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Home My WebLink AboutBPW-11-20-02-02 Ice SkatiumRESOLUTION NO. BPW-11-20-02-02 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, REGARDING TRANSFER OF PROPERTY INTEREST BY CITY AS SUCCESSOR IN INTERST TO THE TOWN OF CARMEL, INDIANA WHEREAS, the City of Carmel, Indiana as the successor in interest to the Town of Carmel, Indiana (the "City") currently holds title to certain property located within the City's corporate limits, as is more specifically described in _Exhibit A., attached hereto and incorporated herem by reference (the lc Skadium Property "); and WHEREAS, based upon the City's information and belief, Ice Management, Inc., an Indiana corporation ( Ice Management ), m 1974, conveyed title to the Ice Skadium Property to the City in order to facilitate the financing and construction of certain improvements thereon, through a certain Trust Indenture recorded in Book 298, page 267 as is located in the Office of the Recorder of Hamilton County; Indiana (the "Bonds"); and WHEREAS, Ice Management has thereafter operated the Ice Skadium under a Lease Agreement dated May 1, 1974; and WHEREAS, at the time Ice Management conveyed the Ice Skadium Property to the City, both Ice Management and the City believed that the City's title to the Ice Skadium Property would not be perpetual, but was to be held only as a pledge or as collateral to ensure the satisfaction and payment of the Bonds, and that City, upon completion of the improvements on the Ice Skadium Property and the satisfaction and payment of the Bonds, would re-convey such title to Ice Management; and WHEREAS, Ice Management has completed the improvements on the Ice Skadium Property and has satisfied the Bonds, as evidenced by letter dated May 14, 1991, from the Merchant's National Bank & Trust Company, Trustee under the Bonds; and WHEREAS, Ice Management has paid all real estates taxes on the Ice Skadium Property and continues to occupy and operate the facilities located on the Ice Skadium Property; and WHEREAS, City only recently became aware of its failure to return title to the Ice Skadium Property to Ice Management and, for the reasons set forth above, now desires to fulfill the parties' original intent and to transfer and convey City's title to the Ice Skadium Property back to Ice Management; and WHEREAS, Ice Management seeks and desires to accept such title to the Ice Skadium Property. NOW, THEREFORE, BE IT RESOLVED that, for the reasons set forth above, the Board of Public Works and Safety hereby approves the transfer and conveyance of the City's title to the Ice Skadium Property to Ice Management, by way of that certain Quit Claim Deed attached hereto as Exhibit B and incorporated herein by reference. Page One of Two Pages PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this ~ day of .?x:z/nt214/~ , 2002, by a vote of ,'~ ayes and _ cD . nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer ur e Mere ~ r r)f~i ~q.~~004/~' M~mber. ATTEST: /-Diana L. Cord[ay, Ct. erk-Treasurer Date:_ Sand~a ~ Jolmson~ Delmty Clerk for STATE OF INDIANA ) )SS: COUNTY OF. ) Before me, a Notary Public in and for said County and State, personally appeared-~S 13r~m~l, Mary Ann Burke and Lori S. Watson,~b~j~,.~e.~kn.o~y~ ~o,~b~e e¢ e2bers of the City of Camel Board of Public Works and Safety, and Diana'S. ~rclraP, '~r~'~rea~f~°f the City of Carmel, who acknowledged the execution of the foregoing "Resolution" on behalf of the City of Carmel, Indiana. · ' _~ of bi ,~/C'QrS[~:"[ ,2002. Witness my hand and Notanal Seal thls /~' day~ ~~ $ot Publi . nS Printed Signature Commission Expiration: County of Residence: Resolution No. BPW-I 1-20-02-02 Page Two of Two Pages Exhibit "A" Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of the Northeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 00 deg 00 min 00 sec (assumed bearing) on and along the East line of said Northeast Quarter 1188.00 feet; thence South 89 deg 27 min 30 sec West parallel with the North line of said Northeast Quarter 1191.63 feet to the West line of Third Ave., S.W.; thence South 01 deg 07 min 44 sec West on and along said West line 638.97 feet; thence South 00 deg 38 min 00 sec East on and along said West line 291.47 feet to the place of beginning of this tract; thence South 89 deg 22 min 00 sec West 508.20 feet; thence South 00 deg 38 min 00 sec East 300.00 feet; thence North 89 deg 22 min 00 sec East 508.20 feet to the West line of Third Ave., S.W.; thence North 00 deg 38 min 00 sec West on and along said West line 300.00 feet to the place ofbegirming, containing 3.50 acres, more or less. STATE OF INDIANA ) )SS: COUNTY OF _ ) Before me, a Notary Public in and for said County and State, personally appeared Mayor M Ann Burke and Loft S. W_..._at, son.-bv..~e,~°.av~ .~e~e~oM~bers of the City of James Brainard. _arr.. ..... ~_~-..-~_~?'~rfi~r~r~.~ ' ~rk-Tr~asurer of the City of Carmel, Camel Board of Pubhc Works ana ~alety, anu who acknowledged the execution of the foregoing "Quitclaim Deed" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this ~D~a _, 2002. Notary Public Printed Signature Commission Expiration: County of Residence: After recording return to: City of Carmel, City Hall, One Civic Square, Carmel, Indiana 46032, ATTN: City Attorney. Send tax statements to: Ice Skadium, Inc., _ This instrument prepared by Douglas C. Haney, City Attorney, City of Carmel, Indiana, City Hall, One Civic Square, Carmel, Indiana 46032. Exhibit A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of the Northeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 00 deg 00 min 00 sec (assumed beating) on and along the East line of said Northeast Quarter 1188.00 feet; thence South 89 deg 27 min 30 sec West parallel with the North line of said Northeast Quarter 1191.63 feet to the West line of Third Ave., S.W.; thence South 01 deg 07 min 44 sec West on and along said West line 638.97 feet; thence South 00 deg 38 min 00 sec East on and along said West line 291.47 feet to the place of beginning of this tract; thence South 89 deg 22 min 00 sec West 508.20 feet; thence South 00 deg 38 min 00 sec East 300.00 feet; thence North 89 deg 22 rain 00 sec East 508.20 feet to the West line of Third Ave., S.W.; thence North 00 deg 38 min 00 sec West on and along said West line 300.00 feet to the place of beginning, containing 3.50 acres, more or less. EXHIBIT B QUITCLAIM DEED THIS INDENTURE WITNESSETH that THE CITY OF CARMEL, Hamilton County, Indiana, as the successor in interest to THE TOWN OF CARMEL, Hamilton County, Indiana ("Grantor") quitclaims to ICE MANAGEMENT, INC., an Indiana corporation ("Grantee"), for vainable consideration, the receipt and sufficiency of which is hereby acknowledged, any and all of its right, title and interest in and to that certain real estate located in Hamilton County, Indiana, which is more particularly described on Exhibit A attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this t~ day of CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer ~~, l~lember ^T?T:. /Diana L. Coydray,[Cl,e..rl~-Treasurer Date: /]/f2)~ ~/0 '~ STATE OF INDIANA ) )SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Mayor ~ ' d Mar Ann Burke and Loft S W~atso~,~baY~0~ ~l:~'~ge~Iv~bers of the City of James Brmnar . . ,~ ...... ~ ,. _~ ~~r~ray,e°*',°°~dr!~-Treasurer of the City of Carmel, Camel Board of Putmc works aha ~am[y, m~u ~,~m,,, .... J who acknowledged the execution of the foregoing "Quitclaim Deed" on behalf of the City of Cannel, Indiana. Witness my hand and Notarial Seal this ~t~ day of ~Cg~e~D~t'- , 2002. Notary Public Printed Signature Commission Expiration: County of Residence: After recording return to: City of Carmel, City Hall, One Civic Square, Carmel, Indiana 46032, ATTN: City Attorney. Send tax statements to: Ice Skadium, Inc., This instrument prepared by Douglas C. Haney, City Attorney, City of Carmel, Indiana, City Hall, One Civic Square, Carmel, Indiana 46032. Exhibit A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of the Northeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 00 deg 00 min 00 sec (assumed bearing) on and along the East line of said Northeast Quarter 1188.00 feet; thence South 89 deg 27 min 30 sec West parallel with the North line of said Northeast Quarter 1191.63 feet to the West line of Third Ave., S.W.; thence South 01 deg 07 min 44 sec West on and along said West line 638.97 feet; thence South 00 deg 38 min 00 sec East on and along said West line 291.47 feet to the place of beginning of this tract; thence South 89 deg 22 min 00 sec West 508.20 feet; thence South 00 deg 38 min 00 sec East 300.00 feet; thence North 89 deg 22 min 00 sec East 508.20 feet to the West line of Third Ave., S.W.; thence North 00 deg 38 min 00 sec West on and along said West line 300.00 feet to the place of begirming, containing 3.50 acres, more or less.