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HomeMy WebLinkAboutMain Street Reconstruction - Anthony Insurance PartnershipDULY ENTERED FOR TAXATION° Subject to final acceptance for transfer IO day /n1off-" fLA�AA��- , 20L M ea ah. Aultor of Fanilton County Parcel # t2 ./W 2015011024 WARR DEED $24.00 03/10/2015 01:56:34P 5 PGS Jennifer Hayden HAMILTON County Recorder IN IIIIIIII !IIIIIIIIIIIIIIIIliVIIIIIIIIIII IIIIIIIIIIIIGII MilliIIIIIII WARRANTY DEED Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 15 THIS INDENTURE WITNESSETH THAT Anthony insurance Partnership (individually and collectively the "Grantor "), conveys and warrants to the City of Carmel, Indiana ( the "Grantee "), for the sum of Twenty Thousand Eight Hundred Forty -Five and NO /00 Dollars ($20,845.O0) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See attached Exhibits A and B, which are attached hereto and incorporated herein Subject to any and all easements, agreements, restrictions and other matters of record. 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 real estate herein described (excepting any parcels or portions thereof that are specifically and expressly designated as easements or temporary rights 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 the Grantor. The undersigned represent and warrant that they are the Partners of the Grantor; that the Grantor is a partnership validly existing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real estate interest described; that pursuant to a resolution of the partners of the Grantor or the Partnership Agreement of the Grantor they have full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; that they are therefore, fully authorized and empowered to convey to the City of Carmel, Indiana, real estate of the Grantor, and that on the date of execution of said conveyance instruments they had full authority to so act; and that all necessary partnership action for the making of this conveyance has been duly taken i IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this i day of #a veN d er- 2014. GRANT : Qpthh nsurance Partnership Printe . . Printed: Title: Rap ay,' y �R'rfaas- Title: EXEMPT FROM SALES DISCLOSURES Des. No.: ] 400673 Project: Main Street Reconstruction Parcel: 15 NOTARY CERTIFICATION STATE OF INDIANA ) ) SS: COUNTY OF Pain; 1k^ ) Before me the undersigned, a Notary Public in and for said County and State, personally appeaier Anthonjlnsurance Partnership, By: Jam, S T 4n), 'nervy Mau „frig Parb r who acknowledged the execution of the foregoing Warranty Deed for and on"behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this a5. day of November , 24R. holy My Commission Expires: 9 /as" /?Oaa County of Residence: Worn;J�on Notary Si enn;kr i„fy/et Notary Printed Name This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Cannel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. 831461»1 2 EXHIBIT "A" Project: Main Street Improvements Parcel: 15 - Fee Simple Key No: 29 -09 -26 -203- 022.000.018 Sheet 1 of 1 A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B ", described as follows: Commencing at the Southeast corner of said Quarter section, said corner designated as point "802006" on said plat; thence along the south line of said quarter section, South 89 degrees 06 minutes 43 seconds West {assumed) 173.80 feet; thence North 00 degrees 07 minutes 07 seconds East 45.00 feet to the southwest corner of that 0.43 acre parcel described in Instrument Number 9609644558, recorded in the Office of the Recorder of Hamilton County, Indiana, said corner being the Paint of Beginning of this description: thence North 00 degrees 07 minutes 07 seconds East 51.64 feet along the west line of said 0.43 acre parcel; thence North 89 degrees 24 minutes 49 seconds East 46.05 feet to point "505" designated on said plat; thence North 65 degrees 06 minutes 17 seconds East 60.99 feet to point "506' designated on said plat; thence South 52 degrees 24 minutes 07 seconds East 11.28 feet to point "S07" designated on said plat and the northwest boundary of 01d Meridian Street; thence South 65 degrees 27 minutes 47 seconds West 30.18 feet along the northwest boundary of said Old Meridian Street; thence South 41 degrees 51 minutes 25 seconds West 77.90 feet along said northwest boundary to the north boundary of Main Street; thence South 89 degrees 20 minutes 55 seconds West 30.98 feet along the north boundary of said Main Street to the point of beginning and containing 0.077 acres, more or less. This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana Registered Land Surveyor, License Number 20500009, on the 2nd day of July, 2014. 0500t. 009' $ STATE OF EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared For Indiana Department Of Transportation by: AMERICAN Temporary R/W for grading STRUCTUREPOINT NC. SHEET 1 OF 2 0 25' 50' SCALE: 1 " =50' 210.00' LINE „F4" 130.70' 173.8' EX R/W MAIN STREET / Ap; HATCHED AREA I5 THE APPROXIMATE TAKING OWNER: PARCEL: 15 CODE: PROJECT: Main Street Improvements ROAD: Main Street COUNTY: Hamilton SECTION: 26 TOWNSHIP: 18 North RANGE: 3 East Anthony Insurance Partnership DRAWN BY: TLM CHECKED BY: TLM DES. NO.: 1400673 Inst. No. 9609644558, dated June 19, 1996 Sell -offs: Inst. No. 200300107711 (re- recorded as Inst. No. 200400023085) THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.) EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared For Indiana Department Of Transportation by: AMERICAN STRUCTUREPOINT INC. POINT REFERENCE CHART (Feet) SHEET2OF2 Point North East I Station I Offset Q 210, 211 SEE LOCATION CONTROL ROUTE SURVEY PLAT 802027 802006 503 35844.5638 45234.5042 64 +26.63 60.00 L Line F4 504 35838.7506 45267.3611 64 +60.00 60.00 L Line F4 505 35839.5835 45348.7509 65 +40.00 75.00 L Line F4 506 35865.2560 45404.0696 65 +90.00 109.92 L Line F4 507 35858.3736 45413.0073 66 +00.00 104.70 L Line F4 SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No. 2014025485 in the Office of the Recorder of Hamilton County, Indiana, incorporated and made a part hereof by reference, comprise a Route Survey executed in accordance with Indiana Administrative Code 865 LAC 1 -12 ( "Rule 12 "). Lffi 7/L Zo /y Tracy L. McGill Date Reg. Land Surveyor No. 20500009 State of Indiana \`\0u U 1J 11111jq/ c� ' Mcc'0 o No. _ * : 20500009 j STATE OF ' "�ic9A. /NDIAN'..: ..' %: iiiiinSsiljniRtt‘“ONN NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: PARCEL: 15 CODE: PROJECT: Main Street Improvements ROAD: Main. Street COUNTY: Hamilton SECTION: 26 TOWNSHIP: 18 North RANGE: 3 East Anthony Insurance Partnership DRAWN BY: TLM CHECKED BY: TLM DES. NO.: 1400673 AMERICAN STRUCTUREPOINT, INC PROJECT NO. 201400444 THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.) 2015011025 EASEMENTS $20.00 03/10/2015 01:56:34P 5 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented I VIII I VIII I I III I I III I IIV I II I lilll IIII I VIII VIII III II IIBI IIII IIII Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 15A Cross Reference to Prior Decd of Record: Warranty Deed, Instrument Number 9609644558, in the Office of the Recorder of Hamilton County, Indiana TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (this "Agreement ") is made and entered into this ar day of Alpo em bv-r , 2014, by and between Anthony Insurance Partnership, ( "Grantor ") and the City of Carmel, Indiana ( "Grantee "). RECITALS A. Grantor own certain real property (the "Grantor's Parcel ") located in Hamilton County, Indiana, more particularly described as follows: See Exhibit A attached hereto and incorporated herein. B. Grantee, in connection with Grantee's construction /improvement of Main Street (the "Project"), requires a temporary easement for the duration of the Project for purposes of constructing that portion of the Project located upon and /or adjacent to the Grantor's Parcel. Such temporary easement area (herein referred to as the "Temporary Easement Parcel ") is more particularly described as follows: See Exhibit B attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grants of casements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: I. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement Parcel for all purposes related to the construction of the Project, including, but not limited to, the storing of equipment and the staging of the construction of the Project. Upon the earlier of the date of final completion of the Project or three (3) years from the date hereof, such temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition as existed prior to the commencement of the Project, except as reasonably modified by the Project. 2. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the right to use the Temporary Easement Parcel for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Grantee, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee 832365v1 1 Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 15A as part of the Project, as well as the right of access over and across the Temporary Easement Parcel to and from public streets adjacent to the Temporary Easement Parcel via Grantor's existing driveway or any future driveway. 3. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with all the benefits thereof, shall run with the Grantor's Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantor's Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Grantor's Parcel and the Temporary Easement Parcel, as applicable, shall run with the Grantor's Parcel and the Temporary Easement Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. 4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR: nthon nsurance Partnership GRANTEE: City of Carmel, Indiana By: �i By: Printed• __ Printed: Title: %Maj. /4y Allier Title: 832365v1 2 STATE OF INDIANA ) ) SS: COUNTY OF non; Iron ) Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 15A Before me, a Notary Public in and for said County and State, personally appeared Anthony Insurance Partnership, By: James i 4n +no(Ny, P1 mAijiruyj Pcu w' and the Grantor, and who, having been duly sworn, acknowledgedihe truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this D5 day of /Lbdlrnhe / , 20 1 / is Noiry Publi•1 1 Jenn; r Printed Name My commission expires go I es: q 1aS /pogo 1 am a resident of J-JCen; I4-or■ County, Indiana STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) L✓yle7 Before me, a Notary Public in and for said County and State, personally appeared , the of Grantee, who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement for and on behalf of said Grantee. Witness my hand and Notarial Seal this day of , 20 . My commission expires: Notary Public 1 am a resident of County, Indiana Printed Name This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number in this document, unless it is required by law. Douglas C. Haney 832365v1 3 EXHIBIT "A" A part of the Northeast Quarter (NE 1/4) of Section 26 and part of. the Northwest Quarter (NW 1/4) of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Starting at the Southeast Corner of said Northeast Quarter; thence West along the south line of same 173.80 feet; thence North parallel with the East line of said Northeast Quarter 45.00 feet to the place of beginning; thence continuing North of the same line 110.00 feet; thence East and parallel to the South line of said Northeast Quarter 210.00 feet to the Northwesterly right of way of U.S. Road 31; thence Southwest and along said right of way 137.20 feet to a point.45.00 feet north of the South line of said Northeast Quarter; thence West 130.70 feet to the place of beginning; containing in all 18,738 square feet or .043 acres, more or less. SUBJECT to all easements, covenants, conditions, liens encumbrances and restrictions of record, and the real estate taxes due and payable in May, 1996, and all, subsequent real estate taxes. EXFIIBIT "a" Project: Main Street Improvements Parcel: ISA - Temporary Right -of -Way for Grading Key No: 29- 09 -26- 203 - 022.000 -018 Sheet 1 of 1 A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of said Quarter section, said corner; thence along the south line of said quarter section, South 89 degrees 06 minutes 43 seconds West(assumed) 173.80 feet; thence North 00 degrees 07 minutes 07 seconds East 45.00 feet to the southwest corner of that 0.43 acre parcel described in Instrument Number 9609644558, recorded in the Office of the Recorder of Hamilton County, Indiana, thence North 00 degrees 07 minutes 07 seconds Fast 51.64 feet along the west line of said 0.43 acre parcel to the Point of Beginning of this description: thence North 00 degrees 07 minutes 07 seconds East 7.00 feet along said west line; thence North 89 degrees 24 minutes 49 seconds East 36.26 feet; thence North 65 degrees 25 minutes 32 seconds East 67.83 feet; thence South 37 degrees 06 minutes 28 seconds East 20.46 feet; thence North 52 degrees 24 minutes 07 seconds West 11.28 feet; thence South 65 degrees 06 minutes 17 seconds West 60.99 feet; thence South 89 degrees 24 minutes 49 seconds West 46.05 feet to the point of beginning and containing 0.022 acres, more or Tess. This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana Registered Land Surveyor, License Number 20500009, on the 211d day of July, 2014. Revised 9/03/2014 `- ,03/40 Na 0500009 �TgiE 0: 04.