HomeMy WebLinkAboutDedication and Deed of Public Rights of Way1
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
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, 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 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.
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 follow]
2
IN WITNESS WHEREOF, Grantor has executed this Instrument to be effective as of the ____
day of _______________, 2022.
E. & H. Mueller Development, LLC. (GRANTOR):
Signature
Printed:
Signature
Printed:
STATE OF )
) SS:
COUNTY OF )
Before me, the undersigned NOTARY PUBLIC, in and for said County and State, personally appeared
__________________________________ and ___________________________________, who
acknowledged executing the foregoing Dedication and Deed of Public Rights-of-Way as their voluntary
act and deed.
Witness my hand and Notarial Seal this ____ day of _______________, 20____.
My Commission No./Expiration:
Notary Public
My County of Residence:
Printed
Grantee’s Tax Mailing Address
and after recording return to:
City of Carmel
One Civic Square
Carmel, IN 46032
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 Oberlander, Esq.
Instrument prepared by: Jon A. Oberlander, Esq., Corporation Counsel, 1 Civic Square, Carmel, Indiana
46032.
3
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
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
4
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 , 20 .
NOTARY PUBLIC
My Commission No./Expiration:
Printed Name
My County of Residence:__________________