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HomeMy WebLinkAbout116th WaQar Bhatti`�� 200100084325 (LFiled for Record In I ' Ute" HAMILTON COUNTY,INDIRNR MARYE I C. Q6_ 23, 2 I L CLARK / ,�' j 12-19-2001 11:25 am. " LIMITED WARRANTY DEED W DEED NC .00 THIS INDENTURE WITNESSETH, That WAOAR H. BHATTI and MARTHA E. BHATTI. ("Grantors"). Husband and Wife, grants, conveys, bargains and sells to The City of Carmel ("Grantee"), for the sum of Twenty six Thousand one Hundred Eighty -Five Dollars (526,185.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, state of Indiana: See Exhibits A and B attached hereto and incorporated herein by this reference. Land and Improvements: 510.600.00 Damages: S15/585. 00 Total Consideration: S26,185. 00 Subject to any and all easements, agreements, restrictions and other matters of record; subject to the lien for real property taxes not delinquent; and subject to rights of way for roads and such matters as would be disclosed by an accurate survey and inspection of the real estate. Grantor. as its sole warranty herein warrants to Grantee and its successors and assigns, that Grantor will forever defend title to the Real Estate (subject. however, to the foregoing exceptions) against the claims of all persons claiming by, through. or under Grantor, but against none other, which claims are based upon matters occurring subsequent to Grantors acquisition of the Real Estate. Grantor, without warranting the existence of any such rights. also quitclaims to Grantee any right Grantor may possess with respect to any representation, warranty, including warranties of title. covenant or other obligation running to Grantor and touching and concerning the Real Estate. IN WITNESS WHEREOF, Grantor has caused this deed to be executed this 25th day of October 2001. GRANTORS: Martha E. Bhatti.ife DULY ENTERED FOR TAXATION Subject to final acceptance for transfer ._f dayof cynhei^ 200j .e0&_ iy-tkit ,, Auditor of Hamilton County Parcel # j2. lU STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me the undersigned. a Notary Public in and for said County and State, personally appeared Waoar H. Bhatti and Martha E. Bhatti. Husband and Wife Grantors, who acknowledged the execution of the foregoing Limited Warranty Deed, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this 25th day of October . 0001. My Commission Expires: January 26, 2008 County of Residence: Marion • Larry D. Whisler This instrument was prepared by Robert A. Hicks. Attorney at Law, Hall, Render, Killian, Heath & Lyman_ P.S.C., One American Square, Suite 2000, Box 82064. Indianapolis, IN 46282. Send tax bills to: EI -r9 CSF CRRII lel , Civic_ ars, C2 rMei . IN `Ilrc3Z After recording, return deed to: 2 0 EXHIBIT "A" PROJECT NO. STP -B886 ( ) Sheet 1 of 1 PARCEL 13 Fee A part of Lot 30 in Woodland Golf Club Subdivision in the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, the plat of which is recorded as Deed Record 136, pages 545 and 546 in the office of the Recorder of Hamilton County 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 northwest corner of Lot 30 and the point of beginning of this description: thence S 89° 53' 03" E, (All bearings based on bearing system for Project No. STP -3886 ( ) for City of Carmel), 38.100 meters (125.00 feet) along the north line of Lot 30 to the east line of Lot 30; thence 5 0° 06' 57" W, 12.904 meters (42.34 feet) along said east line to a point on right of way for Project No. STP -B886 ( ); thence N 89° 53' 03" W, 38.100 meters (125.00 feet) along said right of way to the west line of Lot 30; thence N 0° 06' 57" E, 12.904 meters (42.34 feet) along said west line to the point of beginning of this description, containing 0.0492 hectare (0.122 acre) more or less. 0 This description was prepared for the City of Carmel by h Step en J.. Christian Indiana Registered Land Surveyor, License Number 890001 on the 6th day of Februarv, 2001. 999'sJcaatprojects1.E0105'\dcccripk116.13.doc PARCEL 13 CODE' PROJECT NO. STP -8886( ) ROAD: 116th STREET COUNTY: HAMILTON SECTION; 6 TOWNSHIP' 17 N. RANGE: 4 E. 0 EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT PREPARED FOR CITY OF CARMEL BY STEPHEN J. CHRISTIAN l4 ASSOCIATES, P.C. OWNER: WAOAR H. BHATTI 1 MARTHA E. BHATTI INSTRUMENT NO.: 9015465 DATED: 6-26-90 0 0 N r 0 UNE "A" & SECTION UNE 0 P.O.B.• LOT 30 W000Lkk1 GOLF CLUB SUBDIVISION 20' 0 DRAWN: A. EDWARDS DATE' 1-22-01 CHECKED; S. CHRISTIAN DATE: 1-22-01 5m10m 20m 40m HATC}ED MEA 6 The APPROXIMATE TMDC 13 PARCEL COORDINATE CHART POINT CENTERLNE STATION OFFSET NORTHING EASING 4 X 'A" POT 1+057.734 { 5 X 1 'A" POT 1+340.553 ©I I 237 'A" +{ (14-140.030) 19.000 RI RT 522778.947 61219.439 241 'A" 1 (1+178.130) 19.000 m RT 522778.870 61257.539 00111ft/1, /o \ �. CHq�'''0 � p4G6 fJ No. E * f 890001 * - t. STATE OF ADIAIN..:O� - P.,,AI,IS U 8vE111\\\�A\ NOTES: STATIONS A OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND 8EORNGS & DSTANCES. X SEE LOCATWN CONTROL ROUTE SURVEY PLAT. I'd STATION 1.340.553 AS Sr OWN ON ME LOCATCN CONTROL ROUTE SURVEY PLAT FOR THIS P.O.T. IS IN ERROR. THE REVISED STATION FOR THIS P.O.T. IS 1.320.276. SURVEYOR'S STATEMENT TO THE `'EST OF MY KNOWLEDGE AND BELIEF. THIS PLAT. TOGETHER WITH THE LOCATION CONTROL ROUTE SURVEY PLAT RECORDED .lS !NSTRUMENT NO. 2CC000061075 IN THE OFFICE OF THE RECORDER CF HAMILTCN COUNTY, IND/ANA (INCORPORATED HEREIN AND MADE A PART HERE OF BY REFERENCE) COMPRISE A ROUTE SURVEY, EXECUTED N ACCORDANCE WITH INDIANA ADMINISTRATIVE CODE 865 IAC 1-12 (RULE 12). 2-6-01 SI LI -1-19N( J. Q-IRIST?AN DATE REGISTERED LAND SURVEYOR NO. 890001 STATE OF INDIANA ICSTEPEni J. CHRISTIAN ` 4 ASSOCIATES, P -C.0 ), 9302 North Meridian St.. Suite 249 ncicooclis, In 46250 (317) 566-0529 Fcx: (317) 556-0633 E,nci! sicsssocincv.ret STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) CITY OF CARMEL, INDIANA, Plaintiff, v. LYSIMAI-IOS PAPANIKANDROS, et al. Defendants. IN THE HAMILTON SUPERIOR COURT NO 1 CAUSE NO. 29D01 -0201 -PL -0051 Fi . t L 'JUN 2 102 CLERK HAMILTON SliFf,:t)ti COUNT ORDER OF APPROPRIATION The Clerk of the Court, having certified pursuant to 1.C. 32-11-1-7 that Plaintiff City of Carmel has deposited with such Clerk a sum ol'money equal to (a) the amount determined by the Court -Appointed Appraisers to be due the Defendants named herein plus (b) the amount of such Appraisers' fec for performing such appraisals, the Court now orders that the real estate owned by the Defendants described on the attached EXHIBIT A, incorporated herein by this reference and needed by Plaintiff for the purpose of enlarging the right of way of 116th Street, is hereby condemned and appropriated t� Plaintiff. The Auditor of Hamilton County. Indiana, is hereby ordered to transfer the Real Estate on the tax records of such County to Plaintiff. The Clerk is hereby ordered to pay the fees of the three Court Appointed Appraisers, each such Appraiser to receive 5750 from the amount paid to the Clerk by Plaintiff. The Appraisers and their mailing addresses are: 0 0 Gordon Resler 1895 Conner Street Noblesville, IN 46060 Marshall Andich P.O. Box 494 Carmel, IN 46082 Dale Snelling 1236 Conner Street Noblesville, IN 46060. SO ORDERED THIS D.1 DAY OF , 2002. JUDGE HAMILTON COUNTY SUPERIOR COURT 1 0 Distribution: Robin Mills Hamilton County Auditor Government and Judicial Center 188 One I-Iamilton County Square Noblesville, IN 46060 Lysimahos Papanikandros 1913 East 116°i Street Carmel, IN 46032 Provident Bank c/o Douglas Haman, Esq. Nielson & Sherry, PSC 639 Washington Av., Suite 200 Newport, KY 41071 Provident Bank c/o CT Corporation System 36 S. Pennsylvania St., Suite 700 Indianapolis, IN 46204 Household Finance Corporation III c/o CT Corporation System 36 S. Pennsylvania St., Suite 700 Indianapolis, IN 46204 Marshall Welton 3720 North Washington Blvd. Indianapolis, IN 46205 Demetrios Emmanoelides c/o Mark A. Metzger, Esq. Due Doyle Fanning Ewing & Metzger, LLP 55 Monument Circle, Suite 900 Indianapolis, IN 46204 Keybank National Association c/o CT Corporation System 36 S. Pennsylvania St., Suite 700 Indianapolis, IN 46204 3 Discover Bank c/o Meredith K. Slechter, Esq. 0 Lloyd & McDaniel, PLC 462 South Fourth Av., Suite 1700 Louisville. KY 40202 Star Financial Bank c/o Jennifer L. McCowans 127 West Berry St., 2nd Floor Fort Wayne, IN 46853 Rick Lux 3705 Haverhill Dr. Indianapolis, IN 46240 Rick Lux c/o Marc L. Griffin 4000 East Southport Rd., Suite 150 Indianapolis, IN 46237 L & M —BR Realty, LLC c/o Marc L. Griffin 4000 East Southport Rd., Suite 150 Indianapolis, IN 46237 Firstar Bank, N.A. c/o Septtimous Taylor, Esq. 4830 Towne Square Owensboro, KY 42301 Douglas C. Haney, Esq. City Attorney City of Carmel 0 One Civic Square Carmel, IN 46032 Robert A. Hicks, Esq. Hall, Render, Killian, Heath & Lyman, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, IN 46282 04302rah.doc(mkj) P r EXHIBIT A ♦ The portion of the Real Estate which Plaintiff needs permanently for the Project and is seeking to take, condemn and appropriate fee simple title to is legally described as follows: A part of Lot 31 in Woodland Golf Club Subdivision in the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, the plat of which is recorded as Deed Record 136, pages 545 and 546 in the office of the Recorder of Hamilton County and being that part of Papanikandros's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked "Attachment 1" described as follows: Commencing at the northwest corner of Lot 31 and the point of beginning of this description; thence S 89° 53' 03" E (all bearings based on bearing system for Project No. STP -13886 ( ) for City of Carmel), 38.100 meters (125.00 feet) along the north line of Lot 31 to the east line of Lot 31; thence S 0° 06' 57" W, 12.904 meters (42.34 feet) along said east line to a point on right of way for Project No. STP -B886 ( ); thence N 89° 53' 03" W, 38.100 meters (125.00 feet) along said right of way to the west line of Lot 31; thence N 0° 06' 57" E, 12.904 meters (42.34 feet) along said west line to the point of beginning of this description, containing 0.0492 hectare (0.122 acre) more or less. • The specific terms and provisions of the temporary construction easement which Plaintiff needs for the Project are attached hereto as "Attachment 2." The Real Estate which Plaintiff is seeking to take, condemn and appropriate a temporary construction easement on, in, over, under and across is described as follows: A part of Lot 31 in Woodland Golf Club Subdivision in the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County Indiana, the plat of which is recorded as Deed Record 136, pages 545 and 546 in the office of the Recorder of Hamilton County described as follows: Commencing at the northwest corner of Lot 31, thence S 0° 06' 57" W (all bearings based on bearing system for Project No. STP -B886 ( ) for City of Carmel) 12.904 meters (42,34 feet) along the west line of Lot 31 to a point on the right of way for Project No. STP -B886 ( ); thence S 89° 53' 03" E, 10.87 meters (35.66 feet) along said right of way to the point of beginning of this description; thence continuing S 89° 53' 03" E, 21.000 meters (68.90 feet) along said right of way to a point on temporary right of way for Project No. STP -B886 ( ); thence S 0° 06' 57" W, 3.500 meters (11.48 feet) along said temporary right of way; thence N 89° 53' 03" W, 21.000 meters (68.90 feet) along said temporary right of way; thence N 0° 06' 57" E, 3.500 meters (11.48 feet) along said temporary right of way to the point of beginning of this description, containing 0.0073 hectare (0.018 acre) more or less. 04361 rah.doc(mkj) -Attachment 1 • ENGINEER'S SIETCH SHOWING PROPOSED ACQUISITION �fT PARCEL 14 CODE. PROJECT NO. STP -0806( ROA0:116th STREET COUNTY: HAMILTON SECT/ON. 6 TOWNSHIP. 17 N. RANGE. 1 E. RICHT-OF-WAY PARCEL PLAT PREPMED FOR CITY OF CARMEN DY STEPHEN J. CIIRISILLN 6 ASSOCIATES. P.C. OWNER. JAMES A MCKP*TEY - Y RACHEL W. 14d(9 CY INSTRUMENT NO.: 9207619 DATED: 3-6-92 DRAWN: A EDWMDS GATE; 1-22-01 CHECKED) S. ORS NM DATE; 1-22-01 NOTES: STATIONS Y OFFSETS R G1yo. (Th llY(:47fiT.7 1. EAST COORDINATES MD ROl OVER BOTH NOES. X SEE LOCATION CONTROL ROU SURVEY PLAT. TES. m STATION 1.340.553 AS SHOWN ON 114E LOCATION CONTROL ROUTE SURVEY PLAT FOR TMS P.O.T. IS IN ERROR. THE REVISED :STADON FOR THIS P.O.T. IS 1.320.276. • SURVEYOR'S STATEMENT•• - TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS PLAT TOGETHER WITH 11C LOCATION CONTROL ROUTE SURVEY PLAT RECORDED AS INSTRUMENT NO. 200000061076 IN THE OFFICE OF THE RECORDER OF HPMIL TON COUNT Y. INDINIA (INCORPORATED HEREIN AND MADE A PMT HERE OF BY REFERENCE) COMPRISE A ROUTE SURVEY, EXECUTED IN ACCORDANCE WITH INDIANA ADMINISTRATIVE CODE 865 IAC 1-12 (RULE 12). 2-6-01 STEP J. CHRIS' IM DATE REGISTERED LAND SURVEYOR N0. 690001 STATE OF INDIANA 9307 Horth MericCan SL, Sulk 349 Indiononors, In 46760 (3171 566-0529 Foe (317) 566.0633 E.wil! sjcassocandy.ncl Page 1 of 2 AttuPkenvnt 1 DETAIL OF YRuPOSED ACQUISITION �Wn 1a +e (+178 19.0 o I- 4 C✓nl Gv \SANT eP +210.0 +e 30 19.0 19.0 Lel Page 2 of 2 0 Attaringient 2 TERMS OF TEMPORARY CONSTRUCTION EASEMENT Temporary Rights Acquired by City of Carmel. During the term of the Project, Plaintiff shall have the exclusive right to utilize the Temporary Construction Easement for all purposes related to the construction of the Project, including, but not limited to the storing of Plaintiffs equipment and the staging of the construction of the Project. Upon the completion of the Project, such Temporary Construction Easement shall terminate and Plaintiff shall return the Temporary Construction Easement parcel in substantially the same condition as existed prior to the commencement of the Project. Rights Retained by Owner. The owner of the Real Estate ("Owner") shall retain unto itself and its grantees, heirs, successors and assigns, and others to whom Owner may grant rights or easements, the right to use the Temporary Construction Easement parcel for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Plaintiff, including without limitation the right to install, use, maintain, repair and replace • existing driveways and curbing not removed by Plaintiff as part of the Project. Owner and its grantees, heirs, successors and assigns shall retain.the right of access over and across the Temporary Construction Easement parcel to and from the public right-of-way to real estate owned by Owner adjacent to the Temporary Construction Easement parcel via Owner's existing driveway or any future driveway. �- Easement and Covenants A •urtenant. The easements created and made herein, together with the benefits thereof, shall run with the Real Estate and inure to the benefit of Plaintiff and its grantees, successors and assigns. The easements granted, created and made herein, together with the burdens thereof shall run with and bind the Real Estate, and shall bind Owner and its grantees, successors and assigns. All covenants and agreements of the Owner and Plaintiff hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Real Estate and the Temporary Construction Easement parcel, as applicable, shall run with the Real -Estate and the Temporary Construction -Easement arcel; and shall inure to the benefit of and be binding upon Owner and Plaintiff, as applicable, and their respective grantees, successors and assigns- All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy. 04057raIi 01/24/02