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HomeMy WebLinkAboutDitch - RInehart Farm, IncCress=reference DULY ENTERED FOR TAXATION t Subject to final acceptance for tr nsfer _ L lay of aLf&u't,liit, , 20 Co °avn., %7L.71<2tcv Auditor of Hamilton County Parcel # / WARRANTY DEED Project: 04-06 Road: Ditch Rd. Parcel: 6 Instrument 200600053902 This Indenture Witnesseth, That Rinehart Farm, Inc., an Indiana Corporation, Convey and Warrant to the CITY OF CARMEL in the State of Indiana for and in consideration of TwentyEight Thousand Eight Hundred Thirty and 00/100 Dollars, the receipt whereof is hereby acknowledged, the following described Real Estate in Hamilton County, in the State of Indiana, to wit: See Attached Exhibit "A" Land and improvements $ 27 480.00 Damages $ 1 350.00 Total consideration $ 28,830.00 The grantor shall clear and convey free of all leases, licenses, or other interest both legal and equitable, and all encumbrances of any kind or character on, in and under said land as conveyed. 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 the grantor(s). The undersigned persons executing this deed represent and certify on behalf of the Grantor that he/she is a duly elected officer of the Grantor and has been fully empowered by proper resolution or the bylaws of the Grantor, to execute and deliver this deed; that the Grantor is a corporation in good standing in the State of its origin and where required. in the State where the subject real estate is situated; that the Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate action for the making of the conveyance has been duly taken. In Witness Whereof, the said Grantor s) ha ve and seal s this ay of (? e_e°nA_�j Rinehart Farm, Inc. STATE OF INDIANA, Before me, the undersi , 20° the sfarr(ett.'be, e TtJfi. � !e •Ihavg;hbreun 1Notary,€rulil (Seal) hereunto set their hand s 20 05 . BY: (Seal) l(RA 1134441 8 County, ss: ., ned, a Notary Public in and for said Coun y a���n�d� St t�2} �this�c�ay of IJ �� f (/i� W— , personally appeared the within named V-ltt't4taflikf and acknowledged olunt ry act a.. deed, for the uses and purposes herein men%5585053902 Filed for Record in ficial seal.__. HAMILTON COUNTY? INDIANA -TAY-ESJENNIFER J HAYDEN • 09-11-2006 At 01:24 pm. IJARR DEED 20.00 City of Carmel Office of the Clerk Treasurer One Civic Square PrintedgNarpe� My Commission expires: Resident of RfLi• ity,Cj lk County Carmel, IN 46032 "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security numberi/ nkat by (name) /7 .7" Project: Parcel EXHIBIT "A". 04-06 CLAY WEST -DITCH ROAD Sheet 1 of I 6 Fee A PART OF THE NORTHEAST QUARTER OF SECTION TWENTY ONE (21), TOWNSHIP EIGI-ITEEN (18) NORTH, RANGE THREE (3) EAST AND BEING THAT PART OF THE GRANTORS' LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B", MORE FULLY DESCRIBED AS FOLLOWS: Parcel 6A - Fee: Commencing at the Northeast Corner of the Northeast Quarter of Section 21, Township 18, Range 3 East, thence South 00 degrees 18 minutes 33 seconds West, along the East Line of said Quarter Section a distance of 1461.28 feet to the PLACE OF BEGINNING, thence continuing South 00 degrees 18 minutes 33 seconds West along said East Line a distance of 244.03 feet, thence North 89 degrees 55 minutes 01 seconds West a distance of 40.00feet, thence North 00 degrees 18 minutes 33 seconds East parallel to said East Line a distance of 244.19 feet, thence South 89 degrees 41 minutes 27 seconds East a distance of 40.00 feet to the PLACE OF BEGINNING. CONTAINING 0.22 ACRES (9,764.36 SQUARE FEET), MORE OR LESS. Parcel 6B - Fee: Commencing at the Northeast Corner of the Northeast Quarter ofSection 21, Township 18, Range 3 East, thence South 00 degrees 18 minutes 33:seconds West, along the East Line of said Quarter Section a distance of 480.04 feet to the PLACE OF BEGINNING, thence continuing South 00 degrees 18 minutes 33 seconds West along said East Line a distance of 729.09 feet, thence North 89 degrees 41 minutes 27 seconds West a distance of 40.00 feet, thence North 00 degrees 18 minutes 33 seconds East parallel to said East Line a distance of 729.08 feet, thence South 89 degrees 42 minutes 32 seconds East a distance of 40.00 feet to the PLACE OF BEGINNING. CONTAINING 0.67 ACRES (29,163.54 SQUARE FEET), MORE OR LESS. CONTAINING IN ALL 0.89 ACRES (38,927.90 SQUARE FEET), MORE OR LESS. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this Legal description was prepared by me on August 17, 2004, from the original deed records of the property described and was based upon plans prepared by R.W. Armstrong for the Ditch Road Improvement Project (Carmel City Project #04-06), and dated May, 2004. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 1)---11,74X r-. PARCEL- PFeJECT Na.: AD: UNTY: SECTION: TOWNSHIP: RANGE: 6 04-06 DITCH ROAD HAMILTON 21 18 NORTH 3 EAST N 8977'13" E , -APP. SECTION LINE 146TH STREEr NW CORNER, NE 1/4, SEC. 21, T 18 N, R 3 E EXHIBIT nB" OWNER: RINEHART FARM, INC. RECORD DOCUMENT: INST. #9551613 HATCHED AREA IS THE APPROXIMATE TAKING This plat was prepared from information obtained (ram the Office of the Recorder of Hamilton County. and from plans prepared by R.W. Armstrong doled Hoy, 2004 for the City of Carmel (Project No. 04-06) The basis of bearings for this plat and legal description are based upon the deed record descriptions. 0 0 00 cc cc 28 1.4)- Opt) CO 0w S U PARCEL "6B" >t°c 0 co Ia4 im RESIDUE A )00 RSO r. r- 195 21 195.21' 'r 1.2 a h Le 19555 PARCEL "6A" 4v NE CORNER NE 1 4 SEC. 21, T 18 N, R 3 E PLACE OF BEGINNING PARCEL "6B" 100' NORTH 100' - 200' Ai 4- '➢ SCALE 1'" 200' ISMOND DRIVE L6 SADDLE CREEK, SECTION F7 VE INST. /9709750987 P.C. 2, SLD. 57 td AREA PARCEL 6A DRAWN BY : JD 08-17-2004 CHECKED BY : TEN 08-17-2004 SCALE : 1" = 100' NUMBER DIRECTION DISTANCE L1 • S 0018333" W 729.09 FT L2 N 89'41'27" W 40.00 FT L3 N 0018'33" E • 729.08 FT L4 S 89'42'32" E 40.00 FT L5 S 0018'33" W 244.03 FT L6 N 89.5501" W 40.00 FT L7 N 0018'33" E 244.19 FT L8 S 89'41'27" E 40.00 FT TOTAL AREA (PARCEL 6 ACRES (SQ. ET) TOTAL 10.83 (471,629.05) R/W TAKE 0.22 (9,764.36) RESIDUE 10.61 (461,864.69) TOTAL AREA (PARCEL 6 PLACE OF BEGINNING PARCEL "6A" SE CORNER, NE 1/4 SEC. 21, T 18 N, R 3 E AREA (PARCEL 6B ACRES (SQ. ET) TOTAL 10.83 (471,629.05) R/W TAKE 0.89 (38,927.90) RESIDUE 9.94 (432,701.15) PLACE OF BEGINNING PARCEL "6A" SE CORNER, NE 1/4 SEC. 21, T 18 N, R 3 E AREA (PARCEL 6B PREPARED BY: Transportation & Development Consultants Y„ s sows 0. RM [PM 1 ,,,0 u19713-114 ACRES (SQ. FT) TOTAL 10.83 (471,629.05) R/W TAKE 0.67 (29.163.54) RESIDUE 10.61 (442,465.51) PREPARED BY: Transportation & Development Consultants Y„ s sows 0. RM [PM 1 ,,,0 u19713-114 REGIONS A PARTIAL SATISFACTION OF MORTGAGE For value received, the undersigned hereby releases from the lien of a certain Real Estate Mortgage executed by Rinehart Farm, Inc., an Indiana corporation, to Regions Bank, an Alabama state -chartered bank, as successor by merger to Union Planters Bank, N.A., a national banking association f/k/a NBD Bank, dated the 7'" day of September, 1995 in the amount of $310,000.00 and recorded the 3`a day of October, 1995 as Instrument number 9554332, in the Office of the Recorder of Hamilton County, Indiana the following described piece of land, which is included in said mortgage' SEE ATTACHED EXHIBIT 'A' It being expressly understood and agreed by and between the parties hereto that this release is in no way to operate to discharge the lien of said Mortgage from any other of the premises described therein, but is only to release therefrom the portion thereof particularly described, and none other; and that the remaining unreleased portions of the premises in said Mortgage described are to remain as security for the payment of the indebtedness secured to be paid thereby, and for full performance of all the covenants and obligations in said Mortgage and the Note therein mentioned, together with all conditions therein. Executed on June 12, 2006 Regions Bank By: Christine Shugart State of Indiana County of Marion ) Its: Vice President 200600053903 filed for Record in ACKNOWLEDGEMENT HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 09-11-2006 At 01:24 on. PT REL MTG 14.00 Before me, a Notary Public in and for the stated County and State, on June 12, 2006, came Regions Bank, an Alabama banking corporation, by Christine Shugart its Vice President, who acknowledged the execution of the foregoing instrument on behalf of the Mortgagee. My Commission Expires: 2'21- 0 7 This instrument was prepared by: Vickie L. Clark Residing in (f fl/oN When Recorded Return to: Regions Bank Vickie Clark One Indiana Square, Suite 235 Indianapolis, IN 46204 County, Indiana "1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, requjr4by laws (acme) a EXHIBIT "A" A PART OF THE NORTHEAST QUARTER OF SECTION TWENTY ONE.(21), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3) EAST AND BEING THAT PART OF THE GRANTORS' LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE - ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B", MORE FULLY DESCRIBED AS FOLLOWS: Parcel 6A - Fee: .Commencing at the Northeast Corner of the Northeast Quarter of Section 21, Township 18, Range 3 East, thence South 00 degrees 18 minutes 33 seconds West, along the East Line of said Quarter Section a distande of 1461.28 feet to the PLACE OF BEGINNING, thence continuing South 00 -degrees 18 minutes 33 seconds West along. said East Line a distance of 244.03 feet, thence North 89 degrees 55 minutes 01 seconds, West a distance of 40.00.feet, thence North 00 degrees 18.minutes 33 seconds Fast parallel to said Fast Line a distance of 244.19 feet, thence South 89 degrees 41 minutes 27 seconds East a distance of 40.00 feetto the PLACE OF BEGINNING. • CONTAINING 0.22 ACRES (9,764.36 SQUARE FEET), MORE OR LESS. • Parcel -6B - Fee: • Commencing at the Northeast Cornet of the Northeast Quarter of Section 21, Township 18, Range 3 Fast, thence South 00 degrees 18 hiinritcs 33 seconds West, along the East Line of said Quarter Section a distance of 480.04 feet to: the; PLACE OF BEGINNING, thence continuing South 00 degrees. 18 minutes 33 seconds West along said East Line a distance of 729.09 feet, thence North 89 degrees 41 minutes 27 seconds West a distance of 40.00 feet, thence North 00 -degrees 18 minutes 33 seconds East parallel to said East Line a distance of 729.08 feet, thence South 89 degrees 42 minutes 32 seconds East a distance of 40A0 feet to the PLACE OF BEGINNING. •CONTAINING.0.67 ACRES (29,163:54 SQUARE FEET); MORE OR LESS. CONTAINING IN ALL 0.89 ACRES (38,927.90 SQUARE FEET), MORE OR LESS. ALA -REV -29 STATEMENT OF THE BASIS FOR JUST COMPENSATION 1. This is a written statement of, and summary of the basis for, the amount established through a valuation ocess as just compensation for the purchase of this right-of-way for highway purposes. The amount set forth in tem 5 below is not less than the approved estimated fair market value of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical deterioration within reasonable control of the owner. 2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this acquisition is identified in the Acquiring Agency's records as: Project #04-06 Parcel 6 Road Ditch Road City/County Carmel/Hamilton Owner's Rhinehart Farm Inc. 3. The area and type of interest being acquired: 0.67 acres Permanent Right -of -Way and 0.22 acres of existing right of way The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest is being acquired separately in whole or part, except as may be explained in Item 8 below. 4. This acquisition is (check one): a. ( ) - A total acquisition of the real property. b. (x) - A partial acquisition of the real property 5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real property is as follows: a. Total Land, Land Improvements and Buildings $27,480.00 b. Severance + Damages (i.e.: Setback, Loss in Value to the Residues, etc.) $0 c. Other Damages (Itemize) (i.e.: Cost -to -Cure, Temporary Right -of -Way, etc.) $100.00 d. Total Damages (Sum of 5B & 50) $100.00 0 Total Just Compensation offered for this Acquisition is. $27,580.00 6. The amount in Item 5 above may include payment for the purchase of certain buildings and improvements and their ownership shall pass to the Acquiring Agency. These buildings and improvements are identified as follows: None. 12. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment, Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows: Lawn, asphalt drive and trees 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: None. 9. Remarks: The fencing in the proposed right of way area will be removed prior to construction and reset at the completion of the project by the contractor. Temporary fencing will be installed during the construction. DatJ� . lig 2€705— Form I/VS Form 36551 (Rev. 6/94) in Direcffi Steve Engel g, r, City of Carmel, IN