HomeMy WebLinkAboutCC-07-21-08-02 Brookshire Golf Course Transfer/CitySPONSOR(S): Councilors Carter and Sharp
RESOLUTION NO. CC-07-21-08-02
AS AMENDED
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
REGARDING AN INTRAGOVERNMENTAL TRANSFER
OF REAL AND PERSONAL PROPERTY INTERESTS
WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council"), is the fiscal
body for the City of Carmel, Indiana (the "City"); and
WHEREAS, the City of Carmel Redevelopment Commission (the "CRC") is a governmental
entity created and authorized to administer certain redevelopment activities within the City; and
WHEREAS, the CRC. has. acquired certain real property (described on Exhibit A attached hereto
and incorporated herein), equipment and equipment leases, being the land and operating assets of an
eighteen (18) hole regulation length public golf course that has not been put into a redevelopment project
area (tile "Golf Course"); and
WHEREAS, the CRC has detennined that it is now in the best interests of the CRC and the City
to transfer the Golf Course to the City under the terms and conditions set. forth herein, as authorized by
Indiana Code 36-7-14-12.2 and other applicable law; and
WHEREAS, the City has determined that it is now in the best interests of the City to acquire the
Golf Course under the terms and conditions set forth herein, as authorized by Indiana Code 36-7-14-12.2
and other applicable law; and
WHEREAS, Indiana Code Section 36-1-I1-8 authorizes the transfer of property between
governmental entities upon terms and conditions agreed upon by the entities, as evidenced by the adoption
of a substantially identical resolution by each entity.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA, AS FOLLOWS:.
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The CRC will transfer the Golf Course to the City subject to the following provisions:
Page One of Three Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney.
As amended 7-21-08 by Councilor Rick Sharp.
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SPONSOR(S): Councilors Carter and Sharp
A. The transfer of the real property which is part of the Golf Course shall be by warranty
deed and the CRC shall execute all other usual and customary conveyance documents
for the remainder of the Golf Course including a bill of sale, an assignment of all
necessary permits and licenses and an agreemenf with the City regarding certain
equipment leases applicable to the Golf Course whereby the CRC will keep such
equipment leases in full force and effect and the City shall (i) perform certain
obligations of the CRC under the equipment leases; and/or (ii) make payments
required under the equipment leases; and
B. The purchase price for the Golf Course shall be mutually agreed upon by the City and
the CRC; provided, however, such price shall not be less than the total of the amount
of the original bond indebtedness resulting from the purchase of the golf course and
the sum of all cash expenditures made by the CRC, relating to the above indebtedness,
during its period of ownership.
Section 3. The parties shall take all steps necessary to effect the transfer of the Golf Course from
the CRC to the City as provided herein. Such transfer shall take place at-a time and date mutually agreed
upon by the City and the CRC.
S t.
SO RESOLVED by the Common Council of the City of Cannel. Indiana, this I day of
2008, by a vote of `r ayes and a nayes.
COUNCI? FOR 7
L.
E. Carter
Tempore
A/?v
Diana L. Cordray, [AMC, Clerk-T surer
Council Resolution No. CC-07-21-08-02
Page Two of Three Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney.
As amended 7-21-08 by Councilor Rick Sharp.
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uci der
SPONSOR(S): Councilors Carter and Sharp
Presented by me to the Mayor of the City of Cannel, Indiana,
2008, at 4;:,579 O'clock, 1 P.M.
Approved by me, the Mayor of the City of Carmel,
2008, at (c: S O'clock, P.M.
ATTES'?
Diana L. Cordray, IIA•'MC, Clerk-Trea rer
Common Council Resolution No. CC-07-21-08-02
Page Three of Three Pages
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this al day of , Q3 0
Diana L. Cordray,IAMC, Clerk-T surer
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Indiana, this& day of
n
J es Bra Hard, Mayor
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney.
As amended 7-21-08 by Councilor Rick Sharp.
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EXHIBIT A
Legal Description
Brookshire Golf Course - Golf Tract
12120 Brookshire Parkway
PARCEL 1:
Part of the Southeast (Southwest; Northwest and Northeast) Quarter of Section 32, Township 18 North, Range 4
East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the. Southeast corner of the Southeast Quarter of Section 32, Township 18 North, Range 4 East;
thence North 89 degrees 46 minutes 50 seconds West (assumed bearing) on and along the South line of said
Southeast Quarter 840.18 feet to the POINT OF BEGINNING; thence continue along said South line North 89
degrees 46 minutes 50 seconds West 479.39 feet to the West line of the Southeast Quarter of the Southeast Quarter
of said Section 32; thence North 00 degrees 12 minutes 40 seconds West on and along the West line of said Quarter
Quarter Section 305.10 feet measured (307.40 feet deed); thence North 67 degrees 24 minutes 40 seconds East
287.53 feet; thence North 00 degrees 12 minutes 40 seconds West parallel with the West line of said Quarter Quarter
Section 146.58 feet; thence North 84 degrees 17 minutes 40 seconds West 267.30 feet to a point on the West line of
said Quarter Quarter Section; thence North 89 degrees 44 minutes 05 seconds West parallel with the North line of
said Quarter Quarter 662.19 feet to a point which is 660.00 feet South 89 degrees 43 minutes 43 seconds East of the
West line of said Quarter Quarter; thence North 00 degrees 14 minutes 26 seconds West parallel with the West line
of said Quarter Quarter 106.41 feet; thence North 73 degrees 18 minutes 11 seconds West 348.34 feet; thence North
00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 2.00 feet; thence North
73 degrees 16 minutes 41 seconds West 341.61 feet to the West line of Quarter Quarter; thence North 00 degrees
14 minutes 26 seconds West on and along aforesaid West line 687.84 feet to a point which is 1064.50 feet South 00
degrees 14 minutes 26 seconds East of the center of said Section 32; thence North 72 degrees 36 minutes 50
seconds West 476.09 feet to a point which is 924.00 feet South 00 degrees 14 minutes 26 seconds East of the North
line and 453.75 feet North 89 degrees 46 minutes 37 seconds West of the East line of the Southwest Quarter of said
Section 32; thence North 89 degrees 46 minutes 37 seconds West parallel with the North line of said Southwest
Quarter 206.25 feet; thence North 00 degrees 14 minutes 26 seconds West parallel with the East line of said
Southwest Quarter 924.00 feet to the North line thereof; thence North 89 degrees 46 minutes 37 seconds West on
and along the South line of the Northwest Quarter of said Section 32, 293.15 feet to the Southeast comer of
Brookshire, Section 6-C, the plat of which is recorded in Plat Book 5, page 45, in the Office of the Recorder of
Hamilton County, Indiana; thence North 07 degrees 57 minutes 43 seconds Easton and along the Eastline of said
subdivision, 304.85 feet to the Southeast corner of Brookshire, Section 6-B, the plat of which is recorded in Plat Book
4, pages 171 and 172 in the Office of the Recorder of Hamilton County, Indiana; thence North 07 degrees 57 minutes
43 seconds East on and along the East line of said subdivision 446.56 feet; thence North 15 degrees 01 minute 45
seconds East on and along said East line 70.06 feet to the Southeast comer of Brookshire, Section 6-A, the plat of
which is recorded in Plat Book 4, page 169, in the Office of the Recorder of Hamilton County, Indiana; thence North
15 degrees 01 minute 45 seconds East on and along the East line of said subdivision, 536.31 feet; thence North 20
degrees 34 minutes 48 seconds East on and along said East line 234.98 feet; thence North 08 degrees 58 minutes
11 seconds East on and along said East line 233.12 feet; thence North 16 degrees 16 minutes 45 seconds East on
and along the East line of said subdivision, 319.71 feet; thence North 40 degrees 56 minutes 51 seconds East on
and along the East line of said subdivision, 442.15 feet; thence South 89 degrees 30 minutes 17 seconds East on
and along the East line of said subdivision, 174.93 feet; thence South 00 degrees 19 minutes 30 seconds West
110.00 feet; thence South 69 degrees 48 minutes 30 seconds East 116.06 feet; thence South 16 degrees 26 minutes
45 seconds West 200.00 feet; thence South.73 degrees 33.minutes 15 seconds East 45.00 feet; thence North 47
Page 1 of 10 Pages
degrees 01 minute 42 seconds East 220.37 feet; thence North 36 degrees 39 minutes 30 seconds East 165.00 feet
to a point which is 290.00 feet South 00 degrees 19 minutes 30 seconds West of a point on the North line of the
Northeast Quarter of said Section 32, which is 340.00 feet South 89 degrees 40 minutes 30.seconds East of the
Northwest comer thereof; thence North 45 degrees 19 minutes 30 seconds East 176.78 feet; thence North 00
degrees 19 minutes 30 seconds East 165.00 feet to a point on the North line of the Northeast Quarter of Section 32,
Township 18 North, Range 4 East which is 465.00 feet South 89 degrees 40 minutes 30 seconds East of the
Northwest comer of said Northeast Quarter; thence South 89 degrees 40 minutes 30 seconds Easton and along the
North line of said Northeast Quarter 259.39 feet to the Northwest corner of Brookshire, First Section, the plat of which
is recorded in Plat Book 3, page 108, in the Office of the Recorder of Hamilton County, Indiana; thence South 32
degrees 39 minutes 00 seconds East on. and along the West line of said subdivision 217.18 feet; thence South 32
degrees 49 minutes 15 seconds West on and along the West line of said subdivision 217.27 feet; thence South 21
degrees 36 minutes 10 seconds West on and along said West line 285.20 feet; thence South 47 degrees 05 minutes
35 seconds West on and along said West line 250.09 feet; thence South 32 degrees 49 minutes 30 seconds West on
and along said West line 417.41 feet; thence South 38 degrees 59 minutes 30 seconds west on and along said West
line 289.36 feet to the Northernmost corner in the rear line of Lot 74 in Brookshire, Third Section, the plat of which. is
recorded in Plat Book 3, page 145, in the Office of the Recorder of Hamilton County,. Indiana; thence South 80
degrees 39 minutes 25 seconds West on and along the Northerly line of said subdivision, 185.23 feet; thence South
17 degrees 00 minutes 00 seconds West on and along the westerly line of said subdivision 515.96 feet; thence South
41 degrees 18 minutes 27 seconds West on and along the Westerly line of said subdivision, 199.86 feet; thence
South 10 degrees 21 minutes 28 seconds West on and along the Westerly line of said subdivision 329.89 feet;
thence South 06 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision, 361.87
feet; thence South 32 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision 366.57
feet; thence North 70 degrees 38 minutes 00 seconds East on and along the Southerly line of said subdivision
136.45 feet; thence North 43 degrees 27 minutes 45 seconds East on and along the Easterly line of said subdivision
586.00 feet; thence North 06 degrees 10 minutes 00 seconds West on and along the Easterly line of said subdivision,
231.76 feet; thence North 45 degrees 00 minutes 00 seconds East on and along the Easterly line of said subdivision,
315.00 feet; thence North 60 degrees 45 minutes 20 seconds East on and along the Easterly line of said subdivision
152.11 feet to the westerly line of Brookshire, Second Section, the plat of which is recorded in Plat Book 3, page 116,
in the Office of the Recorder of Hamilton County, Indiana;, thence South 08 degrees 32 minutes 35 seconds East on
and along said West line 236.08 feet; thence North 62 degrees 51 minutes 20 seconds East on and along the South
line of Lot 124 in said subdivision 170.00 feet to the Westerly line of Brookshire Parkway, said point being on said
curve with a radius of 330.00 feet, the radius point of which bears North 62 degrees 51 minutes 20 seconds East
from the last described point; thence Southeasterly on and along said right of way line on a curve 131.64 feet to a
point which bears South 40 degrees 00 minutes 00 seconds-West from the radius point of said curve; thence South
50 degrees 00 minutes 00 seconds East on and along said right of way line 268.33 feet; thence South 40 degrees 00
minutes 00 seconds West on and along the Westerly line of said Brookshire, Second Section, 150.00 feet; thence
South 41 degrees 48 minutes 31 seconds East on and along said West line 93.23 feet; thence South 11 degrees 03
minutes 36 seconds East on and along said.West line 138.55 feet; thence South 30 degrees 00 minutes 00 seconds
West on and along sail West line 312.18 feet; thence South 04 degrees 54 minutes 42 seconds East on and along
said West line 486.70 feet to the Northeast comer of Lot 261 in'Brookshire, Section Five, the plat of which is
recorded in Plat Book 4, pages 117 and 118 in the Office of the Recorder of Hamilton County, Indiana; thence South
90 degrees 00 minutes 00 seconds West on and along the Northerly line of said subdivision 430.00 feet; thence
South 24 degrees 20 minutes 55 seconds West on and along the Westerly line of said subdivision, 144.78 feet;
thence South 12 degrees 54 minutes 00 seconds West on arid along the Westerly line of said subdivision, 236.59
feet; thence South 45 degrees 00 minutes 00 seconds East on and along the Westerly line of said subdivision,
196.32 feet; thence South 55 degrees 25 minutes 49 seconds East 375.39 feet; thence South 76 degrees 13 minutes
EXHIBIT A - Page 2 of 10 Pages
35 seconds East on and along the Southerly line of said subdivision, 350.12 feet; thence South 86 degrees 41
minutes 40 seconds Easton and along the Southerly line of said subdivision, 770.00 feet; thence North 86 degrees
37 minutes 23 seconds East on and along the Southerly line of said subdivision, 150.78 feet; thence North 71
degrees 41 minutes 38 seconds East on and along the Southerly line of said subdivision, 75.27 feet; thence North 57
degrees 44 minutes 40 seconds East on and along the Southerly line of said subdivision, 280.75 fleet; thence North
89 degrees 49. minutes 06 seconds East on and along the Southerly line of said subdivision, 20631 feet measured
(230.00 feet deed) to the Westerly right-of-way of Gray Road as described in Bridge Project #139, the following six
(6) courses and distances being along the aforesaid right-of-way line (1) thence South 00 degrees 09 minutes 42
seconds East 401.59 feet; (2) thence South 12 degrees 14 minutes 45 seconds West 102.39 feet; (3) thence South
00 degrees 09 minutes 42 seconds East 150.00 feet; (4) thence South 19 degrees 33 minutes 15 seconds East
53.01 feet; (5) thence South 07 degrees--21 minutes 54 seconds West 101.96 feet; (6) thence South 09 degrees 40
minutes 09 seconds East 207.97 feet to the Northerly right-of-way line of 116th Street as now laid out and in use, the
following four (4) courses and distances being along the aforesaid Northerly right-of-way line (1) thence South 61
degrees 37 minutes 56 seconds West 62.66 feet; (2) thence South 84 degrees 45 minutes 22 seconds West 55.24
feet; (3) thence North 89 degrees 54 minutes 34 seconds West 675.00 feet; (4) thence South 70 degrees 10 minutes
49 seconds West 53.18 feet; thence South 00 degrees 05 minutes 26 seconds West 20.00 feet to the place of
beginning, containing 123.97 acres, more or less.
EXCEPTING THEREFROM
Part of the Northeast and part of the Northwest Quarter of Section 32, Township 18 North, Range 4 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northwest comer of Lot Number Three (3) in Brookshire Overlook, an Addition in Hamilton County,
Indiana, as per plat thereof recorded in Plat Book 7, pages 149 and 150 in the Office of the Recorder of Hamilton
County, Indiana; thence South 00 degrees 19 minutes 30 seconds West (plat bearing this and the next course are on
the perimeter of said Lot Number Three (3) in Brookshire Overlook) 69.97 feet to iron pin found; thence South 69
degrees 48,minutes 30 seconds East 76.27 feet; thence South 20 degrees 11? minutes 30 seconds West 12.20 feet;
thence North 72 degrees 01 minute 00 seconds West 74.75 feet; thence North 00 degrees 19 minutes 00 seconds
East parallel with the West line of said Lot Number Three (3), 85.19 feet; thence South 89 degrees 40 minutes 30
seconds East 3.50 feet to the Point of Beginning, containing 1;319 square feet (0.03 acre), more or less.
ALSO EXCEPTING THEREFROM:
A part of the Northeast Quarter of Section 32, Township 18 North, Range 4 East, in Hamilton County, Indiana, being
more particularly described as follows:
Commencing at the northwest corner of Lot 111 in Brookshire; Third Section, as recorded in Book 3, Page 145, in the
Office of the Recorder of Hamilton County, Indiana; said northwest corner being North 89 degrees 35 minutes 38
seconds East from a brass plug found in the centedine of Windsor Drive; thence South 88 degrees 22 minutes 10
seconds East (plat bearing) along the north line thereof a distance of 141.77 feet to the northeast corner of said Lot
111; thence North 78 degrees 54 minutes and 21 seconds East a distance of 75.11 feet to the comer of an existing
fence and the Point of Beginning; thence North 40 degrees 6 minutes 59, seconds East along said fence a distance of
78.84 feet; thence North 49 degrees 54 minutes 31 seconds West a distance of 12.48 feet; thence North 40 degrees
32 minutes 18 seconds East a distance of 22.44 feet; thence South 50 degrees 42 minutes 16 seconds East a
distance of 21.08 feet; thence South 41 degrees 39 minutes 28 seconds West a distance of 10.56 feet to an existing .
fence; thence South 49 degrees 46 minutes 01 seconds East along said fence and exterior wall of an existing
EXHIBIT A - Page 3 of 10 Pages
building a distance of 132.34 feet; the following 3 courses are along said exterior of an existing building; (1) thence
South 40 degrees 10 minutes 16 seconds West a distance of 1.40 feet; (2) thence North 49 degrees 49 minutes 44
seconds West a distance of 1.32 feet; (3) thence South 40 degrees 10 minutes 16 seconds West a distance of 33.50
feet to an existing party wall; thence North 49 degrees 49 minutes 44 seconds West along said party wall a distance
of 30.20 feet to the exterior wall of said existing building, the following 3 courses are along said exterior wall;
(1) thence South 40 degrees 10 minutes 16 seconds West a distance of 37.39 feet; (2) thence North 49 degrees 49
minutes 44 seconds West a distance of 15.86 feet; (3) thence South 40 degrees 18 minutes 22 seconds West a
distance of 18.04 feet to an existing fence line;
thence North 50 degrees 10 minutes 32 seconds West along said fence a distance of 7.81 feet; thence South 39
degrees 34 minutes 40 seconds West a distance of 6.00 feet; thence North 50 degrees 10 minutes 32 seconds West
a distance of 5.50 feet; thence North 39 degrees 34 minutes 40 seconds East a distance of 6.00 feet to said existing
fence; thence North 50 degrees 10 minutes 32 seconds West along said fence a distance of 80.23 feet to the Point of
Beginning. Containing 0.254 acres, more or less.
ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL:
A part of Section 32, Township 18 North, Range 4 East, in Hamilton County, Indiana, being described as follows:
Commencing at the southeast comer of the Southeast Quarter of said Section; thence North 89 degrees 46 minutes
50 seconds West along the south line thereof a distance of 1321.87 feet to the southwest corner of the Southeast
Quarter of said Southeast Quarter; thence North 00 degrees W minutes 27 seconds West along the west line of said
Quarter Quarter Section a distance of 307.40 feet to the southwest comer of a tract of land described in Instrument #
91-2483 in the Office of the Recorder, in Hamilton County,, Indiana (the following three. (3) courses being along the
south, east and north lines of said tract of land); (1) thence North 67 degrees 29 minutes 53 seconds East a distance
of 287.53 feet; (2) thence North 00 degrees 07 minutes 27 seconds West parallel with aforesaid west line a distance
of 146.58 feet; (3) thence North 84 degrees 07 minutes 37 seconds West a distance of 267.34 feet to the northeast
comer of a tract of land described in Instrument # 98-9851709 in of said Recorder's Office; thence North 89 degrees
10 minutes 45 seconds West a distance of 440.80 feet to the east line of. Brooks Manor as per plat thereof recorded
in Plat Book 15, pages 88-89 in said Recorder's Office; thence North 00 degrees 43 minutes 30 seconds West along
said east line a distance of 4.43 feet to the northeast comer of said Brooks Manor; thence South 89 degrees 47
minutes 13 seconds West along the north line of said Brooks Manor a distance of 222.70 feet to the east line of Briar
Cove Estates as per plat thereof recorded in Plat Book 6, pages 79-80 in said Recorders Office; thence North 00
degrees 23 minutes 01 seconds West along the east line of said Briar Cove Estates a distance of 98.59 feet; thence
North 73 degrees 38 minutes 15 seconds West along the north line of said Briar Cove Estates a distance of 341.70
feet to the northeast corner of Williams Ridge as per plat thereof, recorded as Instrument # 2002-83530 in said
Recorder's Office; thence North 72 degrees 45 minutes 44 seconds West along the north line of said Williams Ridge
a distance of 345.86 feet to the west line of the Southeast Quarter of said Section; thence North 00 degrees 06
minutes 48 seconds West along said line a distance of 690.00 feet to the northeast comer of Bradford. Place as per
plat thereof recorded in Plat Book 12, page 79 in said Recorder's Office; thence North 16 degrees 09 minutes 40
seconds West a distance of 129.22 feet to the Point of Beginning; thence North 37 degrees 16 minutes 36 seconds
West a distance of 65.00 feet; thence North 52 degrees 43 minutes 24 seconds East a distance of 20.00 feet; thence
South 37 degrees 15 minutes 36 seconds East a distance of 65.00 feet; thence South 52 degrees 43 minutes 24
seconds West a distance of 20.00 feet to the Point of Beginning. Containing 1,300 square feet, more or less.
[END OF EXCLUSIONS]
EXHIBIT A - Page 4 of 10 Pages
AND TOGETHER WITH THE FOLLOWING PARCELS 2,3 AND 4:
PARCEL 2:
Part of Lot 23 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 2, page 85 in the
Office of the Hamilton County Recorder, more particularly described as follows:
Beginning at the Northernmost comer of said Lot 23; thence South 00 degrees 14 minutes 35 seconds East on and
along the East line of said Lot 209.60 feet; thence North 24 degrees 48 minutes 27 seconds West 155.78 feet to a
point on the Northerly line of said Lot; thence North 43 degrees 23 minutes 37 seconds East on and along aforesaid
Northerly line 93.85 feet to the place of beginning; containing 0.156 acre, more or less.
PARCEL 3
Part of Lot 24 in Eden Forests, a subdivision,in Hamilton County, Indiana, recorded in Plat Book 3, page 85 in the
Office of the Hamilton County Recorder, more particularly described as follows:
Beginning at the Northeastern most corner of said Lot 24; thence South 00 degrees 14 minutes 35 seconds East on
and along the East line of said Lot 290.40 feet to the Southeast comer of said Lot; thence South 43 degrees 23
minutes 37 seconds West on and along the South line of said Lot 93.85 feet; thence North 24 degrees 48 minutes 27
seconds West 282.27 feet to a point on the Northwesterly line of said Lot; thence North 29 degrees 18 minutes 24
seconds East on and along said Northwesterly line 118.72 feet to the North line of said Lot; thence South 89 degrees
27 minutes 42 seconds East 123.57 feet to the place of beginning, containing 1.037 acres, more or less.
PARCEL 4:
Part of Lot 25 in Eden Forests, a subdivision in Hamilton County,. Indiana, recorded in Plat Book 3, page 85 in the
Office of the Hamilton County Recorder, more particularly described as follows:
Beginning at the Northeast comer of said Lot 25; thence South 29 degrees 18 minutes 24 seconds west on and
along the East line of said Lot 118.72 feet; thence North 24 degrees 48 minutes 27 seconds West 115.16 feet to a
point on the North line of said Lot; thence South 89 degrees 27 minutes 42 seconds East on and along aforesaid
North line 106.43 feet to the place of beginning, containing 0.127 acre, more or less.
EXHIBIT A - Pages of 10 Pages
The foregoing, real estate is also described as follows:
Brookshire Golf Club
12120 Brookshire Parkway, Carmel, Indiana
MODERN LEGAL DESCRIPTION
A part of Section 32, Township 18 North, Range 4 East, in Hamilton County, Indiana, being described as follows:
Commencing at the southeast comer of the Southeast Quarter of said Section; thence North 89 degrees 46 minutes
50 seconds West along the south line thereof a distance of 840.18 feet to the Point of Beginning; thence continuing
North 89 degrees 46 minutes 50 seconds West along said south line a distance of 481.69 feet to the southwest
corner of the Southeast Quarter of said Southeast Quarter; thence North 00 degrees 07 minutes 27 seconds West
along the west line of said Quarter Quarter Section a distance of 307.40 feet to the southwest comer of a tract of land
described in Instrument # 91-2483 in the Office of the Recorder, in Hamilton County, Indiana (the following three (3)
courses being along the south, east and north lines of said tract of land); (1) thence North 67 degrees 29 minutes 53
seconds East a distance of 287.53 feet; (2) thence North 00 degrees 07 minutes 27 seconds West parallel with
aforesaid west line a distance of 146.58 feet; (3) thence North 84 degrees 07 minutes 37 seconds West a distance of
267.34 feet to the northeast comer of a tract of land described in Instrument # 98-9851709 in of said Recorder's
Office; thence North 89 degrees 10 minutes 45 seconds West a distance of 440.80 feet to the east line. of Brooks
Manor as per plat thereof recorded in Plat Book 15, pages 88-89 in said Recorders Office; thence North 00 degrees
43 minutes 30 seconds West along said east line a distance of 4.43 feet to the northeast comer of said Brooks
Manor; thence South 89 degrees 47 minutes 13 seconds West along the north line of said Brooks Manor a distance
of 222.70 feet to the east line of Briar Cove Estates as per plat thereof recorded in Plat Book 6, pages 79-80 in said
Recorders Office; thence North 00 degrees 23 minutes 01 seconds West along the east line of said Briar Cove
Estates a distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West along the north line- of said
Briar Cove Estates a distance of 341.70 feet to the northeast comer of Williams Ridge as per plat thereof, recorded
as Instrument # 2002-83530 in said Recorders Office; thence North 72 degrees 45 minutes 44 seconds West along
the north line of said Williams Ridge a distance of 345.86 feet to the west line of the Southeast Quarter of said
Section; thence North 00 degrees 06 minutes 48 seconds West along said line a distance of 690.00 feet to the
northeast comer of Bradford Place as per plat thereof recorded in Plat Book 12, page 79 in said Recorders Office;
thence North 73 degrees 56 minutes 15 seconds West along the north line of said Bradford Place a distance of
477.75 feet to the northwest comer of said Bradford. Place; thence South 00 degrees 19 minutes 40 seconds East
along the west line of said Bradford Place a distance of 11.70 feet to the easterly extension of the north line of Eden
Forest as per plat thereof recorded in Plat Book 3, pages 85 and 87 (the following two (2) courses are along the north
and east lines of said Eden Forest); (1)thence North 84 degrees 33 minutes 26 seconds West a distance of 210.61
feet; thence North 00 degrees 11 minutes 15 seconds West a distance of 424.84 feet to the south line of a tract of
land described in Instrument #2002-19973 in said Recorders Office as Parcel 2; thence North 24 degrees 45 minutes
07 seconds West along the southwesterly line of said Parcel 2 and the southwesterly lines of Parcels 3 and 4 in said
instrument #2002-19973 a distance of 551.73 feet to the north line of, said Eden Forest; thence North 89 degrees 44
minutes 24 seconds West along said north line a distance of 58.00 feet to the southeast comer of Brookshire,
Section 6-C, as per plat thereof recorded in Plat Book 5, page 45 in said Recorders Office; thence North 07 degrees
59 minutes '14 seconds East along the east.line of said Brookshire, Section 6-C a distance of 304.39 feet to the
southwest corner of Brookshire, Section 6-B as per plat thereof recorded in Plat Book 4, pages 171-172 in said
Recorders Office; thence North 07 degrees 59 minutes 09 seconds East along the east line of said Brookshire,
Section 6-B a distance of 446.56 feet; thence North 15 degrees 03 minutes 11 seconds East along said east line a
distance of 70.06 feet to the southeast comer of Brookshire, Section 6-A as per plat thereof recorded in Plat Book 4,
page 169 in said Recorders Office (the following 6 courses are along the east and south lines of said plat); (1) thence
EXHIBIT A - Page 6 of 10 Pages
North 15 degrees 03 minutes 11 seconds East a distance of 536.31 feet; (2) thence North 20 degrees 36 minutes 18
seconds East a distance of 234.98 feet; (3) thence North 08 degrees 59 minutes 41 seconds East a distance of
233.12 feet; (4) thence North 16 degrees 18 minutes 15 seconds East a distance of 319.71 feet; (5) thence North 40
degrees 58 minutes 21 seconds East a distance of 442.15 feet; (6) thence South 89 degrees 28 minutes 47 seconds
East a distance of 174.93 feet to the west line of Brookshire Overlook, as per plat thereof recorded in Plat Book 7,
page 149, in said Recorders. Office; thence South 00 degrees 21 minutes 00 seconds West along the west line of
said Brookshire Overlook a distance of 39.53 feet to the northeast comer of a.tract of land described in Instrument #
92-42627 (the following four (4) courses are along the north, west; south and west lines of said tract); (1)thence North
89 degrees 39 minutes 00 seconds West a distance of 3.66 feet; (2)thence South 00 degrees 20 minutes 30 seconds
West a distance of 85.19 feet; (3) thence South 71 degrees 59 minutes 30 seconds East a distance of 74.75 feet; (4)
thence North 20 degrees 13 minutes 00 seconds East a distance of 12.20 feet to a south line of said Brookshire
Overlook (the following five (5) courses are along the south and west lines of said Brookshire Overlook); (1) thence
South 69 degrees 47 minutes 00 seconds East a distance of 39.79 feet; (2) thence South 16 degrees 28 minutes 15
seconds West a, distance of 200.00 feet; (3) thence South 73 degrees 31 minutes 45 seconds East a distance of
45.06 feet; (4) thence North 47 degrees 03 minutes 12 seconds East a distance of 220.37 feet; (5) thence North 36
degrees 41 minutes 00 seconds East a distance of 165.00 feet to the southwest comer of a tract of land described in
Deed Book 238, page 272, in said Recorders Office; thence North 45 degrees 21 minutes 00 seconds East along the
south line of said tract of land a distance of 176.78 feet to the southeast corner thereof; thence North 00 degrees 18
minutes 08 seconds East along the east line of said tract of land a distance of 165.40 feet to the north line of the
Northeast quarter of said Section 32; thence South 89 degrees 40 minutes 30, seconds. East along said North line a
distance of 259.24 feet to the northwest comer of Brookshire, First Section, as per plat thereof recorded in Plat Book
3, page 108 in said Recorders Office (the following six (6) courses are along the west lines of said Brookshire, First
Section); (1) thence South 32 degrees 39 minutes 25 seconds East a distance of 216.11 feet; (2) thence South 32
degrees 48 minutes 50 seconds West a distance of 217.27 feet; (3) thence South 21 degrees 35 minutes 45 seconds
West a distance of 285.20 feet; (4) thence South 47 degrees 05 minutes 10 seconds West a distance of 250.09 feet;
(5) thence South 32 degrees 49 minutes 05 seconds West a distance of 417.41 feet; (6) thence South 38 degrees 59
minutes 05 seconds West a distance of 289.36 feet to the northerly corner of Brookshire, Third Section, as per plat
thereof recorded in Plat Book 3, page 145, in said Recorders Office (the following 11 courses are along the north,
west, south and east lines of said Brookshire, Third Section); (1) thence South 80 degrees 38 minutes 19 seconds
West a distance of 185.1 Tfeet; (2) thence South 17 degrees 00 minutes 25,seconds West a distance of 515.96 feet;
(3) thence South 41 degrees 18 minutes 52 seconds West'a distance of 199.86 feet; (4) thence South 10 degrees 21
minutes 53 seconds West a distance of 329.89 feet; (5) thence South 06 degrees 09 minutes 35 seconds East a
distance of 361.87 feet; (6) thence South 32 degrees 09 minutes 35 seconds East a distance of 366.57 feet; (7)
thence North 70 degrees 38 minutes 25 seconds East a distance of 136.45 feet; (8) thence North 43 degrees'28
minutes 10 seconds East a distance of 586.00 feet; (9) thence North 06 degrees 09 minutes 35 seconds West a
distance of 231.76 feet; (10) thence North 45 degrees 00 minutes 25 seconds East a distance of 315.00 feet; (11)
thence North 60 degrees 45 minutes 45 seconds East a distance of 152.30 feet to the westerly line of Brookshire,
Second Section, as per plat thereof recorded in Plat Book 3, page 116, in said Recorders Office (the following nine
(9) courses are along the westerly lines of said Brookshire Second Section); (1) thence South 08 degrees 34 minutes
31 seconds East a distance of 235.97 feet; (2) thence North 62 degrees 49 minutes 24 seconds East a distance of
170.00 feet to a point on a non-tangent curve to the left, having a radius of 330.00 feet, the radius point of which
bears North 62 degrees 49 minutes 24 seconds East; (3) thence southeasterly along said curve an arc distance of
131.64 feet, to a point which bears South 39 degrees 58 minutes 04 seconds West from said radius point; (4) thence
South 50 degrees 01 minutes 56 seconds East a distance of 268.33 feet; (5) thence South 39 degrees 58 minutes 04
seconds West a distance of 150.00 feet; (6) thence South 41 degrees 50 minutes 27 seconds East a distance of
93.23 feet; (7) thence South 11 degrees 05 minutes 32 seconds fast a distance of"138.55 feet; (8) thence South 29
degrees 58 minutes 04 seconds West a distance of 312.18 feet; (9) thence South 04 degrees 56 minutes 38 seconds
East a distance of 486.70 feet to the northerly line of Brookshire, Section Five, as per plat thereof recorded in Plat
EXHIBIT A - Page 7 of 10 Pages
Book 4, pages 117-118 in said Recorders Office (the following seven (7) courses are along the north, west and south
lines of said Brookshire, Section Five); (1) thence South 89 degrees 54 minutes 54 seconds West a distance of
431.25 feet; (2) thence South 24 degrees 21 minutes 56 seconds West a distance.of 144.78 feet; (3) thence South
12 degrees 55 minutes 01 seconds West a distance of 236.59 feet; (4) thence South 44 degrees 58 minutes 59
seconds East a distance of 196.32 feet; (5) thence South 55 degrees 24 minutes 48 seconds East a distance of
375.39 feet; (6) thence South 76 degrees 12 minutes 34 seconds East a distance of 350.12 feet; (7) thence South 86
degrees 40 minutes 39 seconds East a distance of 770.00 feet to the west comer of a tract of land described in Book
145, page 482 in said Recorder's Office; thence North 86 degrees 38 minutes 24 seconds East along the south line
of said tract a distance of 150.78 feet to the south corner of a tract of land described in Book 145, page 483 in said
Recorders Office; thence North 71 degrees 42 minutes 35 seconds East a distance of 75.27 feet along the south line
of said tract to the south line of said Brookshire Section Five; thence North 57 degrees 45 minutes 41 seconds East
along said south line a distance of 279.81 feet; thence North 89 degrees 50 minutes 07 seconds East along said
south line a distance of 207.80 feet to the west right-of-way line of Gray Road per Board of Commissioners Bridge
Project #139 (the following 6 courses are along said right-of-way line); (1) thence South 00 degrees 09 minutes 42
seconds East a distance of 401.59 feet; (2) thence South 12 degrees 14 minutes 45 seconds West a distance of
102.39 feet; (3) thence South 00 degrees 09 minutes 42 seconds East a distance of 150.00 feet; (4) thence South 19
degrees 33 minutes 15 seconds East a distance of 53.01 feet; (5) thence South 07 degrees 21 minutes 54 seconds
West a distance of 101.96 feet; (6) thence South 09 degrees 40 minutes 09 seconds East a distance of 207.97 feet
to the northerly right-of-way line of East 116th Street (the following 5 courses are along said northerly right-of-way
line); (1) thence South 61 degrees 37 minutes 56 seconds West a.distance of 62.66 feet; (2) thence South 84
degrees 45 minutes 22 seconds West a distance of 55.24 feet; (3) thence North 89 degrees 54 minutes 34 seconds
West a distance of 675.00 feet; (4) thence South 70 degrees 10 minutes 49 seconds West a distance of 53.18 feet;
(5) thence South 00 degrees 05 minutes 56 seconds West a distance of 19.36 feet to the point of beginning,
containing 123.80 acres more or less.
EXCEPT:
(Instrument No. 2005-11169)
A part of the Northeast Quarter of Section 32, Township 18 North, Range 4 East, in Hamilton County, Indiana, being
more particularly described as follows:
Commencing at the northwest comer of Lot 111 in. Brookshire, Third Section, as recorded in Book 3, Page 145, in the
Office of the Recorder of Hamilton County, Indiana; said northwest comer being North 89 degrees 35 minutes 38
seconds East from a brass plug found in the centedine of Windsor Drive; thence South 88 degrees 22 minutes 40
seconds East (plat bearing) along the north line thereof a distance of 141.77 feet to the northeast comer of said Lot
111; thence North 78 degrees 54 minutes and 21 seconds East a distance of 75.11 feet to the comer of an existing
fence and the Point of Beginning; thence North 40 degrees 16 minutes 59 seconds East along said fence a distance
of 78.84 feet; thence North 49 degrees 54 minutes 31 seconds West a distance of "12.48 feet; thence North 40
degrees 32 minutes 18 seconds East a distance of 22.44 feet; thence South 50 degrees 42 minutes 16.seconds East
a distance of 21.08 feet; thence South 41 degrees 39 minutes 28 seconds West a distance of 10.56 feet to an
existing fence; thence South 49 degrees 46 minutes 01 seconds East along said fence and exterior wall of an
existing building a distance of 132.34 feet, the following 3 courses are along said exterior of an existing building; (1)
thence South 40 degrees 10 minutes 16 seconds West a distance of 1.40 feet; (2) thence North 49 degrees 49
minutes 44 seconds West a distance of 1.32 feet; (3) thence. South 40 degrees 10 minutes 16 seconds West a
distance of 33.50 feet to an existing party wall; thence Nort h 49 degrees 49 minutes 44 seconds West along said
party wall a distance of 30.20 feet to the exterior wall of said existing building, the. following 3 courses are along said
exterior wall; (1) thence South 40 degrees 10 minutes 16 seconds West a distance of 37.39 feet; (2) thence North 49
degrees 49 minutes 44 seconds West a distance of 15.86 feet; (3) thence South 40 degrees 18 minutes 22 seconds
West a distance of 18.04 feet to an existing fence line; thence North 50 degrees 10 minutes 32 seconds West along
EXHIBIT A - Page 8 of 10 Pages
said fence a distance of 7.81 feet; thence South 39 degrees 34 minutes 40 seconds West a distance of 6.00 feet;
thence North 50 degrees 10 minutes 32 seconds West a distance of 5.50 feet;.thence North 39 degrees 34 minutes
40 seconds East a distance of 6.0-0 feet to said existing fence; thence North 50 degrees 10 minutes 32 seconds West
along said fence a distance of 80.23 feet to the Point of Beginning. Containing 0.254 acres, more or less.
ALSO EXCEPT:
A part of Section 32, Township 18 North, Range 4 East, in Hamilton County; Indiana, being described as follows:
Commencing at the southeast comer of the Southeast Quarter of said Section; thence North 89 degrees 46 minutes
50 seconds West along the south line thereof a distance of 1321.87 feet to the southwest corner of the Southeast
Quarter of said Southeast Quarter; thence North 00 degrees 07 minutes 27 seconds West along the west line of said
Quarter Quarter Section a distance of 307.40 feet to the southwest corner-of a tract of land described in Instrument #
91-2483 in the Office of the Recorder, in Hamilton County, Indiana (the following three (3) courses being along the
south, east and north lines of said tract of land); (1) thence North 67 degrees 29 minutes 53 seconds East a distance
of 287.53 feet; (2) thence North 00 degrees 07 minutes 27 seconds West parallel with aforesaid westline a distance
of 146.58 feet; (3) thence North 84 degrees 07 minutes 37 seconds West a distance of 267.34 feet to the northeast
corner of a tract of land described in Instrument # 98-9851709 in of said Recorder's Office; thence North 89 degrees
10 minutes 45 seconds West a distance of 440.80 feet to the east line of Brooks Manor as per plat thereof' recorded
in Plat Book 15, pages 88-89 in said Recorders Office; thence North 00 degrees 43 minutes 30 seconds West along
said east line a distance of 4.43 feet to the northeast corner of said Brooks Manor; thence South 89 degrees 47
minutes 13 seconds West along the north line of said Brooks Manor a distance of 222.70 feet to the east line of Briar
Cove Estates as per plat thereof recorded in Plat Book 6, pages 79-80 in said Recorders Office; thence North 00
degrees 23 minutes 01 seconds West along the east line of said Briar Cove Estates a distance of 98:59 feet; thence
North 73 degrees 38 minutes 15 seconds West along the north line of said Briar Cove Estates a distance of 341.70
feet to the northeast comer of Williams Ridge as per plat thereof, recorded as Instrument # 2002-83530 in said
Recorders Office; thence North 72 degrees 45 minutes 44 seconds West along the north line of said Williams Ridge
a distance of 345.86 feet to the west line of the Southeast Quarter of said Section; thence North 00 degrees 06
minutes 48 seconds West along said line a distance of 690.00 feet to the northeast corner of Bradford Place as per
plat thereof recorded in Plat Book 12, page 79 in said Recorders Office; thence North 16 degrees 09 minutes 40
seconds West a distance of 129.22 feet to the Point of Beginning; thence North 37 degrees 16 minutes 36 seconds
West a distance of 65.00 feet; thence North 52 degrees 43 minutes 24 seconds East a distance of 20.00 feet; thence
South 37.degrees 15 minutes 36 seconds East a distance of 65.00 feet; thence South 52 degrees 43 minutes 24
seconds West a distance of 20.00 feet to the Point of Beginning. Containing 1,300 square feet, more or less.
ALSO EXCEPT:
An access and utility easement over the following real estate, as created in the Special Warranty Deed dated
December 26, 2006, recorded as Instrument Number 2007013046 in the office of the Hamilton County Recorder:
A part of Section 32, Township 18 North, Range 4'East, in Hamilton County, Indiana„being described as follows:
EXHIBIT A - Page 9 of 10 Pages
Commencing at the southeast corner of the Southeast Quarter of said Section; thence North 89 degrees 46 minutes
50 seconds West (assumed basis of bearings) along the south line thereof a distance of 1321.87 feet to the
southwest corner of the Southeast Quarter of said Southeast Quarter; thence North 00 degrees 07 minutes 27
seconds West along the west line of said Quarter Quarter Section a distance of 307.40 feet to the southwest comer
of a tract of land described in Instrument # 91-2483 in the Office of the Recorder, in Hamilton County, Indiana (the
following three (3) courses being along the south, east and north lines of said tract of land); (1) thence North 67
degrees 29 minutes.53 seconds East a distance of 287.53 feet; (2) thence North 00 degrees 07 minutes 27 seconds
West parallel with aforesaid west line a distance of 146.58 feet; (3) thence North 84 degrees 07 minutes 37 seconds
West a distance of 267.34 feet to the northeast corner of a tract of land described in Instrument # 98-9851709 in said
Recorder's Office; thence North 89 degrees 10 minutes 45 seconds West a distance of 440.80 feet to the east line of
Brooks Manor as per plat thereof recorded in Plat Book 15, pages,88-89 in said Recorder's Office; thence North 00
degrees 43 minutes 30 seconds West along said east line.a distance of 4.43 feet to the northeast comer of said
Brooks Manor; thence South 89 degrees 47 minutes 13 seconds West along the north line of said Brooks Manor a
distance of 222.70 feet to the east line of Briar Cove Estates as per plat thereof recorded in Plat Book 6, pages 79-80
in said Recorders Office; thence North 00 degrees 23 minutes 01 seconds West along the east line of said Briar
Cove Estates a distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West along thenorth line of
said Briar Cove Estates a distance of 341.70 feet to the northeast comer of Williams Ridge as per plat thereof,
recorded as Instrument # 2002-83530 in said Recorder's Office; thence North 72 degrees 45 minutes 44 seconds
West along the north line of said Williams Ridge a distance of 345.86 feet to the west line of the Southeast Quarter of
said Section; thence North 00 degrees 06 minutes 48 seconds West along said line a distance of 690.00 feet to the
northeast corner of Bradford Place as per plat thereof recorded in Plat Book 12, page 79 in said Recorder's Office;
thence North 16 degrees 09 minutes 40 seconds West a distance of-129.22 feet; thence North 37 degrees 16
minutes 36 seconds West a distance of 65.00 feet; thence North 52 degrees 43 minutes 24 seconds East a distance
of 20.00 feet to the Point of Beginning; thence North 00 degrees 00 minutes 00 seconds East a distance of 50.50
feet; thence South 90 degrees 00 minutes 00 seconds West a distance of 20.00 feet; thence North 00 degrees 00
minutes 00 seconds East a distance of 20.00 feet; thence North 90 degrees 00 minutes 00 seconds East a distance
of 20.00 feet; thence North 50 degrees 36 minutes 20 seconds East a distance of 287.46 feet; thence North 38
degrees 50 minutes 41 seconds East a distance of 89.09 feet; thence North 30 degrees 38 minutes 02 seconds East
a distance of 290.16 feet; thence North 33 degrees 10 minutes 41 seconds East a distance of 170.08 feet; thence
North 27 degrees 00 minutes 14 seconds East a distance of 209.27 feet; thence North 38 degrees 56 minutes 17
seconds East a distance of 435.01 feet to a point on a non-tangent curve to the left with a radius of 330.00 feet, the
radius point of which bears North 47 degrees 28 minutes 13 seconds East; thence southeasterly along said curve a
distance of 20.14 feet to a point which bears South 43 degrees 58 minutes 25 seconds West from said radius point,
said curve also being on the southerly right-of-way line of Brookshire Parkway per the plat of Brookshire, Second
Section, on file in said Recorder's Office in Plat Book 3, Page 116; thence South 38 degrees 56 minutes 17 seconds
West a distance of 430.54 feet; thence South 27 degrees 00 minutes 14 seconds West a distance of 208.26 feet;
thence South 33 degrees 10 minutes 41 seconds West a distance of 170.71 feet; thence South 30 degrees 38
minutes 02 seconds West a distance of 291.15 feet; thence South 38 degrees 50 minutes 41 seconds West a
distance of 92.59 feet; thence South 50 degrees 36 minutes-20 seconds West.a distance of 280.07 feet; thence
South 00 degrees 00 minutes 00 seconds Westa distance of 46,04 feet; thence South 37 degrees 16 minutes 36
seconds East a distance of 19.82 feet; thence South 52 degrees 43 minutes 24 seconds West a distance of 25.00
feet; thence North 37 degrees 16 minutes 36 seconds West a distance of 20.00 feet to the Point of Beginning.
Containing 31,706 square feet, more or less.
EXHIBIT A - Page 10 of 10 Pages