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HomeMy WebLinkAboutDeed 02-26-1991 611).6 0_1244 CQRPQRATE OWTCLAIM DEED � 4 THIS INDENTURE WITNESSETH, that American Aggregat ; a Corporation, a corporation organized and existing uncle , he laws +Y of the State of Ohio with its principal office at 6450 S�'�• 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 on Exhibit "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" ) , the due 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 mural appearance or landscape of the Real Estate. The,`Real : Estate may not be used as an amusement parka ;.,.. ria .,,,. f. i 2 . That the Real Estate, or any part ther'pacf, s„ shall never be sold, exchanged, or encumberedby),the c:5 Li : Grantee and its successors and assigns except! o • county of municipal entity in order to carry out -the r., purposes and intent hereof. cry 3 . That the Grantee and its successors and assigns shall properly maintain the Real Estate. 4 . That the Real Estate will be 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 COnvevane :,.. 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 constructor 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 09104817 , a copy of which isattached 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. IN WITNESS WHEREOF, Grantor has executed this deed this day of April, 1991 . STATE OF INDIANA COUNTY OF MwR ) SS ) Before me, 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 ! L clay of April, 1991 . £ l Notary Public 1 My Commission Jxpires : /1 . 6Aq.6.1.7fer-- g in /ak t.m,06 _,. 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 orate aim eed for the purposes described, and orders that Deed ibelrecorded 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 covenantSt conditions and stipulations contained therein. Dote of Acceptance; CARMEI, BOARD OF PUBLIC WORKS AND ' aY_ 91 SAFETY Weez6 Dorothy ancock, Mayor a .• l ber 41151/ Billy/ al er, Member ' 16. . ATTEST: David L. Taylor Mem•er . usan W. Jon C:I er'k_Treasurar 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 7.1 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 maid 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 N 94'00.00" ed'1eas,e,t%44 • S e9•30 it w 210.04'risiMiUmmgmomummilg � h a a t• 8 S89 3011'W Co 04 8 ! x1 : 111M111.11111111MININNIMIDIPINbJ .. .� N 139'30'11" £ 60,00' , o $ Q $ TIMM SF, W n ✓ 11.277 AC. z rov .