Hazel Dell - Spring Creek Owners Association -1iI c ��;c+
oeror 1Ye APPROVE AS To
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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.
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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.