East a distance of 360.00 feet; thence North 00 degrees 29 minutes 49 seconds West parallel with the West line of said Southwest Quarter a distance of 210.00 feet; thence South 89 degrees 30 minutes 11 seconds West a distance of 210.00 feet; thence South 00 degrees 29 minutes 49 seconds East parallel with the West line of said Southwest Quarter a distance of 180.00 feet; thence South 89 degrees 30 minutes 11 seconds West a distance of 150.00 feet to the West line of said Southwest Quarter;; thence North 00 degrees 29 minutes 49 seconds West along said West line a distance of 65.00 feet to the centerline of Cool Creek, (the next four (4] calls generally following said centerline of Cool Creek); thence North 42 degrees 18 minutes 54 seconds East a.distance of 331.08 feet; thence North 68 degrees 28 minutes 41 seconds East a distance of 105.13 feet; thence North 90 degrees 00 minutes 00 seconds East 50.00 feet; thence South 22 degrees 00 minutes 00 seconds East a distance of 133.30 feet; thence South 70 degrees 00 minutes 00 seconds East a distance of 1290.97 feet; thence South 00 degrees 00 minutes 00 seconds to the South line of the Southwest Quarter a distance of 200.00 feet; thence South 89 degrees 32 minutes 05 seconds West along the said South line of the Southwest Quarter a distance of 1629.49 feet to the Point of Beginning containing 17.277 acres, more or less. February 26, 1991 Job # 810 •t d eB700', ob S 89.3011" W ' 210.00' • SST .1011' 150 00' N 9oo000' E 50 00' N iN J P Q W. O 8m N 89'301 E 360.00 1 J 91 .8 8 1 `000. 50 100 2r 752,694 8F. 17277 AC. 5 89'3205" w East 116th EXHIBIT "A" 1629.49' Street J, .l RESOLUTION CC -7-6-92-3 WHEREAS, the City of Carmel is the owner of a certain park in Carmel, Indiana, commonly known as Flowing Well Park; and WHEREAS, the City of Carmel desires to convey said park to the Carmel Clay Board of Parks and Recreation for park development purposes, and the City believes that the Board possesses the means to develop, improve, and maintain such park. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the real estate commonly known as Flowing Well Park, and more fully described in Exhibit "A" hereto, be transferred to the Carmel Clay Board of Parks and Recreation pursuant to the provisions of I.C. 36-1-11-8 for the reason that title to said real estate is no longer necessary for the furtherance of the City's function of providing recreational facilities to the residents and taxpayers of the City of Carmel, and for the further reason that the Carmel Clay Board of Parks and Recreation has adequately demonstrated that the necessary funding and facility planning to improve and maintain said park exists. 2. That the City of Carmel convey the real estate described in Exhibit "A" to the Carmel Clay Board of Parks and Recreation in consideration for the sum of One Dollar ($1.00), subject to the following conditions: (A) That the real estate to be conveyed shall be used by Grantee, or its successors, as a public park and recreational facility; (B) That Grantee shall make no conveyance of the real estate to any person, firm, or other entity, either public or private, governmental or non-governmental, without the express written consent of Grantor; (C) That the rights of the general public to use the real estate shall not be abrogated or limited in any way, or to any extent, by any agreement between Grantee and any other person or entity. f %/ Adopted this day of Council of the City of Carmel. , 1992, by the Common Common Council of the City of Carmel Pr sidi g Offic Ci .-- / Adop d by the Common Council .' the City of Carmel, this �o day of «,� , 1992. 1 ATTEST: usan W. Jones, Cl: x -Treasurer 162114 1621M Page 2 922`628 OUITCLAIM DEED THIS INDENTURE WITNESSETH that the City of Carmel, Indiana ("Grantor"), of Hamilton County, State of Indiana, RELEASES AND QUITCLAIMS to the Carmel Clay Board of Parks and Recreation of Hamilton County, State of Indiana ("Grantee"), for the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, Indiana, described in Exhibit "A" attached hereto and made a part hereof for all purposes. The real estate described herein being conveyed to Grantee shall be held, and this conveyance is made upon the following express conditions: This InstnlmeniRecorded !7 - 2/ 1992 Sharon K. Cherry, Recorder, Hampton County, Indiana (A) That the real estate to be conveyed shall be used by Grantee, or its successors, as a public park and recreational facility; (B) That Grantee shall make no conveyance of the real estate to any person, firm, or other entity, either public or private, governmental or non-governmental, without the express written consent of Grantor; (C) That the rights of the general public to use the real estate shall not be abrogated or limited in any way, or to any extent, by any agreement between Grantee and any other person or entity. GRANTEE ACKNOWLEDGES THAT IF ANY OF THESE FOREGOING STATED CONDITIONS OR DEED RESTRICTIONS SHALL BE. VIOLATED, THEN AND IN THAT EVENT, THEREALESTATE DESCRIBED HEREIN SMALL REVERT BACK TO GRANTOR AS IF THIS CONVEYANCE HAD NOT BEEN MADE. THIS CONVEYANCE is also subject to the covenants, conditions and stipulations to which Grantor agreed- with Grantor's predecessor in title, which ran with the land, and which was recorded on May 23, 1991, in the Office of the Hamilton County Recorder, as Instrument Number 9112054. Subject to- all easements, restrictions and rights of way of record. THIS CONVEYANCE was approved by the Common Council of the City of Carmel, Indiana, in open meeting on IN WITNESS WHEREOF, Grantor has executed this the ('day of !y`P'( ,1 1992; and Grantee has executed DULY ENTERED FOR TAXATION Ci K£S o NL C(V j LSubject to final a ceptance for transfer 4;61 Loot, CgVham,' .21 day of </vel 19'f Z_ p - p ' � �_n�auo, Hamilton County lD , 1992. Quitclaim Deed on Parcel II this Quitclaim Deed as acknowledgment of the restrictions, cove- nants, and conditions stated therein. "GRANTEE" CARMEL CLAY BOARD OF PARKS AND RECREATION BY:r�ZICLi.1'.Ycu Printed:cma<.nan4L h. flrlloK Qrc,-;:ho.,i VintrreQ., ATTEST: Signature Printed: alb D. C nn-hCHA•+' STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) "GRANTOR" CITY OF CARMEL, INDIANA Bye �'v`7 Ted . J'ohns\on, Mayor ATTEST: S an W. Jones, C k -Treasurer Before me, a Notary Public inj and for said County and State, personally appeared Ted E. Johnson and Susan W. Jones, the duly authorized representatives of the City of Carmel, Indiana, who acknowledged the execution of the foregoing Quitclaim Deed on behalf of Grantor; and who, having been duly sworn, stated that any representations therein contained are true. WITNESS my hand and Notarial Seal this OL day of V 1992. MY COMMISSION EXPIRES: io-zti-gy STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) (Signature - Notary Public) 5 -re v m. Brat wtiu (Name - Printed or Typed) COUNTY OF RESIDENCE: id 14µI �-iokJ r Before me, a Notary Public in and for said County and State, personally appeared _St.LsQnrta.b Al-piny/1 and ua_ u D. CLi.nl1fPhfM, the duly authorized representatives of the Carmel Clay Boa^ -d of Parks and Recreation, who acknowledged the execution of the fore- going Quitclaim Deed on behalf of Grantee; and who, having been duly sworn, stated that any representations therein contained are true. 9 74P.2 Page 2 1622M WITNESS my hand and Notarial Seal this ILQ day of 1992. MY COMMISSION EXPIRES: dfutAtAteL C ,M `G *'`% 14014,9-W" " (Signature - Notary Pub1iC)' l > 11,annct C Rfi ceu -\ 1 1 L9 (Name Printed or TypedjT�� •: •�� �r'�••. COUNTY OF RESIDENCE: (4.e tlricks 10 .. • LID N C_ C r N This instrument was prepared by Steven M. Brown,, Attorney at Law, of the Law Firm of Locke Reynolds Boyd & Weisell, 1000 Capital Center South, 201 North Illinois Street, Indianapolis, IN 46204. ?z2. 7G2& Page 3 1622M LAND DESCRIPTION Part of the Southwest Quarter of Section 33, Township 18 North, Range 4 East in Hamilton County, Indiana, being described as follows: Beginning at an iron pipe at the Southwest Corner of said Section 33; thence on an assumed bearing of North 00 degrees 29 minutes 49 seconds West along the West line of the Southwest Quarter of said Section 33 a distance of 400.00 feet; Thence North 89 degrees 30 minutes 11 seconds East a distance of 360.00 feet; thence North 00 degrees 29 minutes 49 seconds West parallel with the West line of said Southwest Quarter a distance of 210.00 feet; thence South 89 degrees 30 minutes 11 seconds West a distance of 210.00 feet; thence South 00 degrees 29 minutes 49 seconds East parallel with the West line of said Southwest Quarter a distance of 180.00 feet; thence South 89 degrees 30 minutes 11 seconds West a distance of 150.00 feet to the West line of said Southwest Quarter; thence North 00 degrees 29 minutes 49 seconds West along said West line a distance of 65.00 feet to the centerline of Cool Creek, (the next four [4] calls generally following said centerline of .Cool Creek); thence North 42 degrees 18 minutes 54 seconds East a distance of 331.08 feet; thence North 68 degrees 28 minutes 41 seconds East a distance of 105.13 feet; thence North 90 degrees 00 minutes 00 seconds East 50.00 feet; thence South 22 degrees 00 minutes 00 seconds East a distance of 133.30 feet; thence South 70 degrees 00 minutes 00 seconds East a distance of 1290.97 feet; thence South 00 degrees 00 minutes 00 seconds to the South line of the Southwest Quarter a distance of 200.00 feet; thence South 89 degrees 32 minutes 05 seconds West along the said South line of the Southwest Quarter a distance of 1629.49 feet to the Point of Beginning containing 17.277 acres, more or less. February 26, 1991 Job # 810 H - v.'A t 5 89'30'11' M h( 210.00' 1 z 7152.,;94 8F. 17277 AO. 5 82-32.05' M. East llOth mnAr Street This Inslnrment Recorded '7 -,2 L1992 Sharon K. Gnerry, Recorder, Hamilton County, Indiana • f:SHI'ilr'P "A" RESOLUTION WHEREAS, the City of Carmel is the owner of a certain park in Carmel, Indiana, commonly known as Flowing Well Park; and WHEREAS, the City of Carmel desires to convey said park to the Carmel/Clay Board of Parks and Recreation for park development purposes and the City of Carmel believes that the Park Board possesses the means to develop, improve, and maintain such park. THEREFORE, BE IT RESOLVED THAT: 1. That the real estate commonly known as Flowing Well Park and more fully described in Exhibit "A", incorporated herein by reference and attached hereto, is hereby transferred and conveyed to the Carmel/Clay Board of Parks and Recreation and the Carmel/ Clay Board of Parks and Recreation does hereby accept the same, pursuant to IC 36-10-3-11 et al. for the purposes set forth under IC 36-10-1-2 et al. 2. That the City of Carmel conveys the real estate described in Exhibit "A" and incorporated herein by reference, to the Carmel/Clay Board of Parks and Recreation in consideration of the sum of One Dollar and no Cents ($1.00) subject to the following conditions: A. That the Real Estate to be conveyed shall be used by the Grantee or its sucessors for park purposes only, as defined by IC 36-10-1-2. 3. That the conveyance contemplated by this Resolution shall be made only after approval of said transfer by the City of Carmel. CARMEL/CLAY BOARD OF PARKS AND RECREATION BY: Judi Jacobs, President ug Sue Dillon, Vice -President acting as President Pro Tem for Judi Jacobs Laura Arnold, Treasurer Mark David Carter hmer "SIM gin y W.ot Ste- J Sam Rincker ATTEST: