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Sub of ala .lace for transfer
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Auditor
1lamiilon County
Instrument
9709745143
970974`143
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
GOn
EN1WDEED997 At 18.0053 am.
GENERAL WARRANTY DEED
THIS INDENTURE WITNESSETH, That BDC/CARDINAL ASSOCIATES, L.P., an Indiana limited partnership,
("Grantor"), CONVEYS AND WARRANTS to CARMEL-CLAY PARKS AND RECREATION BOARD ("Grantee"),
for the sum of One Dollar ($1.00) and other valuable consideration, the real estate in Hamilton County, Indiana described
on Exhibit A attached hereto and made a part hereof (the "Property"), subject to the covenants, easements agreements and
restrictions described on Schedule 1 attached hereto and made a part hereof.
The Property is further conveyed subject to the following covenants, restrictions and agreements which shall run
with the land in perpetuity, and Grantee, by acceptance of this deed, agrees for itself, its successors and assigns and any
grantees or remote grantees, to be bound thereby:
1. The Property shall be used solely for a linear park.
2. Grantee shall abide by the restrictive covenant contained in Paragraph 6(a) of the Limited Warranty Deed
from Conner Prairie, Inc. to Cardinal Development, L.L.C. dated June I, 1995 and recorded June 5, 1995 as
Instrument Number 9537755 and re-recorded July 10, 1995 as Instrument Number 9542291.
3. No motorized vehicles shall be permitted on the Property other than (i) in the course of development of
the Property, (ii) as is reasonably required to maintain the Property or any utility lines or facilities located thereon,
(iii) motorized wheelchairs or other small vehicles allowing access by disabled individuals, and (iv) emergency
vehicles.
4. No improvements shall be constructed on the Property other than walkways and underground utilities. No
changes shall be made to the natural condition of the land which would be inconsistent with the sole use of the
Property as a linear park linking the Hamilton County Park south of the Property with land north of the Property
with no accommodations for or facilities conducive to picnics, gatherings or lingering on the Property. No
furniture, equipment or any other personal property or futures shall be located on the Property except such as may
be approved in writing by Grantor or Prairie View Homeowners Association, Inc.
5. The Property shall be maintained in a clean, good and orderly condition and repair, subject to the
obligations of the Prairie View Homeowners Association, Inc. described in Section 16(k) of the Real Estate
Purchase Agreement between Grantor and Grantee dated May 13, 1997. No trash or other refuse shall be allowed
to accumulate on the Property. As is consistent with the use of the Property as a linear park, grass shall be mowed
and plantings trimmed regularly, leaves removed promptly and weeds eliminated routinely on that part of the
Property visible from a street or common area within or adjacent to Prairie View.
6. Grantee shall not encourage parking on streets adjoining the Property by persons using the Property.
7. Grantee shall provide for such security as, in Grantee's reasonable determination, is necessary for ensuring
the safety of the Property. Grantee shall take reasonable measures to minimize the risk of unlawful activity
occurring on the Property.
8. Without the consent of Grantor, no trees having a trunk greater than four (4) inches in diameter shall be
removed from that part of the Property within 50 feet of the Prairie View property line; provided, however, that
Grantor's consent shall not be required for (1) removal of dead or diseased trees or any other trees which may
constitute a safety hazard; or (ii) removal of trees in connection with the initial construction of a trail on the
Property.
f rantnr further reserves for the benefit nf itself and the mernhers nf the Pratrip View Hnmemmnerc A cenriatinn
to commencing such work. Each of Benefitted Parties shall indemnify Grantee from and against any and all claims, costs,
liabilities and expenses which may occur as -a result of work performed by or on behalf of such Benefitted Party.
The undersigned person executing this Deed on behalf of Grantor represents and certifies that he is the duly
authorized Assistant General Manager of Grantor and has been fully empowered, by the Limited Partnership Agreement
of Grantor, to execute and deliver this Deed; that Grantor has full capacity to convey the real estate described herein; and
that all necessary action for the making of such conveyance has been taken and done.
IN WITNESS WHEREOF, Grantor has caused this Deed to be executed this29/Lday of September, 1997.
BDC/C • ';SINAL ASSOCIATES, L.P.
By
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Ge ge P. S',eet, General Manager
Before me, a Notary Public in and for said County and State, personally appeared George P. Sweet, the General
Manager of BDC/Cardinal Associates, L.P., an Indiana limited partnership, who acknowledged the execution of the
foregoing Deed for and on behalf of said Grantor, and who, having been first duly sworn, stated that the representations
therein contained are true.
WITNESS my hand and Notarial Seal this 2h day of September, 1997.
My Commission Expires:
Th.a_r/ xYt /599
SEND TAX STATEMENTS TO:
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N1< /en . Uri( ri(k' �•
Notary Public Residing in Nen K • i r ,ids *Coup'titt
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This instrument prepared by Torn Charles Huston, Attorney at Law, 11 South Meridian St., Suite 1313, Indianapolis,
Indiana 46204.
SCHEDULE 1
Possible future annual maintenance assessments for the Elizabeth Warner and the Emily Vestal
Drains.
2. Restrictive covenants contained in a Limited Warranty Deed from Conner Prairie, Inc., an Earlham
Museum, to Cardinal Development, L.L.C. dated June 1, 1995 and recorded June 5, 1995 as
Instrument Number 9537755 and re-recorded July 10, 1995 as Instrument Number 9542291.
3. Agreements and easements contained in Grant of Ingress/Egress Easement dated November 22,
1988 and recorded December 19, 1988 as Instrument Number 8826935.
4. Covenants and easements contained in "Grant of Easement" dated October 24, 1990 and recorded
November 15, 1990 as Instrument Number 9028329 and also dated November 7, 1990 and
recorded November 15, 1990 as Instrument Number 9028330.
Covenants and restrictions contained in "Agreement" between Earlham College and Natalia Wilkins
and Margaret Jane Kitchen dated October 24, 1990 and recorded November 15, 1990 as
Instrument Number 9028331.
6. Dedication of Sanitary Sewer Easement granted to the City of Carmel dated October 11, 1995 and
recorded October 23, 1995 as Instrument Number 9557416 and also dated October 11, 1995 and
recorded October 23, 1995 as Instrument Number 9557417.
7. Dedication of Water Line Easement to the City of Carmel recorded January 8, 1996 as Instrument
Number 9600757.
8. Gas Line Easement granted to Indiana Gas Company, Inc. dated July 6, 1995 and recorded August
21, 1995 as Instrument Number 9548321.
9. Dedication of Sanitary Sewer and Water Line Easement dated September 2, 1995 and recorded
October 23, 1995 as Instrument Number 9557415 to the City of Carmel.
10. Easements reserved in the Special Warranty Deed from Earlham/Conner Prairie Golf Course, LLC
to BDC/Cardinal Associates, L.P., dated September 26, 1996 and recorded September 30, 1996
as Document No. 9609641285.
11. Easements denoted on the recorded plats of (i) Brooks Landing at Prairie View, Section 1 as
recorded per instrument no. 97-20008, P.C. 1, Slide 780 in the Officer of the Recorder of
Hamilton County, Indiana and (ii) Chapman's Claim at Prairie View, Section 1 as recorded per
instrument no. 97-28756, P.C. 1, Slide 795 in the Officer of the Recorder of Hamilton County,
Indiana. ,Kp1
EXHIBIT A - LEGAL DESCR.._ION
BLOCK 0 IN BROOKS LANDING AT PRAIRIE VIEW, SECTION 1 AS PER
PLAT THEREOF RECORDED A5 INSTRUMENT NUMBER 9720008 IN THE
OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
ALSO:
BLOCKS F, O, H AND .1 IN CHAPMAN'S CLAIM AT'PRAIRIE VIEW,
SECTION 1 AS PER PLAT THEREOF RECORDED AS INSTRUMENT NUMBER
9728756 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA.
ALSO:
PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH,
RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN HAMILTON
COUNTY, INDIANA DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 26; THENCE SOUTH 89 DECREES 37 MINUTES 46 SECONDS
EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 1050.85 FEET TO
THE NORTHEAST CORNER OF MOFFITT FARM AT PRAIRIE VIEW SECTION
3-A AS RECORDED PER INSTRUMENT NUMBER 9705551, P.C. 1, SLIDE 759
IN THE OFFICE OF THE HAMILTON COUNTY RECORDER (THE FOLLOWING 3
COURSES BEING ALONG SAID RECORD PWT); (1) THENCE SOUTH 13
DEGREES 18 MINUTES 12 SECONDS WEST A DISTANCE OF 121.12 FEET TO
A POINT ON A CURVE HAVING A RADIUS OF 550.00 FEET, THE RADIUS
POINT OF WHICH BEARS SOUTH 76 DEGREES 41 MINUTES 48 SECONDS
EAST; (2) THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF
118.76 FEET TO A POINT WHICH BEARS NORTH 88 DEGREES 57 MINUTES
27 SECONDS NEST FROM SAID RADIUS POINT; (3) THENCE SOUTH 01
DEGREES 02 MINUTES 33 SECONDS WEST A DISTANCE OF 244.46 FEET TO
THE NORTH EAST CORNER OF THE 131ST STREET RIGHT-OF-WAY A5
RECORDED PER INSTRUMENT NUMBER 9724327; THENCE CONTINUING SOUTH
01 DEGREES 02 MINUTES 3] SECONDS WEST ALONG SAID RIGHT-OF-WAY A
DISTANCE OF 572.97 FEET TO A POINT ON A CURVE HAVING A RADIUS
OF 645.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH S8
DEGREES 57 MINUTES 27 SECONDS WEST; THENCE SOUTHERLY ALONG SAID
CURVE AN ARC DISTANCE OF 481.50 FEET TO A POINT WHICH BEARS
SOUTH 46 DEGREES 11 MINUTES 09 SECONDS EAST FROM SAID RADIUS
POINT, AND THE POINT OF BEGINNING; THENCE SOUTH 46 DECREES 11
MINUTES 09 SECONDS EAST A DISTANCE OF 101.47 FEET TO A POINT
100.00 FEET SOUTHEASTERLY MEASURED PERPENDICULARLY TO SAID
131ST STREET RIGHT-OF-WAY; THENCE SOUTH 47 DEGREES 25 MINUTES
06 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID 13IST
STREET RIGHT-OF-WAY A DISTANCE OF 674.18 FEET TO A POINT ON A
CURVE HAVING A RADIUS OF 455.00 FEET, THE RADIUS POINT OF WHICH
BEARS SOUTH 42 DEGREES 34 MINUTES 54 SECONDS EAST; THENCE
SOUTHERLY ALONG SAID CURVE AND PARALLEL WITH THE EAST LINE OF
SAID 131ST STREET RIGHT-OF-WAY AN ARC DISTANCE OF 268.83 FEET
TO A POINT WHICH BEARS NORTH 76 DEGREES 26 MINUTES 01 SECONDS
WEST FROM SAID RADIUS POINT; THENCE SOUTH 13 'DEGREES 33 MINUTES
59 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID 131ST
STREET RIGHT-OF-WAY A DISTANCE OF 29.77 FEET TO A POINT ON A
CURVE HAVING A RADIUS OF 242.00 FEET, THE RADIUS POINT OF WHICH
BEARS SOUTH 50 DEGREES 22 MINUTES 38 SECONDS WEST, THENCE
SOUTHERLY ALONG SAID CURVE AND PARALLEL WITH THE EAST LINE OF
SAID 131ST STREET RIGHT-OF-WAY AN ARC DISTANCE OF 299.24 FEET
TO A POINT WHICH BEARS SOUTH 58 DEGREES 46 MINUTES 29 SECONDS
EAST FROM SAID RADIUS POINT AND BEING A POINT ON THE NORTH
RIGHT-OF-WAY LIN8 OF LONGEST DRIVE A5 PLATTED IN BROOKS LANDING
AT PRAIRIE VIEW SECTION 1 AS RECORDED PER INSTRUMENT NUMBER
9720008, P.C. 1, SLIDE 780, SAID POINT BEING ON A CURVE HAVING
A RADIUS OF 375.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH
26 DEGREES 36 MINUTES 02 SECONDS EAST; THENCE WESTERLY ALONG
SAID CURVE AND SAID LONGEST DRIVE AND AFORESAID 131ST STREET
RICHT-OF-WAY (THE REMAINING EIGHT (8) COURSES ALONG SAID 131ST
STREET RIGHT-OF-WAY) AN ARC DISTANCE OF 8].90 FEET TO A POINT
OF COMPOUND CURVATURE HAVING A RADIUS OF 21.00 FEET, THE RADIUS
POINT OF WHICH BEARS NORTH 39 DECREES 25 MINUTES 08 SECONDS
EAST FROM SAID POINT; THENCE NORTHERLY ALONG SAID CURVE AN ARC
DISTANCE OF 26.96 FEET TO A POINT OF REVERSE CURVATURE HAVING A
RADIUS OF 142.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 67
DEGREES 01 MINUTES 33 SECONDS WEST FROM SAID POINT; THENCE
NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 187.74 FEET TO A
POINT OF REVERSE CURVATURE HAVING A RADIUS OF 20.00 FEET, THE
RADIUS POINT OF WHICH BEARS NORTH 37 DEGREES 13 MINUTES 19
SECONDS EAST FROM SAID POINT; THENCE NORTHERLY ALONG SAID CURVE
AN ARC DISTANCE OF 23.16 FEET TO A POINT WHICH BEARS NORTH 76
DEGREES 26 MINUTES 01 SECONDS WEST FROM SAID POINT; THENCE
NORTH 13 DEGREES 33 MINUTES 59 SECONDS EAST A DISTANCE OF 75.13
FEET TO A POINT ON A CURVE HAVING A RADIUS OF 555.00 FRFm. 'pc
Dunne
EXHIBIT B
Port of the Northwest Warty of Section 26Townehjo 18 North, Range 4 East o1 the Second Principal Meridian
in Hamilton Counts indkna described as fallowc'y
(Cammennc ig at the northwest corner of the'Nortlimt Quarter of sold Section 26; thence South 69 degrees 37
1 minutes 46 seconds East along the north lhe`ther•of a distance of 1050.85 feet to the northeast tomer of
Moffitt Form at Prairie View Section 3-A as.recorded per Instrument /97-5551, P.0 I, Slide 759 M the Office
o1 the Hamilton County Recorder (the followhg.3'courses being along sold record plat); (1) thence South /3
degrees 18 minutes 12 seconds Nest a distance of 121.12 feet to o point on a curve having a radius o1 550.00
bet, the radius point of which bean South 76 degrees 41 minutes 48 seconds East; (2) thence southerly along
said curve an arc distance of 118.76 feet to a point which bean North 88 degrees 57 minutes 27 seconds Nest
from sold radius point; (3) thenceeSouth 01 degrees 02 minutes 3J seconds West o distance of 244.46 feet to
the north cost corner of the 131st Street right-of-way as recorded per Instrument /97-24327; thence
'N continuing South 01 degrees 02 minutes 33 seconds West along so/d right-of-way a distance of 572.97 feet to
o point on a curve having o radius of 645.00 feet, the radius point of which bows North 88 degrees 57
minutes 27 seconds Nbt thence southerly along sold curve an arc distance of 481.50 feet to a point which
bean South 46 degrees 11 minutes 09 seconds East from sold rad/us point, and the Point of Beginning; thence
South 46 degrees 11 minutes 09 seconds East a distance al 107.47 feet to a point 100.00 southeasterly
measured perpendkulor to sold 131st Street right-of-way, thence South 47 degrees 25 minutes 06 seconds
Nest 3006 feet; thence North 46 degrees 11 minutes 09 seconds West o distance of 85.27 feet to a point on
o curve hovNng o radius of 660.00 fest, the radius point of which bean North 43 degrees 34 minutes 50
seconds West; thence southerly along sold curve an arc distance of 11.51 feet to a point which bean South 42
degrees 34 minutes 54 seconds East frown sold radius point; thence South 47 degrees 15 minutes 06 seconds
West o distance of 366.91 feet; thence South 69 degrees 26 minutes 24 seconds East o distance of 133.70
feet to a point on the west Zine of Lot 49 in proposed Brooks Landing at Prokie Vlew Section 2; thence South
47 degrees 00 minutes 56 seconds Nest along the west line thereof a distance of 16.75 feet to the northwest
caner of Lot 50 in said proposed subdivision; thence South 33 degrees 02 minutes 09 seconds West along the
west.line of sold Lot 50 a distance of 15.36 feet; thence North 69 degrees 26 minutes 24 seconds West a
distance of 138.11 feet; thence South 47 degrees 25 minutes 06 seconds West a distance of 226.72 feet to a
point on a curve hating a radius of 540.00 feet, the radius point o! which bears South 42 degrees 34 minutes
54 seconds East; thence southerly along sold curve an arc distance of 319.05 feet to a point which bears
<North 76 degrees 26 minutes 01 seconds West; thence South 13 degrees 33 minutes 59 seconds West a
distance of 7513 feet to a point on a curve having a radius o! 5.00 feet, the radius point of which bears
South 76 degrees 26 minutes 01 seconds East; theme southerly along sold curve on arc distance of 5.79 feet
to a point of reverse curvature having o radius of 157.00 feet, the radius point of which bears South 37
degrees 13 minutes 19 seconds West; thence southerly along sold curve an arc distance of 207.57 feet to a
point of reverse curvature hating radius of 6.00 feet, the radius point of which bears South 67 degrees 01
minutes 33 seconds East; thencesoutherly ofong sold cure an arc distance of 7.70 feet to a point of reverse
curvature having a radius of .360.00 feet, the radius point of which bears North J9 degrees 25 minutes 08
seconds East; thence easterly along sold curve an arc distance of 81.29 feet to a point which bears South 28
degrees 16 minutes 55 seconds West from sold radhrs point, sold point also being a point an 0 non -tangent
curve having a rodlus of 242.00 feet and being concave northwesterly. from which said radius point bears North
62 degrees 18 minutes 39 seconds West; thence southerly along sold curve on arc distance o1 15.02 feet to a
point which bears South 58 degrees 46 minutes 29 seconds East, sold point being a point on the north
right -of --way line of Longest Drive as dotted in Brooks Landing at Prattle New Sect/on 1 as recorded per
Instrument /97-20008, P.0 1, Slide 780, sold point being on a curve having radius of 375.00 feet, the radius
point o/ which bears North 26 degrees 36 minutes 02 seconds fast; thence westerly along sold curve and sold
Longest Drive and aforesaid 131st Street right- of -way (the remaining eight (8) courses along sold 131st Street
right-of-way) on arc distance o1 83.90 •feet to a point of compound curvature having a radius of 21.00 feet,
the radius point of which boors North 39 degrees 25 minutes 08 seconds East from sold point; thence
northerly along sold curve on arc distance of 26.96 feet to a point of reverse curvature holing a radius of
'142.00 feet, the rodlus paint of which bean North 67 degrees 01 minutes 33 seconds West from sold point;
thence northerly along sold curve on arc distance of 787.74 feet to a point o1 reverse curvature having o radius
of 20.00 feet, the radius point o/ which bows North 37 degrees 13 minutes 19 seconds East from sold point;
thence northerly along said curve on arc distance of 23.16 feet to a point which bean North 76 degrees 26
• minutes Of seconds Nest from sold point thence North 13 degrees 33 minutes 59 seconds East a distance of
75.13 feet to a point on a cunt inane o rodlus of 555.00 feet, the radius point of which bears South 76
degrees 26 minutes 01 seconds East; thence northerly along sold curt an arc distance of 327.9f feet to a
point which bean North 42 degrees 34 minutes 54 seconds Nest from sold radius point; thence North 47
degrees 25 minutes 06 seconds Easta distance of 62725 feet to a point on a curve hating o radius of
__,_s _t yr_` v..-• u..r4e 19 damns" 34 minutes 54 seconds West thence northerly