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Home My WebLink AboutROW DEDICATION - 106th St & Gray RdDocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 I Ism Ems' JAMES BRAINARD, MAYOR September 11, 2023 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: RIGHT OF WAY DEDICATION —106`h Street & Gray Road Dear Board Members: E&H Mueller Development, LLC has requested the Board approve a Dedication of Public Right of Way at the northeast corner of 1061h Street and Gray Road. 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 Demur uvl nr F,,tam 4iv, ()Ni Cmi S, i %RF, (:\u\n, IN 16032 011-- At— i"1.3111 P\\ 317 �;— 1._439 I:\I\II rnton rnma«r.!re a1.ii. n DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 DEDICATION & DEED OF PUBLIC RIGHT-OF-WAY THIS INDENTURE WITNESSETH: That E. & H. Mueller Development, LLC, (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 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 Cannel, 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 fee simple owners of the Property; that Grantor has full capacity to convey the Property; that they have full authority to execute and deliver this instrument; that they are therefore, fully 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 2023 payable 2024 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. The undersigned represents and warrants that no consent of any third party, including, but not limited to, mortgagees, lenders, landlords, tenants, partners, members, managers, shareholders or joint venturers, is required for the valid and binding execution and delivery of this Dedication and Deed of Public Right -of -Way. [Signature page to follou] DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 sr IN WITNESS WHEREOF, Grantor has executed this Instrument to be effective as of the day of , 2023. E. & H. Mueller Development, LLC. (GRANTOR): Signature Printed: Wilbur E. Tyner, Jr., Authorized Representative STATE OF INDIANA) ) SS: COUNTY OF HAMILTON) Before me, the undersigned NOTARY PUBLIC, in and for said County and State, personally appeared Wilbur E. Tyner, Jr. the Authorized Representative of E. & H. Mueller Development, LLC, who acknowledged executing the foregoing Dedication and Deed of Public Rights -of -Way on behalf of said limited liability company. Witness my hand and Notarial Seal this `yl Vday of July, 2023. My Com,i'jissioa No./Expiration: 4, li1 rJXu',1-�/ My Cqu,irty of Residencp Grantee's Tax Mailing Address and after recording return to: City of Carmel One Civic Square Carmel, IN 46032 6 �TL�c,Lk..�.��_ Notary "Public cia ;I Printed e "NEOUM MYCOMMWKAE7fiMfl£S:2-SX00 MYCOMMSSIONNUM MIS: IUl MYCOUNTYOfMUNCEI&HWLIN 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. Jon Obcrlander, Esq. Instrument prepared by: Jon A. Oberlander, Esq., Corporation Counsel, I Civic Square, Carmel, Indiana 46032. 2 DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 EXHIBIT A "PROPERTY" A PART OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN, SITUATED IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, BEING A PORTION OF A TRACT OF LAND ADJOINING A SURVEY PERFORMED UNDER WEIHE ENGINEERS, INC. PROJECT NUMBER W223004 AND CERTIFIED BY KAREN SUTTON, PS #21200013 ON JUNE 26, 2023, (ALL REFERENCES TO MONUMENTS AND COURSES HEREIN SHOWN ON SAID PLAT OF SURVEY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A HARRISON MONUMENT FOUND AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE ON AND ALONG THE SOUTH LINE OF SAID SECTION 4 SOUTH 89 DEGREES 55 MINUTES 53 SECONDS EAST (BEARINGS ARE DERIVED FROM COORDINATES BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE NAD 83 (2011)) 3302.24 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 30 SECONDS EAST 16.50 FEET TO THE SOUTHWEST CORNER OF THE LAND OF THE CITY OF CARMEL, INDIANA DESCRIBED AS PARCEL NUMBER 3A IN INSTRUMENT NUMBER 1997-540848, ON FILE IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE ON AND ALONG THE PERIMETER OF SAID PARCEL 3A BY THE FOLLOWING THREE (3) COURSES: 1) NORTH 60 DEGREES 23 MINUTES 08 SECONDS EAST 57.55 FEET; THENCE 2) NORTH 89 DEGREES 50 MINUTES 46 SECONDS EAST 254.47 FEET; THENCE 3) SOUTH 81 DEGREES 22 MINUTES 36 SECONDS EAST 198.24 FEET TO A POINT ON THE WEST LINE OF PARCEL 3F AS DESCRIBED IN SAID INSTRUMENT NUMBER 1997-540848; THENCE ON AND ALONG THE WEST LINE THEREOF NORTH 25 DEGREES 45 MINUTES 16 SECONDS EAST 42.72 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 4 NORTH 89 DEGREES 55 MINUTES 53 SECONDS WEST 3497.51 FEET; THENCE NORTH 76 DEGREES 18 MINUTES 16 SECONDS WEST 127.33 FEET; THENCE NORTH 44 DEGREES 47 MINUTES 21 SECONDS WEST 176.85 FEET; THENCE NORTH 15 DEGREES 36 MINUTES 49 SECONDS WEST 145.60 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 54 SECONDS EAST 56.56 FEET TO A POINT ON THE SOUTH LINE OF THE LAND OF THE CITY OF CARMEL, INDIANA AS DESCRIBED IN INSTRUMENT NUMBER 1987-26638 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE ON AND ALONG THE SOUTH LINE THEREOF NORTH 89 DEGREES 51 MINUTES 15 SECONDS WEST 35.00 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 4; THENCE ON AND ALONG SAID WEST LINE SOUTH 00 DEGREES 19 MINUTES 54 SECONDS WEST 406.45 FEET TO THE POINT OF BEGINNING, CONTAINING 5.16 ACRES, MORE OR LESS. DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 y°< <Aqy Cfty of Carmel 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 omusig o by: `t"l J-97256E 1806A61.. ames Brainard, Presiding Officer 9/20/2023 Date: /^1v..D-111ned by: ,�QQ..,,,,"',,// 1 Qww 6V& My37 n Burke, Member Date: 9/20/2023 ro usMMd by: L�sr13vmat Member 9/20/2023 Date: DoeuSigned by: ATTEST: Svc Wo Sue o g na g, 1e�C� rk — 9/20/2023 Date: DocuSign Envelope ID: CEA83F85-65D2-45C8-BC3D-09F809D7F660 `\0\%111III j//f// �� MCA O KO�A'i 5• i3sioA F•. ''i�� e: .Z NOTARY PUBLIC SEAL m: 0,10 //ton Co ,,q '�� NumbO� • �� STATE OF INDIANA ) �l4TF'OF"Np�P��\ SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, 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 & Deed of Public Rights -of -Way on behalf of the City of Carmel, Indiana. arj Witness my hand and Notarial Seal this - day of , 20 NOT YBLIC Mmmission No./Ex U I l 0 . , t) YYl Printed Name My County of Residence: