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HomeMy WebLinkAbout106th/River - E.H. Mueller Development LLCTHIS INDENTURE WITNESSETH: "GRANTOR" E. H. Mueller Development, LLC STATE OF INDIANA COUNTY OF /J 44 `Jt 200500083517 Filed for Record in HAPMILTON COUNTY? INDIANA JENNIFER J HAYDEN 12 28 -2005 At 02 :27 am. DEDICATION OF PUBLIC RIGHTS -OF -WAY RT OF WAY 15.00 APPROVED AS TO FORM BY That E.& H. Mueller Development, LLC (jointly and individually, the "Grantor the fee simple owner(s) of the real property described in attached Exhibit "A which is incorporated herein by this reference "Mueller North Property") and which is located in the City of Carmel, Hamilton County, State of Indiana, hereby quitclaims, grants and conveys a public right -of -way in and over 45 feet of even width off the South line of said Mueller North Property, to the City of Carmel, Indiana "Grantee subject to all existing easements, encumbrances and rights -of -way of record, for the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This Grant is not intended to and shall not be construed as surrendering, waiving or affecting in any way Grantor's rights of access to and from the Mueller North Property. This conveyance of real estate is not subject to Indiana gross income tax. 7"H IN WITNESS WHEREOF, Grantor has executed this Instrument on the Z O day of 5 t fT 2005. DULY ENTERED FOR MOTION By: C 4, 9, Subject to final acceptance for nsfer (Authorized Si ature) Its: t' /our ?resieleel 1 oRr?_,_ day (Printed and Title) htPkad Auditor of Hamilton County Parcel '/w Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and acknowledged executing the foregoing Dedication of Public Right of Way. Witness my hand and Notarial Seal this Z day of N ary $ublic p Notary Public (printed) PrAki tSION EXPIRES: S /o% 9 ,.COUNTy.OF RESIDENCE: YAM) 1 -1 A/ raiVr>,iirnt pi`epared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 ATTEST: City of Carmel BOARD OF PUBLIC WORKS SAFETY ACCEPTANCE OF DEDICATION OF PUBLIC RIGHTS -OF -WAY WHEREAS, the foregoing E. H. Mueller Development, LLC "Grantor having filed with the City of Carmel, Indiana "City its Dedication of Public Rights -of -Way in respect of certain real property "Property to the City for the purpose of establishing City rights of -way, which Dedication is attached hereto and incorporated herein as Exhibit "A" hereinabove set forth; AND WHEREAS, the City believes that said conveyance of a right -of -way in the Property 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 of Public Rights -of -Way, and orders that the instrument of dedication 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. SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WO S SAFETY INDY 1576664v.2 James rainard, Mayor Mary A Date: Burke os- Diana L. Cordray, I •y'C, Clerk Treasurer Date: /o/ o y,r3ra Ohnson, `'ePut' Clerk for Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square. Carmel, Indiana 46032 t 3 A y LZZZ091 ON'eor N /O S 3 o s .7 4 0 0 (.0 0 %b /aul'smvssm vuovvra uIURW EAST 106th STREET TEED OF DEDICATION EXHIBIT 'A' 1 o} f 7 Oa T I° i1 poitqc L eolsuVOr. c I c South (loll Mile comer of Section 4, Township 17 North, Range 4 Easl (mathematically established equidistant between the Northeast corner and the Northwest corner of Section 4, Township 17 NOM n Ronge 4 Cost) S 89'55•56' E Itk kll kb 3 .3/33 i a 1/ B o o u %k o $A ,a;m 1 t os |z| a a. zcg2 y.RJi k .00 S sg 35u08 >9w Z. %ga -2 UOP S P no;-1 1st); w O aA 1 I p \O J3Ai 0 k k 6 k d qs o w &E oar j k 0 1. A 4 4 1 Lkl N t' i S 89' 55' 56' E 2,016.15' urge 4 Cast N 59'55'55" W 5344.73' North trot! Mile corner of Section 9, Township 17 North, Range 4 East (mathematically established equidistant between the Northwest corner and the Northeast corner of Section 9, Township 17 North, Ronge 4 Cost) N/F E&H Mueller East line of th Development LLC Township 17 NI Tax Parcel No. 17-14-04-00-00-019.000 Instrument No. 2000 -24710 106th Street South line of Section 4, Township 17 1 4 _'a 22|0N ;u a �x )k 6 I 2o■ o ns w !Up In"' .e §7� g i., To.. 3 �o 2 k� 1\ w36 ti s e e,as ®P o k Legal Description Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest corner of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55 minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of 3,302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGSWOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana, the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds Weston the East line of said Southwest Quarter 154.10 feet to the Southeast corner of the North Half`of. said Southwest 'Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South.line of the North Half of said Southwest Quarter 1,521.03 feet to the Northeast corner of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder of Hamilton County, Indiana, on page 865 of Deed Record 329, said corner being 1,146.65 feet East of the Northwest corner of the South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast corner of said real estate, said corner lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest corner of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1,145.58 feet, per the aforesaid deed, (1,144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly corner of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorders Office as Instrument Number 8726638; thence South CO degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acres, more or less..