Current DeedDULY ENTERED FOR TAXATION
Subject to final acceptance of transfer
7th day of Mav 2021- AT
�o- 7 Auditor of Hamilton County
mrc Parcel # 17-09-34-00-00-008.001
2021034699 WD $25.00
05/07/2021 02:53:42PM 4 PGS
Jennifer Hayden
Hamilton County Recorder IN PSI
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN
This indenture witnesseth that: ROBERT A. GALLAGHER and JOHANNA M.
GALLAGHER, husband and wife, of Hamilton County in the State of Indiana GRANT,
WARRANT AND CONVEY to WEDGEWOOD BUILDING COMPANY, LLC, an Indiana
limited liability company, an undivided sixty-seven and 4/10ths percent (67.4%) interest, and
HOMES BY McKENZIE, INC, an Indiana for -profit corporation, an undivided thirty-two
and 6/10ths percent (32.6%) interest, each of said undivided interests being in the nature of a
tenancy in common with the other, for and in consideration of One Dollar ($1.00) and other good
and valuable consideration the receipt whereof is hereby acknowledged, the following Real Estate
in Hamilton County in the State of Indiana:
Part of the Northeast Quarter of the Northeast Quarter of Section 34, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northwest corner of the said Quarter Quarter Section; thence North 89
degrees 14 minutes 10 seconds East along the North line of the said Quarter Quarter
Section, also being the South line of Springmill Streams — Section Two, as per plat
thereof, recorded in Plat Book 11, pages 31 and 32 in the Office of the Recorder of
Hamilton County, Indiana, 218.17 feet to the Southeast corner of Lot 36 in said
Springmill Streams — Section Two; thence South 00 degrees 07 minutes 22 seconds East
parallel with the West line of the said Quarter Quarter Section 100.00 feet; thence south
89 degrees 14 minutes 10 seconds West parallel with the North line of the said Quarter
Quarter Section 218.17 feet to the West line of the said Quarter Quarter Section; thence
North 00 degrees 07 minutes 22 seconds West along the said West line 100.00 feet to the
point of beginning, containing 0.50 acres, more or less.
Subject to all restrictions, covenants, easements and rights -of -way of record.
Tax Parcel Number: 17-09-34-00-00-008.001 / 29-09-34-000-008.001-018
PERMANENT RESTRICTIONS: This conveyance and the described real estate are subject to
the following restrictions which shall run with title to the real estate:
1. Tree Preservation Area. Existing trees and growing plants within the north 30 feet and
west 30 feet of the real estate shall be protected so that no trees, bushes or undergrowth
shall be cut back or removed unless they are dead or have fallen. This area shall be
hereafter referred to as the "Tree Preservation Area" and is graphically depicted on Exhibit
A attached hereto and made a part hereof.
2. Additional Planting Area. An additional strip of land 15 feet in width contiguous on the
south of the Tree Preservation Area shall include plantings as currently proposed by
Grantee and/or the developer of Jackson's Grant subdivision. This area shall be hereafter
referred to as the "Landscape Easement" and is graphically depicted on Exhibit A attached
hereto and made a part hereof and labelled "15' L.E (Proposed)".
3. Permanent Structures. No permanent structures may be placed on 30-foot Tree
Preservation Area, the 15-foot Landscape Easement and the 30-foot Drainage and Utility
Easement depicted on Exhibit A.
4. Lighting. No lighting may be elevated above ground more than eight (8) feet nor exceed
250 lumens per lighting fixture on the real estate.
5. Drainage. A drainage and utility easement 30 feet in width contiguous on the south and
east of the Landscape Easement shall exist to provide for appropriate drainage contours
and/or structures if recommended by a licensed civil engineer or other qualified
professional selected and retained by Grantees to prevent flowing onto surrounding real
estate outside of the Jackson's Grant on Williams Creek plat as amended. Any required
drainage outlets shall be through the lands of the adjoining Jackson's Grant on Williams
Creed plat lying east and south of the real estate. This area shall be hereafter referred to as
the "Drainage and Utility Easement" and is graphically depicted on Exhibit A attached
hereto and made a part hereof.
6. Attorney Fees and Costs. In the event either the Grantors or Grantees, or their respective
successors or assigns, successfully bring an action to enforce these provisions or
successfully defend such an action brought against them, then the non -prevailing party
shall reimburse the prevailing party for attorney fees and costs incurred by such prevailing
party.
7. No Joint Liability. For clarity, liability of a Grantee or successor for breach of any of
these provisions shall only be enforceable against a Grantee or successor that has
committed such breach and shall not be the joint liability of both Grantees and their
successors unless both Grantees or their successors have actively participated in such
breach.
TAX RECITAL: Subject to all taxes and assessments which are now or hereafter become a lien
against the real estate.
Dated May , 20
Robert A. Gallagher
STATE OF INDIANAti )
) SS:
COUNTY OF
l
Joh a M. Gallagher
Before me, the undersigned, a Notary Public in and for said County and State, on May , 2021,
personally appeared Robert A. Gallagher and Johanna M. Gallagher, and acknowledged the
execution of the foregoing document and affirmed under the pen y for perjury that the facts stated
are true and correct to the best of their knowledge. In witne s e eof, I have h reunto subscribed
my name and affixed my official seal.
L`iNN pURCIFUL
aP.aV�P"��9 Resident Of
Madison Count
} My Comrnissiot� Expires
February 1% 2023
comsrission # 664S27
My Commission Expires:
Resident of
Mail tax bills to: , �`� � - \ t
Property Address: ' u �..� - , f ,l
Notary Public
County
Grantees' Address: ; . �t�
THIS INSTRUMENT PREPARED BY: Jeffrey L. Turner, Attorney At Law, 712 N. Main Street,
Auburn, Indiana 46706, wihtout opinion of title. Tele. (260) 908-1447. Supreme Court #909-17.
I affirm under the penalties for perjury that I have taken reasonable care to redact each Social
Security Number in this document, unless required by law. Jeffrey L. Turner.
00
�0
O
N:
Wyq•-
Jackson's Grant on Williams Creek
Lots 324 & 325
GALLAGHER 0.5 Ac.
(SHADED)
I20.7T
226.45'
30' T.P.&k.B,
Se
"r, e6, servation Area
r
30—F.P.E.&L.B.
(PROPOSED)
(EXISTING)
— — — — — — — — — — — — — — — — ---
F 6nd— (PROPOSED) (PRGpOSEE] L
d\
— — — — — —
— — — — — —
—
— --
Enement
N89132159"E 31629'
Drainage and, Utilit a
vy Easemen
301 D.&U.E.
(EXISTING)
D.&U.E.
(PROPOSED)
32S
39,099 sq.fi.
z
41-
VAR- B.L.
64.66'
w
VAR. D.U.&S.S.E.
324
1,999 sq.
56-52'
kq 64.691
CNI
Y31-OCK
70,928 sq. ft�C]3
S8942'34"E
2.42'
C,
—T4 69'
ALMOND CREEK DRIVE
;
N99143'00"W 44.18' 4,
(PRIVATE)
209,29' IV
64.69'
ID
GRAPHIC SCALE
50' 0 25' 50'
IN FEET
V = 50 FT
LEGEND
2S
LOT NUMBER
R/W
RIGHT-OF-WAY
I.E.E.
INGRESS / EGRESS EASEMENT
B.L.
BUILDINGLINE
D&U.E.
DRAINAGE & UTILITY EASEMENT
D.U.&S.S.E.
DRAINAGE UTILITY & SANITARY SEWER EASEMENT
T.P.E.&L.B.
TREE PRESERVATION EASEMENT' / LANDSCAPE
BUFFER
L.E.
LANDSCAPE EASEMENT
VAR
VARIABLE
JOB NO. 60160NIKZ PAGE
S T O E P P E L W E R T H DRAWNBY: LAF
4 CHECKED BY: DDO
1
1� ALWAYSON
7965 Eau 106th Street, fishers, IN 4603E-2505 DATE DRAWN: 04/28/2021
phone: 317.8493935 fox: 317.8495942
FTT7;7 DATE: OF 1 SHEETS