126th Street - White, Steve and SharonDULY ENTERED FOR TAXATION
So final ac, t e for tratyyf
day of19.:—."
Auditor
Hamilton County
Parcel # i&-10 31'o,-is-i?la!bila
WARRANTY DEED
APPROVED, AS TO
FORM BY. a
199909967399
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 11-18-1999 At 01:38 PM.
WARR DEED 27.00
THIS INDENTURE WITNESSETH, that Stephen L. White and Sharon LWj iikeDt�iEsbSrid-Tndi b6""
(collectively the "Grantor") does hereby convey and warrant to the City of Carmel, Indiana ("Grantee"), for and in
consideration of Twenty -Five Thousand Six Hundred Forty Dollars ($25,640.00), the receipt whereof is hereby
acknowledged, the following described real estate in Hamilton County in the State of Indiana:
SEE EXHIBITS"A" AND "B" ATTACHED HERETO
Land and improvements 522,160.00, Temporary RAV $1.270.00, Cost -To -Cure $2,210.00 ,
Total Consideration $25,640.00.
The property described on Exhibits "A and "B" is hereinafter referred to as the "Real Estate."
Grantor shall clear and convey free of all leases, licenses, or other interests both legal and equitable, and all
encumbrances of any kind or character, in and under said land as conveyed, except for a certain Mortgage for
$1,180,000 from Grantor to NBD Bank, N.A. (now Union Planters Bank), recorded November 2, 1998 as
Instrument No. 98-63493.
Upon written request of Grantee, Grantor agrees to use all reasonable efforts to obtain a release of any mortgage lien
which encumbers the Real Estate.
Grantor and Grantee hereby acknowledge the commitment by Grantee to Grantor to construct a drive for vehicle
access to the Real Estate, as detailed in that certain letter, dated June 23, 1999 from Craig Parks, Assistant City
Engineer for the City of Cannel, to the Grantor. Said letter is attached hereto and incorporated herein by reference
as Exhibit "C".
Additionally, Grantor and Grantee hereby acknowledge the commitment by Grantee to Grantor to permit the
relocation of the Grantee's existing sign to a mutually agreeable location directly behind the proposed sidewalk
within the public right-of-way of Rangeline Road as identified on attached Exhibit "D" and further acknowledge
that the Grantee will be responsible for the cost of replacement, relocation or damage to this sign due to any future
road project undertaken by Grantee, as detailed in That certain letter, dated July 28, 1999 from M. Kate Boyle-
Wcese, City Engineer for the City of Carmel, to the Grantor. Said letter is attached hereto and incorporated herein
by reference as Exhibit "E".
It is understood between the parties hereto and their successors in title, and made a covenant herein which shall run
with the land, that the land hereinbefore described as Parcel 14 on Exhibit "A" is conveyed in fee simple and not
merely for right of way purposes, and that no reversionary rights whatsoever arc intended to retrain in Grantor.
IN WITNESS WHEREOF, Grantor has executed this Warranty Decd as of the I k day of IM/0l/441999.
GRANTOR:
L.
Stephen t . White
halm,
Sharon L. White
STATE OF INDIANA
SS
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Stephen L. While and
Sharon L. White, husband and wife. the Grantor in the above conveyance, Who acknowledged the execution of the
foregoing Warranty Deed for the uses and purposes herein mentioned.
Witness my hand and Notarial Seal this 16- day ofA14b , 1999.
Signature: 144A14.:U tt. 4/11,il7-..
Printed
Aiffoi
id/rend AlI DSC D R o u )R,? e -.
Notary Public,'.); L;
My Commission Expires::�y/ ...
rt
Residing in�l''�'1 T/'�t County. State of Indiana
This instrument preparecl by Thomas E. Adariani, Attorney at Lam, Bingham Summers Welsh & Spihii2iii,..
2700,11arket Tower, 10 [Vest ,Market Street, Indianapolis. Indiana 46204.
434585
Return Deed to: The City of Carmel, Legal Department, One Civic Square, Carmel, Indiana 46032.
Approved and Adopted this 1 day of SQ104em b-ef . 1999.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
es Brainard, Presiding Officer
ate: el ^ / — 9 9
Mary Ann�Bu
Date:
Member
'x-57
4 deft
Billy Wal
Date:
er, Member
_OA
ATTEST: :LJ �_.,�? ,1"•.
Diana Coria
Date: • .
9:1 Ad4t d(/aidi{at,
le A", reasurer
.r +.
lit
EXHIBIT "A"
Project 126'" Street Improvements
City of Carmel
Hamilton County, Indiana
Parcel 14 Fee Simple
Page 1 of 2
A part of Lot 6 in Newark Village, an addition in Hamilton County, Indiana, the plat
of which addition is recorded in Deed Record 129, page 549, in the Office of the Recorded of
Hamilton County, Indiana; and a part of the South Half of Lot 4 and a part of Lots 5 and 7 in
Newark, an addition in Hamilton County, Indiana, the plat of which addition is recorded in
Deed Record 119, pages 7-9, in the Office of the Recorder of Hamilton County, Indiana, and
being that part of the grantor's land lying within the right of way lines depicted on the
attached Right of Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at
the northwest corner of the South Half of said Lot 4, designated as point "9035" on said plat;
thence South 89 degrees 49 minutes 46 seconds East 9.44 feet along the north line of said
south half of Lot 4 to point "9031" on said plat; thence South 2 degrees 08 minutes 30
seconds East 15.85 feet to point "9036" on said plat; thence South 2 degrees 13 minutes 17
seconds West 70.06 feet to point "9037" on said plat; thence South 0 degrees 13 minutes 57
seconds East 194.09 feet to the south line of said Lot 7 and designated as point "9042" on
said plat; thence South 89 degrees 42 minutes 44 seconds West 6.97 feet along said south
line to the southwest corner of said Lot 7 and designated as point "9043" on said plat; thence
North 0 degrees 13 minutes 54 seconds West 280.00 feet along the west line of said Lots 7,
6, 5 and 4 to the point of beginning and containing 2,099 square feet, more or less.
• <P��tsrFgF F�
LS 29800021
STATE OF
SUR;.`
Given under my hand and seal April 17, 1999
WOOLPERT LLP
This document was prepared for the City of
Carmel, Indiana by David E. Lauer, Indiana
Registered Land Surveyor, License Number LS
29800021, State of Indiana
This description was written front information obtained front the Recorder's Office and other
sources, which were not necessarily checked by a field survey.
G:\S V\PROJECTS1550901Desc\14.doc
EXHIBIT "A"
Project 126'" Street Improvements
City of Carmel
Hamilton County, Indiana
Parcel 14A Temporary Right of Way
Page 2 of 2
A part of Lot 6 in Newark Village, an addition in Hamilton County, Indiana, the plat
of which addition is recorded in Deed Record 129, page 549, in the Office of the Recorded of
Hamilton County, Indiana; and a part of the Lot 5 in Newark, an addition in Hamilton
County, Indiana, the plat of which addition is recorded in Deed Record 119, pages 7-9, in the
Office of the Recorder of Hamilton County, Indiana, and being that part of the grantor's land
lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked
Exhibit "B", described as follows: Beginning at the northwest corner of the South Half of
Lot 4 in said Newark, designated as point "9035" on said plat; thence South 89 degrees 49
minutes 46 seconds East 9.44 feet along the north line of said south half of Lot 4 to point
"9031" on said plat; thence South 2 degrees 08 minutes 30 seconds East 15.85 feet to point
"9036" on said plat; thence South 2 degrees 13 minutes 17 seconds West 70.06 feet to point
"9037" on said plat; thence South 0 degrees 13 minutes 57 seconds East 25.00 feet to point "9038" on
said plat and the point of beginning of this description: thence North 89 degrees 46 minutes 03
seconds East 10.00 feet to point "9039" on said plat; thence South 0 degrees 13 minutes 57 seconds
East 60.00 feet to point "9040" on said plat; thence South 89 degrccs 46 minutes 03 seconds West
10.00 feet to point "9041" on said plat; thence North 0 degrees 13 minutes 57 seconds West 60.00
feet to the point of beginning and containing 600 square feet, more or less.
lt* G Ste9 Fpj
LS 29800021 1
STATE OF •
Given under my hand and seal April 17, 1999
WOOLPERT LLP
This document was prepared for the City of
Carmel, Indiana by David E. Lauer, Indiana
Registered Land Surveyor, License Number LS
29800021, State of Indiana
This description was written from information obtained from the Recorder's Office and other
sources, which were not necessarily checked by a field survey.
G:\SV\PROJECTS\55090\Desc\ 1 4a.doc
s
NW COR NW 1/4
SEC 31, T78'4 R4E
NE COP NE 1/4
SEC 36, T18N, R3E
EXHIBIT 'B'
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR CM OF CARMEL
CEO
12
Yec
N
07 co
W
2
J
126th STREET (MORAY& DR.)
442 443 4,4
�L NE K
ke'.a
LOT NO 1
TEMP R/WI LOT NO 2
LOT N0 J
NEWARK
01? 119, POS 7-9
K
LOT NO. 64
LOT N0 4
904
t0
e
INSTRUMENT NO. 9304668
LOT NO 5
0
TEMP R/W NEWARK NLLAGE
DR 129, PCS 549
y J LOT NO 6
NEWARK
OR 119. POS 7-9
LOT NO 7
•044
NINONA DRIVE
SCALE l'=100'
0
100
200
PARCEL 14 FEE
POINT
BEARING
DISTANCE
To PONT
9035
5 69'49146'` E
9.44'
9031
9031
5 P210B'0E
1565'
9036
9036
5 0273'17" W
70.06'
9037
9037
5 0013'57'E
194.09'
9042
9042
5 89142'44- W
6.97'
904J
9043
N 0073'54' W
280.00'
9035
AREA - 2,099 S.F.
.048 ACRLS
PARCEL 14A TEMPORARY RICHT OF WAY
PONT
BEARING
DISTANCE
ro PONT
9035
5 89'49'46' E
9.44'
9037
9031
5 02108'30" E
15.85'
9036
9036
S 027377 W
70.06
9037
9037
5 001357' E
25.00'
9038
9038
N 69'45'03' E
10.00'
9039
9039
5 001.3157'E
60.00'
9040
9040
5 59146'03' W
10.00'
904/
9041
N 0013'57' W
60.00'
9038
AREA - 600 SF. 0.014 ACRES
POINT REFERENCE CHART
PONT
NORTH
£AST
STA710N
OFFSET
0
222
9002
N 1720517.15
N 172071573
E 199069.99
E 199106.63
72+9511
70+95,91
0.02 R
45.04 R
52K
522<
9023
N 172053526
E 199060.96
73419.22
001 L
522<
9024
N 2720315.26
E 199061.83
70+96.22
0.04 R
527<
9031
N 7720035.10
E 199177.40
68+1584
54.47 R
52K
9035
N 7720935.73
E 19910196
68+1591
.45.04 R
52K
9036
N 7720019.27
E 799117.99
68+00.00
55.00 R
52K
9037
N 171994926
E 199115.27
67+3000
52.00 R
52K
9038
N 1719924.26
6"199115.37
67+05.00
52.00 R
527<
9039
N 1719924.30
E 19912537
67+05.00
62.00 R
S21(
9040
N 1719864.30
E 199125.62
66+45.00
6200 R
52K
9041
N 7719864.26
£ 799115.62
66+45.00
5200 R
52K
9042
N 1719755.17
E 799126.06
65+,35.92
52.00 R
S2K
9047
N 772975513
E 199109.09
65+35.91
.45.03 R
S2K
Station & offscts ore to control over North & East Coordinates &
over Bearings & Distances.
Any street or lot dimension can be found on the referenced recorded plot.
Center Line Stationing to Line "K. 5-1-K, 5-2-K' is shown in English Units.
This plot was prepared from information obtoined from the Recorder's
Office and other sources which were not necessarily checked by o
field survey.
Subject to any and all easements. conditions and restrictions of record.
SURVEYOR STATEMENT
To the best of my knowledge end belief, Lhis plat. together with the 'Location
Control Route Survey Plat' recorded on February 3, 1999 as Instrument
19909907329 in the Office of the Recorder of Hamilton County, Indiana
(incorporated and made a part hereof by reference) comprise a Route Survey
executed in accordance with Indiana Administrative Code 865 IAC 1-12, ("Rule
12').
Certified this , day of March, 1999.
MOOlPERT LLP
David E. Lauer
Registered Land Surveyor no. LS29800021
State of Indiana
p C S TEgF F,p ;,
LS 29800021
STATE OF
,, SU iC) ,,,
HATCHED AREA 15 THE APPROXIMATE TAKING
WOOLPERT LLP
7140 WALDCUM1 IN8`h
U{ANAPOJS, N 46268
p6. 377.299.7500
OWNER FREIBURGER L.P.
PARCEL 14
PROJECT 126171 STREET
IMPROVEMENTS
SECTION 31
TOWNSHIP 18 N.
RANGE 4 E.
COUNTY HAMILTON
DRAWN BY: T.E. EHR 2-17-98
CHECKED BY: Itw. WIPE 2-17-98
or CA4'3E,
June 23, 1999
City of Carmel
Mr. and Mrs. Stephen \bite
1061 West 136th Street
Carmel, IN 46032
DEPARTMENT OF ENGINEERING
RE: Ace Hardware Drive Entrance
Dear Mr. and Mrs. White:
I ani writing to memorialize conversations \ve have had regarding the modifications that are going to be
made to the City of Cannel's City Center Drive construction project. We understand your concerns
regarding access into your property' from Southbound Rangeline Road, and feel these modifications will
meet your needs.
In attempt to satisfy the needs of both the City of Carmel and Ace Hardware, our consultants have prepared
the attached alternate entrance plan for the Ace Hardware store located on the Northeast corner of
Rangeline Road and Winona Drive. This plan will allow southbound traffic to tum left into your property
from Rangeline Road, but will restrict vehicles from turning left onto Rangeline Road when exiting your
property. We believe this configuration meets the needs of Ace Hardware without creating a safety h.azard
to motorists approaching the intersection at City Center Drive. In order to construct the drive as illustrated,
the City also needs to obtain the enclosed Right of Entry for the temporary use of the additional area of
ground required to construct this modified drive. When we receive the signed Right of Entry, we will
immediately notify our consultants to include these revisions in the final construction plans.
Our department appreciates your cooperation in this matter, and look forn-ard to working with you
throughout the construction of this project. If you have any additional questions or concerns, please feel
free to contact ane at 571-2441.
Assistant City Engineer
Enclosures
Cc: Mayor lames Brainard
M. Kate Boyle-Weese, City Engineer
Douglas Haney, City Attorney
Mary Solada, Attorney
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
txi-H tT p
-RUSTEE OF THE DECLARATION OF TRUST
OF JAMES E. & BETTY J. HUFFER
I " o,u,i
1 II -t-
2, 29' STR. No. 94 i 1 11
ist Costing to Grade ___..--.—_—_ i
h m
+50 +73 STR. No. 96 I'�
80 f Inlet J-10 & 'I
+50 38' of 12" Pipe Req'd.
721 ) Inv. S 834.14 72' R/W ., 7-�1-
.-30'R
HELEN MOFFITT MUELLER
+65,37' Rt.
Type "C" Light Fixture Req'd. 1 _
See Sheets 19 & E-1
I Tri, n --'?-E- ---
Remove CH '`IR 0.1CK
11
I 1 I
1 —;
c->
co
+00 STR. No. 97 NOT TO
Remove Existing Casting SeAt,E
Replace with Inlet Casting
that fits Structure
Inv. S 833.67
Inv. N 833.69
Inv. E 833.69
iiE) 11-
1
r
f\ --Cep Inlet 1
+00
72\
_ _ .:rovis lon of .1/4
7
RANCE LINE ROAD
°' LINE "S-2-
-47
S -2-y-47 -0 IO 57" W
I
0
Si, eWa EC. T
1T
n
+31, 34' S No. 95
I. +fL' Adjust Casli
I' 60'
i h
1
P1 \p
i
1J�
Cop Inlet's ir I 7`
1 MI 18Th r-
Nt 31� 1, &„
i ci 1 (J _'
---7_, l
O'R3 R 11� 10
52
g tp Grade
(Proposed)
Alop roKZenrk
Loco -lb v of S t
+45
62'
Temporary R/W
5
41
40 53.5'-1
ST o
+08 STR. No. 98 ''
Inlet J-10 &
R' of 17" Pine Read.
AcE HARDWARE
-6517
,-(F)
`-App [i.
+00
55'
64,19' STR. No. 314
Adjust Casting to Grade
a
z
0
w
•
o
Z ;
July. 28, 1999
ExHisir E
City of Carmel
DEPARTMENT OF ENGINEERING
Stephen L. and Sharon L. White
1061 \V. 136°i Street
Carmel, Indiana 46032
Dear Steve and Sharon:
RE: ACE Hardware dwcare Sign on Rangeline Road
Thank you for Ineeting with Joe Staehler and me last week to discuss the arrangements the City will make
regarding the existing sign in front of ACID Hardware on Rangclinc Road. The purpose of this letter is to
memorialize our conversation and provide von with written acknowledgement of the City of Carnie]'s
commitment to honor the terms and conditions of this arrangement.
Itis our understanding that you are agreeable to continue with the closing for the property the City is
acquiring as part of our City Center Drive project so long as the above mentioned sigh can be maintained
in approximately the same north -south location. As we discussed, the sign will have to be moved to the
east, away from the road, and will have approximately Pio (2) feed- of its structure encroaching on the
permanent right-of-way.] have discussed this with our City Attorney, Douglas Haney, and he agrees that
this should not be a problem, as long as you eine. into a "Consent 10 Encroach" agreement with the City
to memorialize both parties' understandings regarding this sign. The City is willing to agree that it will be
responsible for%the cost of replacement, relocation or damage to this sign caused by the City during any
future road project.
1 am hopeful that this letter will be satisfactory to you in ensuring that the City will not cause any negative
impact to your sign. Ne will do everything possible to allow for the continued success of your business
and are available for any questions or additions1 concerns you may want to discuss.
Sincerely,
M. Kate Boyle-Weese, P.E.
City Engineer
cc: Mayor James Brainard
Joc Slachlcr, Department of Administration
Douglas Haney, City Attorney
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
February 28, 2000
City of Carmel
Stephen and Sharon White
1061 West 136th St.
Carmel, IN 46032
Re: Warranty Deed
•
Dear Mr. and Mrs. White:
Enclosed is a copy of the Warranty Deed approved at the November 3, 2000 Board of Public
Works and Safety meeting. It. was returned by the Hamilton County Recorder on February 25,
2000.
The original will stay on file in this office. If you have any questions, please call our office at
571-2414 or call the Recorder's Office at 776-9618.
Sincerely,
0/
Robin L. Butler
Deputy Clerk
Enclosure
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
City of Carmel
November 12, 1999
The Honorable Mary Clark
Hamilton County Recorder
Hamilton County Judicial Center
One Hamilton Square
Noblesville, IN 46060
Re: Warranty Deed and Easement Agreement
Dear Ms. Clark:
I hereby certify the Carmel Board of Public Works & Safety approved the attached Warranty
Deed for Stephen and Sharon White at its September 1, 1999 meeting and the attached Easement
Agreement for Vera Irene Owen at its November 3, 1999 meeting.
I have enclosed a self addressed stamped envelope for you to send the recorded documents back
to my office. If you have any questions, please contact me at 571-2414.
Sincerely,
✓y(
=moi..)
Diana L. Cordray
Clerk -Treasurer
Enclosures: Check # 78842 ($29.00) and #78840 ($22.00) payable to the Hamilton County Recorder
Check #78838 ($2.00) payable to the Hamilton County Auditor
Warranty Deed
Self-addressed Stamped Envelope
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571-2400
CQA+4 512- 5.5 Z92_