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HomeMy WebLinkAboutCarmel Drive - Kirby Park IIr /c iT C. fi ,2 3. Instrument st rug ent LIMITED WARRANTY DEE I nstrumen t3 THIS INDENTURE WITNESSETH, That KIRBY PARK. LLC. an Indiana limited liability company. and KIRBY PARK II. LLC. an Indiana limited liability company. each an undivided 50% interest "Grantors grants, conveys, bargains and sells to The City of Carmel "Grantee for the sum of Ten Thousand Two Hundred Fifty and No /100 Dollars ($10,250.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, state of Indiana: See Exhibits A and B attached hereto and incorporated herein by this reference. Land and Improvements: $3,400.00 Damages: $6,850.00 Total Consideration: $10,250.00 Subject to any and all easements, agreements, restrictions and other matters of record; subject to the lien for real property taxes not delinquent; and subject to rights of way for roads and such matters as would be disclosed by an accurate survey and inspection of the real estate. Grantor, as its sole warranty herein warrants to Grantee and its successors and assigns, that Grantor will forever defend title to the Real Estate (subject, however, to the foregoing exceptions) against the claims of all persons claiming by, through, or under Grantor, but against none other, which claims are based upon matters occurring subsequent to Grantor's acquisition of the Real Estate. Grantor, without warranting the existence of any such rights, also quitclaims to Grantee any right Grantor may possess with respect to any representation, warranty, including warranties of title, covenant or other obligation running to Grantor and touching and concerning the Real Estate. The undersigned person executing this deed on behalf of Grantor represents and certifies that he has been duly authorized and fully empowered, by proper action of the governing body of Grantor, to execute this deed. IN WITNESS WHEREOF, Grantor has caused this deed to be executed this 3 7 c-7, 2003. 04 DULY ENTERED FOR TAXATION- c. Subject to final acceptance for transfer 3 --0 -day of 20 ±1 GRANTORS: ,e c- Auditor of Hamilton County Parcel tc) KIRBY PARK, LLC, an Indiana limited liability company, an undivided 50% interest By: 'LA,— 14 Printed: 3 e I-f iv Kr r 8 L Title: ©w iesuitZ 200400050563 Filed for Record in HAh1ILTON COUNTY INDIANA JENNIFER J HAYDEN 07 -20 -2004 At 12:49 pm. WARR DEED 26. day of KIRBY PARK II, LLC, an Indiana limited liability company, an undivided 50% interest By: Printed: Title: J oNu k 112i3 b�NC2 STATE OF IN) 0 COUNTY OF H i t-re Before me the undersigned, a Notary Public in and for said County and State, personal appeared i C> h I \1 K I R known to be the 0 11 j ��l E i a ,c--ob V _of KIRBY PARK, LLC, Grantors who acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this O day of a,/ ?-QA,, 2003. M Commission Expires: (u r (n 0 O') County of Residence: STATE OF 1 J 11 4 ti A COUNTY OF A- pt t L rb t\) WITNESS my hand and Notarial Seal this M L ommissio Expires: Cunt) of Residence: SS: SS: 2 day of CO.(' d_L* 2003. k V_ tin Notary Public 7 Notary Public o 't 12 44R R /AI r�, K r! E d, 't� Printed j Before nr the undersigned. a Notary Public in and for said County and State, personally an eared ■JC)hN KIR8V known to be the CVO E KIRBY PARK II, LLC, Grantor(s), who acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. IURFICA Printed 0 cti This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath Lyman, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282. Send tax bills to: After recording, return deed to: 3 Project No.: 03 -01 Parcel No.: 2 Exhibit "A" A PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northeast comer of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana; Thence South 00 degrees 00 minutes 00 seconds East (assumed bearing), along the East line of said Northeast Quarter, a distance of 1188.00 feet; Thence South 89 degrees 27 minutes 30 seconds West a distance of 2461.54 feet; Thence South 00 degrees 02 minutes 00 seconds West a distance of 1885.26 feet to the North right-of-way line of Carmel Drive; Thence South 85 degrees 00 minutes 00 seconds East, along said North right -of -way line, a distance of 989.43 feet to a point on the East right -of -way line of 3' Avenue S.W, said point also being the Southwest Corner of a parcel conveyed to John S. Kirby III and Jean H. Kirby as described in Instrument No. 90 -08711 of the records on file in the Office of the Hamilton County Recorder and the PLACE OF BEGINNING; Thence North 05 degrees 00 minutes 00 seconds East, along said East right -of -way line and along the West Line of said parcel, a distance of 36.22 feet; Thence South 26 degrees 58 minutes 07 seconds East a distance of 21.28 feet; Thence South 40 degrees 35 minutes 52 seconds East a distance of 12.15 feet; Thence South 55 degrees 02 minutes 04 seconds East a distance of 22.52 feet to a point of curvature on the aforesaid existing North right -of -way line of Carmel Drive, said point bearing North 09 degrees 37 minutes 11 seconds East 490.00 from the radius point of said curve; Thence Northwesterly, along said North right -of -way line of Carmel Drive and along a curve concave southwesterly, through a central angle of 04 degrees 37 minutes 10 seconds, an arc distance of 39.51 feet to the PLACE OF BEGINNING. CONTAINING 0.012 ACRES MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, RIGI- ITS -OF -WAY OR RESTRICTIONS OF RECORD OR OBSERVABLE. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this legal description was prepared by me on June 13, 2003, from the current deed record of the property described and from road plans prepared by CrossRoad Engineers, P.C. for the City of Carmel Project No. 03 -01. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article I, Rule 12 of the Indiana Administrative Code. TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 NF -∎ST A o Ho. LS 29500021 R STATE OF c Project No.: 03 -01 Parcel No.: 2A Exhibit "B" A PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HA�'vfILTON COUNTY, INDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northeast corner of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana; Thence South 00 degrees 00 minutes 00 seconds East (assumed bearing), along the East line of said Northeast Quarter, a distance of 1188.00 feet; Thence South 89 degrees 27 minutes 30 seconds West a distance of 2461.54 feet; Thence South 00 degrees 02 minutes 00 seconds West a distance of 1885.26 feet to the North right -of -way line of Carmel Drive; Thence South 85 degrees 00 minutes 00 seconds East, along said North right -of -way line, a distance of 989.43 feet to a point on the East right -of -way line of Third Avenue S.W, said point also being the Southwest Corner of a parcel conveyed to John S. Kirby III and Jean H. Kirby as described in Instrument No. 90 -08711 of the records on file in the Office of the Hamilton County Recorder; Thence Southeasterly, along the aforesaid North right -of -way line of Carmel Drive and along a curve concave southwesterly, whose radius point bears South 05 degrees 00 minutes 00 seconds West 490.00 feet, through a central angle of 04 degrees 37 minutes 10 seconds, an arc distance of 39.51 feet to a point which bears North 09 degrees 37 minutes 11 seconds East from the aforesaid radius point, said point being the PLACE OF BEGINNING; Thence North 55 degrees 02 minutes 04 seconds West a distance of 11.43 feet to a point on a curve which bears North 08 degrees 25 minutes 27 seconds East 495.00 feet from the radius point of said curve; Thence Southeasterly, parallel to the aforesaid North right -of -way line of Carmel Drive and along a curve concave southwesterly, through a central angle of 3i degrees 26 minutes 23 seconds, an arc distance of 271.62 feet to a point which bears North 39 degrees 51 minutes 50 seconds East from the aforesaid radius point; Thence South 50 degrees 08 minutes 10 seconds East, parallel to said North right -of -way line of Carmel Drive, a distance of 50.31 feet to a point on a curve on the West right -of -way line of the L N Railroad and the East Line of the aforesaid parcel which bears South 51 degrees 15 minutes 30 seconds East 1877.09 feet from the radius point of said curve; Thence Southwesterly, along said Railroad right -of -way and along said the East line of said parcel, being a curve concave northwesterly, through a central angle of 00 degrees 09 minutes 10 seconds, an arc distance of 5.01 feet to the aforesaid North right -of -way line of Carmel Drive and the Southeast Corner of said parcel, said point bearing South 51 degrees 06 minutes 20 seconds East from the aforesaid radius point; Thence North 50 degrees 08 minutes 10 seconds West, along said North right -of -way line and along said South line of said parcel, a distance of 50.40 feet to a point of curvature which bears North 39 degrees 51 minutes 50 seconds East 490.00 feet from the radius point of said curve; Thence Northwesterly, along said North right -of -way line and along a curve concave southwesterly, through a central angle of 30 degrees 14 minutes 39 seconds, an arc distance of 258.65 feet to the PLACE OF BEGINNING. CONTAINING 0.036 ACRES MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY OR RESTRICTIONS OF RECORD OR OBSERVABLE. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this legal description was prepared by me on June 13, 2003, from the current deed record of the property described and from road plans prepared by CrossRoad Engineers, P.C. for the City of Carmel Project No. 03 -01. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article I, Rule 12 of the Indiana Administrative Code. TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 STERF O Q No. LS 2960402 STATE OF y /.YL? 5 UF DARCEL 72 PROJECT NO.: 03 -01 ROAD NO. CARMEL DRIVE WEST COUNTY HAMILTON ADDITION: N/A SECTION: 36 TOWNSHIP: 18N RANGE: 3 EAST NE COR NE 1/4 SEC. 36 T18N, R3E S 8527'30" W 2461.54' S 85 '00'00" E 989.43 P.O.B. co C1 OWNER KIRBY PARK, LLC INST. #200200038828 DATE: 5 -29 -2002 PROPOSED R/W GRANT 0.012 AC.± EAST R/W 3RD AVE SW S 26'58'07" E 21.28' S 40'35'52" E 12.15' S 55'02'04" E 22.52' Cg 8, EXHIBIT rD' OWNER KIRBY PARK II, LLC INST. #200200038829 DATE: 5 -29 -2002 HATCHED AREA IS THE APPROXIMATE TAKING This plat was prepared from information obtained from the Recorders office and from pions prepared by CrossRood Engineers. P.C. dated April. 2003 for the City of Carmel (Project No. 03 -01) and was not necessarily checked by a field survey. c1 04'37'•10" D 11'41'35' R 490.00' T 19.76' L 39.51' CL= 39.50' CB N 82'41'24 W KIRBY PARK, LLC (50% INT) INST. #200200038828 KIRBY PARK II, LLC (50% INT) INST. #200200038829 NORTH R/W CARMEL DR. 2 of 2 DRAWN BY SF 05 -30 -03 CHECKED Er' TEN 05 -30 -03 SCALE 1" 100' I SCALE: r= 100' WEST R/W L N RAILROAD PREPARED BY:' Transportation Development Consultants 3417 S. SHERMAN OR. BEECH GROVE, IN 46107 (317)780 -1555