HomeMy WebLinkAboutDedication of right-of-way - recordedY REVIEWED. BY HAMILTON G
COUNTY AUDITOR'S OFFICE Instru~ent
~~i`, Cf 20 O3cOg30007467A
CROSS REF: ~
INST.#8416566
3yro~B. 11, Pages 120-122
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RECFICrfD
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SECONDARY PLAT AMENDMENT ~ ' ~ °~~=
PART OF THE NW 1/4 SEC. 6 - T17N - R4E.
HAMILTON COUNTY, INDIANA
THIS SECONDARY PLAT AMENDMENT IS FILED FOR THE PURPOSE OF ACCEPTING THE
DEDICATION AND DEED OF CERTAIN RIGHTS-OF-WAY SHOWN WITHIN CREEKSIDE, a Subdivision in
the CITY of CARMEL, HAMILTON COUNTY, INDIANA, Ore Plat of which is recorded as INS1'RUMEN"I' No.
8416566 in PLAT BOOK 11, PAGES 120-122, in the OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA.
[, the undersigned, President of the Board of the CREEKSIDE HOMEOWNERS ASSOCIATION, INC.
("Association") established pursuant to the CREEKSIDE SUBDIVISION DECLARATION OF COVENANTS,
CONDITIONS & RESTRICTIONS, recorded in Miscellaneous Book 181, Pages 23-45, and as periodically amended
tlrereaRer, in the OFFICE OF THE RECORDER OF IiAM1LTON COUNTY, INDIANA, do hereby lledicale, Deed
and Petition for the Acceptance of the following private street within CREEKSIDE on behalf of said Association:
Creekside Lane West
DEDICATION AND DEED OF PUBLIC RIGHTS-OF-WAY:
THIS INDENTURE WITNESSETH:
That the CREEKSIDE SUBDIVISION HOMEOWNERS ASSOCIATION, INC. (Jointly and individually the
"Grantor"), the fee simple owner of the following described real property, hereby grants, conveys and warrants in fee
simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title and interest m such real property
which is located in the City of Carmel, Hamilton County, Indiana, and described in Exhibit "A" attached hereto and
made a part hereof, to the City of Carmel, Indiana ("Grantee"), subject to all existing easements and rights-of--way of
record.
This conveyance of real estate in not subject to Indiana gross income tax.
I, Carol A. Miller, President of the CREEKSIDE SUBDIVISION HOMEOWNERS ASSOCIATION, INC., have
been duly authorized by the Board of Directors of the Creekside Subdivision Homeowners Association, Inc., to
execute this Dedication and Deed of Public Rights-of--Way, and all necessary actions authorizing this Dedication
have been taken by Grantor.
IN WITNESS WHEREOF, Grantor has executed this Instrument as of the ~ ~ay of , 2003.
~},~ ~ ^c003t1007467B
~~ .![/~ Filed for Record in
Carol A. Miller, President HRl4ILTON COIJNTY INDIgNq
TF.NNIFER J HFlYD~N
RT OF IJpY . ?,3.00
page I
STATE OF INDIANA
1
COUNTY OF HAMILTON }
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Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
aclmowledged executing the foregoing Dedication and Deed of Public Right-of--Way.
c
Witness my hand and Notarial Seal this/~N da o 2003.
Y ,
..~-~ ~j
ublic ,
~ lle., Crcc..~q
Notary Public (printed)
MY COMbfISSION EXPIRES: -t~ /~- / O ~ D 7
COUNTY OF RESIDENCE: J a n n i d n
page 2
1, the rmdersigned, representative of Graham Road Associates, LLC, Ovmer of Block G in CREEKSIDE, a Subdivision
in the C[TY of CARMEL, HAMILTON COUNTY, INDIANA, the Plat of which is recorded as INSTRUMENT No.
8416566 in PLAT BOOK 11, PAGES 120-122, in the OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA, do hereby Dedicate, Deed and Petition for the Acceptance of the following private street within
CREEKSIDE on behalf of said Association:
Creekside Lane West
DEDICATION AND DEED OF PUBLIC RIGHTS-OF-WAY:
THIS INDENTURE WITNESSETH:
That Graham Road Associates, LLC (Jointly and individually dre "Grantor"), the fee simple owner of the following
described real property, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever
retahred, all of Grantor's rights, Lille and interest in such real property wluch is located in the City of Carmel, Hamilton
County, Indiana, and described in Exhibit "B" attached hereto and made a par[ hereof, to the City of Camtel, Indiana
("Grantee"), subject to all existing cascmenls and rights-of--way of record.
This conveyance of real estate in not subject to Indiana gross income tax.
I, Alex D. Oak, representing GRAHAM ROAD ASSOCIATES, LLC, have been duly authorized by Grantor to
execute t tcation and Deed of Public Rights-of--Way, and all necessary actions authorizing [his Dedication
have en takntnr_
Grantor has executed this Instrument as of the day of _ , 2003.
Alex D. Oak, Member, Graham Road Associates, LLC
STATE OF INDIANA
COUNTY OF HAMILTON
Before me, dre undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
aclmowledged executing the foregoing Dedication and Deed of Public Right-oFWay.
Witness my hand and Notarial Seal this a ~ day of ~~_, 2003.
" - ~~-~1""-'
Notary Public
1-bU~ ~T . Lee.
Notary Public (printed)
MY COMMISSION EXPIRES: ~prt ~ (t o1~~
COUNTY OF RESIDENCE: «~-~~~i 1 ~'~~~..v~
~O ~~.~~0
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,.
page 3
ACCEPTANCE OF DEDICATION AND DEED OF PUBLIC RIGHTS-OF-WAY:
WHEREAS, the foregoing Grantors have this day filed with the City of Carmel, Indiana ("City"), then respective
Dedications and Deeds of certahr real property to the City for the purpose of establishing City rights-of--way, which
Dedication and Deed is hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of said real property to the City is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication
and Deed, and orders drat the lustnunent of Dedication and Deed described herein be recorded in the Recorder's Office
of the County of Hamilton, State of Indiana, and that said described real property be, and the same hereby is, declared
open and dedicated to the City.
This Plat Amendment was given approval and the Public Rights-of--Way accepted by the BOARD OF PUBLIC
W~ SAFETY of the CITY OF CARMEL, ludiana, at a meeting held on the ~lo~' day of
~, 2003.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James
ATTEST: ut //~~
G 1, l~~(L'L
Diana L. Cordizy, IAMC, Clerk-Tr urer
Date: ~ ~ (P ~ -~
page 4
Date:
CARMEL/CLAY PLAN COMMISSION CERTIFICATE:
Under audtority provided by INDIANA CODE 3G-711-405 & 36-7-4-710, and Ordinances adopted by the COMMON
COUNCIL OF THE CITY OF CARMEL, INDIANA, this Plat Amendment was given Administrative Approval by the
CITY OF CARMEL as follows:
Docket No. 88-03 SP Amend granted Administrative Approval by the DEPARTMENT OF COMMUNITY
SERVICES pursuant to ARTICLE XI of the CARMEUCLAY PLAN COMMISSION'S RULES OF PROCEDURE on
Iuly ,~ , 2003.
DEPARTMENT OF COMMUNITY SERVICES
ONE CI V [C SQUARE /
CARMEL, INDIANA 46032 I
BY:
Michael Plibaugh, Director
Departure fCommunityServices
Carmel, Indiana
This document prepared by: Douglas C. Haney
Carmel City Attorney
Carmel City }tall
One Civic Square
Cannel, IN 46032
page 5
EXHIBIT A
LEGAL DESCRIPTION
CREEKSIDE LANE WEST RIGHT-OF-WAY DEDICATION
A PART OF CREEKSIDE, THE SECONDARY PLAT OF WHICH WAS RECORDED ON
DECEMBER 7, 1984 IN PLAT BOOK 11, PAGES 120-122 IN THE HAMILTON COUNTY
RECORDER'S OFFICE, MORE FULLY DESCRIBED AS FOLLOWS:
Commencing at the Southwest Corner of Lot F in Creekside, as per plat thereof recorded. in Plat
Book 13, page 40 of the records on file in the Office of the Hamilton County Recorder;
Thence North O1 degrees 40 minutes 36 seconds East, along the West Line of said Lot F and
along the easterly right-of--way line of Westfield Boulevard, a distance of 27.04 feet to the
PLACE OF BEGINNING;
Thence continuing North O1 degrees 40 minutes 3G seconds East, along the West Line of said Lot
F and the extension thereof and along said easterly right-of--way line of Westfield
Boulevard, a distance of 48.00 feet;
Thence along the boundaries of said private drive easement for the following twenty-one (21)
courses:
1) South 88 degrees 19 minutes 24 seconds East a distance of 94.00 feet to a point of
curvature which bears South O1 degrees 40 minutes 36 seconds West 31.21 feet from
the radius point of said curve;
2) Northeasterly, along a curve concave northwesterly, through a central angle of 83
degrees 00 minutes 00 seconds, an arc distance of 45.21 feet to a point which bears
South 81 degrees 19 minutes 24 seconds East 31.21 feet from the aforesaid radius
point;
3) North 08 degrees 40 minutes 14 seconds East a distance of 30.00 feet to a point of
curvature which bears North 81 degrees 19 minutes 24 seconds West 110.57 feet from
the radius point of said curve;
4) Northeasterly, along a curve concave southeasterly, through a central angle of 45
degrees 00 minutes 00 seconds, an arc distance of 86.84 feet to a point which bears
North 36 degrees 19 minutes 24 seconds West 110.57 feet from the aforesaid radius
point;
5) North 53 degrees 40 minutes 36 seconds East a distance of 72.00 feet to a point of
curvature which bears North 36 degrees 19 minutes 22 seconds West 53.02 feet from
the radius point of said curve;
6) Northeasterly, along a curve concave southeasterly, through a central angle of 42
degrees 07 minutes 50 seconds, an arc distance of 38.99 feet to a point which bears
North OS degrees 48 minutes 26 seconds East 53.02 feet from aforesaid radius point;
7) North 21 degrees 07 minutes 06 seconds East a distance of 103.88 feet;
page 6
8) South G8 degrees 52 minutes 54 seconds East a distance of 28.00 feet;
9) South 21 degrees 07 minutes 06 seconds West a distance of 103.88 feet to a point on a
curve which beazs North 36 degrees 25 minutes 43 seconds East 53.02 feet from the
radius point of said curve;
10) Southeasterly, along a curve concave southwesterly, through a central angle of 55
degrees 14 minutes 50 seconds, an arc distance of 51.12 feet to a point which bears
South 88 degrees 19 minutes 34 seconds East 53.02 feet from the aforesaid radius
point;
11) South Ol degrees 40 minutes 36 seconds West a distance of 59.88 feet;
12) South 86 degrees 19 minutes 24 seconds East a distance of 12.4$ feet to a point of
curvature which bears North 03 degrees 40 minutes 36 seconds East 50.24 feet from
Ute radius point of said curve;
13) Southeasterly, along a curve concave southwesterly, through a central angle of 88
degrees 00 minutes 00 seconds, an azc distance of 48.20 feetto a point which bears
South 88 degrees 19 minutes 24 seconds East 50.24 feet from the aforesaid radius
point;
l4) South O1 degrees 40 minutes 36 seconds West a distance of 57.00 feet;
15) North 86 degrees 19 minutes 24 seconds West a distance of 28.00 feet;
16) North 01 degrees 40 minutes 36 seconds East a distance of 57.00 feet to a point of
curvature which bears South 88 degrees 19 minutes 24 seconds East 22.24 fcet from
the radius point of said curve;
17) Northwesterly, along a curve concave southwesterly, through a central anglc of 88
degrees 00 minutes 00 seconds, an arc distance of 34.16 feetto a point which bears
North 03 degrees 40 minutes 36 seconds East 22.24 feet from the aforesaid radius
point;
IS) North 86 degrees 19 minutes 24 seconds West a distance of 141.05 feet to a point of
curvature which bears North 03 degrees 40 minutes 36 seconds East 29.65 feet from
the radius point of said curve;
19) Southwesterly, along a curve concave southeasterly, through a central angle of 85
degrees 00 minutes 00 seconds, an arc distance of 43.99 feetto a point which bears
North 81 degrees 19 minutes 24 seconds West 29.65 feet from the aforesaid radius
point;
20) Southwesterly, along a curve concave northwesterly, whose radius point bears North
81 degrees 19 minutes 24 seconds West 59.21 feet, through a central angle of 83
degrees 00 minutes 00 seconds, an arc distance of 85.78 feet to a point which bears
South O1 degrees 40 minutes 36 seconds West 59.21 feet from the aforesaid radius
point;
21) North 88 degrees 19 minutes 24 seconds West a distance of 74.00 feet to a point of
curvature which beazs North O1 degrees 40 minutes 36 seconds East 20.00 feet from
the radius point of said curve;
page 7
Thence Southwesterly, along a curve concave southeasterly, through a central angle of 90 degrees
00 minutes 00 seconds, an azc distance of 31.42 feet to the PLACE OF BEGINNING.
EXCEPTING THE FOLLOWING DESCRIBED PROPERTY:
Commencing at the Southwest Comer of Lot F in Creekside, as per plat thereof recorded in Plat
Book 13, page 40 of the records on file in the Office of the Hamilton County Recorder;
Thence North O1 degrees 40 minutes 36 seconds East, along the West Line of said Lot F and the
extension thereof and along said easterly right-of--way line of Westfield Boulevard, a
distance of 95.04 feet to a point of curvature which beazs North 88 degrees 19 minutes 24
seconds West 20.00 feet from the radius point of said curve;
Thence Southeasterly, along a curve concave northeasterly, through a central angle of 90 degrees
00 minutes 00 seconds, an arc distance of 31.42 feet to a point which bears South O1
degrees 40 minutes 36 seconds West 20.00 From the aforesaid radius point, said point
being on the existing northerly line of a private drive easement as shown on the aforesaid
Secondary Plat of Creekside as recorded in Plat Book 11, pages 120-122;
Thence along the boundaries of said private drive easement for the following four (4) courses:
1) South 88 degrees 19 minutes 24 seconds East a distance of 74.00 feet to a point of
curvature which bears South O1 degrees 40 minutes 36 seconds West 31.21 feet from
the radius point of said curve;
2) Northeasterly, along a curve concave northwesterly, through a central angle of 83
degrees 00 minutes 00 seconds, an arc distance of 45.21 feet to a point which bears
South 81 degrees 19 minutes 24 seconds East 31.21 feet from the aforesaid radius
point;
3) North 08 degrees 40 minutes 14 seconds East a distance of 30.00 feet to a point of
curvature which bears North 81 degrees 19 minutes 24 seconds West 110.57 feet from
the radius point of said curve;
4) Northeasterly, along a curve concave southeasterly, through a central angle of 45
degrees 00 minutes 00 seconds, an arc distance of 86.84 feet to a point which bears
North 36 degrees 19 minutes 24 seconds West 110.57 feet from the aforesaid radius
point;
Thence South 36 degrees 19 minutes 24 seconds East a distance of 28.00 feet to the PLACE OF
BEGINNING;
Thence North 53 degrees 40 minutes 36 seconds East a distance of 72.00 feet to a point of
curvature which bears North 36 degrees 19 minutes 22 seconds West 25.02 feet from the
radius point of said curve;
Thence Southeasterly, along a curve concave southwesterly, through a central angle of 127
degrees 59 minutes 43 seconds, an azc distance of 55.89 feet to a point which bears South
88 degrees 19 minutes 39 seconds East 25.02 feet from aforesaid radius point ;
Thence South O1 degrees 40 minutes 36 seconds West a distance of 28.35 feet to a point of
curvature which bears South 88 degrees 19 minutes 24 seconds East 29.50 feet from the
radius point of said curve;
page 8
Thence Southwesterly, along a curve concave northwesterly, through a central angle of 92
degrees 00 minutes 00 seconds, an azc distance of 47.37 feet to a point which bears South
03 degrees 40 minutes 36 seconds West 29.50 feet from the aforesaid radius point;
Thence North 86 degrees 19 minutes 24 seconds West a distance of 75.51 feet to a point which
beazs South 03 degrees 40 minutes 36 seconds West 9.00 feet from the radius point of
said curve;
Thence Northwesterly, along a curve concave northeasterly, through a central angle of 124
degrees 13 minutes 19 seconds, an arc distance of 19.51 feet to a point which bears North
52 degrees 06 minutes OS seconds West 9.00 feet from the aforesaid radius point;
Thence Northeasterly, along a curve concave southeasterly, whose radius point bears South 52
degrees 06 minutes OS seconds East 82.57 feet, through a central angle of 15 degrees 46
minutes 41 seconds, an arc distance of 22.74 feet to the PLACE OF BEGINNING,
containing 0.148 Acres.
CONTAINING AFTER SAID CXCEPTION 0.567 ACRCS, more or Icss, being subject to any
easements, rights-of--way or restrictions of record or observable.
page 9
EXHIBIT B
LEGAL DESCRIPTION
CREEKSIDE LANE WEST RIGHT-OF-WAY DEDICATION
A PART OF CREEKSIDE, THE SECONDARY PLAT OF WHICH WAS RECORDED ON
DECEMBER 7, 1984 IN PLAT BOOK 11, PAGES 120-122 IN THE HAMILTON COUNTY
RECORDER'S OFFICE, MORE FULLY DESCRIBED AS FOLLOWS:
Commencing at the Southwest Corner of Lot F in Creekside, as per plat thereof recorded in Plat
Book 13, page 40 of the records on file in the Office of the Hamilton County Recorder;
Thence North O1 degrees 40 minutes 36 seconds East, along the West Line of said Lot F and
along the easterly right-of--way line of Westfield Boulevard, a distance of 75.04 feet to the
PLACE OF BEGINNING;
Thence continuing North O1 degrees 40 minutes 36 seconds East, along the West Line of said Lot
G and the extension thereof and along said easterly right-of--way line of Westfield
Boulevazd, a distance of 20.00 feet to a point of curvature which bears North 88 degrees
19 minutes 24 seconds West 20.00 feet from the radius point of said curve;
Thence Southeasterly, along a curve concave northeasterly, through a central angle of 90 degrees
00 minutes 00 seconds, ati azc distance of 31.42 feet to a point which bears South OI
degrees 40 minutes 36 seconds West 20.00 from the aforesaid radius point, said point
being on the existing northerly line of a private drive easement as shown on the aforesaid
Secondary Plat of Creekside as recorded in Plat Book 11, pages I20-122;
Thence along the boundazies of said private drive easement North 88 degrees 19 minutes 24
seconds West a distance of 20.00 feet to the PLACE OF BEGINNING;
CONTAINING AFTER SAID EXCEPTION 0.002 ACRES, more or less, being subject to any
easements, rights-of--way or restrictions of record or observable.
page 10
~~
BRASS PLUG FOUND (PER
HCSO TIES) A7 NW CORNER a
SEC. 6-717N-R4E AND SW
CORNER SEC. 31-T18N-R4E i°
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EXHIBIT B ~ i
PLACE OF
BEGINNING
EXHIBIT A
STREET
COMMON AREA "A° ,~
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I 0.569 Ac.t
I R/W DEDICATION TO THE
~ CITY OF CARMEL BY
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CREEKSIDE HOMEOWNERS AS OCIATION NC. ~ _ - _ _ _ -
INST. #96-12248
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