HomeMy WebLinkAboutWarranty Deed .1 ' 1 , Instrument
9709725449
" r' AZ.,_ SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that Mayflower Transit, Inc., an Indiana
corporation ("Grantor"), GRANTS, SELLS and CONVEYS to Mayflower Office Building,
L.L.C., an Indiana limited liability company ("Grantee"), for the sum of Ten and no/100
Dollars ($10.00) and other valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, the real estate in Hamilton County, Indiana, more
particularly described in the attached Exhibit A, together with all improvements
thereon or thereto, all easements, licenses, hereditaments, privileges, tenements and
appurtenances belonging to or benefitting said real property, and all right, title, and
interest of Seller in and to all open or proposed highways, streets, roads and other
rights-of-way serving or benefitting said real property and all strips and gores in, on,
across, in front of, contiguous to, abutting or adjoining said real property (collectively,
the "Real Estate") subject to the matters identified on Exhibit B.
Grantor, as its sole warranty herein, specially warrants to Grantee, its
successors and assigns, that Grantor will forever defend title to the Real Estate
(subject to the matters to which this conveyance is hereinabove made subject) against
only those claims of persons who shall claim title to or assert claims affecting the title
to the Real Estate, or any part thereof, under, by or through Grantor, but not
otherwise.
The undersigned person executing this deed on behalf of Grantor
represents and certifies that he is a duly elected officer of Grantor and has been fully
empowered and duly authorized by all necessary action of Grantor to execute and
deliver this Special Warranty Deed; that Grantor has full capacity to convey the real
estate described herein; and that all necessary action for the making of such
conveyance has been taken or done.
IN WITNESS WHEREOF, Grantor has executed this Special Warranty
Deed as of the 6th day of June, 1997. 97097E5449
Filed for Record in
HAMILTON COUNTY, INDIANA
GRANTOR: MARY L CLARK
On 06-26-1997 At 02:14 pm.
SP WAR DEED 18.O0
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LAND DESCRIPTION
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MAYFLOWER OFFICE BUILDING PARCEL
A part of the Southwest Quarter and a part of the Northwest Quarter of Section 7, Township 17
North, Range 3 East, Hamilton County, Indiana, described as follows:
Commencing at the Southwest Corner of the Southeast Quarter of said Northwest Quarter
Section; thence along the South line of said Northwest Quarter Section South 89°39'59" East 367.43
feet to the POINT OF BEGINNING of this description; thence continuing along said South line South
89°39'59" East 556.92 feet to the Westerly right-of-way of Michigan Road (U.S.R. 421), also being the
point of curvature of a curve, concave Easterly having a central angle of 00°01'49" and a radius of
229,182.75 feet;thence Southerly along said curve and right-of-way an arc distance of 120.73 feet(said
arc being subtended by along chord having a bearing of South 19°48'22' East and a length of 120.73
feet); thence along said right-of-way South 19°49'16" East 318.37 feet;thence leaving said right-of-way
South 69°20'14"West 474.95 feet to the point of curvature of a curve, concave Southeasterly having
a central angle of 46°40'30"and a radius of 245.00 feet thence Southwesterly along said curve an arc
distance of 199.58 feet(said arc being subtended by a long chord having a bearing of South 45°59'59"
West and a length of 194.11 feet)to the point of tangency thereof;thence South 22°39'44"West 20.42
feet;thence South 90°00'00"West 565.53 feet; thence North 00°00'00" East 740.24 feet to the South
line of said Quarter Section; thence along said South line North 89°39'59" West 618.58 feet to the
Southeast line of a 150-foot wide Gas Line Easement to Panhandle Eastern Pipe Line Company, per
Deed Record 280, page 494 in the Office of the Recorder of Hamilton County, Indiana; thence along
said Southeast line North 48°25'13" East 459.46 feet;thence South 89°39'59' East 367.78 feet to the
West line of the Southeast Quarter of said Northwest Quarter, thence South 01°37'02"West 0.64 feet
along the West line of said Quarter-Quarter Section; thence South 34°26'53" East 38.49 feet; thence
North 81°46'00" East 338.60 feet; thence South 00°19'59" East 325.13 feet to the POINT OF
BEGINNING; Containing 22.375 acres, more or less.
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A part of the Southwest Quarter and a part of the Northwest Quarter of Section 7, Township 17
North, Range 3 East, Hamilton County, Indiana, described as follows:
Commencing at the Southwest Corner of the Southeast Quarter of said Northwest Quarter
Section; thence along the South line of said Northwest Quarter Section South 89°39'59" East 367.43
feet to the POINT OF BEGINNING of this description; thence continuing along said South line South
89°39'59" East 556.92 feet to the Westerly right-of-way of Michigan Road (U.S.R. 421), also being the
point of curvature of a curve, concave Easterly having a central angle of 00°01'49" and a radius of
229,182.75 feet; thence Southerly along said curve and right-of-way an arc distance of 120.73 feet(said
arc being subtended by along chord having a bearing of South 19°48'22" East and a length of 120.73
feet); thence along said right-of-way South 19°49'16" East 318.37 feet; thence leaving said right-of-way
South 69°20'14" West 474.95 feet to the point of curvature of a curve, concave Southeasterly having
a central angle of 46°40'30" and a radius of 245.00 feet;thence Southwesterly along said curve an arc
distance of 199.58 feet(said arc being subtended by a long chord having a bearing of South 45°59'59"
West and a length of 194.11 feet)to the point of tangency thereof thence South 22°39'44"West 20.42
feet; thence South 90°00'00"West 565.53 feet; thence North 00°00'00" East 740.24 feet to the South
line of said Quarter Section; thence along said South line North 89°39'59" West 618.58 feet to the
Southeast line of a 150-foot wide Gas Line Easement to Panhandle Eastern Pipe Line Company, per
Deed Record 280, page 494 in the Office of the Recorder of Hamilton County, Indiana; thence along
said Southeast line North 48°25'13" East 459.46 feet; thence South 89°39'59" East 367.78 feet to the
West line of the Southeast Quarter of said Northwest Quarter; thence South 01°37'02"West 0.64 feet
along the West line of said Quarter-Quarter Section; thence South 34°26'53" East 38.49 feet; thence
North 81°46'00" East 338.60 feet; thence South 00°19'59" East 325.13 feet to the POINT OF
BEGINNING. Containing 22.375 acres, more or less.
TRACT II
Also, together with a permanent drainage easement, in accordance with the terms thereof, set
out in Grant of Easement dated July 27, 1973, recorded August 1, 1973 in Deed Record 268, page 46,
in the Office of the Recorder of Hamilton County, covering a strip of ground more particularly described
as follows:
From a point 2025.00 feet West of the Northeast corner of the North one-half of the South one-
half of Section 7, Township 17 North, Range 3 East, Clay Township, run thence South 400.00 feet to
a point thence West 899.4 feet to a point of beginning; thence Southeasterly along the centerline of
Indiana State Road No. 421, 26.70 feet to a point, thence East parallel to the North line of said South
half of said Section 7, 1809.1 feet, more or less,to a point which is 1106.46 feet West of the Northeast
corner of said North one-half of said South Half of Section 7 and 425 feet South of said corner; thence
North parallel to the East line of said Section 7 a distance of 25.00 feet; thence West parallel to the
North line of said South half of said Section 7, a distance of 1817.9 feet, more or less, to a point in the
center line of Indiana State Road No. 421,which is the point of beginning.
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.eing subtended by a chord having a bearing of South 19°45'27" East and a length of 230.99 feet) to
the North line of the Northwest Quarter of the Southwest Quarter also being a point on the North line
of a 57.810 acre parcel conveyed from Baur Steinkamp and Company to Avenue Realty Corporation
by a Corporate Warranted Deed recorded in Deed Book 295, page 272 in the Office of the Recorder
of Hamilton County, Indiana; thence on the following four courses along the Northerly, Easterly and
Southerly lines of said 57.810 acre tract: 1) South 89°39'59" East 53.25 feet (PK Nail set) to the
centerline of said Michigan Road, being a point on a curve concave Easterly having a central angle of
00°01'49" and a radius of 229,182.75 feet; 2) Southerly along said curve and along said centerline an
arc distance of 120.73 feet, (PK Nail set) (said arc being subtended by a chord having a bearing of
South 19°48'22"East and a length of 120.73 feet); 3)South 19°49'16" East along said centerline 934.98
feet(PK Nail set); 4) South 88°17'42"West 657.19 feet(5/8" rebar found)to the West line of a 42.284
acre tract conveyed from Martha E. Parish to Avenue Realty Corporation by a Warranty Deed recorded
in Deed Book 337, page 453 in the Office of the Recorder of Hamilton County; thence on the following
nine courses along the Easterly, Southerly, and Westerly lines of said 42.284 acre parcel: 1) South
19°26'46" East 624.76 feet(5/8" rebar found); 2)South 88°08'16"West 422.08 feet(5/8" rebar found);
3) South 00°13'16" West 1066.52 feet (PK Nail found) to the South line of the Southwest Quarter of
Section 7; 4) South 90°00'00" West along said South line 387.13 feet (PK Nail found); 5) North
01°06'55" West 217.00 feet(5/8" rebar found); 6) South 90°00'00"West parallel with said South line
68.30 feet(5/8" rebar found); 7) South 01°06'55" East 217.00 feet(PK Nail found); 8) South 90°00'00"
West 570.42 feet (PK Nail found); 9) North 01°06'55" West 678.83 feet (5/8" rebar found) to the
Southerly line of said 8.910 acre tract extended to the East; thence South 89°33'10"West along the
Southerly line of said 8.910 acre tract 577.38 feet (5/8" rebar found) to the Point of Beginning;
containing 195.791 acres, more or less.
EXCEPTING THEREFROM the land conveyed by Corporate Warranty Deed from Avenue
Realty, Inc. and Avenue Realty Corporation, as one and the same, merged into Mayflower Transit, Inc.
to Clay Township Regional Waste District dated March 26, 1990, recorded April 10, 1990 as Instrument
No. 2177 in Deed Book 236, page 185 in the Office of the Recorder of Boone County, Indiana,
described as follows:
A part of the Northeast Quarter of Section 12, Township 17 North, Range 2 East in Boone
County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of Section 12, Township 17
North, Range 2 East; thence North 90°00'00"West(Assumed basis of bearing taken from Corporate
Warranty Deed to Avenue Realty, Inc. recorded in Deed Book 224, page 295) (South 86°48'05"West
measured) on and along the North line of the Northeast Quarter, 330.00 feet; thence South 04°17'17"
West(South 01°05'31"West measured) parallel with the East line of said Northeast Quarter a distance
of 1153.00 feet (to the Point of Beginning); thence North 90°00'00" West (South 86°48'05" West)
parallel with said North line a distance of 330.00 feet, to the West line of a tract of land deeded to
Avenue Realty, Inc. and recorded in the Office of the Recorder of Boone County, Indiana in Deed Book
224, page 295; thence South 04°17'17"West(South 01°05'31"West measured) parallel with the East
line of said Northeast Quarter, and on and along the West line of said Avenue Realty, Inc. tract of land,
a distance of 660.00 feet; thence North 90°00'00" East(North 86°48'05" East measured) parallel with
said North line a distance of 330.00 feet;thence North 04°17'17" East North 01°05'31" East measured)
parallel with the East line of said Northeast Quarter a distance of 660.00 feet to the point of beginning,
and containing 4.99 acres more or less.
ALSO, EXCEPTING THEREFROM:
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LAND DESCRIPTION
OVERALL PARCEL
TRACT I
Land being part of the East Half of Section 12, Township 17 North, Range 2 East in Boone
County, Indiana, and part of the fractional West Half of Section 7, Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 7;thence North
00°38'28"West along the West line of said Southwest Quarter, a distance of 29.41 feet to the Southeast
corner of the Southeast Quarter of said Section 12;thence North 01°06'10" East continuing along said
West line 642.90 feet to the Southwest corner of an 8.910 acre tract of land conveyed from Richard H.
Silcox to Avenue Realty Corporation by a Warranty Deed recorded in Deed Book 349, pages 301 and
302 in the Office of the Recorder of Hamilton County, Indiana, said point being the Point of Beginning
(5/8" rebar found); thence continuing North 01°06'10" East along said West line; also being along the
West line of said 8.910 acre parcel 694.06 feet to the South line of the Northeast Quarter of the
Southeast Quarter of said Section 12, (5/8" rebar found) said line being the South line of 41.075 acre
parcel conveyed from Richard H. Silcox to Avenue Realty Corporation by a Warranty Deed recorded
in Deed Book 218, page 404 in the Office of the Recorder of Boone County, Indiana; thence on the
following three courses along the Southerly,Westerly and Northerly lines of said 41.078 acre parcel also
describing around the Northeast Quarter of the Southeast Quarter: 1) South 86°44'58"West 1344.23
feet(5/8" rebar found); 2) North 01°07'27" East 1333.49 feet(5/8" rebar found); 3) North 86°36'20" East
683.82 feet(5/8" rebar found);to the Southwesterly corner of a 31.696 acre tract of land conveyed from
L. M. Goodson to Avenue Realty, Inc. by a Corporate Warranty Deed recorded in Deed Book 224, page
295 in the Office of the Recorder of Boone County; thence on the following five courses along the
Westerly, Northerly, and Easterly lines of said 31.696 acres tract: 1) thence North 01°05'31" East
parallel with the East line of the Northeast Quarter a distance of 1522.67 feet; 2) North 86°48'05" East
parallel with the North line of said Northwest Quarter a distance of 330.00 feet(5/8" rebar found); 3)
North 01°05'31" East parallel with said East line 1153.00 feet to said North line feet(5/8" rebar found);
4) North 86°48'05" East along said North line 330.00 feet to the Northwest corner of said Northwest
Quarter (5/8" rebar found); 5) South 01°05'31"West along the East line of said Northeast Quarter a
distance of 2374.90 feet(5/8" rebar found) to the Northwest corner of an 8.251 acre parcel conveyed
from Baumer, Inc. to Avenue Realty Corporation by a Corporate Warranty Deed recorded in Deed
Record 320, page 206 in the Office of the Recorder of Hamilton County, Indiana; thence South
89°39'59" East parallel with the South line of the Northwest Quarter of said Section 7 and along the
North line of said 8.251 acre parcel, 1172.91 feet (5/8" rebar found) to the Northeast corner of said
8.251 acre parcel; thence South 01°37'02"West along the East line of said 8.251 acre parcel 0.64 feet
(5/8" rebar found) to the Northwesterly corner of a 4.635 acre parcel conveyed from James R.
Cunningham to Avenue Realty Corporation by a Warranty Deed recorded in Deed Book 295, page 87,
in the Office of the Recorder of Hamilton County, (note-this deed is faulty and a correct description of
the parcel was included in a title policy prepared by Pioneer National Title Insurance Company April 27,
1977 as Agent's Reference No. 291-2462);thence on the following six courses along the Northerly and
Easterly lines of said 4.635 acre parcel: 1) South 34°26'53" East 38.49 feet; 2) North 81°46'00" East
338.60 feet(5/8" rebar w/MSE Cap set); 3) South 00°19'59" East 135.02 feet; 4) North 88°40'01" East
241.15 feet(5/8" rebar found); 5) North 84°14'01" East 186.54 feet(5/8" rebar w/MSE Cap set) to the
Westerly right-of-way line of Michigan Road (U.S.R. 421) as shown on Indiana State Highway
Commission plans of Project No. 221, dated 1930, sheets 3 and 4 of 101, said point being a point on
a non-tangent curve concave Easterly having central angle of 00°03'28" and a radius of 229,232.75
feet; 6) Southerly along said curve an arc distance of 230.99 feet(5/8" rebar w/MSE Cap set) (said arc