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West Park - Perlmann, JillWARRANTY DEED THIS INDENTURE WITNESSETFI THAT Jill Louise Perelman, Grantor, CONVEYS AND WARRANTS to Carmel -Clay Parks and Recreation Board, for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the real estate described on Exhibit 13 attached hereto and made a part hereof ("The Property") subject to the covenants, easements, agreements and restrictions described on Schedule H attached hereto and made a pan hereof. The Property is further conveyed subject to the following covenants, restrictions and agreements which shall run with the land in perpetuity (unless otherwise indicated), and Grantee, by acceptance of this deed, agrees for itself, its successors and assigns and any grantees or remote grantees, to be bound thereby: L The Property shall be used solely for park and recreational facilities and activities. 2. No roadway for the purpose of vehicular traffic shall be constructed to adjoin the Property to the adjacent school properly as shown on the survey, prepared by Weihe Engineers, Inc., as job number 97-1203, dated 11/25/97. 3. For so long as Jill Louise Perelman makes her residence on any part of the Adjacent Property, as shown on Exhibit C attached hereto and made a part hereof, there shall be no swimming pool or lighting of any facilities on the Property without the consent of the Jill Louise Perelman. 4. To the extent it is reasonable to do so, the Grantee niay consider input from those landowners whose property is adjacent to the Property for the planning of the facilities to be constructed on the Property. IN WITNESS WHEREOF, the Grantor has executed this ; ranty D . � day of December, 1997. STATE OF INDIANA COUNTY OF anise Pere an BEFORE ME, a Notary Public, in and for said County and State, personally appeared Jill Louise Perelman who acknowledged the execution of the foregoing Tmslec's Deed, and who, having been duly sworn, stated that any representations therein contained arc true. WITNESS my hand and seal this }CD —day of December, My Commission Expires: This instalment prepared by: lane 13. Merrill Attorney at Law 3021 E. 98th Street, Suite 220 Indianapolis, IN 46280 (317) 844-0106 No Public Name Printed: County of Residence WILLIAM 9. OLSEN MY COMMISS/ON EXPIRES: 6-30-00 MY COUNTY OF RESIDENCE I5: HAMILTON Return decd and send tax statements lo: 1.05-4' 3'� Ave S '4. Q a rn .t.. 41903 7 EXHIBIT B TRACT N0. 3 Port of the West Noll of the Southeast Ouorter of Section 32, Township 18 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana more particularly described as follows: Commencing of the southeast corner of the Southeast Ouarier of Section 32, Township 18 North, Ronge 3 East of the Second Principol Meridian in Hamilton County, Indiana; thence South 90 degrees 00 minutes 00 seconds West (assumed bearing) 2,659.62 feel on the south line of said Southeast Ouorter to the southwest corner of sold quarter section; thence North 00 degrees 29 minutes 55 seconds East 2,307.37 feet on the west line of said Southeast Quarter Section to o 5/8 inch diameter Iron rebor with o yellow plastic cop marked 'WEIHE ENGR. 0012' (copped rebar), said rebor marks the POINT OF BEGINNING of the herein described surveyed trod; thence North 00 degrees 29 minutes 55 seconds East 327.97 feel on soid west line to the northwest comer of said Southeast Quarter Section; thence North 89 degrees 54 minutes 05 seconds East - 1,328.13 feel on the north Iine of said Southeast Ouorter to the northeast corner of the West Half thereof; thence South 00 degrees 27 minutes 42 seconds West 327.97 feel on the east line of the West Half of said Southeast Ouorler to a capped rebor; thence South 89 degrees 54 minutes 05 seconds West 1328.34 feet, parallel with the north line of said Southeast Quarter, to the POINT OF BEGINNING of the herein described trod, said tract conloins 10.000 acres more or less. Subject to oil easements, rights—of—way, covenants, and restrictions of record. F,XtIIBIT C Miacent Property LEGAL DESCRIPTION 41 A part of the Southeast Quarter of the Southwest Quarter of Rection 32, Township 18 North, Range 3 Eest in Hamilton County, Indiene, more particularly described as follows: Beginning on the south line of said quarter -quarter section North 89 degrees 34 minutes 15 seconds Eest 308.13 feet from the southwest corner of said quarter -quarter section; thence North 0 degrees 25 minutes 45 seconds West 1288.00 feet; thence South 89 degrees 34 minutes 15 seconds West 300.64 feet parallel to the south line of said quarter -quarter section to the west line of said quarter -quarter section: thence North 0 degrees 05 minutes 45 seconds West 29.91 feet along the west line of said quarter -quarter section to the north line of said quarter -quarter section; thence North 85 degrees 31 minutes 15 seconds Eest 1327.35 feet along the north line of said querter-quarter section to the east line of said quarter -quarter sec- tion; thence Suuth 0 degrees 06 minutes 45 seconds West 31.07 feet a- long the east line of said quarter -quarter section; thence South 89 de- grees 34 minutes 15 seconds West 614.86 feet parallel to the south line of said quarter -quarter section; thence South 0 degrees 25 min- utes 45 seconds Jest 1288.0 feet to the south line of said quarter - quarter section; thence South 09 degrees 34 minutes 15 seconds West 411.74 feet along the south line of said quarter -quarter section to the point of beginning end containing 13.104 acres, more or less. LEGAL DESCRIPTIOtt 82 A part of the Southeast Qu0tter of the Southwest Quarter of Rection 32, Township 18 North, Range 3 Pest in Hamilton County, Indiene, de- scribed es follows: Beginning on the mouth line of said quarter - quarter section North 09 degrees 34 min:tes 15 seconds Eest 719.87 feet from the southwest corner of said quarter -quarter section; thence North 0 degrees 25 minutes 45 secords West 1288.00 feet; thence North 89 degree.: 34 minutes 15 seconds Eest 210.20 feet parallel to the south line of said quarter -quarter section; thence South 0 degrees 25 minutes 45 seconds Sart 1288.00 feet to the south line of said quarter -quarter section; thence South B9 degrees 34 minutes 15 seconds West 338.20 feet along the south line of avid quarter -quarter section to the point of beginning end containing 10.000 acres, more or less. LEGAL DESCRIPTION 93 A part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning et the southwest corner of said quarter -quarter section; thence North 0 degrees 05 minutes 45 sec- onds east 1281.02 feet along the west line of said quarter -quarter section; thence North 89 degrees 34 minutes 15 seconds East 300.64 feet parallel to the south line of said Quarter -quarter section; thence South 0 degrees 25 minutes 45 seconds East 1288.00 feet to tho south line of said quarter -quarter section; thence South 89 degrees 34 min- utes 15 seconds west 308.13 feet along the south line of said quarter - quarter section to the point of beginning end containing 9.000 acres, more or less ALSO: A part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 18 North, Range 3 Eest in Hamilton County, Indi- ane, described as follows: Beginning at the southeast corner or said quarter -quarter section; thence South 89 degrees 34 minutes 15 seconds west 264.48 feet along the south line of said quarter -quarter section; thence North 0 decrees 25 minutes 45 seconds west 1208.00 feet; thence North 89 degrees 34 minutes 15 seconds East 276.66 feet parallel. to the South line of said quarter -quarter section to the east line; of said quarter -quarter section; thence South 0 degrees 06 minutes 45 seconds west 12e0.06 feet along the east line of said quarter -quarter rection to the point of beginning and containing 8.000 acres, more or less. Subject to en Electric Line Easement granted to Indianapolis Parer and Light Company affecting a strip of lend 10 feet in width located in thr Southeast Quarter of the Southwest Quarter of Section 32, Township 18 North. Range 3 East in Hamilton County, Indiene, the centerline of said strip being described es follows: Beginning et a pole' on the south line of said quarter -quarter Section North 89 degrees 34 minutes 15 seconds east a distance of 308.13 feet from the Southwest corner of said Quarter Quarter Section thence North 00 degrees 25 minutes 45 seconds west, a distance of 500 feet and there terminating, as recorded in Deed Record 264, page G05 es Instrument Number 1305. SCHEDULE H 1. Annual assessment of $10.00 for repair and maintenance of J. W. Brendel Legal Drain, assessed under Duplicate No. 12575. Installment due 1997 is paid. 2. Possible municipal assessments, sewer use charges, and/or impact fees levied by Clay Township Regional Waste District. 3. Possible easements for drainage ditches and tile drains. Transmission Corporation recur. .:... 25, 1935 in Miscellaneous Record 32, page 224, ame . ed by Amendment of Agreement recorded anua • - • 84 in Miscellaneous Record 177,