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Home My WebLink AboutCHerry Tree - Davis Homes DULY ENTERED FOR TAXA LLULM Sub pct to final acceptance for t SD v �'fl day of 19 er 199909970168 Filed for Record in tic/ Auditor HAMILTON COUNTY, INDIANA MARY L CLARK 16) 2/ D Hamilton County On 12-06 -1999 At 03:26 pm. A no f RT OF W AY c 1_00 j dross l� Parcel GRANT AND DEDICATION OF RIGHT- (Oak View) �S /,or FORM In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Oak View Associates, LLC, an Indiana limited liability corporation, with a mailing address of 270 E. Carmel Drive, Carmel, Indiana 46032 for themselves, their grantees, successors and assigns (collectively, "Grantor being the owner of the real estate described on Exhibit "A" attached hereto and made a part hereof (collectively, the "Easement Area hereby grants and conveys unto Davis Homes, LLC, an Indiana limited liability company, its grantees, successors and assigns (collectively, "Davis and hereby grants, conveys and dedicates to the city of Carmel, Indiana, its grantees, successors and assigns (collectively, the "City an easement and public right of -way in, under, across, along, over, through and upon the Easement Area, with the right, privilege and authority in Davis and the City (collectively, "Grantee to enter upon the Easement Area to dig, lay, erect, construct, install, reconstruct, renew, operate, maintain, patrol, replace, and continue a roadway, sidewalks /multi -use paths, attendant landscaping and sewer, water and other utilities within the Easement Area. Such easement is granted in common with all others having like right, at all times hereafter, for the benefit, enjoyment and use of Grantee, upon and subject to the following matters: 1. Title. Grantor took title to the Easement Area by deeds recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument Nos. 96 -40692 and 99- 48929. 2. Benefited Property. The Easement granted hereby is for the benefit of that certain real estate comprised of approximately 11.74 acres described on Exhibit "B" attached hereto and made a part hereof, and, after acceptance hereof by the City, the public. 3. Counterparts. This easement may be executed in several counterparts, each of which shall be deemed an original, and when attached to this easement, shall constitute one complete document. 4. Binding Effect. The terms of this easement shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the signatories hereto and their respective grantees, successors and assigns. 01P/ DAVIS HOMES, LLC, an Indiana limited liability company, by its sole manager f. DAVIS HOLDING CORPORATION, an Indiana rt,rpor tion By: //)16, Ronald F. Shady, i Vice President "Grantee Oak View Associates LLC, an Indiana limited liability company, by its manage emb By 4 1.4 J. Irich_ 1 Scheetz "Grantor STATE OF INDIANA SS: COUNTY OF 0 Before me, a Notary Public in and for said County and State, personally appeared Ronald F. Shady, Jr., the Vice President of Davis Holding Corporation, who being first duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of said corporation. WITNESS my hand and seal this' ry day of August, 1999. My Commission Expires: /4-2‘-00 L '�n' a Notary Publ My County of Residence V; f y \Ao� Printed Name: k�� A4vii This instrument prepared by: Ronald F. Shady, Jr., Davis Homes, LLC, 3755 East 82 Street, Suite 120, Indianapolis, Indiana 46240; (317) 595 -2907. 2 STATE OF INDIANA SS: COUNTY OF /l{4p /6 N Before me, a Notary Public in and for said County and State, personally appeared J. Michael Scheetz, the manager of Oak View Associates LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. WITNESS my hand and seal this //7 day of August, 1999. My Commission Expires 1772AVO6 Notary Public i My County of Residence: 4,� Printed Name :C/ `rya r�ri!1er9�tistia 3 ACCEPTANCE WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel, Indiana, its Grant of Right of -Way "Grant which Grant is hereinabove set forth; and WHEREAS, the City of Carmel, Indiana is of the opinion that said Grant is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, accepts the Grant and orders that the Grant be recorded in the Recorder's Office of the County of Hamilton, State of Indiana. "GRANTEE" CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: L, 0-4.--,./ 1 �V M--ry A n Bu ke, Me r mbe Date /I-°/ 7 9 r_Th oi -B-i„- xl ember, Dae n f y :1 --r, 1 V'� l r..a°o�r s. r 9` ✓l' ls'� t it t.' .1Art.- r4, Fr ;ordiay :JA C erk- Treasurer 4, AAA 1 �4a: +F .f"� Il r te' Thi'ainstr ument prepared by: Ronald F. Shady, Jr., Davis Homes;' =LLC, 3755 East 82 Street, Suite 120, Indianapolis, Indiana 46240; (317) 595 -2907. Exhibit "A (Right of Way) Part of the Northeast Quarter of Section 28 and part of the Southeast Quarter of Section 21 all in Township 18 North, Range 4 East, Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of said Southeast Quarter; thence North 00 degrees 37 minutes 01 seconds East along the East line of said Southeast Quarter 317.77 feet to the South line of a dedicated Right of Way described in instrument number 9565095, in the Office of the Hamilton County Recorder; thence North 89 degrees 29 minutes 51 seconds West along said South line 143.86 feet to a point on the center line of Cherry Tree Road; thence South 42 degrees 04 minutes 06 seconds West along said center line 424.94 feet to the North line of the Northeast quarter of said Section 28; thence South 43 degrees 49 minutes 53 seconds West along said center line 1059.59 feet; thence South 89 degrees 39 minutes 16 seconds East 55.13 feet to a point on a line parallel with and distant 40 feet southeast of the center line of Cherry Tree Road; thence North 43 degrees 49 minutes 53 seconds East parallel with the center line of Cherry Tree Road 1022.35 feet; thence North 42 degrees 04 minutes 06 seconds East parallel with the center line of Cherry Tree Road 348.86 feet; thence North 89 degrees 33 minutes 53 seconds East 104.61 feet to a point on a line parallel with and 60.00 feet distant west of the east line of the aforesaid Southeast Quarter; thence South 00 degrees 37 minutes 01 seconds West 235.59 feet parallel with the east line of said Southeast Quarter; thence South. 00 degrees 20 minutes 43 seconds West parallel with the east line of the aforesaid Northeast Quarter 82.93 feet; thence South 89 degrees 30 minutes 23 seconds East 60.00 feet to the east line of said Northeast Quarter; thence North 00 degrees 20 minutes 43 seconds East along said East line 82.89 feet to the Point of Beginning. Containing 2.043 acres, more or less. J: \1036 \005 \docs \1036rwdesc.doc GSD 6 -26 -99 SEP-20-1999 14:02 DAVIS DEVELOPMENT 317 595 2930 P.02/02 Exhibit e (11.74 Aces) Part of the Northeast Quarter of Section 28, Township 18 Furth, Range 4 East and the Southeast Quarter of Section 21, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows Commencing at the Southeast corner of said Northeast Quarter; thence North 00 degrees 20 minutes 43 seconds Last along the East line of said Northeast Quarter 2646.94 feet to the Northeast corner of said Northeast Quarter; thence North 89 degrees 31 minutes 11 seconds West 60.00 feet to the West right of way line of Hazel Dell Road and the Point of Beginning; thence South 00 degrees 20 minutes 43 seconds West along said west right of way line 278.97 feet to the point of curvature of a curve having a radius of 25.00 feet, the radius point of which bears North 89 degrees 39 minutes 17 seconds West; thence southwesterly along said curve an arc distance of 35.65 feet to the point of reverse curvature of a curve having a radius of 217.80 feet, the radius point of which bears South 07 degrees 57 minutes 38 seconds East; thence southerly along said curve an arc distance of 140.67 feet to the point of compound curvature of a curve having a radius of 174.84 feet, the radius point of which bears South 44 degrees 58 minutes 01 seconds East; thence southerly along said curve an arc distance of 213.69 feet to a point which bears South 65 degrees 00 minutes 24 seconds West from said radius point; thence South 24 degrees 57 minutes 51 seconds East 116.68 feet to the; point of curvature of a curve having a radius of 450.00 feet, the radius paint which bears South 65 degrees 02 minutes 09 seconds West; thence southerly along said curve an are distance of 188.66 feet to a point which bears North 89 degrees 03 minutes 25 seconds East from said radius point; thence South 89 degrees 03 minutes 25 seconds West 65.15 feet; thence North 65 degrees 33 minutes 21 seconds West 167.60 feet; thence forth 81 degrees 32 minutes 35 seconds West 117.84 feet; thence North 89 degrees 39 minutes 16 seconds West 618.91 feet to a point on a line parallel with and distant 40 feet southeast of the centerline of Cherry Tree Road; thence North 43 degrees 49 minutes 53 seconds East parallel with the centerline of Cherry Tree Road 1022.35 feet; thence North 42 degrees 04 minutes 06 seconds East parallel with the centerline of Cherry Tree Road 348.86 feet; thence North 89 degrees 33 minutes 53 seconds East 104.61 feet to the aforementioned west right of way line of Hazel Dell Road; thence South 00 degrees 37 minutes 01 seconds West along said west line 235.59 feet to the Point of Beginning. Containing 11.74 acres, more or less. j:\ TOTAL P.02 d oFCA Cj 6 wi City of rmel i y t IS March 20, 2000 J. Michael Scheetz Oak View Associates, LLC. 270 E. Carmel Dr. Carmel, IN 46032 Dear Mr. Scheetz: Attached is a copy of the recorded Grant and Dedication of Right of Way which was approved at the November 18, 1999 Board of Public Works and Safety meeting. This document was returned to us by the Hamilton County Recorder's Office on March 17, 2000. We will keep the original in the Clerk- Treasurer's Office. If you have questions, please call us at 571 -2414, or the Recorder's Office at 776 -9618. Sincerely, ACC <L�1 G Robin L. Butler Deputy Clerk Enclosure ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400 L' K A H ,r, C a ON December 3, 1999 The Honorable Mary Clark Hamilton County Recorder Hamilton County Judicial Center One Hamilton Square Noblesville, Indiana 46060 Re: Grant and Dedication of Way and Easement Agreement Dear Ms. Clark: Attached are two documents to be recorded. The Grant and Dedication of Right of Way with Oak View Associates, LLC was signed at the November 17, 1999 Carmel Board of Public Works meeting. The Easement Agreement with PSI Energy, Inc. was also signed at the November 17 meeting. I have enclosed a self addressed stamped envelope for you to send the recorded documents back to my office. If you have any questions, please contact me at 571 -2414. Sincerely, ••-ki, 4 Diana L. Cordray Clerk- Treasurer Enclosures: Check 079121 ($42.00) payable to the Hamilton County Recorder Checks #079118 and #079117 (each $1.00) payable to the Hamilton County Auditor Easement Agreement (PSI Energy, Inc.) Grant and Dedication of Right of Way (Oak View Associates, LLC) Self addressed Stamped Envelope ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400 C.Utill la A .,fit i 3 vc{ —(3q c O oF CA .R;LJ ,7 a s. C of C•1 rme DEPARTMENT OF ENGINEERING November 10, 1999 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Dear Board Members: Davis Homes, LLC has asked to grant additional right -of -way to the City of Carmel. This right -of -way is on the east side and along the north end of Cherry Tree Road and at the intersection with Hazel Dell Pakway. This dedication will increase the existing right -of -way from sixteen and one -half (16''A) feet east of the centerline of Cherry Tree Road to forty (40) feet. The total dedicated right -of -way of Cherry Tree Road will become eighty (80) feet with acceptance of this grant. This section of Cherry Tree Road is adjacent to the Avian Glen subdivision to the west and a proposed park to the east (see attached). This right -of -way grant is being made to eliminate gaps in the existing right -of -way in the area of the intersection of Cherry Tree Road and Hazel Dell Parkway. A portion of Hazel Dell Parkway has also been included in the right- of-way dedication. Although a portion of this section of Cherry Tree has been approved for vacation, it will allow for a consistent right -of -way width, and will also allow the City to work with the Parks Department on how to utilize this adjoining area between the park area and the proposed multi-use path. This portion of Cherry Tree Road is not included in the proposed vacation of right -of -way. On behalf of the City of Carmel, I would like to thank Davis Homes for this right -of -way grant. I recommend the Board accept and sign this grant of right -of -way. Sincerely, 7)/ 54,2— M. Kate Boyle Weese, P City Engineer MKB /rbh Enclosure S: \BPW99 \ROWDEDAVIS ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2441 1 i ,n.^=" um ~.�z'' x��m«.~ oz 'i N73 2,7, 7 ...4 234 1 233 232. 2.31 1 230 2-' 223 2.27 223 2 2,.3 1 295 10 I 278 1 296 (7..-----‘ 312 250 :51 4 11.7 Ac. x Y2)1 0 I 280 1 202 i I s I :33 301 3 315 Oa 24YCP PROPERTY v, 1-----_,..2,._,,,,,,,,.. 302 fc 320 1 99 Z 2---- 3l3 n &iii 3 i .i 4110°P 0.24 2 8 uu 331 1,' I 03 94 e 340 .349 OI 339 373 '.7-• 1 el I Iwir 4,....,,...... .ii.,../ 37: ...;ti• --------C--) 4POIr al li, 4 4 ,3. 41 40 5o 1 ,t7 I 56: 8 4 Y .::i.,, .mo 40 0 N. u 65 54 t3 87 81 oc.A.. "/62 :L li 343 346 IF,,.,; A *4 1 N 0 Ar 107 g 2":' 71 -11 I lei 101 ILj i //41. 1 J' EMERALD CREST U ~--i~---~-~ x�,zcom�/sxmx�o• ��Y