FLowing Well Park - Deed and AgreementsX11 Iau 5L1/4
CORPORATE QUITCLAIM DEED
THIS INDENTURE WITNESSETH, that American Aggregates
Taws
MAY 2
Corporation,'a corporation organized and existing under the
of the State of Ohio with its principal office at 6450 Sand Lake
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 onExhibit "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"), thedue 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 ndtural
appearance or landscapeof the Real Estate. The'.Real=.
Estate may not be used as an amusement park.
2. That the Real Estate, or any part thereof,
shall never be sold, exchanged, or encumbered-by:the E5
Grantee and its successors and assigns except''ofa
county of municipal entity in order to carry out -the r
purposes and intent hereof. c_-1
3. That the Grantee and its successors and
assigns shall properly maintain the Real Estate.
4. That the Real Estate will 1pe 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 conveyance contemplated by this
deed and declare the conveyance forfeited, irrespective
of the period of time which has elapsed and then and
thereupon the Real Estate shall revert to Grantor or
its successors and assigns, or, at the election of the
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
construct or 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
#9104817, a copy of which is attached 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.
14)
IN WITNESS WHEREOF,' Grantor has executed this deed this i1
day of April, 1991.
AMERICAN AGGREGATES CORPORATION
By:
Mike Harmon,
Regional Vice President
STATE OF INDIANA
COUNTY OF menton
SS:
Before nie, 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 Ni day of April,
1991.
(2.0Ccr_LL (7.
Notary Public
My Expires:
xpires:
Commission
E /1 beet a n, ttchae{e.
,Residing in 9/1t,,in-A 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 Quitclaim Deed
for the purposes described, and orders that the Deed be recorded
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 covenants,,
conditions and stipulations contained therein.
Date of Acceptance:
May 20, 1991
ATTEST:
a -c 9
usan W. Jon
fikUnedip
Clerk -Treasurer
CARMEL BOARD OF PUBLIC WORKS AND
SAFETY
Dorothy
Mayor
an.
e1«
Billy/Walker, Member
David L. Taylor Mem•er
This instrument prepared by James J. Nelson, Attorney -at -Law.
Send tax statements to: City of Carmel, c/o Clerk -Treasurer,
One Civic Square, Carmel, Indiana 46032.
Return to: City of Carmel/ c/o -Clerk -Treasurer, One Civic
_Square/ Carmel, Indiana 46032.
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 11 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 said 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
•t
d eB700',
ob
S 89.3011" W '
210.00'
•
SST .1011'
150 00'
N 9oo000' E
50 00'
N
iN
J
P Q
W. O
8m
N 89'301 E 360.00
1
J
91
.8
8
1
`000.
50 100 2r
752,694 8F.
17277 AC.
5 89'3205" w
East
116th
EXHIBIT "A"
1629.49'
Street
J,
.l
RESOLUTION
CC -7-6-92-3
WHEREAS, the City of Carmel is the owner of a certain park in
Carmel, Indiana, commonly known as Flowing Well Park; and
WHEREAS, the City of Carmel desires to convey said park 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 commonly known as Flowing Well Park,
and more fully described in Exhibit "A" hereto, 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 said 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.
2. That the City of Carmel convey the real estate described in
Exhibit "A" 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
recreational facility;
(B) That Grantee shall make no conveyance 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;
(C) That the rights of the general public to use the real
estate shall not be abrogated or limited in any way,
or to any extent, by any agreement between Grantee and
any other person or entity.
f
%/
Adopted this
day of
Council of the City of Carmel.
, 1992, by the Common
Common Council of the City of Carmel
Pr
sidi g Offic
Ci
.-- /
Adop d by the Common Council .' the City of Carmel, this �o
day of «,� , 1992.
1
ATTEST:
usan W. Jones, Cl: x -Treasurer
162114
1621M
Page 2
922`628
OUITCLAIM DEED
THIS INDENTURE WITNESSETH that the City of Carmel, Indiana
("Grantor"), of Hamilton County,
State of Indiana, RELEASES AND
QUITCLAIMS to the Carmel Clay Board of Parks and Recreation of
Hamilton County, State of Indiana ("Grantee"), for the sum of One
Dollar ($1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, the following described real estate in
Hamilton County, Indiana, described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
The real estate described herein being conveyed to Grantee shall
be held, and this conveyance is made upon the following express
conditions: This InstnlmeniRecorded !7 - 2/ 1992
Sharon K. Cherry, Recorder, Hampton County, Indiana
(A) That the real estate to be conveyed shall be used by
Grantee, or its successors, as a public park and
recreational facility;
(B) That Grantee shall make no conveyance 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;
(C) That the rights of the general public to use the real
estate shall not be abrogated or limited in any way,
or to any extent, by any agreement between Grantee and
any other person or entity.
GRANTEE ACKNOWLEDGES THAT IF ANY OF THESE FOREGOING STATED
CONDITIONS OR DEED RESTRICTIONS SHALL BE. VIOLATED, THEN AND IN THAT
EVENT, THEREALESTATE DESCRIBED HEREIN SMALL REVERT BACK TO GRANTOR
AS IF THIS CONVEYANCE HAD NOT BEEN MADE.
THIS CONVEYANCE is also subject to the covenants, conditions and
stipulations to which Grantor agreed- with Grantor's predecessor in
title, which ran with the land, and which was recorded on May 23,
1991, in the Office of the Hamilton County Recorder, as Instrument
Number 9112054.
Subject to- all easements, restrictions and rights of way of
record.
THIS CONVEYANCE was approved by the Common Council of the City
of Carmel, Indiana, in open meeting on
IN WITNESS WHEREOF, Grantor has executed this
the ('day of !y`P'( ,1 1992; and Grantee has executed
DULY ENTERED FOR TAXATION
Ci K£S o NL C(V j LSubject to final a ceptance for transfer
4;61 Loot, CgVham,' .21 day of </vel 19'f Z_
p -
p
' � �_n�auo,
Hamilton County
lD , 1992.
Quitclaim Deed on
Parcel II
this Quitclaim Deed as acknowledgment of the restrictions, cove-
nants, and conditions stated therein.
"GRANTEE"
CARMEL CLAY BOARD OF PARKS AND
RECREATION
BY:r�ZICLi.1'.Ycu
Printed:cma<.nan4L h. flrlloK
Qrc,-;:ho.,i VintrreQ.,
ATTEST:
Signature
Printed: alb D. C nn-hCHA•+'
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
"GRANTOR"
CITY OF CARMEL, INDIANA
Bye �'v`7
Ted . J'ohns\on, Mayor
ATTEST:
S an W. Jones, C k -Treasurer
Before me, a Notary Public inj and for said County and State,
personally appeared Ted E. Johnson and Susan W. Jones, the duly
authorized representatives of the City of Carmel, Indiana, who
acknowledged the execution of the foregoing Quitclaim Deed on behalf
of Grantor; and who, having been duly sworn, stated that any
representations therein contained are true.
WITNESS my hand and Notarial Seal this OL day of V
1992.
MY COMMISSION EXPIRES:
io-zti-gy
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
(Signature - Notary Public)
5 -re v m. Brat wtiu
(Name - Printed or Typed)
COUNTY OF RESIDENCE:
id 14µI �-iokJ
r
Before me, a Notary Public in and for said County and State,
personally appeared _St.LsQnrta.b Al-piny/1 and ua_ u D. CLi.nl1fPhfM,
the duly authorized representatives of the Carmel Clay Boa^ -d of
Parks and Recreation, who acknowledged the execution of the fore-
going Quitclaim Deed on behalf of Grantee; and who, having been duly
sworn, stated that any representations therein contained are true.
9 74P.2
Page 2
1622M
WITNESS my hand and Notarial Seal this ILQ day of
1992.
MY COMMISSION EXPIRES:
dfutAtAteL
C
,M
`G *'`%
14014,9-W"
"
(Signature - Notary Pub1iC)' l >
11,annct C Rfi ceu -\ 1 1 L9
(Name Printed or TypedjT�� •: •��
�r'�••.
COUNTY OF RESIDENCE:
(4.e tlricks
10 .. •
LID
N
C_
C
r
N
This instrument was prepared by Steven M. Brown,, Attorney at Law, of
the Law Firm of Locke Reynolds Boyd & Weisell, 1000 Capital Center
South, 201 North Illinois Street, Indianapolis, IN 46204.
?z2. 7G2&
Page 3
1622M
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 11 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 said 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
H -
v.'A
t 5 89'30'11' M
h( 210.00' 1
z
7152.,;94 8F.
17277 AO.
5 82-32.05' M.
East
llOth
mnAr
Street
This Inslnrment Recorded '7 -,2 L1992
Sharon K. Gnerry, Recorder, Hamilton County, Indiana
•
f:SHI'ilr'P "A"
RESOLUTION
WHEREAS, the City of Carmel is the owner of a certain park in
Carmel, Indiana, commonly known as Flowing Well Park; and
WHEREAS, the City of Carmel desires to convey said park to
the Carmel/Clay Board of Parks and Recreation for park
development purposes and the City of Carmel believes that the
Park Board possesses the means to develop, improve, and maintain
such park.
THEREFORE, BE IT RESOLVED THAT:
1. That the real estate commonly known as Flowing Well Park
and more fully described in Exhibit "A", incorporated herein by
reference and attached hereto, is hereby transferred and conveyed
to the Carmel/Clay Board of Parks and Recreation and the Carmel/
Clay Board of Parks and Recreation does hereby accept the same,
pursuant to IC 36-10-3-11 et al. for the purposes set forth under
IC 36-10-1-2 et al.
2. That the City of Carmel conveys the real estate
described in Exhibit "A" and incorporated herein by reference, to
the Carmel/Clay Board of Parks and Recreation in consideration of
the sum of One Dollar and no Cents ($1.00) subject to the
following conditions:
A. That the Real Estate to be conveyed shall be used
by the Grantee or its sucessors for park purposes only, as
defined by IC 36-10-1-2.
3. That the conveyance contemplated by this Resolution
shall be made only after approval of said transfer by the City of
Carmel.
CARMEL/CLAY BOARD OF PARKS AND RECREATION
BY:
Judi Jacobs, President
ug
Sue Dillon, Vice -President
acting as President
Pro Tem for Judi Jacobs
Laura Arnold, Treasurer Mark
David Carter
hmer
"SIM
gin
y W.ot
Ste- J
Sam Rincker
ATTEST: