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Plum Creek Golf Property Trade*Mar, 24. 2008 9:40AM H' Jlton Title DULY ENTEREC ., 1 TAXATION Subject to final acceptance for transfer qday of »tt,PJ- , 20a £o1,rs. 2 tj»uiPm Auditor of Hamilton county Parcel # No. 6626 P. 2 20, £4805 WRRR DEED $22.00 03/-44/2008 08155:57A 4 PCS Jennifer J Hayden HAMILTON Recorded County orded as Presented IN ed LIMITED WARRANTY DEED (Part of Tax Parcel No. 16-10-27-00-07-001.000) V THIS INDENTURE WITNESSETH, That PLUM CREEK GOLF COURSE LLC, an Indiana limited liability company ("Grantor"), BARGAINS, SELLS AND CONVEYS to THE CITY OF CARMEL, INDIANA ("Grantee"), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, Indiana, as more specifically described on Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"), subject only to those matters more specifically described on Exhibit B, which is attached hereto and incorporated herein by reference. The warranty of title by Grantor is limited to a warranty against the acts of Grantor and those claiming by, through or under Grantor during or in respect of Grantor's period of ownership of the Real Estate and not otherwise. The undersigned person executing this Limited Warranty Deed on behalf of Grantor represents and certifies that he has been fully empowered to execute and deliver this Limited Warranty Deed, that Grantor has full capacity to convey its interest in the Real Estate, 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 this /5`' 'day of March, 2008. 1033780_1.DOC PLUM CREEK GOLF COURSE LLC By, Browning Investments, Inc., its Manager B• Tames W. Brro g, Went t.Mar.24. 2008 9:40AM H=milton Title No. 6626 P. 3 STATE OP INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State personally appeared James W. Browning, by me known and by me known to be the Vice President of Browning Investments the Manager of Plum Creek Golf Course LLC, an Indiana limited liability company, and acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf' of said limited liability company. WITNESS my hand and Notarial Seal this IA' day of March, 2008, rt My Commission Expires: My County of Residence: Printed Signature W Tham 8. sNotary Pubiic County of PT le Hamilton Commission OlExpires: 06/3D108 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. Tammy IC. Haney This instrument prepared by: Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite 300, Indianapolis, Indiana 46280. Grantee's mailing address is and send tax statements to: City of Cannel, Indiana, One Civic Square, Carmel, Indiana 46032. 1033780_1110C Nat. 24. 2008 9:41AM N-miIton Title i EXHIBIT A LAND DESCRIPTION No. 6626 P. 4 Part of the Secondary Plat of Plum Creek Golf Course, as per plat thereof, recorded as Instrument Number 96-8135 in Plat Cabinet 1, Slide 665 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: BEGINNING at the Northwest corner of Block A of Plum Creek Ridge, Section 2, as per plat thereof, recorded as Instrument Number 98-1905 in Plat Cabinet 2, Slide 65, recorded in said Recorder's Office; thence South 00 degrees 00 minthes 00 seconds East (bearings based upon said Plum Creek Golf Course) along the West line of said Block A and the East boundary of said Plum Creek Golf Course 283.98 feet to the Southwest comer of said Block A; thence North 90 degrees 00 minutes 00 seconds West 184.36 feet; thence North 64 degrees 09 minutes 51 seconds West 153,54 feet; thence North 00 degrees 00 minutes 00 seconds West 217.96 feet to the South right of way line of 131st Street; thence South 89 degrees 50 minutes 26 seconds East along said South right of way line 322.55 feet to the POINT OF BEGINNING, containing 2.000 acres, more or less. 1033780_1.DGC .Mar. 24. 2008 9:41AM N;mi1ton Title No.6626 P. 5 EXHIBIT B 1. Real estate taxes and assessments not yet delinquent. 2. Easements and building set -back lines as shown on the plat of Plum Creek Golf Course, as per plat thereof, recorded as Instrument Number 96-8135 in Plat Cabinet 1, Slide 665 in the Office of the Recorder of Hamilton County, Indiana. 3. Covenants, conditions and restrictions as set out on the plat of Plum Creek Golf Course, as per plat thereof, recorded as Instrument Number 96-8135 in Plat Cabinet 1, Wide 665 in the Office of the Recorder of Hamilton County, Indiana. 10337B0_I.DOC DULY ENTERED FOR TAXATION c Subject to final acceptance for transfer A• day of914/44- 20a 2008035514 WRRR DEED $24.00 7 07/08/2008 10:24:008 5 PGS ¢ p�� Jennifer J Hayden Znit.n. ,,,DL6�N Auditor of Hamilton County HRMILTON County Recorder IN Parcel # IV -0R -1 o 1P -0o-00-a1 Recorded as Presented d,a'LIMITED WARRANTY DEED J �, '' (Tax Parcel No. 16-09-26-00-00-001.001) THIS INDENTURE WITNESSETH, That THE CITY OF CARMEL, INDIANA ("Grantor"), BARGAINS, SELLS AND CONVEYS to MERIDIAN 131, LLC, an Indiana limited liability company ("Grantee"), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and. sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, Indiana, as more specifically described on Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"), subject only to those matters more specifically described on Exhibit B, which is attached hereto and incorporated herein by reference. The warranty of title by Grantor is limited to a warranty against the acts of Grantor and those claiming by, through or under Grantor during or in respect of Grantor's period of ownership of the Real Estate and not otherwise. The undersigned person executing this Limited Warranty Deed on behalf of Grantor represents and certifies that he has been fully empowered to execute and deliver this Limited Warranty Deed, that Grantor has full capacity to convey its interest in the Real Estate, 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 this 14th day of March, 2008. THE CITY OF CARMEL, INDIANA By: 1034311 I.DOC 4(17 cc—J-32 Steve Engelking, Authorized Abent and Director of Administration, City of Carmel STATE OF INDIANA SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State personally appeared Steve Engelking, by me known and by me known to be an Authorized Agent and Director of Administration for The City of Carmel, Indiana, and acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of The City of Carmel, Indiana. WITNESS my hand and Notarial Seal this 14'h day of March, 2008. I Commission Expires: SWI? MyUt f ncc: Notary Public *2atacu /2 Printed Sigl ure ., 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. Tammy K. Haney This instrument prepared by: Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite 300, Indianapolis, Indiana 46280. Grantee's mailing address is and send tax statements to: Meridian 131, LLC, 6100 W. 96'h Street, Suite 250, Indianapolis, Indiana 46278. 1034311_1DOC File No.: 2071535 EXHIBIT A Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast confer of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point, containing 4.066 acres, more or less. Less the following described Right -of -Way Parcel: Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: BEGINNING at the Southeast comer of the Northwest Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the East line of said Northwest Quarter 116.84 feet to a non -tangent curve to the left having a radius of 120.00 feet, the radius point of which bears South 12 degrees 00 minutes 59 seconds West; thence Westerly and Southwesterly along said curve 135.39 feet to a point which bears North 52 degrees 37 minutes 45 seconds West from said radius point; thence South 88 degrees 42 minutes 47 seconds West parallel with the South line of said Northwest Quarter 285.21 feet to the Eastern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST -F-222(9); thence South 54 degrees 32 minutes 19 seconds East along said Eastern Limited Access Right of Way 97.78 feet; thence South 01 degrees 17 minutes 13 seconds East 16.50 feet to the South line of said Northwest Quarter; thence North 88 degrees 42 minutes 47 seconds East along said South line 325.87 feet to the Point of Beginning, containing 0.710 acres, more or less. The above real estate is now more particularly described by survey certified December 17, 2007, by Eric C. White, Indiana Registered Land Surveyor, Cripe Project Number 060384-30300, as follows: Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East its Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast comer of the Northwest Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the East line of said Northwest Quarter 116.84 feet to the Point of Beginning; thence continuing North 00 degrees 09 minutes 11 seconds West along said East line 596.06 feet to the Eastern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST -F-222(9) and a non -tangent curve to the left having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 02 minutes 47 seconds East (the following two calls are along said Eastern Limited Access Right of Way; 1) thence Southwesterly along said curve 766.23 feet to a point which bears North 67 degrees 29 minutes 45 seconds West from said radius point; 2) thence South 54 degrees 32 minutes 19 seconds East 10.05 feet to the proposed North right of way of 131" Street (the following two courses are along said proposed North right of way); I) thence North 88 degrees 42 minutes 47 seconds East parallel with the South line of said Northwest Quarter 2852] feet to a non -tangent curve to the right having a radius of 120.00 feet, the radius point of which bears South 52 degrees 37 minutes 45 seconds East; thence Northeasterly and Easterly along said curve 135.39 feet to the Point of Beginning, which point bears North 12 degrees 00 minutes 59 seconds East from said radius point, containing 3.361 acres, more or less. EXHIBIT B 1. Real estate taxes and assessments not yet delinquent. 2. Easements for drainage ditches and tile drains. 3. Permanent extinguishment of all rights and easements of ingress and egress to, from and across the limited access facility (known as US 31) to and from the land as set out in an order in Hamilton Circuit Court as Cause No. C-71-247. 4. Easement in favor of Indiana Bell Telephone Company, Incorporated, set out in Agreed Judgment filed in Hamilton Superior Court Cause No. 1575-455 recorded June 16, 1981 in Miscellaneous Record 165, Page 489. 5. Assessments for J.R. Collins #I Legal Drain. 103431 I_I.DOC