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Lenape Park South Monon Trail Head97/27/2000 18:02 3178169002 -Gibraltar Partnership Limited Warranty peed Neighborhood Park 9e Street & Westfield Bh'd GPI LEGAL PAGE 02 PAIRTNERSHIP LIMITED WARRANTY DEED THIS INDENTURE WITNESSETH, that GPI at Carmel, L.P. ("Grantor"), an Indiana limited partnership, CONVEY(S) AND WARRANT(S) to The Carmel -Clay Park and Recreation Board ("Grantee"), of Hamilton County, in the State of Indiana, for the sum of Ten and No/100-Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the real estate in Hamilton County, in the State of Indiana, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Real Estate"). SUBJECT to (i) all easements, highways, rights-of-way, covenants, conditions, restrictions and other matters of record; (ii) all current, non -delinquent real estate taxes and assessments; and (iii) all matters that would be disclosed by an accurate survey or physical inspection of said real estate. TO HAVE AND TO HOLD the Real Estate to Grantee and Grantee's successors and assigns forever for public purposes and conveys to Grantee all easements benefiting the Real Estate. Grantor covenants and warrants that said Real estate is free of any encumbrance made or suffered by said Grantor and that Grantor and Grantor's successors shall warrant and defend the same to said Grantee and said Grantee's successors and assigns forever, against the lawful claims and demands of all persons claiming by, through, or under the said Grantor, but against none other. Grantor certifies that no Indiana Gross Income Tax is due and payable as a result of the transfer affected hereby. Grantee is tax exempt for State and Federal tax purposes. Grantor is a limited partnership duly organized under the laws of the State of Indiana, and the person(s) executing this Deed on behalf of Grantor are all of the general partners of Grantor OR are fully empowered by proper action of the partnership to execute and deliver this Deed. Grantor has full capacity to convey the Real Estate and all necessary partnership action for the making of such conveyance has been taken and done, IN WITNESS WHEREOF, Grantor has executed this Partnership Limited Warranty Deed this 214r. day of Sv I , 2000. GPI at Carmel, L.P. by its General Partner Gibraltar Propertie Inc. By: 7rrenere Title: Segetk7 07;27/2000 16:02 3178169002 Gibraltar Partnership Limited Warranty Deed Neighborhood Park 96' Street & Westfield Blvd GPI LEGAL STATE OF INDIANA ) ) SS: COUNTY OF fdArtIL%,J ) Before me, a Notary Public in and for said County and State, personally appeared 4ahr--.�.-.tjA i e& , theof Gibraltar Properties, Inc., an Indiana corporation and the sole general panne GPI at Carmel L.P., an Indiana limited partnership, who acknowledged execution of the foregoing Deed acting for and on behalf of said corporation and Grantor, and who, having been duly swom, stated tb.at the representations therein contained are true. Witness my hand and Notarial Seal this 1:14 day of . &a , ago My Commission Expires: Signature kgs-te,c1± II.Aa. Z" I c.as .ua, a`s, aml Printed -Je,eon-Fq NCI .4 l7 YJ2sa vv Notary Public Residing in iYta ttirw. County, State of Indiana Return Deed to Cannel -Clay Park and Recreation Board, 1055 3b Avenue, S.W., Carmel, Indiana, 46032, Attention: Park. Department Director. Send Tax Bills to: N/A—Grantee is tax-exempt. This instrument prepared by: Debra M. Grisham, Attorney at Law, 11711 N. Meridian Street, Suite 200, Carmel, Indiana 46032 (317) 843-5511. PAGE 03 07/27/2000 16:02 3178169002 GPI LEGAL -Gibraltar Pannership Limited Warranty Deed Neighborhood Park 96th Street & Westfield Blvd EXHIBIT "A" THE REAL ESTATE A pert of the Southeast Quarter of Section 12. Township 17 North, Range 3 East, Hamilton County. Indiana, being more particularly described as follows: Beginning at the southeast corner of the Southeast Ouarter of Section 12, Township 17 North, Range 3 East, Hamilton County. Indiana; thence North 00 degrees 76 minutes 27 seconds West (assumed bearing) on the eost line of said Southeast Quarter .395.46 feet; thence North 89 degrees 26 minutes 53 seconds West parallel with the south. fine of said Southeast Quarter 507.14 feet; thence South 00 degrees 16 minutes 27 seconds East parallel with said east line 395.46 feet to the south line of said Southeast Quarter; thence South 89 degrees 26 minutes 53 seconds East on said south line 507.14 feet to the Point of Beginning. containing 4.604 acres, more or less. EXCEPTING THEREFROM the real estate described as Parcel 67A for Project 1-465-4(128)127 in Book 167, Pages 906-910 in the Office of the Recorder of Hamilton County. Indiana, and being more particularly described as follows: A port of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the West boundary of State Road 431. North 00 degrees 19 minutes 25 seconds West (Ncrth. 00 degrees 16 minutes 27 seconds West measured, assumed bearing) 365.30 feet (along the East line of said Quarter Section) and South 89 degrees 40 minutes 35 seconds West 35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50 feet, measured) from the Southeast corner of said Half—Quarter Section; thence South 00 degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24 minutes 05 seconds West 297.32 feet, measured) along the West boundary of State Rood 431; thence South 42 degrees 06 minutes 58 seconds West 43.93 feet (South 30 degrees 54 minutes 07 seconds West 43.65 feet, measured) along the West boundary of State Rood 431; thence North 04 degrees 49 minutes 07 seconds Eost 330.75 feet (North 04 degrees 11 minutes 10 seconds East 335.67 feet, measured) to the point of beginr,;ng and containing 0.101 acres (0.076 acre. measured), more or less. The above described Neighborhood Park Area contains 4.528 acres, more or less, offer said Exception. PAGE 04 ,07127/2000 16:02 3178169002 Gibraltar Pannership Limited Warranty Deed South Trailhead 96th Street & Monon Corridor GFI LEGAL PARTNERSHIP LIMITED WARRANTY DEED THIS INDENTURE WITNESSETH, that GPI at Carmel, L.P. ("Grantor"), an Indiana limited partnership, CONVEY(S) AND WARRANT(S) to The Carmel -Clay Park and Recreation Board ("Grantee"), of Hamilton County, in the State of Indiana, for the sum of Ten and No/100-Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the real estate in Hamilton County, in the State of Indiana, more particularly described as follows (the "Real Estate" ); PAGE 08 A part of the South Half of the Southeast Quarter of Section 12, township 17 North, Range 3 East. Hamilton County, Indiana, being more particularly described as follows; Commencing at the southwest comer of the Southeast Quarter of Section 12. township 17 North, Range 3 East, Hamilton County. Indiana: thence South 89 degrees 26 minutes 53 seconds East (assumed bearing) on the south line of said Southeast Quarter a distance of 33.00 feet to a point on the easterly right—of—way line of the Monon Railroad, said point also being the Point of Beginning of the herein described real estate; thence continuing South 89 degrees 26 minutes 53 seconds East on said south line a distance of 870.94 feet to a point on the prolongation of the southwesterly line of Parcel 67 Limited Access Right—of—Way for Project 1-465-4(128)127 as described in Book 157, Page 908-910 in the Office of the Recorder of Hamilton County, Indiana; thence the following two colts along the perimeter of said Parcel: 1.) North 72 degrees 16 minutes 03 seconds West 752.27 feet; 2.) North 69 degrees 25 minutes 35 seconds West 166.25 feet to a point on said easterly right—of—way line; thence South 00 degrees 15 minutes 55 seconds East on said right—of—way line and parallel with the west line of said Southeast Quarter 279.16 feet to the Point of Beginning, containing 2.719 acres, more or less. SUBJECT to (i) all easements, highways, rights-of-way, covenants, conditions, restrictions and other matters of record; (ii) all current, non -delinquent real estate taxes and assessments; and (iii) all matter that would be disclosed by an accurate survey or physical inspection of said real estate. TO HAVE AND TO HOLD the Real Estate to Grantee and Grantee's successors and assigns forever for public purposes and conveys to Grantee all easements benefiting the Real Estate. Grantor covenants and warrants that said Real estate is free of any encumbrance made or suffered by said Grantor and that Grantor and Grantor's successors shall warrant and defend the same to said Grantee and said Grantee's successors and assigns forever, against the lawful claims and demands of all persons claiming by, through, or under the said Grantor, but against none other. 07/27/2000 16:02 3178169002 Gibraltar Partnership Limited Warranty teed South Trailhead 96th Street & Monon Corridor .k. GPI LEGAL PAGE 0S Grantor certifies that no Indiana Gross Income Tax is due and payable as a result of the transfer affected hereby. Grantee is tax exempt for State and Federal tax purposes. Grantor is a limited partnership duly organized under the laws of the State of Indiana, and the person(s) executing this Deed on behalf of Grantor are all of the general partners of Grantor OR are fully empowered by proper action of the partnership to execute and deliver this Deed. Grantor has full capacity to convey the Real Estate and all necessary partnership action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has executed this Partnership Limited Warranty Deed this ?bh, day of 7„Iy , 2000. GPI at Carmel, L.P. by its General Partner Gibraltar Properties. nc. 7 co By; Title: secrSary 07/27/2000 16:02 3178169002 GPI LEGAL Gibraltar Partnership Limited Warranty Deed South Traithead 96th Strcct & Monon. Corridor STATE OF INDIANA ) S5: COUNTY OF I4AMIL16rl ) PAGE 10 Before me, a Notary Public in and for said County and State, personally appeared )-Iw,A t. T taD , the ,S1 of Gibraltar Properties, Inc., an Indiana corporation and the sole general partne of GPI at Carmel L.P., an Indiana limited partnership, who acknowledged execution of the foregoing Deed acting for and on behalf of said corporation and Grantor, and who, having been duly sworn, stated that the representations therein contained are true. Witness my hand and Notarial Seal this ago, day of �Q�, a000 . My Commission Expires: Signature a-teicA,g-, `12a40Z/iQ,r.an a$, acol Printed Tootenni" A.6a/es0 Notary Public Residing in 51&ax,_ m.. County, State of Indiana Return Deed to Carmel -Clay Park and Recreation Board, 1055 3rd Avenue, S.W., Carmel, Indiana, 46032, Attention: Park Department Director. Send Tax Bilis to: N/A—Grantee is tax-exempt. This instrument prepared by: Debra M. Grisham, Attorney at Law, 11711 N. Meridian Street, Suite 200, Carmel, Indiana 46032 (317) 843-5511.