Central Park Deeds and AgreementsAGREEMENT TO COOPERATE
This Agreement to Cooperate (the "Agreement"), has been entered into by and
between the City of Carmel, Indiana and the Carmel -Clay Board of Parks and Recreation
(thc "Park Board").
WITNESSETH THAT
WHEREAS, the Carmel -Clay Board of Parks and Recreation (the "Park Board")
was created and reformed pursuant to the Interlocal Cooperation Act of the State of
Indiana (the "Joinder Agreement") by and between Clay Township of Hamilton County,
Indiana (the "Township") and the City of Carmel, Indiana (the "City") for the purpose of
jointly administering the park and recreational needs of the City and the Township; and
WHEREAS, the Park Board owns in fee the several tracts of real property
consisting of approximately one hundred thirty-four (134) acres located at 11410
Westfield Boulevard, Carmel, Indiana and which is commonly known as Central Park
("Central Park"); and
WHEREAS, the City owns in fee three (3) tracts of real property which together
total approximately twenty seven (27) acres and which are located within the City along
and south of 116`h Street, are commonly known as 1411 East 216`h Street, 1427 East 116`h
Street and 1507 East 116`h Street, respectively, border Central Park, and are more
particularly described on Exhibit A, attached hereto and incorporated herein (the
"Original City Property"); and
WHEREAS, the Original City Property has been reduced in size by the right of
way necessary for the proposed 116th Street Widening Project (the "116`h Street ROW"),
such Original City Property, as so reduced in size by the 116`h Street ROW, being
described on Exhibit B, attached hereto and incorporated herein (hereinafter, the
"Property"); and
WHEREAS, the Park Board has determined that it is in the best interests of the
Carmel/Clay community to enlarge Central Park and, to that end, has taken all necessary
steps to acquire fee simple title to the Property (the "Acquisition"); and
WHEREAS, the City has of even date herewith conveyed the Property to the
Park Board; and
WHEREAS, the Property is and will be encumbered by those temporary rights-
of-way identified as Parcels 36A through 36G, inclusive, on the Survey, as defined
herein; and
WHEREAS, the City will have limited or no control over the 116`h Street
Widening Project, in that the 116`h Street Widening Project involves Federal and/or State
of Indiana funds and will be administered by the Indiana Department of Transportation or
another Federal or State of Indiana agency (collectively, "INDOT").
NOW THEREFORE, the parties hereto agree as follows:
1. Cooperation With Park Board Use Of The Property. The City
has of even date herewith granted the Park Board an Access
Easement over, under and across the 116th Street ROW to coincide
with existing drives located thereon and to allow the location and
installation of an entrance into the Property aligned with Fairgreen
Drive on the north side of 116`h Street to allow an entrance into
Central Park from 116th Street. The City agrees to cooperate with
the Park Board, understanding that the City cannot bind nor control
INDOT, upon completion of the 116th Street ROW:
a. to obtain the release of all temporary rights-of-way as
shown on that certain ALTA/ ACSM Land Title and Topographic
Survey prepared as job no. 02-624 by American Consulting
Engineers, certified to the City and the Park Board and last revised
on December 17, 2002 (the "Survey") or such temporary right-of-
way as may in the future be located on the Property to facilitate
construction of the 116th Street ROW; and
b. to cause the restoration and reconstruction of the
temporary rights-of-way to a condition substantially similar to the
condition the underlying property was in prior to the use of the
temporary rights-of-way; and
c. to allow reasonable access in, on and over the
temporary rights-of-way at reasonable times during improvement
of the 116th Street ROW to facilitate work being done on the
Property by the Park Board, understanding that, upon receipt of
written notice thereof, certain access points may be temporarily
obstructed to facilitate the improvement of the 116th Street ROW;
and
d. to allow the Park Board reasonable access and the right
to connect to utility and telecommunication lines, improvements,
and related facilities for legal drains, sanitary sewer, telephone,
gas, electric, water distribution and extension, storm water
drainage and outlets, and other public utility lines and related
facilities and tap ins (as well as access to all the same for
inspection, repair, maintenance, operating and replacement), on
and across the 116°i Street ROW and temporary rights of way as
shown on the Survey, provided that such activities by the Park
Board are coordinated in advance with the City and the 116`h Street
Widening Project and are otherwise conducted by the Park Board
in accordance with all applicable laws, rules, and regulations,
including, but not limited to, those of third party utility companies.
2. Cooperation With Park Board Plans For Central Park. In addition to
the foregoing, the City further agrees to cooperate with the Park Board
with respect to the City's activities within the 116th Street ROW with
respect to the Park Board's plans for the development of the Property and
Central Park. The Park Board understands and agrees that the City cannot
bind nor control INDOT.
Indemnification. Each party hereto agrees to indemnify, defend and hold
the other party hereto, as well as such other party's officers, members,
employees, consultants, attorneys, invitees, successors and assigns, free
and harmless from and against any and all liability, loss, cost and expense
of every nature, including, without limitation, costs and attorney fees,
whether or not suit be brought, which results from: (i) injury or death to
persons, or loss of or destruction to property arising out of such party's
activities within the 116t Street ROW and/or the proposed temporary
rights-of-way as shown on the Survey (the "ROW Areas"); (ii) any
mechanic's or materialman's lien which becomes an encumbrance against
the ROW Areas or the Property to the extent the same is caused or
incurred as a result of such party's activities; PROVIDED, HOWEVER,
that no such indemnification shall be required with respect to losses or
liabilities arising solely by reason of the negligence of the other party
hereto, or of its officers, members, employees, consultants, attorneys,
invitees, successors and assigns. This indemnification provision shall
survive the termination of the rights of way for a period of one (1) year.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, an appropriate officer of the City of Carmel,
Indiana, and the Cannel -Clay Board of Parks and Recreation, has caused this
Agreement to be executed on behalf of the City and the Park Board by affixing
his or her duly authorized signature below for and on behalf of the party they
represent herein.
THE CITY OF CARMEL, INDIANA
By:
Date:
Steve Engelking, Director of Administration
ATTEST:
THE CARMEL-CLAY BOARD OF PARKS AND RECREATION
By:
Date:
ATTEST:
w .vu a.v• vvcSZVJJCS - tt!'lLIYL CJI-J".L
EXHIBIT A — LEGAL DESCRIPTION -
PARCEL #1:
PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH,
RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: -
BEGINNING ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION
1, TOWNSHIP 17 NORTH, RANGE 3 EAST 986.33 FEET NORTH 89 DEGREES
12 MINUTES 00 SECONDS EAST (ASSUMED BEARING) OF THE NORTHWEST
CORNER THEREOF;• THENCE NORTH 89 DEGREES 12 MINUTES 00 SECONDS
EAST ON AND ALONG SAID NORTH LINE 248.10 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS PARALLEL WITH THE WEST LINE OF
SAID QUARTER 661.10 FEET; THENCE NORTH 87 DEGREES 19 MINUTES 30
SECONDS WEST 245.94 FEET TO THE EAST LINE OF "DONNYBROOK
ADDITION", A SUBDIVISION IN HAMILTON COUNTY, INDIANA, THE PLAT
OF WHICH IS RECORDED IN PLAT BOOK 2, PAGES 233 AND 234, IN THE
OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 00 DEGREES
14 MINUTES 32 SECONDS WEST ON AND ALONG THE EAST LINE OF SAID
"DONNYBROOK ADDITION", 371.16 FEET TO THE NORTHEAST CORNER OF
LOT 18, IN SAID ADDITION; THENCE SOUTH 89 DEGREES 12 MINUTES 00
SECONDS WEST. PARALLEL WITH THE NORTH LINE AFORESAID 0.83 FEET;
THENCE NORTH.00 DEGREES 00 MINUTES 00 SECONDS PARALLEL WITH THE
WEST LINE OF SAID QUARTER 275.00 FEET TO THE BEGINNING POINT;
CONTAINING 3.71 ACRES, MORE OR LESS. (PARCEL NO.
17-13-01-02-02-002.000)
ALSO
PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH,.
RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION'1, TOWNSHIP 17 NORTH, RANGE 3. EAST; THENCE NORTH 89
DEGREES 12 MINUTES 00 SECONDS EAST (ASSUMED BEARING) ON AND
ALONG THE NORTH LINE OF SAID QUARTER 1234.43 FEET; THENCE SOUTH
00 DEGREES 00 MINUTES 00 SECONDS PARALLEL WITH THE WEST LINE OF
SAID QUARTER 661.10 FEET TO THE BEGINNING POINT OF THIS
DESCRIPTION; CONTINUING THENCE SOUTH 00 DEGREES 00 MINUTES 00
SECONDS PARALLEL WITH SAID WEST LINE 797.60 FEET; THENCE SOUTH
89 DEGREES 12 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH
LINE AFORESAID 24.00 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 45
SECONDS WEST 224..10 FEET (218.25 FEET MEASURED TO THE WEST LINE
OF "DONNYBROOK ADDITION", A SUBDIVISION IN HAMILTON COUNTY,
INDIANA, THE PLAT of WHICH IS RECORDED IN PLAT BOOK 2 PAGES 233
AND 234, IN THE OFFICE OF THE HAMILTON. COUNTY RECORDER); THENCE
NORTH 00 DEGREES 14 MINUTES 32 SECONDS WEST ON AND ALONG THE
EAST LINE OF SAID "DONNYBROOK. ADDITION",'.811.78 FEET; THENCE
SOUTH 87 DEGREES 19 MINUTES 30 -SECONDS EAST AND 245.94 FEET TO
THE BEGINNING POINT;_ CONTAINING 4.44 ACRES MORE OR LESS.
EXHIBIT A
Page 1 of 4
"Orieival City Property"
CASE NO. 00294053A.- AMENDED -2
EXHIBIT 11 - CONT'D
(PARCEL 17-13-01-02-02-02-005.000)
ALSO
A PART OF THE NORTHEAST QUARTER_OF SECTION ONE (1), TOWNSHIP
SEVENTEEN (17) NORTH, RANGE THREE (3) EAST IN CLAY TOWNSHIP,
HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
BEGIN AT A POINT 986.33 FEET EAST OF THE NORTHWEST CORNER OF
SAID QUARTER SECTION, RUN THENCE EAST ON THE NORTH LINE OF SAID
QUARTER SECTION 248.1 FEET TO'A POINT (THE TRUE BEGINNING POINT
OF THE REAL ESTATE HEREIN DESCRIBED); THENCE EAST 12.75 FEET TO
A POINT, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID
QUARTER SF,CTION 1458.73 FEET, THENCE WEST 12.75 FEET, THENCE
NORTH 1458.73 PEET TO THE NORTH LINE OF SAID QUARTER SECTION TO.
THE.PLACE OF BEGINNING. (PARCEL NO. 17-13=01-.02-02-003.001 AND
17-13-01-02-02-004.000)
EXHIBIT A
Page 2 of 4
CASE NO. 00294053B
EXHIBIT A - LEGAL DESCRIPTION
PARCEL #2:
Part of the Northeast Quarter of Section 1, Township 17 North,
Range 3 East of the Second Principal Meridian, Hamilton County,
Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section;
thence on the North line thereof, South 89 degrees 12 minutes
00 seconds West (assumed bearing) 1148.25 feet to the point of
beginning of the herein described real estate; thence parallel
with the West line of said Quarter Section, South 00 degrees 00
minutes 00 seconds West 1466.35 feet; thence North 89 degrees 03
minutes 50 seconds West 278.23 feet to the East line. of land
described in a deed to Harry H. and Dorothy (1. Ward, recorded
in Deed Book 130, page 48 in the Hamilton County Recorder's
Office; thence on said East line, South 00 degrees 00 minutes
00 seconds West 0.81 feet to the Southeast corner of said land;
thence South 89 degrees 12 minutes 00 seconds West 11.74 feet.
to the Southeast corner of land described in a deed to Sidney
V. Corder, recorded as Instrument Number 9745376 in said
Recorder's Office; thence on the East line of said land North
00 degrees 00 minutes 00 seconds East 1458.73 feet to a point
in the North line of said Quarter Section; thence on said North
line North 89 degrees 12 minutes 00 seconds East 289..96 feet to
the point of beginning, containing 9.730 acres, more or less.
(Parcel Nos. 17-13-01-00-00-008.000, 17-13-01-02-02-003.000)
EXHIBIT A
Page 3 of 4
CASE NO. 00293964
EXHIBIT A - LEGAL DESCRIPTION
A part of the North Half of the Northeast Quarter of Section 1,
Township 17 North, Range 3 East, described as follows:
Begin at a point 870 feet West of the Northeast corner of said
Quarter Section; run thence South 1474.65 feet to the South
line of the North half of said Northeast Quarter; thence West
-on the South line of said North Half of the Northeast Quarter
273.75 feet; thence North 1466.35 feet to the North line of said
North Half of the Northeast Quarter; thence East on said North
line 278.25 feet to the place of beginning, containing 9.31
acres, more or less.
EXHIBIT A
Page 4 of 4
File No.: 2024363
EXHIBIT B
Part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East of the Second Principal
Meridian, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter of said Section 1, Township 17 North,
Range 3 East; thence North 88 degrees 51 minutes 05 seconds East (assuming the bearing of the West
line of said Northeast Quarter to be North 00 degrees 00 minutes 00 seconds East) 29.73 feet along the
North line of said Northeast Quartcr to the Southwest comer of the Southeast Quarter of Section 36,
Township 18 North, Range 3 East; thence North 89 degrees 13 minutes 02 seconds East 956.60 feet
along the North line of said Northcast Quarter to the northwestern corner of a 3.71 acre tract of land
granted to Sydney V. Corder ("Corder Tract"), (recorded as Instrument No. 9709745376 in the Office of
the Recorder of Hamilton County, Indiana); thence South 00 degrees 14 minutes 26 seconds West 45.28
feet along the western boundary line of said 3.71 acre tract of land to the southern right of way line of
110 Street as established by Hamilton County Highway Project STP -B886 and the Point of Beginning
of this description, the following three (3) courses are along the southern right of way line of said 116ih
Street; 1) thence North 89 degrees 13 minutes 02 seconds East 292.61 feet; 2) thence Easterly 64.86 feet
along an arc to the right and having a radius of 4,865.49 feet and subtended by a long chord having a
bearing of North 89 degrees 35 minutes 57 seconds East 64.86 feet; 3) thence North 89 degrees 58
minutes 52 seconds East 471.61 feet to the eastern line of a 9.31 acre tract granted to Morris A.
Silverman recorded as Instrument No. 9909937064 in the Office of said Recorder; thence South 00
degrees 10 minutes 31 seconds West 1406.99 feet along said eastern line to the southeastern corner of
said Silverman tract, said corner being on the South line of said Northeast Quarter; thence North 88
degrees 58 minutes 37 seconds West 273.80 feet (273.75 feet — deed) along the South line of said
Northeast Quarter to the eastern line of a 9.730 acre tract granted to Denee M. Damian ("Damian Tract")
(recorded as Instrument No. 200000007293 in said Recorder's Office); thence South 00 degrees 00
minutes 00 seconds West 16.06 feet parallel with the West line of said Northeast Quarter and along said
Eastern line to the Southeastern corner thereof, (the following three (3) courses are along the Southern
boundary of said Damian Tract); 1) thence North 89 degrees 03 minutes 50 seconds West 278.26 feet
(278.23 feet — deed); 2) thence South 00 degrees 00 minutes 00 seconds West 0.73 feet (0.81 feet —
deed); 3) thence South 89 degrees 13 minutes 02 seconds West 11.75 feet (11.74 feet — deed) to the
Southeastern comer of said Corder Tract, the following three (3) courses are along the boundary of said
Corder Tract; I) thence South 89 degrees 13 minutes 02 seconds West 36.75 feet parallel with the North
line of said Southeast Quarter; 2) thence South 89 degrees 23 minutes 47 seconds West 224.42 feet
(224.10 feet — deed) to the Eastern line of the Donnybrook Addition (recorded in Plat Book 2, pages 233
and 234 in said Recorder's Office); 3) thence North 00 degrees 00 minutes 00 seconds East 1183.03 feet
(1182.94 feet — deed) along the Eastern line of said Donnybrook Addition to the Northeastern corner of
Lot 18 therein; thence South 89 degrees 13 minutes 02 seconds West 0.83 feet along the Northern line of
said Lot 18 to the Western boundary line of said 3.71 acre tract of land; thence North 00 degrees 14
minutes 26 seconds East 229.73 feet along said Western boundary line to the Point of Beginning of this
description, containing 26.795 acres, more or less.
NOTE: The acreage is included above for descriptive purposes only.
4
•
Ks .00
t n j t
QUITC
200000064069
Filed For Record in
HAMILTON COUNTY, INDIANA
NARY L CLARK
LAIM DEED 12-29-2000 10:46 am.
0 C DEED 16.00
This Indenture Witnesseth that MORRIS A. SILVERMAN of Hamilton County, Indiana ("Grantor")
quitclaims to the CITY OF CARMEL ("Grantee"), for valuable consideration. the receipt and sufficiency of which
is hereby acknowledged, all of his/her 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 by
reference herein.
i
IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this /�` day of
December. 2000.
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Morris A. Silverman
Before me, a Notary Public in and for said County and State, personally appeared Morris A. Silverman
who acknowledged the execution of the foregoing "Quitclaim Deed" as his/her voluntary act and deed.
WITNESS my hand and Seal this / 5 day of December. 2000.
Amt t NCI=
H�
Casty �N/114111
of Inline. it Wilton
My Commission Expires:
Gigke Wad
Notary Public
Printed
My County of Residence:
This instrument prepared by: Tanury K: Haney, Bose McKinney & Evans. 600 East 96th Street, Suite 500,
Indianapolis, Indiana 46240.
After Recording return to and send Tax Statements to: City of Carmel. One Civic Square. Carmel, Indiana
46032.
TAY? : o» G (_
e.or nel ICU
��3�
::OW IA\.uuODNIawo r.3so5=:I
(4 7/
, L'/ H
0
. 200000001125
Filed for Record in
HAMILTON COUNTY, INDIANA
RY
CORPORATE WARRANTY DEED OnR01-06L2p
AL
CQ, CORPORATE At 04:30 pm.
�)1-•—, CORP W DEED 22. 00
THIS INDENTURE WITNESSETH, that NRC Corp., an Indiana corporation ("Grantor"),
CONVEYS AND WARRANTS to Carmel -Clay Park and Recreation Board ("Grantee"), for the sum
of Ten and 00/100 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the following described real estate ("Real Estate") in Hamilton
County, in the State of Indiana:
SEE ATTACHED EXHIBIT "A"
Title to the Real Estate is conveyed to Grantee subject only to:
1. real estate taxes for the first half of 1999 due and payable in May 2000, and all real
estate taxes due thereafter;
2. covenants, conditions, restrictions and easements of record;
3. such matters as would be disclosed by an accurate survey or physical inspection of
the Real Estate, including any boundary overlaps;
4. all rights of the public, the State of Indiana and its political subdivisions, in and to
that portion of the Real Estate which has been taken or used for highways, right-of-
way or related purposes.
The undersigned person executing this deed on behalf of Grantor represents and certifies
that he is the duly elected president of Grantor and has been fully empowered, by proper
resolution of the Board of Directors of said corporation, to execute and deliver this deed; that
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. There
is no Indiana Gross Income Tax due on the transfer made by this conveyance.
IN WITNESS WHEREOF, Grantor has executed this deed this 6th day of January, 2000.
GRANTOR
NRC Corp., an Indiana corporation
DULY ENTERED FOR TAXATION
Subjt to final •ptance for transfer
f'' day 20
Auditor
Hamilton County
Parcel #
By: 47227k.....--- 7 ificZ11...,,.a`
Stephen L. Valinet, President
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public, in and for said County and State this 6th day of
January, 2000, personally appeared Stephen L. Valinet as President ofNRC Corp., who, having been
duly sworn, acknowledged the execution of this Corporate Warranty Deed on behalf of said
Transferor.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal
this 6th day of January, 2000.
My Commission Expires:
11-9-2006
My County of Residence is:
Hamilton
e:
David W. Womer
This instrument was prepared by, and should be returned to, Brian C. Bosma, Kroger, Gardis &
Regas, 111 Monument Circle, Suite 900, Indianapolis, IN 46204-5175.
Grantee's post office address is, and tax statements should be sent to: Carmel -Clay Park and
Recreation Board, 1055 3`d Avenue S.W., Carmel, Indiana 46032.
EXHIBIT A
(Record Legal Descriptions)
PARCEL I (PER HAMILTON COUNTY INSTRUMENT NO. 9451731):
THAT PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 1,
TOWNSHIP 17 NORTH, RANGE 3 EAST, BOUNDED AS FOLLOWS: BEGIN AT THE
NORTHEAST CORNER OF THE SOUTH HALF OF SAID QUARTER SECTION, RUN
SOUTH 204.7 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID HALF
QUARTER SECTION 919.8 FEET TO THE EAST LINE OF THE TRACTION COMPANY'S
RIGHT-OF-WAY; THENCE NORTHEASTERLY ALONG SAID EAST LINE OF SAID
TRACTION COMPANY'S LINE TO THE NORTH LINE OF THE SOUTH HALF OF SAID
QUARTER SECTION, THENCE EAST 786.5 FEET TO THE BEGINNING, CONTAINING 4
ACRES IN HAMILTON COUNTY, INDIANA.
ALSO, A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 1,
TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF QUARTER
SECTION, RUN THENCE NORTH ALONG THE EAST LINE OF SAID NORTH HALF
QUARTER SECTION 6.00 FEET; THENCE WEST PARALLEL TO AND 6.00 FEET
DISTANT NORTH FROM THE SOUTH LINE OF SAID NORTH HALF QUARTER
SECTION 696.00 FEET TO A POINT; THENCE NORTHWESTWARDLY ON A FORWARD
DEFLECTION ANGLE TO THE RIGHT OF 23 DEGREES 48 MINUTES A DISTANCE OF
82.98 FEET TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF AN ABANDONED
TRACTION LINE; THENCE SOUTHWESTWARDLY ALONG SAID EAST RIGHT-OF-
WAY LINE 45.51 FEET TO THE INTERSECTION OF SAID RIGHT-OF-WAY LINE AND
THE SOUTH LINE OF SAID HALF QUARTER SECTION; THENCE EAST ALONG THE
SOUTH LINE OF AFORESAID HALF QUARTER SECTION 795.00 FEET TO THE PLACE
OF BEGINNING. CONTAINING 0.154 ACRES, MORE OR LESS, IN HAMILTON
COUNTY, INDIANA.
ALSO, A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 17
NORTH, RANGE 3 EAST, DESCRIBED AS FOLLOWS:
BEGIN AT AN IRON STAKE WHICH IS 1125.8 FEET NORTH AND 918.0 FEET WEST OF
THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 1,
TOWNSHIP 17 NORTH, RANGE 3 EAST, RUN THENCE NORTHEASTERLY ALONG
THE EAST RIGHT-OF-WAY LINE OF THE OLD TRACTION COMPANY 210.0 FEET TO
A POINT, THENCE WEST 92.38 FEET TO AN IRON STAKE, THENCE
SOUTHWESTERLY ALONG THE WEST RIGHT-OF-WAY LINE OF THE OLD
TRACTION COMPANY 204.96 FEET TO A POINT, THENCE EAST 92.38 FEET TO THE
PLACE OF BEGINNING. CONTAINING 0.44 ACRES, MORE OR LESS, IN HAMILTON
COUNTY, INDIANA.
PARCEL II (PER HAMILTON COUNTY D.B 133, PG. 556):
The South Half of the Northwest Quarter of Section 1, Township 17 North, Range 3 East,
containing 80.55 acres, more or less, and all that part of the Southwest Quarter of the Northeast
Quarter of said Section, Township and Range lying north and west of the West right of way line
of the old Indiana Union Traction Company, except the right of way of the Monon Railroad
Company; subject to a certain lease granted to Ohio Fuel Gas Company, now owned by Indiana
Gas Transmission Corporation.
PARCEL III (PER HAMILTON COUNTY INSTRUMENT #9547522):
Part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 17 North, Range 3
East, Hamilton County, Indiana, lying North and West of the Western right of way line of the
former Indiana Union Traction Company, and being described as follows:
Commencing at a '/2 inch rebar at the southeast corner of the Northeast Quarter of Section 1,
Township 17 North, Range 3 East; thence on an assumed bearing of North 87 degrees 23 minutes
11 seconds West along the South line of said Northeast Quarter a distance of 1339.62 feet to the
Southwest corner of the Southwest Quarter of said Northeast Quarter; thence North 01 degrees
32 minutes 40 seconds East along the West line of said Quarter -Quarter Section a distance of
750.75 feet to the Western right of way line of the former Indianapolis Norther Traction
Company, being the Point of Beginning; thence continuing North 01 degrees 32 minutes 40
seconds East along said west Quarter Quarter -Quarter line a distance of 578.48 feet to the
northeast corner of said Quarter -Quarter Section; thence South 87 degrees 11 minutes 06 seconds
East along the north line of said Quarter -Quarter Section a distance of 460.08 feet to said
Western right of way line, being a point on a curve, the radius point of which bears North 56
degrees 54 minutes 14 seconds West, 2824.93 feet; thence southwesterly along the arc of said
curve and along said western right of way line a distance of 733.16 feet to the Point of
Beginning, containing 3.320 acres, more or less.
PARCEL IV (PER HAMILTON COUNTY D.B 235, PG. 131):
Parcel I
Beginning at a point 457 feet West of the Northeast corner of Section 1, Township 17 North,
Range 3 East, in Hamilton County, Indiana, and run thence West 413 feet, thence South 1474.65
feet, thence in a Northeasterly direction following the right of way of the Indiana Union Traction
Company for a distance of about 1620 feet to the place of beginning, containing 8.76 acres, in
Hamilton County, Indiana.
Parcel II
A part of a strip of land formerly owned by the Indiana Railroad and formerly used as right of
way for an Electric Interurban Railroad, situated in the Northeast Quarter (1/4) of Section One
(1), Township Seventeen (17) North, Range Three (3) East, Hamilton County, Indiana. Being a
part of the same strip of land conveyed to the Indianapolis Northern Traction Company by
Margaret Hummer by deed dated April 30, 1903, and recorded in deed record 85, page 238, in
the Recorder's Office of Hamilton County, Indiana, and bounded and described in said deed as
follows:
Beginning at a point in the North line of said Section One (1), Three Hundred Eighty-five (385)
feet West of the Northeast corner of said Section One (1), thence Southerly parallel with and
Forty (40) feet distant at right angles Easterly from the centerline of the Indianapolis Northern
Traction Company on a Two (2) degree curve to the right Fifteen Hundred Thirty-six and Eleven
Hundredths (1536.11) feet to a point in the South line of said Margaret Hummer's land Seven
Hundred Eighty-four and Forty-one Hundredths (784.41) feet West of the range line; thence
West on said South land line Ninety-two and Thirty-eight Hundredths (92.38) feet; thence
Northerly on a Two (2) degree curve to the left, running parallel with and Forty (40) feet distant
Westerly at right angles from the aforesaid centerline of the Indianapolis Northern Traction
Company Fifteen Hundred Eighty-two (1582) feet to the North line of said Section One (1),
thence East on said North Section line to the place of beginning, containing 2.9 acres, more or
less.
Instrument
200000001130
COVENANT NOT TO CONDEMN AND COOPERATION AGREEMENT
This Covenant has been entered into and authorized by the Carmel -Clay Park and
Recreation Board (the "Park Board") and shall be effective as of the recording of this Covenant
with the Hamilton County Recorder.
WITNESSETH THAT
WHEREAS, the Carmel -Clay Park and Recreation Board (the "Park Board") was created
pursuant to a Park Joinder Agreement (the "Joinder Agreement") by and between Clay Township
of Hamilton County, Indiana (the "Township") and the City of Carmel of the State of Indiana
(the "City") for the purpose of jointly administering the park and recreational needs of the City
and the Township; and
WHEREAS, pursuant to the authority delegated by the Joinder Agreement to the Park
Board, certain condemnation proceedings were instituted in the Hamilton Superior Court under
cause number 29D03 -9808 -MI -448 (the "Litigation") affecting several tracts including an
approximate 36.12 acre tract owned by Valley Development Co., Inc. (the "Owner), which tract
is more particularly described in Exhibit "A" attached hereto (the "Property"); and
WHEREAS, in order to further the purposes of the Joinder Agreement and to facilitate
the compromise and settlement of the Litigation, and for other good and valuable consideration
the receipt of which is hereby acknowledged, the Park Board desires to covenant not to exercise
the power of eminent domain against the Property, for the time period and subject to the
exceptions set forth in this Covenant, and further desires to covenant to cooperate in the
development of the Property as set forth below.
NOW THEREFORE, the Park Board hereby agrees and covenants to the following
restrictions with respect to the Property:
1. No Condemnation. For a period of ten (10) years commencing on the effective
date set forth in Section 6 below (the "Effective Date") and ending on the tenth (10th) anniversary
of the Effective Date, the Park Board shall not, for any reason or purpose whatsoever, acquire
any portion or all of the Property over the objection of the Owner through the exercise of the
Park Board's power of eminent domain or condemnation. Nothing contained herein shall
prevent the Park Board and the Owner from entering into voluntary discussions or agreements
regarding the sale, contribution, or other voluntary transfer of the Property to the Park Board or
any other political entity. The prohibition contained in this Section 1 shall apply only to direct
actions of the Park Board taken pursuant to its statutory power to condemn property and shall not
apply to claims of inverse condemnation or any other claims affecting the Property when
condemnation proceedings have not been initiated by the Park Board.
200000001130
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 01-06-2000 At 04:30 pm.
DEC COV RES 19.00
2. Cooperation. The Park Board, for itself and its successors in title, further
covenants and agrees that it shall take all reasonable actions and execute all documents
reasonably requested by the Owner of the Property and its successors in title to all or any portion
of the Property (hereafter referred to in this Section 2 as "Owners"), in order to facilitate the
development of the Property, including the prompt execution and delivery at no additional cost of
perpetual easements in recordable form of sufficient width and depth over, under and across
certain real estate acquired by the Park Board from NRC Corp. described on "Exhibit B" attached_
hereto and made a part hereof (the "Park Board Property") to run with the Property and the Park
Board Property to insure the full use, enjoyment and development of the Property and each
portion thereof (the parties acknowledge that the Property may be subdivided), for the location
and installation of usual and customary lines, improvements and related facilities for legal drains,
sanitary sewer, telephone, gas, electric, water distribution and extension, storm water drainage
and outlets, and other public and private utility lines and related facilities and tap ins (as well as
access to all the same for inspection, repair, maintenance, operating and replacement), and on and
across the Park Board Property, as well as over, under and across any other property located
adjacent to the Property heretofore or hereafter owned, operated or otherwise under the control of
the Park Board (any such property along with the Park Board Property collectively referred to as
"Park Properties").
In addition to the foregoing, the Park Board further covenants and agrees to cooperate
with the Owners with respect to the Owners' location of landscaping on the Property, with
respect to the Owners' plans for vehicular and pedestrian ingress and egress to and from the
Property, and with respect to the Owners' plans for the use and location of streets to access the
Property. Nothing contained herein shall require the Park Board to grant the Owners any
easement or other right for ingress or egress other than as provided in the first paragraph of this
Section, or require the location of any street to access the Property over, on or across any Park
Properties.
This Section 2 shall not require the Park Board or its successors in title to take any action
or concede to any easement or other matter which, under the circumstances either: (a)
unreasonably interferes with the full use, enjoyment and development of the Park Properties for
public purposes by the Park Board and its successors in title; or (b) unreasonably interferes with
any facilities located, planned or proposed to be located on the Park Properties for public
purposes. Should any requested cooperation under this Section 2 require the Park Board or its
successors in title to incur any independent contractor or outside consultant expenses (excluding
attorneys' fees) relating to this Section 2, the Owner, or its successors in title shall reimburse the
Park Board or its successors in title for the reasonable cost of such expenses. The Owners shall
be responsible for the expense of drafting any legal instruments required under this Covenant. A
request to the Park Board or its successors in title to take any action or to concede to any
easement or other matter shall not be deemed to be an unreasonable interference with the use,
enjoyment or development of the Park Properties if, inter alia, the sole objection to such request
is the incurrance of costs by the Park Board or its successors in title, provided that the full
reasonable cost thereof is paid by the Then Owner.
2
3. Appurtenance. This Covenant and the terms and conditions stated herein shall
be appurtenant to, imposed upon and shall run with the Property and the Park Board Property,
shall be binding upon the Park Board and its successors in title, and shall enure to the benefit of
the Owner and successors in title to all or any portion of the Property. This Covenant shall not.
be construed to convey any benefit whatsoever upon any party other than the Owner and its
successors in title to all or any portion of the Property, and no other parties shall have the right to
any claim based on this Covenant.
4. Remedies. The Park Board acknowledges that the provisions of this Agreement
are essential for the protection of Owner's legitimate business interests and are fair and
reasonable in scope and content, and agree that an award of money damages would be inadequate
for any breach of this Covenant by the Park Board and that any such breach would cause Owner
irreparable harm. Accordingly, in addition to any other remedies that may be available at law or
in equity, Owner and successors in title to all or any portion of the Property shall be entitled,
without the requirement of posting a bond or other security, to equitable relief, including
injunctive relief and specific performance, to enforce the terms of this Covenant and the Park
Board agrees not to oppose the granting of such relief on the basis that Owner or any successor in
title has an adequate remedy at law. In addition, in the event any party to this Covenant brings a
successful action to enforce any of the terms of this Covenant, including without limitation the
provisions of Section 2 above, the successful party shall have the right to recover its reasonable
attorneys fees from the unsuccessful party. Prior to initiating any legal proceedings based on an
alleged violation of this Covenant, thirty (30) days' written notice and opportunity to cure shall
be delivered and granted to the party alleged to be in violation of the Covenant. Time is of the
essence of this Covenant.
5. Recording. This Covenant shall be placed of record in the office of the Hamilton
County Recorder to give notice of this Covenant, and the representations and agreements
contained herein. This Covenant is the entire agreement between the parties hereto relating to
the subject matter hereof and shall not be amended except in a writing approved by the Park
Board and acknowledged by the Owner or its successor in title in the same manner as this
Covenant. This Covenant shall be governed by, and construed under, the laws of the State of
Indiana. If any portion of this Covenant shall be determined to be unenforceable for any reason,
the unenforceable portions shall be severed from the remainder of this Covenant, and the
remaining portions of this Covenant shall remain fully enforceable.
6. Approval and Effective Date. This Covenant shall be approved upon the
adoption by the Park Board of an appropriate resolution approving and ratifying this Covenant as
evidenced by the signatures appearing below. After approval and execution by the appropriate
officers of the Park Board, and after approval and execution of all other documents necessary and
appropriate to settle and compromise the Litigation, this Covenant shall be presented with all
such documents to the Judge presiding over the Litigation for approval and entry of a final order
to transfer property under the power of eminent domain, and immediately thereafter, this
Covenant shall be recorded with the Hamilton County Recorder, and the date of recordation shall
3
be the Effective Date of this Covenant.
7. Expiration. The provisions contained in Section 1 hereof shall automatically
expire on the tenth (10th) anniversary of the Effective Date of this Covenant and shall thereafter
be of no further force or effect whatsoever, without the necessity of any further action or
recording of any document by any party. All remaining portions of this Covenant shall remain in
full force and effect in perpetuity.
IN WITNESS WHEREOF, the appropriate officers of the Carmel -Clay Park and
Recreation Board have caused this Covenant to be executed on behalf of the Park Board by
affixing their duly authorized signatures below.
CARMEL-CLAY PARK AND
RECREATION BOARD
By: Attest by"
Thomas F McKenna, President Member/t 4:pm
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Ciwy r eun7SHiP T euvree
Before me, in and for said County and State, this 14th day of December,
1999, personally appeared Thomas F. McKenna and %4//n -o Jas President
and member, respectively, of the Carmel -Clay Park and Recreation Board, who acknowledged
that the foregoing statements are true, and that the above Covenant was approved by the Park
Board at a duly called meeting held on the 14th day of December, 199?.Q v,
'
My-Eemmission-Expires: /i - 3 - 5 $ _� c� ' r � . (`:lay TOvrns F.p
'‘ /
-71011t re( h-. �..PG-Li f.ii
Printed Name ' ' •
My County of Residence:
/t7 nn i Tc. r)
4
• •F s ,e
Acknowledged and Accepted by:
VALLEY DEVELOPMENT CO., INC.
By: ke,... Yn t
Stephen L. Valinet, President
STATE OF INDIANA
) SS:
COUNTY OF MARION
Date: December (3 , 1999
Before me, a Notary Public in and for said County and State, thisay of December,.
1999, personally appeared Stephen L. Valinet, who acknowledged that the foregoing.statteen nts„
are true. l
My Commission Expire . 2lv"_ 3DB7
N
My County of Residence:
This document prepared by: Brian C. Bosma, KROGER GARDIS & REGAS, 111 Monument
Circle, Suite 900, Indianapolis, Indiana 46204. (317) 692-9000.
5
EXHIBIT A
Part of the Northwest Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County,
Indiana described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence South 89 degrees 41
minutes 31 seconds East along the north line of said Northwest Quarter a distance of 1319.60
feet to the Point of Beginning; thence continuing along said north line South 89 degrees 41
minutes 31 seconds East a distance of 1144.10 feet; thence South 01 degrees 28 minutes 42
seconds West parallel with the east line of said Quarter Section a distance of 1394.93 feet to the
north line of the South Half of said Northwest Quarter; thence North 88 degrees 05 minutes 26
seconds West along said north line a distance of 1137.72 feet; thence North 01 degrees 13
minutes 59 seconds East parallel with the west line of said Quarter Section a distance of 1363.02
feet to the Point of Beginning, containing 36.12 acres, more or Less.
15,r
}scorn N
COVENANT NOT TO CONDEMN
2000A001132
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 01-06-2000 At 04:30 pm.
DEC COV RES 15.00
This Covenant has been entered into and authorized by the City of Carmel of the State of
Indiana (the "City") by and through its Board of Public Works and Safety (the "Board") and shall
be effective as of the recording of this Covenant with the Hamilton County Recorder.
WITNESSETH THAT
WHEREAS, the Carmel -Clay Park and Recreation Board (the "Park Board") was created
pursuant to a Park Joinder Agreement (the "Joinder Agreement") by and between the City and
Clay Township of Hamilton County, Indiana (the "Township") for the purpose of jointly
administering the park and recreational needs of the City and the Township; and
WHEREAS, pursuant to the authority delegated by the Joinder Agreement to the Park
Board, certain condemnation proceedings were instituted in the Hamilton Superior Court under
cause number 29D03 -9808 -MI -448 (the "Litigation") affecting several tracts including an
approximate 36.12 acre tract owned by Valley Development Co., Inc. (the "Owner"), which tract
is more particularly described in Exhibit "A" attached hereto (the "Property"); and
WHEREAS, in order to further the purposes of the Joinder Agreement and to facilitate
the compromise and settlement of the Litigation, and for other good and valuable consideration
the receipt of which is hereby acknowledged, the City desires to covenant not to exercise the
power of eminent domain against the Property, for the time period and subject to the exceptions
set forth in this Covenant.
NOW THEREFORE, the City hereby agrees and covenants to the following restrictions
with respect to the Property:
1. No Condemnation. Except as provided for below, for a period of ten (10) years
commencing on the effective date set forth in Section 5 below (the "Effective Date") and ending
on the tenth (10th) anniversary of the Effective Date, the City shall not, for any reason or purpose
whatsoever, acquire any portion or all of the Property over the objection of the Owner through
the exercise of the City's power of eminent domain or condemnation. Nothing contained herein
shall prevent the City and the Owner from entering into voluntary discussions or agreements
regarding the sale, contribution, or other voluntary transfer of the Property to the City or any
other political entity. In addition, nothing contained in this Covenant shall prevent the City from
exercising the power of eminent domain or condemnation on or against the Property or any
portion thereof solely for the purpose of obtaining additional right of way for the 116t Street
thoroughfare. The prohibition contained in this Section 1 shall apply only to direct actions of the
City taken pursuant to its statutory power to condemn property and shall not apply to claims of
inverse condemnation or any other claims affecting the Property when condemnation proceedings
have not been initiated by the City.
2. Appurtenance. This Covenant and the terms and conditions stated herein shall
be appurtenant to, imposed upon and shall run with the Property, shall be binding upon the City
and its successors and assigns, and shall enure to the benefit of the Owner and successors in title
to all or any portion of the Property. This Covenant shall not be construed to convey any benefit
whatsoever upon any party other than the Owner and its successors in title to all or any portion of
the Property, and no other parties shall have the right to any claim based on this Covenant.
3. Remedies. The City acknowledges that the provisions of this Agreement are
essential for the protection of Owner's legitimate business interests and are fair and reasonable in
scope and content, and agree that an award of money damages would be inadequate for any
breach of this Covenant by the City and that any such breach would cause Owner irreparable
harm. Accordingly, in addition to any other remedies that may be available at law or in equity,
Owner and successors in title to all or any portion of the Property shall be entitled, without the
requirement of posting a bond or other security, to equitable relief, including injunctive relief and
specific performance, to enforce the terms of this Covenant and the City agrees not to oppose the •
granting of such relief on the basis that Owner or any successor in title has an adequate remedy at
law. In addition, in the event any party to this Covenant brings a successful action to enforce any
of the terms of this Covenant, the successful party shall have the right to recover its reasonable
attorneys fees from the unsuccessful party. Prior to initiating any legal proceedings based on an
alleged violation of this Covenant, thirty (30) days' written notice and opportunity to cure shall
be delivered and granted to the party alleged to be in violation of the Covenant. Time is of the
essence of this Covenant.
4. Recording. This Covenant shall be placed of record in the office of the Hamilton
County Recorder to give notice of this Covenant, and the representations and agreements
contained herein. This Covenant is the entire agreement between the parties hereto relating to
the subject matter hereof and shall not be amended or repealed except in a writing approved by
the City and acknowledged by the Owner or its successor in title in the same manner as this
Covenant. This Covenant shall be governed by, and construed under, the laws of the State of
Indiana. If any portion of this Covenant shall be determined to be unenforceable for any reason,
the unenforceable portions shall be severed from the remainder of this Covenant, and the
remaining portions of this Covenant shall remain fully enforceable.
5. Approval and Effective Date. This Covenant shall be approved upon the
adoption by the Board of an appropriate ordinance or resolution approving and ratifying this
Covenant as evidenced by the signatures appearing below. After approval and execution by the
appropriate officers of the Board, and after approval and execution of all other documents
necessary and appropriate to settle and compromise the Litigation, this Covenant shall be
presented with all such documents to the Judge presiding over the Litigation for approval and
entry of a final order to transfer property under the power of eminent domain, and immediately
thereafter, this Covenant shall be recorded with the Hamilton County Recorder, and the date of
recordation shall be the Effective Date of this Covenant.
6. Expiration. This Covenant shall automatically expire on the tenth (l0`")
anniversary of the Effective Date of this Covenant and shall thereafter be of no further force or
effect whatsoever. No further action or recording of any document is necessary by any party for
the automatic expiration and release of this Covenant.
IN WITNESS WHEREOF, the appropriate officers of the Board of Public Works and
Safety have caused this Covenant to be executed on behalf of the City of Carmel by affixing their
duly authorized signatures below.
By:
CITYY 1 F CARMEL
1�v
J les Brai ard, Presiding
J.
of Public Works an
:f the City of Carmel
STATE OF INDIANA
COUNTY OF HAMILTON
fficer,
Safety
) SS:
Attest by:
J
Diana L. Cordray, Clerk-Trea
of the City of Carmel
Before me, a Notary Public in and for said County and State, this 15th day of December,
1999, personally appeared James Brainard as Presiding Officer of the Board of Public Works and
Safety, and Diana L. Cordray as Clerk -Treasurer of the City of Carmel, who acknowledged that
the foregoing statements are true, and that the above Covenant was approved by the' oarci'at•a
duly called meeting held on the 15th day of December, 1999. ,
My Commission Expires:
My County of Residence:
11-12 -OCo
t�Gl vh c (for)
Acknowledged and Accepted by:
VALLEY DEVELOPMENT CO., INC.
By:
Stephen L. Valinet, President
STATE OF INDIANA
) SS:
COUNTY OF MARION
L1217CriiC./ al` rrce
y
t.
Not Public r'
Printed Name
Date: )sf,3/97
'7efore me, a Notary Public in and for said County and State, this/""day of ri
7)20 , 1999, personally appeared Stephen L. Valinet, who acknowledged that1t:) .,,,
foregoing statements are
My Commission Expire/
My County of Residence:
/
Notaryyublic
Printed Name
This document prepared by: Brian C. Bosma, KROGER GARDIS & REGAS, 111 Monument
Circle, Suite 900, Indianapolis, Indiana 46204. (317) 692-9000.
3
EXHIBIT A
Part of the Northwest Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County,
Indiana described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence South 89 degrees 41
minutes 31 seconds East along the north line of said Northwest Quarter a distance of 1319.60
feet to the Point of Beginning; thence continuing along said north line South 89 degrees 41
minutes 31 seconds East a distance of 1144.10 feet; thence South 01 degrees 28 minutes 42
seconds West parallel with the east line of said Quarter Section a distance of 1394.93 feet to the
north line of the South Half of said Northwest Quarter; thence North 88 degrees 05 minutes 26
seconds West along said north line a distance of 1137.72 feet; thence North 01 degrees 13
minutes 59 seconds East parallel with the west line of said Quarter Section a distance of 1363.02
feet to the Point of Beginning, containing 36.12 acres, more or less.
- 15 .
200000001131
Filed for Record in
HAMILTON COUNTY, INDIANA
\,00 M(t) COVENANT NOT TO CONDEMN On 01-06-2000 At 04:30 pm.
MARY L CLARK
DEC COV RES 15.00
This Covenant has been entered into and authorized by Clay Township of Hamilton
County, Indiana (the "Township") by and through its Township Board and its Trustee and shall
be effective as of the recording of this Covenant with the Hamilton County Recorder.
WITNESSETH THAT
WHEREAS, the Carmel -Clay Park and Recreation Board (the "Park Board") was created
pursuant to a Park Joinder Agreement (the "Joinder Agreement") by and between the Township
and the City of Carmel of the State of Indiana (the "City") for the purpose of jointly
administering the park and recreational needs of the City and the Township; and
WHEREAS, pursuant to the authority delegated by the Joinder Agreement to the Park
Board, certain condemnation proceedings were instituted in the Hamilton Superior Court under
cause number 29D03 -9808 -MI -448 (the "Litigation") affecting several tracts including an
approximate 36.12 acre tract owned by Valley Development Co., Inc. (the "Owner"), which tract
is more particularly described in Exhibit "A" attached hereto (the "Property"); and
WHEREAS, in order to further the purposes of the Joinder Agreement and to facilitate
the compromise and settlement of the Litigation, and for other good and valuable consideration
the receipt of which is hereby acknowledged, the Township desires to covenant not to exercise
the power of eminent domain against the Property, for the time period and subject to the
exceptions set forth in this Covenant.
NOW THEREFORE, the Township hereby agrees and covenants to the following
restrictions with respect to the Property:
1. No Condemnation. For a period of ten (10) years commencing on the effective
date set forth in Section 5 below (the "Effective Date") and ending on the tenth (10th) anniversary
of the Effective Date, the Township shall not, for any reason or purpose whatsoever, acquire any
portion or all of the Property over the objection of the Owner through the exercise of the
Township's power of eminent domain or condemnation. Nothing contained herein shall prevent
the Township and the Owner from entering into voluntary discussions or agreements regarding
the sale, contribution, or other voluntary transfer of the Property to the Township or any other
political entity. The prohibition contained in this Section 1 shall apply only to direct actions of
the Township taken pursuant to its statutory power to condemn property and shall not apply to
claims of inverse condemnation or any other claims affecting the Property when condemnation
proceedings have not been initiated by the Township.
2. Appurtenance. This Covenant and the terms and conditions stated herein shall
be appurtenant to, imposed upon and shall run with the Property, shall be binding upon the
Township and its successors and assigns, and shall enure to the benefit of the Owner and
successors in title to all or any portion of the Property. This Covenant shall not be construed to
convey any benefit whatsoever upon any party other than the Owner and its successors in title to
all or any portion of the Property, and no other parties shall have the right to any claim based on
this Covenant.
3. Remedies. The Township acknowledges that the provisions of this Agreement
are essential for the protection of Owner's legitimate business interests and are fair and
reasonable in scope and content, and agree that an award of money damages would be inadequate
for any breach of this Covenant by the Township and that any such breach would cause Owner
irreparable harm. Accordingly, in addition to any other remedies that may be available at law or
in equity, Owner and successors in title to all or any portion of the Property shall be entitled,
without the requirement of posting a bond or other security, to equitable relief, including
injunctive relief and specific performance, to enforce the terms of this Covenant and the
Township agrees not to oppose the granting of such relief on the basis that Owner or any
successor in title has an adequate remedy at law. In addition, in the event any party to this
Covenant brings a successful action to enforce any of the terms of this Covenant, the successful
party shall have the right to recover its reasonable attorneys fees from the unsuccessful party.
Prior to initiating any legal proceedings based on an alleged violation of this Covenant, thirty
(30) days' written notice and opportunity to cure shall be delivered and granted to the party
alleged to be in violation of the Covenant. Time is of the essence of this Covenant.
4. Recording. This Covenant shall be placed of record in the office of the Hamilton
County Recorder to give notice of this Covenant, and the representations and agreements
contained herein. This Covenant is the entire agreement between the parties hereto relating to
the subject matter hereof and shall not be amended except in a writing approved by the Township
and acknowledged by the Owner or its successor in title in the same manner as this Covenant.
This Covenant shall be governed by, and construed under, the laws of the State of Indiana. If any
portion of this Covenant shall be determined to be unenforceable for any reason, the
unenforceable portions shall be severed from the remainder of this Covenant, and the remaining
portions of this Covenant shall remain fully enforceable.
5. Approval and Effective Date. This Covenant shall be approved upon the
adoption by the Board of an appropriate resolution approving and ratifying this Covenant as
evidenced by the signatures appearing below. After approval and execution by the Trustee and
appropriate officer of the Board, and after approval and execution of all other documents
necessary and appropriate to settle and compromise the Litigation, this Covenant shall be
presented with all such documents to the Judge presiding over the Litigation for approval and
entry of a final order to transfer property under the power of eminent domain, and immediately
thereafter, this Covenant shall be recorded with the Hamilton County Recorder, and the date of
recordation shall be the Effective Date of this Covenant.
6. Expiration. This Covenant shall automatically expire on the tenth (10`s)
anniversary of the Effective Date of this Covenant and shall thereafter be of no further force or
effect whatsoever. No further action or recording of any document is necessary by any party for the
automatic expiration and release of this Covenant.
IN WITNESS WHEREOF, the appropriate officers of Clay Township of Hamilton
County, Indiana have caused this Covenant to be executed on behalf of the Township by affixing
their duly authorized signatures below.
2
TOWNSHIP TRUSTEE OF
CLAY TOWNSHIP OF
HAMILTON COUNTY, INDIANA
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
CLAY TOWNSHIP OF
HAMILTON COUNTY, INDIANA
By:
President, Cl y Township Board
Before me, a Notary Public in and for said County and State, this 18th day of December,
1999, personally appeared Judith F. Hagan as Township Trustee and Mary Eckard, as President
of the Township Board of Clay Township of Hamilton County, Indiana, who acknowledged that
the foregoing statements are true, and that the above Covenant was adopted by the Township
Board at a duly called meeting held on the 18`x' day of December, 1999.
My Commission Expires: g -a7- dz
My County of Residence: (11h1- + I I -1 1-w
Acknowledged and Accepted by:
VALLEY DEVELOPMENT CO., INC.
By: /dC".,R--,-.- Z 141,2,..t.
Stephen L. Valinet, President
STATE OF INDIANA
) SS:
COUNTY OF MARION
Notary Public
Printed Name ` et, Gt..? .r kJ:
hi-
if.J
Date: /2-Os(g7
Before me, a Notary Public in and for said County and State, this/ day of December
1999, personally appeared Stephen L. Valinet, who acknowledged that the foregojng statemepts•,.
are true.
My Commission Expires: ar/5` aW7
1',otaruPublic
My County of Residence: 1/(Q, L�2L
Punted Name
This document prepared by: Brian C. Bosma, KROGER GARDIS & REGAS, 111 Monument
Circle, Suite 900, Indianapolis, Indiana 46204. (317) 692-9000.
3
T
EXHIBIT A
Part of the Northwest Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County,
Indiana described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence South 89 degrees 41
minutes 31 seconds East along the north line of said Northwest Quarter a distance of 1319.60
feet to the Point of Beginning; thence continuing along said north line South 89 degrees 41
minutes 31 seconds East a distance of 1144.10 feet; thence South 01 degrees 28 minutes 42
seconds West parallel with the east line of said Quarter Section a distance of 1394.93 feet to the
north line of the South Half of said Northwest Quarter; thence North 88 degrees 05 minutes 26
seconds West along said north line a distance of 1137.72 feet; thence North 01 degrees 13
minutes 59 seconds East parallel with the west line of said Quarter Section a distance of 1363.02
feet to the Point of Beginning, containing 36.12 acres, more or less.
cy MI 200000001129
Filed for Record in
HAMILTON COUNTY, INDIANA.
MARY L CLARK
On 01-06-2000 At 04:30 pm.
:t , ► Cross Reference EASEMENTS 24. 00
This easement encumbers real estate that does not lie within a subdivision. The deed by
which the encumbered real estate was most recently transferred was from Marion W. Allen and
Grace E. Allen to Valley Development Co., Inc., recorded in Deed Book 142, Page 140, in the office
of the Recorder of Hamilton County, Indiana.
GRANT OF NONEXCLUSIVE EASEMENT
THIS INDENTURE WITNESSES that for and in consideration of the sum of One Dollar
($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Valley Development Co., Inc., an Indiana corporation, for itself and its grantees,
successors in title and assigns (hereinafter "Grantor") hereby grants, bargains, sells, conveys, and
warrants unto the Carmel -Clay Park and Recreation Board, a political subdivision located in
Hamilton County, Indiana, and its grantees and successors in title (hereinafter "Grantee"), a non-
exclusive perpetual easement with the right, privilege, and authority to erect, construct, install,
reconstruct, renew, operate, maintain, patrol, replace, and repair a water main or water line and its
necessary appurtenances in, under, upon, over, and across a five foot (5') wide strip located along the
entire length of the westernmost boundary of the real estate described and depicted in attached
Exhibit A, which real estate is hereinafter referred to as the "Real Estate." The five foot (5) wide
strip constituting the easement provided for herein (hereinafter the "Easement Property") shall be
located where indicated on the depiction included in Exhibit "A", and is to benefit certain real
property owned by Grantee and described in Exhibit B attached hereto (the "Benefitted Property").
This Grant of Nonexclusive Easement includes the rights and privileges of reasonable ingress and
egress for the employees, agents, and representatives of Grantee to, from, and over the Real Estate
for all purposes related to the rights granted herein, and the authority to do all acts and things
reasonably requisite and necessary for the full enjoyment of the Easement hereby granted. In
addition, Grantor covenants that it will not erect or maintain any building, improvement or other
structure or obstruction on or over the Easement Property in such a way that the Grantee's access and
use of the Easement Property shall be impaired or impeded in any way.
Grantee convenants that in the installation, maintenance, or operation of its water main or
line and appurtenances in, under, upon, over, and across the Real Estate, it will restore any portion of
the Real Estate disturbed by its work to a condition that is as near the condition that existed at the
time the portion was disturbed by it as is reasonably practicable. In addition, all work performed
pursuant to the rights granted herein shall be conducted in such a manner that the Grantor's use of
the Real Estate shall not be unreasonably impaired. Grantor reserves the right to use the Real Estate
for any purpose which is not inconsistent with or will not interfere with the rights and privileges
granted to Grantee by this Grant of Nonexclusive Easement.
Notwithstanding anything contained in this Grant of Nonexclusive Easement to the contrary,
Grantor or its successors in title as the case may be ("Then Owner") shall have the right, upon
reasonable advance written notice to the then owner of the Benefitted Property, at Then Owner's sole
option, to relocate the Easement provided for herein (and the water main or line and appurtenances
therein, or replacements thereof of at least equal quality) from the Easement Property to another five
foot (5') wide strip of real estate located elsewhere within the Real Estate and also running from the
northern boundary of the Real Estate to its southern boundary, provided that any such relocation of
the Easement shall be accomplished at the sole expense of Then Owner, and that no such relocation
of the Easement shall temporarily or otherwise impede or restrict the water service conveyed by way
of the above-described Easement Property to the Benefitted Property. Prior to any such relocation,
an amended and restated Grant of Nonexclusive Easement shall be executed by the Then Owner and
the then owner of the Benefitted Property with terms mutually acceptable to the parties. In the event
of any such relocation of the Easement, all terms and conditions of this Grant, as evidenced by the
amended and restated Grant of Nonexclusive Easement, shall remain in full force and effect as if the
relocated easement property was the Easement Property originally described herein.
In addition to the other covenants contained herein, prior to the initial installation of any
water main or line on all or any portion of the Real Estate by the then owner of the Benefitted
Property or the Then Owner, the party intending to install the water main or line shall give sixty (60)
days' advance written notice of such intent to the other party, and the noticing party shall, during the
sixty (60) day period, utilize its best efforts to accommodate any future water requirements requested
by the other party in such installation with the party receiving such notice being responsible for any
increased cost of designing and constructing any such accommodation over and beyond the cost of
design and. construction of the noticing party's intended construction. Nothing contained herein shall
be construed to prevent the full use and enjoyment by the Grantee of the Grant of Nonexclusive
2
Easement made herein upon the expiration of the sixty (60) day notice period provided above.
This Grant of Nonexclusive Easement and the terms and provisions hereof shall be
appurtenant to and run with the Real Estate and the Benefitted Property and shall be binding upon
and enure to the benefit of the owners from time to time of all or any part of the Real Estate and the
Benefitted Property. The Grantor represents and certifies that it is the owner of the Real Estate, that
it shall guarantee the quiet possession of the Easement to the Grantee, and that it will warrant and
defend Grantee's title to the Easement against all lawful claims. The undersigned person executing
this instrument on behalf of Grantor represents and certifies that he is the duly elected president of
Grantor and has been fully empowered, by proper resolution of the Board of Directors of Grantor, to
execute and deliver this instrument, that Grantor has full corporate capacity to convey the interests
described herein and that all necessary corporate action for the making of such conveyance has been
taken and done. There is no Indiana gross income tax due on the transfer made by this conveyance.
IN WITNESS WHEREOF, Valley Development Co., Inc. has caused this Grant of
Nonexclusive Easement to be executed by its duly authorized officer this 136r -day of December,
1999.
Acknowledged and Accepted by:
VALLEY DEVELOPMENT CO., INC.
3641 Brumley Way
Carmel, Indiana 46033-3019
By: /4���ix VR.f...,a`
Stephen L. Valinet, President
STATE OF INDIANA
) SS:
COUNTY OF MARION
Date: December 1344,1999
r
Before me, a Notary Public in and for said County and State, thi$ day of December, 1999
appeared Stephen L. Valmet, who acknowledged that the foregoi. • statements are I e
My Commission Expires: ii%rc �� .9D -O7 -O7 4./s,, / _ i,
My County of Residence: (% 41(N( ,A14 . S
Printed ame
3
By:
CARMEL-CLAY PARK AND
RECREATION BOARD
1055 3rd Avenue S.W.
Carmel, IN 46032
Thomas F. McKenna, President
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
—11—t C14.-Wy 70:2, ni tri�
Before me, tart' 1 ubhc in and for said County and State, this 14th day of December, 1999, personally
appeared Thomas F. McKenna and /9741-29-74/1,1:4 as President and member, respectively, of the
Carmel -Clay Park and Recreation Board, who acknowledged that the foregoing statements are true, and that the
above Covenant was approved by the Park Board at a duly called meeting held on the 14th day of December, 1999.
My Cer +isaien E*pires; // - 3 — 5
My County of Residence:
r
Printed Name 1
L
b �g
/3.
This document prepared by: Brian C. Bosma, Kroger Gardis & Regas, 111 Monument Circle, Suite
900, P.O. Box 44941, Indianapolis, Indiana 46244-0941. (317) 692-9000.
Reba n 4o Plrto 0. PJosmc, iahuvt o�dt. e�y:
4
EXHIBIT A
Part of the Northwest Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County,
Indiana described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence South 89 degrees 41
minutes 31 seconds East along the north line of said Northwest Quarter a distance of 1319.60
feet to the Point of Beginning; thence continuing along said north line South 89 degrees 41
minutes 31 seconds East a distance of 1144.10 feet; thence South 01 degrees 28 minutes 42
seconds West parallel with the east line of said Quarter Section a distance of 1394.93 feet to the
north line of the South Half of said Northwest Quarter; thence North 88 degrees 05 minutes 26
seconds West along said north line a distance of 1137.72 feet; thence North 01 degrees 13
minutes 59 seconds East parallel with the west line of said Quarter Section a distance of 1363.02
feet to the Point of Beginning, containing 36.12 acres, more or less.
en
0
EXIIIBIT "A" (Continued)
1144.10 1
s' EASE mE/Jr
Loc -4 -nor)
c dot +0 sc>ic)
VAbLer DEVt:LovmENr Co.,iNC.
PARGE•L No- 17-13-oo-o0- 003
1137.72
Sot ° 28142." W
( 14122 DEED
EXHIBIT B
Parcel 1
Part of the South Half of the Northwest Quarter of Section 1, Township 17 North, Range 3 East, Hamilton
County, Indiana described as follows:
Beginning at the southwest comer of said Quarter Section; thence North 01 degrees 13 minutes 59 seconds
East along said west line a distance of 1336.17 feet to the northwest corner of the South Half of said
Northwest Quarter; thence South 88 degrees 05 minutes 26 seconds East along the north line thereof a
distance of 2652.69 feet to the west line of the Monon Railroad Company right-of-way, said line being
33.00 feet west of as measured perpendicular to the east line of said Northwest Quarter Section; thence
South 01 degrees 28 minutes 42 seconds West parallel with the east line of said Northwest Quarter a
distance of 1333.95 feet to the south line of said Quarter Section; thence North 88 degrees 08 minutes 15
seconds West along the south line thereof a distance of 2646.95 feet to the Point of Beginning, containing
81.21 acres, more or less.
Parcel 3
Part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana
described as follows:
Commencing at the southwest corner of said Northeast Quarter; thence South 87 degrees 23 minutes 11
seconds East a distance of 33.01 feet to a point distant 33.00 feet as measured perpendicular to the west
line of said Northeast Quarter and being a point on the east line of the Monon Railroad Company right-of-
way and the Point of Beginning; thence North 01 degrees 28 minutes 42 seconds East parallel with the
west line of said Northeast Quarter a distance of 1333.87 feet to the north line of the South Half of said
Northeast Quarter; thence South 87 degrees 11 minutes 06 seconds East along said north line a distance of
1768.33 feet to the southwest corner of the real estate described in deed to Northland Realty Corp., per
D.B 235, page 131 as recorded in the Office of the Recorder of said County; thence North 02 degrees 02
minutes 19 seconds East along the west line of said real estate a distance of 1468.47 feet to the north line
of said Northeast Quarter; thence South 89 degrees 18 minutes 53 seconds East along said north line a
distance of 485.00 feet to the east right-of-way line of the former Indiana Traction right-of-way and being
a point on a curve having a radius of 2904.93 feet; thence southerly along said curve an arc distance of
1507.69 feet to a point subtended by a long chord having a bearing of South 16 degrees 27 minutes 45
seconds West and a distance of 1490.83 feet; thence South 63 degrees 28 minutes 06 seconds East a
distance of 78.62 feet to the north line of the South Half of said Northeast Quarter; thence south 87
degrees 11 minutes 06 seconds East along said north line a distance of 696.00 feet to the east line of said
Northeast Quarter; thence South 01 degrees 36 minutes 30 seconds West along the east line thereof a
distance of 210.70 feet to the southeast corner of the real estate described in deed to the NRC Corp. per
instrument #9451731 as recorded in the Office of the Recorder of said County; thence North 87 degrees 11
minutes 06 seconds West parallel with the north line of the South Half of said Northeast Quarter a distance
of 919.80 feet to the east line of the former Indiana Traction Company right-of-way and being a point on a
curve having a radius of 2904.93 feet; thence northeasterly along said curve an arc distance of 7.25 feet to
a point subtended by a long chord having a bearing of North 36 degrees 51 minutes 19 seconds East and a
distance of 7.25 feet; thence North 83 degrees 26 minutes 04 seconds West a distance of 93.03 feet to the
west line of said former Indiana Traction Company right-of-way and being a point on a curve having a
radius of 2824.93 feet; the following four courses being along the west line of said former Indiana
Traction right-of-way; (1) thence southwesterly along said curve an arc distance of 504.52 feet to the west
line of the East Half of said Northeast Quarter, and a point subtended by a long chord having a bearing of
South 42 degrees 50 minutes 59 seconds West and a distance of 503.85 feet; (2) thence South 47 degrees
56 minutes 06 seconds West a distance of 256.72 feet to an Iron Pipe; (3) thence South 49 degrees 02
minutes 40 seconds West a distance 302.82 feet; (4) thence South 49 degrees 40 minutes 18 seconds West
a distance of 530.50 feet to the south line of said Northeast Quarter; thence North 87 degrees 23 minutes
11 seconds West along the south line of said Northeast Quarter a distance of 502.31 feet to the Point of
Beginning, containing 53.17 acres, more or Less.
EXCEPT: a part of real estate described in deed to the City of Carmel per Deed Book 316, Page 599 in the
Office of the Recorder of Hamilton County, Indiana containing 0.14 acres, more or less.
QUITCLAIM DEED
200000001128
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 01-06-2000 At 04:30 pm.
Q C DEED 18.00
THIS INDENTURE WITNESSETH, That Valley Development Co., Inc., an Indiana
corporation ("Grantor") QUITCLAIMS to Carmel -Clay Park and Recreation Board, for the sum of
Ten and 00/100 Dollars ($10.00) and other valuable consideration, the following described real
estate in Hamilton County, Indiana:
SEE ATTACHED EXHIBIT "A"
The undersigned person executing this deed on behalf of Grantor represents and certifies that
he is the duly elected president of Grantor and has been fully empowered, by proper resolution of
the Board of Directors of said corporation, to execute and deliver this deed; that 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. There is no Indiana Gross Income Tax
due on the transfer made by this conveyance.
IN WITNESS WHEREOF, the Grantor has executed this deed, this 6`" day ofJanuary, 2000.
"GRANTOR"
VALLEY DEVELOPMENT CO., INC.,
an Indiana corporation
PCIL .
Stephen L. Valinet, President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
DULY ENTERED FOR TAXATION
Subject to final ac lance for t�r����f�9r��
Subject
day of 20f..?
Auditor
27 (9A
Hamilton County
Parcel #
Before me, a Notary Public in and for said County and State, personally appeared Stephen
L. Valinet, President of Valley Development Co., Inc., who acknowledged execution of the
foregoing Deed and who, having been duly sworn, stated that the representations therein contained
are true.
Witness my hand and Notarial Seal this 6'h day of January, 2000 I \ -
Signature �
Printed David W. Womer Notary Public
Residing in Hamilton County, Indiana
This instrument was prepared by, and should be returned to, Brian C. Bosma, attorney at law, 111 Monument
Circle, Suite 900, Indianapolis, IN 46204-5175.
Send tax statements to Carmel -Clay Park and Recreation Board, 1055 r Avenue S.W., Carmel, Indiana 46032.
My Commission Expires
11-9-2006
EXHIBIT A
Parcel 1
Part of the South Half of the Northwest Quarter of Section 1, Township 17 North, Range 3 East,
Hamilton County, Indiana described as follows:
Beginning at the southwest corner of said Quarter Section; thence North 01 degrees 13 minutes 59
seconds East along said west line a distance of 1336.17 feet to the northwest comer of the South Half
of said Northwest Quarter; thence South 88 degrees 05 minutes 26 seconds East along the north line
thereof a distance of 2652.69 feet to the west line of the Monon Railroad Company right-of-way,
said line being 33.00 feet west of as measured perpendicular to the east line of said Northwest
Quarter Section; thence South 01 degrees 28 minutes 42 seconds West parallel with the east line of
said Northwest Quarter a distance of 1333.95 feet to the south line of said Quarter Section; thence
North 88 degrees 08 minutes 15 seconds West along the south line thereof a distance of 2646.95 feet
to the Point of Beginning, containing 81.21 acres, more or less.
Parcel 3
Part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County,
Indiana described as follows:
Commencing at the southwest corner of said Northeast Quarter; thence South 87 degrees 23 minutes
11 seconds East a distance of 33.01 feet to a point distant 33.00 feet as measured perpendicular to
the west line of said Northeast Quarter and being a point on the east line of the Monon Railroad
Company right-of-way and the Point of Beginning; thence North 01 degrees 28 minutes 42 seconds
East parallel with the west line of said Northeast Quarter a distance of 1333.87 feet to the north line
of the South Half of said Northeast Quarter; thence South 87 degrees 11 minutes 06 seconds East
along said north line a distance of 1768.33 feet to the southwest corner of the real estate described
in deed to Northland Realty Corp., per D.B 235, page 131 as recorded in the Office of the Recorder
of said County; thence North 02 degrees 02 minutes 19 seconds East along the west line of said real
estate a distance of 1468.47 feet to the north line of said Northeast Quarter; thence South 89 degrees
18 minutes 53 seconds East along said north line a distance of 485.00 feet to the east right-of-way
line of the former Indiana Traction right-of-way and being a point on a curve having a radius of
2904.93 feet; thence southerly along said curve an arc distance of 1507.69 feet to a point subtended
by a long chord having a bearing of South 16 degrees 27 minutes 45 seconds West and a distance
of 1490.83 feet; thence South 63 degrees 28 minutes 06 seconds East a distance of 78.62 feet to the
north line of the South Half of said Northeast Quarter; thence south 87 degrees 11 minutes 06
seconds East along said north line a distance of 696.00 feet to the east line of said Northeast Quarter;
thence South 01 degrees 36 minutes 30 seconds West along the east line thereof a distance of 210.70
feet to the southeast corner of the real estate described in deed to the NRC Corp. per instrument
#9451731 as recorded in the Office of the Recorder of said County; thence North 87 degrees 11
minutes 06 seconds West parallel with the north line of the South Half of said Northeast Quarter a
distance of 919.80 feet to the east line of the former Indiana Traction Company right-of-way and
being a point on a curve having a radius of 2904.93 feet; thence northeasterly along said curve an
arc distance of 7.25 feet to a point subtended by a long chord having a bearing of North 36 degrees
51 minutes 19 seconds East and a distance of 7.25 feet; thence North 83 degrees 26 minutes 04
seconds West a distance of 93.03 feet to the west line of said former Indiana Traction Company
right-of-way and being a point on a curve having a radius of 2824.93 feet; the following four courses
being along the west line of said former Indiana Traction right-of-way; (1) thence southwesterly
along said curve an arc distance of 504.52 feet to the west line of the East Half of said Northeast
Quarter, and a point subtended by a long chord having a bearing of South 42 degrees 50 minutes 59
seconds West and a distance of 503.85 feet; (2) thence South 47 degrees 56 minutes 06 seconds West
a distance of 256.72 feet to an Iron Pipe; (3) thence South 49 degrees 02 minutes 40 seconds West
a distance 302.82 feet; (4) thence South 49 degrees 40 minutes 18 seconds West a distance of 530.50
feet to the south line of said Northeast Quarter; thence North 87 degrees 23 minutes 11 seconds West
along the south line of said Northeast Quarter a distance of 502.31 feet to the Point of Beginning,
containing 53.17 acres, more or less.
EXCEPT: a part of real estate described in deed to the City of Carmel per Deed Book 316, Page 599
in the Office of the Recorder of Hamilton County, Indiana containing 0.14 acres, more or less.
oo oat
200000001127
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
QUITCLAIM DEED On 01-06-2000 At 04:30 pm.
Q C DEED
18.00
THIS INDENTURE WITNESSETH, That NRC Corp., an Indiana corporation ("Grantor")
QUITCLAIMS to Carmel -Clay Park and Recreation Board, for the sum of Ten and 00/100
Dollars ($10.00) and other valuable consideration, the following described real estate in
Hamilton County, Indiana:
SEE ATTACHED EXHIBIT "A"
The undersigned person executing this deed on behalf of Grantor represents and certifies
that he is the duly elected president of Grantor and has been fully empowered, by proper
resolution of the Board of Directors of said corporation, to execute and deliver this deed; that
Grantor has full corporate capacity to convey the real estate described herein and that all
necessary corporate action for the making of such conveyance has been taken and done. There
is no Indiana Gross Income Tax due on the transfer made by this conveyance.
IN WITNESS WHEREOF, the Grantor has executed this deed, this 6th day of January,
2000.
"GRANTOR"
NRC CORP., an Indiana corporation
-,— X 1/ricnat
Stephen L. Valinet, President
DULY ENTERED FOR TAXATION
Subj$ct to final acc tame tra
1100 day of� l 20:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Parcel #
Auditor
Hamilton County
Before me, a Notary Public in and for said County and State, personally appeared Stephen
L. Valinet, President of NRC Corp., who acknowledged execution of the foregoing Deed and
who, having been duly sworn, stated that the representations therein contained are true.
Witness my hand and Notarial Seal this 6th day of, January, 2000.
My Commission Expires:
11-9-2006
Signature
nted David W. Womer Notary Public
iding in Hamilton County, Indiana
This instrument was prepared by, and +:t^rs °'urned to, Brian C. Bosma, attorney at law, 111 Monument
Circle, Suite 900, Indianapolis, IN 46204-5 75.
Send tax statements to Carmel -Clay Park and Recreation Board, 1055 3' Avenue S.W., Carmel, Indiana 46032.
EXHIBIT "A"
The North Half of Section 1, Township 17 North, Range 3 East in Hamilton County, Indiana,
excluding the property described in Exhibit "B" attached hereto (the "Excluded Property"). In
addition, Grantor shall retain all rights available under the law which may now or hereafter exist
in favor of the owner of the Excluded Property with respect to fiber optic cable or other
telecommunications system(s) which is (are) presently installed, or in the future may be installed,
below the surface of the Excluded Property.
EXHIBIT "B"
PARCEL NO. 13-01-00-00-002.2
PARCEL NO. 13-001-00-00-018
MONON CORRIDOR
N.R.C. CORPORATION
A part of the South half of the Northwest quarter, and part of the South half of the
Northeast quarter of Section 1, Township 17 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Beginning at the Southeast comer of the Northwest quarter, thence North 00
degrees 00 minutes 00 seconds East (Assumed Bearing). along the East line of
said quarter section and the centerline of the Monon Railroad 1320 feet; thence
North 90 degrees 00 minutes 00 seconds West 33 feet;; thence South 00 degrees
00 minutes 00 seconds East 1320 feet to the South line of said quarter section;
thence North 90 degrees 00 minutes 00 seconds East 33 feet to the Point of
Beginning, containing 1 acre, more or Tess.
Also:
Beginning at the Southwest corner of the Northeast quarter, thence North 00
degrees 00 minutes 00 seconds East (assumed bearing) along the West line of
said quarter section and the centerline of the Monon Railroad 1320 feet; thence
North 90 degrees 00 minutes 00 seconds East 33 feet; thence South 00 degrees
00 minutes 00 seconds East (assumed bearing) 1320 FEET; THENCE North 90
degrees 00 minutes 00 seconds West 33 feet to the Point of Beginning,
containing 1 acre more or less.
Certified February 5, 1
Michael L. Crawford, Regi red
Number 890004, State of diana
�,'`�`�`.- •�c�s�rc;;� ;%-•''mss
and Survey = 890004
DULY ENT' r) FOR TAXATION
Sub' t to fir ac*tance for transfer
dayog__ ,20
Parcelff
Auditor
Hamilton County
200000001126
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
QUI AIM DEED On 01-06-2000 At 04:30 pm.
0 C DEED 18.00
THIS INDENTURE WITNESSETH, That NRC Corp., an Indiana corporation ("Grantor")
QUITCLAIMS to Carmel -Clay Park and Recreation Board, for the sum of Ten and 00/100
Dollars ($10.00) and other valuable consideration, the following described real estate in
Hamilton County, Indiana:
SEE ATTACHED EXHIBIT "A"
The undersigned person executing this deed on behalf of Grantor represents and certifies
that he is the duly elected president of Grantor and has been fully empowered, by proper
resolution of the Board of Directors of said corporation, to execute and deliver this deed; that
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. There
is no Indiana Gross Income Tax due on the transfer made by this conveyance.
IN WITNESS WHEREOF, the Grantor has executed this deed, this 6th day of January,
2000.
"GRANTOR"
NRC CORP., an Indiana corporation
L/ LL -t
Stephen L. Valinet, President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Stephen
L. Valinet, President of NRC Corp., who acknowledged execution of the foregoing Deed and
who, having been duly sworn, stated that the representations therein contained are true.
Witness my hand and Notarial Seal this 6th day of January, 2000. t \
,04a
M S �s qw'e 1.� l J -tr4
e
rittl David W. Womer Notary Public
11-9-2006 ; \
Residing in Hamilton County, Indiana
This instrument was prepared by, and should be returned to, Brian C. Bosma, attorney at law, l 11 Monument
Circle, Suite 900, Indianapolis, IN 46204-5175.
Send tax statements to Carmel -Clay Park and Recreation Board, 1055 3" Avenue S.W., Carmel, Indiana 46032.
My Commission Expires:
DULY ENTERED FG_i TAXATION
Subject to final acceptance for transfer
619 day of becerttber 20
Auditor
Hamilton County
cg.GO Parcel N/7 i /330// -0-0
b o a
Case No. 00294053B
WARRANTY DEED
200000064062
FiIted for Record in
HAIMI1..TOh COUNTY, INDIANA
MARY L CLARK
12-29--2000 10:46 am.
WARR DEED 18.00
This Indenture Witnesseth, That DENEE M. DAMIAN
(Grantor) of HAMILTON County, in the State of Indiana, Conveys and Warrants to
CITY OF CARMEL
(Grantee) of HAMILTON County, in the State of Indiana, for the sum of Ten & 00/100 Dollars ($10.00)
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following
described real estate in HAMILTON County, in the State of Indiana:
"SEE EXHIBIT A ATTACHED"
Subject To the SPRING Installment of Real Estate Taxes due and payable in MAY 2001 and
-preps I_ &PAIS 44(46
ir
Subject To any and all casements, agreements, and restrictions of record. The address of such real estate is
commonly known as: 1427 EAST 116TH STREET CARMEL, IN 46032
all taxes payable thereafter.
.t
Tax bills should be sent to Grantee at such address unless otherwise indicated below.
In Witness Whereof, Grantor has executed this deed this 15 day of D a -CEP— 0-k l LGt%d
/OPALee_ r / • An`) (Seal) (Seal)
DENEE M. DAMIAN
(Seal) (Seal)
STATE OF INDIANA, HAMILTON COUNTY ss: ACKNOWLEDGEMENT
Before me, a Notary Public in and for the said County and State, personally appeared
DENEE M. DAMIAN
who acknowledged the execution of the foregoing Warranty Deed, and who, having becn duly sworn, stated
that any representations therein contained are true.
Witness my hand and notarial seal this
My commission Expires
tS
day of �jkGfi`� a 4,"/
/ t/ �t'�
Signature
Notary P
Printed
My Commission bpim: 11/I2/Iji Residing in
Ey County of Residence is: Ramifies
Co., Indiana
Send tax bills to: Pr perty A44teas ( C.1 VIC SI tAt4A (6141144 I- /N i&PD3 1 -
This
This document prepared by: Wade R. Nichols, Attorney at Law
Morgan & Associates, Inc., 840 Logan Street, Noblesville, IN 46060.
CASE NO. 00294053B
EXHIBIT A - LEGAL DESCRIPTION
PARCEL #2:
Part of the Northeast Quarter of Section 1, Township 17 North,
Range 3 East of the Second Principal Meridian, Hamilton County,
Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section;
thence on the North line thereof, South 89 degrees 12 minutes
00 seconds West (assumed bearing) 1148.25 feet to the point of
beginning of the herein described real estate; thence parallel
with the West line of said Quarter Section, South 00 degrees 00
minutes 00 seconds West 1466.35 feet; thence North 89 degrees 03
minutes 50 seconds West 278.23 feet to the East line of land
described in a deed to Harry H. and Dorothy H. Ward, recorded
in Deed Book 130, page 48 in the Hamilton County Recorder's
Office; thence on said East line, South 00 degrees 00 minutes
00 seconds West 0.81 feet to the Southeast corner of said land;
thence South 89 degrees 12 minutes 00 seconds West 11.74 feet
to the Southeast corner of land described in a deed to Sidney
V. Corder, recorded as Instrument Number 9745376 in said
Recorder's Office; thence on the East line of said land North
00 degrees 00 minutes 00 seconds East 1458.73 feet to a point
in the North line of said Quarter Section; thence on said North
line North 89 degrees 12 minutes 00 seconds East 289.96 feet to
the point of beginning, containing 9.730 acres, more or less.
(Parcel Nos. 17-13-01-00-00-008.000, 17-13-01-02-02-003.000)
Port of the Northeast Quarter of Section 1, Township 17 North, Range 3 Eost of the
Second Principal Meridian, Hamilton County, Indiana, being more particularly described
as follows:
Commencing at the Northwest Corner of the Northeast Quarter of said Section 1,
Township 17 North, Range 3 East; thence North 88 degrees 51 minutes 05 seconds East
(assuming the bearing of the West Line of said Northeast Quarter to be North 00 degrees
00 minutes 00 seconds Eost) 29.73 feet along the North Line of said Northeast Quarter to
the Southwest Corner of the Southeast Quarter of Section 36, Township 18 North Range
3 East; thence North 89 degrees 13 minutes 02 seconds East 956.60 feet along the North
Line of said Northeast Quarter to the northwestern corner of o 3.71 -acre tract of land
granted to Sydney V. Corder ('Corder Troct") (recorded os Instrument Number
9709745376 in the Office of the Recorder of Hamilton County, Indiana) and the POINT
OF BEGINNING of this description; thence continue North 89 degrees 13 minutes 02
seconds Eost 829.10 feet along the North Line of said Northeost Quarter to a point lying
South 89 degrees 13 minutes 02 seconds West 870.00 feet from the Northeast Corner of
said Northeast Quarter, soid point also being the northeastern corner of a 9.31 -acre tract
granted to Morris,A. Silverman ('Silverman Troct") (recorded as Instrument Number
9909937064 in said Recorder's Office); thence South 00 degrees 10 minutes 31 seconds
West 1458.99 feet (1474.65 feet - Deed) along the eastern line of said Silverman Tract to
the southeastern corner thereof, said corner being on the South Line of said Northeast
Quarter; thence North 88 degrees 58 minutes 37 seconds West 273.80 feet (273.75 feet -
Deed) along the South Line of said Northeast Quarter to the eastern line of a 9.730-ocre
tract granted to Denee M. Damian ("Damian Tract") (recorded as Instrument Number
200000007293 in said Recorder's Office); thence South 00 degrees 00 minutes 00
seconds West 16.06 feet porollel with the West Line of said Northeast Quorter and along
said eastern line to the southeastern corner thereof (the following three (3) courses are
along the southern boundary of said Damian Tract); (one) thence North 89 degrees 03
minutes 50 seconds West 278.26 feet (278.23 feet - Deed); (two) thence South 00
degrees 00 minutes 00 seconds West 0.73 feet (0.81 feet - Deed); thence South 89
degrees 13 minutes 02 seconds West 11.75 feet (11.74 feet - Deed) to the southeastern
corner of said Corder Tract (all of the following courses ore along the boundary of said
Corder Tract; thence South 89 degrees 13 minutes 02 seconds West 36.75 feet parallel
with the North Line of said Southeast Quarter; thence South 89 degrees 23 minutes 47
seconds West 224.42 feet (224.10 feet - Deed) to the eastern line of the Donnybrook
Addition (recorded in Plot Book 2, poges 233 and 234 in said Recorder's Office); thence
North 00 degrees 00 minutes 00 seconds East 1183.00 feet (1182.94 feet - Deed) along
the eastern line of said Donnybrook Addition to the northeastern corner of Lot 18 therein;
thence South 89 degrees 13 minutes 02.seconds West 0.83 feet along the northern line of
said Lot 18; thence North 00 degrees 14•minutes 26 seconds Eost 275.02 feet (275.00 feet
- Deed) to the POINT OF BEGINNING, containing 27.694.acres, more or less.
EXHIBIT A
200000064063
'HAMILTON
OLTONNCOUNTY, `� Filedr rRecod in
INDIRNA
MARY L CLARK
oD _/^sl�s/l QUITCLAIM DEEDC DEED
C29EE000 10:46 am.
1'c' 16.00
This Indenture Witnesseth that DENEF M. DAMlAN of Hamilton County. Indiana ("Grantor")
quitclaims to the CITY OF CARMEL ("Grantee"), for valuable consideration, the receipt and sul'ticiency of
which is hereby acknowledged, all of his/her 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 by reference herein.
IN WITNESS WHEREOF. the Grantor has caused this deed to be executed this / 3 day of
December, 2000.
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
£ m. nipanruzind
Denee M. Damian
Before nie. a Notary Public in and for said County and State, personally appeared Denee M. Damian
who acknowledged the execution of the foregoing "Quitclaim Deed" as his/her voluntary act and deed.
WITNESS my hand and Seal this 1 Sday of December. 2000.
WADE I. HICHOLJ
ffiy Commission Wirer 11/12/11p Notary Public
Ey County of Residence it Hamilton
My Commission Expires:
Printed
k/udei
My County of Residence:
This instrument prepared by: Tammy K. Haney. I3ose McKinney & Evans. 600 East 96111 Street, Suite 500,
Indianapolis, Indiana 46240. A
After Recording return to and send 'Fax Statements to: City of Carmel, One Civic Square, Carmel,
Indiana 46032. Ai, .k_�t4st+�er
. )6 :_r K., AXA1 ON
subject to ficai acceptance for transfer
et day of )'camber , 20 60
:: 00MAUIIIODMA' 01;38653:1
Auditor
Hamilton County
Parcel 8,_L] -/3 -u/ -o0
EXHIBIT "B"
GRANTEES AGREES NOT TO DEVELOP THIS PROPERTY FOR A COMMERCIAL
USE THROUGH DECEMBER 15, 2003. THIS OBLIGATION SHALL APPLY TO
ANY PARTY OR PARTIES TO WHOM PURCHASER WOULD CONVEY OWNERSHIP,
LEASE, PRIVILEGES OR OTHER USE. COMMERCIAL USE DEFINITION SHALL
NOT INCLUDE THE CITY OF CARMEL'S INTENDED USE OF THE PROPERTY
FOR A PARK, OR PARK SERVICES, OR STREET DEPARTMENT AND A FLEET
MAINTENANCE FACILITY OR LEASE OF THE PROPERTY FOR RESIDENTIAL
PURPOSES.
. JULY EIstL RLi: FOR TAXATii±
Subject to Cunt acceptance for transfer of r
day off_,
Auditor
M
21 Q9 Hamilton County
Parcel #
Case No. 00294053A- AMENDED 1
200000064065
Fited for Record in
HAI+MILTON COUNTY, INDIANA
MARY L CLARK
12-29-2000 10:46 am.
WARR DEED 18.00
WARRANTY DEED
This Indenture Witnesseth, That SIDNEY V. CORDER
(Grantor) of HAMILTON County, in the State of Indiana, Conveys and Warrants to
CITY OF CARMEL
(Grantee) of HAMILTON County, in the State of Indiana, for the sum of Ten & 00/100 Dollars ($10.00)
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following
described real estate in HAMILTON County, in the State of Indiana:
"SEE EXHIBIT A ATTACHED"
Subject To the SPRING Installment of Real Estate Taxes due and payable in MAY 2001 and
all taxes payable thereafter.
Subject To any and all easements, agreements, and restrictions of record. The address of such real estate is
commonly known as: IN
Tax bills should be sent to Grantee at such address unless otherwise indicated below.
In Witness Whereof; Grantor has executed this deed this 15TH
v Cao
SIDNEY V.1 CORDER
day of DECEMBER 2000 .
(Seal) (Seal)
(Seal) (Seal)
STATE OF INDIANA, HAMILTON COUNTY ss: ACKNOWLEDGEMENT
Before me, a Notary Public in and for the said County and State, personally appeared
SIDNEY V. CORDER
who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated
that any representations therein contained are true.
Witness my hand and notarial seal this ) r day of
My commission Expires Signature
Return to:
WADE S. III0014 Printed
Ey Committals' Ixpiree N/1E/2111
Illy Canty of &aiduce it Huilt{4siding in
per//, Ek
✓/v'
Not. Public
tadel
Co., Indiana
Send tax bills to: 4rerer43):41ddress f C 1 t%1 c. sir LMtL C & t 11 'Ze 03 Z
Atilt. aiijk Tastr'5 'w
This document prepared by: Wade R. Nichols, Attorney at Law
Morgan & Associates, Inc., 840 Logan Street, Noblesville, IN 46060.
DEC -13-2000 WED 01:44 PM MORGAN & ASSOCIATES
CASE NO. 00294053A - AMENDED -2
PARCEL #1:
FAX NO. 3177766444 P. 03
EXHIBIT A - LEGAL DESCRIPTION -
PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH,
RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION
1, TOWNSHIP 17 NORTH, RANGE 3 EAST 986.33 FEET NORTH 89 DEGREES
12 MINUTES 00 SECONDS EAST (ASSUMED BEARING) OF THE NORTHWEST
CORNER THEREOF; THENCE NORTH 89 DEGREES 12 MINUTES 00 SECONDS
EAST ON AND ALONG SAID NORTH LINE 248.10 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS PARALLEL WITH THE WEST LINE OF
SAID QUARTER 661.10 FEET; THENCE NORTH 87 DEGREES 19 MINUTES 30
SECONDS WEST 245.94 FEET TO THE EAST LINE OF "DONNYBROOK
ADDITION", A SUBDIVISION IN HAMILTON COUNTY, INDIANA, THE PLAT
OF WHICH IS RECORDED IN PLAT BOOK 2, PAGES 233 AND 234, IN THE
OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 00 DEGREES
14 MINUTES 32 SECONDS WEST ON AND ALONG THE EAST LINE OF SAID
"DONNYBROOK ADDITION", 371.16 FEET TO THE NORTHEAST CORNER OF
LOT 18, IN SAID ADDITION; THENCE SOUTH 89 DEGREES 12 MINUTES 00
SECONDS WEST PARALLEL WITH THE NORTH LINE AFORESAID 0.83 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS PARALLEL WITH THE
WEST LINE OF SAID QUARTER 275.00 FEET TO TIIE BEGINNING POINT;
CONTAINING 3.71 ACRES, MORE OR LESS. (PARCEL NO.
17-13-01-02-02-002.000)
ALSO
PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH,
RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION 1, TOWNSHIP 17 NORTH, RANGE 3 EAST; THENCE NORTH 89
DEGREES 12 MINUTES 00 SECONDS EAST (ASSUMED DEARING) ON AND
ALONG THE NORTH LINE OF SAID QUARTER 1234.43 FEET; THENCE SOUTH
00 DEGREES 00 MINUTES 00 SECONDS PARALLEL WITH THE WEST LINE OF
SAID QUARTER 661.10 FEET TO THE BEGINNING POINT OF THIS
DESCRIPTION; CONTINUING THENCE SOUTH 00 DEGREES 00 MINUTES 00
SECONDS PARALLEL WITH SAID WEST LINE 797.60 FEET; THENCE SOUTH
89 DEGREES 12 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH
LINE AFORESAID 24.00 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 45
SECONDS WEST 224.10 FEET (218.25 FEET MEASURED TO THE WEST LINE
OF "DONNYBROOK ADDITION", A SUBDIVISION IN HAMILTON COUNTY,
INDIANA, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 PAGES 233
AND 234, IN THE OFFICE OF THE HAMILTON COUNTY RECORDER); THENCE
NORTH 00 DEGREES 14 MINUTES 32 SECONDS WEST ON AND ALONG THE
EAST LINE OF SAID "DONNYBROOK ADDITION", 811.78 FEET; THENCE
SOUTH 87 DEGREES 19 MINUTES 30 SECONDS EAST AND 245.94 FEET TO
THE BEGINNING POINT; CONTAINING 4.44 ACRES MORE OR LESS.
DEC -13-2000 WED 01:45 PM MORGAN & ASSOCIATES
CASE NO. 00294053A - AMENDED -2
EXHIBIT A - CONT'D
(PARCEL 17-13-01-02-02-02-005.000)
ALSO
FAX Na 3177766444 P. 04
A PART OF THE NORTIIEAST QUARTER OF SECTION ONE (1), TOWNSHIP
SEVENTEEN (17) NORTH, RANGE THREE (3) EAST IN CLAY TOWNSHIP,
HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
BEGIN AT A POINT 986.33 FEET EAST OF THE NORTHWEST CORNER OF
SAID QUARTER SECTION, RUN THENCE EAST ON THE NORTH LINE OF SAID
QUARTER SECTION 248.1 FEET TO A POINT (THE TRUE BEGINNING POINT
OF THE REAL ESTATE HEREIN DESCRIBED); THENCE EAST 12.75 FEET TO
A POINT, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID
QUARTER SECTION 1458.73 FEET, THENCE WEST 12.75 FEET, THENCE
NORTH 1458.73 FEET TO THE NORTH LINE OF SAID QUARTER SECTION TO
THE PLACE OF BEGINNING. (PARCEL NO. 17-13-01-02-02-003.001 AND
17-13-01-02-02-004.000)
QUITCLAIM DEED
200000064066
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
12-29-2000 10:46 am.
0 C DEED 16.00
This Indenture Witnesseth that SIDNEY V. CORDER of Hamilton County, Indiana ("Grantor")
quitclaims to the CITY OF CARMEL ("Grantee"), for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, all of his/her 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 by reference herein.
IN WITNESS WHEREOF, the Grantor has caused this deed to be executed this 1.5 day of
December, 2000.
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
Sidney V. C.Q3er
Before me, a Notary Public in and for said County and State, personally appeared Sidney V. Corder
who acknowledged the execution of the foregoing "Quitclaim Deed" as his/her voluntary act and deed.
WITNESS my hand and Seal this /i' day of December. 2000.
WIDE H. NICHOIS
My Commission :spires: 00/12/2110
My County of Residence is: Hami".oe
My Commission Expires:
Notary Public
Printed
My County of Residence:
This instrument prepared by: Tammy K. Haney, Bose McKinney & Evans. 600 East 96th Street, Suite 500,
Indianapolis, Indiana 46240.
After Recording return to and send Tax Statements to: City of Carmel. One Civic Square, Carmel.
Indiana 46032. All4 C2nk
ERRCV Fr - )b1
:abject to a: acceptance or transfeer•
(9q day of 1locernber 2000
Auditor
Hamilton County
::ODNIAUIHODNIAW 01:38654:1
P;rcp # i7-/3-0/-Ov-
Part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East of the
Second Principol Meridian, Hamilton County, Indiana, being more particularly described
as follows:
Commencing at the Northwest Corner of the Northeast Quarter of said Section 1,
Township 17 North, Range 3 East; thence North 88 degrees 51 minutes 05 seconds Eost
(assuming the bearing of the West Line of said Northeast Quarter to be North 00 degrees
00 minutes 00 seconds East) 29.73 feet along the North Line of said Northeast Quarter to
the Southwest Corner of the Southeast Quarter of Section 36, Township 18 North Range
3 East; thence North 89 degrees 13 minutes 02 seconds East 956.60 feet along the North
Line of said Northeast Quarter to the northwestern corner of a 3.71 -acre tract of land
gronted to Sydney V. Corder ("Corder Troct") (recorded as Instrument Number
9709745376 in the Office of the Recorder of Hamilton County, Indiana) and the POINT
OF BEGINNING of this description; thence continue North 89 degrees 13 minutes 02
seconds Eost 829.10 feet along the North Line of said Northeast Quorter to 0 point lying
South 89 degrees 13 minutes 02 seconds West 870.00 feet from the Northeast Corner of
said Northeast Quarter, soid point also being the northeastern corner of o 9.31 -acre troct
Granted to Morris. A. Silverman ("Silverman Trnct") (recorded os Instrument Number
9909937064 in said Recorder's Office); thence South 00 degrees 10 minutes 31 seconds
West 1458.99 feet (1474.65 feet - Deed) along the eastern line of said Silverman Tract to
the southeastern corner thereof, said corner being on the South Line of said Northeast
Quarter; thence North 88 degrees 58 minutes 37 seconds West 273.80 feet (273.75 feet -
Deed) along the South Line of said Northeast Quarter to the eastern line of a 9.730 -acre
tract granted to Denee M. Damian ("Damian Tract") (recorded as Instrument Number
200000007293 in said Recorder's Office); thence South 00 degrees 00 minutes 00
seconds West 16.06 feet parallel with the West Line of said Northeast Quarter and along
said eastern line to the southeastern corner thereof (the following three (3) courses are
along the southern boundary of said Damian Tract); (one) thence North 89 degrees 03
minutes 50 seconds West 278.26 feet (278.23 feet - Deed); (two) thence South 00
degrees 00 minutes 00 seconds West 0.73 feet (0.81 feet - Deed); thence South 89
degrees 13 minutes 02 seconds West 11.75 feet (11.74 feet - Deed) to the southeostern
corner of said Corder Tract (all of the following courses ore along the boundary of sold
Corder Tract; thence South 89 degrees 13 minutes 02 seconds West 36.75 feet parallel
with the North Line of said Southeast Quarter; thence South 89 degrees 23 minutes 47
seconds West 224.42 feet (224.10 feet - Deed) to the eastern line of the Donnybrook
Addition (recorded in Plot Book 2, pages 233 and 234 in said Recorder's Office); thence
North DO degrees 00 minutes 00 seconds East 1183.00 feet (1182.94 feet - Deed) along
the eastern line of said Donnybrook Addition to the northeastern corner of Lot 18 therein;
thence South 89 degrees 13 minutes 02 seconds West 0.83 feet along the northern line of
said Lot 18; thence North 00 degrees 14 minutes 26 seconds East 275.02 feet (275.00 feet
- Deed) to the POINT OF BEGINNING, containing 27.694 acres, more or less.
EXHIBIT A
QUITCLAIM DEED
200000064069
Filed for Record in
HAIMILTON COUNTY, INDIANA
MARY L CLARK
12-29-2000 1 0:46 am.
0 C DEED 16.00
This Indenture Witnesseth that MORRIS A. SILVERMAN of Hamilton County. Indiana ("Grantor")
quitclaims to the CFI'Y OF CARMEL ("Grantee"), Por valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, all of his/her 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 by
reference herein.
IN WITNESS WHEREOF. the Grantor has caused this deed to be executed this 1± day of
December. 2000.
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Morris A. Silverman
Before me, a Notary Public in and for said County and State, personally appeared Morris A. Silverman
who acknowledged the execution of the foregoing "Quitclaim Deed" as his/her voluntary act and deed.
WITNESS my hand and Seal this IS day of December, 2000.
11111 L RCM
El haalstia bike Ey Cowl t afttutts
My Commission Expires:
Giaie 4c}tthJ
Notary Public
Printed
My County of Residence:
This instrument prepared by: Tanury K. Haney, Bose McKinney & Evans, 600 East 96th Street, Suite 500,
Indianapolis, Indiana 46240.
After Recording return to and send Tax Statements to: City of Carmel. One Civic Square, Carmel, Indiana
46032. C_
TARPS • i%ic I 14a 1(003
t°.Urrrel taid
DULY ENTERED :ORTAAhhTI`J.
Subject to final acceptance for transfer
d6-1 dayof•20
Auditor
Hamilton County
,ounHOD MAtNo
Part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East of the
Second Principal Meridian, Hamilton County, Indiana, being more particularly described
os follows:
Commencing of the Northwest Corner of the Northeast Quarter of said Section 1,
Township 17 North, Range 3 East; thence North 88 degrees 51 minutes 05 seconds Eost
(assuming the bearing of the West Line of said Northeast Quorter to be North 00 degrees
00 minutes 00 seconds East) 29.73 feet along the North Line of said Northeast Quarter to
the Southwest Corner of the Southeast Quarter of Section 36, Township 18 North Range
3 East; thence North 89 degrees 13 minutes 02 seconds East 956.60 feet along the North
Line of said Northeast Quarter to the northwestern corner of a 3.71 -acre tract of land
granted to Sydney V. Corder ("Corder Tract') (recorded as Instrument Number
9709745376 in the Office of the Recorder of Hamilton County, Indiana) and the POINT
OF BEGINNING of this description; thence continue North 89 degrees 13 minutes 02
seconds Eost 829.10 feet along the North Line of said Northeast Quarter to a point lying
South 89 degrees 13 minutes 02 seconds West 870.00 feet from the Northeast Corner of
said Northeast Quarter, soid point also being the northeastern corner of a 9.31 -acre tract
granted to Morris. A. Silveiman ("Silverman Tract") (recorded os Instrument Number
9909937064 in soid Recorder's Office); thence South 00 degrees 10 minutes 31 seconds
West 1458.99 feet (1474.65 feet - Deed) olong the eastern line of said Silverman Tract to
the southeastern corner thereof, said corner being on the South Line of said Northeast
Quarter; thence North 88 degrees 58 minutes 37 seconds West 273.80 feet (273.75 feet -
Deed) along the South Line of said Northeast Quarter to the eastern line of a 9.730 -acre
tract granted to Denee M. Domion ("Domion Tract") (recorded as Instrument Number
200000007293 in sold Recorder's Office); thence South 00 degrees 00 minutes 00
seconds West 16.06 feet parallel with the West Line of said Northeast Quarter and along
said eastern line to the southeastern corner thereof (the following three (3) courses are
along the southern boundory of said Damian Tract); (one) thence North 89 degrees 03
minutes 50 seconds West 278.26 feet (278.23 feet - Deed); (two) thence South 00
degrees 00 minutes 00 seconds West 0.73 feet (0.81 feet - Deed); thence South 89
degrees 13 minutes 02 seconds West 11.75 feet (11.74 feet - Deed) to the southeastern
corner of soid Corder Tract (all of the following courses are along the boundary of said
Corder Tract; thence South 89 degrees 13 minutes 02 seconds West 36.75 feet parallel
with the North Line of said Southeast Quarter; thence South 89 degrees 23 minutes 47
seconds West 224.42 feet (224.10 feet - Deed) to the eastern line of the Donnybrook
Addition (recorded in Plat Book 2, pages 233 and 234 in said Recorder's Office); thence
North 00 degrees 00 minutes 00 seconds East 1183.00 feet (1182.94 feet - Deed) olong
the eastern line of said Donnybrook Addition to the northeastern corner of Lot 18 therein;
thence South 89 degrees 13 minutes 02 seconds West 0.83 feet along the northern line of
said Lot 18; thence North 00 degrees 14 minutes 26 seconds East 275.02 feet (275.00 feet
- Deed) to the POINT OF BEGINNING, containing 27.694 acres, more or less.
EXHIBIT A
DULY ENTERED) FC;.
Subject to final acceptance for transfer
gdayoft conf*l •,=t4
Auditor
Hamilton County
Parcel # /7-,9 -0/ _40
Case No. 00293964
200000064068
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
12-29-2000 10:46 am.
WARR DEED 16.00'
WARRANTY DEED
This Indenture Witnesseth, That MORRIS A. SILVERMAN
(Grantor) of HAMILTON County, in the State of Indiana, Conveys and Warrants to
CITY OF CARMEL
(Grantee) of HAMILTON County, in the State of Indiana, for the sum of Ten & 00/100 Dollars ($10.00)
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following
described real estate in HAMILTON County, in the State of Indiana:
"SEE EXHIBIT A ATTACHED"
Subject To the SPRING Installment of Real Estate Taxes due and payable in MAY 2001 and
all taxes payable thereafter.
Subject To any and all easements, agreements, and restrictions of record. The address of such real estate is
commonly known as: 1507 EAST 116TH CARMEL, IN 46032
Tax bills should be sent to Grantee at such address unless otherwise indicated below.
/JInn �Witness W le eof, Grantor has executed this deed this 15TH day of
))//FL/ 7 L/ X77 A (Seal)
MORRIS A. SILVERMAN
DECEMBER 2000 .
(Seal)
(Seal) (Seal)
STATE OF INDIANA, HAMILTON COUNTY ss: ACKNOWLEDGEMENT
Before me, a Notary Public in and for the said County and State, personally appeared
MORRIS A. SILVERMAN
who acknowledged the execution of the foregoing Warranty Deed. and who. having been duly sworn. stated
that any representations therein contained are true.
Witness my hand and notarial seal this J 5— day of
Signature
My . • _ssion Expires
LE
NotaryPublic
Printed
TT-; C •--.Hien Expires: 08/12/2001 Residing in
My Cate;:/ cf kesileace is: Emilio'
Return to:
Send tax bills to:
ant CIYIC
This document prepared by: Wade R. Nichols, Attorney at Law
Morgan & Associates, Inc., 840 Logan Street, Noblesville, IN 46060.
P
Co., Indiana
Carmd _DN 1440 3 Z