Springmill Streams - Dedication - Brenwick Development El REVIEWED BY HAMIILTON 0903042008 AMENDMENT 9$PGS00
COUNTY AUDITOR'S OFFICE Jennifer J Hayden
CROSS REF: 30 S HAMILTON County Recorder IN
day of pk 20 1 Recorded as Presented
INST. #84 -8861
P.B. 11, Pages 31 -32
SPRINGMILL STREAMS
SECTION 2
SECONDARY PLAT AMENDMENT
PART OF THE SE 1 A SEC. 27 T18N R3E
HAMILTON COUNTY, INDIANA
THIS SECONDARY PLAT AMENDMENT IS FILED FOR THE PURPOSE OF ACCEPTING THE
DEDICATION AND GRANT OF A CERTAIN ACCESS EASEMENT AND PRIVATE STREET SHOWN
WITHIN SPRINGMILL STREAMS SECTION 2, a Subdivision in the CITY of CARMEL, HAMILTON
COUNTY, INDIANA, the Plat of which is recorded as INSTRUMENT No. 84 -8861 in PLAT BOOK 11, PAGES 31-
32, in the OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
I, the undersigned, Chairman of the BRENWICK DEVELOPMENT COMPANY, INC., SUCCESSOR IN INTEREST
TO SPRINGMILL PROPERTIES "Brenwick do hereby Dedicate, Grant and Petition for the Acceptance of the
following access easement and private street within SRINGMILL STREAMS on behalf of Brenwick:
A 30 -foot Wide Access Easement and 19 -foot wide
Private Street Adjacent to and Serving
Lots #37, #38, #39, 40,
#41 and #42, being an Extension of Cornwall Court
DEDICATION AND GRANT OF PUBLIC RIGHT -OF -WAY:
THIS INDENTURE WITNESSETH:
That BRENWICK DEVELOPMENT COMPANY, INC., SUCCESSOR IN INTEREST TO SPRINGMILL
PROPERTIES (the "Grantor hereby grants and conveys, with no reversionary rights whatsoever retained, all of
Grantor's rights, title and interest in the real property which is located in the City of Carmel, Hamilton County, Indiana,
and described in Exhibit "A" attached hereto and made a part hereof, to the City of Carmel, Indiana "Grantee
I, Tom Charles Huston, Chairman of the BRENWICK DEVELOPMENT COMPANY, INC., SUCCESSOR IN
INTEREST TO SPRINGMILL PROPERTIES, have been duly authorized by the Board of Directors of the Brenwick
Development Company, Inc., to execute this Dedication and Grant of Public Right -of -Way, and all necessary actions
authorizing this Dedication have been taken by Grantor.
IN WITNESS WHEREOF, Grantor has executed this Dedication and Grant of Public Right of Way as of the
day of� Ste— 008.
Tom Charles Huston, Chairm.
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1152699v2
STATE OF INDIANA
COUNTY OF HAMILTON
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
aclrnowledged executing the foregoing Dedication and Grant of Public Right -of -Way.
Witness'my:handand Notarial Seal this 94.4day of k n X2008.
t J f. T, VLi[
t to y Public
o hk (printed)\
1 NFIS ION" XPIRES hp 2 Y
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4 OFRE DNCE. (N- 1d v.`c
page 2
1152699v2
I. the undersigned, President of the Board of Directors of the SPRINGMILL STREAMS HOMEOWNERS ASSOCIATION,
INC. (the "Association established pursuant to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SPRINGMILL STREAMS, recorded in DEED RECORD #325, PAGES 590 TO 610 and as
periodically amended thereafter. in the OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. do hereby
Dedicate, Grant and Petition for the Acceptance of the following access easement and private street within SPRINGMILL
STREAMS, SECTION 2 on behalf of said Association:
A 30 -foot wide Access Easement and 19 -foot wide
Private Street Adjacent to and Serving
Lots #37, #38, #39, #40
#41 and #42 being an Extension of Cornwall Court
DEDICATION AND GRANT OF PUBLIC RIGHT -OF -WAY:
THIS INDENTURE WITNESSETH:
That the SPRINGMILL STREAMS HOMEOWNERS ASSOCIATION (the "Grantor hereby grants and conveys, with no
reversionary rights whatsoever retained, any and all of Grantor's rights, title and interest in the real property which is located
in the City of Carmel, Hamilton County, Indiana. and described in Exhibit "A" attached hereto and made a part hereof, to the
City of Carmel, Indiana "Grantee subject to the following:
The Association acknowledge and agree that (i) the City will maintain the existing private street and access
easement in its current configuration (being 19 -feet of asphalt pavement per the as -built pavement section);
without curbs and gutters; without drainage infrastructure; and without concrete sidewalks); (ii) the City
will maintain the existing private street and access easement in its current condition; and (iii) the City will
not improve the existing private street or access easement or install additional infrastructure therein unless
necessitated by emergency or other public safety concerns.
I. Tom Schlehuber, President of the SPRINGMILL STREAMS HOMEOWNERS ASSOCIATION, INC., have been duly
authorized by Grantor to execute this Dedication and Grant of Public Right -of -Way, and all necessary actions authorizing
this Dedication have been taken by Grantor.
IN WITNESS WHERE' Gr. as executed this Instrument as of the day of J V` 2008.
M
Tom hlehuber, President, Springmill Streams Homeowners Association, Inc.
STATE OF INDIANA 1
1
COUNTY OF HAMILTON 1
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
acknowledged executing the foregoing Dedication and Deed of Public Right -of -Way.
Witness my ha id and Notarial Seal this Of day of «n r? 2008.
Notary Publi+� GEORGIANNA S. JACKSON
•IVSS NOTARY PUBLIC STATE OF INDIANA
J
Notary Public (printed) HANCOCK COUNTY
tc;' d MY COMMISSION EXPIRES 06/11/16
MY COMMISSION EXPIRES:
COUNTY OF RESIDENCE:
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1152699v2
We, the undersigned, are the property owners (the "Adjacent Property Owners of record of real property adjacent to
and abutting the access easement and private street described herein and do hereby Dedicate, Grant and Petition for the
Acceptance of the following access easement and private street within SPRINGMILL STREAMS, SECTION 2:
A 30 -foot wide Access Easement and 19 -foot wide
Private Street Adjacent to and Serving
Lots #37, #38, #39, #40
#41 and #42 and being an Extension of Cornwall Court
DEDICATION AND GRANT OF PUBLIC RIGHT -OF -WAY:
THIS INDENTURE WITNESSETH:
That the Adjacent Property Owners, hereby grant and convey, with no reversionary rights whatsoever retained,
any and all of Grantor's rights, title and interest in such real property which is located in the City of Carmel,
Hamilton County, Indiana and described in Exhibit "A" attached hereto and made a part hereof, to the City of
Carmel, Indiana "Grantee subject to the following:
1. The Adjacent Property Owners shall not oppose any action on behalf of the City to (i) remove
any traffic control devices within the existing private street or access easement that do not
conform to current City standards and replace with such traffic control devices that conform to
current City standards; or (ii) any action by or on behalf of the City to erect new traffic control
devices within the existing private street or access easement.
2. The Adjacent Property Owners acknowledge and agree that (i) the City will maintain the existing
private street and access easement in its current configuration (being 19 -feet of asphalt pavement
per the as-built pavement section); without curbs and gutters; without drainage infrastructure; and
without concrete sidewalks); (ii) the City will maintain the existing private street and access
easement in its current condition; and (iii) the City will not improve the existing private street or
access easement or install additional infrastructure therein unless necessitated by emergency or
other public safety concerns.
IN WITNESS WHEREOF, the Adjacent Property Owners have executed this Instrument as of the i 4��'
day of J i_% 200008 it
,A--
M. T. r and eslie Carter Prall
Lot #37, 515 Cornwall Court
P rA 7- 00- 02- 010.000
IA
0_ L,
Robert D. Knapp and Marcia C. Knapp
Lot #38, 513 Cornwall Court
Parcel 17- 09- 27- 00 -02- 009.000
E izab i tchell
Lot #39, 501 Cornwall Court
Parcel 17- 09- 27- 00 -02- 008.000
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L.
L James C. Dillon and Susannah H. Dillon
Lot #40, 507 Cornwall Court
Parcel 1
e 17 27 00 \J 0 -02 -0 .000
V M
C 'A
Dr. ch d B. Linderman and Jane E. Linderman
Lot 511 Cornwall Court
Parcel 17- 09- 27- 00 -02- 006.001
f t/1
ear I�� A V j� n J
Thomas P. Laske d Betsy B. Laskey
Lot #42, 517 Cornwall Court `j
Parcel 17- 09- 27- 00 -02- 005.000 is Q
ti� 0
1
F ♦N.
STATE OF INDIANA 4,14,4r,,,,.\\-,,, a," i
COUNTY OF HAMILTON
'fie 1
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
acknowledged executing the foregoing Dedication and Grant of Public Right -of -Way.
Witness my hand and Notarial Seal this 7 day of
4:al__
2008.
NoPub}C
l c/q S O le
Notary Public (printed)
MY COMMISSION EXPIRES: °z` 2-4 l/
COUNTY OF RESIDENCE: L�
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CARMEL/CLAY PLAN COMMISSION CERTIFICATE:
Under authority provided by INDIANA CODE 36 -7 -4-405 36 -7-4 -710, and Ordinances adopted by the COMMON
COUNCIL OF THE CITY OF CARMEL, INDIANA, this Plat Amendment was given Administrative Approval by the
CITY OF CARMEL as follows:
Docket No. 08060005 SP Amend HPR granted Administrative Approval by the DEPARTMENT OF COMMUNITY
SERVICES pursuant to ARTICLE XI of the CARMEL /CLAY PLAN COMMISSION'S RULES OF PROCEDURE on
July 23 2008.
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
BY:
Micha'. Holliba Dir-ctor
Dep. ent of Co r:f r ity Services
Carmel, Indiana
This document prepared by: Douglas C. Haney
Carmel City Attorney
Carmel City Hall
One Civic Square
Carmel, IN 46032
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. Douglas C. Haney
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EXHIBIT A
LEGAL DESCRIPTION
CORNWALL COURT ACCESS EASEMENTAND PRIVATE STREET/RIGHT-OF
WAY DEDICATION
A PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH,
RANGE 3 EAST, more particularly described as follows:
Springmill Streams, Section Two
Street dedication shall include the 30' Access Easement as described on the Final Plat of
Springmill Streams, Section 2 recorded as Instrument No. 84 -8861 in Plat Book 11, Pages 31 and
32 in the Office of the Recorder of Hamilton County.
CONTAINING 0.239 ACRES (10,395 SQUARE FEET), more or less
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STREET DEDICATION EXHIBIT A PART OF THE SOUTHEAST QUARTER (1/4) SECTION 27, TOWNSHIP 18
NORTH, RANGE 3 EAST, HAMILTON COUNTY, INDIANA
SPRINGMILL STREAMS, SECTION TWO
1
I
LOT 43 i �y� SE CORNER, SE 114,
LOT 4y t SEC. 27, T 18 N, R 3 E
N 5y 4' LOT41 40
N
LOT44 _r LOT 39
I L
��m
i
CURVE 13
LOT 45 86UE
_�15g 6� g1RVE�1 1 18 Ni
I
I 30' RIGHT-OF-WAY
FORMERLY obi
A' EASEMENT PER PLAT
Si 4 :I/ y 7 L 3, LOT 38 y 4�
'1 ti
/J C� G� 74
1 1 4 PREPARED BY:
CURVE DATA
NUMBER Q RADIUS LENGTH CH BEARING CH LENGTH 40 0 40 80
0 ..S�;s,
1 2742 915.30 FT 362.88 11 11 3738'32 W 380.49 FT a' Mt- x SW comm. SE 114, SEA v 3 ^A
2 3635•22 50.00 FT 31.93 FT 11 46'54'52 E 3139 FT o-,.
3 213529' 885.30 FT 33582 FT S 38'29'42' E 331.65 FT SCALE: 1" 40' SEC. 27, T 18 N, R 3 E
E UO 5R
OAfl
i f\1I.IN1.1 US. 1
This exhibit represents a portion of The Final Plat of Springmill Stream, Section Two recorded as Instrument ransporta o
No. 84 -8881 in Plat Book 11, Pages 31 and 32 in the Office of the Recorder of Hamilton, County with the Development Consultants
H SIIIIN I ftEDI COL 1601 40) 7/0-1555
intention of ducting the mdsting 30' Access Easement to be ceding as a 30' Right-of-Way. FEBRUARY 4, 2008
ACCEPTANCE OF DEDICATION AND GRANT OF PUBLIC RIGHT -OF -WAY:
WHEREAS, the foregoing Grantors have this day filed with the City of Carmel, Indiana "City"), their respective
Dedications and Grants of certain real property to the City for the purpose of establishing a City right -of -way, which
Dedications and Grants are hereinabove set forth;
AND WHEREAS, the City believes that said grant and acceptance of the access easement and private street to the City
are desirable and necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication
and Grant, and orders that the Dedications and Grants described herein be recorded in the Recorder's Office of the
County of Hamilton, State of Indiana, and that access easement and private street described herein be, and the same
hereby is, declared open and dedicated to the City as a public right of way (the "Public Right of Way
This Plat Amendment was given approval and the Public Right -of -Way accepter} by the BOARD OF PUBLIC WORKS
SAFETY of the CITY OF CARMEL, Indiana, at a meeting held on the (47 day of S f
2008.
SO ORDERED: CITY OF CARMEI •OARD OF PUBLIC WORKS SAFETY
4 0 (4. A al
James Brainard, Mayor
Date: Q`I(D
Lori Watson
Date V(0 /0 f6 A
Mary Ar Burke
Date: 13
Sandra M. Johnson,
ATTEST: A Deputy Clerk for
1 t /L_Ai A
1 aria Cordray, IA i ir lerk- Treasurer
Date: g /di
ge,01 iltA 6 deaNira-etinScy
c 2 t o f C'_
Q,.ve....C.A.Ac. SR
4too3 2
1152699v2