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116th - Wiston XIX0 1st {.c.`b->> ?'3.1 Instrument LIMITED WARRANTY DEED 200200053383 THIS INDENTURE WITNESSETH, That WISTON XIX LIMITED PARTNERSHIP ("Grantor"), a Kansas limited partnership, grants, conveys, bargains and sells to The City of Carmel ("Grantee"), for the sum of Seven Thousand Five Hundred and No/I00 Dollars ($7,500.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, state of Indiana: See Exhibits A and B attached hereto and incorporated herein by this reference. Land and Improvements: $6,700.00 Damages: $800.00 Total Consideration: $7,500.00 Subject to any and all easements, agreements, restrictions and other matters of record; subject to the lien for real property taxes not delinquent; and subject to rights of way for roads and such matters as would be disclosed by an accurate survey and inspection of the real estate. Grantor. as its sole warranty herein warrants to Grantee and its successors and assigns, that Grantor will forever defend title to the Real Estate (subject, however, to the foregoing exceptions) against the claims of all persons claiming by. through, or under Grantor, but against none other, which claims are based upon natters occurring subsequent to Grantor's acquisition of the Real Estate. Grantor, without warranting the existence of any such rights, also quitclaims to Grantee any right Grantor may possess with respect to any representation, warranty, including warranties of title. covenant or other obligation running to Grantor and touching and concerning the Real Estate. The undersigned person executing this deed on behalf of Grantor represents and certifies that he has been duly authorized and fully empowered, by proper action of the governing body of Grantor, to execute this deed. 0 IN WITNESS WHEREOF, Grantor has caused this deed to be executed this / / qday of 0 at- , 2001. GRANTOR: WISTON XIX LIMITED PARTNERSI-IIP, a Kansas limited partnership By: Printed: 40!),TL The Anew Title: iewitt,sel gda. DULY ENTERED FOR TAXATION -T j Subject to final acceptance for ransfer qday of `71.9 ,20 o t— ,Qo.lir-.t. %71.Ptdid) Auditor of Hamilton County Parcel# g-/0 200200053383 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 07-29-2002 02:14 pm. W DEED NC .00 Chasity Donaldson Notary Public State of Indiana County of Residence, Hamilton ) Commission #495877 M) S&hmission Expires 3/5/2009 Before me the -undersigned, a Notary Public in and for said County and State, personably appeared '1 14 1) , known to be the kLiv&1S-9_ RI -11W of Grantor, who acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this 11 My Counission Expii es: �1.67-2_80 C.{ / County of Resiidd/ene: day of October 2001. Notary Printed ublic This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath & Lyman. P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282. Send tax bills to: Die 1 iMiC CX} ace I riArmr1 Ifyi (Lf)A_ t-IIn(PQ After recording, return deed to: ASSOCIATED RIGHT OF WAV SERVICES, INC. ge ;pi N d PLIN/'TON AVF SUITE 209 INDIANAPOLIS, IN 46219 2 EXHIBIT "A" PROJECT NO. STP -B886 ( ) Sheet 1 of 1 PARCEL 5 Fee A part of the Southwest Quarter of Section 3 I, Township 18 North, Range 4 East in 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: Commencing at the southwest corner of said section, thence S 89° 53' 03" E, (All bearings based on bearing system for Project No. STP -B886 ( ) for City of Carmel), 223.418 meters (733.00 feet) along the south line of said section to the point of beginning of this description: thence N 0° 40' 47" E, 23.001 meters (75.46 feet) along the west line of the grantor's land to a point on the right of way for Project No. STP -B886 ( ) for City of Carmel; thence S 89° 53' 03" E, 2.255 meters (7.40 feet) along said right of way; thence S 0° 06' 57" W, 9.284 meters (30.46 feet) along said right of way to a point on the existing north right of way of 116`h Street; thence S 89° 53' 03" E, 335.033 meters (1099.19 feet) along said existing right of way to the east line of the grantor's land; thence S 0° 06' 57" W, 13.716 meters (45.00 feet) along said east line to the south line of said section; thence N 89° 53' 03" W, 337.514 meters (1107.33 feet) along said south line to the point of beginning of this description, containing 0.4650 hectare (1.149 acres) more or less, inclusive of the presently existing right of way which contains 0.4628 hectare (1.144 acres) more or less, for a net additional taking of 0.0022 hectare (0.005 acre) more or less. This description was prepared for the City of Carmel by Stephen J. Christian Indiana Registered Land Surveyor, License Number 890001 on the 26th day of February, 2001. 9991sjc&a'proj ects1E01051descrip1116-5.doo PARCEL 5 CODE: PROJECT NO. STP -B886( ) ROAD: 116th STREET COUNTY: HAMILTON SECTION: 31 TOWNSHIP: 18 N. RANGE: 4 E. HATCHED AREA IS THE APPROXIMATE TAKING EXHIBIT "8" RIGHT-OF-WAY PARCEL PLAT PREPARED FOR CITY OF CARMEL BY STEPHEN J. CHRISTIAN & ASSOCIATES, P.C. OWNER: WISTON XIX, A KANSAS LIMITED PARTNERSHIP BOOK NO. 341, PAGE 97 DATED: 1-27-84 SHEET 1 OF 2 DRAWN: A. EDWARDS DATE: 2-13-01 CHECKED: S.SUMMERLOT DATE: 2-21-01 10m20m 40m B0m 45' EXISTING R/W LINE "A" & SECTION LINE 9302 North Meridian St.. Suite 349 Indianapolis, In 46260 r„ --STEPHEN S. CHRISTIAN ) (317) 566-0629 & ASSOCIATES, P.C.J Foxy (317) 566-0633 Email; sjcassoc@indy.net 0 0 PARCEL 5 CODE' PROJECT NO. STP -8886( ) ROAD: 116th STREET COUNTY: HAMILTON SECTION: 31 TOWNSHIP' 18 N. RANGE: 4 E. EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT PREPARED FOR CITY OF CARMEL BY STEPHEN J. CHRISTIAN & ASSOCIATES, P.C. OWNER: WISTON XIX, A KANSAS LIMITED PARTNERSHIP BOOK NO. 341, PAGE 97 DATED: 1-27-84 SHEET 2 OF 2 DRAWN: A. EDWARDS DATE' 2-13-01 CHECKED: S. SUMMERLOT DATE: 2-21-01 PARCEL COORDINATE CHART POINT CENTERLINE STATION OFFSET NORTHING EASTING 3 X "A" POT 0+841.326 4 X "A" POT 1+057.734 161 "A" +f (0+833.246) 23.000 m LT 522821.567 60912.740 110 "A" 0+835.500 23.000 m LT 522821.563 60914.995 111 "A" 0+835.500 t(13.716 m LT) 522812.279 60914.976 NOTES: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES. )I( SEE LOCATION CONTROL ROUTE SURVEY PLAT. SURVEYOR' S STATEMENT TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS PLAT, TOGETHER WITH THE LOCATION CONTROL ROUTE SURVEY PLAT RECORDED AS INSTRUMENT NO. 200000061076 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA (INCORPORATED HEREIN AND MADE A PART HERE OF BY REFERENCE) COMPRISE A ROUTE SURVEY, EXECUTED IN ACCORDANCE WITH INDIANA ADMINISTRATIVE CODE 865 IAC 1-12 (RULE 12). L) X/ C15(1,10< -n -•J 2-26-01 STEPH J. CHRISTIAN DATE REGISTERED LAND SURVEYOR NO. 890001 STATE OF INDIANA / (`STEPHEN J. CHRTSTIAN ASSOCIATES, P.C.J 9302 North Meridian SL, Suite 349 Indianopolis, In 46260 (317) 566-0629 Fax. (317) 566-0633 Fmoil' sjcassoc@indy.net