Carmelot Park}
DEED
THIS INDENTURE WITNESSES that Indianapolis Water
Company, an Indiana corporation ("Grantor"), hereby CONVEYS
to The City of Carmel, Indiana, a municipal corporation
organized and existing under the laws of the State of Indiana
("Grantee"), as a gift and exclusively for public uses, the
following described real estate situated in Hamilton County,
Indiana, all as shown on the sketch bearing drawing No. H-6148
entitled "Land to be Contributed by Indianapolis Water Company",
which drawing is attached hereto and made a part hereof,
said real estate being more particularly described as follows:
A part of the South Half of the Southwest Quarter of
Section 4, Township 17 North, Range 4 East in Hamilton
County, Indiana, more particularly described as follows:
Beginning 886.45 feet North of the Southwest corner of
the Southwest Quarter of said Section 4 and on the West
line thereof; thence continuing North, on and along
said West line, 438.75 feet to the Northwest corner of
the South Half of the Southwest Quarter of said Section 4;
thence North 89 degrees, 45 minutes East on and along
the North line of said South Half, 1146.65 feet; thence
South 00 degrees, 04 minutes West, 918.75 feet; thence
South 89 degrees, 45 minutes West parallel with said
North line of said South Half, 870.58 feet; thence North
00 degrees, 00 minutes, 00 seconds East parallel to
said West line, 173.00 feet; thence North 89 degrees,
45 minutes East parallel to said North line, 580.00
feet; thence South 00 degrees 04 minutes West, 73.00
feet; thence North 89 degrees, 45 minutes East, parallel
to said North line, 200.00 feet; thence North 00 degrees,
04 minutes East, 200.00 feet;. thence South.89 degrees,
45 minutes West, parallel to said North line, 200.00
feet; thence South 00 degrees, 04 minutes West, 97.00
feet; thence South 89 degrees, 45 minutes West, parallel
with said North line, 580.00 feet; thence North 00 degrees,
00 minutes, 00 seconds East, parallel with said West
Line, 277.00 feet; thence South 89 degrees, 45 minutes
West, parallel with said North line, 275.00 feet to the
point of beginning; containing 19.82 acres, more or
less.
The above described real estate is conveyed subject
to the lien of property taxes'due and payable after the date
hereof, all easements, restrictions, rights-of-way and other
matters of record, and the lien of Grantor's First Mortgage;
dated July 1, 1936, and 14 Supplemental Indentures thereto,
all to The Fidelity Bank, Philadelphia, Pennsylvania, as
Trustee, which mortgage lien the Grantor shall endeavor to
cause to be released in due course.
The undersigned officers executing this Deed on
behalf of Grantor represent and certify that they are duly
elected and serving officers of Grantor and have been fully
empowered and authorized to execute and deliver this Deed to
Grantee; that Grantor has full corporate capacity to make
this conveyance; and that all necessary corporate action for
the making of this conveyance and the execution of this Deed
has been taken.
The Grantor states that it is of the opinion that
no Indiana income tax is now payable in respect of the
transaction that has resulted in the execution of this Deed.
IN WITNESS WHEREOF, Grantor has caused this Deed
to be executed this 21T" day of t i,r�.: eld , 1982.
INDIANAPOLIS WATER COMPANY
ATTEST:
By
H. V. Starks, Secretary
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Maurice C. Stout
Senior Vice President
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for the State of
Indiana, personally appeared Maurice C. Stout and H. V. Starks,
the Senior Vice President and Secretary, respectively, of
Indianapolis Water Company, who acknowledged the execution
of the foregoing Deed for and on behalf of Indianapolis Water
Company and as Indianapolis Water Company's voluntary act
and deed, and who, having been duly sworn, stated that the
representations contained therein are true.
Witness my hand and Notarial Seal this f-ZG ''a day
o f r ged/9/z V , 1982.
SiANtry , Notary Public
I am a resident of
County, Indiana.
My commission expires:
t,f ,., ,,.,,,.,,r.,
MY G : ; t,,;:.:..� ib lr,l11.11 z9, 1935
EARLENE STANLEY
This instrument was prepared by Michael J. Huston, an attorney,
810 Fletcher Trust Building, Indianapolis, Indiana 45204
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LEASE CANCELLATION AGREEMENT
WHEREAS, The City of Carmel, Indiana (hereinafter the "City"), and the Hamilton County
Department of Parks and Recreation, formerly known as the Hamilton County Park and Recreation Board
(hereinafter "HC"), entered into a Lease dated April, 2, 1984, regarding certain real property owned by the
City to be managed by HC, as a community park now known locally as Cannelot Park (hereinafter the
"Park"), for a period of fifty (50) years ending March 2, 2034; and,
WHEREAS, the Lease was amended by an Escrow Agreement dated April 2, 1984 and an
Addendum to Lease and Escrow Agreements of April 2, 1984, dated March 17, 1986, (the "Addendum")
(as used herein, the Lease includes the Escrow Agreement and the Addendum); and
WHEREAS, the nature of the real estate has changed due to the sinking of well fields in and on the
Park; and,
WHEREAS, Indiana State Statutes restrict the use of land surrounding well fields such that the
Park does not fit with the mission of HC; and,
WHEREAS, the Park has been primarily used by the Carmel Dad's Club (hereinafter "Club") for
their youth baseball programs; and,
WHEREAS, HC and the City are willing to cancel the Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE PARTIES that the Lease is terminated and
canceled as of 'Mi l 1.7 , 2006 (the "Lease Termination Date"), and neither party has any
further rights or liabilities under the lease.
[1'E Bas'My DocumaatS Ay+emmuLaucApemrnts CANCEL LEASE AGREEMEAIS CanrcW Ise cancel do( 3I37 jt 331 Pali
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FURTHER, HC acknowledges that it will forfeit all equipment, improvements, buildings and
structures (the "Improvements") placed on or at the Park as part of the consideration to the City for the
cancellation of the lease agreement.
FURTHER, HC acknowledges that all Improvements will become the property of the City of
Carmel to do with as it pleases.
FURTHER, HC represents and warrants that it has not entered into any lease or agreement with
respect to the Park which is in effect as of the Lease Termination Date. , n
ALL OF WHICH IS APPROVED AND ADOPTED this 17 day of ir" I
2006.
CITY OF CARMEL, INDIANA
By and through its Boardpf-ublic Works and Safety
James Brainard, Presiding Officer
Date:
Mary An
Date:
urke, Member
Lori S. Watson
Date:
ATTE
lana L. Cordray, TAM V' erk-T easurer
Date: .) /1
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ALL OF WHICH IS APPROVED AND ADOPTED this 17 day of -U L- , 2006.
HAMILTON COUNTY DEPARTMENT OF PARKS
AND RECREATION BY ITS BOARD
BY:
A 1 x/
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Andrew T. Prather
Date:
Ernie Milliken, Vice President
Date:
4
Phil Shel Secretary
11
Susan Peterson, Member
Date:
Mark McCauley, Member
Date: -7- / 7- O/d,
Prepared by Thomas D. Perkins, City of Carmel, Assistant City Attorney, One Civic Square, Carmel, Indiana 46032
(Z'E 10ss`AfyW[unr lIAyreemenLPAGlseApeanmtl CANCEL LE., N. AGREEMENTS Cam2b, lus emce]daO/3.7 331 PM}
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