Meadowlark ParkDEED
307
728
le 0'%
THIS INDENTURE WITNESSETH, That the City of Carmel, Indiana,
herewith deeds to the Hamilton County Park and Recreation Board
of Hamilton County in the State of Indiana as a gift the_follow-
ing described real estate in Hamilton County, in the State of
Indiana:
A part of the West Half of the Northeast Quarter of
Section 25, Township 18 North, Range 3 East in Hamil-
ton County, Indiana, being more particularly described
as follows:
From the Southeastcorner of said Half Quarter Section,
nm North 90 degrees West (assumed bearing), upon and
along the South line thereof, 912.5 feet; thence North
0 degrees, 53 minutes East and parallel to the East
line of said half quarter Section, 1,345.0 feet to THE
PLACE OF BEGINNING OF THIS DESCRIPTION; thence continu-
ing North 0 degrees, 53 minutes East, 53.9 feet; thence
North 15 degrees, 53 minutes East, 433.38 feet, thence
South 88 degrees, 50 minutes, 29 seconds East, 640.23
eet, thence South 0.degrees, .53 minutes West,and paral-
lel to the East line of said half quarter Section, 370.43
feet; thence South 40 degrees,..53 minutes West, 158.86
feet; thence North 90 degrees• West and parallel to the
South line of said half quarter Section, 474.33feet;
thence North. 0 degrees, 53 minutes East, 32.71. feet;
thence North 90 degrees West and parallel to the South
line of said half quarter Section, 176.02 feet to the
place of beginning; containing in.all, 7..79 acres, more
or less, being subject, however,to a 30 foot Drainage
and Utility Easement off the entire Northerly,. Easterly.
and. Southerly sides thereof; subject, also, to a 40 foot
Drainage and Utility Easement off the entire Westerly_
side of the within described real estate; subject furth-
er to any other legal easements,rights-of-way or restric-
tions of record and to all taxes now or hereafter becom-
ing a lien onsaid real estate.
No Indiana Gross Income Tax is due or payable on this gift
transfer to the Hamilton County Park. and Recreation Board:
The undersigned persons executing this deed on behalf of.
the City of Cannel represent and certify thatthey are the duly
elected Mayor and Clerk -Treasurer, respectively, of said. City
and have been fully :Empowered by an Ordinance of the City of
Carmel to execute and deliver this deed; that the City of Carmel
has full corporate capacity to convey therealestate described
6 073
cauh iY,'uNO.
DULY RED}F.O6R TAXATION
%b' - day /(1Le''"ti--,J 19 51
Q
uditor
Haailten County
herein.
IN WITNESS WHEREOF, the said
04,9
deed to be executed this
19 7ap.
7 729
City of Carmel hascausedthis
day of /',
City of Carmel, Indiana by:
Albert B. Pickett
Mayor of the City of Carmel
Peggy Lou Sm
Clerk -Treasurer of the City of Carmel
STATE OF INDIANA )
5S:
COUNTY OF HAMILTON)
Before me, a Notary Public in and for
personally appeared Albert B. Pickett and Peggy Lou Smith, Mayor
and.Clerk-Treasurer, respectively, of City of Carmel, Indiana,
who acknowledged the execution of the foregoing Deed for and on
behalf of said City, and who, have been duly -sworn, stated that
the representations therein contained are true.
RECEIVED Ft11 kr"“::
AT / 0 O'CACA? M
OCT 1 h 1978
PAGt
s.wrsa�r,ewd.�`
said County. and State,.
Witness my hand and Notarial Seas this
, 19 '7R
My Commission Expires:
, za1, /979
Signature
Printed
day of
Tt2.prie772 L. MOrr6P
Notary Public
1978
U0i"diY. Hd9.
JUNE .01 �_.... _.._
This instrument prepared by
This instrument was prepared by: OWEN 5. KERN, ATTORNEY
4701 N. Fran):din Road
Indianapolis, Indiana
9223.369
QUITCLAIM DEED
THIS INDENTURE WITNESSETH, That Hamilton County Park and Recreation Board
(•Grantor•) of Hamilton County in the State of Indiana, RELEASES AND QUITCLAIMS
to the Carmel Clay Board of Parks and Recreation of Hamilton County in this State
of Indiana, for the sum of One Dollar ($1.00) and other valuable consideration,
the receipt of which is hereby acknowledged, the following described real estate
in Hamilton County.Indiana:
A part et the Wast Half of the Northeast Quarter of Section
25. Township 18 North, Range 3 East in Hamilton County,
Indiana, being more particularly described as follows:
From the Southeast corner of said Half Quarter Section, rue
North 90 degrees West (assumed bearing, upon and along the
South line thereof, 912.5 feet; thence North 0 degrees 53
minutes East and parallel to the East line of said half
quarter Section. 1,345.0 feet to THE PLACE OF BEGINNING OF
THIS DESCRIPTION: thence continuing North 0 degrees, 53
minutes East, 53.9 feet; thence North 15 degrees, 53 minutes
East, 433.38 feet. thence South 88 degrees, 50 minutes, 29
seconds East. 640.23 feet, thence South 9 degrees, 53 minutes
West, and parallel to the East line of said half quarter
Section, 37Q.43 feet; thence South 40 degrees, 53 minutes
West, 158.86 feet; thence North 90 degrees West and parallel
to the South line of said half quarter Section, 474.33 feet:
thence North 0 degrees, 53 minutes East, 32.71 feet; thence
North 90 degrees West and parallel to the South line of said
half quarter Section, 176.02 feet to the place of beginning:
containing in all, 7.79 acres, more or less. being subject,
however, to a-30 foot Drainage and Utility Easement off the
entire Northerly. Easterly and Southerly sides thereof:
subject. also, to a 40 foot Drainage and. Utility Easement off
the entire Weterly side ofthewithin described real estate;
subject further to any other legal easements, rights-of-way
or restrictions of record and to all taxes now or hereafter
becoming alien on said real estate. Thb M�smnem ReNcati nt- 9 - 1g➢2
$ IoaKOWIy. Rem.da rrtsiCgnOq arduna
The real estate described herein being conveyed to Grantee shall be held, and
this conveyance is made upon the following express conditions:
A. That the real estate to be conveyed shall be used by the Grantee
or its successors, for the purpose of erecting, operating and maintaining
a public park and recreational facility; and.
B. That the Grantee shall makenoconveyance of the real estate to
any person, firm or other entity, either public or private, governmental
or non-governmental, without the express written consent of the Grantor,
except that the Grantee maytransferor anter into the sale or lease of
such real estate to an Indiana not-for-profit corporation organized for
public, educational or charitable purposes and accordingly exempt from
federal income taxation under. Section 501(c)(3) of :the Internal Revenue
Code, as amended.
C. That the Grantee or its successors,and assigns, as permitted under
paragraph B hereof,.shall give notice of ali..proposed buildings, structures
or Improvements for the real estate described in' Exhibit 'A•. to.the
Hamilton County Parks and Recreation Board at least thirty (30) days in
advance of their erection or construction. c.
DULY ENTERI`D FOR TAXATION
to Beal emep for transfer
d� of 1922--
614
922'614 eica Auditor
Hamilton Croup
Quitclaim Deed Page 2.
GRANTEE AC,YNOWLEDGES THAT IN CASE OF ANY OF THE STATED CONDITIONS OR DEED
RESTRICTIONS SHALL eE VIOLATED, THEN AND IN THAT EVENT THE REAL ESTATE DESCRIBED
HEREIN SHALL REVERT BACK TD THE GRANTOR AS IF THIS CONVEYANCE HAD NOT BEEN WIDE.
This conveyance was approved by the Board of Hamilton County Commissioners
to open meeting on Qee.. /4. . , 1991, and by the Hamilton. County Council.
in open meeting on _ay. /3 , 1991.
IN WITNESS WHEREOF, the Grantor has executed this Deed, this _L day of
Qecer✓%) , 1991, and Grantee has executed this Deed as acknowledgment
of the restrictions. covenants and conditions stated herein.
Th*t nmwe Remes.+ -/ 9 igg2
ShoonKtleny, Recada: HetetaC lnp;ffdale
CARMEL CLAY BOARD OF PARKS AND HAMILTON COUNTY PARK AND RECREATION BOARD
RECREATION
By:
Prin
ATTEST:
Signature
Printed
STATE OF INDIANA
COUNTY OF HAMILTON
)
S5:
7 1 r.�O
By: - 4-el.ed/c,.T O/ LG 1J�j
Prtn e : Dan L pl- Own ker/v (-J
ATTEST:
Stgnatury StelA
Printed iLy„„x LRA/l:49,,,..
Before me, a Notary Public In and for said County and State, personally
appeared Donald. M. A.nle.✓y gad .msec A. ih//.»•r
the duly au of fT- zed representatives of the Hamilton County Park and Recre' " -"
who acknowledged the execution of the foregoing Quitclaim Deed, and who g
been duly sworn stated that any representations therein contained are
Witness my hand and Notarial Seal this /7 day of react ,,Z• 391.
My Commission Expires: - -. . Signature: ,A.(,ce,%.7 .1.�
9-07/-9,2 Printed Koh t 1 �1J
County of Residence: /24.5",.. -;./ed ve ••
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Notary Public In and for said County and State, personally •
appeared
the duly authorized representatives of the CarmTClay Board of Parks and
Recreation, who acknowledged the execution of the foregoing Quitclaim Deed, and
who, having been duly sworn stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this day of , 1991.
O
My Commission. Expires: Signature:
Printed .. .. -
County of Residence:
cn
THIS INSTRUatENT PREPARED BY: Robert F. Campbell, Attorney at Law. -o
7 hami.dl-2
122336 7
.r_
•
9555187
02
p" 4
c OR ;120.11:71,m95 OCT -6 FM 3: 21 1
OUTTCLATM DEED
THIS INDENTURE WITNESSETH, Pro -Med, Ltd., an Indiana Limited
Partnership ("Grantor"), of Hamilton County, State of Indiana, by
its Managing General Partner, Robert E. Hughes, Quitclaim(s) to
Carmel/Clay Board of Parks & Recreation, a municipal government
entity, ("Grantee"), of Hamilton County, in the State of Indiana
subject to the terms and conditions set out herein, for the sum
of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, the following described
real estate in Hamilton County, in the State of Indiana.
o_'nlSee Exhibit One (1) attached hereto and made a part hereof:
F 3 R
-=o he conveyance of the real estate described herein and
F- v 0 designated as Exhibit One (1) is madesubjectto the
ct r a following covenants, conditions and stipulations in favor of
a a � 0 the Grantor and any subsequent owners of certain property
r6eviously or currently helm the Grantor, and adjacant to
Pr
the Real Estate ("Adjacent Owners") as more particularly set
out in Exhibit Two (2) attached hereto and made a part
' :? hereof, the due observance of which by the Grantee and its
successors.and assigns is essential to the validity and
continuance of the conveyance contemplated by this Quitclaim
N Deed.
1. That the Real Estate be set apart, dedicated, treated and.
maintained by the proper governing authoritiesof the Grantee and
its successors and assigns,-. exclusively as a,public park and
recreation area for thebenefitof the general -public, and that
no building or other structure shall be erected or maintained on
the Real Estate inconsistent with its use as a public park and
recreation place, or which would significantly change the natural
appearance or landscape of the Real Estate: However, the above
restriction should not be interpreted to limit public park
structures such as picnic tables, benches, restrooms, or shelter
houses. Further, the Real Estate may not be used as an amusement
park.
2. That the Real Estate, nor any part thereof, shall ever be
sold, exchanged, or encumbered by the Grantee and its successors
tif
1
and assigns except to a political subdivision, County or
municipal entity in order to carry out the purposes and intent of
this Quitclaim Deed.
3. That the Grantee and its successors and assigns shall
properly maintain the Real Estate.
4. That the Peal Estate will be policed so as to prevent
depredation, vandalism, disorder and misbeha✓ior from occurring
therein or in the vicinity thereof.
5. That failure on the part of the Grantee, its successors or
assigns, to keep and observe any one or all of these covenants,
terms or conditionsshall entitle Grantor or a majority (based on
the amount of acreage owned) of any successor Adjacent Owner(s)
as described in Exhibit Two (2) at any time after such omission
or breach to first send notice of the alleged failure by
certified mail to the grantee or its successors and assigns, at
their municipal offices. The grantee, its successors and
assigns, shall then have one hundred twenty (120) days from
receipt of the notice to respond to the notice and to cure the
alleged failure. In the event, the grantee, its successors or
assigns, fail to respond or cure the alleged failure, the Grantor
or a majority of Adjacent Owner(s) may pursue any and all lawful
measures necessary to revoke the conveyance contemplated by this
deed and declare the conveyance forfeited, irrespective of the
period of time which had elapsed and then and thereupon the Real
Estate shall revert to Grantor or its successors or assigns, or,
at the election of the Grantor or a majority of the then Adjacent
Owner(s) to seek injunctive relief to enforce the covenants,
conditions, and terms stated herein.
6. That Grantor hereby further expressly reserves for itself and
any successor Adjacent Owner(s) and for the City of Carmel an
easement in over andupon the Real Estate in order to install and
maintain a drain system and'utility lines for such utilities as
may be located therein. now or hereafter, which easement has been
heretofore granted and is now in the possession and use. by the
City of Carmel or its subsidiaries or departments; said easement
now exists and isrecordedin Document Number 8615379, .thereafter
assigned, which assignment is dated ,1995 and is recorded
in Book_ , page , in the records in the Recorder's Office of
Hamilton County, Indiana. (A copy of which:are attached hereto
and incorporatedby reference as Exhibits Three (3) and Four (4)
respectively). Provided, however; the Adjacent Owner(s) shall
not have the right to construct or install any permanent or
temporary streets or roadways on the real estate or easement but
shall have the reasonable right of ingress and egress for foot
traffic to and upon -the" Real Estate for it or themselves and
their employees.
7. Subject to all zoning regulations and ordinances.
8. Subject to all covenants, easements, agreements, -reservations
and restrictions of record.
9. Subject to the Grantee immediately applying for and obtaining
an exemption from further real estate tax on said real estate.
10. Subject to a Wetlands Mitigation Agreement between the
Grantor and Regan/Lembert L.L.C. an Indiana Limited Liability
Company which Agreement is dated March 8th, 1995 and recorded as
Document No. 9514428 in the records of the Recorders Office of
Hamilton Co. Indiana and hereby incorporated by reference and
attached hereto as Exhibit Five (5).
11. All of the grants, covenants, terms, provisions and
conditions herein shall run withthe land and shall apply to,
bind and inure to the benefit of the successors and assigns of
the Grantor and successors and assigns of the Grantee.
12. That by signing below, the named individual swears or
affirms that he has authority to so sign, act, and bind on behalf
of Pro -Med, Ltd. an Indiana Limited Partnership, and its
Partners.
n IN WITNESS WHEREOF, Grantor has executed this deed this
-,t9t./2 day of,did%P7r.LcL-o , 1995.
-Med Ltd.
Limitnership, TOR,
by Robert E. Hughes,
Managing_General Partner
STATE OP CGc CA.,/'
COUNTY OF ,7jt
Sworn and subscribed -to before .e; a-notary:public, this
.49a! day of .9,/:67x/ i 1995.
Ss:
Ny Couission Expires:
/ 3/ iL•
PREPARED BY:
Pro -Ned Ltd., an Indiana
Litited Partnership, by
Robert E. Hughes
Managing General Partner
Scott A. Pinkie
BRAZILL, Br°1LCIE
47 S. Meridian /305
Indianapolis IN 46204
EL: 7tl'�
Printed
Residing in ,- ' .4 County
QUITCLAIM DEED
EXHIBIT 1°ONE't
Park S. La)ce Parcel Land Description
nah
PARK & LAKE PARCEL
LAND DESCRIPTION
Part of the Northeast Quarter and the Northwest Quarter of Section 25, Township 18
North, Range 3 East in Hamilton County, Indiana, described as follows:
Beginning at a point on the West line of said Northeast Quarter Section South 00 degrees
08 minutes 12 seconds East (asaumed bearing) 797.40 abet from thc Northeast corner
thereof; thence South 89 degrees 02 minutes 22 seconds East 506.22 feet along the South
line of Freeman (Deed Record 194, page 127) to art extension of the Westerly line of the
Hamilton County Park and Recreation Board (Deed Record 307, page 728); thence along
said er_tension and Westerly line South 14 degrees 46 minutes 36 seconds West 433.38
feel; thence South 00 degrees 13 minutes 24 seconds East 347.00 feet to a point 1051.90
feet North of the South line of said Northeast Quarter Section u meatured parallel with
the East line of the West Half of said Northeast Quarter Section; thence South 88 degrees
42 minutes 47 seconds West 777.30 feet to a point 925.00 feet East of the West line of the
Fast Half of said Northwest Quarter and 265.00 fa:et South of the North line of the
Southeast Quarter of the said Northwest Quarter; thence North 00 degrees 06 minutes 32
seconds West parallel with the West line o£the East Half of said Northwest Quarter
265.00 feet to the North line of the Southeast Quarter of sold Northwest Quarter; thence
North 68 degrees 03 minutes 51 seconds East 256.49 feet; thence North 16 degrees 27
minutes 52 seconds East 72.13 feat; thence North 53 degrees 39 minutes 23 seconds East
147.23 feet; thence North 06 degrees 32 minutes 38 seconds East 137,77 feet; thence
North 35 degrees 07 minutes 09 seconds West 57.66 feet; thence North 13 degrees 07
minutes 29 seconds East 93.15 feet to the place of beginning; containing 10.79 acres,
more or lest, and subject to all legal blghways, rights-of-way and easements:
EXHIBIT
ONE
Qu1IrcLAi?4 DEED
axnrnrr `•Talo••
Future Deve1pment Farce],
1.anc3 Oeatscriptiora
RECEIVE°
FUTURE DEVI:LOPMfINT I'ARCEL
LAND DESCRIPTION
Nnot the Northeast Quancr of the Northwest Quarter of Section 25. Township 18
Nara Range 3 East in Hamilton County, Indiana. described as follows:
Beginning at a point on the East lint of said Northwest Quancr Section $outh 00 dcgrccs
08 minutes 12 seconds East (assumed bearing) 777.80 feel front Ili, Northeast corncr
thcrcot; thence continuing airing said South line South 00 degrees O8 minutes 12 seconds
East 19.60 foci; thence South 10 degrees 42 minutes 23 seconds West 92.32 feet; thence
South 39 degrees 19 minutes 01 seconds East 56.39 feet (hence South 06 dcgrccs 09
minutes 02 seconds West 1 .1.99 feel; thence South 53 dcgrccs 39 minutes 23 seconds
West 150.43 feet; thence South 18 degrees 38 minutes 08 seconds West 68.06 feet; thence
South 68 degrees 29 miotics 46 seconds West 258.78 lit to a point on the South line of
said Quarter Section 925.30 feet from the Southwest corncr thereof; Ihcncc along
the South Zine of said Quarter Quarter Section South 88 degrees 44 minutes 03 seconds
West 394.71 feet; then: Norah 35 degrees 31 minutes 32 seconds East 512.22 feet to a
point or. a turn to the 'iglu having a radius of 300.00 feet, the radius point of said curve
bears Nash 67 degree! 15 minutes 21 seconds East from said point; thence Nonhwtsterly
- along said cane 118.37 feet 10 the point of tangcncy thereof, the radius point of said
curve bears North 89 dcgrccs 51 minutes 48 seconds Eos: from said point; thence North
00 degrees 08 minuti.s 12 seconds West 283.38 feet to the point of curvature of a cunt to
the ten having a radius of 25.00 feel, the radius point of said cunt bears South 89 dcgrccs
51 minutes 48 wends West from said point; thence Northerly and Westerly along said
curve 39.81 feet to the point of tangency thereof, the radius point of said cunt bears
South 1 degrees 2. minutes 55 seconds East from said point; thence South 88 degrees 38
minutes 05 seconds West 130.64 feet to the point of cunalute of a wont to the right
having a radius rf 300.00 feet, the radius point of said cunt bears North Ol dcgrccs 21
minutes 55 seconds West from said point; thcncc Westerly and -Northwesterly along said
curve 193.16 free to the point of tangency thereof, the radius point of said cunt bears
Norah 35 degrees 31 minutes 32 sennds Ease from said point; thcncc North 54 degree; 28
minutes 28 seconds Wes( 98.93 feet io the Southerly line of Old US I lighway 31; thcncc
along said Srrutherly line North 35 dcgrccs 31 minutes 32 seconds East 83.63 feet w the
point of curvature of curve to the righthaving a radius: of 2814.79 feel, :he ndih:s point
ofsaid curve bran South 54 dcgrccs 28 minutes 28 seernds East from said point; thcncc
Northeastrsly.along said curve 210.41 feet to a point or. the Southerly. right of way line of
Smokey.f ow Road (136th Street) per Warranty Dccd lothc State of Indiana, dated
October 7. 1971. the plans.for said road.as apart of the relocation ofU5 llighway 31
designr,cd as 1SHC Project ST -F-222(9), theradius point bears South.50 degrees 11
minutes 29 seconds East from said point:. said point also being on a non -tangent curve in
the rf,ht having aradius of 437.46 feet, the radius point of said tune bears South 38
degrees 19.minutes 10 seconds East from said prim; thence E_aslcrly along slid cunt
282.49 feet to a point (hal bears Nonhfll degrees 1') miotics I6 seconds West mom said
radius point; thence North 75 degrees12 ninnies 25 seconds Earl 96.34 feel along said
right of nay line;.thence perpendicular to the North liii of said Quarter Quarter Section
N3rth 01 degrees 21 minutes 55 seconds West 20 (8t feel In a point on the North line of
said Quaver Quarter Section; thence along said North line North 8R degrees 38 minuses
35 seconds East 165.99 Betio apoint 221.00 feel West of the Northeast corner of said
Quarter Quarlcr Section; thcncc parallel wilt the East line of saki Onancr Quarter Seelicn
South 00 degrees 08 minutes 12 Seconds East 21700 feel; thcncc parallel with the Nonli
•
line of said Quarter Quarter Section Nonh 88 dcgrccs 38 minutes 05 seconds Gast 37.00
feel; thcncc ponllcfdial said Fast lincSouth 00 dcgrccs 08 minutes 12 seconds East
560.80 feet:thence parallel with said Northline North 88 dcgrccs 38 minutes 05 seconds
East 184.00 feet to the place of beginning, containing 14.89 ac-cs• niche or less. and
is
subject to all legal c cmcnls, rights of way and cascliunlss
EXHIBIT
TWO
1
L
oriels
20.
IE Caner 1E 1/4 IN 1/4 —elk
Soctle, ZS. 7-11-11. 1144
/514;511561
KENSNGTON
PLACE
MIRE keventar PML
s warts
11140
S 101:13
32.32
$ Ifni
14.32
"717149791774717L'",.....el
ot2TC1Ca2IK DEED
E?CHZSIT "THREE"
Assicgnment and Transfer
of Easement
STATE OP INDIANA )
SS:
COUNTY OP HAMILTON ')
Before me, a Notary Public io and for [ha State of Indiana,
personally appeared Jane A. Reiman, Billy Walker, Fred Swift and
Dorothy J. Hancock, to me known and to me known to be officers of
the City of Carmel who acknowledged the execution of the
foregoinginstrument to be the voluntary act and deed of the city
and of themselves, as such officers, for and on behalf of said
city.
WITNESS my hand and Notarial Seal this LY. day
of J .'c. € 1986.
i:.'. ~r+OT9 i
G•1 \ p
i 0? 1 t�+I, i'�
'. rI y:' i�
liy•C i, on Expires:
1( iyfe
nqs ary uc c
Printed
Resident of ,UA'/•/m 7t.4JCounty.
t,torUyn L. Marlin
1 hmn!L'rn C -u.4y Naary •.
Ce r..mie:I:n Fxy'o, War. 4, IS S -
This instrument was preparedbyL.-Richard-Cohman, Hall, Render,
Killi, ', Heath 6 Lyman, P.C., Suite 1100, Dox 82064, One American
Square, Indianapolis, Indiana 46282. Telephone' (317) 633-4804.
- 3 -
IN.WITN3SS WHEREOF, the Assignee has caused this instrument
%tip duly executed this X day of
ATTEST
reret
, 19BS.
CITY OF CARMEL, INDIANA
By:
.7
By;
yor
Billy 'fniker, Member,
Board of Public Works
Fred Swt Ile r,
Board of Publsc Works
/
AL-CO%/i
Dorothy J.• dcodf
Clerk—Tretas ar, City of Carmel
i,' 17,•.
STATE OF :NDIANA )-
) Sat
COUNTY OP MARION )
Before ne, a Notary Public in and for .the State of Indiana,
personally appeared Bain J. Farris and `/. (,. /I/J (,((E( le(/. , . %
tO me known and to me known to be the President and-t�r'l!!,!!!J/(nIIS./fr/%%(��i•`
respectively, Of St. Vincent Hospital. and Health Care C.Mer,
Inc., who acknowledged the execution oftheforegoing instrument
to be the voluntary act and deed of -saidcorporation -and of
themselves, as such officers, for and On behalf of said
corporation.
WITNESS my hand and Notarial Sealthis/2•'day
Of `0 .....
`�/ 2t-ivi , 1966.
. «Pr 6. i/ (/ di.'Li/
NOG/fly Public
it rbit) F). ih,c (l
='€ SES Lit; - - Printed
.
Resident of pp, fi /A.' County.
itin
leycfmmiss ion Expires
r •�
bblb S/U "
ASSIONt1ENNT AND TRANSFER OF EASEMENT
This instrument witneasee that St. Vincent Hospital and
Health Care Canter, Inc. (hereinafter "the Assignor"), in
consideration of the sum of One Dollar (51.00) and for other
valuable considerations, the receipt of which the Assignor hereby
acknowledges, hereby assigns and transfers to the City of Carmel,
Indiana, (hereinafter "the Assignee") all those easements and
other rights that were heretofore acquired by the Assignor from
Pro -Med, Ltd., an Indiana Limited Partnership (hereinafter "the
Grantor") and are described in an instrument that is entitled
"Grant of Sewer Easement" which was executed by the Grantor under
4date of May 29, 1985, and was recorded in the office of the
Recorder of Camilton County, Indiana, as Instrument No. 85
on June 4, 1985. A copy of the Grant of Sewer Easement is
! attached hereto end marked as Exhibit "A" which by this reference
thereto is incorporated in and made a part of this instrument.
IN WITNESS WHEREOF, the Assignor has executed this instrument
on this 1.7, day of /J1r'n, 1986.
(ns Instmreont Recorded `'T. 07� 980
:rcnrdtr. (Hamilton County, tad.
ATTEST,
I ati� l(. /I(Ct.
Piineed ffff__..Fry(�.
Title Sen/rte 'Cr rrnt di ..Y
ST. VINCENT HOSPITAL AND HEALTH
CARE CENTER, INC.
Dy,
Detre J. F me, Proal,enEa c :"
{
S^,J
r
r.. La
r 4•
'n,.
e — V
cm
ACCEPTANCE OF ASSIGNMENT
The City of Carmel, Indiana; hetet}, accepts assignment of the
foregoing easement.as the Assignee and agrees. to perform and
abide L, ill cu•:c::_r,:o-sac conditions therein pro:iJed Lo he ...
observed by Si. Vincent Hospital and Health Care Center, Inc.,
the Assignor.
EXHIBI f
THREE
vniumA VA, JLnL
taptMSNT
Boon ' vane
80A
THIS INDENTURE made this c24/12 -day of 1
9
85,
brand between Pro -Mad, Ltd., aIndrana'Llmitad Par lersh>.p, ofthe
yCounpny Of Hamilton, State of Indiana, hereinafter ca led "Grantors".
and,,. the Sel Vincent Heepitai end Ilonith Care Center, Inc.,
hereinafter called "Grantees°,
. WITNESSE'tM: -,
Teat tor.and in considnration of the mutual covenants heroin
set forth and other valuable considerations, as recited in the
Special Consideration Section, the receipt of which is hereby
acknowledged,' the Granters for himself, herself, itself, themselves,
his, her, their administrators, successors and assigns, does hereby
grant, bargain, sell, convey and warrant unto the Grantee, its
Grantees. Successors and Abolgna, forever. a _perpetual right of way
and easement, with the right, privileges and authority in Grantee,
its Grantees, Successors and Assigns, to enter .upon, dig, lay.
erect, construct, install. reconstruct, renew, and to operate,
maintain, patrol, replace, repair, and continue a sewer line
including, but not limited to, main, sub -main, local lateral,
outfall, force and interceptor sewer, as a part of the Grantee's
system and works for the collection, carriage, treatment and
disposal of the waste, sewage, garbage, storm water, and -refuse of
said Grantee, as shall be hereafter located end countructed into.
under, upon, over and across the following described real estate and
premises owned by the Grantors and situated in the County c£
Hamilton. State of Indiana, to -wit,
PERMANENT SEWER EASEMENT
A part of the Northwest Quarter and part of the Northeast
Section 25. Townsblp lit Ndrth, Ramo 3n Quarter yf
.State of Indiana, described as a 20 footwide stripofi land, 10ton u feet
each side of a centerline described as follows;
Cominencing on the Cast line Of the Northwest Quarter of Section .25,
Township 18 North,'hange 3 East -777.80 feet South 00" 07' 32" East
(assumed bearing) frun the 'Northeast corner of said Northwest
•
Quarter: thence running South 00" 07' 52" East on said east line
19.60 feet to a point 797,40 Peet South of the Northwest corner or
the Northeast Quarter of said Section 25; thence running South 89'
02' 39' East a distance Of 507.00 feet.to the. point of beginning of.
thio description; -thence running South l6". 30' 43" Wnst a distance
of 40500 feet; thence running.; South 87." 04' 16" West a distance wt
940,04 feat:• thence running North 65' 59' 44" West a distance of
766.71 feet; -thence runnim3 South 74'. 30'-26". West a die tnnce or
34.20 feet to! the West property line of said parcel, contnininy 1..0
acres, -more or less.. Subject to all -rights-of-way of racer.:.
TEMPORARY COtSTRUCTIOI,. EASEMENT
The following- described Temporary Construction Easement iu for
initial construction purposes and -shall Li effective from the date
granted until construction of said sewer system is completed_. and
accepted by Grantee 'or until one (1) year .from date whichever -is
•,artier, -at -which time - all rights -and privileges to the .Tempora[
Construction Easement shell termincto and all interests. herein
granted shall revert to Grantors;
A strip of land 30 feet wide and running narallel and r.:l1rccnt to
the right side of the aliovo- d';scribed PerI,isnnnt i . ... nt, contalni ng
1.5 acres, more or teal. Subject to all rights-of-way of record.
cleaning and Removal of -Waste and Dct'ris 'The parties agree. thu:r. the
Grantee -shall remove any an ail brush, debris. and waste materiel of
a). --kinds and types --caused by the construcr.i.eit of the sewer through
This 1n:him:nil Pricnlcll_n My V 1985
tlary L: Call:, IIc.viUe1., l;oa Csun1Y, IuJ,
EXHIBIT "A"
(
nock AG6 _1]1.Q
the permanent .easement frcm Cho termporary easement site or the
permanent easement site immediately following. construction. The
�js,Grentees further egree'to restore the temporary easement site to as
-hoar normal conditions es can be practicolly done commensurate with
its reasonable use during construction.
The parties further agree that the Grantee, its contractors, agents
cr employees shall not remove eny mn±.or trees from the temporary
easement site during the course of construction nor thereafter. In
the event any trees are removed that aro usable for any purpose,
including 'firewood, such trees shall be saved and stored on the
property of the Grantor adjacent to the temporary easement and 'shall
remain the property of the Grantor.
Maintenance and Repair of Permanent easement The Grantee, its
Grantees, Succeesoes and Assigns shall have the right to enter
along, over and upon said easement to repair, relocate, within the
'permanent easement, -service and maintain auCll,sewerv, at wii1, and
to make ouch alterations and Improvement -a in the facilities thereof
. as may be necessary or useful, snd to removefrom.the extent of the
right of way any encroaching-trees,buildings, or other obstructions
to the free and unobstructed useof such easement, and tc build and
maintain all necessary intakes, catch basins, and other devices
incident -to such sewers, and shall have the right of ingress and
egress only over adjoining lands, and only for temporary periods,
and Shall not otherwise enter upon lands adjoining said easemer.t-
.;General Covenants Orbi,tee covenants that, in the installation,
Oaintsnanoe Or operation of its sewer and appurtenances. under.
,•.upon, over and across .said tract of land in which perpetual
'"easanent la hereby granted, it will restore the area disturbed by'
its work to as near the original condition as 1s practicable.
Grantors herein covenant for themselves, their Grantees, Succ.osors
and Assigns that they will not erect or iuiaintein any building or
Other structure. or obstruction on or over said sewer and
appurtenances under said tract of land in which perpetual right of
way and easement ie hereby granted, except by express permission
from the Grantee, in writing, and in accordance with the torus
thereof, and which permission when in writing and recorded shall run
with the real-estate.
Grantors hereby .covenantthat they are the ouners in fele simple of
said reel estate, are lawfully seized thereof and have a good right
to grant and convey the foregoing easements therein; that they
guarantee the quiet possession thereof. that said real estate 'is
free from any and all onc.:tenses except the following:
1. Current Tikes -
2. Mortgage in favor of Artie
and the Grantors.will wnrrant.and-defend Grantee'. s title to said
easement against- all. lawful claims. - - -
special Considerations
As a part of this conveyance, GRAUTOR.-aid/or his designees are to be
allowed the right to have a reasonable- number of taps (connections)
into the sanitary sewer line to be'. built on. GRANTOR'S .property,
whether or not said /ins becomes a part oC the City of Cannel sewer
system. That- as a further part of the tight to connect unto said
sewer line, the Grantors herein arereserved and do hold and retain
the right tolanter-upon the.pernancnt easement granted hereby fbr
the purposes of making such hook-ups, taps or' connections as are
necessary. L'
Also as a hart of this:conveyance, Grantee is to assure that a water
line main of 20 inches'in diameter is extended from the Grantee's
.property to the Grantor's property and, as consideration for' tlsii
.Conveyance, Grantee shall pay Grantor a ewe equivalent to the coat
"
Heti/said water line main extension to Grantor's property.
il. IA'
• •IN WITNtta6 WHgR60F, the Grantors, Pro -fed, Ltd., an Indiana
Limited Partnership, by its General Partners. have hereunto ant
• their reapective•hands and seals the day and year first. written
. abov
art E.
ae 1 rtnar
7-
•
.ecf..1/ V(Lr.( 119Ye
8 ens Van Hove
Ge ral Partner•.
Alel
-ra• '
ey D. ew
General Partner
State of Indiana
ICounry of Hamilton
ao•r
l�l
307R-
General
elish General Partne
/
Mason Gooman
General Partner
This Instrument Recorded 7 __ f s86
rlrs, I ni'c'e Recorder, Hamilton County, Ind
on this 2,191"-- day of %T')d,_ 1905, before the
undersigned, a Notary.. Priric in and tort/ ooIJ County and State.
personally appeared the Grantors, by its General Parnars herein,
who acknowledged the execution of the above and foregoing conveyance
• to be their voluntary not and deed.
WITNESS my hand and Notarial Seal this y.9t'1' day of fr flJA ,
1985. • - - 6'
v
•`u&Z ':
ray Ebnnniesien Expires:
.Pun
26, 1987
Prepared By:
Robert E. Hughes
Attorney,. at Law
2 .E. 106ch.Street, £120
Indianapolis, IN '46280.
17/8,48-5097
ertPolk
. Pak
cident'oS Marion County,.IN
fhls Inslnm:cnl Recorded f 'l}s• 1985
Maiy 1, Clauk, Retu der, Whalen COunly, IriJ.
TOTH_ P.97
QUIT ":7L.ASM DEED
EXHTB2T "FOUR"
Agreement or Ameenment to Sewer
Easement Mow Ca11ed Utility.
Greenway & Trail Agreement
L
AGREEMENT OF AMENDMENT TO SEWER EASEMENT
NOW CALLED DTILITY, GREENWAY & TRAIL AGREEMENT
W I T N E S S ETH :
This Agreement of Amendment to Sewer Easement heretofore
granted from Pro -Med Ltd., ar. Indiana Limited Partnership
(hereinafter referred to as "Pro -Med") to St. Vincent Hospital
and Health Care Center (hereinafter referred to as "St. Vincent")
and later assigned to the City of Carmel, Hamilton County,
Indiana (hereinafter referred to as "Carmel") is made and
executed by and between Pro -Med and Carmel, and is approved by:
Tri -County Center, Inc. (hereinafter referred to as "Tri -County")
and the Carmel/Clay Board of Parks and Recreation (hereinafter
referred to as the "Park Board").
I.
History
That heretofore, on May 29, 1985, Pro -Med did sell and grant
unto St. Vincent a sewer easement, more particularly described in
Exhibit "A" attached hereto and made a part hereof, which said
easement was duly recorded as Instrument Number. 85-7229 in Book
2, Page 809 in the records of the Recorder of Hamilton County,
Indiana, hereinafter referred to' as the"Sewer Easement";
That thereafter, on May 12, 1986, St. Vincent did execute an
Assignment of Transfer of said sewer easement unto Carmel, which
said Assignment was accepted by Carmel on July 16, 1986 by action
of the City Council, said action being recorded as Instrument
Number 86-15379 in Book 4,Page 238 in the books of theRecorderof Hamilton County, Indiana.
That thereafter, Pro -Med did sell a portion of the property
through which the'sewer'easement traverses unto Tri -County.
That Pro -Med is now desirous of granting unto the.Park Board,
a tract of land for use as a public park over which portion of
this sewer easement traverses, which'saldtract is more
particularly described in Exhibit "B", attached hereto and made a
part hereof, subject to the execution of this Amendment Agreement
and other terms as will be set out in the document of conveyance.
II.
Purveses
That all -parties -hereto and to the Sewer,Easement desire to
amend said Sewer Easement to provide that the easement shall be
for enure to the benefit of the Park Board and all current and
•
EXHIBIT
FUIjR
I
future users of that Sewer Easement and that said Sewer Easement
described in Exhibit "A" shall be and become an easement for all
utilities, including the Park Boaro, and shall hereafter be known
as a "Utility, Greenway and Trail Easement".
That the designation as a Utility, Greenway and Trail
Easement shall allow the Park Board to provide a walkway, path or
trail on said easement along with all other general utility uses
by other utilities.
That said Utility, Greenway ani Trail easement shall run with
the land from the date of the recordation of this Amendment.
That neither Carmel nor any of its subdivisions nor the Park.
Board, shall plant trees, nor build nor plant any obstructions of
any kind or nature that would restrict access in the easement for
the existing sewer or manholes or future utility use.
That all parties hereto, their successors and assigns agree
that Pro -Med and/or Tri -County, their successors or assigns, and
each of them shall perpetually have unlimited rights of access to
and use of said easement and any walkways, paths or trails built
thereon for purposes of walking, running, or any general use for
which said trails are built thereon.
III.
R utifl
That for and in consideration of the mutual covenants herein
set forth and other valuable consideration, the receipt of which
is hereby acknowledged,the parties hereby agree that a Utility,
Greenway and Trail Easement is hereby granted and conveyed to the
Park Board as a perpetual right: -of -way and easement with the
right, privileges, and authority in the Park Board to enter upon,
dig, lay, erect, construct, -install, reconstruct, renew, and 'to
operate, maintain, patrol, replace, repair, and continue a
greenway or trail upon, over and across the property described
and situated in the County of Hamilton, State of Indiana,
described in Exhibit "A".
That the parties hereby further agree that the Utility
Greenway and Trail Easement shall be for and enure to the benefit
of all public utilities -asa perpetual_,right-of-way -and easeme,it
with the right, privileges, and authority in the utilities to
enter upon, dig, lay, erect, construct, install, reconstruct,.
renew, and to operate, maintain, patrol, replace, repair, and
continue facilities and equipment of every kind and nature for
utility purposes over and across the property described and
situated in the County of Hamilton, State of Indiana, described
in Exhibit "A".
-Z_
IV.
Indemnification
In consideration of Tri -County's agreement to expand the uses
of the Sewer Easement to allow the Park Board to use that portion
of the Sewer Easement over and across the land owned by it for a
greenway or trail, the Park Board shall indemnify, protect,
defend (by legal counsel reasonably acceptable to Tri -County) and
hold harmless Tri -County and its respective directors, officers,
employees, agents, successors and assigns from and against any
and all damages, claims, personal injuries (including death),.
penalties, fines, liabilities (contractual or otherwise) to third
parties, actions or proceedings of any type asserted by third
parties against Tri -County, its directors, officers, employees,
agents, successors and assigns, and allfinal judgments that
Tri -County, its successors and assignsmight suffer and all costs
and expenses incurred, includingreasonable attorneys' fees and
expenses arising out ofordue to anynegligent act or omission
whatsoever by, or the intentional misconduct of the Park Board,
its officers, employees, agents, licensees, invitees, servants,
contractors or subcontractors, in using the Utility Greenway and
Trail Easement or in the maintenance, construction,
reconstruction, installation repair or replacement of the
greenway or trail and/or any improvements thereto. The Park
Board shall name Tri -County as an additional insured on its
comprehensive general and public liability insurance policies
covering the Park, commonly known now as Meadowlark Park, and the
real estate comprising the Utility Greenway and Trail Easement.
That by signing below, the named individuals swear or affirm
that they have authority to so sign act and bind on behalf of
their respective organizations. - - - - - -
Date: 97-
L Cit of i70n
STATE OF -INDIANA )
COUNTY OF !1%t`,9 ")
SS:
Subscribed and sworn to
before
_R'o,�l�.t'E: Hughes,
Ilan ging General P4ner
Pro -Med Ltd., an Indiana
Limited Partnership
me,
i.,.' /),,,,L, ,. j . ,+
a Notary Public, this , Aday of '!. , 199.__.
Date: ,o/S
7�
STATE OF INDIANA )
n401,4 ss:
•J-�
Subscribed and sworn to before me, / ticd[1A•Sz.,1
COUNTY OF
.2:10 / (7,A /L. (.4v.0-/! LI-'
Notary Public .:i Ul. gtiN OOSICLLO
Residing in i/LFILL) County
Li
Ted Jolinsan, Mayor
City of� armel, Indiana
a Notary
Public, this y_ day of Cd. f t'!' , 1995.
My Commission Expires:
Notary Public
•
Residing in L 2, .02/� linbounty
Date:
STATE OF INDIANA )
SS:
COUNTY 2!n MC)
Subscribed and sworn to before
a Notary Public, this ) day of
My Commission Expires:
David Carter, President
Carmel/Clay Board of
Parks and Recreation
,
me , _'_ti i i'r 1' [ 1 /, J'./ {C r
C , 199J
Notary Public
Residing in --.0 1IJ &!/TJ&county
L
Date: eaoiit.6, 915-
STATE OF INDIA*?
) SS:
COUNTY OF
e't,-7),atSWIP±
rry Bu , Executive Director
Tri -County Center, Inc.
Subscribed and sworn to before me
a Notary Public, thisi day of (
My Commission Expires:
..J.ALIT
Notary P
Residing in Z2&1zn)
County
).XHLBIT •A•
DESCRIPTION
of
5131FA zASB![RRT
A part of the Northwest Quarter and part of the Northeast Quarter
of section 25, Township 18 North, Range 3 East, in Hamilton
County, State of Indiana, described as a 20 foot wide strip of
land, 10 feet each side of a center line described as follows:
Commencing on the East line of the Northwest Quarter of
suction 25, Township 18 North, Range 3 East 777.80 feet South
00 degaees 07' 52" East (assumed bearing) from the Northeast
corner et said Northwest Quarter; thence, running South 00
degrees n7' 52" East on said East line 19.60 feet to a point
757.40 feet South of the Northwest corner of the Northeast
Quarter of said section 25; thence, running South 89 degrees
02' 38" East a distance of 507.00 feet to the point of
beginning of this description; thence, running South 16
degrees 38' 43" West a distance of 485. feet; thence, running
South 87 degrees 0.1' 16" West a distance of 940.04 feet;
thence, running North 65 degrees 59' 44" West a distsnce of
768.71 feet: thence, running South, 74 degrees 38' 26" West a
distance of 34.20 feet to the West property line of said
parcel, containing 1.0 acres, more or less.
1
r
1
1
L
.7
PARK & LAKE PARCEL
LAND DESCRIPTION
Part of the Northeast Quarter and the Northwest Quarter of Section 25, Township 18
Norah, Range 3 Pest in Hamilton County, lndinna, described as follows:
Beginning at a point on the West lint of said Northeast Quarter Section South 00 degrees
08 minutes 12 seconds East (assumed bearing) 797.40 (het from the Northeast confer
thereof, thence South 89 degrees 02 minutes 22 seconds East j06.22 feet along the South
line oflrreeman (Deed Record 194, page 127) to an extension of the Westerly line oft:Je
Hamilton County Park and Recreation Board Speed Record 307. page 728): thence along
said extension and Westerly line South 14 degrees 46 minutes 36 s^solids West 433.33
Peet thence South 00 degrees 13 minutes 24 seconds East 347,00 feet to a point 1051.90
feat North of the South line of said Northeast Quaner Section as measured parallel with
the East line ofthe West Half of said Northeast Quarter Sector; thence South 83 degrees
42 tuinutea 47 seconds West 777.30 feet to a point 925.00 feet Bast of the West line ofthe
East Half of said Northwest Quarter and 265.00 feet South of the North lino of the
Southeast Quarter of the said Northwest Quarter, thence North 00 degrees 06 minutes 32.
seconds West parallel with the West line of the East Half of said Northwest Quarter
265.00 feet to the North line of the Southeast Quarter of said Northwest Quarter, thence
Nonh 63 degrees 03 minutes 51 seconds Last 256,49 feet; thence North 16 degrees 27
minutes 52 seconds East 72.13 feet; thence North 53 degrees 39 minutes 23 seconds East
147.23 feu; thence North 06 degrees 32 minutes 38 seconds East 137.77 feet; thence
North 35 degrees 07 minutes 09 seconds West 57.66 feet; thence North 13 degrees 07
minutes 29 seconds East 93.15 feet lo the place of beginning; containing 10.79 acres.
more or less, and subject to all legal highways. tights -of -way and easements:
EXHIBIT ^BA
cluxrcx-Arm nm]ri
Emarnim nywon
wks-nanas Mitigation as.ureement
pl
Yr
13
RI:I'n X111
9534428
Wetlands
Mitigation Agreement
95 PAY -8 Ph/2:50
ru>Rt19N r9YNt r SlCOUn
c'loul. uul
This Agreement in made end entered into by and between Pro -
Med, Ltd., an Indiana limited partnership (herc_nafter referred to
as 'Pro -Med"! end Regan/Lambert LLC, an Indian, limited liability
company (hereinafter referred to as "Regan/L.ambert"), and witnesses
the following agreements of the parties:
RECITALS
A, Pro -Med is the fee simple owner of the real estate located in
Hamilton County, tndiana, more particularly de:scrribed in exhibit A
attached hereto and made a part hereof and terc•naf te referred to
as the "Pro -Med Site".
n. Pro -Med is developing the Pro -Med Site as a nedica',ly oriented
development. In connection therewith, there are several residual
acreu on the portion -of the Pro -Med Site more particularly
described In Exni.bic A 1 attached beret: and made a part hereof
(hereinafter referred to as the 'Residua/ Acres') wherein wetland
mitigation could come about.
C. Prank K. Regan is the fce simple cwner (if the Real Estate
located in Hamilton County, Indiana, more particuar_y described in
Exhibit B attached hereto and made -.a part hereof and hereinafter
referred to au thc "Regan/Lambert Cite".
D. Frank K. Regan has entered into the Joint venture Agreement
with Regency Windsor Capital, nc., an Illinois corporation, and
Lambert Properties, Ltd., a -Floi;da- limited p:.rtnership, dated
January 7, 1994, for the development of the Regan;Lanlbort Site as
a multi -family apartment community o1 approximately SO4 multi-
family units Said Joint Venture Agreement_Conten-laces that other
entitiea, including Regan/Lanbert,'-be. created in -order to
accomplish the objectives .
set forth in said Joint Venture
Agreement, and that upon thr. completion of- extair predevelcpment
activities, Frank K. Regan shall Contribute and convey the
Regan/Lamert Site to Regar.,'Larrbcrt.
E. Tne Development P_an for the R&y.ln:'Larrhert .^Ile ca i'r. for the
filling of certain wetlacdH on thc Pepnai:,.rnrn.rl Cite wh-:-ch are
under the-jurisdictionot the Indiana Departw.cnt .•f Environmental.
Management and. the United States Department of the Army, Army Corps
of Engineers (the "Army Corps") which, und_i oioi:-icable law, must
be mitigated in orier for the dcvel_pm,=n` Co gn f: -ward..
EXHIBIT
FIVE
2so-
REVEWEpsYHAMOON
WyN Y X D FCS OFFICE, /
L-ty of X19, }
F. Pro -Med and Regan/Lambert desire to dedicate
of the'Residual Acres more certain portions
1
attached he-eto and made a part hereof (hereinafter nafter referredltoA 2
as
the "Regan/.amber= WMA") as an area to be utilized by Regan/Lambert
in establishing and creating wetlands on the Residual Acres in
mitigation of the wetlands 'co be filled on the Regan/Lambert Site.
G. It is contemplated, but not required, that Pro -Med may
sometime in the future convey the Residual Acres, including the
Regan/Lambert WMA, to the City of Carmel, Indiana, or one of its
political subdivisions (the "City").
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties hereinafter contained, the parties hereby
agree as follows:
1. Pro -Med has already performed or caused to be performed
certain work in designing, engineering, and moving earth in order
to prepare the Regan/Lambert WMA for wetlands mitigation use by
Regan/Lambert for the Regan/Lambert S:re,
2. Simultaneously with the execution of this Agreement,
Regan/Lambert has paid to Pro -Med the sum set forth in Paragraph 1
of Schedule 1 attached hereto and made a part hereof and shall
thereafter pay the sums set forth in Paragraph 2 of Schedule 1
attached hereto.
3. Regan/Lambertshall have no obligation to go forward with its
proposed developme:-t on the.Regan/Lambert Site." However/ in the
event that it does do so, it shall be entitled to:
A. - Further improve the Regan/Lambert WMA with such plantings
and landscai.ng as -shall be necessary in order to comply with
the requirenie_nts of all governmental entities, including but
not limited- to the Indiana' Department of Environmental
Management and the Army Corps (as set forth in the letter
agreement from the Army Corps dated January 12, 1995. and
accepted by Regan/Lambert February 23, 1995 and incorporated
herein by reference or any other requirements of the Army
Corps) necessary to mitigate the filling of wetlands on the
Regan/Lambert Site caused by or in connection' with the
development of the Regan/Lambert Site and to obtain the
apo
prval of, and
all required ,ermits For, said mitigation
p governments]. entities- and
B. Perform all work and do all acts necessary to comply with
all conditions of all apprcvals and permits and all other
requirements of the Army Corps (as set forth in the.aforesaid
letter agreement or otherwise), and all other governmental
entities with respect to the Regan/Lambert WMA (including but
not limited to, any restoration or revegetacion required b
any governmental entities) and to monitor the Regan/Lamberty
WMA in accordance with the re Corps
all other ieirements of tr,a Army Corps and
C. governmental entities.
�/ Regan/Lambert shall have the right of ingress and egress over the
for.the purpose of doing so.
6s uat Acres
4. Upon .the conveyance of the Regan/Lambert Site by Frank K.
Regan to Regan/Lambert, Regan/Lambert shall pay to Pro -Med the sum
set forth in Paragraph 3 of Schedule l attached hereto.
5. In the event that Pro -Med or its successors in title,
including the City, fails to properly maintain the Regan/Lambert
WMA, Regan/Lambert shall have the right, but not the obligation, to
so maintain the Regan/Lambert WMA, including the right tc maintain
it in accordance with the requirements of the Arrny Corps (as set
forth in the aforesaid letter agreement or otherwise), the Indi
Department of Environmental Management, and all other government
entities, and the right of ingress and egress over t ��'a/1
for the purpose of doing so. v #t
5iUt
GrESyJ�.7
6. The Covenants and
agreements contained in this Agreement shall '
be covenants, easements and restrictions upon the Pro -Med Site,
which covenants, easements, and restrictions shall run with the
land and be binding upon Pro -Med and its successors, assigns, and
successors in title, .including but not limited t. the Ci=y if it
acquires any portion of'the'Pro-Med Site. By'accepting..i.•deed•to
or the conveyance of any other interest in'the'Pro-Med Si.-_ or any
portion thereof, -each such grantee agrees to be ooc.ni by--the-
provisions of this Agreement and 'to recognize the ::ghts of
Regan/lambert and its successors and assigns Lereunde:. This
Agreement and the provisions hereof 'shall-be.deemed .incery cited by
reference into each deed or conveyance of•any other intere•_ in the
Pro -Med Site or -any portion thereof.
7.
This Agreement shall•be. binding Upon and inure -to the
of Regan/Lambert and their successors, Sens: it
title. Regan/Lambert and successors
and su_c,::.,ors in
Re a. its successors ii;
g n/L.mbert Site may assign chi; A. -A. -`' '.o the
pr_vileges here:mder to any Agreement and the cs and
company, or any -other limited partnership, -
r y. y -other entity in. which Recency Windsor
i.pita.,
Inc., Lambert Properties Ltd. or any of.their presentorfuture
afri._iates is a -partner, member or other principal: to any of its
or their purchasers or transferees of the Regan/Lambert Si'_.e; or to
any of its or -their mortgagees. -
3
aM1 aaaraNalaaav 4nuimataw--.�...ma—owereavi.
8. The parties acknowledge and declare that the Regan/Lambert WMA
has been or will he developed in mitigation for a permit or permits
from the Army Corps and the Indiana Department of Environmental
Management and that thereupon the Regan/Lambert WMA shall remain in
its restored natural state as constructed under the mitigation plan
in perpetuity. Thereafter, no filling, dredging or other
alterations, modifications or development of the Regan/Lambert WMA
shall be undertaken, and Pro-Med or its successors in title will
ensure to the best of their ability that the vegetation, soils and
hydrology of the Regan/Lambert WMA shall remain in its unaltered
natural condition as constructed under the mitigation plan. This
restriction is perpetual and shall run with said land and be
binding upon the parties hereto and their successors, assigns, and
successors in title.The Army Corps and the Indiana Department of
Environmental Management, their successors, and assigns, shall have
the right to enforce the restrictive covenant made by this
Paragraph 8.
9. The parties agree to make any amendments, modifications, or
additions to this Agreement required by any governmental entities
in order to obtain the approvals and/or permits to do the wetlands
mitigation work contemplated by this Agreement and to comply -with
the conditions of all such approvals and/or permits and all other
requirements of all governmental entities.
10.. Each party and each of the undersigned represents to the other
that this Agreement has been duly authorized by all proper
partnership and limited -liability company action needed therefor
and is a validly executed, and legally binding obligation of each
respectjve party hereto. Pro-Med br:"b. represents and warrants
that it is the owner of -the entire'21.. riniple innerest in --and to'
the Pro-Med' Site and has the right, .autho2;ity'and"ability to -enter
into this Agreemenz...-
11. This Agreement shall be recorced id Cffice-of the Recorder- of
Hamilton • County, Indiana wichou::. Schedule ;1 -attached • to -the
recorded copy.- .Schedule 1 shall be: at::ached` to the unrecorded
copies and' remaininfull force and effect. A11 terms defined in
this Agreement shall' have the same meanings when lee' in Schedule
1 attached.'
Executed as of the .46(;(day of "/,�(;1�/1..,),
PRO -MED---g,TD .
/.
Robert E. HugYss-MaffagCng General Part.ier
91�16811NtNf '�:
�^1 5 1995
4REGENED 14
FUTURE DEVELOPMENT PARCEL
LAND DESCRIPTION
Part of the Northeast Quarter of the Northwest Quarter of Section 25. Township 18
North, Range 3 East in Hamilton County. Indiana. described as follows-
Beginning at a point on the East line of said Northwest Quaver Section South 00 degrees
08 minutes 12 seconds East (assumed bearing) 777.80 feet from the Nonheas comer
thereof; thence continuing along said South line South 00 degrees OR minutes 12 seconds
East 10.60 feed; thence South I^ degrees 42 minutes. 23 seconds West 92.32 feet;4hence-
South 39 degrees 19 minutes 01 seconds East 56.39 feet; thence South 06 degrees 09
minutes 02 seconds West 144.99 feet; thence South 53 degrees 39 minutes 23 seconds
West 150.43 feet; thence South 18 degrees 38 minutes 08 seconds West 68.06 feet; thence
South 68 degrees 29 minutes 46 seconds West 258.78 feet to a point on the South lint of
said Quarter Section 925.00 feet from the Southwest corner thereof; thence along
the South line of said Quarter Quarter Section South 88 degrees 44 minuses 03 seconds
West 394.71 feel; thence North 35 degrees 31 minutes 32 seconds East 512.22 feet to a
point on a curve to the right having a radius of 300.00 feet, the radius point of said curve
bears North 67 degrees 15 rninutes 21 seconds East from slid point: thence Northwesterly
along said curve 118.37 feet to the point of tangency thereof. the radius point of said
cure bears North 89 degrees 51 minutes 48 seconds Fast from said point; thence North
00 degrees 08 minutes 12 seconds West 283.38 (eel to the point of curvature of a tune to
the left having a radius of 25.00 feel, the radius point of said curve bears South 89 degrees
51 minutes 48 seconds West from said point; thence Northerly and Westerly along said
curve 39.81 feet to the point of tangency thereof, the radius point of said curer bears
South 1 degrees 21 minutes 55 seconds East from said point; thence South 88 degrees 38
minutes 05 seconds West 130.64 feet to the point of curvature of a enn'e to the right
having a radius of 300.00 feet, the radius point of said curve bears North 01 degrees 21
minutes 55 seconds We from said point; thence Westerlgand Northwesterly along said
curve 193.16 feet to the point of tangency thereof, the radius point of said curve tears
North 35 degrees 31 minutes 32.seconds Easffrom said point; thence North 54 degrees 28
minutes 28 seconds -West 98.93 feetlo the Southerly line of Old US I tighway 31; thence
along said Southerly line North 35 degrees 31 minutes 32 seconds Esc! 83.63 feet to the
point of curvature cia cunt to the right'laving'a radius of 2814.79 feet, the radius -point
of said corn -bears South 54 degrees 28 minutes 28 seconds -Eat from sail point; thence
Northeasterly along said curve 210.41 feet to a point on the Southerly right of way line of
Smokey Row Road (136th Street) per:Warranty Deed lo•thc Stale of Indiana, dated
October 7.'1971, the plans for said -read as a -pan of the relocation of -115 Highway -31
'designated as ISHC Project ST -F-222(9), :the radius point hears Smith MI degrees It'
minutes 29 seconds East from said point; said point also being on a non -tangent cun•elo
the right having a radius of 437.46 feet, the radius point of said curie hears South 18
dcgrccs 19 minutes 10 seconds East from said poinl;.thence Easterly along said cunt
282.49 feet to a point that bears North 01 deg( ces.19 minutes 16 seconds West from said
radius point; thcncc North 75. dcgrees.12 minutes 25 seconds East 96 34 feet along. .said
right of way line; thence perpendicular -to the North line of said Quarter Quarter Section -
North 01 degrees 2 minutes 55 seconds West 20 Or eel to a point on the Non It line of -
said Quancr Quarter Section; thence along said North line North 88 degrees • ' minutes
05 seconds East 165.99 feet to a point -221.00 feet West of the Nanhcast corner of said
•
Quartet Quarter Section; (hence parallel with the East 'linc of said Quarter Quancr Section
South 00 degrees 08 minutes I' seconds•Eal 217.00 feel; thence parallel with the Non
line of said Quarter Qtemer Section North 88 degrees 38 minutes 05 seconds East 37.00
feet; thence parallel with said East line South 00 dcgrccs (i8 minutes 12 seconds -East
560 80 (est; thence parallel with slid-Nonh line Nonh 88 degrees 38 minulcs 05 sceorids
East 184.00 fres to the place of beginning, containing 14.89 acres. more or less. and
subject to all legal easements, rights ofnav andeasemems
C>:hihir-A - Pro -y1
Page 1 of 4
• 1 01205
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WAS% 13. TIES 144
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KENSINGTON
PLACE
FUTURE 00720PUBIT PARCEL
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PARK & LAKE PARCEL -
LAND DESCRIPTION
Part 'If the Northeast Quarter and the Northwest Quarter of Section 25, Township 18
North, Range 3 East in Hamilton County, Indiana, described as follows:
Beginning at a point on the West line of said Northeast Quarter Section South 00 degrees
08 minutes 12 seconds East (assumed bearing) 797.40 feet from the Northwest comer
thereof; thence South 89 degrees 02 minutes 22 seconds East 506.22 feet along the South
line of Freeman (Deed Record 194, page 127) to an extension of the Westerly line of the
Hamilton County Park and Recreation Board (Deed Record 307, page r28); thence along
said extension and Westerly line South 14 degrees 46 minutes 36 seconds West 433.38
feet; thence South 0 degrees 13 minutes 24 seconds East 347.00 feet to a point 1051.90
feet North of the South line of said Northeast Quarter Section as measured parallel with
the East line of the West Half of said Northeast Quarter Section; thence South 88 degrees
42 minutes 47 seconds West 77 7.30 feet to a point 925.00 feet East of the West line of
the East Half of said Northwest Quarter and 265.00 feet South of the North line of the
Southeast Quarter of the said Northwest Quarter; thence North 00 degrees 06 minutes 32
seconds West parallel with the West line of the East Half of said Northwest Quarter
265.00 feet to the North line of the Southeast Quarter of said Northwest Quarter; thence
North 68 degrees 29 minutes 46 seconds East 258.78 feet; thence North 18 degrees 38
minutes 08 seconds East 68.06 feet; thence North 53 degrees 39 minutes 23 seconds East
150.43 feet; thence North 06 degrees 09 minutes 02 seconds East 144.99 feet; thence
North 39 degrees 19 minutes 01 seconds West 56.39 feet; thence North 10 degrees 42
minutes 23 seconds East 92.32 feet to the place of beginning, containing 10.72 acres,
more or less, and subject to all legal highways, rights of way and easements.
Exhibit A - Pro -Med Site
Page 3 of 4
t..."-- if Cotner NE 1/4 NW 1/4
• Secticci 25, T -18-N, R -3-E
k
Exhibit A - Pre -:led Site
^r,
LAND DESCRIPTION
A part of the NorthEast Quarter of Section 25, Township 18 North, Range 3 East, located
in Clay Tov nship , Hamilton County, Indiana, being described as follows:
Commencing at the northeast comer of the NorthEast Quarter of the NorthWest Quarter
of Section 25, Township 18 North, Range 3 East ; thence South 00 degrees 08 minutes
12 seconds East ( assumed bearing) 831.15 feet along the east line of said NorthWest
Quarter ; thence South 89 degrees 11 minutes 11 seconds East 287.31 feet to the POINT
OF BEGINNING; thence continue South 89 degrees 11 minutes 11 seconds East 113.46
feet thence South 32 degrees 13 minutes 03 seconds East 36.23 feet ; thence South 24
degrees 13 minutes 46 seconds West 117.23 feet; thence South 37 degrees 39 minutes 52 seconds
West 35.95 feet ; thence South 72 degrees 11 minutes 54 seconds West 24.26 feet ;
thence North 72 degrees 23 minutes 23 seconds West 73.96 feet ; thence North 20
degrees 52 minutes 17 seconds East 34.22 feet; thence North 30 degrees 56 minutes 03
seconds East 63.44 feet ; thence North 21 degrees 08 minutes 33 seconds West 21.17
feet; thence North 75 degrees 14 minutes 41 seconds West 45.41 feet ; thence North 38
degrees 07 minutes 11 seconds East 30.39 feet; thence North 59 degrees 37 minutes 40
seconds East 21.89 feet to the POINT OF BEGINNING. Containing 0.45 acres, more of
less, being subject to all applicable easements and rights - of - way of record
This land description was prepared for the purpose cf describing a wetland arca. No
measurements were taken at the time of the preparation of this description and no liability
is tendered herein should this description create any " gaps " , "overlaps " or
encroachments.
SITETECH
501 John Street
Anderson, IN 46016
Phone: (317) 640-8552
Fax: (317) 622:8054
STEPI4EN 9. SF.RVTF.S
Registered Land Surveyor ft 900002
Date: December 9, 1994
J1
jit
LAND DESCRIPTION
A pan of the NorthEast Quarter and the NorthWest Quarter of Section 25, Township 18
North, Range 3 East, located in Clay Township, Hamilton County, Indiana, being
described as follows:
Commencing at the northeast corner of the NorthEast Quarter of the NorthWest Quarter
of Section 25. Township 18 North, Range 3 East ; thence South 00 degrees 08 minutes 12
seconds East ( assumed bearing) 797.40 feet along the east line of said NorthWest
Quarter ; thence South 20 degrees 42 minutes 23 seconds West 9232 feet ; thence South
39 degrees 19 minutes 01 seconds East 56.39 feet ; thence South 06 degrees 09 minutes
02 seconds West 144.99 feet ; thence South 53 degrees 39 minutes 23 seconds West
150.43 feet ; thence South 18 degrees 38 minutes 08 seconds West 68.06 feet ; thence
South 68 degrees 29 minutes 46 seconds West 258.78 feet ; thence North 86 degrees 08
minutes 44 seconds East 138.35 feet to the POINT OF BEGINNING ; thence North 87
degrees 04 minutes 16 seconds East 321.06 feet ; thence South 12 degrees 11 minutes 16
seconds West 25.29 feet ; thence South 54 degrees 25 minutes 59 seconds `. 64.37
feet ; thence South 69 degrees 39 minutes 24 seconds West 54.20 feet ; thence Not:h 82
degrees 09 minutes 36 seconds West 91.48 feet ; thence North 66 degrees 46 minutes 4-1
seconds West 13121 to the POINT OF BEGINNING. Containing 0.35 acres, more or
less, being subject to all applicable easements and rights - of - way of record.
This land description was prepared for the purpose of describing a wetland area. No
measurements were taken at the time of the preparation of the description and no liability
is tendered herein should this description create any " gaps " , " overlaps " or
encroachments. -
SITETECH
5015 John Street
Anderson, IN 46016
Phone: (317) 640-8552
Fax: (317) 622-8054
STE' t N D. SERVIES
Registered Land Surveyor # 900002
Date: December 9, 1994.
Exhibit A2 -
Page 2 of 3
Regan/Lambert WMA
cu uw1
w nay
PARCEL 5
PROPOSED PARK
R-2
6.96 Ac.
WOOD ACRE WEST WOOD ACRE PARK
R-2 R-2
-Exhibit A2 - Regan/Lambert WMA
Page 3 of 3
EXHIBIT B - REGAN/LAMBERT SITE
PART OF THE NORTHWEST QUARTER OF SECTION 25 AND A PART OF THE
NORTHEAST QUARTER OF SECTION 26, BOTH IN TOWNSHIP 18 NORTH,
RANGE 3 EAST, HAMILTON COUNTY, INDIANA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 25, ALSO BEING THE NORTHEAST CORNER OF THE NORTHEAST
QUARTER OF SECTION 26; THENCE NORTH 88 DEGREES 21 MINUTES 51
SECONDS EAST (ASSUMED BASIS OF BEARINGS) ALONG THE NORTH LINE OF
SAID NORTHWEST QUARTER SECTION,. 37.71 FEET; THENCE SOUTH 8
DEGREES 35 MINUTES 58 SECONDS EAST 435.52 FEET MEASURED (436.68
FEET DEED) TO A POINT ON THE LIMITED ACCESS RIGHT OF WAY LINE OF
U.S. 31, THENCE SOUTHWESTERLY, THE NEXT 6 COURSES, ALONG SAID
RIGHT OF WAY LINE; SOUTH 69 DEGREES 00 MINUTES 42 SECONDS WEST
38.68 FEET, SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST 64.12
FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER SECTION,
CONTINUING SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST 41.83
FEET, SOUTH 68 DEGREES 04 MINUTES 00 SECONDS WEST 800.77 FEET,
SOUTH 70 DEGREES 34 MINUTES 18 SECONDS WEST 1172.10 FEET TO THE
POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF
2436.831 FEET, SOUTHWESTERLY ALONG SAID CURVE 540.69 FEET, SAID
CURVE BEING SUBTENDED BY A LONG CHORD BEARING SOUTH 64 DEaREES
11 MINUTES 32 SECONDS WEST 539.58 FEET, TO TNT. INTERSECTION OF
SAID RIGHT OF WAY LINE WITH THE SOUTH LINE OF THE NORTH HALF OF
SAID NORTHEAST QUARTER SECTION; THENCE, LEAVING TCE SAID RIGHT
OF WAY LINE, SOUTH 88 DEGREES 37 MINUTES 22 SECONDS WEST ALONG
SAID SOUTH LINE, 281.46 FEET-TO.THE SOUTHWEST CORNER OF SAID
HALF -QUARTER SECTION;. THENCE 'NORTH 0.DEGREES 18 MINUTES 31
SECONDS .WEST ALONG THE WEST LINE OF SAID HALF -QUARTER SECTION
1309.79 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88
DEGREES 35 MINUTES 23 SECONDS EAST ALONG THE NORTH LINE OF SAID
HALF -QUARTER SECTION, 2662.24 FEET TO THE POINT OF:. BEGIIQNING AND
CONTAINING -0.709 -ACRES, MORE .OR LESS•; IN SAID NORTHWEST QUARTER
OF SECTION 25 AND 55..170 -ACRES, MORE OR LESS IN SAID NORTHEAST
QUARTER OF SECTION 26,. AND BEING 114. ALL 55.879ACRES,.MORE OR
LESS.'
Page 1 of 2
L
EXCEPT:
EXHIBIT B - REGAN/LAMBERT SITE
A E`RT OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 18
NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN CLAY
TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE NORTH 88 DEGREES 35 MINUTES 23 SECONDS EAST ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER 1611.43 FEET; THENCE SOUTH
01 DEGREE 24 MINUTES 37 SECONDS EAST, PERPENDICULAR TO THE LAST
DESCRIBED COURSE 430.00 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES
23 SECONDSWESTPARALLEL WITH THE NORTH LINE OF SAID NORTHEAST
QUARTER 522.50 FEET; THENCE NORTH 14 DEGREES 49 MINUTES 01
SECONDS WEST 81.22 FEET; THENCE SOUTH 70 DEGREES 34 MINUTES 04
SECONDS WEST 534.23 FEET TO A TANGENT CURVE HAVING A CENTRAL
ANGLE OF 11 DEGREES 56 MINUTES 09 SECONDS AND A RADIUS OF
3036.83. FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC
DISTANCE QF'632.63 FEET (SAID ARC DEING SUBTENDED BY A CHORD
HAVING A BEARING OF SOUTH 64 DEGREES 35 MINUTES 59 SECONDS WEST
AND A LENGTH OF 631.48 FEET) ; THENCE NORTH 00 DEGREES 13 MINU'S'ES
34 SECONDS WEST 773.16 FEET TO THE POINT OF BEGINNING,
CONTAINING 18.63 ACRES MORE OR LESS.
Page 2 of 2