116th - Donald DunkerlyI,Od rfl e
LIMITED WARRANTY DEED
1,vd leggs
200300088445
Filed for Record
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
08-29-2003 At 11:22 am.
WARR DEED 22.00
THIS INDENTURE WITNESSETH, That Donald M. Dunkerly and Waneta Dunkerlv , as Tenants in
Common, and not as Husband and Wife ("Grantor"), grants, conveys, bargains and sells to The City of Carmel
("Grantee"), for the sum of One Hundred Fifteen Thousand Four Hundred Fifty and No/100 Dollars
($115,450.00) 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: $114,425.00 Damages: $1,025.00 Total Consideration: $115,450.00
Subject to any and all easements, agreements, restrictions and other matters of record; subject to the lien
for real property taxes not delinquent; and subject to rights of way for roads and such matters as would be
disclosed by an accurate survey and inspection of the real estate.
Grantor, as its sole warranty herein warrants to Grantee and its successors and assigns, that Grantor will
forever defend title to the Real Estate (subject, however, to the foregoing exceptions) against the claims of ail
persons claiming by, through, or under Grantor, but against none other, which claims are based upon matters
occurring subsequent to Grantor's acquisition of the Real Estate.
Grantor, without warranting the existence of any such rights, also quitclaims to Grantee any right
Grantor may possess with respect to any representation, warranty, including warranties of title, covenant or
other obligation running to Grantor and touching and concerning the Real Estate.
IN WITNESS WHEREOF, Grantors have caused this deed to be executed this / Sr day of
�—u L y , 2003.
e GRANTO jS: 1/
Donald M. Dunkerly, Tenant in Com
Waneta Dunkerly, Tenant n Common
DULY ENTERED FOR Tr`V,,TIONyC)
Subject to final acceptance for transfer
07`1 day of , 2023
.,!c$;�ti �ji<•_C,._, Pudilor of Hamilton County
•
e
STATE OF z invn—
SS:
COUNTY OF „ 77) A) )
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Donald M. Dunkerlv and Waneta Dunkerly. Tenants in Common. Grantors, 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 / 5 day of L- y , 2003.
My i
Commisson Expires:
7 Commission
2,620
Notary PublVy
County of Residence:
M ' BnJ
4 6),() 9zv7i2-4I
Printed
This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath & Lyman,
P.S.C., One American�ySquare, Suite 2000, Box 82064, Indianapolis, IN 46282.
Send tax bills to: UIt Ctt1iC, Sceare, Cnrr'el, lel 10032
After recording, return deed to:
ASSOCIATED RIGHT OF WAV SERVICES, INC.
. AHLlrvbIUN AVL.
SUITE 209
INDIANAPOLIS, IN 46219
2
e
s
EXHIBIT "A"
Project: STP -B886( )
Parcel: 15
Sheet 1 of 1
Fee Simple
A part of the West Half of the Southwest Quarter of Section 36, Township 18 North,
Range 3 East, Hamilton County, Indiana, and being that part of the grantors' land lying within
the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit
"B", described as follows: Beginning at a point on the south line of said section South 89
degrees 28 minutes 02. seconds West 20.117 meters (66.00 feet) from the southeast corner of
said half -quarter section, said southeast corner being designated as point "233" on said parcel
plat, which point of beginning is the southeast corner of the grantors' land; thence South 89
degrees 28 minutes 02 seconds West 70.497 meters (231.29 feet) along said south line to the
southwest corner of the grantors' land; thence North 0 degrees 04 minutes 19 seconds West
23.201 meters (76.12 feet) along the west line of the grantors' land; thence North 89 degrees
28 minutes 02 seconds East 55.714 meters (182.79 feet) to point "620" designated on said
parcel plat; thence North 23 degrees 38 minutes 55 seconds East 7.523 meters (24.68 feet) to
point "691" designated on said parcel plat; thence North 0 degrees 03 minutes 00 seconds West
110.000 meters (360.89 feet) to point "692" designated on said parcel plat; thence North 89
degrees 57 minutes 00 seconds Fast 11.714 meters (38.43 feet) to the east line of the grantors'
land; thence South 0 degrees 04 minutes 19 seconds Fast 139.965 meters (459.20 feet) along
said east line to the point of beginning and containing 0.3017 hectares (0.746 acres), more or
less, inclusive of the presently existing right-of-way which contains 0.1039 hectares (0.257
acres), more or less. The portion of the above-described real estate which is not already
embraced within the presently existing right-of-way contains 0.1978 hectares (0.489 acres),
more or less.
This description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. 50148, on the
28° day of December, 2001.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
r,4
itgt
tit G
" Noo. 50148 s
rt
7% Ikit OF :• �O
m trSMR",
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP
RANGE:
15
STP -8886(
116th STREET
HAMILTON
36
18 N.
3 E.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: DONALD M. DUNKERLY, ET UX.
DES. NO.:
INSTRUMENT NO. 9909920127 DATED: 1-28-99 DRAWN 8Y:
CHECKED BY:
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks are shown at 20 meter intervals.
231.29'
SHEET 1 OF 2
9785910 & 9785911
C.J. HOGSTON, 12-24-01
J.A. RITTER, 12-26-01
Hatched area is the
approximate taking.
0 100' 200'
SCALE: 11=100'
3 2'
23.1.29'
5.900
Residue "A"
5.920
231.29'
5.940
R/W
p o
� ra
'Y Y
�5 980,
\\
36
116th STREET
2 31.2 9'
Line "PR -1"
6
This
WOODPARS,
SECTION ONE "B",
HAMILTON COUNTY
R/W
r --
SE Corner,
Wei, SW1/4,
36-18-3
flint was Dreocred from information obtained from •the recorder's office.
CO PARCEL: 15
PROJECT: STP -8886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
0
EXHIBIT "B" SHEET 2 OF 2
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: DONALD M. DUNKERLY, ET UX.
DES. NO.: 9785910 & 9785911
DRAWN 8Y: C.J. HOGSTON, 12-24-01
CHECKED 8Y: J.R. RITTER, 12-26-01
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES)
POINT
CENTERLINE
STATION
OFFSET
NORTHING
EASTING
233
"PR -1"
1604.713
3.200 Rt.
4632.801
4610.882
502'
"PR -1"
1.200.059
3.435 Rt.
4629.038
4206.187
508'
"PR -l"
2009.481
3.200 Rt.
4636.563
5015.612
522
"S -2-A"
5.840.000
0.000 Rt.
4792.578
4589.859
560
"PR -1"
2009.460
0.000 Rt.
4639.763
5015.582
565
"PR -1"
1226.583
0.000 Rt.
4632.485
4232.739
619
"PR -1"
1.510.000 -
20.000 Lt.
4655.119
4515.958
620
"PR -1"
1.570.000
20.000 Lt.
4655.677
4575.955
685
"PR -1"
1583.856
0.000 Rt.
4635.807
4589.996
685
"S -2-A"
5.996.772
0.000 Rt.
4635.807
4589.996
691
"S -2-A"
5.970.000
11.000 Rt.
4662.568
4578.973
692
"S -2-A"
5.860.000
11.000 Rt.
4772.568
4578.877
700
"S -2-A"
5860.000
0.714 Lt.
4772.579
4590.591
= See 'Location Contras 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. '200000059060 in the
Office of the Recorder of Hamilton County, Indiana, (incorporated herein and
made a part hereof by reference) comprise a Route Survey executed In
accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12).
Farrar, Garvey S Associates, LLC
8925 N. Xeridian ' 7rdiarapolis, 15 16260
(317) 844-8900 $ FAX (317)8./4-9158
tuuuunurrr/r
lJ: •eta` ERf
No. S0148 E
5:3(• • ••• STATE OF ••��
12-28-01 _ ••rr+oima.'��*
John f� Garvey Date SURN�\`�
Reg. Land Surveyor No. 50148
0
/C
Cross Reference to Prior Deed of Record: Corporate Warranty Deed recorded as Instrument No. 84-1947, Deed
Record 341, Page 305 in the Hamilton County, Indiana Recorder's Office
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement") is made and entered into this
/1' day of , 2003 by and between JILL PASTES RINALDO
("Grantor") and THE CITY OF CARMEL, INDIANA ("Grantee"). 200300089515
Filed for Record in
HAMILTON COUNTY, INDIRNA
RECITALS JENNIFER J HAYDEN
09-03-2003 Rt 12:48 pm.
EASEMENTS 16.00
A. Grantor owns certain real property (the "Grantor Parcel") located in Hamilton
County, Indiana mor particularly described as follows:
See Exhr tr:4, which is attached hereto and incorporated herein
B. Grantee, in connection with Grantee's improvement, widening and beautification
of East 116th Street (the "Project"), requires a temporary easement for the duration of the Project
for purposes of constructing that portion of the Project located upon and/or adjacent to the
Grantor Parcel. Such temporary easement area (herein referred to as the "Temporary Easement
Parcel") is more particularly described as follows:
See Exhibit B, which is attached hereto and incorporate herein
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Temnorary Rights Acouired-bv Grantee. During the term of the Project, or for four
(4) years from the date hereof, whichever occurs first, Grantor hereby grants and conveys to
Grantee the exclusive right to utilize the Temporary Easement Parcel for all purposes related to the
construction of the Project, including, but not limited to the storing of Grantee's equipment and the
staging of the construction of the Project. Upon the completion of the Project, or four (4) years
from the date hereof, whichever is first, such temporary easement shall terminate and Grantee shall
return the Temporary Easement Parcel to Grantor in substantially the same condition as existed
prior to the commencement of the Project.
2. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and others to whom Grantor may grant rights or easements, the right to use
the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain. repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees, heirs, successors and assigns shall retain the right of access over
and across the Temporary Easement Parcel to and from the Public Right -of -Way to real estate
owned by Grantor adjacent to the Temporary Easement Parcel via Grantor's existing driveway or
any future driveway.
0
0
3. Easement and Covenants Appurtenant. The easements granted. created and made
herein. together with the benefits thereof. shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel. and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof. shall be deemed
to be real covenants which touch and concern the Grantor Parcel and the Temporary Easement
Parcel, as applicable, shall run with the Grantor Parcel and the Temporary Easement Parcel, and
shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their
respective grantees, successors and assigns. All covenants and agreements hereunder may be
enforced by an action for specific performance, and in the event that a party breaches any such
r.ovenant or agreement, the other party may exercise any remedy available hereunder, at law or in
equity, and recover from the breaching party all amounts expended in connection with exercising
any such remedy (including without limitation, court costs and attomeys' fees).
4. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
5. The undersigned person executing this Temporary Easement Agreement on behalf
of Grantor represents and warrants that he has been duly authorized and fully empowered, by
proper resolution of the governing body of Grantor, to execute this Temporary Easement
Agreement.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR
X:
Jill Eastes Rinaldo
.G✓
GRANTEE
The City of Carmel, Indiana
1
By:
Printed: Steohen.Engelking
Title: Director of Administration
•
•
STATE OF
COUNTY OF
) SS:
Before me, a Notary Public in and for said County and State, personally appeared Jill
Eastes Rinaldo, Grantor and who, having been duly sworn, acknowledged the truth and accuracy
of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this 19 F day of MI , 2003.
My commission expires:
9-4-03
I am a resident of (-1tc-n,I 1 -1 -..---County. Indiana
STATE OF
COUNTY OF
) SS:
Notary Public LL
L.C/Q-rF�
Printed Name
Before me. a Notary Public in and for said County and State, personally appeared
Stephen Engelking, the Director of Administration of Grantee, who, having been duly sworn.
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee. 1 �j
Witness my hand and Notarial Seal this day of �J1't-C� , 2003.
My commission expires: Oc {t s ( oe
I am a resident of
jY1f 1'Oil County, Indiana
atitti a. 61),a42
Notary Public
.ren . rola(
Printed Name
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, Indiana 46282, (317) 633-4884.
Retum following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633-4834.
•
EXHIBIT ':Br'
Project: STP -B886( ) Sheet 1 of 1
Parcel: 28A Temporary RW for Drive Construction
A part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 18
North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the
southeast corner of said section; thence South 89 degrees 50 minutes 14 seconds West 583.207
meters (1,913.41 feet) along the south line of said section to the southeast corner of the
grantor's land; thence North 0 degrees 09 minutes 46 seconds West 30.200 meters (99.08 feet)
along the east line of the grantor's land to the point of beginning of this description: thence
South 89 degrees 50 minutes 14 seconds West 7.739 meters (25.39 feet); thence North 0
degrees 09 minutes 46 seconds West 7.000 meters (22.97 feet); thence North 89 degrees 50
minutes 14 seconds East 7.739 meters (25.39 feet) to the east line of the grantor's land; thence
South 0 degrees 09 minutes 46 seconds East 7 000 meters (22.97 feet) along said east line to
the point of beginning and containing 0.0054 hectares (0.013 acres), more or less.
This description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. S0148, on the
2°" day of November, 2001.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
0
CITY OF CARMEL, INDIANA
ONE CMC SQUARE
CARMEL, INDIANA 46032
VENDOR: 353857 Page 1
DONALD M AND WANETA DUNKERLY
305 RANGEJNE ROAD CHECK AMOUNT: 3115,450.00
CARMEL IN
46032 CHECK NUMBER: 108354
CHECK DATE: 07/30/03
DEPARTMENT
ACCOUNT PO NUMBER INVOICE NUMBER ' AMOUNT DESCRIPTION
211 R4462830
_- .115.T450.00 116TH ST COLLEGE TO R
_ .
- -
REMITTANCE ADVICE - DETACH AND RETAIN FOR YOUR RECORDS
Jr. •iii.T'L"'"io••IIT•IILR•iFf4"IIIclit..11QI.IDDRIIP•i•Ia.:I=MII-I.11;"I&d•-il If•I•• '4' I /I bigr lir—
APPROVED BY THE STATE BOARD OF ACCOUNTS FOR THE CITY OF cskanta2G02
7TAYIttEBBT
FlINK 749 108354
CITY OF CARMEL, INDIANA
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
PAY * * *$
":"
11;545 0
•
0-0
011E tO.Ft FIVE ZIAOlemiV
GENERALACCOUNT 07/30M3
• - .- •
To DONALD M,AND WANETA DUNKERLY
The 30 S RANGELINE ROAD _
Order CARMEL IN 46032 --:-.- --: _: c
Of.
AMOUNT
$115,450.00
THIS WARRANT IS VOID TWO (2) YEARS AFTER
DECEMBER 3IOF THE YEAR CF ISSUE
/0 8 3 Elio1:0 71-.qoassi,t:
999a.931-12711'
—' CITY OF CARMEL, INDIANA
1 ONE CIVIC SQUARE
CARMEL, INDIANA 46032
VENDOR: 00352007
FIRST INDIANA BANK
125 N PENNSYLVANIA
INDIANAPOLIS IN 46204
CHECK AMOUNT:
CHECK NUMBER:
CHECK DATE:
Page 1
$10.00
108366
07130/03
DEPARTMENT
ACCOUNT PO NUMBER INVOICE NUMBER
AMOUNT DESCRIPTION
211
R4452830
10.00 116TH ST COLLEGE TO R
REMITTANCE ADVICE - DETACH AND RETAIN FCR YOUR RECORDS
APPROVED BY THE STATE BOARD OF ACCOUNTS FOR.THE CITY OF CARMEL2002-
"C.
- -.PAYABLAT ^x
FIFTI'CTHIRD BANK„
INDIANAPOLIS INDIANA
__.
GENERAffACCOUNT".
CITY OF CARMEL, INDIANA
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
71-859 CHECKNO
- X749 ..':�
08.
.,DAT-OT130/03tr
'
^Af1OUNT
10'.00 -
The
Order_-'
Of _-
FIRST:INDIANA BANK:
135 N: PENNSYLVANIA. ='
INDIANAPOLIS IN 46204`
THIS WARRANT Is VOID TWO (2) YEARS ASTER
i!': DECEMBER 31 OF THE YEAR OF ISSUE.
1083660 1:0749085941: 999111934 270