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HomeMy WebLinkAboutDEDICATION-Dedication & Deed of Public ROW - CPUS, The Bridges-20230221DULY ENTERED FOR TAXATION Subject to final acceptance of transfer 21st day of February 2023 - JKT �o- 7� `a aeo Auditor of Hamilton County mrc Parcel # R/W 2023005242 DEDI $25.00 02/21/2023 11:45:14AM 5 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented LLP II II II II II II III I I I II II II DEDICATION & DEED OF PUBLIC RIGHTS -OF -WAY [a portion of Tax Parccl No. 17-13-02-00-00-001.01 l ) THIS INDENTURE WITNESSETH: That CPUS THE BRIDGES, LP, a Delaware limited partnership (the "Grantor"), the fee simple owner(s) of the real property described on the attached Exhibit_A ("Property") incorporated herein by this reference, which Property is located in the City of Cannel, 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 casements and matters of record (the "Permitted Exceptions"), for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor represents and warrants that the undersigned is an authorized officer of the Grantor, that Grantor is a limited partnership validly existing in the State of its origin and where required, authorized in the State where the Property is situated; that Grantor is the fee simple owner of the Property, subject to the Permitted Exceptions; that Grantor has full capacity to convey the Property; that the undersigned has full authority to execute and deliver this instrument on behalf of Grantor and that said authority has not been revoked; that Grantor is therefore fully authorized and empowered to convey the Property to the City of Carmel, Indiana, and that on the date of execution of this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, Grantor 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 2021 payable 2022 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 follou J 123630836v2 EXEMPT FROM SALES DISCLOSURES PE DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 IN WITNESS WHEREOF, Grantor has executed this ItiSICUment to be effective as of the 24 day of March 2022. STATE OF�1 Nr�sr SS: COUNTY OF ) GRANTOR: OPUS THE BRIDGES, LP, a Delaware limited partnership By: ciPrince ari sa Belova Title. President JUSTIN W. SHANAHAN Notary Public, State of New York Reg. No. 01SH6334491 ouslifed in Nassau County Commission Expires Decernoor 21, 2023 Before ulc, the unci r(s�ign-_ed NOTARY PUBLIC, in and for sa'd Coutlty and St te, personally appeared R — C ` q -- — the _....m__ - 1r .— of CPUS T DGF.S, LP, who acknowledged execuling the foregoing Dedication and Deed of Public Rights -of -Way for and on behalf of said limited partnership. Witness my hand and Notarial Seal this — day of My C©mnllssll 1 / irati n IQ L'(- 21) U79 My Cou.nty of Residence: - . �&M1 Grantee's Tax Mailing Address and after recording rctul•n (o: City of Carniel One Civic Square Carmel, IN 46032 H ftk)VA, 2022. Notat• rbll Prints I affirm, ulldcr the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this docuniellt, unless it is rcquircd by law. Lawrence J. Keniper Instrument prepared by: Lawrence J. Kcniper, Nelson & Frankctiberger, LLC_ 2 123630836v2 CocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 II`'11f°f CgR�Z ry4� f- 91} r� C it of Carmel t��D1X�a i,U� Ii�II�F BOARD OF PUBLIC WORKS & SAFETY ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS -OF -WAY WHEREAS, (lie foregoing Grantor having filed with the City of Carmel, Indiana, an Indiana municipal corporation ("City"), its Dedication and Deed of Public Rights -of -Way or 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 DocuSlgned by: �.13amusi�ainard, Presiding Officer Date: 5/6/2022 COlocuSlgned by: lY> AWiG)3urke, Member 5/6/2022 Date: DocuSlgned by: PjDWfjV0f?D Member 5/6/2022 Date: �ocuSlgnetl by: ATTEST: E�-,... "V��j Sue Wolfgang, Clerk 5/6/2022 Date: 123630836v2 DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before rne, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LOR1 WATSON, by file known, and by n1e known to be the Members of the City of Carmel Board of Public Works and Safety, and SUE WOLFGANCi, Clerk of THE CITY OF CARMEL, %vllo acknowledged the execution of the foregoing Dedication and Deed of Public Rights -of -Way on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Scal this 'r MY C01111111Ss1011 N Expiration, 01S11111ti j,I q NATAq yZ z ��IIILIC ,� '�aralalet��i 4 123630836v2 day of 20 ZZ , Af NOTARY PUBLIC _ iI Printed Name My County of Residence: DocuSign Envelope ID: C28BEB39-AA3A-4A74-B5F6-707876087C77 EXHIBIT A [Legal description of the Propctiy] A part of"Tract IX" .rid a part of -Tract X" as described in Instrument Number 2017013059 on lite in the Office of the Hamilton County Rccorder, said "Tracts" being located in the Nor1h«•cst Quarter of Section 2.. Township 17 Not -Ili, Range 3 Lust, Hamilton County, Indiana. and being more particularly described as follok%s: COMMENCING ING at the northwest comer of said Norilm,cm Quartcr Section, thence North 89 degrees 17 minutes 34 seconds Last (assumed basis of bearings) :done the north title of said Northwest Quarter 117.22 feet to the southwest comer of the Southwest Quanta of Section 35, Township 18 North, Range 3 East, being the northwest corner of "Parcel 2" as described in Listroment Number 200500026462 oil file in Ilse Office of the Hamilton County Recorder, the following two (2) courses being along the boundary of Parcel 2; 1) thence North 88 degrees 32 minutes 44 seconds East 683.78 fcct; 2) thence South 00 degrees I 1 minutes 31 seconds East 155.44 feet to the southeast corner of "Parcel 2". being the ncutlhcast corner of"Parcel 2A" as described in Instrument Number 200500026462 on file in the Office of said Recorder, the following two (2) courses being along the boundary of"Parcel 2A"; I ) thcncc continuing South 00 degrees l l nlintues 31 seconds East 777.00 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 109.91 feet to 1t esterl) right-of-way of Illinois Street and the POINT OF BEGINNING_of this descriptioni. thence alone said westerly right-of-wa%' SOtrth 00 (lcarccs l I minutes 24 second+ Fast 25.85 feet: the Following three (3) courses being along the proposed right-of-way line; 1) thence North 25 degrees 01 minute 27 seconds west 72.55 feet; 2) thence North 89 degrees 56 minutes 30 seconds wesl 13.15 feet; 3) thence North 00 degrees 03 minutes 30 seconds cast 11.98 Feet to the sotu11CIA boundary of "Tract 111" is described in Instrument Number 2017013058 on file in the Office of said Recorder; Ihence along said southern boundary of-1'ract ell" South 89 degrees 59 minutes 48 seconds East 18.56 feet to the northwest corner of " Parcel 111" (as described for the City of Cannel Roundabout Projecl No. 19-0-1); Ihence along the %Vcstern and Southwestern boindary of said "Parcel 113" the following three (3) courses: l) 5011111 0 degrees 1 l mimites 23 seconds East 21.93 feet; 2) North 89 degrees 48 nlintues 37 seconds East 11.00 Feet; 3) South 23 degrccs 36 minutes 59 seconds Last 32.74 feet to the southc 11 line of the afo•eulentioncd "Pau'ceI 2A": Ihence North 89 degrees 48 minutes 26 sccoids East 0.99 feet ALONG the southern line of said "Parcel 2A" to the point of beginning and containing 752 square Feet or 0.017 acres, more or less. 5