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Home My WebLink AboutHazel Dell - Spring Creek Owners Association -1iI c ��;c+ oeror 1Ye APPROVE AS To 0 6 FORM BY: SO' IA, W 1 Instrument WARRANTY DEED 9809828530 THIS INDENTURE WITNESSETH, That Spring Creek Property Owners Association, Inc. "Grantor a corporation organized and existing under the laws of the State of Indiana, does hereby convey and warrant to the City of Carmel, Indiana "Grantee for and in consideration of Two Thousand Seven Hundred Twenty Dollars ($2,720.00), the receipt whereof is hereby acknowledged, the following described real estate in Hamilton County in the State of Indiana: A part of block "A" in Spring Creek, Section One in the City of Carmel, the plat of which is recorded as instrument No. 9500686 P.C. 1 Slide No. 519, in the office of the Recorder of Hamilton County, Indiana, described as follows "Parcel No. 24A Beginning at the northwest corner of said block; thence North 89 degrees 48 minutes 11 seconds East (assumed bearing) 5.00 feet along the north line of said block; thence South 0 degrees 05 minutes 47 seconds East 148.27 feet to the north boundary of Rippling Brook Way; thence South 89 degrees 54 minutes 07 seconds West 5.00 feet along the north boundary of said Rippling Brook Way to the east boundary of Hazel Dell Road; thence North 0 degrees 05 minutes 47 seconds West 148.26 feet along the east boundary of said Hazel Dell Road to the point of beginning, and containing 0.017 acres, more or less. Also, an easement in and to the following described real estate "Parcel No. 24B A part of block "C" in Spring Creek, Section One in the City of Carmel, the plat of which is recorded as instrument No. 9500686 P.C. 1 Slide No. 519, in the office of the Recorder of Hamilton County, Indiana, described as follows: Beginning on the south line of said block at a point 5.00 feet East from the southwest corner of said block; thence North 0 degrees 05 minutes 47 seconds West (assumed bearing) 338.61 feet to the south boundary of Rippling Brook Way; thence North 89 degrees 54 minutes 07 seconds East 25.00 feet along the south boundary of said Rippling Brook Way; thence South 0 degrees 05 minutes 47 seconds East 338.61 feet to the south line of said block; thence South 89 degrees 54 minutes 07 seconds West 25.00 feet along said south line to the point of beginning, and containing 0.194 acres, more or less, for landscape and drainage easement, upon the terms and conditions set forth below for the Easement Parcels. Also, an easement in and to the following described real estate "Parcel No. 24C A part of block "A" in Spring Creek, Section One in the City of Carmel, the plat of which is recorded as instrument No. 9500686 P.C. 1 Slide No. 519, in the office of the Recorder of Hamilton County, Indiana, described as follows: Beginning on the north line of said block at a point 5.00 feet East from the northwest corner of said block; thence North 89 degrees 48 minutes 11 seconds East (assumed bearing) 25.00 feet along the north line of said block; thence South 0 degrees 05 minutes 47 seconds East 148.31 feet to the north boundary of Rippling Brook Way; thence South 89 degrees 54 minutes 07 seconds West 25.00 feet along the north boundary of said Rippling Brook Way; thence North 0 degrees 05 minutes 47 seconds West 148.27 feet to the point of beginning, and containing 0.085 acres, more or less, for landscape and drainage easement, upon the terms and conditions set forth below for the Easement Parcels. =o3 nom D7 DD■•07 7D3�L m ■n Exempt c� 1 -4 n mr» o-nc mconzo c.n fAXATiON ci 1 .Dl� 0 No Indiana Gross Taxes Due to final acceptance for transfer `o m o oa r O�,� 19 c o z n r1. V 11y of 1 I -i o D 1 b Auditor Q, I a n Ilamii,ua County L, J GJ 3 I_ L... p II -fo' r D 2a 070-01 001,000 L' D a D a -4 TERMS AND CONDITIONS FOR EASEMENT PARCELS: 1. Grantor expressly reserves to itself, and its grantees, successors and assigns, and others to whom Grantor may grant rights or easements, the right to use the Easement Parcels (Parcels 24B and 24C described above) for any and all purposes and uses not inconsistent with the foregoing grant to Grantee, including without limitation the right to install, use, maintain, repair and replace pipes, tiles, sewers, wires, conduits and other utility services, facilities and equipment in, along, or under the Easement Parcels, provided that no permanent buildings or fences will be located on or over said Easement Parcels. 2. Grantee shall be responsible at its cost and expense to install, maintain and repair the landscaping and drainage facilities located on or installed in the Easement Parcels. Such landscaping facilities shall be installed pursuant to Grantee's landscaping plans (see attached Exhibit "A Grantee shall, and hereby agrees to indemnify and hold Grantor free and harmless of, and defend Grantor against any loss, cost, damage and expense and any claims, demands, actions, causes of action, judgments, litigation and proceedings of all kinds in connection therewith (including, without limitation, personal injury and property damage claims). 3. These easements are subject to Grantor's improvements, including but not limited to a guardhouse, signage, utilities, storm sewers, curbing, wiring, landscaping and irrigation system located in the Easement Parcels "Grantor Improvements In the event that Grantee's highway improvements or its installation of landscaping and drainage facilities interferes with the Grantor Improvements, Grantee shall be responsible, at its cost and expense, to move and replace the Grantor Improvements to as good or better position, subject to Grantor's reasonable approval, and in as good or better condition as the same existed prior to Grantee's work. 4. All of the terms and provisions of this instrument shall be binding upon and shall inure to the benefit of Grantor and Grantee and their respective grantees, heirs, successors and assigns and shall be and remain covenants running with the Easement Parcels. 5. If any of the terms, provisions, covenants, agreements, conditions, limitations, restrictions, reservations and exceptions contained in this instrument, or the application thereof to any person or circumstance, shall to any extent be determined by a court of competent jurisdiction of final appeal to be invalid or unenforceable, the remainder thereof, or the application thereof to persons or circumstances other than those as to which it is so determined to be invalid or unenforceable, shall not be affected thereby, and each term, provision, covenant, agreement, condition, limitation, restriction, reservation and exception contained in this instrument shall be valid and enforceable to the fullest extent permitted by law. Land and improvements $1,965.00, Damages $0.00, Temporary R/W $755.00: Total Consideration $2,720.00 It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all lands hereinbefore described (excepting any parcels specifically designated as easements or as temporary right of way) are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in Grantor. IN WITNESS WHEREOF, Grantor has executed this Warranty Deed as of the 4 day of Apc i 1998. GRANTOR: SPRING CREEK PROPERTY OWNERS ASSOCIATION, INC. By Printed SQhec R 1.4.11240n Title VC.e5laevt,k STATE OF INDIANA SS: COUNTY OF Hamilton Before me, a Notary Public in and for said County and State, personally appeared James R. Langston President of Spring Creek Property Owners Association, Inc., Grantor in the above conveyance, to me known to be an officer of such corporation and who executed the same, and acknowledged to me that being duly authorized he /she /they executed the foregoing Warranty Deed for and on behalf of Spring Creek Property Owners Association, Inc. for the uses and purposes herein mentioned. Witness my hand and Notarial Seal this 6th day of April 1998. My Commission Expires: Signature 9-22-01 Printed Barbara L. Metskej l Notary Public 7 Residing in Hamilton County, State of Indiana ACCEPTANCE BY GRANTEE: BOARD OF PUBLIC WORKS AND SAFETY CARMEL, INDIANA 1.9 es C Brain. d Mayor M nn e' 0 ,114 .7 e ll Billy LiWalker A ST: Diana L. Cordray Clerk Treasurer of the City of el ACKNOWLEDGMENT STATE OF INDIANA SS: COUNTY OF 2 Before me, a Notary Public in and for said County and State, personally appeared Mayor James C. Brainard, Mary Ann Burke, and Billy L. Walker, Members of the Board of Public Works and Safety of the City of Carmel, and acknowledged the acceptance of the foregoing Warranty Deed, including the landscape and drainage easements granted therein. Witness my hand and Notarial Seal this day of ,7) 199g My Commission Expires: Signature .r/tp C n y 4 5 -6° Printed !7('P C, /4)( ice.... Notary Public Residing in /'h, v,, /f ,,n County, State of Indiana This instrument was prepared by John R Molitor, Attorney at Law, 11711 North Meridian Street, Suite 200, Carmel, Indiana 46032.