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Home My WebLink AboutCarmel Drive - American National BankLIMITED WARRANTY DEED Afigitas.- no i ok 1 f? eaJL flOW (U S This indenture witnesseth, that NATIONAL ASSOCIATION, a national banking association (Grantor), of 127 Public Square, Cleveland, Ohio, bargains, sells and conveys to the CITY OF CARMEL, INDIANA (Grantee), of Carmel, Indiana for the sum of TEN DOLLARS ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana (the "Sale Property See Legal Description Attached Hereto as Exhibit A SUBJECT, HOWEVER, to each of the matters set forth in Exhibit B attached hereto and incorporated herein by reference. To have and to hold the Sale Property to Grantee and Grantee's successors and assigns forever. Grantor covenants and warrants that said Sale Property is free of any encumbrance made or suffered by said Grantor (except any set forth above), and that Grantor and Grantor's successors shall warrant and defend the same to said Grantee and said Grantee's successors and assigns forever, against the lawful claims and demands of all persons claiming by, through, or under the said Grantor, but against none other. Grantee's Mailing Address: One Civic Square, Carmel, IN 46032 Return deed to: Robert A. Hicks, Hall, Render, Killian, Heath Lyman, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282 Send tax bills to Grantee at: c/o Clerk Treasurer, One Civic Square, Carmel, IN 46032 Is there any Indiana Gross Income Tax due on this transaction? Yes X No IN WITNESS WHEREOF, Grantor has executed this deed this 24 Ti day of 2001. DULY ENTERED FOR TAXATION transfer Subject to final acceptance for day of 20,x. Auditor of Hamilton County Parcel CL: 570525v3 GRANTOR: KEYBANK NATIONAL ASSOCIATION, a national banking association JOSEPH A. PRCELA uLSIuNATED SIGNER 200100050994 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 08 -14 -2001 02 :56 pm. WARR DEED 28.00 State of Ohio SS. County of Cuyahoga My commission expires: This instrument prepared by: John J. Burns Attorney at Law Jones, Day, Reavis Pogue North Point 901 Lakeside Avenue Cleveland, Ohio 44114 CL: 570525v3 ACKNOWLEDGMENT Before me, a Notary Public in and for said County and State, personally appeared the Des ,Q 5 5 of KeyBank National Association, a national banking association who ackno edged the execution of the foregoing Limited Warranty Deed, for and on behalf of said Grantor, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 0 q day of 2001. Signature: Printed: Resident of: Not Public Cl et.Le c— County, Ohio LINDA ROZZO FOUTZ Notary Public State of Ohio My Commission Expires Dec. 15, 2004 O CL: 570525v3 EXHIBIT A OF LIMITED WARRANTY DEED Legal Description of the Sale Property IP:I SCHNEIDER L. J CORPORATION East Carmel Drive Project Parcel 26 Permanent Right of Way Land Description j: \2k \2603 \001 \dwgs \porcel26.dwg PARCEL 26 3020 North P. rt'- oad Indianapolis. In lane 48228 -8518 317 -898 -8282 317 -899 -8010 FAX 317 895 -2803 RESIDENTIAL SURVEYING FAX Exi4; s T A Owner: The American Notional Bank of Hamilton County Warranty Deed Deed Record 330, Page 605 Engineering Surveying Landscape Architecture GIS LIS Geology Part of the South Holf of Section 31 Township 18 North, Range 4 East of the Second Principol Meridian in Hamilton County, Indiana being all that port of the owner's land identified as Parcel 26 lying within the area identified and shown as "Proposed Permanent Right of Way on the attached Route Survey Plat and being further described as follows: Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Deed Record 330, Page 605, Office of the Hamilton County Recorder) along the west line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 600.00 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West thence easterly along said curve and along said centerline an arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds East along said centerline a distance of 238.51 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 880.12 feet to the northerly prolongation of the east line of a 24 foot perpetual non exclusive roadway easement as described in Deed Record 316, Page 15; thence South 00 degrees 09 minutes 45 seconds East along soid prolongation a distance of 40.00 feet to the Point of Beginning on the south right of way line of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said right of way line o distance of 180.00 feet to the grantor's east line; thence South 00 degrees 09 minutes 45 seconds East olong said east line a distance of 8.00 feet; thence South 89 degrees 55 minutes 00 seconds West parallel with the aforesaid south right of way line a distance of 180.00 feet to the grantor's west line; thence North 00 degrees 09 minutes 45 seconds West along said West line a distance of 8.00 feet to Point of Beginning. Containing 1440 square feet. TSC #2603.001 Sheet/ of 3 I� 1HE SCHNEIDER L J CORPORATION SURVEYOR'S REPORT In accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule 12 the following observations and opinions are submitted regarding the various uncertainties in the locations of the lines and corners established on this route survey as a result of variances in reference monuments and inconsistencies in lines of occupation. This survey was performed to create additional permanent right of way and Temporary right of way along Carmel Drive from Rongeline Road to Keystone Avenue. The basis of bearings used is from the record descriptions of the tracts along Carmel Drive oll of which are on the some system. The coordinate values for all Survey Control Line monuments shown hereon were established initially by Woolpert Consultants on the Indiana State Plane Coordinate System. These coordinates were converted by The Schneider Corporation to a local coordinate system with a basis of bearings based on the record descriptions as noted above. Coordinate values of and distances between control points shown hereon ore to the nearest 0.01 feet, not to indicate the precision of the fieldwork, but to allow for mathematical closure. Survey Control Line monuments are referenced hereon by circled numerals that correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebar found with yellow cop marked "Schneider Engr. Corp." 0.2 feet above grade on the south side of Carmel Drive. Monument 1322 is a Mog nail found flush with the surface of the sidewalk on the north side of Carmel Drive. Monument 1321 is a 5/8 inch rebar found with a red "Woolpert" cap found 0.1 feet below grode on the south side of Carmel Drive. Monument 1325 is a 5/8 inch rebor found 0.1 feet below grade near the southwest corner of Carmel Drive and Keystone Way. These four monuments are considered to be original monuments with no error as related to their use as a part of or references to the survey line. In addition to the 4 Survey Control Line monuments, various points on the centerline of Carmel Drive and on the lead —ins to same are shown with horizontal coordinote values of North and East. These coordinates are directly related to the coordinate volues of the Survey Control Line and coordinate values for the various Permanent and Temporary Right of Way lines and corners con be calculated therefrom. In accordance with 865 IAC 1 -12, it is the intent of this Route Survey that the location of all Permanent and Temporary Right of Way lines and corners shown hereon be controlled by the various Survey Control Line monuments and their associated coordinate values, bearings and distances shown hereon. The various physical features shown on the Route Survey were located by Woolpert Consultants in conjunction with an earlier phase of the Carmel Drive project. As indicated above, the survey control for the Woolpert work was recovered, confirmed and converted to a local datum for use on this Route Survey. There is evidence from older surveys that the physical monument currently at the southwest corner of the southwest quorter of Section 31 has moved obout 1 foot in a north —south direction during the intervening years. The coordinate value shown hereon for that corner is based on the prior location, not on the current monument. As a result of this movement, it is my opinion that the centerline of Cormel Drive and the prior location of the southwest corner of the section are best established based on the centerline of Carmel Drive coordinated and depicted on this Route Survey. This centerline is based on railroad spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one at the first Point of Curvature west of Keystone Way) which hove been in ploce and utilized to control the centerline for many years. SURVEYOR'S STATEMENT To the best of my knowledge and belief the within plat represents a Route Survey performed in occordonce with Title 865 Article 1 Chapter 12 of the Indiana Administrative, Code "Rule 12 under my supervision and completed on February 25, 1999. Go Regi'wed Land Surveyor fS0389 March 9, 1999 j: \2k \2603 \001 \dwgs \30F4SHT.dwg 3020 North Post. ad Indianapolis. Indiana 48228 -8518 317 898 -8282 317 -899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX Engineering Surveying Landscape Architecture GIS LIS Geology TSC #2603.001 Sheets of .3 B B I� ,HE SCHNEIDER L J CORPORATION iy N CARMEL DRIVE Y o N 10027.0422 E 10005.9308 N 9972.9605 E 11706.9352 CUT "X 16.4' MONUMENT 1322 REFERENCES (MAC NAIL) IFi4 MONUMENT 1325 REFERENCES (5/8" REBAR) CENTERLINE RLFLRENCE DATA j: \2k \2603 \001 \dwgs \REPTTIES.dwg CARMEL DRIVE Iv1ANHOLE R.R. SPIKE AT CL INTER. ONCUR, 3020 North Pos oad Indianapolis, Indiana 46228 -8518 317 -898 -8282 317 -809 -8010 FAX 317 895 -2803 RESIDENTIAL SURVEYING FAX ROUTE SURVEY CONTROL EXHIBIT ll iMunttalaumni N= 8025.3349 E= 8425.3496, SECTION 31, SW COR., SW 1/4 N= 9777.8741, E= 8392.3395, CL INTERSECTION N= 9778.7457, E= 8992.3388, CL POC N= 9848.4225, E= 9384.1658, CL POT N= 9930.3232, E =9608.1731, CL POC N= 10000.0000, E= 10000.0000, CL POT (R.R. SPIKE FD.) 14= 10002.5436, E= 11750.8389, CL INTERSECTION (R.R. SPIKE FD.) CARMEL DRIVE [COf2. BC 50 O 25 50 BR BC 17.4 I, ASSUMED NORTH 1 inch 50 [t MON MENT 24428 REFERENCES (5/8” REBAR W /SEC CAP) N 9781.7339 E 9266.14471. Engineering Surveying Landscape Architecture GIS LIS Geology 4n• s ?COR BC ;NI 9738.6139 E 8891.9166 :COR. BC LANDMARK RICHARDS BUILDING MONUMENT 1321 REFERENCES (5/8 "REBAR W /WOOLPERT CAP) MERIDIAN MORTGAGE GROUP TSC #2603.001 Sheet 3 of r7i Of HE 6; SCHNEIDER L J CORPORATION 880.12' N89'55'00"E N89'55'00"E 600.00' L=400.00' R=1145.92' j: \2k\2603\001 \dwgs\porcel26.dwg 1060.12' N8955'00"E L.A.1 CDC) SURVEY LINE MONU. 24428 -cc SW CORNER SEC.31-T18N-R4E A 3020 North Po •ad Indianapolis, Ina no 48228-8518 317-898-8282 317-899-8010 FAX 317-895-2803 RESIDENTIAL SURVEYING FAX 180.00' SURVEY LINE MONU. 1322 0 SURVEY LINE MONU. 1321 SURVEY LINE PARCEL 26 EXHIBIT 1 'LAN SCALE 30' Engineering Surveying Landscape Architecture GIS LIS Geology i SURVEY LINE N89 1750.84' 880.12' 40.00' P.O.B. PARCEL 26 ROW L= 400.00' R=1145.92' NOTE SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. TSC #2603.001 Sheet 1 of W. LINE, SW 1 /4 (SEE REPORT) 1 r 3..gt,60.00S I CARMEL DRIVE P.O.B. PR PERMANENT R.O.W. PARCEL 26 ROW (CROSS HATCHED) EXISTING 40' 1/2 R.O.W. LINE 1 1\189'55'd0 C 1 1 I s ,71 .1 i s, N 6, k x\- i %1/4 A\ \N i xwm 4 x- s x N N N k k s xr s 1/4 %:\s t t t S8955'00"W l8O.00'j I i l !I N00'0 '45"W 8. 0' 11 ii ilS00 8.0o. PROPOSED 48' 1/2 R.O.W. LINE KEY BANK PARCEL 26 RECORD OWNER THE AMERICAN NATIONAL BANK WARRANTY DEED BOOK 330, PAGE 605 11 r7i Of HE 6; SCHNEIDER L J CORPORATION 880.12' N89'55'00"E N89'55'00"E 600.00' L=400.00' R=1145.92' j: \2k\2603\001 \dwgs\porcel26.dwg 1060.12' N8955'00"E L.A.1 CDC) SURVEY LINE MONU. 24428 -cc SW CORNER SEC.31-T18N-R4E A 3020 North Po •ad Indianapolis, Ina no 48228-8518 317-898-8282 317-899-8010 FAX 317-895-2803 RESIDENTIAL SURVEYING FAX 180.00' SURVEY LINE MONU. 1322 0 SURVEY LINE MONU. 1321 SURVEY LINE PARCEL 26 EXHIBIT 1 'LAN SCALE 30' Engineering Surveying Landscape Architecture GIS LIS Geology i SURVEY LINE N89 1750.84' 880.12' 40.00' P.O.B. PARCEL 26 ROW L= 400.00' R=1145.92' NOTE SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. TSC #2603.001 Sheet 1 of W. LINE, SW 1 /4 (SEE REPORT) 1. Current general and special real estate taxes and assessments which are a lien but are not due and payable as of the date hereof. 2. Matters created, suffered or permitted by or through the Grantee. 3. Matters that would be shown by an accurate survey of the Sale Property. 4. Zoning, land use and other governmental laws, rules and regulations. 5. Any and all easements, conditions and restrictions of record. CL: 570525v3 EXHIBIT B TO LIMITED WARRANTY DEED Permitted Encumbrances