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HomeMy WebLinkAboutVendor's Affidavit - 2004 VENDOR'S AFFIDAVIT STATE OF INDIANA I ) SS: • i COUNTY OF 1-16_1111(71611 goo(4 , in his capacity as Vice_ Pig-esiki, - of The City of Carmel Redevelopment Commission (the"Vendor"), being first duly sworn, states that Vendor this day is conveying to Pedcor Office, LLC (the "Purchaser"), by a limited warranty deed (the"Deed"), certain real estate located in Hamilton County, Indiana, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Real Estate"). In connection with the sale of the Real Estate, Vendor has furnished to Purchaser a commitment for an owner's policy oftitle insurance forthe Real Estate under date of issued by _, as Number (the "Commitment"). Title to the Real Estate is free and clear of liens, leases,or encumbrances arising under, by, through, or based upon the actions of Vendor, except the following: 1. Easements, agreements, and restrictions of record disclosed in the Commitment; 2. Current taxes not delinquent; and 3. Whatever matters affecting the Real Estate, if any, that are disclosed in the Deed. Vendor has not executed, or permitted anyone on Vendor's behalf to execute, any conveyance, mortgage, lien,lease,security agreement, financing statement, or encumbrance of or upon the Real Estate or any fixtures attached thereto,except as stated above,that now is outstanding or enforceable against the Real Estate. Vendor has made no contract to sell all or any part of the Real Estate to any person other than Purchaser, and Vendor has not given to any person an option to purchase all or any part of the Real Estate, that is enforceable or exercisable now or at any time in the future. There are no unpaid claims for labor done upon, or materials furnished for,the Real Estate at the request, or for the benefit, of Vendor, in respect of which liens have been or may be filed. There is no judgment of any court of the State of Indiana,or of any court of the United States, by, through,or based upon the actions of Vendor that is or may become a lien on the Real Estate. No petition for bankruptcy has been filed by or against Vendor within the last six months,and no petition now is pending with respect to Vendor for bankruptcy, insolvency,or incom petency. Vendor is neither principal nor surety on any bond payable to,the State of Indiana. The Real Estate is now in possession of Vendor, and no other person has a right to possession,or claims possession,of all or any part of the Real Estate by,through, or based upon the actions of Vendor, except as disclosed above. Vendor will deliver possession of the Real Estate to Purchaser on the date hereof, free and clear of any right or claim of any person to the possession of the Real Estate by, through, or based upon the actions of Vendor. Vendor is not acting, directly or indirectly, in any capacity whatsoever for any foreign country or national thereof; Vendor is a redevelopment commission duly organized and existing under the laws of Indiana;the persons executing this affidavit and the Deed on behalf of Vendor are duly elected members of Vendor and fully have been empowered by proper resolution of Vendor to execute and deliver this affidavit and the Deed;and Vendor has full capacity to convey the Real Estate and all necessary action for the making of such conveyance has been taken and done. Vendor intends that: each of the statements made herein shall be construed as a representation; each of the representations is made for the purpose of inducing Purchaser to purchase the Real Estate;and each of the representations,whether construed jointly or severally, is true. Vendor expressly authorizes Purchaser and all other persons to rely on such representations. THE CITY OF CARMEL DEVELOP%'ENT OP lAVM ION 7 4,4/1W-' B ,►v/" % -' ..--6/ ` Printed: Pcl72c:l/c 5- CaW-P(— Title: (/ce ke-5 d e/t 1— ACKNOWLEDGMENT I Before me, a Notary Public in and for the State of Indiana, personally appeared tndc e �'_6 -4-e.1', the e,, / 4^esjd t' -I- of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Vendor's Affidavit on behalf of such entity. WITNESS my hand and Notarial Seal this fa day of December, 2004 By:_ /✓,—//c�°�4-1i-�!_�:Nblic i� Printed Name: 7<j /(//S 6,-W 4-F(-S CJ/ I am a resident of_ 0.14-0414111-60.County, Indiana. My commission expires =71,2-5(,A6c1._. —2- Z\Documents\Shoup,Jenny\City of Carmel'.Retai1 Parcel'Pedcor'.0 losing fhcuments.Uendor's Aft Idantwpd File No.: 2043428 EXHIBIT A Tract 1 A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Beginning at the brass plug found at the northeast corner of said quarter section, said corner being North 00 degrees 13 minutes 54 seconds West 2,648.02 feet, measured along the east line of said quarter section, from the brass plug found at the southeast corner of said quarter section; thence South 89 degrees 12 minutes 13 seconds West 707.40 feet running on and along the north line of said Northeast Quarter Section Line to a point on the east Right of Way line of the former Monon Railway; thence south running on and along said east Right of Way line South 00 degrees 51 minutes 54 seconds East 284.25 feet to a point that is also on the south Right of Way line of 126th Street (City Center Drive); thence North 77 degrees 00 minutes 25 seconds East and running on and along said south Right of Way Line 96.48 feet to a point; thence continuing on and along said south Right of Way line North 89 degrees 36 minutes 45 seconds East 140.00 feet to the Point of Beginning of this description; thence continuing on and along said south Right of Way line North 89 degrees 36 minutes 45 seconds East 27.49 feet to a point; thence continuing on and along said south Right of Way line South 89 degrees 56 minutes 58 seconds East 387.00 feet to a point on the west Right of Way line of South Rangeline Road; thence south and running on and along said west Right of Way line for the next three bearing calls, South 09 degrees 38 minutes 09 seconds West 77.92 feet; thence South 00 degrees 54 minutes 50 seconds West 150.03 feet; thence South 00 degrees 13 minutes 54 seconds East 640.59 feet to a point on the north Right of Way line of Monon Green Blvd.; thence leaving said west Right of Way line and running on and along said north Right of Way line South 89 degrees 12 minutes 13 seconds West 388.50 feet to a point; thence leaving said north Right of Way line North 00 degrees 51 minutes 54 seconds West 873.07 feet to the point of beginning, containing 7.880 acres, more or less. Excepting therefrom: Part of the North Half of the Northeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning at a point on the East line of the Northeast Quarter of Section 36, Township 18 North, Range 3 East 628.97 feet South 00 degrees 00 minutes 00 seconds (assumed bearing) from the Northeast corner of said Northeast Quarter; thence South 00 degrees 00 minutes 00 seconds on said East line 175.26 feet; thence South 90 degrees 00 minutes 00 seconds West 239.11 feet; thence North 00 degrees 00 minutes 00 seconds West parallel with the East line of said Quarter 173.00 feet to a point 628.97 feet South 00 degrees 00 minutes 00 seconds of the North line of said Northeast Quarter; thence North 89 degrees 27 minutes 30 seconds East parallel with said North line 239.12 feet to the place of beginning, containing 0.956 acres, more or less.