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HomeMy WebLinkAbout131st/Ditch - Springmill - Parcel 3 Parks at Sprnig Mill HOA DULY ENTERED FOR TAXATION Subject to final acceptance fortatsfer 200500071341 day of 201d., Filed for Record in HAMILTON COUNTY, INDIANA £fit ht_ Auditor of Hamilton County 1 0 -23 -28 5 HAYDEN 10 -22- -..005 At 03:24 rim, Parcel k /it) WARR DEED 24.00 Form WD -1 WARRANTY DEED 8/98 Project: 131 Street Parcel: 3 Page: 1 of 2 THIS INDENTURE WITNESSETH, That Parks at Spring Mill Homeowners Association, an Indiana not for profit corporation, the Grantor(s), of Hamilton County, State of Indiana Convey(s) and Warrant(s) to THE CITY OF CARMEL, INDIANA the Grantee, for and in consideration of the sum of One Hundred Fifty Thousand Three Hundred Fifty and NO /100 Dollars ($150,350.00) (of which said sum $150,350.00 represents land and improvements acquired and -0- represents damages) and other valuable consideration, the receipt of which is hereby acknowledged, certain Real Estate situated in the County of Hamilton, State of Indiana, and being more particularly described on the combined legal description and Right of Way Parcel Plat attached hereto as Exhibit "A which exhibit is incorporated herein by reference. This conveyance is subject to any and all easements, conditions and restrictions of record. The Grantor(s) hereby specifically acknowledge(s) and agree(s) that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor(s), or any successors in title to the abutting lands of the Grantor(s), notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and /or transfer by the Grantee or its successors in title, of a portion or all of the saki Real Estate or any right of way, roadway or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor(s) and all successors and assigns. The undersigned person executing this deed represents and certifies on behalf of the Grantor, that he /she is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by -laws of the Grantor, to execute and deliver this deed; that the Grantor is a corporation in good standing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate action for the making of this conveyance has been duly taken. This Instrument prepared by: Stephen J. Klineman, Attorney at Law 8765 Guion Rd., Ste. D Indianapolis, IN 46268 Mail To: HGI Landacq Corporation 128 Torrey Pine Drive Brownsburg, IN 46112 I.C. 8- 23 -7 -31 0 Project: 131 Street Parcel: 3 Page: 2 of 2 IN, WITNESS WHEREOF, the said Grantor(s) has executed this instrument this /9Z day of Ve-'%-.Ic/ 2005. Parks at Spring Mill Homeowners Association :6,C 2..-- By: ieLe,L cat Debbie Burkett, President Bruno M. Grenci, Vice President STATE OF T C( k ctr•---- SS: COUNTY OF P 0.n. J Before me, a Notary Public in and for said State and County, personally appeared CL,,b,re 8�,k 4�- 6 a,c( r1/4-L M. 6,-..c; 1 ere j ;g T` c S V,e Pre y of G. -k-.5 e---F SP,, M I t `-(tee out, /4- 5 56cka 6Q-/N.. the Grantor(s),,,in, the_..above conveyance, and acknowledged the execution of the same on the date aforesaid to be tru vo 1+u g ntarry act and deed and who, being duly sworn, stated that any representations contained therein are .han and Notarial Seal th -f� day of See. 2005. -A d ignatw'r. O f 0_ r 0 -i STEPHEN J. KLINEMAN Printed Notary Public, State of Indiana County of Marion My Commission expires My Commission Expires Apr. 16, 2008 I am a resident of County. t Historic Fort Harrison Engineering :x 8901 Otis Aveiiiie Surveying Indianapolis, Indiana 46216 -1037 p Landscape Architecture 317- 826 -7100 GIS LIS S chneider 317 826 -7110 FAX Geology ASSUMED NORTH N89 POE/ SCALE 1"= 60' N89'07'52'E 658.17' 371.51' NORTH UNE NW Y QTR. SECTION 26- T18N -R3E NW COR. NW QTR. S00'S2'08'E SEC. 26 MN R3E PROPOSED N RIG HT OF WAY 45.00' 45.00' 0.38 ACRES S89 371.51' THE PARKS AT SPRINGMILL THE PARKS AT SPRINGMILL SECTION TWO COMMON AREA INST., 9602765 INST.! 200100060304 4i) THE PARKS AT SPRINGMILL SECTION ME INST.! 9609653900 Land Description (Proposed Right of Way) Part of the Parks at Springmill Common Area, recorded as Instrument Number 200100060304 in the Office of the Recorder of Hamilton County, Indiana, being part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana more particularly described as follows: Beginning at the Northwest corner of said Quarter Section; thence North 89 degrees 07 minutes 52 seconds East a distance of 658.17 feet along the North line of said Northwest Quarter to the Northeast comer of the Parks at Springmill Section Two, a subdivision in Hamilton County, Indiana the plat of which is recorded as Instrument Number 9602765 in the Office of the Recorder of Hamilton County, Indiana and the point of beginning; thence continuing North 89 degrees 07 minutes 52 seconds East along said North line a distance of 371.51' feet to the Northwest corner of the Parks at Springmill Section Five, a subdivision in Hamilton County, Indiana the plat of which is recorded as Instrument Number 9609653900 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 52 minutes 08 seconds East a distance of 45.00 feet along the West line of said subdivision; thence South 89 degrees 07 minutes 52 seconds West parallel to said North line a distance of 371.51 feet to the East line of the aforementioned Parks at Springmill Section Two; thence North 00 degrees 52 minutes 08 seconds West a distance of 45.00 feet along said East line to the Point of Beginning containing 0.38 acres more or less. S: \4K \4358\ 003 \dwgs \4358003PARC€L 2.DWG TRL 03/22/05 Page 1 of 1 ‘44) Fort Harrison Engineering 8901 Otis Historic Avenue Surveying Indianapolis, Indiana 46216-1037 Surves Landcape Architecture 317- 826 -7100 GIS LIS S chneider 317 826 -7110 FAX Geology PARKS AT SPRING MILL HOMEOWNERS ASSOCIATION INSTUMENT #200100060304 PROPOSED RIGHT OF WAY ASSUMED NORTH 0.05 AC. o° o 0 SCALE 1 =40' tx\• 11 P.O.B. N154136 „E 1� 111 63 588'57'52 "W 5 c 121.16' c° 1_31.S 1L N88'57'52 'E 475.03' S. LINE, N.W. 1/4, SEC. 26- T.18N. -R.3E. S.W. COR., N.W. 1/4, SEC. 26- T.18N. -R.3E. Land Description (Proposed Right of Way) Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of said quarter section; thence North 88 degrees 57 minutes 52 seconds East (assumed bearing) along the South line thereof a distance of 475.05 feet; thence North 01 degrees 02 minutes 08 Seconds West 45.00 feet to the South line of a parcel described in Instrument #200100060304 and the Point of Beginning; thence North 76 degrees 41 minutes 36 seconds East a distance of 117.63 feet; thence North 48 degrees 24 minutes 40 seconds East a distance of 41.19 feet to the easterly line of said instrument and a point on a non tangent curve having a radius of 455.00 feet the radius point of which bears South 82 degrees 00 minutes 05 seconds East(the next three courses along the easterly, southeast, and south line of said instrument); thence southerly along said curve an arc distance of 32.08 feet to a point which bears North 86 degrees 02 minutes 26 seconds West from said radius point; thence South 45 degrees 39 minutes 37 seconds West a distance of 29.09 feet; thence South 88 degrees 57 minutes 52 seconds West a distance of 121.16 feet to the Point of Beginning. Containing 0.05 acres, more or less. T: 4k \4359 \002 \4359002Parcel3B.dwg TRL 03/25/05 Page 1 of 1 C41, Historic Fort Harrison Engineering 8901 Otis Avenue Surveying Indianapolis, Indiana 46216-4037 Landscape Architecture 317 826 -7100 GIS LIS S chneider 317- 826 -7110 FAX Geology Land Description (Proposed Right of Way) Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of said Quarter section; thence North 00 degrees 00 minutes 00 seconds East (assumed bearing) along the West line thereof a distance of 45.73 feet; thence North 90 Q,,...,, degrees 00 minutes 00 seconds East a distance of 40.00 feet to the Point of Beginning; thence North 00 degrees 00 minutes 00 seconds East parallel with said La west line a distance of 79.27 feet; thence South 50 degrees 31 minutes 09 seconds East a distance of I 122.00 feet to a point 45.00 feet north of (measured ��71 perpendicular) said south line; thence South 88 degrees VI 57 minutes 52 seconds West parallel with said south line a distance of 94.18 feet to. the Point of Beginning, i containing 0.09 acres, more or less. cc z N 0 icti ow J PARKS AT SPRING MILL n I �I J� HOMEOWNERS ASSOCIATION I S INSTR. #200100060304 w 7,) 2 7 o 0 C 9 ASSUMED NORTH `V SCALE 1 =60' o S88 °57'52 "W PROPOSED RIGHT OF WAY N9000'00'E 94.18 0.09 AC. 40.00' o P.O.B. .le S. LINE, N.W. 1/4, SEC. 26- T.18N. -R.3E. S.W. COR., N.W. 1/4, 32E 1 S II 1 1 ,,1�r 1� SEC. 26- T.18N. -R.3E. T: \4k \4359\ 002 \dwgs \4359002Parcei3A.dwg TPL 03/24/05 Page 1 of 1 Historic Fort Harrison Engineering 8901 Otis Avenue Surveying ‘111115 Indianapolis, Indiana 46216 -1037 Landscape Architecture 317 826 -7100 GIS LIS 0 Schneider 317- 826 -7110 FAX Geology Land Description (Proposed Right of Way) S90 00'00 "W Part of the Northwest Quarter of Section 26, Township 40.00' 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Beginning at the southwest corner of said quarter 40 section; thence North 88 degrees 57 minutes 52 seconds East (assumed bearing) along the south line o thereof a distance of 310.00 feet to the southeast ro r` corner of a tract of land described in Instrument Number 2000- 60304, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 01 degrees 02 minutes 08 seconds West along the east line of said tract a distance of 45.00 feet to an easterly o-i corner thereof; thence South 88 degrees 57 minutes 52 d- seconds West parallel with said south line a distance of r 1=1 269.18 feet to a paint 40.00 feet east of the west line of said quarter section; thence North 00 degrees 00 minutes 00 seconds East parallel with said west line a o distance of 433.70 feet to a northerly line of the 9 aforesaid tract of land; thence South 90 degrees 00 0 minutes 00 seconds West along said northerly line a M distance of 40.00 feet to said west line; thence South 0 Z z 00 degrees 00 minutes 00 seconds West along said west line a distance of 479.43 feet to the Point of Beginning, containing 0.72 acres, more or less. N N PARKS AT SPRING MILL HOMEOWNERS ASSOCIATION °o INSTR. #200100060304 CD o i o z NO1'02'08 "W 45.00' _N_- S 88 °57'52" W 269.18' I PROPOSED RIGHT OF WAY ASSUMED NORTH 0.72 AC. SCALE 1" 60' S. LINE, N.W. 1/4, SEC. 26- T.18N. -R.3E. N88 "E 310.00' P.O.B. 11311S S° Jell` S.W. COR., N.W. 1/4, SEC. 26 T.18N. R.3E. I T: \4k \4359 \001 \dwgs \rwparcels.dwg 5/22/03 CRV Page 1 of 1 PRn'c�L 3C- C4i.sT /N6 kit) ALA- REV -29 Q Code STATEMENT OF THE BASIS FOR JUST COMPENSATION 1. This is a written statement of, and summary of the basis for, the amount established through a valuation process as just compensation for the purchase of this right of way for highway purposes. The amount set forth in Item 5 below is not less than the approved estimate of value. Public Law 91 -646 provides that this value disregards any decrease or increase in fair market value of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical deterioration within reasonable control of the owner. 2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this acquisition is identified in the Acquiring Agency's records as: Project #04 -01 Parcel 3 Road 131 STREET, SPRING MILL, 136 STREET County HAMILTON Owner(s) PARKS AT SPRING MILL HOMEOWNERS ASSOCIATION 3. The area and type of interest being acquired: 1.240 ACRES PERMANENT RIGHT -OF -WAY The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest is being acquired separately in whole or part, except as may be explained in Item 8 below. 4. This acquisition is (check one): a.( A total acquisition of the real property. b.(X) A partial acquisition of the real property. 5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real property is as follows: a. Total Land, Land Improvements and Buildings 134,220.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residue, etc.) N/A c. Other Damages (Itemize): Cost -to -Cure Estimates: N/A N/A Temporary Right -of -Way: N/A Permanent Easement: N/A d. Total Damages 0.00 Total Just Compensation offered for this Acquisition is: 134,220.00 6. The amount in Item 5 above may include payment for the purchase of certain buildings and improvements and their ownership shall pass to the Acquiring Agency. These buildings and improvements are identified as follows: NONE 7. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment, Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows: LANDSCAPING, STONE WALL, STONE COLUMNS, LIGHTING, IRRIGATION SYSTEM, PVC FENCE, LAWN, SIDEWALK, FOOTBRIDGE, BITUMINOUS PAVEMENT 8. Items owned by others (i.e. lessee, tenants, etc.) included in Item 5 above are identified as follows: NONE 9. Remarks: NONE V r Date Signature Form 36551 (Rev.3 /96)