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HomeMy WebLinkAboutDitch - Parcel 6 - Brooks, Bobby/Lily IV y Cros :reference: Project: 04 -05 0' a Road: Ditch Rd. 4 d p1 Parcel: 6 lip WARRANTY DEED This Indenture Witnesseth, That Bobby R. Brooks and Lily I. Brooks, Husband and Wife Convey and Warrant to the CITY OF CARMEL in the State of Indiana for and in consideration of Fifty Seven Thousand One Hundred and 00/100 Dollars, the receipt whereof is hereby acknowledged, the following described Real Estate in Hamilton County, in the State of Indiana, to wit: See Attached Exhibit "A" Land and improvements 27,200.00 ,Damages 29,900.00 ,Total consideration 57,100.00 The grantor shall clear and convey free of all leases, licenses, or other interest both legal and equitable, and all encumbrances of any kind or character on, in and under said land as conveyed. It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all lands hereinbefore described (excepting any parcels specifically designated as easements or as temporary right of way) are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the grantor(s). In Witness Whereof, the said Gran r(s) ha.ve hereunto set their hand s and seal s this .2 4 day of o.A. 20 05 AllW x Seal l (Seal) :obby R. :n oks Lily I. Brooks ,,11111 1 111 e STATE OF INDIANA, Hamilton County, ss: ,t i- 6 r Before me, the undersigned, a Notary Public in and for said County and State, thisK day o 20c personally appeared the within named Bobby R. and Lily I. Brooks, arM acldrroW ed d he same to be their voluntary act and deed, for the uses and purposes herein mentioned. o, s 1 have ereunto s scrib d my name and affixed my official seal. y C l ,y Notary Public �j o BERNIE B. M ORGA e- /e.�(� t; Notary Pub N L I State a Printed Name Marlon Count Indian ;.1e My Commission Expires July 20, 2008 My Commission expires: Resident of County This instrument Prepared by: DULY ENTERED FOR TAXATION 200500040305 Subject to final acceptance for Transfer Filed for Record in HAMILTON t OUNTYr INDIANA 3 0 day of 200_ JENNIFER J HAYDEN n6-30-2005 At 12:15 PM. ,e t ti 7-It J z J4 Audit r of Hamilton County WARR DEED 18.00 Parcel g w 1 y'r EXHIBIT "A" Project: 04 -05 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 6 Fee A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER, SECTION TWENTY TWO (22), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3) EAST, HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B MORE FULLY DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of the West Half of the Southwest Quarter of Section 22, Township 18, Range 3 East, thence North 00 degrees 19 minutes 52 seconds East, along the West Line of said Quarter Section a distance of 561.00 feet to the PLACE OF BEGINNING, thence North 89 degrees 45 minutes 11 seconds East a distance of 70.00 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 31.15 feet, thence North 44 degrees 40 minutes 08 seconds West a distance of 42.43 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 268.55 feet, thence South 89 degrees 45 minutes 11 seconds West a distance of 40.00 feet, thence South 00 degrees 19 minutes 52 seconds West a distance of 330.00 feet to the PLACE OF BEGINNING. CONTAINING 0.335 ACRES (14,588.97 SQUARE FEET), MORE OR LESS. 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 November 8, 2004, from the original deed records of the property described and was based upon plans prepared by Beam, Longest, and Neff, LLC for the Ditch Road Improvement Project (Carmel City Project #04 -05), and dated August, 2004. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. own:1nu,�, TRENT E. NEWPORT e; N INDIANA LAND SURVEYOR T� 4 4 !?i34:* NO. LS 29600021 *AS Mari ri z STATE OF 17 V t e o�•; pi 00 �y�'� I01rodrtrora1N e 'PARCEL:. 04-05 5 EXHIBIT 77B 77 DRAWN BY JD 11 -08 -2004 CHECKED BY TEN 11 -08 -2004 ROAD: DITCH ROAD OWNER: BOBBY R. AND LILY I. BROOKS SCALE 1" 50' OUNTY: HAMILTON SECTION: 22 RECORD DOCUMENT: INST. #12166, BK. 233, PG. 157 TOWNSHIP: 18 NORTH `'s=i- i..;,,5;:., HATCHED AREA IS THE RANGE: 3 EAST I APPROXIMATE TAKING NW CORNER, SW 1 This plot was prepared from information obtoined from the Office of the Recorder of Hamilton County, and from plans prepared by Beam, Longest SEC. 22, T 18 N, R 3 E Neff, LLC doted August, 2004 for the City of Carmel (Project No. 04 -05) The basis of bearings for this plat and legal description ore based upon the deed record descriptions. L5 132' WEST r. °f 1- 3 5 y NORTH W f i y. g, 25' 0 25' 50' gin 4 r MN 1•111111M1 I■111111■ R. C OL r ,3 r L t '�;::e SCALE 1 50' f z,z 1 LINE TABLE e t f LINE BEARING DISTANCE f m BOBBY R. AND LIL Y L BROOKS i Y '11' E 70.00' '<F k INST #12166, BK 233, PC 157 L1 N 89'45 w'z� =°�;i; L2 N 0019'52' E 31.15' "Yry •``;0. Si;'; 1 �1 'F' L3 N 44'40'08' W 42.43' jn jA L4 N 0019'52" E 268.55' co i L5 S 89'45'11" W 40.00' &to-;.. s' 44, `T" y t a; L6 S 0019'52' W 330.00' o ;f- 4g tr rr Z AREA (PARCEL 6) ,Z 0 "i:::, r n c) ACRES (S0. FT) r€ r TOTAL 1.00 (43,560.00) o yxf: R/W TAKE 0.34 (14,588.97) .$i RESIDUE 0.66 (29,971.03) O .:,z r'''t`'' ty) O 1 s: Xa-' A J' A 4 y s tr -_:::455 =G fg47. $i fs. PREPARED BY: t .:4,, ,,,t. (PLACE OF 3EGINNING 1— 1 7 7 %i 't: ;t'�'s L1 132' EAST Lu w SE CORNER, SW 1/4, Cr) uD SW CORNER SEC. 22, T 18 N, R 3 E Q. W 1/2, SW 1/4, CROSSROAD N 8929'54" E SEC. 22, T 18 N, R 3 E EN GINE E RS PC APP. SECTION LINE Transportation 136TH STREET Development Consultants 3.117 S 9RAWN OR_ BEFCN CROW, N 410 (31](]90 -1555 0 Project: 04 -05 u, Parcel: 6 Carmel (0.3 PARTIAL RELEASE OF MORTGAGE This is to certify that a pertain mortgage executed by Bobby R. Brooks and Lily I. Brooks (Mortgagor) to *Chase Home Finance LLC(Mortgagee), dated April 25, 2003 ,in the sum of S123,000.00 recorded in mortgage recora 200300044650 of the records of Hamilton County, Indiana, is hereby released upon the following described real estate in Hamilton County, Indiana: See Attached Exhibit "A" Said Mortgage remains in full force and effect as to the remainder of real estate therein described. In witness whereof the said *Chase Home Finance LLC (Mortgagee) has caused this partial release of mortgage to be signed by its Asst. Vice President and its seal attached thereto this 5 day of May 2005. BY: (Signatur :i■ Ann -Marie Vess, Assistant Vice President (Printed Name and Title) STATE OF Florida SS: COUNTY OF Hillsborough Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ann -Marie Vess known to me to be the Asst. Vice President of the Chase Home Finance LLC (Mortgagee) and acknowledged the execution of the above partial release of mortgage as and for the act and need of the said *Chase Home Finance LLC (Mortgagee). Witness my hand and notarial seal this day of Ma 5 2005. 1 !t is l �ii f' 114 4 Notar Public (Signature) Notary Public (Printed My Commission Expires r HARITAA,RAGANAS MY COMMISSION DD 312575 My County of Residence is Hillsborough EXPIRES; June 20,2008 aenabelnruNoleryPubiltUntlenvdtar This Instrument Prepared By: Kimberly Pacini Mortgage Electronic Registration Systems, Inc. as nominee for 200500040306 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 06 -30 -2005 At 12:15 am. PT REL MTG 12.00 Project 04 -05 Parcel 6 fi) EXHIBIT "A" Project: 04 -05 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 6 Fee A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER, SECTION TWENTY TWO (22), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3) EAST, HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT 'B MORE FULLY DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner the West Half of the Southwest Quarter of Section 22, Township 18, Range 3 East, thence North 00 degrees 19 minutes 52 seconds Fast, along the West Line of said Quarter Section a distance of 561.00 feet to the PLACE OF BEGINNING, thence North 89 degrees 45 minutes 11 seconds East a distance of 70.00 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 31.15 feet, thence North 44 degrees 40 minutes 08 seconds West a distance of 42.43 feet, thence North 00 degrees 19 minutes 52 seconds East parallel to said West Line a distance of 268.55 feet, thence South 89 degrees 45 minutes 11 seconds West a distance of 40.00 feet, thence South 00 degrees 19 minutes 52 seconds West a distance of 330.00 feet to the PLACE OF BEGINNING. CONTAINING 0.335 ACRES (14,588.97 SQUARE FEET), MORE OR LESS. 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 November 8, 2004, from the original deed records of the property described and was based upon plans prepared by Beam, Longest, and Neff, LLC for the Ditch Road Improvement Project (Carmel City Project #104 -05), and dated August, 2004. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. elp TRENT E. NEWPORT NP dQ INDIANA LAND SURVEYOR NO. LS 29600021 E F. STATE OF r su LEGAL DESCRIPTION 34 batik. Private Client:& Trust Services 6/15/05 93 -541 1 866 -252 -4360 pp ppcc 920 Five'StarSeivicGuaranteed lOOO1SOOJ 38M231007 TSP" DITCH RD 136Th TO 141ST R/W PROJ 0405#3 DOLLARS AND 00 CENTS _PAY TO THE 37,275.00 ORDER OF DRAWER: US Bank BOBBY °R AND LILLY:I BROOKS C/0.13 MORGAN BEAM LONGEST NEFF LLC 13811 DITCH ROAD 2 CARMEL IN 46032 AUTHORIZED SIGNATURE ISSUED BY: TRAVELERS EXPRESS COMPANY, INC. DRAWEE: FIRST INTERSTATE BANK, HELENA, MT P.O.. BOX 9476 MINNEAPOLIS, MN 55480 II' 1008 1 508 511' 1:09 200 54 L LI:0 1600 LO 700 7 7 20 38M231007 $37,275.00 ZC 301 1 6/15/05 MISCELLANEOUS DISBURSEMENT 100815085 $37,275.00 CT- JW- TFMMUNI 2012 CARMEL REDEVELOPMENT 2004 CONST AC RTSP DITCH RD 136TH TO 141ST RNV PROJ 04 -05#3 PARCEL 6 PER REQ #16 DTD 6/13/05 BOBBY R AND LILLY I BROOKS C/O B MORGAN BEAM LONGEST NEFF LLC 13811 DITCH ROAD CARMEL IN 46032 Private Client 8 Trust Services Questions Call 1- 866 -252 -4 0 or AV 2�� Private Client,& Trust Services 93 -541 an 1 -866- 252 -4360 6/15/05 9zo Fiv Star ServiceGuaranteod� 1008 38M231007 c TsPPR0J 04-05(#3) PARCEL 6 *19,825 DOLLARS'AND 00 CENTS PAY TO THE 19,825.00 ORDER OF DRAWER: US Bank BOBBY LILLY. BROOKS C /O_B MORGAN GHASE_HOME FINANCE, LEGAL FLOOR 2 '4915JNDEPENDENCE PKWY jete TAMPA FL 33634 -7503 AUTHORIZED SIGNATURE ISSUED BY: TRAVELERS EXPRESS COMPANY, INC:: DRAWEE: FIRST INTERSTATE BANK, HELENA, MT P.O. BOX 9476 MINNEAPOLIS, MN 55480 11' L0013 1508 311' I:09 200 54 L L1:0 L600 L07007? 211' 38M231007 $19,825.00 ZC 300 63 6/15/05 MISCELLANEOUS DISBURSEMENT 100815083 $19,825.00 CT- JW- TFMMUNI 2012 CARMEL REDEVELOPMENT 2004 CONST AC RTSP PROJ 04- 05( #3) PARCEL 6 DITCH ROAD 136TH TO 141ST R/W BOBBY LILLY BROOKS C/O B MORGAN CHASE HOME FINANCE, LEGAL FLOOR 2 4915 INDEPENDENCE PKWY TAMPA FL 33634 -7503 0 Private Client Trust Services Questions Call 1- 866 252 -4360 ,��c� -2 ZdJ I/60V IP. 1\ ALA REV -29 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 rocess 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 estimated 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 -05 Parcel 6 Road Ditch Road City /County Carmel /Hamilton Owner's Bobby R. and Lily 1. Brooks 3. The area and type of interest being acquired: 0.26 acres Permanent Right -of -Way and 0.08 acres of existing 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 $27,200.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc.) $13,500.00 c. Other Damages (Itemize) (i.e.: Cost -to -Cure, Temporary Right -of -Way, etc.) Septic $6,900.00 d. Total Damages (Sum of 5B 5C) $20,400.00 Total Just Compensation offered for this Acquisition is $47,600.00 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. 12. 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: Lawn, asphalt drive and trees 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: None. 9. Remarks: The offer to the owner includes compensation for the owner to connect to the municipal sewer and vacate his existing septic system. All connection fees are included in this amount as well as compensation to restore the lawn and flower beds. Date z3/0S Steve Engelking, Director, C y of Carmel, IN Form 36551 (Rev. 6/94)