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HomeMy WebLinkAboutSt. Christopher's Church - Main Street ReconstructionDULY ENTERED FOR TAXATIbNiAfroo Subject to final acceptance for transfer 27 ' day of MAy , 20L� Auditor of Hamilton County Parcel WARRANTY DEED 2015025151 WARR DEED $24.00 05/27/2015 01:17:44P 5 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented I IIIII IIIIIIIIIIIIIII11111111111111111111111111111111111119IIIII111 Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 5 THIS INDENTURE WITNESSETH THAT St. Christopher's Episcopal Church of Carmel (individually and collectively the "Grantor"), conveys and warrants to the City of Carmel, Indiana ( the "Grantee"), for the sum of Thirty -One Thousand Nine Hundred and NO/00 Dollars ($31 900.00) 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 aeritrdOqqu f4 ado( of the Grantor; that the Grantor has full capacity to convey the real estate interest described; that pursuant to a resolution of the Church they have full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; that they are therefore, fully authorized and empowered to convey to the City of Carmel, Indiana, real estate of the Grantor, and that on the date of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 IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 1144"day of Marto. , 2615- GR 015 GR TOR: St. Ch stopher's Episcopal Church of Carmel testa Prin ed: Ron 1- O/co? Title. gat( 4401:k( 146.Er47 Printed: 12 -EV. 5 VdFjJ N. (Act) Title: 72-E Crag-- NOTARY CERTIFICATION STATE OF INDIANA ) SS: COUNTY OF HAMILTON/ ) Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 5 Before me the undersigned, a Notary Public in and for said County and State, personally appeared St. Christopher's Episcopal Church fo Carmel. By: e.outt W.61601: F1u1HotIZED {Asir, quo Rev. Svow Q. F1u><s &roe , 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 1141' My Commission Expires: 11/214-1-4, 201. County of Residence: /4 VW NANCY HERMANN Marion County My Commission Expires August 4,2016 day of MARCH . 2015 NQi1Ct/ {tuntA ti l Notarytkinted Name This instrument was prepared by Douglas C. Haney, Cannel 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, Cannel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. 831464v1 2 EXHIBIT "A" Project: Main Street Improvements Parcel: 5 - Fee Simple Key No: 29-09-26-000-005.001-018 Sheet l of l 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 Southwest corner of said Quarter section, said corner designated as point "802027" on said plat; thence along the south line of said quarter section, North 89 degrees 06 minutes 43 seconds East(assumed) 372.82 feet to the southwest corner of that 0.925 acre parcel described in Instrument Number 200500059082, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 0 degrees 53 minutes 17 seconds West 60.00 feet along the west line of said 0.925 acre parcel to the north boundary of Main Street; thence North 89 degrees 06 minutes 43 seconds East 437.95 feet along the north boundary of said Main Street to the Point of Beginning of this description designated as point "500" on said plat; thence North 69 degrees 03 minutes 33 seconds East 127.75 feet to point "501" designated on said plat; thence North 39 degrees 32 minutes 33 seconds East 39.41 feet to the west boundary of Grand Boulevard and point "502" designated on said plat; thence South 00 degrees 11 minutes 43 seconds West 73.81 feet along said west boundary to the north boundary of said Main Street; thence South 89 degrees 06 minutes 43 seconds West 144.17 feet along said north boundary to the point of beginning and containing 0.094 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 ht day of July, 2014. ti O o 0 . v Gno EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared For Indiana Department Of Transportation by: AMERICAN STRUCTUREPOINT INC. Sell—off Inst. No. 200905419 512.00' SHEET 10F2 o so' 100' SCALE: 1"=100' Sell—off Inst. No. 2007060171 EX R/ Residue "A" Temporory R/W for drive construction Temporory R/W for grading R/W Dedication Inst No. 200500059082 671.00' (502 GRAND BLVD MAIN STREET LINE "F4" EX R/ HATCHED AREA I5 THE APPROXIMATE TAKING OWNER: PARCEL: CODE: PROJECT: ROAD: COUNTY: SECTION: TOWNSHIP: RANGE: St. Christopher's Episcopal Church 5 Main Street Improvements Main Street Hamilton 26 18 North 3 East DRAWN BY: TLM CHECKED BY: TLM DES. NO.: 1400673 Inst. No. 20040024404, dated April 16, 2004 Sell -offs: Inst. No. 200500059082; Inst. No. 200500068465 Inst. No. 2007060171; Inst. No. 2009054195 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 SHEET 2OF2 Point North East Station Offset Q 204, 205 SEE LOCATION CONTROL ROUTE SURVEY PLAT 802027 802006 500 35776.4149 43621.7734 48+20.00 46.17 L Line F4 501 35822.0742 43741.0879 49+40.00 90.00 L Line F4 502 35852.4621 43766.1756 49+65.55 120.00 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 IAC 1-12 ("Rule 12"). 7/720,1 Tracy L. McGill Date Reg. Land Surveyor No. 20500009 State of Indiana °\ c L � Mac 0,, s P.'4 .i TfRE...�l -i No. * 20500009 * �'.. STATE OF �'' 1 311R,.•`‘ NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. 2 OWNER: PARCEL: CODE: PROJECT: ROAD: COUNTY: SECTION: TOWNSHIP: RANGE: St. Christopher's Episcopal Church 5 Main Street Improvements Main Street Hamilton 26 18 North 3 East 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. 2015025152 AGREEMENT $24.00 05/27/2015 01:17:44P 6 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 5A and 5B Cross Reference to Prior Deed of Record: Warranty Deed, Instrument Number 200400024404, 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 1'1'= day of Maga , 1015 , by and between St. Christopher's Episcopal Church of Cannel, ("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 and depicted as follows: See Exhibits B and C 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 easements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. 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 as near as practical the condition that existed prior to the installation of the project. 2. Temporary Construction Easements. Temporary Construction Easement 5A (as shown on the attached Exhibits) shall be used for grading in connection with the installation of the roundabout at Main Street and Grand Boulevard. Temporary Construction Easement 5B (as shown on the attached Exhibits) shall be used in connection with the reconstruction of the Grantor's driveway on Grand Boulevard. All of the construction activities are detailed in those certain Construction Documents prepared by American Structurepoint certified by Wing Lau on July 30, 2014, being compromised of 95 sheets (the "Construction Documents"). The construction activities on the Temporary Construction Easements shall comply in all material respects with the Construction Documents. 832365v1 1 Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 5A and 5B 3. 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 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. 4. 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. 5. 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. 832365v1 [Signature page follows] 2 • IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANT St. Christo1' ex's Episcopal Church of Cannel �} By: Btag'1 > By: 4). Rona Printed: £i/G'ebT Printed: ZS(E,It in ti -i4ceS Title: AerNOR/.LED 4-4ENT 461-66--- Title: GRANTEE: City of Carmel, Indiana By: ( By: Printed: Printed: Title: Title: 832365x1 3 STATE OF INDIANA ) ) SS: COUNTY OF liptmuft4 ) 1 Des. No.: 1400673 Project: Main Street Reconstruction Parcel: 5A and 5B NANCY HERMANN Marion County My Commission Expires August4, 2016 Before me, a Notary Public in and for said County and State, personally appeared St. Christopher's Episcopal Church of Carmel, By: (Za1EL W.(ziFar, Auilo[IZED 16K REV. STEPRE& A. Fla gairDe and the Grantor, and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this I fi"day of RAROI- , 2015. My commission expires: >`tltG,usT 4, tug_ 1 am a resident of /l/At/6,/ County, Indiana STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Notary jublic Nk.M/y 116/7KawIt, Printed Name 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 My commission expires: Notary Public 1 am a resident of County, Indiana Printed Name This instrument was prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Cannel, Indiana 46032 1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each and every Social Security number in this document, unless it is required by law. Douglas C. Haney 832365"1 4 EXHIBIT "A" Project: Main Street Improvements Parcel: 5A - Temporary Right -of -Way for Grading Key No: 29-09-26-000-005.001-018 Sheet l of l A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, and described as follows: Commencing at the Southwest corner of said Quarter section; thence along the south line of said quarter section, North 89 degrees 06 minutes 43 seconds East(assumed) 372.82 feet to the southwest corner of that 0.925 acre parcel described in Instrument Number 200500059082, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 0 degrees 53 minutes 17 seconds West 60.00 feet along the west line of said 0.925 acre parcel to the north boundary of Main Street; thence North 89 degrees 06 minutes 43 seconds East 437.95 feet along the north boundary of said Main Street to the Point of Beginning of this description: thence North 40 degrees 03 minutes 23 seconds East 38.16 feet; thence North 62 degrees 33 minutes 26 seconds East 100.62 feet; thence North 89 degrees 07 minutes 20 seconds East 30.55 feet to the west boundary of Grand Boulevard; thence South 39 degrees 32 minutes 33 seconds West 39.41 feet; thence South 69 degrees 03 minutes 33 seconds West 127.75 feet to the point of beginning and containing 0.071 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 1st day of July, 2014. L. 4400 c * 20500009) ' \. STATE OF EXHIBIT "A" Project: Main Street Improvements Parcel: SB - Temporary Right -of -Way for Drive Construction Key No: 29-09-26-000-005.001-018 Sheet 1 of 1 A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, and described as follows: Commencing at the Southwest corner of said Quarter section; thence along the south line of said quarter section, North 89 degrees 06 minutes 43 seconds East(assumed) 372.82 feet to the southwest corner of that 0.925 acre parcel described in Instrument Number 200500059082, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 0 degrees 53 minutes 17 seconds West 60.00 feet along the west line of said 0.925 acre parcel to the north boundary of Main Street; thence North 89 degrees 06 minutes 43 seconds East 582.12 feet along the north boundary of said Main Street to the west boundary of Grand Boulevard; thence North 0 degrees 11 minutes 43 seconds East 149.96 feet along the west boundary of said Grand Boulevard to the Point of Beginning of this description: thence North 80 degrees 44 minutes 13 seconds West 20.34 feet; thence North 00 degrees 11 minutes 43 seconds East 43.10 feet; thence North 87 degrees 22 minutes 35 seconds East 20.11 feet to the west boundary of said Grand Boulevard; thence South 00 degrees 11 minutes 43 seconds West 47.30 feet along said west boundary to the point of beginning and containing 0.021 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 1st day of July, 2014. No. '\*=_. 0500009) STATE OF o suA