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Equality Blvd-Falcon Nest LLCDULY ENTERED FOR TAXATION Subject to final acceptance of transfer 22nd day of January 2015 - CRH Than &c lU.fn Auditor of Hared en Carty Parcel # RNJ MRC JAMES BRAINARD, MAYOR BOARD OF PUBLIC WORKS AND SAFETY 2015002813 ROW $23.00 01/22/2015 12:23:18PM 7 P65 Jennifer Hayden Hamilton County Recorder IN Recorded as Presented IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMillIIIIIIIIIIIIIIIIIIIIIIIIIIDIIIII ACCEPTANCE OF DEDICATION 8[ DEED OF .PUBLIC RIGHTS -OF -WAY WHEREAS, the foregoing,Grantor having filed with the City df Carmel, Indiana ( "City "),:its Dedicatiomand Deed of certain real property,( "Property') to the City -fore the purpose of establishing City 'rights of- way ",:which Dedication :and Deed is attached hereto and incorporafed herein as Exhibits hereinaboyeset forth; AND WHEREAS; the City, by and through.its‘Board of Public Works and Safety hereby. accepts saidiDedication:and Deed, and orders that thief nistrdthent of Dedication and Deed described herein be recorded in the Recorders 'Office of the County of Ha'mllton, State of Indiana,. and that said described real property be and the same herby is, declared Open and dedicated to the.City. 50 ORDERED: CITY OF CARMEL B94RD OF PUBLIC WORKS AND;SAFET/ An5randra M Joh Deputy Clerk A/d James$raihard, Presiding baiter te: Ltc' M. ry Ann': urke, Member Date: . j Lori Watson, ember Date: a L. Cordray, IAMC, Date: f -2 LS In /M M Treasurer EXEMPT FROM SALES DISCLOSURES BEG Instrument prepared by: Douglas C. Haney, Carmel CIty.Attorney, One Civic Square, Carmel, Indiana 46031 DEPARTMENT OF ENGINEERING ONE Crvic SQUARE, CARMEL, IN 46032 OFFicE 317.571.2441 FAN 317.571.2439 EM'II. engineeringecrrmil.in.gor JAMES BRAINARD, MAYOR BOARD OF PUBLIC WORKS AND SAFETY ACCEPTANCE OF DEDICATION ez DEED OF PUBLIC RIGHTS -OF -WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana ( "City'), its Dedication and Deed of certain real property ( "Property ") to the City for the purpose of establishing city "rights -of- way ", which Dedication and Deed is attached hereto and incorporated herein as Exhibits A.& B hereinabove set forth; AND WHEREAS, the City, by and through its Board of Public Works and Safety, hereby accepts said•Dedicationand Deed, and orders that the Instrument of Dedication and Deed described herein be recorded in the.Recorder's Office of the County of Hamilton, State of Indiana, and that said described real property be, and the same herby is, declared open and dedicated to the City. SO ORDERED: CITY OF CARMEL By4RD OF PUBLIC WORKS AND SAFETY A/oT neSe0'f- James Brainard, Presiding Officer Date: Lori \A%atson, nber% Date: 1/a // I c AUSTandra M Joh Deputy Clerk F, a L. Cordray, IAMC, Date: Treasurer Instrument prepared by: Douglas C. Haney, Carmel City. Attorney, One Civic Square, Carmel, Indiana 46032 DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering @c nuel.in.gov DEDICATION & DEED OF PUBLIC RIGHTS -OF -WAY THIS INDENTURE WITNESSETH: That �A (Jointly and inc ividually the '`Grantor "), the fee simple owner(s) of the following described real property ( "Property ") described in attached Exhibits A & B. incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title, and interest in the Property, to the City of Carmel, Indiana ( "Grantee "), subject to all existing easements and rights-of-way of record, for the sum of One Dollar (51.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The person executing this Dedication & Deed of Public Rick-as-of-Way on behalf of a party hereto represents that he /she has the authority to bind that party to the terms and conditions set forth herein and that all necessary action therefore has been taken. This conveyance of real estate is not subject to Indiana gross income tax. IN WITNESS WHEREOF, Grantor has executed this Instrurnent on the 2 day of "GRANTOR" /'� CL /O 13v: (Authorized Signature) � r (Printed Name and Title) nn {AC/ . 2014 . tJOTAWL SEAL L Low ,`���nrntrn ` v, x, ANI...... Hl�j', . T w Xr 4_ FAIRFAx ¢ Y6QM .p� `. (vt6L'c t V 'r„trttt Co wcw 7rAp SjtATI g-76 VAR-I SHAtJ M L 3o� 2o'1f Dzz)L °4 \ DECEMBE ?, LO \ =/\ 'JI v- A 9-1:n c' STAT _ p INDIANA COUNTY OF Before me, the undersigned N$ ARY PUBLIC in and for said County and State, personal appeared the above and acknowledged executing the forego' Dedication and Deed of Public Right -of -Way. Witness my hand and Notarial Seal this of 2014. Notary Public Notary Public (printed) MYCOMMISSI• 'XPIRBS: $ NTY OF RESIDENCE: S\NCE �U\LY )200` -j IN \1t(C-GlNIA f3'/ Lb FILL NOTAV--,1 '. /NM tON S 4 1-A U S T 1E ?Ev- ok<f1LD ON SiG- NATUILE PAGE r TN\L NOTRCZ\ AT10N E\-cO•ED IN )1k-C,INia ?EASE SEE SI GIN) ATuV.-E ?A GE Fo17.- Nor"cck- e\- 1-1ohi I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Douglas C. Flancy Instrument prepared by: Douglas C. Haney. Carmel City Attorney, One Civic Square, Cannel, 1 ndiana 46032. EXHIBIT "A" RIGHT OF WAY DEDICATION RIGHT OF WAY DEDICATION A pan of the Northwest Quaver of Section 23. Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast confer of said Quarter Section; thence Nonh 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 715.41 feet to the prolonged westerly Right -of -Way line of Community Drive recorded as Inst. No.: 2008 -43636 in the Office of the Recorder of Hamilton County, Indiana: thence South 00 degrees 00 minutes 00 seconds West 92.83 feet along said prolonged Right -of -Way line to a point on the southerly Limited Access Right -of -Way line of 146th Street: thence along said westerly Right -of -Way line of Community Drive by the next seven (7) courses: 1) South 00 degrees 00 minutes 00 seconds West 223.06 feet to the point of tangency of a curve concave westerly. the radius point of said cun'e being North 90 degrees 00 minutes 00 seconds West 455.50 feet: 2) along said curve 34.64 feet to the point of tangency of said curve, said point beginning South 85 degrees 38 minutes 33 seconds East 455.50 feet; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of tangency of a curve concave easterly, the radius point of said cunt being South 85 degrees 38 minutes 33 seconds East 544.50 feet: 4) along said curve 41.41 feet to the point of tangency of said cunt, said point heginning North 90 degrees 00 minutes 00 seconds West 544.50 feet: 5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the point of tangency of a curve concave easterly, the radius point of said cunt being North 90 degrees 00 minutes 00 seconds East 544.50 feet; 6) along said curve 29.30 feel to the point of tangency of said curve. said point beginning South 86 degrees 55 minutes 00 seconds West 544.50 feet: 7) South 03 degrees 04 minutes 59 seconds East 135.88 feet to the POINT OF I3EGINNING of this description; thence continuing South 03 degrees 04 'ninnies 59 seconds East 60.00 feet along said westerly Right -of -Way line to the Northeast comer of Play School property recorded as Inst. No.: 2014 -22494 in the Office of the Recorder of Hamilton County, Indiana: thence South 86 degrees 54 minutes 50 seconds West 148.20 feet along the North line of said Play School: thence Nonh 90 degrees 00 minutes 00 seconds West 214.95 feet along said North line to the Northwest comer of said Play School; thence North 00 degrees 00 minutes 00 seconds East 60.00 feet; thence Nonh 90 degrees 00 minutes 00 seconds East 213.33 feet parallel to said North line: thence North 86 degrees 54 minutes 50 seconds East 146.58 feet parallel to said North line to said westerly Right-of-Way line also being the place of beginning, containing 0.498 acres, more or less. Dennis D. Olmstead Registered Land Surveyor No. 900012 =a, No. `:90 900012 , STATE OF / s,9 `.. /4101011‘ //q— ° c STOEPPELWERTH ` ALWAYS ON 7965 EOnIWIM1 SnceI, Fishers, IN /60767505 phone: 317 13415935 1m: 3178495942 JOB NO. 55115PLA —PLAY DRAWN BY: PEL CHECKED BY: BAH DATE DRAWN:10 /14/2014 FIELDWORK DATE: PAGE OF 2 SHEETS NW. COR. NW. 1/4 SEC. 21 TI3M, R4E, Colo Corner N9 N. LINE, NW. 1/4, SEC. 23, T18N. R4E 5139'03'27'W 2682.80' 146TH STREET (VARIABLE R/W) N8903 27 715. 8 EXHIBIT "B" RICHT OF WAY DEDICATION WEST R/W LINE COMMUNITY DRIVE (VAR. PUBLIC RIGHT OF WAY) INSTR. No. 2008 -43636 5.394 Ac.} 9e5 o, b'p56 c‘5‘ . N86'54'50 -E N00'00'00'E 146.58' 60.00' N90'00'00'E 213.33' //77777//1 Ac. 0.498 0.00.00.w 214.95' S8654'S0'W 148,20' 5th n fr 1..0A , 9 A \ LA COMMUNITY DRIVE (VAR. PUBLIC RIGHT OF WAY) INSTR. No. 2006 -43636 5.394 AC.± EAST R/W L COMMUNITY (VAR. PUBLIC RIGH INSTR. No. 200: P.O.B. S03t 60.00 NE OF WAY) 43636 NOW OR FORMERLY LEGACY TOWN & FLATS, LLC INSTR. No. 2006 -55147 13.040 Ac.± 'S9'E GRAPHIC SCALE 150' 0 75' 150' ( IN FEET ) 1 "— ISO FT Dennis D. Olmstead Registered Land Surveyor No. 900012 NE. COR. NW 1/4 _-- SEC. 23. T13161, R4E. FOUND HARRISON MONUMENT PER H.C.S.R. TIES 184 • ; No. ,0: 900012 STATE OF c • C /A/DIANP • C4—: „40 SUR`1�{ etk STOEPPELWERTH ALWAYS ON 7965 581106th Street Fullers, IN 468382585 phone, 317 8993935 lox. 3178495942 JOB NO. 55115PLA —PLAY DRAWN BY: PEL CHECKED BY: BAH DATE DRAWN:10 /14/14 FIELDWORK DATE: PAGE OF 2 SHEETS Platinum `' Properties December 29, 2014 David Barnes Department of Engineering One Civic Square Carmel, Indiana 46032 RE: The Playschool at Legacy Equality Boulevard Public right -of -Way Dedication - REVISED Dear Dave: On behalf of the owner of the property, Falcon Nest II, LLC, please accept this as our formal request to dedicate a portion of land to the City as Public Right -of -Way for Equality Boulevard per the construction plans for the above referenced project. As a follow up to my original letter dated 11/18/2014 and per your request, I have attached with this request the revised Dedication & Deed of Public Rights -of -Way as required. Please place this item on the agenda for the next available Board of Public Works and Safety meeting for final execution and subsequent recordation of the dedication. Please let me know if you have any questions or will require further information. Timothy J. Walter, P.E. Senior Project Manager Enclosures (1) Cc: File 317 818-2900 0 317 863-2055 fax 9757 Westpoint Drive, Suite 600 • Indianapolis, IN 46256 ant January 9, 2015 JAvIFS I3RAINARD, MAYOR • Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: EQUALITY BOULEVARD DEDICATION OF PUBLIC RIGHT -OF -WAY Dear Board Members: Mr. Rajai Zumot, Executive Officer Falcon Nest II, LLC, has requested the Board sign the Dedication of Public Right of Way documents as presented for approval. Falcon Nest II, LLC has agreed to dedicate to the City right of way in association with the proposed Play School located on Community Drive in Part of N.W. Corner of the N.W. '''/ of Section 23, Township 18 North, Range 4 East. The dedicated right of way would consist of approximately 0.498 acres to accommodate Equality Boulevard (Exhibits attached) On behalf of the City of Carmel, I would like to thank Mr. Zumot and Falcon Nest 11, LLC for this Dedication of Right Of Way. I recommend the Board accept and sign this document. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENTS S: \BPW15 MISC \EQUALITYBOU LEVARDROW DEDICATION. DOC Drhvrnirrcr or ENCIN ERINC ONI CIVIC SQL; CAR.MEL, IN 46032 OrricE 317.5712441 PAN 317571.2439 1. ?IAII. enpincering c,rmel]n_guv