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HomeMy WebLinkAboutDitch/136th - Stewart, David/Diana0 V- v ' ON DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY THIS INDENTURE WITNESSETH: APPBOVFO AS TO FORM BY4 That � Oc \ D ST£ w P -Q --c I j» t3A \Y+nrS Sic w�orz (Jointly and individually the "Grantor"), the fee simp e owner(s) of the following described real property ("Property") described in attached Exhibit A, incorporated herein by this reference, which Property is located in the City of .Carmel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title, and interest in the Property, to the City of Carmel, Indiana ("Grantee"), subject to all existing easements and riehts-of-way of record, for the sum of One Dollar ($1.00), and Grantor's rights to build and maintain a landscaped dirt berm, a concrete driveway, various landscaping (i.e. trees, shrubs, other) and a permanent wall (masonry, brick, stone or other) with a maximum height of 10 feet off ground, and unlimited length and width all partially or totally in said right-of- way and all at the discretion of said Grantor(s), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This conveyance of real estate is not subject to Indiana gross income tax. q IN WITNESS WHEREOF, Grantor has executed this Instrument on the 2e1 day of BY: (Authorized Signature) (Printed Name and Title) STATE OF INDIANA ) COUNTY OF Wintt-7Z ) ,2005. 200500047122 Filed for Record in HAMILTON COUNTYr INDIANA JENNIFER J HAYDEN 07-28-2005 At 11:10 am. RT OF WAY 15.00 DULY ENTERED FOR TAXATION J Subject to final acceptance for transfer 2g day of Jvk.I 20115 ,eo-6-jeL 707% it, Auditor of Hamilton County Parcel # K 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 hand and Notarial Seal this Notary Public l� ride) Notary Public (printed) MY COMMISSION EXPIRES: COUNTY OF RESIDENCE: day of , 2005. JANET PRICE Hamilton County My Commission Expires July 9, 2011 EXHIBIT "A" Project: 04-05 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 5 Fee A PART OF THE SOUTHWEST QUARTER, SECTION TWENTY TWO (22), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (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", MORE FULLY DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of the Southwest Quarter of Section 22, Township 18, Range 3 East, thence North 00 degrees 19 minutes 52 seconds East, along the West Line of said Quarter Section a distance of 211.50 feet to the PLACE OF BEGINNING, thence continuing North 00 degrees 19 minutes 52 seconds East a distance of 350.40 feet, thence North 89 degrees 45 minutes 11 seconds East a distance of 40.00 feet, thence South 00 degrees 19 minutes 52 seconds West parallel to said West Line a distance of 350.22, thence South 89 degrees 29 minutes 33 seconds West a distance of 40.00 feet to the PLACE OF BEGINNING. CONTAINING 0.322 ACRES (14,012.36 SQUARE FEET), MORE OR LESS. 1, 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 Beam, Longest, and Neff, LLC for the Ditch Road Improvement Project (Carmel City Project #04-05), and dated August, 2004. 1 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. Ha. t$ 2?303t2 STATE OF C*0I A0t: ®01 sEl- TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 tu-i-)727 PARCEL: 05 PROJECT No.: 04-05 ROAD: DITCH ROAD COUNTY: HAMILTON SECTION: 22 TOWNSHIP: 18 NORTH RANGE: 3 EAST NW CORNER, SW 1/4. SEC. 22, T 18 N, R 3 E 0 CC 1- 0 0 2 a Q (PLACE OF 8EG1 NG EXHIBIT 'B" OWNER: DAVID AND DIANA M. STEWART RECORD DOCUMENT: INST. #200200034350 HATCHED AREA IS THE APPROXIMATE TAKING This plat was prepared from information obtolned from the Office of the Recorder of Hamilton County, and from pions prepored by Beam, Longest, and Nelf LLC doled August, 2004 for the Cif y of Carmel (Project No. 04— 05) The basis of bearings for this plot and legal description ore based upon the deed record descriptions. L2 219.7" 0 WEST DAVID AND DIANA M. STEWART (NST 1200200034350 220' tL h 05 L4 0 sit EAST CHESWICK PLACE SECTION 4 (NST /9809841457 CHESWICK PLACE SECTION 2 (NST 19609533942 CHESWICK PLACE SECTION 4 INST 19809841457 HENRY CIRCLE 40' 1/2 R/ 50' DRAWN BY : JD 08-17-2004 CHECKED BY : TEN 08-17-2004 SCALE : 1" = 100' NORTH 50' 100' la SCALE 1"= 100' LINE TABLE LINE BEARING DISTANCE Li N 0019'52" E 350.40' L2 N 89'4511- E 40.00' L3 5 001951 W 350.22' L4 5 89'29'33' W 40.00' AREA (PARCEL 5 SE CORNER SW 1/4, SEC. 22, T 18 N, R 3 E 136TH STREET N 8929"54" E LAPP. SECTION LINE SW CORNER, SW 1/4, SEC. 22, T 18 N, R 3 E PREPARED BY: CROSSROAD ENGINEERS, PC Transportation Development Consultants 3417 0 saws DR. DEEM ww_ + 4107 puVR+lsss ACRES (50. ET) TOTAL 1.77 (76,969.64) R/W TAKE 0.32 (14;012.36) RESIDUE 1.45 (62,957.28) SE CORNER SW 1/4, SEC. 22, T 18 N, R 3 E 136TH STREET N 8929"54" E LAPP. SECTION LINE SW CORNER, SW 1/4, SEC. 22, T 18 N, R 3 E PREPARED BY: CROSSROAD ENGINEERS, PC Transportation Development Consultants 3417 0 saws DR. DEEM ww_ + 4107 puVR+lsss City of Carmel BOOF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana ("City"), its Dedication and Deed of certain real property ("Property") to the City for the purpose of establishing City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as Exhibit "A" hereinabove set forth; AND WHEREAS, the City believes that said fee simple conveyance of property is 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 Deed, and orders that the Instrument of Dedication and Deed described herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said described real property be, and the same hereby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY il0 ?eS f ATTEST: James Brainard, Mayor Date /1 Ma Date AnnLurke Lori Watson Date' Diana L. C Date tk,-Treasurer a Sandra M. Johnson, Deputy Clerk for Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civie Square, Carmel, Indiana 46032 ONE CIVIC SQUARE_ CARMEL, INDIANA 46032 317/371-2400