HomeMy WebLinkAboutVENDOR'S AFFIDAVIT VENDOR'S AFFIDAVIT
STATE OF INDIANA
'1 ) SS:
COUNTY OF N"miCIO )
q‘cA-1 A.i2otsc k ,the P2 of the City of Carmel Redevelopment Commission
(the "Vendor"), being first duly sworn, states that Vendor this day is conveying to RH of Indiana, L.P., an
Indiana limited partnership (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 of title insurance for the Real Estate under date of (ot11o(
issued by Hamilton Title Security, LLC, as Number10b41 (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
e3. 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 incompetency. 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 members of Vendor and
o 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.
II 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
REDEVEI OR1 ENT CO' /S19,y
Printed` / ✓ �� - , _F G-
Title: -s
ACKNOWLEDGMENT
Before me, a Notary Public in and for the State of Indiana, personally appeared
"t icwit xsa6v...4,1 , the r?;2..�S of the City of Carmel Redevelopment Commission, who
acknowledged the execution of the foregoing Vendor's Affidavit o- •eh- e -..Ji entity.
WITNESS my hand and Notarial Seal thi Alg��~'�7.001.
�� 111'
titY PUS By: ��= r`��_
!h WILLIAM B. 'ovary "u. I
M OLSEN
. . Y Comm.Exp; 06-30-08
Res.of Hamilton Co. Printed Name:
O /A, 'Hamilton
I am a resident of County, Indiana.
My commission expires .
This instrument was prepared by Jennifer Shoup, Attorney-at-Law, Wallack Somers & Haas, One Indiana
Square, Suite 1500, Indianapolis, Indiana 46204.
s
-2-
Z:\Documents\Shoup, Jenny\City of Carmel\Townhouse Parcel--Ryland\Vendor's Affidavit.wpd
S
File No.: 2010847
EXHIBIT A
(Parcel 6-B)
Part of the Northeast Quarter of Section 36, and part of the Southeast Quarter of Section 25, both
in Township 18 North, Range 3 East, Clay Township, Cannel, Indiana, and more particularly
described 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 (bearing from a
survey by American Consulting, Inc. dated May 31, 2000) 1227.79 feet along the North line of
said Northeast Quarter Section to a point on the West right-of-way line of Third Avenue
Southwest; thence North 00 degrees 12 minutes 12 seconds East 6.50 feet along said right-of-
way to the proposed South right-of-way of Autumn Drive; thence South 89 degrees 12 minutes
13 seconds West 165.04 feet along said proposed right-of-way to the Point of Beginning; thence
South 00 degrees 12 minutes 12 seconds West 159.76 feet to the proposed right-of-way of 126t1i
Street; thence South 89 degrees 45 minutes 36 seconds West 173.87 feet along said proposed
right-of-way; thence North 02 degrees 10 minutes .57 seconds East 54.86 feet; thence North,68
degrees 55 minutes 42 seconds East 29.49 feet; thence North 16 degrees 37 minutes 44 seconds
East 30.77 feet; thence North 70 degrees 57 minutes 47 seconds West 41.04 feet; thence North
00 degrees 12 minutes 12 seconds East 49.77 feet to the proposed South right-of-way line of
Autumn Drive; then ce North 89 degrees 1 2 minutes 13 seconds East 174.66 feet along said
l
proposed right-of-way to the Point of Beginning and containing 0.602 acres more or less.
(Parcel 6-D)
Part of the Northeast Quarter of Section 36, and part of the Southeast Quarter of Section 25 both
in Township lU North, Range 3 .aJ+, Clay Township, r ur :et, Indiana, aiu more
particularly
described 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 (bearing from a
survey by American Consulting, Inc., dated May 31, 2000) 1227.79 feet along the North line of
said Northeast Quarter Section to a point on the West right-of-way line of Third Avenue
Southwest; thence North 00 degrees 12 minutes 12 seconds East 6.50 feet along said right-of-
way to the proposed South right-of-way of Autumn Drive; thence South 89 degrees 12 minutes
13 seconds West 622.01 feet along said proposed right-of-way to the Point of Beginning; thence
South 00 degrees 12 minutes 12 seconds West 41.26 feet; thence South 27 degrees 25 minutes 57
seconds East 39.39 feet; thence South 29 degrees 56 minutes 41 seconds East 27.35 feet; thence
South 07 degrees 20 minutes 30 seconds West 51.69 feet to the proposed North right-of-way line
of 126th Street and a point on a non-tangent curve being concave to the Northeast, having a radius
of 461.00 feet and a central angle of 4 degrees 15 minutes 29 seconds; thence Northwesterly
34.26 feet along said proposed right-of-way to the Point of Tangency; the following four curses
are along said proposed right-of-way, thence North 78 degrees 24 minutes 01 seconds West
181.15 feet to the Point of Curvature of a curve being concave to the Southwest, having a radius
of 559.00 feet and a central angle of 11 degrees 35 minutes 58 seconds; thence Westerly 113.17
feet to the Point of Tangency; thence North 90 degrees 00 minutes 00 seconds West 153.97 feet
to the Point of Curvature of a curve being concave to the South, having a radius of 749.00 feet
and a central angle of 25 degrees 29 minutes 05 seconds; thence Southwesterly 333.15 feet to the
West line of said Northeast Quarter Section; thence North 00 degrees 11 minutes 57 seconds
West 153.30 feet along said line to the North line of said Northeast Quarter; thence North 89
degrees 12 minutes 13 seconds East 235.52 feet along said line; thence North 00 degrees 13
minutes 40 seconds East 6.50 feet to the proposed South right-of-way line of Autumn Drive;
thence North 89 degrees 12 minutes 13 seconds East 539.90 feet along said line to the Point of
Beginning and containing 1.977 acres, more or less.
I