HomeMy WebLinkAbout2013 Limited Warranty Deed/Chaos building/to Bob Merrll LIMITED WARRANTY DEED
The City of Carmel Redevelopment Commission(the"Grantor"),CONVEYS to Robert Merrill
(the "Grantee"),for the sum of$10.00 and other valuable consideration, the receipt and sufficiency of which
are acknowledged hereby, certain real estate in Hamilton County, Indiana, as more particularly described on
Exhibit A, attached hereto and incorporated herein by reference (the "Real Estate").
Subject to: (a) the lien of real estate taxes due and payable in November, 2013, and
thereafter; (b)all general and special assessments, and all other governmental, municipal, and public dues,
charges, and impositions not delinquent, each of which Grantee assumes and agrees to pay; and (c)those
matters set forth on Exhibit B.
Grantor, as its sole warranty herein, specially warrants to Grantee, and the successors and
assigns of Grantee, that it will forever defend title to the Real Estate (subject to the matters set forth above
to which this conveyance is made subject) against those claims, and only those claims, of all persons who
shall claim title to, or assert claims affecting the title to, the Real Estate, or any part thereof, under, by, or
through, or based upon the acts of, Grantor, but not otherwise.
The undersigned person executing this deed on behalf of Grantor represents and warrants
that he has been duly authorized and fully empowered to execute this deed by all necessary action of Grantor,
and has full power and authority to execute and deliver this Limited Warranty Deed.
IN WITNESS W HEREOF, Grantor has executed this Limited Warranty Deed this 31st day
of July, 2013.
THE CITY OF CARMEL REDEVELOPMENT
COMMISSION
BY: .,, I L �i�i�/V/ IL
B 4
William am er, •r: ident
ACKNOWLEDGMENT
STATE OF INDIANA )
SS:
COUNTY OF 'Y✓Iakt0A.) _ )
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 Limited Warranty Deed on behalf of such entity.
WITNESS my hand and Notarial Seal this 31st day of July, 2013. ///y� �/ ��,y�/�
By: A (124�`"v—
Notary Pubic
Printed Name: .yaw. CARLA J.ARNOLD
e
Marion County
I am a resident of County, Indiana. j®` My Commission Expires
,.. May 14,2015
My commission expires -` -{ J • '
Return after recording and send tax statements to:
Robert Merrill
This instrument was prepared by Ryan R.Wilmering,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.
Ryan R. Wilmering
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Demist.wad
Exhibit A
Part of Lot Number 15 in Warren and Phelps Addition to Bethlehem, now Carmel, Hamilton County, Indiana, as
per plat thereof, recorded in Deed Record H, page 258 in the Office of the Recorder of Hamilton County, Indiana,
described as follows, to-wit:
Begin 2 '/i feet East of the Northwest corner of said Lot and run thence South 132 feet; thence East 28 feet;
thence North 132 feet; thence West 28 feet to the place of beginning
Legal Description 13-0434122
EXHIBIT B—Commitment ff13-043\S
1. Taxes for 2013 payable 2014 now a lien not yet due and payable.
2. Possible municipal assessments, sewer use charges, and/or impact fees levied by the City of Carmel,
Indiana 140 a p1* ikai
3. Possible easements for drainage ditches, feeders, laterals and tile drains.
4. Easement, restrictions, possible assessments for maintenance, and rights of others entitled to the
continued uninterrupted flow of water through the Morrow-Follett, Legal Drain, in accordance with. Indiana
Drain Code, IC (1981) 36-9-27-33 et seq.
AFFIDAVIT
CONCERNING NON-APPLICABILITY OF
INDIANA RESPONSIBLE PROPERTY TRANSFER LAW
STATE OF INDIANA
11^^lI ) SS:
COUNTY OF W N _ )
William Hammer (the "Affiant"), in his capacity as the President of The City of Carmel
Redevelopment Commission (the "Transferor"), states that:(a)Transferor is the owner of certain real estate
in Hamilton County, Indiana,more particularly described in Exhibit A,attached hereto and incorporated herein
by reference (the "Real Estate"); and (b) the Real Estate:
(i) contains no facilities that are subject to reporting under Section 312 of the federal
Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. § 11022);
(ii) is not the site of any underground storage tanks for which notification is required
under 42 U.S.C. § 6991a and Ind. Code § 13-23-1-2(c)(8);
(iii) is not listed on the Comprehensive Environmental Response, Compensation, and
Liability Information System in accordance with Section 116 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9616); and
(iv) consequently is not "property" under, and is not subject to, the provisions of the
Indiana Responsible Property Transfer Law (Ind. Code § 13-25-3-1, et seq.).
Transferor shall indemnify and hold harmless Robert Merrill, as transferee(s) of the Real
Estate, from and against any and all claims, damages, losses, and expenses (including, without limitation,
attorneys' fees) arising from or connected with any misrepresentation contained herein.
Affiant states that he is authorized to execute and deliver this Affidavit on behalf of Transferor.
THE CITY OF CARMEL REDEVELOPMENT
COMMISSION
By: I L v../ _—s., Ala
.,/LI A
William Hamm-r P'esident
ACKNOWLEDGMENT
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 Affidavit Concerning Non-Applicability of Indiana Responsible Property Transfer Law on behalf
of such entity.
WITNESS my hand and Notarial Seal this 31st day of July, 2013.
By: _ �f
Notary Publi
Printed Name: • J.ARNOLD
Ear Notary Public, tate 0 •
Marion COUnty
+r: t• My Commission Expires
OW® May 14,2015
I am a resident of County, Indiana.
My commission expires
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Exhibit A
Part of Lot Number 15 in Warren and Phelps Addition to Bethlehem, now Carmel, Hamilton County, Indiana, as
per plat thereof, recorded in Deed Record H, page 258 in the Office of the Recorder of Hamilton County, Indiana,
described as follows, to-wit:
Begin 2 1/2 feet East of the Northwest corner of said Lot and run thence South 132 feet; thence East 28 feet;
thence North 132 feet; thence West 28 feet to the place of beginning
Legal Description 13-0434/22
VENDOR'S AFFIDAVIT
STATE OF INDIANA
SS:
COUNTY OF 1014_ )
William Hammer, in his capacity as the President of The City of Carmel Redevelopment
Commission (the"Vendor"), being first duly sworn, states that Vendor this day is conveying to Robert Merrill
(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 delivered to Purchaser a
commitment for an owner's policy of title insurance issued for the Real Estate under date of June 7, 2013,
issued by Hamilton National Title LLC, as Number 13-0434 (the "Commitment").
Vendor has an indefeasible estate in fee simple in the Real Estate;and the Real Estate is free
and clear of liens, leases, or encumbrances, except the following:
1. Easements, agreements, and restrictions of record, which to Vendor's knowledge
are 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 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 or 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 or 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 or
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 validly existing redevelopment commission under the laws of Indiana; the
persons executing this affidavit and the Deed on behalf of Vendor fully have been empowered by 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 REDEVELOPMENT
COMMISSION j
By: ( /I L ../I JAMS 42/.//1414
L.
William Hammer, P/e• dent
ACKNOWLEDGMENT
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 Vendor's Affidavit on behalf of such entity.
WITNESS my hand and Notarial Seal this 31st day of July, 2013.
By:
Notary Public (/
Printed Name:
CARIA J.ARNOLD
e Notary Public,Stero of Indiana
I am a resident of County, Indiana. _ 9 MarlonCOunty
..y, I My ODmmiStIon Expires
My commission expires May 14,2015
•
This instrument was prepared by Ryan R.W ilmering,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.
Ryan R. Wilmering
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Affidavily I.wpd
Exhibit A
Part of Lot Number 15 in Warren and Phelps Addition to Bethlehem, now Carmel, Hamilton County, Indiana, as
per plat thereof, recorded in Deed Record H, page 258 in the Office of the Recorder of Hamilton County, Indiana,
described as follows, to-wit:
Begin 2 1/2 feet East of the Northwest corner of said Lot and run thence South 132 feet; thence East 28 feet;
thence North 132 feet; thence West 28 feet to the place of beginning
Legal Description 13-0434/22
NON-FOREIGN AFFIDAVIT
STATE OF INDIANA
MQ��°N ss
COUNTY OF
William Hammer (the "Affiant"), in his capacity as the President of The City of Carmel
Redevelopment Commission (the "Transferor"), states that Transferor is transferring to Robert Mercill (the
"Transferee"), the United States real property interest more particularly described on Exhibit A, attached
hereto and incorporated herein by reference (the "Real Estate").
Section 1445 of the Internal Revenue Code of 1986,as amended(the"Code"), provides that
a transferee (buyer) of a United States real property interest must withhold tax if the transferor (seller) is a
"foreign person" (as that term is defined in Section 1445(f)(3)of the Code). For United States tax purposes
(including Section 1445 of the Code), the owner of a disregarded entity that has legal title to a United States
real property interest(and not the disregarded entity itself)will be deemed to be the transferor of such United
States real property interest. To inform Transferee that Transferee is not required to withhold tax upon
disposition by Transferor of the Real Estate, Affiant hereby certifies the following on behalf of Transferor:
1. Transferor is not a "foreign corporation", "foreign partnership", "foreign trust", or
"foreign estate" (as those terms are defined in the Code and the Income Tax Regulations
promulgated thereunder).
2. Transferor is not a "disregarded entity", as defined in 26 CFR Section 1.1445-
2(b)(2)0ii).
3. Transferor's United States employer identification number is 35-6000972.
4. Transferor's principal address is 30 W. Main Street, Suite 220, Carmel, Indiana
46032.
Transferor understands that: (a) Transferee may disclose this Affidavit to the Internal
Revenue Service; and (b) any false statement contained in this Affidavit may be punished by fine,
imprisonment, or both.
Under penalties of perjury, Affiant certifies that: (a) Affiant has examined this Affidavit on
behalf of Transferor; and (b) to the best of the knowledge and belief of Affiant, this Affidavit is true, correct,
and complete. Affiant further certifies that Affiant has authority to sign this Affidavit on behalf of Transferor.
THE CITY OF CARMEL REDEVELOPMENT
COMMISSION
By: LF011 •
William Hammer, Pres .ent
ACKNOWLEDGMENT
STATE OF INDIANA
• ) SS:
COUNTY OF _ / , i _ )
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 Non-Foreign Affidavit on behalf of such entity.
WITNESS my hand and Notarial Seal this 31st day of July, 2013.
BY: __ l�
Printed Name:
CARLA J.ARNOLD
a Notary P blic,State of Indiana
Marron County
of My Commission Expires
I am a resident of County, Indiana. Mey 14,2015
My commission expires
(This document must be retained until the end of the fifth taxable year following the taxable year in which the
transfer takes place.)
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Exhibit A
Part of Lot Number 15 in Warren and Phelps Addition to Bethlehem, now Carmel, Hamilton County, Indiana, as
per plat thereof, recorded in Deed Record H, page 258 in the Office of the Recorder of Hamilton County, Indiana,
described as follows, to-wit:
Begin 2 1/2 feet East of the Northwest corner of said Lot and run thence South 132 feet; thence East 28 feet;
thence North 132 feet; thence West 28 feet to the place of beginning
Legal Description 13-0434/22