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HomeMy WebLinkAboutCC-11-02-92-02 Carey Rd. ParkRESOLUTION CC-11-2-92-2 WHEREAS, the City of Carmel is the owner of a certain tract of real estate in Carmel, Indiana, on Carey Road, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Real Estate") which is ideal for park development; and WHEREAS, the City of Carmel desires to convey the Real Estate 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 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 the 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. This Instrument Recorded/2,. -,..~' 1992 Sharon IC Cherry, Recorder, Hamilton County. Indiana That the City of Carmel convey the Real Estate 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 · ~ .Q~ ~ recreational facility; ~. ~.~ (B) That Grantee shall convey no interest in or lease any ~ o M portion 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 in the form of an authorized resolution of the Common Council of the City of Carmel; Notwithstanding paragraph 2(B) above, this conveyance shall be subject to the rights of the tenant in possession, said tenant being the Indianapolis Telephone Company, an Indiana partnership doing business as Cellular One of Indianapolis, by virtue of a certain lease recorded as Instrument Number 9109533 and 9219352, in the Office of the Recorder of Hamilton County, Indiana; (D) That at the termination of said existing tenant's leasehold interest for any reason, subject to tenant's existing option renewal rights, no additional renewal periods may be granted to tenant, and furthermore if tenant should decide to terminate the lease at any time during its term, the Carmel Clay Parks Board shall accept such early termination, if upon terms and conditions favorable to the City of Carmel; (E) That the rights of the general public to use the Real Estate shall not be abrogated or limited in any way, or EXHIBIT A - LEGAL DESCRIPTION A TRACT OF LAND LYING IN HAMILTON COUNTY, STATE OF INDIANA, IN THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST, CLAY TOWNSHIP, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20; THENCE EAST ON THE EAST-WEST ONE-HALF SECTION LINE 417.42 FEET TO THE NORTHEAST CORNER OF NEW TRACT; THENCE SOUTH PARALLEL TO WEST LINE OF SECTION 20, 417.42 FEET TO THE SOUTHEAST CORNER OF NEW TRACT; THENCE WEST PARALLEL TO THE EAST-WEST ONE-HALF SECTION LINE 417.42 FEET TO THE WEST LINE OF SECTION 20; THENCE NORTH ON WEST LINE OF SECTION 20, 417.42 FEET TO THE POINT OF BEGINNING CONTAINING 3.999 ACRES MORE OR LESS. ALSO: A TRACT OF LAND LOCATEDfIN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 18,NORTH, OF RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: STARTING AT THE S N H S 3ECTION LINE OF S&CTION 20 A DISTANCE OF 417.42 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND FORMERLY PURCHASED BY THE OHIO OIL COMPANY AS EVIDENCED BY A DEED RECORDED IN BOOK 144 AT PAGES 90 AND 91 IN THE RECORDER'S OFFICE OF HAMILTON COUNTY, INDIANA, FOR A PLACE OF BEGINNING; THENCE EASTERLY ALONG THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 100 FEET, THENCE SOUTHERLY AND PARALLEL TO THE WEST LINE OF SECTION 20 A DISTANCE OF 492.42 FEET, THENCE WESTERLY PARALLEL TO THE EAST WEST HALF SECTION LINE OF SECTION 20 A DISTANCE OF 517.42 FEET TO THE WEST LINE OF SECTION 20, THENCE NORTHERLY ALONG THE WEST LINE OF SECTION 20 A DISTANCE OF 75 FEET TO THE SOUTHWEST CORNER OF THE AFORESAID MENTIONED TRACT NOW OWNED BY THE.OHIO OIL COMPANY; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT OWNED BY THE OHIO OIL 'COMPANY A DISTANCE OF 417.42 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT OWNED BY THE OHIO OIL COMPANY A DISTANCE OF 417.42 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.849 ACRES, MORE OR LESS. This Instrument Record~ / ~: q 1992 Sharon K. ChefS. Re~ffie~ Hamii~n Count, Indiana to any extent, by any agreement between Grantee and any other person or entity; (F) That this Resolution containing the conditions listed herein be recorded in the Office of the Hamilton County Recorder. 3. That the City of Carmel assign the benefits and burdens of said lease by and between the Communications Transmission Group, Inc., Landlord, and the Indianapolis Telephone Company, Tenant, recorded as Instruments Numbers 9109533 and 9219352, to the Carmel Clay Board of Parks and Recreation, as Landlord. The original Landlord assigned its interest to the City of Carmel in Instrument No. 9242895 recorded in the office of the Hamilton County Recorder. Adopted this ~h~ day of ~ 0 ~d~-~-~ , 1992, by the Common Council of the City of Carmel. Common C~u ~f the C 'tV o~f Carmel ..._the Comon Council of the City of Carmel, this day ~' ~~ , 1992. asurer STATE 6F ~D~A CO~TY OF ~ILTON Before me, a notary public in and for said county and state personally appeared ~'~& ~: ~_ , ~/~ CF. ~8~J~, k notarial seal thi of ~~ ~ ~ ~-, Notary Public My commission expires: October 24, 1994 County of residence: Hamilton This instrument was prepared by Steven M. Brown, Attorney at Law, 1220 Hemlock Street, Carmel, Indiana 46033.