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HomeMy WebLinkAboutDitch - Brooks, Bobby/LilyCross-reference: 40. cCt, 1/4)WARRANTY DEED Project: 04-05 Road: Ditch Rd. Parcel: 6 This Indenture Witnesseth, That Bobby R. Brooks and Lily I. Brooks, Husband and Wife Convey and Warrant to the CITY OF CARMEL in the State of Indiana for and in consideration of Fifty Seven Thousand One Hundred 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 $ 27,200.00 Damages $ 29 900.00 Total consideration $ 57,100.00 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). In Witness Whereoff,,the said Gran r(s) ha.ve hereunto set their hand s and �"' seal s this 2 4day of MOP 11 :obby R.::oks (Seal) 20 05 . Lily I. Brooks STATE OF INDIANA Hamilton County, ss: Before me, the undersign d, a Notary Public in and for said County and State, this day o@ , 200 S , personally appeared the within named Bobby R. and Lily I. Brooks arid acl4nowledc d ®the same to be their voluntary act and deed, for the uses and purposes herein mentioned. (Seal) ,'a0. A"._ 6;.,.. I have hereunto sscribpd my name and affixed my official seal. /- ^—moi Notary Public £e%LJCe1 Lz /vtore6Av Printed Name My Commission expires: Resident of County This Instrument Prepared by: 200500040305 Filed for Record in HAMILTON COUNTYr INDIANA JENNIFER J HAYDEN 06-30-2005 At 12:15 Pm. WARR DEED 18.00 BERNIE B. MORGAry Nofory Public, Stole of Indione Morlon County My Commission Expires July 20, 2008 DULY ENTERED FOR TAXATION Subject to final acceptance for transfer 30 day of 9Ant , 200_ ,e attn., 70741/42.) Audit of Hamilton County Parcel # R/ t EXHIBIT "A" Project: 04-05 CLAY WEST -DI'T'CH ROAD Sheet 1 of 1 Parcel 6 Fee A PART OF THE WEST HALF 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 West Half 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 561.00 feet to the PLACE OF BEGINNING, thence North 89 degrees 45 minutes 11 seconds East a distance of 70.00 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 31.15 feet, thence North 44 degrees 40 minutes 08 seconds West a distance of 42.43 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 268.55 feet, thence South 89 degrees 45 minutes 11 seconds West a distance of 40.00 feet, thence South 00 degrees 19 minutes 52 seconds West a distance of 330.00 feet to the PLACE OF BEGINNING. CONTAINING 0.335 ACRES (14,588.97 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 November 8, 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. E. M 1;.a o es r- Oka 1S 2880II021 '+ � tt 1 f ti STATE OF ° sutzq %�Mirylll"IIN�t oit TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 ktaiimie 'PARCEL: 06 PF�?•HCT No.: 04-05 • ROAD: • DITCH ROAD FOUNTY: HAMILTON SECTION: 22 TOWNSHIP: 18 NORTH RANGE: 3 EAST NW CORNER, SW 1/4, SEC. 22, T 18 N, R 3 E EXHIBIT B" OWNER: BOBBY R. AND LILY I. BROOKS RECORD DOCUMENT: INST. #12166, BK. 233, PG. 157 HATCHED AREA IS THE APPROXIMATE TAKING This plot was prepared from information obtoined from the Office of the Recorder of Hamilton County. and from plans prepared by Beam. Longest & Neff, LLC dated August, 2004 for the City of Carmel (Project No. 04-05) The bosis of bearings for this plat and legal description ore based upon the deed record descriptions. L5 132' WEST N 0 BOBBY R. AND LILY L BROOKS INST /12165, BK. 233, PG. 157 LI J 132' EAST 25' DRAWN BY : JD 11-08-2004 CHECKED BY : TEN 11-08-2004 . SCALE : 1" = 50' NORTH 0 25' 50' SCALE I's 50' LINE TABLE LINE BEARING DISTANCE LI N 89'45'71" E 70.00' 42 N 0019'52" E . 31.15' L3 N 44'40'08' W 42.43' 14 N 0019'52" E 268.55' 15 S 89'45'11" W 40.00' L6 S 0019'52" W 33000' AREA (PARCEL 6 SE CORNER, SW 1/4, SW CORNER SEC. 22, T 18 N, R 3 E N 89'29'54" E APP. SECTION LINE W 1/2, SW 1/4, SEC. 22, T 18 N, R 3 E 136TH STREET PREPARED BY: CROSSROAD ENGINEERS, PIE Transparta Lion & Development Consultants 3.17 s Smw d. EGO. MOIL r, 410r IaNs*,sss ACRES (SO. FT) TOTAL 1.00 (43,56000) R/W TAKE 0.34 (14,588.97) RESIDUE 0.66 (29,971.03) SE CORNER, SW 1/4, SW CORNER SEC. 22, T 18 N, R 3 E N 89'29'54" E APP. SECTION LINE W 1/2, SW 1/4, SEC. 22, T 18 N, R 3 E 136TH STREET PREPARED BY: CROSSROAD ENGINEERS, PIE Transparta Lion & Development Consultants 3.17 s Smw d. EGO. MOIL r, 410r IaNs*,sss (3 v 1 ` PARTIAL RELEASE OF MORTGAGE Project: 04-05 Parcel: 6 Carmel This is to certify that a certain mortgage executed by Bobby R. Brooks and Lily I. Brooks (Mortgagor) to*Chase Home Finance LLC(Mortgagee), dated April 25, 2003 ,in the sum of 5123,000.00 recorded in mortgage record 200300044650 of the records of Hamilton County, Indiana, is hereby released upon the following described real estate in Hamilton County, Indiana: See Attached Exhibit "A" Said Mortgage remains in full force and effect as to the remainder of real estate therein described. In witness whereof the said *Chase Home Finance LLC (Mortgagee) has caused this partial release of mortgage to be signed by its Asst. Vice President and its seal attached thereto this 5 day of May . 2005. BY: STATE OF Florida SS: COUNTY OF Hillsborough ) Ann -Marie Vess, Assistant Vice President (Printed Name and Title) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ann -Marie Vess , known to me to be the Asst. Vice President of the * Chase Home Finance LLC and acknowledged the execution of the above partial release of mortgage as and for the act and need of the said *Chase Home Finance LLC (Mortgagee). Witness my hand and notarial seal this day of Ma 5 , 2005. IDNotary Public (Signature) Notary Public (Printed My Commission Expires My County of Residence is Hillsborough This Instrument Prepared By: Kimberly Pacini CHARITA A. RAGANAS : ,.. I MY COMMISSION k 00 312575 T. }. EXPIRES, June 26, 2008 umomomtynufturtsmotm * Mortgage Electronic Registration Systems, Inc. as nominee for (Mortgagee) 200500040306 Filed For Record in HAMILTON COLMTYr INDIANA JENNIFER J HAYDEN 06-30-2005 At 12:15 Pm. PT REL 11T6 12.00 Project EXHIBIT "A" 04-05 Parcel 6 Project: 04-05 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 6 Fee A PART OF THE WEST HALF 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 Cornerof the West Half 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 561.00 feet to the PLACE OF BEGINNING, thence North 89 degrees 45 minutes 11 seconds East a distance of 70.00 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 31A5 feet, thence North 44 degrees 40 minutes 08 seconds West a distance of 4243 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 268.55 feet, thence South 89 degrees 45 minutes 11 seconds West a distance of 40.00 feet, thence South 00 degrees 19 minutes 52 seconds West a distance of 330.00 feet to the PLACE OF BEGINNING. CONTAINING 0.335 ACRES (14,588.97 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 November 8, 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. tpT�A F° tfTE% .923 fNo to mown16/.g6 jSTATE Of ' F '4731 plat: 4* su 34 TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 LEGAL DESCRIPTION Private Client-& Trust Services bank 1-866-252-4360 6/15/05 Five Star senior (wuranreed gi 38M231007 - ORTSP DITCH RD 136TH TO 141ST R/W PROJ 04-05#3 37,275 DOLLARS AND 00 CENTS PAY TO.THE ORDER OF BOBBY R AND LILLY/ BROOKS C/O B MORGAN BEAM LONGEST & NEFF LLC 13811 DITCH ROAD CARMEL IN 46032 ISSUED 8Y: TRAVELERS EXPRESS COMPANY, INC. DRAWEE: FIRST INTERSTATE BANK, HELENA, MT P.O. BOX 9476 MINNEAPOLIS, MN 55480 DRAWER: US Bank 100815085 $ 37,275.00 93-541 920 AUTHORIZED SIGNATURt° 11°L008LSOH 5o I:09200543,LI:0L600LO70077211° 38M231007 ZC 301 1 MISCELLANEOUS DISBURSEMENT $37,275.00 CT-JW-TFMMUNI 2012 CARMEL REDEVELOPMENT 2004 CONST AC RTSP DITCH RD 136TH TO 141ST R/W PROJ 04-05#3 PARCEL 6 PER REQ #16 DTD 6/13/05 BOBBY R AND LILLY I BROOKS C/O B MORGAN BEAM LONGEST & NEFF LLC 13811 DITCH ROAD CARMEL IN 46032 6/15/05 100815085 $37,275.00 Private Client & Trust Services Questions Call 1-866-252-4360 bank. Five Star Service Guara,red C+y'� Private Client& Trust Services6/15105 1-866-2524360 38M231007 TSPPROJ 04-05(#3) PARCEL 6 ""19,825 DOLLARS AND 00 CENTS PAY TO THE ORDER OF . BOBBYr&LILLY BROOKS C/O.B MORGAN CHASE NOME FINANCE, LEGAL.FLOOR2 "4915. INDEPENDENCE PKWY TAMPA FL 33634-7503 ISSUED BY: TRAVELERS EXPRESS COMPANY, INC. - DRAWEE: FIRST INTERSTATE BANK, HELENA, MT • P.O. BOX 9476 MINNEAPOLIS, MN 55480 100815083 $ 19,825.00 DRAWER: US BankCrniatap 7 93-541 920 AUTHORIZED SIGNATURE 11• L008 L 508 3" 1:09 200 51110:0 1600 10 700 7 7 211' 38M231007 • ZC 300 63 MISCELLANEOUS DISBURSEMENT CT-JW-TFMMUNI RTSP PROJ 04-05(#3) PARCEL 6 DITCH ROAD 136TH TO 141ST RAN $19,825.00 2012 CARMEL REDEVELOPMENT 2004 CONST AC BOBBY & LILLY BROOKS C/O 8 MORGAN CHASE HOME FINANCE, LEGAL FLOOR 2 4915 INDEPENDENCE PKWY TAMPA FL 33634-7503 6/15/05 100815083 $19,825.00 Private Client & Trust Services Questions Call 1-866-252-4360 adv S 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 Orocess as just compensation for the purchase of this right-of-way for highway purposes. The amount set forth in Item 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 #04-05 Parcel 6 Road Ditch Road City/County Carmel/Hamilton Owner's Bobby R. and Lily I. Brooks 3. The area and type of interest being acquired: 0.26 acres Permanent Right -of -Way and 0.08 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 $27,200.00 b. Severance + Damages (i.e.: Setback, Loss in Value to the Residues, etc.) $13,500.00 c. Other Damages (Itemize) (i.e.: Cost -to -Cure, Temporary Right -of -Way, etc.) Septic $6,900.00 d. Total Damages (Sum of 5B & 50) $20,400.00 Total Just Compensation offered for this Acquisition is $47,600.00 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 offer to the owner includes compensation for the owner to connect to the municipal sewer and vacate his existing septic system. All connection fees are included in this amount as well as compensation to restore the lawn and flower beds. Date z3/0s � �� - Oy Steve Engelking, Director, Cly of Carmel, IN Form 36551 (Rev. 6/94)