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HomeMy WebLinkAbout116th - Engledow LLCDC' ` "NTERES FOR TAXATIONp SuL�ect to final acceptance for transfer aanay of Lit14)-04.) , 20ECIAL WARRANTY DEED 4a,t,;,,xpkild, Auditor of HamiltonCOun[' Parcel # "— „ 200400073230 Filed for Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 10-22-2004 At 03:52 pm. SP WAR DEED 22.00 Project: STP -B886 Parcel: 20 Page: 1 of 2 THIS INDENTURE WITNESSETH, That ENGLEDOW PROPERTIES, LLC, an Indiana limited liability company ("Grantor"), of Hamilton County, State of Indiana Conveys and Specially Warrants to the CITY OF CARMEL INDIANA ("Grantee"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, certain Real Estate (the "Real Estate") situated in the County of Hamilton, State of Indiana, and being more particularly described in the legal description attached hereto as Exhibit "A" and depicted upon the Right of Way Parcel Plat attached hereto as Exhibit "B," both of which exhibits are incorporated herein by reference. This conveyance is subject to any and all easements, conditions and restrictions of record; and the lien of nondelinquent taxes and assessments. Grantor hereby specifically acknowledges and agrees that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever sha I remain with the Grantor, or any successors in title to the abutting lands of the Grantor, notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee or its successors in title, of a portion or all of the said Real Estate or any right of way, roadway or roadway appurtenances established thereupon. This acknowledgment and agreement is a covenant running with the land and 'hall be binding upon the Grantor and all successors and assigns. The undersigned person executing this deed on behalf of Grantor represents and certifies that he (she) is fully empowered to execute and deliver this deed on behalf of Grantor; that Grantor has full capacity to convey the Real Estate; and that all necessary company action for the conveyance of the Real Estate has been taken and done. Grantor, as its sole warranty herein, specifically warrants to Grantee, its successors and assigns, that it will forever defend title to the Real Estate (subject to the matters to which this conveyance is hereinabove made subject) against those claims, and only those claims, of all persons claiming title to or asserting claims affecting title to the Real Estate, or any part thereof, under, by, through or based upon the acts of, Grantor, but hot otherwise. IN WITNESS WHEREOF, the said Grantor has executed this instrument thi§ Ito day of Al us ,200.M. INIMAN2 809281v2 ENGLEDOW PROPERTIES, LLC Signature: ru0 Printed Na e: -retv,ke s L. Ewt, LE O Title: C E O STATE OF INDIANA SS: COUNTY OF HAMILTON ) Before me, a Notaryry Public in and for said State and County, personally ; appeared ,nt . 1, r 4osn7the CEO of Engledow Properties, LLC, an Indiana limited liability company, the Grantor in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be his voluntary act and deed on behalf of Said company and who, being duly sworn, stated that any representations contained therein and true. Witness my hand and Notarial Sea ig4ay of �, „�, 200 4 M �,�ml ion e Expires:, 9Oa M1y 4/� pResjdence: Printed Name This Instrument Prepared By Donald R. Russell, attorney, Hall, Render, Killian, Heath & Lyman, P.S.C., One American Square, Suite 2000, Indianapolis, Indiana 46282. INIMAN2 809281 v2 EXHIBIT "A" Project: STP -2886( ) Parcel: 20 Sheet 1 of 1 Fee Simple A part of the Southwest Quarter of Section 36, Township 18 North, Range 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 as Exhibit "B", described as follows: Commencing at the southeast comer of said quarter section, designated as point "508" on said parcel plat; thence South 89 degrees 28 minutes 02 seconds West 13.463 meters (44.17 feet) along the south line of said section to the southeast corner of the grantor's land and the point of beginning of this description: thence continuing South 89 degrees 28 minutes 02 seconds West 71.113 meters (233.31 feet) along said south line to the southwest corner of the grantor's land; thence North 0 degrees 19 minutes 59 seconds East 33.204 meters (108.94 feet) along the west line of the grantor's land; thence North 89 degrees 28 minutes 02 seconds East 62.614 meters (205.43 feet) to point "867" designated on said parcel plat; thence North 19 degrees 58 minutes 58 seconds East 37.556 meters (123.22 feet) to point "868" designated on said parcel plat; thence North 23 degrees 40 minutes 04 seconds East 61.891 meters (203.05 feet) to point "869" designated on said parcel plat; thence North 26 degrees 19 minutes 20 seconds East 30.653 meters (100.57 feet) to the eastern line of the grantor's land at point "870" designated on said parcel plat; thence Southwesterly along said eastern line 159.003 meters (521.66 feet) along an arc to the left and having a radius of 584.725 meters (1,918.39 feet) and subtended by a long chord having a bearing of South 15 degrees 43 minutes 38 seconds West and a length of 158.513 meters (520.06 feet) to the point of beginning and containing 0.3177 hectares (0.785 acres), more or less, inclusive of the presently existing right-of-way which contains 0.0477 hectares (0.118 acres), more or less. The portion of the above-described real estate which is not already embraced within the presently existing right- of-way contains 0.2700 hectares (0.667 acres), more or less. ,moi This description was prepared for the City of Cannel by John M. Garvey, Indiana Registered Land Surveyor, License No. 50148, on the 11t day of July, 2003. This description was written from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. EXHIBIT . RIGHT-OF-WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL PARCEL: 20 OWNER: ENGLEDOW PROPERTIES, LLC PROJECT: STP -8886( ) ROAD: 116th STREET INSTRUMENT NO. 9404261 COUNTY: HAMILTON SECTION: 36 TOWNSHIP: 18 N. RANGE: 3 E. SHEET 1 OF 2 DES. NO.: 9785910 & 9785911 DATED: 1-19-94 DRAWN BY: C.J. HOGSTON, 7-07-03 CHECKED BY: J.R. RITTER,7-09-03 Hatched area is the approximate taking. Dimensions shown below ore from the above listed record documents. Centerline stationing tic morks ore shown at 20 meter intervals. 0 35 0 36 ( O N • U .Y 0 > o n c h • 0 c ▪ 0 _ 0 .o - La Y • 0 c o - 0 o 0 R/W 0 • N Perpetual Eosement 1 IR/W `o L 0 .0.. u > U O C U � .. a. C h E ,--E c W.>. y:� o W 0 M..a- 0 a 0 ▪ - V � a o. a o w 3 N o al o1., o 0 1- r.L.. h O O c C Y 0 CO C U N .._ O O N n 653 Residue "A" 868 R/W • 100' 200' 70 • h 1. SCALE: 1'=100' '060 00 R/W �\ m r 5.100 Air" 0 1121010 44.17' 0 233.31 116th Line "PR -1" STREET 5.140 0 This plat wos prepared from information obtained from the recorder's office and other sources which were not necessarily checked by o field survey. On 36 31 1 6 1 PARCEL: 20 PROJECT: STP -8886( ) ROAD: 116th STREET COUNTY: HAMILTON SECTION: 36 TOWNSHIP: 18 N. RANGE: 3 E. EXHIBIT "B' RIGHT-OF-WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL OWNER: ENOLEDOW PROPERTIES, LLC SHEET 2 OF 2 DES. NO.: 9786910 & 9785911 DRAWN BY: C.J. HOGSTON, 7-07-03 CHECKED BY: J.R. RITTER, 7-09-03 POINT REFERENCE TABLE (METRIC UNITS) (NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES) POINT CENTERLINE STATION OFFSET NORTHING EASTINO 502' "PR -1" 1.200.059 3.435 Rt. 4629.038 4206.187 508" "PR -1" 2.009.481 3.200 Rt. 4636.563 5015.612 515 "PR -1" 2.818.967 0.000 Rt. 4638.861 5825.074, 537 "MONON" 4.902.430 0.000 Rt. 4836.655 5079.781; 539 "MONON" 5.200.549 0.000 Rt. 4551.172 5005.206' 560 "PR -1" 2.009.460 0.000 Rt. 4639.763 5015.582 565 "PR -1" 1.226.583 0.000 Rt. 4632.485 4232.739! 566 "PR -1" 2.390.002 0.000 Rt. 4640.843 5396.122 649 "PR -1" 1920.000 30.000 Lt. 4668.930 4925.847! 652 "PR -l" 1.960.000 30.000 LL 4669.302 4965.845: 653 "PR -1" 1.969.734 53.000 Lt. 4692.392 4975.365: 654 "PR -1" 1.977.101 49.882 Lt. 4689.342 4982.761; 655 "PR -1" 1.968.687 30.000 Lt. 4669.383 4974.532' 867 "PR -1" 1.988.000 30.000 Lt. 4669.562 4993.844: 868 "MONON" 5.050.000 19.000 Rt. 4704.858 5006.678! 869 "MONON" 4.990.000 12.500 Rt. 4761.543 5031.5241 870 "MONON" 4.960.000 10.159 Rt. 4789.017 5045.1161 = See 'Location Control Route Su vey Plat' SURVEYOR'S STATEMENT To the bast of my knowledge and belief, this plat, together with the 'Location Control Route Survey Plat' recorded as Instrument No. 200000059060 In the Office of the Recorder of Hamilton County, Indiana, (Incorporated herein and made a part hereof by reference) comprise a Route Survey executed In accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12). IN F' Farrar, CerCerny& Associates, LLC 8.985 N. i(eridien + Indianapolis, 48280 /9171011-0900 4. FAX (317) 811-9158 \\�tttutu11400, k.. VA. Gdti; 'Q.. ai, f0'1��[ No. 50148 • I Si �. STATE OF 1Ce •0' 7-11-03 ">�' /NoIA...`t.4O Joh, M. Oervey V Date .Sv Reg. Land Surveyor No. S0148 �r4urummm����� State of Indiana