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HomeMy WebLinkAboutMonon Trail At Nash Building (city Center) • DULY ENTERED FOR TAXATION t Subject to final a eptance for transfer 2013038575 RIGHT WRY $22.00 06/21/2013 01:07:20P 5 PGS at day f Vnt Mary L. Clark y 20 HAMILTON County Recorder IN Recorded as Presented ((m Auditor at Ha lton County 111111111111IIIIIIIIII11111IIIIIIIIIIIIIIIVIIIIIIIIIMNIIIIIIIIIII Parcel #_ RIC:HT-OF-WAY GRANT AGREEMENT • Monon East Six Feet his Right-of-Way Grant Agreement (Monon East Six Feet) (the "Grant Agreement"), executed this day of June, 2013, by CCC West, LLC ("CCC West"), in favor of The City of Carmel Redevelopment Commission ("CRC"), Witnesses: Recitals WHEREAS, CRC is the owner of the real estate that comprises a portion of the right-of-way for that certain recreational trail commonly known as the "Monon Trail" (the "Current ROW"); WHEREAS, the Current ROW generally is depicted on Exhibit A; WHEREAS, in connection with certain improvements being made to the Monon Trail, CRC seeks to shift the Current ROW six feet to the east; WHEREAS,CRC has executed that certain Release of Right-of-Way(Monon West Six Feet) of even date herewith (the"Release")pursuant to which CRC released the westernmost six feet of the Current ROW, thereby shifting the western boundary of the right-of-way for the Monon Trail six feet to the east; WHEREAS, subject to the terms and conditions of this Grant Agreement, CCC West has agreed to grant to CRC an easement for public right-of-way purposes with respect to that certain real estate owned by CCC West and more particularly described on Exhibit B (the "Grant Property"); WHEREAS, upon the grant by CCC West of an easement for public right-of-way purposes with respect to the Grant Property, the eastern boundary of the right-of-way for the Monon Trail will shift six feet to the east; WHEREAS,the Current ROW,as shifted pursuant to the Release and this Grant Agreement, is the "Right-of-Way"; WHEREAS, CCC West wishes to execute this Grant Agreement; Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, CCC West agrees as follows: 1. Grant. Subject to the terms and conditions of this Grant Agreement, CCC West hereby grants to CRC a public right-of-way easement over, under, across, and through the Grant Property(the "Right-of-Way Grant"),which Right-of-Way Grant is granted for the purposes of allowing: (a) pedestrian and bicycle use of the Grant Property (the "Public Uses"); and (b) use of the Grant Property by service vehicles in connection with servicing or repairing the Right-of-Way and/or utility facilities adjacent thereto (the "Service Uses"); and for no other purposes whatsoever. The Public Uses and the Service Uses, collectively, are the "Permitted Uses". 2. Nature. The Right-of-Way Grant is for the benefit of CRC, and the obligations imposed by this Grant Agreement with respect to the Right-of-Way Grant shall run with the Grant Property. Accordingly, this Grant Agreement shall bind, and inure to the benefit of, CCC West and CRC, and their respective successors and assigns, as the owners of the Grant Property and the remainder of the Right-of-Way, respectively. No member of the public shall: (a)be deemed to be a third party beneficiary of this Grant Agreement; or(b)have any right to make a claim against CCC West under this Grant Agreement or with respect to the Right-of-Way Easement. 3. Maintenance. CRC, at its cost and expense, shall take such actions as are necessary to maintain the Grant Property in: (a)good,safe, and clean condition; (b) at least the condition in which the remainder of the Right-of-Way is maintained; and (c) in a condition such that it remains suitable for the Permitted Uses. 4. Improvements. CRC shall be permitted to make only such improvements to the Grant Property as may be necessary or appropriate to facilitate, or allow the continuance of, the Public Uses. 5. Insurance. CRC, at its cost and expense, shall maintain with respect to the Grant Property such insurance as CRC maintains with respect to the remainder of the Right-of-Way; provided that any policy of liability insurance with respect to the Grant Property shall name CCC West as an additional insured. 6. Adjoining Property. CRC shall not be permitted to impose any setback requirements with respect to the Grant Property that are in addition to anysetbacks required pursuant to any applicable law. Accordingly, with respect to the real estate located immediately to the east of the Grant Property, CCC West specifically shall have the right to construct improvements that extend to the eastern boundary of the Grant Property, so long as such extension does not violate any applicable law. 7. Miscellaneous. This Grant Agreement shall be governed by,and construed in accordance with, the laws of the State of Indiana. The invalidity or unenforceability of any term or condition of this Grant Agreement shall not affect the validity and enforceability of any other term or condition. This Grant Agreement may be executed in separate counterparts,each of which shall be an original, but all of which together shall constitute a single instrument.All Exhibits referenced herein are attached hereto,and incorporated herein, by reference. IN WITNESS WHEREOF, CCC West has executed this Grant Agreement as of the date set forth above. CCC WEST, LLC By: /(04 4.4->A. y"-Si -s Printed: DOLORES M. KROHNE Title: SENIOP VICE oRESIDENT ACKNOWLEDGMENT STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for the State of Indiana, personally appeared the_ Jn 'J' c' , ,1�c1- __of CCC West, LLC,who acknowledged theexecutio of the foregoing Right-of-Way Grant Agreement(Monon East Six Feet)on behalf of such entity. skE i WITNESS my hand and Notarial Seal this 'Z day of May, 2013. SHERRI J.LECHNER By: �. . . Hamilton County Notary P I c `.4,SEAL,' My Commission Expires '? jIM' October 17,2015 — .,,•••._, Printed Name: er hvr°Z_ I am a resident of Nc — County, Indiana. My commission expires _ 10•_\7 .� Return after recording to 30 West Main Street, Suite 220, Carmel, Indiana 46032 This instrument was prepared by Jennifer R. Shoup,Attorney-At-Law,Wallack Somers & Haas,One Indiana Square, Suite 2300, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jennifer R. Shoup EXHIBIT A I I L GRANTOR: i CCC WEST, LLC INST. #2012070073 TRACT #5C / a o m PROPOSED SELL—OFF TO w m CARMEL REDEVELOPMENT •O COMMISSION (1100.9 SQ. FT.) a 3 0 0 (GRANT PROPERTY) CO n tip Z O Z N p A H A PORTION OF CITY OF CARMEL 6, m REDEVELOPMENT COMMISSION rn 3 r INST. #9909923664 c▪ Nn D (MONON WEST SIX FEET) z r ADJOIN ER: CITY OF CARMEL REDEVELOPMENT COMMISSION INST. #200600064025 PREPARED FOR AAP CARMEL REDEVELOPMENT COMMISSION Ill WEST MAIN STREET.SUITE 140 CARMEL,INDIANA 46032 CENTRAL STATES CONSULTING, LLC Z3-0 NORTH GREEN STREET ORGWNSSORG, INDIANA 12 HONE: 317-555'5663 FAX: Si 7-555-5673 40 0 20 40 PROPERTY GRANT ,' EXHIBIT sE* MONON TRAIL @,CARMELQfl CENTER ( IN FEET ) C ; � `. v CARMEL.INDIANA 1 inch = 40 ft. &A [�, �" .� �5 MLW 3JI PROJECT NUMBER '1JNFt X:.d,A41 N,A1d AYC 1 2-O E{4 EET 1 OF 1 SCALE EXHIBIT B Legal Description of Grant Property A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18 North, Range 3 East;thence South 89 degrees 12 minutes 13 seconds West(assumed bearing)707.40 feet along the North Line of said Northeast Quarter to the eastern boundary of the 1.800 acre tract of land ("Monon tract") described in the QUITCLAIM DEED recorded as instrument #9909923664 by the Recorder of Hamilton County, Indiana; thence South 00 degrees 51 minutes 54 seconds East 858.25 feet along the eastern boundary of said Monon tract to the point of beginning of the 1.257-acre tract of land granted to CCC West, LLC (recorded as Instrument Number 2012070073 in said Recorder's Office); thence continue South 00 degrees 51 minutes 54 seconds East 34.47 feet along the eastern boundary of said Monon tract and the western boundary of said tract owned by CCC West ("common line") to the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East 7.05 feet; thence South 00 degrees 00 minutes 00 seconds East 198.00 feet;thence South 90 degrees 00 minutes 00 seconds West 4.07 feet to said common line; thence North 00 degrees 51 minutes 54 seconds West 198.03 feet along said common line to the POINT OF BEGINNING, containing 1,100.9 square feet, 0.025 acres, more or less. 2013038576 RELEASE $22.00 06/21/2013 01:07:20P 5 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented RELEASE OF RIGHT-OF-WAY Monon West Six Feet This Release of Right-of-Way (Monon West Six Feet) (the "Release"), executed this day of May, 2013, by The City of Carmel Redevelopment Commission ("CRC"), Witnesses: Recitals WHEREAS, CRC is the owner of the real estate that comprises a portion of the right-of-way for that certain recreational trail commonly known as the "Monon Trail" (the "Right-of-Way"); WHEREAS, the Right-of-Way generally is depicted on Exhibit A; WHEREAS, in connection with certain improvements being made to the Monon Trail, CRC seeks to shift the Right-of-Way six feet to the east; WHEREAS, in connection with such shift of the Right-of-Way, and pursuant to this Release, CRC is releasing that portion of the Right-of-Way comprised of the westernmost 6 feet, which portion is described on Exhibit B (the "Released Real Estate"); WHEREAS, Carmel Development I, LLC ("CDI"), is the owner of the property adjoining the Released Real Estate to the west; WHEREAS, CRC intends that, in connection with the release of the Released Real Estate, title to the Released Real Estate shall vest in CDI, as the owner of the property adjoining the Released Real Estate to the west, free of any rights of CRC or the public for right-of-way purposes; and WHEREAS, CRC wishes to execute this Release; Release and Acknowledgment NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, CRC hereby: (a) releases the Released Real Estate; accordingly, neither CRC nor the public shall have any rights with respect use of the Released Real Estate for right-of-way purposes; and (b) acknowledges that, in connection with foregoing release, title to the Released Real Estate automatically shall vest in CDI, as the owner of the property adjoining the Release Real Estate to the west. IN WITNESS WHEREOF, CRC has executed this Release as of the date set forth above. T H E C I T Y O F C A R M E L RED�E�VJL/o •MENT Cs' MISSION By: W !_�t torso sig. William Hammer, •resd:nt DULY ENTERED FOR TAXATION Subiect to final acceptance for transfer dl day of T9 ^ v Thtur Canoe.. Auditor at Hamilton County Parcel # ACKNOWLEDGMENT STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for the State of Indiana, personally appeared William Hammer, the President of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Release of Right-of-Way (Monon West Six Feet) on behalf of such entity. WITNESS my hand and Notarial Seal this 23day of May, 2013..A�//// By: __14 ° `� Notary Public f . 'o j I Printed Name: r��la " t — Jr4—LICy I am a resident of iG.n1 i �40A County, Indiana. My commission expires _ A l(B — I e. • MATTHEW DANE WORTHLEY Notary Public-SsN Slate of In0iana My CommisskmEapkea Jan It 2019 Return after recording to 30 West Main Street, Suite 220, Carmel, Indiana 46032 This instrument was prepared by Jennifer R. Shoup, Attorney-At-Law, Wallack Somers & Haas, One Indiana Square, Suite 2300, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jennifer R. Shoup EXHIBIT A General Depiction of current Monon Right-of-Way u3L 1 �-"z< E 2 5—<? a.5:/i a (�y" i s , i e I e : �1 Yi - Z le St� l c . a. 7 � e ,, S FU-+ I� ‘4'—' —,ec is-gs .p l8 382 31< a i � e E 1 $ a�isi asi i a `� ,t.';,,' d�- II 3 ; it 1 Aieden e a a - 61F. < dene��„o.oaooeol© o _,777: ,..1.•1 F§z �� mri�(, .,, - d 5 -_ �, CI•'. • ' c. !' i9l al"•f 1 liaii t; a 94Aif liAifflit aa' a 3(! 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G i 2 77 1 li §s s2 7,! - € i 343+,77:77.+39;\t s a is i3 :444414199444?a ? 8 7 2, 2 t- s it - F A a Ls A t 12 4` a s it 8 d i f i 3 :k g G al i- 't i;] 31,9`•2:=i : 1= 7-`i 1 ` ! . a i, § l 7 ti i] 21 f < < : _ { 1 ° §' : ai 6i 43 1 l . c Hi t:'7 21`2:22r.i1:, r al: : l :'- it 2. E 2 t ! i -a§, jail : 2 5' Fir 3i t i faa4.2 y2 iY d a •A '�e €E4 �..... Z ll1A `jila 12,2= i'} i e :II it SY 1 i i - _ F i' S 7 -:, .a i }e }8 ;1.;y s iii Q - a=2 `ICI :7311 El1:a€Eaa2 -7.l . . 271 21 as i f 2 • i 1`i 122. 1 i a f i]s -' i 122'12': 827 i. I'Isis!, its i' =1, 2,..if 13 3 ii i) C a l i i 7i ' e s C i 3 I!. a 8 a , l § • 2 I`I 7 4 2 a3 a a t s i G 7 @ i 7 _ -- _3!.3° sifts 1 1-ii,_ it .. ?2 :E 2 a 9• .n Al . . .7.1. 7 22.12:.7 . - -i�37:77 7..7 .. a a a a . : 1 ae.l is a i a 4 a: !si G 77gi,a E2E 7, - t [- E--_33 ?.§ •e a u 7.5-t ;il I 1 I �7 A 1 •, ,r1 4 1t hni ta \ . : I i l m N ' f 1 f it II U U � , j I 5p ° t ,.] � ��. I I !.„222 2. ti,l l l l l IO " I ' ' ” "'.; VI I I • ,� a _ a a { I. a -2 i fsg I , - 9 IJ i's: °:1° I G S I 1 a 1 !R a '",i l 73°-g 9 L °3 i ', i ; - 771:4 iia 4 r'v1E i 4,ai i_S ti, \ 2 .s• i -Eii : §E�§S S i £': i i '_'• ��I Pi 1. ;al ;Si _ s`:lif° l IA .. a e- }_ c , _, m°sa - -\} - -- ---, .. - — - _. ads --�'- ,z411 —I �. —sy �.�.n .xonine./P a.� {w � --- ,i 1 f;i e . _ _ i; X111• `S'I G 7425,5° i I i3'= °'i i �''! l 1 91 AI ila i 3 p i1 i 7 is s.is a3 - h 17,77 6 1 ��L _..� 47 I 1` I �� 1 1 44 5 EXHIBIT B Legal Description of Released Real Estate A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 36, Township 18 North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed bearing) 773.40 feet along the North Line of said Northeast Quarter to the northwestern corner of a 1.800-acre tract of land granted to the City of Carmel Redevelopment Commission ("Monon tract") (recorded as Instrument Number 9909923664 in the Office of the Recorder of Hamilton County, Indiana); thence South 00 degrees 51 minutes 54 seconds East 816.80 feet along the western line of said Monon tract to the point of beginning of a 3.098-acre tract of land granted to Carmel City Center Community Development Corporation ("Parcel 7C") (recorded as Instrument Number 2010005056 in said Recorder's Office); thence continue South 00 degrees 51 minutes 54 seconds East 87.22 feet along said western line and the eastern boundary of said Parcel 7C to the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East 7.05 feet; thence South 00 degrees 00 minutes 00 seconds East 198.00 feet; thence South 90 degrees 00 minutes 00 seconds West 4.07 feet to the western line of said Monon Tract; thence North 00 degrees 51 minutes 54 seconds West 198.03 feet along said western line to the POINT OF BEGINNING, containing (1,100.9 square feet), 0.025 acres more or less.