HomeMy WebLinkAboutDedication & Deed of Public ROW_signed by ownerDEDICATION &DEED OF PUBLIC RIGHT-OF-WAY
THIS INDENTURE WITNESSETH:
That E. & H. Mueller Development, LLC, (the "Grantor"), the fee simple owners) of the real property
depicted and 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 Carmel, Indiana, 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 2022
payable 2023 and all prior years. This obligation shall survive the conveyance of Lite 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 parry, 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 follow)
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IN WITNESS WHEREOF, Grantor has executed this Instrument to be effective as of the
day of , 2023.
E. & H. Mueller Development, LLC. (GRANTOR):
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 all and Notarial Seal this `31 day of July, 2023.
My Com``��,issio No./Expiration:
My Cuty of Re denc
Grantee's Tax Mailing Address
and after recording return to:
City of Carmel
One Civic Square
Carmel, IN 46032
d�
Notary ublic
LP7 u I
Printed
I afErm, 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 Oberlander, Esq.
Instrument prepared by: Jon A. Oberlander, Esq., Corporation Counsel, 1 Civic Square, Carmel, Indiana
46032.
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a,*L�city 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
ATTEST:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Lori Watson, Member
Date:
Sue Wolfgang, Clerk
Date:
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STATE OF INDIANA )
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.
Witness my hand and Notarial Seal this _day of
My Commission No./Expiration:
NOTARY PUBLIC
Printed Name
My County of Residence:
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 175.85
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.
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