HomeMy WebLinkAboutRight of Way Dedication; Seasons of Carmel Apartments; Maple Drive and the 98th Street Trail; NewSeDocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
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Ames BRAPIARI3, MAYOR
January 24, 2023
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. RIGHT OF WAY DEDICATION —SEASONS OF CARMEL APARTMENTS
Dear Board Members:
New Seasons, LLC, the property owner of the Seasons of Carmel apartments located at 98`h and
Westfield Blvd, has requested the Board approve a Dedication of Public Right of Way for Maple Drive
and the 98' Street trail.
On behalf of the City of Carmel, I would like to thank the property owners for this Dedication of Right of
Way. I recommend the Board accept and sign this document.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: DEDICATION DOCUMENTS
i)FPART\IF.\T of ENC INEERING
OvF CIVIC S(N 4RE. CARAIEL IN 16032 OFFICF 31_371.2441 Fa\ 317.571.2439
EMAIL rs;in�ti-rin}mAr.�mx4.m.{,a��
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
DEDICATION & DEED OF PUBLIC RIGHTS -OF -WAY - CORPORATE
[A portion of Tax Parcel No. 17-14-07-03-01-016.000]
THIS INDENTURE WITNESSETH:
That New Seasons, LLC (the "Grantor"), the fee simple owner(s) of the real property depicted and
described on the attached Exhibits A & B ("Property") incorporated herein by this reference, which
Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys
and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor's rights,
title, and interest in the Property, to the City of Carmel, Indiana, an Indiana municipal corporation
("Grantee"), subject to all existing easements and rights -of -way of record, for the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged.
The undersigned represent and warrant that they are the Members/Managers/Authorized
Representatives of the Grantor; that Grantor is an limited liability company validly existing in the State
of its origin and where required, in the State where the subject real estate is situated; that Grantor is the
fee simple owner of the Property; that Grantor has full capacity to convey the Property; that they have
full authority to execute and deliver this instrument on behalf of Grantor and that said authority has not
been revoked; that they are therefore, fully authorized and empowered to convey the Property to the
City of Carmel, Indiana, and that on the date of execution of this Dedication and Deed of Public Rights -
of -Way, they had full authority to so act; and that all necessary action for the making of this conveyance
has been duly taken.
The Grantor assumes and agrees to pay real estate taxes and assessments on the Property for 2022
payable 2023 and all prior years. This obligation shall survive the conveyance of the Property and shall
be enforceable by the Grantee in the event of any non-payment.
[Signature page to follow]
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
IN WITNESS WHEREOF, Grantor has executed this Instrument to be effective as of the
day of 20
GRANTOR:
New Season LC
By:
Printed: Erik Stamell
Title: Manager
STATE OF_ ! � )
`• ' `SS:
COUNTY OF
Before me, the undersigned NOTARY PUBLIC, in and for said County and State, personally appeared
Erik Stamell, the Manager of New Seasons, LLC, who acknowledged executing the foregoing
Dedication and Deed of Public Rights -of -Way for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this gtday of 2023.
My Commission NoJExpiration:
Notary Public
My County of Residence:
Grantee's Tax Mailing Address
and after recording return to:
City of Carmel
One Civic Square
Carmel, IN 46032
PAM= WHETSEL
?o*•• ••.B�c
Notary Public. State of Indiana
MadisonCouaty
Commission & 693935
'''.,,,,,��•���
My Commission Expires
Dace mber01.2024
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social
Security number from this document, unless it is required by law.
Prepared by: Jon Oberlander, Corporation Counsel, One Civic Square, Carmel, IN 46032
K
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
Cn9
s CiofCarmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS -OF -WAY
WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal
corporation ("City"), its Dedication and Deed of Public Rights -of -Way of certain real property
("Property") to the City for the purpose of establishing City rights -of -way;
WHEREAS, the City believes that said fee simple conveyance of the Property is desirable, necessary
and in the City's best interests; and
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts
said Dedication and Deed, and orders that the Dedication and Deed of Public Rights -of -Way described
herein be recorded in the Recorder's Office of Hamilton County, Indiana, and that the Property be, and
the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Presiding Officer
Date:
ocu ign y:
14
M ,9arri UFke4&Aember
2/1/2023
Date:
y:
[�Y-01'
Ndsm&
L %ww,81 ber
Date: 2/1/2023
DocuSigned by:
ATTEST: I S". �
Sue \ ' RA, Mrk
Date: 2/1/2023
3
DocuSign Envelope ID: DA831258-B7524D2A-A665-OFAD844E92A8
v'P''%,, HOLLY J. HARMEYER
a P• •�e;'; Notary Public, State of Indiana
'z•SEAL:OE Hamilton County
STATE OF INDIANA ) ; + Commission Number NP0737982
/AN��` My Commission Expires
SS: '4y,,,,u�`` December 15, 2029
COUNTY OF HAMILTON )
C�°ism
Before me, a Notary Public in and for said County and State, personally appeared J
RAA4N*f�B, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and SUE WOLFGANG, Clerk of THE
CITY OF CARMEL, who acknowledged the execution of the foregoing Dedication and Deed of Public
Rights -of -Way on behalf of the City of Carmel, Indiana.
February 23
Witness my hand and Notarial Seal this day o 20
NOTARY LIC
My Commission NoJExpiration: Holly J Harmeye r
12 / 15 / 2 02 9 Printed Name
My County of Residence: Hami 1 ton
4
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
EX MBIT A
[Depiction of Property]
DocuSign Envelope ID: DA831258-B752-4D2A-A665-0FAD844E92A8
EXHIBIT "A"
RIGHT-OF-WAY
PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 4
EAST, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH,
RANGE 4 EAST: THENCE SOUTH 00 DEGREES 09 MINUTES 06 SECONDS WEST ALONG THE WEST LINE OF SAID
OUARTER SECTION A DISTANCE OF 699.22 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 11 SECONDS EAST TO
AND ALONG THE NORTH LINE OF INSTRUMENT NUMBER 2022020004 A DISTANCE OF 1104.06 FEET TO THE PLACE
OF BEGINNINQ THENCE CONTINUING SOUTH 89 DEGREES 31 MINUTES 11 SECONDS EAST ALONG SAID NORTH LINE
A DISTANCE OF 40.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 35 SECONDS WEST A DISTANCE OF 115.13
FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A RADIUS OF 120.00 FEET; THENCE ON AND ALONG SAID
CURVE A DISTANCE OF 27.64 FEET, SAID CURVE ALSO BEING SUBTENDED BY A CHORD WITH A BEARING OF
SOUTH 06 DEGREES 13 MINUTES 17 SECONDS EAST A LENGTH OF 27.58 FEET TO POINT OF REVERSE CURVE
HAVING A RADIUS OF 750.00 FEET; THENCE ON AND ALONG SAID CURVE A DISTANCE OF 314.18 FEET, SAID
CURVE BEING SUBTENDED BY A CHORD WITH A BEARING OF SOUTH 00 DEGREES 49 MINUTES 07 SECONDS EAST A
LENGTH OF 311.89 FEET TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 205.00 FEET; THENCE ON AND
ALONG SAID CURVE A DISTANCE OF 40.86 FEET, SAID CURVE BEING SUBTENDED BY A CHORD WITH A BEARING OF
SOUTH 05 DEGREES 28 MINUTES 18 SECONDS WEST A LENGTH OF 40.80 FEET; THENCE SOUTH 00 DEGREES 14
MINUTES 19 SECONDS EAST A DISTANCE OF 131.65 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 24 SECONDS
EAST A DISTANCE OF 196.26 FEET TO THE EAST LINE OF SAID INSTRUMENT NUMBER 2022020004; THENCE SOUTH
00 DEGREES 20 MINUTES 55 SECONDS WEST ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET TO THE SOUTH
LINE OF SAID INSTRUMENT NUMBER 2022020004. THENCE NORTH 89 DEGREES 30 MINUTES 24 SECONDS WEST
ALONG SAID SOUTH LINE A DISTANCE OF 1275.51 FEET TO A POINT ON THE WEST LINE OF SAID INSTRUMENT
NUMBER 2022020004; THENCE NORTH 00 DEGREES 09 MINUTES O6 SECONDS EAST ALONG SAID WEST LINE A
DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 24 SECONDS EAST 1039.06 FEET: THENCE
NORTH 00 DEGREES 14 MINUTES 19 SECONDS WEST A DISTANCE OF 131.14 FEET TO A POINT OF CURVATURE TO
THE RIGHT HAVING A RADIUS OF 245.00 FEET; THENCE ON AND ALONG SAID CURVE A DISTANCE OF 48.84 FEET,
SAID CURVE BEING SUBTENDED BY A CHORD WITH A BEARING OF NORTH 05 DEGREES 28 MINUTES 18 SECONDS
EAST A LENGTH OF 48.76 FEET TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 710.00 FEET; THENCE ON
AND ALONG SAID CURVE A DISTANCE OF 297.42 FEET, SAID CURVE BEING SUBTENDED BY A CHORD WITH A
BEARING OF NORTH 00 DEGREES 49 MINUTES 07 SECONDS WEST A LENGTH OF 295.25 FEET TO A POINT OF
REVERSE CURVE HAVING A RADIUS OF 160.00 FEET; THENCE ON AND ALONG SAID CURVE A DISTANCE OF 36.85
FEET, SAID CURVE SING SUBTENDED BY A CHORD WITH A BEARING OF NORTH 06 DEGREES 13 MINUTES 17
SECONDS WEST A LENGTH OF 36.77 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 35 SECONDS EAST A
DISTANCE OF 115.21 FEET TO THE PLACE OF BEGINNING.
CONTAINING 1.164 ACRES, MORE OR LESS.
1, GEORCE W. CHARLES, 11, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY THAT
THIS DESCRIPTION IS BASED ON WARRANTY DEED IN INSTRUMENT NUMBER 20220200K AS RECORDED IN THE
OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA- NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS
DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL.
PREPARED BY: �Y�. c 114
�R�F615TEgf� QG�F
No. LS
20800117 GEORGE W. C HARLES, 11
INDIANA LAND SURVEYOR
STATE OF NO. LS 20800117
-� . � , �1 9ijiO 7NOlANP EEO
• SUR4
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
EX MIT B
[Legal description of the Property]
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
COUNTY:
HAMILTON
SECTION:
7
TOWNSHIP:
17 NORTH
RANGE:
4 EAST
EXHIBIT "B" CHECKED BY .0 �10/20/22
RIGHT-OF-WAY
®HATCHED AREA IS THE OWNER: NEW SEASONS, LLC
APPROXIMATE ROW DEDICATION
NW COE SW 1/4
SEC. 7—T17N—R4E
L—SOOV9'06'W 699.22'
WEST LINE SWY 5893111E 1104.06'
120' 0 126 240'
SCALE: 1" = 120'
NORTH
Curve Table
Curve
Length
Radius
Chord Direction
Chord Length
C1
27.64'
120.00'
S0613'1YE
27.58'
C2
314.18'
750.00'
SOO 49'07'E
311.89'
C3
40.86'
205.00'
S6528'18'W
40.80'
C4
48.84'
245.00'
N0528'18'E
48.76'
C5
297.42'
710.00'
N00 49'07'W
295.25'
C6
36.85'
160.W
N06'13'17'W
36.77'
PLACE OF
NEW SEASONS LLC
INST. NO. 2022020004
S8930'24'E 1039.06'
NOO'09'06'E 20.00'—�j��—j'
*�=
N89W24'W 1275.51'
N M
N N
W I �T
M M
fV
O SV
O oO
Z N
U U
I
t7
a l//1
40.00'
^V
�I Iw
�I
0
r �
�z g S8930'24'E 196.26'
ttW,CyqNO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT'Q�TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHTG1STEipfO F%P REVEAL THIS PLOT AND BASIS OF BEARING IS BASED ON A WARRANTY DEED
N0. LS RECORDED IN INSTRUMENT NUMBER 2022020004 IN THE OFFICE Of THE
RECORDER OF HAMILTON COUNTY, INDIANA.
208001 17
� STATE OF
'NDIANV, y� i� U� 10-28-22
S U R v GEORGE W. CHARLES, II DATE
INDIANA LAND SURVEYOR
NO. LS 20800117
PREPARED BY:
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