Loading...
HomeMy WebLinkAboutCarmel Drive - Steak N Shake200100066908 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARE; 10 -19 -2001 09:50 am. CORPORATE LIMITED WARRANTY DEED CORP W DEED 24.00 THIS INDENTURE WITNESSETH, That The Steak n Shake Company, formerly known as Consolidated Products, Inc. "Grantor a corporation organized and existing under the laws of the state of Indiana, grants, conveys, bargains and sells to City of Carmel "Grantee for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, state of Indiana: See Attachment A aitached hereto and incorporated herein by this reference. 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 REPRESENTS AND WARRANTS THAT THIS CONVEYANCE IS NOT SUBJECT TO THE INDIANA GROSS INCOME TAX. 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 Jo day of U1OrC 2001. GRANTOR: THE STEAK N SHAKE COMPANY By: Printed: Title: S' t\d er C.-lc `rt. ?re _s' c DULY ENTERED FOR TAXATION C Subject to final acceptance for transfer 9 day of ,200\ Auditor of Hamilton County Parcel C��„� •x STATE OF INDIANA SS: COUNTY OF MARI014 Before me the undersigned, a Notary Public in and for said County and State, personally appeared CoN C. IC Fri e.►i) by me known to be the Vice. PCe 5 i )f of Grantor, who acknowledged the execution of the foregoing Corporate 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 .50 day of reh 2001. My,Commission Expires: 1- 0 /Dtn %ol County of Residence: MeWeXPI- 0 r3COn 2 Nothry Public Micheal ll4Ct- y 1 CI Printed 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: /l1 (_J1' Carom ()AL l ,'{4} 1.1011) dr/a 14) 03 After recording, return deed to: e G attagilD r C iaL /,0-i Co CL Q. r/c `TreeeAco ea, 0 LO rte, S Cl.rQ,,.) G i n d I 1.1 4-003 r. 741 THE 6 SCHNEIDER L. J CORPORATION East Carmel Drive Project Parcel 30 Owner: Consolidated Products, Inc. Corporate QuitClaim Deed Deed Record 343, Page 42 Permanent Right of Way Land Description 3020 North Post Road Indianapolis. Indiana 48226 -6518 317- 898 -8282 317 899 -8010 FAX 317- 895 -2803 RESIDENTIAL SURVEYING FAX PARCEL 30 EXHIBIT A Engineering Surveying Landscape Architecture GIS LIS Geology Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being all that part of the owner's land identified as Parcel 30 Tying 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 343, Page 42, 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 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 1505.85 feet; thence South 00 degrees 05 minutes 00 seconds East along the grantor's west line 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 south line a distance of 20.00 feet to the grantor's east line; thence South 00 degrees 05 minutes 00 seconds East along said east line a distance of 14.25 feet; thence South 89 degrees 55 minutes 00 seconds West parallel with the aforesaid south right of way line a distance of 20.00 feet to the grantor's west Tine; thence North 00 degrees 05 minutes 00 seconds West along said west line a distance of 14.25 feet to the Point of Beginning. Containing 285 square feet. j: \2k \2603 \001 \dwgs \parce130. dwg TSC #2603.001 Sheet of 3 THE SCHNEIDER 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 Rangeline Road to Keystone Avenue. The basis of bearings used is from the record descriptions of the tracts along Carmel Drive all 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 bused on the record descriptions as noted above. Coordinate values of and distances between control points shown hereon are 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 o 5/8 inch rebar found with yellow cap marked "Schneider Engr. Corp." 0.2 feet above grade on the south side of Carmel Drive. Monument 1322 is a Mag 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 grade on the south side of Carmel Drive. Monument 1325 is a 5/8 inch rebar 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 coordinate values of North and East. These coordinates are directly related to the coordinate values of the Survey Control Line and coordinate values for the various Permanent and Temporary Right of Woy lines and corners can 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 wos 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 quarter of Section 31 has moved about 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 Carmel Drive and the prior location of the southwest corner of the section are best estoblished 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 Woy and one at the first Point of Curvature west of Keystone Way) which have been in place 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 accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule 12 under my supervision and completed on February 25, 1999. Gar Regis ed Land Surveyor #S0389 March 9, 1999 j: \2k \2603 \001 \dwgs 30F4SHT.dwg 3020 North Post. Road Indianapolis, Indiana 46226 -6518 317 -898 -8282 317 899 -8010 FAX 317- 895 -2803 RESIDENTIAL SURVEYING FAX ,ss.°" k No S0389 STATE OF e .1/401 ANP ..O Engineering Surveying Landscape Architecture GIS LIS Geology TSC #2603.001 Sheet of 3 it 8 e 0 0 0 0 J i*-7:1 THE 1 7 SCHNEIDER L J CORPORATION N 9972.9605 E 11706.9352 fr CARMEL DRIVE rn MONUMENT 1322 REFERENCES (MAC NAIL) rs p (n w MONUMENT 1325 REFERENCES (5/8" REBAR) CENTERLINE REFERENCE DATA j: \2k \2603 \001 \dwgs REPTTIES. dwg 3020 North Post. Road Indianapolis, Indiana 46226 -6518 317 -898 -8282 317 -899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX ROUTE SURVEY CONTROL EXHIBIT N 10027.0422 E 10005.9308 CARMEL DRIVE Li :nit R.R. SPIKE AT CL INTER. 4 ON CURB f,o' HM i 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.) N= 10002.5436, E= 11750.8389. CL INTERSECTION (R.R. SPIKE FD.) T CARMEL DRIVE 17A w BC COR. BC u Engineering Surveying Landscape Architecture GIS LIS Geology 25 50 ASSUMED NORTH 1 inch 50 ft. y N 9781.7339 E 9266.1447.1 COR. BC 9738.6139 E 8891.9166 MON MENT 24428 REFERENCES (5/8" REBAR W /SEC CAP) LANDMARK RICHARDS BUILDING MONUMENT 1321 REFERENCES (5/8 "REBAR W /WOOLPERT CAP) MERIDIAN MORTGAGE GROUP COR. BC COR. BC TSC #2603.001 Sheet 3 of 3 THE SGHNEIDER J CORPORATION 1505.85' P.O.B. PARCEL 30 ROW EXISTING 40' 1/2 R.O.W. LINE N 00'05'00" W PROPOSED R.O:.W. LINE EINSTEIN BROS. HOT SHOTS BAGELS PARCEL 30 RECORD OWNER CONSOLJDATED PRODUCTS, INC. CORPORATE QUITCLAIM DEED BOOK 343, PAGE 42 L=400.00' R= 1145.92' N89'55'00 "E 600.00' w Q C7 O SURVEY LINE MONU. 24428 Z C`' Q CC SW CORNER SEC.31— T18N —R4E j: \2k \2603 \001 \dwgs \parcel30.dwg 3020 North Post. Road Indianapolis, Indiana 46226 -6518 317 898 -8282 317 899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX 0 W 00 0 in O O P O0 o rn cn co 0 O D E N 3,6 5\ 2 N. 89•55'00 "E 20.00' LLI 0 0 a Lo 00 o cn SURVEY LINE MONU. 1321 SURVEY LINE PARCEL 30 EXHIBIT "G 11 I SOD 05'OD" SURVEY LINE MONU. 1322 NOTE SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. N89'55'00 "E 20.00' PLAN SCALE 1 30' CARMEL ,DRI PROPOSED PERMANENT R.O.W. (CROSS HATCHED) I STEAK 'N' SHAKE L=400.00' R= 1145.92' Engineering Surveying Landscape Architecture GIS 11S Geology SURVEY LINE N89'55'00 "E 1750.84' /N._ N r'- 1505.85' —I S00 05'00"E 40.00' Z p P.O.B. PARCEL 30 ROW w O TSC #2603.001 Sheet 1 of