Loading...
HomeMy WebLinkAbout116th - Michael King0 DULY ENTERED FOR TAXATION J Subject to final acceptance for transfer 11 day of FeloruaY.( , 2005 7-kincilv Auditor of Hamilton County Parcel # R1w LIMITED WARRANTY DEED 2005000094533 Filed for Record in HAMILTON COUNTYr INDIANA JENNIFER J HAYDEN 02-17-2005 At 12:12 Fm. WARR DEED 18.00 THIS INDENTURE WITNESSETH, That Michael B. King ("Grantor") CONVEYS AND SPECIALLY WARRANTS to the City of Carmel, Indiana ("Grantee"), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate located in Hamilton County, State of Indiana: A part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the real estate described in Instrument Number 9709726168 in the Office of the Recorder of Hamilton County, Indiana (the "Parent Tract"), lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "A," described as follows: Commencing at the northwest comer of said quarter section, designated as point "575" on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 9.053 meters (29.70 feet) along the north line of said section to the southwest corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, designated as point "508" on said parcel plat; thence North 89 degrees 50 minutes 14 seconds East 252.954 meters (829.90 feet) along the north line of said Section 1 to the northwest comer of the Parent Tract and the point of beginning of this description: thence continuing North 89 degrees 50 minutes 14 seconds East 38.626 meters (126.73 feet) (126.4 feet by Instrument No. 9709726168) along said north line to the northeast corner of the Parent Tract; thence South 0 degrees 51 minutes 38 seconds West 13.802 meters (45.28 feet) along the east line of the Parent Tract; thence North 89 degrees 50 minutes 14 seconds West 32.814 meters (107.66 feet) to point "761" designated on said parcel plat; thence South 51 degrees 10 minutes 39 seconds West 3.202 meters (10.51 feet) to point "760" designated on said parcel plat; thence South 4 degrees 51 minutes 25 seconds West 44.410 meters (145.70 feet) to the east boundary of Ralston Avenue at point "813" designated on said parcel plat; thence North 0 degrees 37 minutes 12 seconds East 60.045 meters (197.00 feet) along the boundary of said Ralston Avenue and along the prolonged east boundary of said Ralston Avenue to the point of beginning and containing 614.3 square meters (6,612 square feet), more or less, inclusive of the presently existing right-of-way which contains 141.3 square meters (1,521 square feet), more or less. The portion of the above-described real estate which is not already embraced within the presently existing right-of-way contains 473.0 square meters (5,091 square feet), more or less. Subject to the lien for real property taxes not delinquent. Subject to a right of reversion in the Grantor, his successors, heirs and assigns in the event of the abandonment of all uses of the afore -described real estate by Grantee and all persons and entities claiming by, through and under Grantee. Grantor, as his 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 Grantor's 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 executed this deed this 7 day of Feb(t,r,r-( , 2005. Signature teLP Printed: Michael B. King STATE OF INDIANA COUNTY OF ryl at i o.� ) SS: ACKNOWLEDGMENT Before me, a Notary Public in and for said County and State, personally appeared Michael\"B acknowledged the execution of the foregoing Limited Warranty Deed and who, having been dulyrsw m#ii' representations therein contained are true. Witness my hand and Notarial Seal this 1.w` day of Fe'- u nab , 2005. My Commission Expires: - 10- Oct Resident of This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN HEATH & tYMAN u, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282. Send tax bills to: City of Carmel, One Civic Square, Carmel, Indiana 46032. After recording, return to Robert A. Hicks, HALL, RENDER, KILLIAN, HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282. 134701_3.DOC/mkj • PARCEL 35 PROJECT: STP -8666( t ROAD: 116111 STREET COUNTY: MILTON SECTION: 1 TOWNSHIP: 11 N. RANGE: 8 E. EXHIBIT A RIGHT—OF—WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL OWNER: KING, MICHAEL B. INSTRUMENT N0. 6708728168 DATED: 6-20-97 DRAWN BY: C.J BNOOST6010 ON 56 1 CHECKED BY: J.N. RITTER, 12-05-01 Hatcheaes is the • approximate taking. 100' Dimensions Moen below are (ram the above listed record documents. Centerline stationing tie marks are shown at 20 meter intervals. JI �� R/19-......,1 I RAW Lot 2 m N N Line "PR -r s s 0 SCALE: 1'.60' 1 116th STREET _ 126.4' ISM RAW Residue "A" 0 n 126.4' Lot 18 R/W o 0 TEMPORARY EASEMENT AGREEMENT 200500009454 Filed For Record in HAMILTON COUNTY' INDIANA JENNIFER J HAYDEN 02-17-2005 At 12:12 cm. EASEMENTS 44.00 This Temporary Easement Agreement (this "Agreement") is made and entered into this 11/4, day of f'ebr,Gr , 2005, by and between Michael B. King ("Grantor") and the City of Carmel, Indiana ("Grantee"). RECITALS A.Grantor owns certain real property (the "Grantor Parcel") located in Hamilton County, Indiana more particularly described as follows: A part of the Northeast Quarter of Section i, Township 17 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Beginning at a point in the North line of said Quarter Section, distant 859.6 feet East of the Northwest corner thereof, and running thence East upon and along said North line 126.4 feet to a point; thence South and parallel to the West line of said Quarter Section, 275 feet to a point; thence West and parallel to the North line aforesaid, 126.4 feet to a point; thence North and parallel to the West line aforesaid, 275 feet to the place of beginning. B. Grantor also owns certain real property (the "Temporary Easement Parcels") located in Hamilton County, Indiana more particularly described as follows: A part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northwest corner of said quarter section; thence North 89 degrees 28 minutes 02 seconds East 9.053 meters (29.70 feet) along the north line of said section to the southwest corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana; thence North 89 degrees 50 minutes 14 seconds East 291.580 meters (956.63 feet) along the north line of said Section 1 to the northeast corner of that certain real estate described in Instrument No. 9709726168 in the Office of the Recorder of Hamilton County, Indiana (the "Parent Tract"); thence South 0 degrees 51 minutes 38 seconds West 13.802 meters (45.28 feet) along the east line of the Parent Tract to the point of beginning of this description: thence continuing South 0 degrees 51 minutes 38 seconds West 2.000 meters (6.56 feet) along said east line; thence South 89 degrees 50 minutes 14 seconds West 35.278 meters (115.74 feet); thence North 51 degrees 10 minutes 39 seconds East 3.202 meters (10.51 feet); thence South 89 degrees 50 minutes 14 seconds East 32.814 meters (107.66 feet) to the point of beginning and containing 68.1 square meters (733 square feet), more or less. vv$ • • AND A part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows; Commencing at the northwest corner of said quarter section; thence North 89 degrees 28 minutes 02 seconds East 9.053 meters (29.70 feet) along the north line of said section to the southwest corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana; thence North 89 degrees 50 minutes 14 seconds East 252.954 meters (829.90 feet) along the north line of said Section 1 to the northwest corner of the Parent Tract and the prolonged east boundary of Ralston Avenue; thence South 0 degrees 37 minutes 12 seconds West 60.045 meters (197.00 feet) along said prolonged boundary and along the east boundary of said Ralston Avenue to the point of beginning of this description: thence South 52 degrees 18 minutes 21 seconds East 14.006 meters (45.95 feet); thence South 89 degrees 40 minutes 14 seconds East 15.500 meters (50.85 feet); thence North 41 degrees 54 minutes 22 seconds East 17.754 meters (58.25 feet) to the east line of the Parent Tract; thence South 0 degrees 51 minutes 38 seconds West 17.071 meters (56.01 feet) along said east line; thence South 63 degrees 18 minutes 53 seconds West 16.976 meters (55.70 feet); thence North 89 degrees 40 minutes 14 seconds West 17.000 meters (55.77 feet); thence South 72 degrees 34 minutes 01 second West 6.556 meters (21.51 feet) to the east boundary of said Ralston Avenue; thence North 0 degrees 37 minutes 12 seconds East 22.000 meters (72.18 feet) along the boundary of said Ralston Avenue to the point of beginning and containing 513.7 square meters (5,529 square feet), more or less. , DO e ab iq 5-3 C. Grantee requires a temporary easement over, upon, through and across the Grantor Parcel for the construction, widening and improvement of 116`h Street in Carmel, Indiana (the "Project"), including, but not limited to, construction of a retaining wall, construction of a driveway serving Grantor's adjoining property, and construction of an access road for use by the public upon the Grantor Parcel and requires a temporary easement over, upon, through and across the Temporary Easement Parcels for purposes of gaining access from 116`h Street to the Grantor Parcel. D. Grantor is willing to grant to Grantee a temporary easement over, upon, through and across the Temporary Easement Parcels for the "Term" which shall not exceed 120 days from commencement of use through completion of use. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grants of easements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Temporary Rights Acquired by Grantee. During the Term, Grantor hereby grants and conveys to Grantee and Grantee's employees, agents, contractors, subcontractors, grantees and licensees the non-exclusive right to utilize the Temporary Easement Parcels for purposes of gaining access to the Project. At the expiration of the Term, such temporary easement shall terminate. 2 0 0 2. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs, successors and assigns, and others to whom Grantor may grant rights or easements, the right to use the Temporary Easement Parcels for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Grantee, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the Proj ect. 3. Easement and Covenants Appurtenant. The easements granted, created and made herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The easements granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Grantor Parcel and the Temporary Easement Parcels, as applicable, shall run with the Grantor Parcel and the Temporary Easement Parcels, and shall inure to the benefit of and be binding upon Grantor and Grantee, 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 (including without limitation, court costs and attorneys' fees). 4. Settlement Agreement. This Agreement is subject to the terms and conditions of that certain Settlement Agreement by and between the parties, a true copy of which is attached hereto and incorporated herein as Exhibit A. To the extend this Agreement conflicts with such Settlement Agreement, the Settlement Agreement shall control. 5. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR GRANTEE By:kti t By: Printed: Michael B. King Printed: Stephen Engelking Director Administration City of Carmel, Indiana 0 • STATE OF INDIANA ) SS: COUNTY OF 0/ c r On Before me, a Notary Public in and for said County and State, personally appeared Michael B. King who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this 'P.^ day of Feb c sc.c_I , 2005. My Commission Expires: 3-b - oc aOVhalm rP C')ai t Notary Public Resident of fho,rlon Coun STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) l-= CA t - Printed Before me, a Notary Public in and for said County and State, personally appeared Stephen Engelking, Director of Administration of Grantee, who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement on behalf of said Grantee. Witness my hand and Notarial Seal this (°day of t -w ort My Commission Expires: - 2 S _o Resident of 140..+] O 4Y P& SERI h o. , 2005. Notate Public Printed 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, Indiana 46282. 134730_2.DOGmkj Q STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) 0 Exhibit A IN THE HAMILTON SUPERIOR COURT NO. 1 CAUSE NO. 29D01 -0402 -PL -0104 CITY OF CARMEL, INDIANA ) Plaintiff, ) )) vs. ) ) MICHAEL B. KING, INTEGRITY ) MORTGAGE CORPORATION, U.S. ) BANK NATIONAL ASSOCIATION ND, ) Defendants. ) FILED NOV 1 7 2004 CZ:4CLERN 00 TryEJ HAMILTON SUPERIOR COURT SETTLEMENT AGREEMENT This Settlement Agreement is made and entered into by and between the City of Carmel ("Plaintiff) and Michael B. King ("Defendant"). Defendants Integrity Mortgage Corporation and U.S. Bank National Association ND have released their interest in this action, Release being attached hereto. The parties agree to the following: 1. Payment. Plaintiff and Defendant hereby agree to resolve this matter. Plaintiff agrees to pay, and Defendant agrees to accept, as the total amount due Defendant in this matter, Thirty -Four Thousand Nine Hundred Dollars ($34,900.00) for the interest described in paragraph 9 of Plaintiffs Complaint and Twenty Thousand Dollars ($20,000.00) for the temporary easement described in Paragraph 11 of Plaintiffs Complaint. 2. Construction. The parties agree that the actual use of the temporary easement described in paragraph 11 of the Complaint may occur at any time during the duration of the easement, but will not exceed 120 days from commencement of use through completion of use. Further, Plaintiff will remove any temporary road placed on the subject property, excluding that which will remain for use by Defendant as a driveway to be constructed by Plaintiff consistent with Exhibit "A" to this Agreement, no more than thirty (30) days from the re-opening of Ralston Drive as anticipated in the construction plan on record in the Office of the City Engineer, City of Cannel, Indiana. 3. Traffic Control. For the duration of use of Defendant's property as a temporary right- of-way, Plaintiff shall install stop signs or traffic control devices at the southeast corner of Ralston and the temporary road to control north-bound traffic and at the southeast corner of Defendant's garage to control south-bound traffic. 4. Miscellaneous. Plaintiff will contact Defendant at least sixty (60) days prior to construction activities on Defendant's property, and will encourage utilities to do same. Plaintiff and Plaintiff's contractor will be allowed to work during daylight hours, Monday through Saturday. Work will normally not be allowed on Sundays or holidays as defined by the Indiana Department of Transportation Standard Specifications. Plaintiff will not install any restroom facilities on the subject property. Plaintiff will be responsible during actual construction activities of the subject property to reasonably control and mitigate dust, noise, and litter on the subject property and adjacent properties, will keep construction zones on the subject property reasonably free of construction debris and will maintain the worksite on the subject property in a manner consistent with applicable laws and regulations 5. Inspection. Plaintiff will arrange independent professional inspections of the single family dwelling on the subject property prior to and after completion of construction of the temporary road on the subject property. Plaintiff will be responsible for any structural damage that independent inspection determines was directly caused by construction of the temporary road on the subject property. 6. Dismissal of Proceedings. Plaintiff and Defendants request that these proceedings be dismissed with prejudice. 7. Effective Date. This Settlement Agreement shall become effective following execution by both parties and approval by the Court. Plaintiff D B. Honig Attorney for Plaintiff STATE OF INDIANA COUNTY OF 1,40JUN( ) SS: Defen. L is Sean M. Clapp Attorney for Defendan Before me, a Notary Public in and for said County and State, personally appeared David S. Honig, on behalf of the City of Carmel, who acknowledged the execution of the foregoing Settlement Agreement, and who, having been duly sworn, stated that all matters referred to therein are true. WITNESS my hand and Notarial Seal this ff' day of July , 2004. My Commission Expires: a-2-0% Notary Public i� 1t14. S. 11' 4ir io.n d Printed Resident of Morgan County 0 STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Sean M. Clapp on behalf of Michael B. King who acknowledged the execution of the foregoing Settlement Agreement, and who, having been duly sworn, stated that all matters referred to therein are true. WITNESS my hand and Notarial Seal this 3) qday of Uri rinn,t- , 2004. My Commission Expires: 27-1,- t etra t f r,,A11" Date: NOV 16 2004 Distribution: Notary Public C flr coo. �.-'- CLc,.r1c Printed Resident of 111nn.c'‘t„< County Approved By: RECOM D FOR AP AL Qat Judge, HAMH lj Ste! APPROVE David B. Honig HALL, RENDER, KILLIAN, HEATH & LYMAN, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, Indiana 46282 Sean M. Clapp SEAN M. CLAPP, LLC 3815 River Crossing Pkwy. Suite 30 Indianapolis, IN 46240 88054_1 Judge ZC. 36. T18N, R3E - SEC. I. TIM. R3E ,OL a rOrMera<MmnWna CLAY TD'NISHP HAMILTON O 2)eMr OTR .Pip 1 CLAY TOWNSHIPs,_ J '1 >$viampA D O COUNTY I HNIILTDx COUPONtH=Ri-O a yam r O Pio/Pion Naga m»wr.ru m Rr. CO STR�1/,(fyM I_ I c L r r t 1 E• ' Co y A.. � mow. :,. vrPiona nrM For Additional Information See I "1---- —1-'- i:m ---e5-4,-4;_ A : R .:'rRe. \ ..tr•� Ralston Temporary ScamDetail ® 1=' �,I k I Constr. 1 - LT. .3 rII o f s F42nol ramp. ami ro< Y Michael B. King a /\ rvot ITstvro p. I � ni Lt; B 91 Robert Sally Brolton - j W is \If4'S o.M•e ,N RAY i \ \ is • Temp..3 i k y E � . rm e'UYr H-„ 1 �� e iP`:�ji IILCPR-1- De Not i16 5YR-L ;'--, Ohtvelrees ` 1111 A s'4(:� M✓ ; s )s ,,r7:,- k Dr. Contr. A' , u 3M m Phe'N6 Ramon ®/ t� ,F Il I I •ii 1 •tLr N I .. 91^ \ MI.. Ml1 ✓w Nv.'11°W E.ls1 Dr. ��t�(I�f �? 196 -W S_ • I n m •' �_ _ �RAe ..W� En AM -�. �` J o.I4t # V .. .I IK.tfl /�3n n {n_'r c k u 'nJ." .i // 4.AyA (t..0 0 APISRMIs.9x71 •nl ICIliPO ^„� 9 ..` _.': __ i e Po� -. APP. E.M. VW y II- 90.29 32 __ tee'.. _ Trr, e;E�� I 11 •� ao4S xm3 RALSTON AVT. (25 mph) ■O 1 Ey 10 Line •S-4-A W '• " ii €( •II (\ 4f // cont,. limits AAA J ___. © Units. 'nisi- ,pal ` t Ty END CO07 > r CA /A Pass' n E.ioL RM ! y T1�Oa073.2.9,9•&4A• 3 S-4-N R LEGEND SEE SHEET No. 42 / \[Y \ iRAPP I Pa 0 J , T ®]rhe' '1 �S/H HO 9W r APP. Exist. RM _ _ •C 1 I ! ,-4m!'. i "€i -. §911)1 19 m PR-P9771 fid PR"r Am E.. RM d • s i CK9I.25 S '✓. RILhDrd A & Gui M. Schmid N ii_-x e or _ OI © / im, RM\for Ret. Mull O �n , 6 s Afkmaasav to cme i I. $ I Coil M. Schmid l� _ . ® S tii ,T g E ii ,-, a3ee SMR N0. S6 Donnybrook 1 w ` Addition 1 ..0010 n SFAINGONST�ICTION a N li n . Roland W 3m am Poe 4 on 3& Ruth Anne Stogie STA. 8+007.000"S-4-A" For Improvements Along 16th SEA SOO Lino "PR-1; Rand ProAle L R/W ON THIS SHE T TO RE AS SHOWN. ALL R/W DESCRIBED FROM LINE -S-4-A". En TAS SHOWN. 0 - _ T- � : .as,.. ii ut• riiLit - V.F.I. 8+020.000 251.01. v.r.l.:. 411 3 RP. •\ P. leovIoW �WewIPC 4d GrM.. 9_ for �.. om41cI illi. L 253 p _L. .2525 ,2 .. roomed E.P. ••.+ .413611 613. no. 94 252 ■ S 2 251 — - Pr Posld end urs 1-4-A• < T loT NG -e3. AA. 250 +03a m.x.,N nm Pie 0 +0. S - Me. 249.526 ,,.,, . 't 2QT72 �400Q72ed card in HAMILTON L1 NTY INDIANA JENNIFER J HAYDEN p PT REL2NT6 At 03414.00 .. TEMPORARY PARTIAL RELEASE OF REAL. ESTATE MORTGAGE The undersigned, as assignee ofthe Real Estate Mortgage executed by MICHAEL B. KING, an Indiana resident, in favor of INTEGRITY MORTGAGE CORPORATION, an Ohio corporation, recorded on December 3, 2002, in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 20020092775, (the "Mortgage") which has been subsequently assigned to WACHOVIA BANK OF DELAWARE, NA, successor by merger to First Union National Bank of Delaware, hereby partially releases the Mortgage only as to the real estate described on the attached Exhibit A, which is incorporated herein by reference, for only so long as necessary to accomplish the purposes_ set forth in a temporary- easement -contained ln- paragraph 11 of the Complaint filed inHamilton County Superior Court, Cause No. 29D01 -0402 -PL -0104, and then this temporary, partial release shall dissolve and terminate. IN WITNESS WHEREOF, Mortgagee has caused this Release f Estate Mortgage to be executed by its duly authorized representative thi y of 2004. STATE OF c.AmoRn ) ) SS: COUNTY OF SAcsAMTO • Before me, a Notary Public in and for said County and State, personally appeared Juanita Jennette, the Vice President of WACHOVIA BANK OF DELAWARE, N.A., successor by merger to Fast Union National Bank ofDelaware, and acknowledged the execution of the foregoing, and who, have been duly sworn, stated that the representations therein contained are true. WACHOVIA BANK OF DELAWARE, NA, successor by merger to First Union National Bank of Delaware Witness my hand and Notarial Seal this 241." day of S CY T . 2004. GARY L. SNYDER COMM SSION#}367362 NOTARY PUBLIC -CALIFORNIA:: SACRAMENTO COUNTY." MY 001AMA%PEND JUL 19 200 My commission expires: etaixttlill if— Gary L Snyder Printed Name Residing in Sacramento County, This instrument prepared by Sean M. Clapp, Attomey-at-Law, SEAN M. CLAPP, LLC, 3815 River !'�..ve:.... Da.1....a.. e..«e'tn r..a:........,.w., r.,a:....., nceen t EXHIBIT "A" Project: STP -B886( ) Sheet 1 ofa Parcel: 35A Temporary R/W for Retaining Wall Construction (Working Room Only) A part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana described as follows: Commencing at the northwest corner of said quarter section; thence North 89 degrees 28 minutes 02 seconds Past 9.053 meters (29.70 feet) along the north line of said section to the southwest corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana; thence North 89 degrees 50 minutes 14 seconds East 291.580 meters (956.63 feet) along the north line of said Section 1 to the northeast corner of the grantor's land; thence South 0 degrees 51 minutes 38 seconds West 13.802 meters (45.28 feet) along the east line of the grantor's land to the point of beginning of this desrription: thence continuing South 0 degrees 51 minutes 38 seconds West 2.000 meters (6.56 feet) along said east line; thence South 89 degrees 50 minutes 14 seconds West 35.278 meters (115.74 feet);. thence North 51. degrees 10 minutes 39 seconds East 3.202 meters (10.51 feet); thence South 89 degrees 50 minutes I4 seconds East 32.814 meters (107.66 feet) to the point of beginning and containing 68.1 square meters (733 square feet), more or Less. This description was prepared for the City of Cannel by John M. Garvey, Indiana Registered Land Surveyor, License No. S0148, on the 7m day of December, 2001. This description was wiittnI. from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. EXHIBIT A v •, EXHD3IT "A" Project: STP -B886( ) Sheet 2.ofa Parcel: 35B Temporary RJW for Temporary Access Road and Drive Construction A part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northwest corner of said quarter section; thence North 89 degrees 28 minutes 02 seconds East 9.053 meters (29.70 feet) along the north line of said section to the southwest corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana; thence North 89 degrees 50 minutes 14 seconds East 252.954 meters (829.90 feet) along the north line of said Section 1 to the northwest corner of the grantor's land and the prolonged east boundary of Ralston Avenue; thence South 0 degrees 37 minutes 12 seconds West 60.045 meters (197.00 feet) along said prolonged boundary and along the east boundary of said Ralston Avenue to the point of beginning of this description: thence South 52 degrees 18 minutes 21 seconds East 14.006 meters (45.95 feet); thence South 89 degrees 40 minutes 14 seconds East 15.500 meters (5085 feet); thence North 41 degrees 54 minutes 22 seconds East 17.754 meters (58.25 feet) to the east line of the grantor's land; thence South 0 degrees 51 minutes 38 seconds West 17.071 meters (56.01 feet) along said east line; thence South 63 degrees 18 minutes 53 seconds West 16.976 meters (55.70 feet); thence North 89 degrees 40 minutes 14 seconds West 17.000 meters (55.77 feet); thence South 72 degrees 34 minutes 01 second West 6.556 meters (21:51 feet) to the east boundary of said Ralston Avenue; thence North 0 degrees 37 minutes 12 seconds East 22.000 meters (72.18 feet) along the boundary of said Ralston Avenue to the point of beginning and containing 513.7 square meters (5;529 square feet), more or less. This description was prepared for the City of Carmel by John M. Garvey, Indiana Registered Land Surveyor, License No. S0148, on the 7th day of December, 2001. This description was written from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. FilecOfor9Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 10-21-2004 At 031(17 pm. PT REL PITO 12.00 PARTIAL RELEASE OF REAL ESTATE MORTGAGE The undersigned, as assignee of the Real Estate Mortgage executed by MICHAEL B. KING, an Indiana resident, in favor of INTEGRITY MORTGAGE CORPORATION, an Ohio corporation, recorded on December 3, 2002, in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 20020092775, (the "Mortgage") which has been subsequently assigned to WACHOVIA BANK OF DELAWARE, N.A., successor by merger to First Union National Bank of Delaware, hereby partially releases the Mortgage only as to the real estate described on the attached Exhibit A, which is incorporated herein by reference. IN WITNESS WHEREOF, undersigned has caused this Partial Release of Real Estate Mortgage to be executed by its duly authorized representative this 23rJlay ofSppr jg,er 2004. STATE OF CALIFOER/A COUNTY OF SACRMIEFI'o ) SS: WACHOVIA BANK OF DELAWARE, N.A., successor by merger to First Union National Bankaelaware By: ed. Its: it v cel *: nnette Before me, a Notary Public in and for said County and State, personally appeared mann JEeNNE'rrE the VICE MELD r of WACHOVIA BANK OF DELAWARE, N.A., successor by merger to First Union National Bank of Delaware, and acknowledged the execution of the foregoing, and who, have been duly sworn, stated that the representations therein contained are true. Witness my hand and Notarial Seal this a 9' DEBORAH ANN CLEMONS COMMISSION#1361053, NOTARY PUBLIC - CALIFORNIA rn LesseonenSACRAMENTO COUNTY "' u ' MYCOMM.E%PIAESJULl8,200B My commission expires: Notary Public Deborah Ann gets Printed Name Residing in S 134144141A1'N County, c + tit4jb This instrument prepared by Sean M. Clapp, Attorney -at -Law, SEAN M. CLAPP, LLC, 3815 River Crossing Parkway, Suite 30, Indianapolis, Jndiana, 46240, J A part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County Indiana, and being that part of the real estate described in Instrument Number 9709726168 in the Office of the Recorder of Hamilton County, Indiana (the' Parent Tract"), lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "A," described as follows: Commencing at the northwest comer of said quarter section, designated as point "575" on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 9.053 meters (29.70 feet) along the north line of said section to the southwest corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, designated as point "508" on said parcel plat; thence North 89 degrees 50 minutes 14 seconds East 252.954 meters (829.90 feet) along the north line of said Section 1 to the northwest corner of the Parent Tract and the point of beginning of this description: thence continuing North 89 degrees 50 minutes 14 seconds East 38.626 meters (126.73 feet) (126.4 feat by Instrument No. 9709726168) along said north line to the northeast comer of the Parent Tract; thence South 0 degrees 51 minutes 38 seconds West 13.802 meters (45.28 feet) along the east line of the Parent Tract; thence North 89 degrees 50 minutes 14 seconds West 32.814 meters (107.66 feet) to point "761" designated on said parcel plat; thence South 51 degrees 10 minutes 39 seconds West 3.202 meters (10.51 feet) to point "760" designated on said parcel plat; thence South 4 degrees 51 minutes 2.5 seconds West 44.410 meters (145.70 feet) to the east boundary of Ralston Avenue at point "813" designated on said parcel plat; thence North 0 degrees 37 minutes 12 seconds East 60.045 meters (197.00 feet) along the boundary of said Ralston Avenue and along the prolonged east boundary of said Ralston Avenue to the point of beginning and containing 614.3 square meters (6,612 square feet), more or less, inclusive of the presently existing right-of-way which contains 141.3 square meters (1,521 square feet), more or less. The portion of the above-described real estate which is not already embraced within the presently existing right-of-way contains 473.0 square meters (5,091 square feet), more or leen. EXHIBIT A i I • Partial Release of Mortgage Account 0510202707 Know All Men by these Presents, That the undersigned, an assobiation under the laws of the United States of America, owner of the Mortgage hereinafter desc!ibed, for a valuable consideration, recelpt whereof Is hereby acknowledged, does forever discharge and release the tracts of land lying and being In the County of HAMILTON, State of INDIANA, descdbed as follows, to -wit SEE ATTACHED from all claims and liens of and under that certain mortgage dated the 22ND day of NOVEMBER, 2002 executed by MICHAEL B KNG, A SINGLE PERSONSas mortgagor to U.S. BANK • NATIONAL ASSOCIATION ND as mortgagee, filed for record In the office of the County Recorder In and for said county on the 3RD day of DECEMBER, 2002, and recorded in Book Page or as Document #200200092775, covering the above described and other land. • In Testimony Whereof, the said association has caused these presents to be executed In its corporate name by Its Operations Officer and its corporate seal to be affixed hereunto this 25TH day of AUGUST, 2004 U.S. BANK NATIONAL ASSOCIATION ND LEEN M LOKKEN Its: Operations Officer State of North Dakota t 5S County of Cass The foregoing was acknowledged before me tills 25TH day of AUGUST, 2004 by KATHLEEN M LOKKEN, the Operations Officer of 0.8, BANK NATIONAL ASSOCIATION.Nb, a national bank association, on behalt of the aesociaaori, . • • THIS INSTRUMENT WAS DRAFTED BY: Relall Se.vloe Center Oen Perfection P.O. Bea 2887 Fargo, NO 68102-2887 0 TRIPORARY R/w A. part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana, .described as follows: Commencing at the northwest comer of said quarter season; thence North 89 degrees 28 minutes 02 seconds Past 9.053 meters (29.70 feet) along tate north line of said section to the southwest corner of the Southeast Quarto of Section 36, Township 18 North, Range 3 East, Hamilton County, Indian; thence North 89 degrees 50 minutes 14 seconds East 152.954 meters (829.90 fret) along the north line of sa1d. Section 1 to -the northwest corner of the grantor's land and the prolonged east boundary of Ralston Avenue; thence South 0 degrees 37 minutes 12 seconds West 60.045 menus (197.00 feet) along said prolonged boundary and along the east boundary of said Ralston Avenue to the point of beginning of this desasptiom thence South 52 degrees 18 minutes 21 seconds East 14.006 meters (45.95 feet); thence South 89 degrees 40 minutes 14 seconds East 15.500 meters (50185 . feet); thence North 41 degrees 54 minutes 22 seconds East 17.754 meters (58.25 tat} to the east line of the grantor's band. thence South 0 degrees 51 minutes 38 seconds West 17.071 meters (56.01 feet) along said east line; thence South 63 .degrees 18 minutes 53 seconds West 16.976 meters (55.70 feet); ahem North 89 degrees 40 minutes 14 seconds West 17,000 meters (55.77 feet), thence South 72 degrees 34 minutes 01 second West 6556 meters (21.51 feet) to the east boundary of said Ralston Avenue; thence North 0 degrees 37 minutes 12 seconds East 22.000 meets (72.18 feet) atong the boundary of said Ralston Avenue to the point of beginning and containing 513.7 square meters (5,529 square feet), more or Less. 0 TEMPORARY R/W A. part of the Northeast 'Quarter of Section 1, Township 17 Nath, Range 3 Fret, Hamilton County, Indiana, dnerbed as follows: Commencing at the northwest corner of said quarter section; thence North 89 degrees 28 minutes 02 seconds East 9.053 meters (29.70 feat) along the north line of and sodas to the southwest coiner erlthe Southeast Quarter of Section 36, Township 1t Nath, Range 3 East, Hamilton County, ty, IWdiaaa; thence Nadi 89 degrees 50 minutes 14 seconds East 291.580 meters (956.63 feet) along the north line of aabf Seetlon I to the northeast caner of the grantor's latus; thence South 0 degrees 51 minuets 38 seconds West 13.802 meters (45.28 feat) along the east line of the grantor's land b the point of beginping of - this description- thence cxmtinning South 0 degrees 51 minutes 38 seconds West 2.000 meters (656 feet) along said east tine, thence South 89 degrees 50 minutes 14 seconds West 35.278 meters (115.74 feet); thence North 51 degrees 10 minutes 39 seconds East 3.202 metas (10.51 feet); thence South 89 degrees 50 minutes 14 seconds East 32.814 meters (107.66 feet) to the Point of beginning and emlaig 68.1 square melon (733 square feet), more or less. PERMANENT R/W A part of the Northeast Quuur of Section 1, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of-thepattle 's,land lying=w!Lin the right -c - way lines depicted on the attached Right -of -Way Parcel Plat marked as illi ►it B", dem as follows: Commencing at the northwest corner of said quartet section,. desigtmted as point '575" on said parcel pin thence Nath 89 degrees 28 minutes 02 seconds Bast -9.053 Meters (29.70 feet) along the north lane of said section to the southwest corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 Past, Hamilton County, Indiana, designated as point 6508" on said parcel plat; thence North 89 degree¢ 50 minutes 14 sus East 252354 meters (829.90 -fret) along the north line of said Section 1 to the northwest corner of the grantor's land and the point of beginning of this description: thence continuing Nath 89 degrees 50 minutes 14 seconds East 38.626 curers (126.73 feet) (126.4 feet by Instrameat No. 9709726I68) along said north line to the northeast corner of the grantor's land; thence South 0 degrees 51 minutes 38 seconds West 13.802 meters (45.28 feet) along the east line of the grantor's land; thence North 89 degrees 50 minutes 14 seconds West 32.814 meters (107.66 feet) to point "761' designated on said parcel plan thence South 51 degrees 10 minutes 39 seconds West 3.202 meters (1031 feet) to point "760" designated on said parcel plat; thence South 4 degrees 51 minutes 25 seconds West 44.410 meters (145.70 feet) to the cast boundary of Ralston Avenue at point "813" designated on said parcel plat; thence North 0 degrees 37 minutes l2_seconds_nyt 60.045 peters (197.00 =feet) -ai w,g.3he bcundry of -said Ralston Avenue and along the prolonged east boundary of said Ralston Avenue to the point of beginning and contain' lug 614.3 square meters (6,612 square feet), more or less, inclusive of the presently existing right -of --way which =taint 141.3 square meters (1,521 square feet), more or less. The portion of the above-descr%ed real estate which is not already embraced within the presently existing tight -of -way contains 473.0 agnate meoen (5,091 square feet), more or leas.