131st at Hazel Dell - Deed of Gift-Lynnwood Farms DEED OF GIFT FOR WATER WELL PURPOSES
THIS INDENTURE, made by and between LYNNWOOD FARM ASSOCIATES,
L.P., an Indiana limited partnership "Grantor and the CITY OF CARMEL, INDIANA,
acting by and through TI IE CARMEL BOARD OF PUBLIC WORKS AND SAFETY
"Grantee having an office mailing address at One Civic Square, Carmel, Indiana- 46032,
WITNESSES:
RECITALS
WHEREAS, Grantor is the owner of approximately 535 acres of real estate in the
City of Carmel, Indiana, commonly known as Lynnwood Farm "Lynnwood Farm and
Grantor is in the process of developing Lynnwood Farm, including approximately 195 acres
thereof (the "Plum Creek Golf Course Property for which the Carmel Board of Zoning
Appeals has approved a Special Use Application under Docket No. SU -8 -94 for the
construction and operation of a golf course (intended to be named and herein called "Plum
Creek Golf Course pursuant to plans filed with the Department of Community
Development.
WHEREAS, Grantee is seeking to expand its capacity for water delivery service by
locating new well sites suitable for water production, and Grantor allowed Grantee to enter
upon Lynnwood Farm to drill test wells as a part of its project of mapping potential high
water production areas in the City of Carmel.
WHEREAS, one of the test wells, drilled near the planned fairway for one of the
playing holes on the Plum Creek Golf Course Property, is located within an area identified
as a potential high production area (the "Test Well
WHEREAS, the use of the Test Well for production purposes would save the
potential cost to Grantee of drilling a new production well, and Grantee has indicated a
willingness to pay $40,000 to acquire a well site as depicted on Exhibit A, attached hereto,
consisting of the Test Well, an immediately surrounding area of approximately 10' by 50'
(the "Well Head Site," as more particularly described on Exhibit A -1 attached hereto and
made a part hereof) and a surrounding area (including the Well Head Site) of
approximately 5 acres (the "Well Property," as more particularly described on Exhibit A -2
attached hereto and made a part hereof).
WHEREAS, Grantor has expended substantial sums in the acquisition, planning and
development of Lynnwood Farm and Plum Creek Golf Course, and planning and
development has proceeded to the stage that the costs to reconfigure the Plum Creek Golf
Course, if that is even possible, would be several million dollars, and the consequential
damages of doing so, in terms of the diminution in the value of the course, are incapable
of estimation, and, therefore any loss of the Well Property would be tantamount to a Toss
of the entire Plum Creek Golf Course.
WHEREAS, Grantor is nonetheless willing to convey the Well Property to Grantee,
as a charitable gift and not a sale, provided that (a) Grantor reserves full rights to possess
and use the Well Property, to the same extent as if Grantor were the owner of said
property, except that Grantor's use shall he limited to golf course purposes, all as more
particularly provided in a certain instrument captioned EASEMENT AND COVENANTS
RESPECTING WATER WELL PROPERTY (the "Easement and Covenants between the
parties dated May 18, 1994, and recorded in the Office of the Recorder of Hamilton
County, Indiana, as Instrument No. (b) Grantee's use of the Well Property
shall he limited to water well purposes, on the terms and conditions set forth herein and
in the Easement and Covenants.
WHEREAS, Grantee favors the development of golf courses, including the Plum
Creek Golf Course, as a means of preserving open space and recreational facilities; Grantee
would incur additional drilling costs, as well as land acquisition costs, to obtain an alternate
well access to the production are in the vicinity of the Well Property; and Grantee is willing
to accept this deed of gift for well purposes, including the rights reserved to Grantor in the
Easement and Covenants, on the terms and conditions set forth herein and therein.
CONVEYANCE
NOW, THEREFORE, in consideration of the premises, Grantor CONVEYS to
Grantee the Well Property, located in Hamilton County, Indiana and more particularly
described in Exhibit A -2 (which includes the Wellhead Site as described in Exhibit A -1),
together with easements and covenants as set forth in the Easement and Covenants (as
defined above), and subject to the lien of nondelinquent real estate taxes, and to the lien
of any and all assessments and sewer use charges due and payable from and after the date
hereof, and subject to the following:
1. All easements, covenants and rights reserved to the Grantor as set forth in
the Easement and Covenants (as defined above), and a right of reverter in favor of
Grantor, its successors and assigns, in the event the Grantee shall fail within a
reasonable time to install the well as provided for in the Easement and Covenants,
or shall abandon the well or otherwise cease to use the Well Property for Water
Well Purposes (as defined in the Easements and Covenants).
2. All rights of the public, the State of Indiana and any political subdivision of
the State of Indiana (including without limitation, counties and municipalities) in and
to that part of the Well Property, if any, which has been or is proposed to be taken
or used for highways, streets, rights -of -way, drainage, legal drains or any other
purposes.
3. All easements, restrictions, covenants, licenses, agreements, conditions and
other matters of record.
4. All boundary line disputes, encroachments, overlaps, and all other matters that
would be disclosed by an accurate survey and inspection of the Well Property.
5. All zoning and land use laws and other applicable ordinances, rules and
regulations affecting the Well Property.
Grantor covenants and agrees with Grantee that the Water Well Property herein
t
conveyed is free and clear of all encumbrances made or suffered by Grantor, with the
exceptions listed herein, and that Grantor and its successors, subject to said exceptions, shall
warrant and defend the same unto Grantee forever against the lawful claims and demands
of all persons claiming by, through or under Grantor, but against none other.
IN WITNESS WHEREOF, Grantor has caused this Deed of Gift to be executed this
25th day of May, 1994.
LYNNWOOD FARM ASSOCIATES, L.P.
B A t%
Michac Browni
General Partner
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
Michael G. Browning, by me known and by me known to be the general partner of
Lynnwood Farm Associates, L.P., who acknowledged execution of the foregoing General
Warranty Deed, and who, having been duly sworn, stated that any representations therein
contained are true.
Witness my hand and Notarial Seal this 25th day of May, 1994.
Notary Public
Carol A. Kelly
Printed Signature
My commission expires: May 2, 1995
I reside in Hamilton County, Indiana.
This,instrument was prepared by: Rory O'Bryan, Attorney at Law, Baker Daniels, 300
N. Meridian Street, Indianapolis, Indiana 46204.
After recording return to: Rory O'Bryan, Attorney at Law, Baker Daniels, 300 N.
Meridian Street, Indianapolis, Indiana 46204.
Send tax hills to: City of Carmel, Indiana, Board of Public Works and Safety, One Civic
Square, Carmel, Indiana 46032
-3-
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SECTION 27- T18N -R4E NORTH LINE S.W.1 /4
SECTION 27- 7184 -R4C
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EXHIBIT A -1
WATER WELL SITE NO. 1
LAND DESCRIPTION
(WELL HEAD SITE)
PART SW 1/4, 27 -18 -4
Part of the Southwest Quarter of Section Twenty seven (27) in Township Eighteen (18)
North, Range Four (4) East in Hamilton County, Indiana, described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 27; thence
South 44 degrees 13 minutes 26 seconds East (assumed bearing) a distance of 341.55 feet
to the Point of Beginning; thence North 89 degrees 50 minutes 26 seconds East parallel
with the north line of said Southwest Quarter Section a distance of 10.00 feet; thence South
00 degrees 17 minutes 50 seconds West parallel with the west line of said Southwest
Quarter Section a distance of 50.00 feet; thence North 89 degrees 50 minutes 26 seconds
West parallel with the north line of said Northwest Quarter Section a distance of 10.00 feet;
thence North 00 degrees 07 minutes 50 seconds West parallel with the west line of said
Northwest Quarter Section a distance of 50.00 feet to the Beginning Point, containing 500
square feet, more or less.
\034 \mgblynn exhibit .�l
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EXHIBIT A -2
WATER WELL SITE NO. 1
LAND DESCRIY'I'ION
(WELL PROPERTY)
PART SW 1/4, 27 -18 -4
A PART OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH,
RANGE 4 EAST IN I- IAMILTON COUNTY, INDIANA AND BEING A PART OF THE
LAND OF LYNNWOOD FARM ASSOCIATES, L.P. F /K /A LYNNWOOD FARM
ASSOCIATES, LTD. (INSTRUMENT NO. 8809203, OFFICE OF THE 1- IAMILTON
COUNTY RECORDER), AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT TI -IE NORTHWEST CORNER OF TI -IE SOUTHWEST QUARTER
OF SAID SECTION 27; THENCE SOUTH 89 DEGREES 50 MINUTES 26 SECONDS
EAST (ALL BEARINGS ASSUMED) ALONG THE NORTI 1 LINE OF SAID
SOUTHWEST QUARTER 450.00 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES
50 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER 300.48 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE
RIGIIT HAVING A RADIUS OF 200.00 FEET, A RADIUS POINT BEARING NORTH
89 DEGREES 42 MINUTES 10 SECONDS WEST AND A CENTRAL ANGLE OF 89
DEGREES 51 MINUTES 44 SECONDS; THENCE SOUTHWESTERLY, WESTERLY
AND NORTHWESTERLY ALONG SAID CURVE 313.68 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 89 DEGREES 50 MINUTES 26 SECONDS WEST
250.48 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER;
THENCE NORTH 00 DEGREES 17 MINUTES 50 SECONDS EAST ALONG SAID
WEST LINE 500.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.97
ACRES, MORE OR LESS.
SUBJECT TO ALL IIIGHWAYS, RIGHTS -OF -WAY, EASEMENTS AND
RESTRICTIONS OF RECORD.
\034 \mgblynn \exhibit...2