HomeMy WebLinkAboutG-2021-005_Authorizing_PB_President_to_sign_Quitclaim_DeedsRESOLUTION NO. G-2021-005
A RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION AUTHORIZING PARK BOARD PRESIDENT TO EXECUTE QUITCLAIM DEEDS
The Carmel/Clay Board of Parks and Recreation (the “Park Board”) met at a duly called
and authorized meeting of the Board held on the date set forth below, such meeting being called
pursuant to a notice stating the time, place and purpose of the meeting received by all of the Board Members, and the following Resolutions were made, seconded and adopted by a majority of those present at the meeting, which constituted a legal quorum of the Board. All or a portion of the Board attended the meeting by remote electronic means in accordance with Governor
Holcomb’s Executive Order 20-09 and the public and media had access to the meeting
electronically.
WHEREAS, the Park Board owns two parcels of real estate commonly known as Flowing Well Park (“Flowing Well”) located at 5100 E. 116th Street, Carmel, Indiana 46033; and
WHEREAS, Flowing Well Parcel 1 consisting of approximately 17.28 acres was acquired from the City of Carmel in 1992, subject to the conditions and restrictions stated in the Quitclaim Deed recorded with the Hamilton County Recorder as Instrument No. 9227628 on July 21, 1992; and
WHEREAS, Flowing Well Parcel 2 consisting of approximately 8,067 square feet was acquired from Brenwick Land Company, L.P. in 1994, subject to the conditions and restrictions stated in the Limited Warranty Deed recorded with the Hamilton County Recorder as Instrument No. 9441050 on September 27, 1994; and
WHEREAS, the Park Board received assistance to acquire Parcel 2 and to develop both parcels into Flowing Well Park in 1993 from the Land and Water Conservation Fund (“LWCF”) pursuant to the terms of the Project Agreement executed on March 1, 1993; and
WHEREAS, pursuant to communications with the Indiana Department of Natural
Resources (“IDNR”) Grant Coordinator, land improved or acquired using LWCF grants must include certain restrictive language on the deed restricting use to only public recreation purposes in perpetuity
WHEREAS, the current deeds for Parcel 1 and 2 do not include the required restrictive
language, an issue which must be resolved to comply with LWCF requirements and prevent unintentional conversion of LWCF-protected property to other uses; and
WHEREAS, the Park Board has determined that it is in the best interests of the Board,
the Department and the Carmel/Clay Community to authorize the Park Board President to
execute Quitclaim Deeds for Flowing Well Parcel 1 and Parcel 2 that include the restrictive language, and correct the Park Board’s name on the deed for Parcel 1, attached hereto and incorporated herein as Exhibit A and Exhibit B; and
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
WHEREAS, after execution, the Department’s Planning & Records Coordinator will record the Quitclaim Deeds with the Hamilton County Recorder, and send copies of the same to
the IDNR Grant Coordinator.
NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION THAT:
1.The foregoing Recitals are incorporated herein by this reference.
2.The Park Board President is hereby authorized and directed to execute the Quitclaim
Deeds attached hereto as Exhibit A and Exhibit B and deliver to the Planning & RecordsCoordinator.
3.The Planning & Records Coordinator is hereby authorized to take all actions necessary to
record the Quitclaim Deeds.
4.This Resolution shall be effective immediately upon its adoption.
APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation this11th day of May, 2021.
CARMEL/CLAY BOARD OF PARKS AND RECREATION
_________________________________ _________________________________ Richard F. Taylor III, President Jenn Kristunas, Vice-President
_________________________________ _________________________________
Lin Zheng, Treasurer Linus Rude, Secretary
_________________________________ _________________________________ Dr. Jessica Beer James D. Garretson
_________________________________ _________________________________ Louise Jackson Joshua A. Kirsh
_________________________________ Mark Westermeier
ABSENT
ABSENT
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
1
QUITCLAIM DEED
THIS INDENTURE WITNESSETH that the Carmel Clay Board of Parks and
Recreation (“Grantor”) hereby QUITCLAIMS to the Carmel/Clay Board of Parks and
Recreation (“Grantee”), for the sum of One and 00/100 Dollar ($1.00) and other valuable
consideration the following described Real Estate in Hamilton County, Indiana:
SEE ATTACHED EXHIBIT “A”
Subject to any and all easements, conditions, restrictions, rights of way and other matters
of record.
In addition, pursuant to the provisions of Section 6 of the Land and Water Conservation
Fund Act (Public Law 88-578, as amended), the above property is property which was acquired or developed with Fund assistance. As such, it shall be retained and used for public outdoor recreation in perpetuity. Said property shall not be wholly or partly converted to other than public outdoor recreation uses without the approval of the National Park Service. Said approval must be granted prior to any action taken. The foregoing condition runs with the land.
The undersigned person executing this deed on behalf of Grantor represents and certifies that he or she has been fully empowered, by proper resolution to execute and deliver this deed on behalf of Grantor; that Grantor has full capacity to convey the real estate described herein and that all necessary actions for the making of such conveyance have been taken and done.
This Quitclaim Deed was executed and delivered for the purpose of a name correction and to add the Land and Water Conservation Fund restrictive language not included in the Quitclaim Deed previously recorded with the Hamilton County Recorder on July 21, 1992 as Instrument No. 9227628.
Signatures on following page.
Exhibit "A"DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
IN WITNESS WHEREOF, the Grantor has executed this deed this ____ day of
_____________, 20____.
“GRANTOR”
Carmel Clay Board of Parks and Recreation
__________________________________________
Richard F. Taylor III, President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTION )
Before me, a Notary Public in and for said County and State, personally appeared Richard
F. Taylor III, President of the Carmel Clay Board of Parks and Recreation, who acknowledged the
execution of the foregoing Quitclaim Deed for and on behalf of said entity, and who, having been
duly sworn, stated that the representations contained therein are true.
Witness my hand and Notarial Seal this ______ day of ___________________, 20____.
Notary Public
Printed
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Brian C. Bosma
This instrument was prepared by Brian C. Bosma, Kroger Gardis & Regas, LLP, 111 Monument
Circle, Suite 900. Indianapolis, IN 46204-5125.
This instrument should be returned to and tax statements should be sent to Carmel/Clay Board of
Parks and Recreation, 1411 E. 116th Street, Carmel, Indiana 46032; (317) 573-4022.
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
3
Exhibit “A”
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
1
QUITCLAIM DEED
THIS INDENTURE WITNESSETH that the Carmel/Clay Board of Parks and
Recreation (“Grantor”) hereby QUITCLAIMS to the Carmel/Clay Board of Parks and
Recreation (“Grantee”), for the sum of One and 00/100 Dollar ($1.00) and other valuable
consideration the following described Real Estate in Hamilton County, Indiana:
SEE ATTACHED EXHIBIT “A”
Subject to any and all easements, conditions, restrictions, rights of way and other matters
of record.
In addition, pursuant to the provisions of Section 6 of the Land and Water Conservation
Fund Act (Public Law 88-578, as amended), the above property is property which was acquired or developed with Fund assistance. As such, it shall be retained and used for public outdoor recreation in perpetuity. Said property shall not be wholly or partly converted to other than public outdoor recreation uses without the approval of the National Park Service. Said approval must be granted prior to any action taken. The foregoing condition runs with the land.
The undersigned person executing this deed on behalf of Grantor represents and certifies that he or she has been fully empowered, by proper resolution to execute and deliver this deed on behalf of Grantor; that Grantor has full capacity to convey the real estate described herein and that all necessary actions for the making of such conveyance have been taken and done.
This Quitclaim Deed was executed and delivered for the purpose of adding the Land and Water Conservation Fund restrictive language not included in the Limited Warranty Deed previously recorded with the Hamilton County Recorder on September 27, 1994 as Instrument No. 9441050.
Signatures on following page.
Exhibit "B"
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
2
IN WITNESS WHEREOF, the Grantor has executed this deed this ____ day of
_____________, 20____.
“GRANTOR”
Carmel/Clay Board of Parks and Recreation
__________________________________________
Richard F. Taylor III, President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTION )
Before me, a Notary Public in and for said County and State, personally appeared Richard
F. Taylor III, President of the Carmel/Clay Board of Parks and Recreation, who acknowledged the
execution of the foregoing Quitclaim Deed for and on behalf of said entity, and who, having been
duly sworn, stated that the representations contained therein are true.
Witness my hand and Notarial Seal this ______ day of ___________________, 20____.
Notary Public
Printed
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Brian C. Bosma
This instrument was prepared by Brian C. Bosma, Kroger Gardis & Regas, LLP, 111 Monument
Circle, Suite 900. Indianapolis, IN 46204-5125.
This instrument should be returned to and tax statements should be sent to Carmel/Clay Board of
Parks and Recreation, 1411 E. 116th Street, Carmel, Indiana 46032; (317) 573-4022.
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
3
Exhibit “A”
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B
DocuSign Envelope ID: 4CFDDA25-2B41-49CC-AF6F-D0813D304B5B