116th - Galil Hanna0
DULYENrERED FOR TAXATION J
" amt to final acceptance for transfer
2-9 day of be-- , 2005
eo-lr . h_774J14, Auditor of Hamilton Ca i IITED WARRANTY DEED
Parcel m V\i2-0
200 3001'2'72
Filed ror rcord
HAMILTON COUNTY ��1DIANA
JENNIFER J HAYDEN
9J At 10:26
WARRDEED2.00
THIS INDENTURE WITNESSETH, That . Galli A. Hanna ("Grantor"), grants, conveys, bargains
and sells to The City of Carmel ("Grantee"), for the sum of Forty-six Thousand Nine Hundred and No/100
Dollars ($46,900.00) 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: $22,200.00 Damages: $24,700.00 Total Consideration: $46,900.00
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 tide 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 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 2 (f day of
2003.
•
STATE OF �-) ((I1\
COUNTY OF L J I �to1
) SS:
Before me the undersigned, a Notary Public,in and for said County and State, personally appeared
Galil A. Hanna. 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 2 I CI -day of U I , 2003.
My Co is ion Expires: ArJ
Notary Public
County of Residence:
AA ✓JP v,
`4/q) i11�
Printed
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:
After recording, return deed to:
EXHIBIT "A"
Project: STP -B886(-- )
Parcel: 26
Sheet 1 of 1
Fee Simple
A part of the Northwest Quarter of the Northeast Quarter of Section 1, Township 17
North, Range 3 East, 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 as
Exhibit "B", described as follows: Commencing at the northwest corner of said quarter
section, designated as point "575" on said parcel plat; thence North 89 degrees 28 minutes 02
seconds East 9.053 meters (29.70 feet) along the north line of said section to the southwest
corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 Fast, Hamilton
County, Indiana, designated as point "508" on said parcel plat; thence North 89 degrees 50
minutes 14 seconds East 101.589 meters (333.30 feet) along the north line of said Section 1 to
the northwest corner of the grantor's land and the point of beginning of this description:
thence continuing North 89 degrees 50 minutes 14 seconds East 100.584 meters (330.00 feet)
along said north line to the northeast corner of the grantor's land; thence South 1 degree 27
minutes 11 seconds West 34.814 meters (114.22 feet) along the east line of the grantor's land;
thence South 89 degrees 50 minutes 14 seconds West 4.672 meters (15.33 feet) to point "752"
designated on said parcel plat; thence North 19 degrees 36 minutes 10 seconds West 18.028
meters (59.15 feet) to point "744" designated on said parcel plat; thence South 89 degrees 50
minutes 14 seconds West 89.174 meters (292.57 feet) to the west line of the grantor's land; _
thence North 0 degrees 37 minutes 12 seconds Fast 17.802 meters (58.41. feet) along said west
line to the point of beginning and containing 0.1923 hectares (0.475 acres), more or less,
inclusive of the presently existing right-of-way which contains 0.0337 hectares (0.083 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 0.1586 hectares (0.392 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
7' 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.
•
•
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
•
26
STP -B886( )
116th STREET
HAMILTON
1
17 N.
3 E.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: HANNA, GALIL A.
INSTRUMENT NO. 200000056112 DATED: 11-07-00
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks are shown at 20 meter intervals.
R/W
-
o Line "PR -1"
116th STREET
330'
0
0
DES. NO.:
DRAWN BY:
CHECKED BY:
SHEET 1 OF 2
9785910 & 9785911
C.J. HOGSTON, 12-03-01
J.R. RITTER, 12-05-01
Hatched area is the
approximcte taking.
100'
200'
SCALE: V=100'
R/W
Residue "A"
W
W
0
1---
V)
J
50'
z
0
E-4
Q
d
DONNYBROOK
Lot 18
E -
z
O
0
V')
CV
a+
n
Lot 17
Lot 16
PARCEL: 25
PROJECT: STP -8886( )
ROAD: 116th STREET
COUNT(: HAMILTON
SECTION: 1
TOWNSHIP: 17 N.
RANGE: 3 E.
EXHIBIT "8" SHEET 2 OF 2
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: HANNA, GALIL A.
DES. NO.: 9785910 & 9785911
DRAWN BY: C.J. HOGSTON, 12-03-01
CHECKED BY: J.R. RITTER, 12-05-01
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES)
POINT
CENTERLINE
STATION
OFFSET
NORTHING
EASTING
508 x
"PR -1"
2.009.481
3.200 RL
4636.563
5015.612
515
"PR -i"
2.8i8.967
0.000 Rt.
4638.861
5825.074
560
"PR -1"
2.009.460
0.000 Rt.
4639.763
5015.582
566
"FR -1"
2.390.002
0.000 Rt.
4640.843
5396.122
575
"FR -1"
2.000.407
3.200 Rt.
4636.479
5006.559
743
"PR -1"
2.058.096
21.000 Rt.
4618.901
5064.277
744
"PR -1"
2.200.000
21.000 Rt.
4619.304
5206.181
750
"FR -i"
2.195.000
157.000 RL
4483.290.
5201.567
751
"PR -1"
2.195.000
21.000 Rt.
4619.290
5201.181
752
"PR -1"
1 2.206.000
38.000 Rt.
4602.321
5212.229
753
"PR -1"
2.215.000
38.000 Rt.
4602.347
5221.229
793
"PR -1"
2.203.000
185:000 Rt.
4455.313
5209.646
794
"PR -1"
2.215.000
185.000 Rt.
4455.347
5221.646
x See 'Location Control Route Su vey 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 & Associates, LLC
8.925 N Peri an • Indianapolis, IN 46260
(3171641-6900 • f:41 (3171644-9156
JotidM. Garvey
\\vvv\Wuu116184/
°o`,,� M. Ggipi,
No. 50148
��ic? •'. STATE Or 7,-4-....?
12 -o -7-a1 *-47/1/3.1:9.9.'.............
Date , ,,,_ SHR`IF:.o`
g)-(09 8yt'
Cross Reference to Prior Deed of Record: Corporate Quitclaim Deed, Inst. #:200000056I 12, in the Hamilton
County, Indiana Recorder's Office
Instrument
200300127290
EASEMENT AGREEMENT
(with temporary easement for construction purposes)
This Easement Agreement (this "Agreement") is made and entered into this 11 dday of
lq, 2003 by and between
‘-At
!( 4, a-fr\
("Grantor") and THE CITY OF CARMEL, INDIANA ("Grantee").
RECITALS
•
A. Grantor owns certain real property (the "Grantor Parcel") located in Hamilton
County, Indiana more particularly described as follows:
See Exhibit A attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement and widening of 116'h Street
and Grantee's construction of certain storm water drainage improvements related to such
widening and located in the vicinity of the intersection of 116''' Street and Carmel Creek (the
"Project"), requires a permanent easement over a portion of the Grantor Parcel which permanent
easement area (herein referred to as the "Permanent Easement Parcel") is more particularly
described as follows:
See Exhibit B attached hereto and incorporated herein.
C. Grantee also requires a temporary easement for the duration of the Project for
purposes of constructing that portion of the Project located upon the Grantor Parcel. Such
temporary easement area (herein referred to as the "Temporary Easement Parcel") is more
particularly described as follows:
See Exhibit C attached hereto and incorporated 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. Grant of Permanent Access. Drainaee and Maintenance Easement. Grantor
hereby grants and conveys to Grantee an exclusive, perpetual easement over, under, through and
across the Permanent Easement Parcel for the purpose of:
(a) Storm water drainage.
200300127290
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
12-29-2003 At 10:26 am.
EASEMENTS 24.00
s
(b) Access, ingress and egress for the initial installation, future maintenance,
repair and replacement of (i) "rip rap" along the bank of Carmel Creek, (ii) other
improvements related to the Project and (iii) future improvements conducive to the
drainage of storm water.
(c) Removal, without liability to Grantee (except as otherwise provided below),
of any "Improvements" (hereinafter defined) located within the Permanent Easement Parcel,
whether now existing or hereafter placed or constructed; provided, however, Grantee shall
be solely responsible for the cost and expense of removing any Improvements existing as of
the date hereof and identified on Exhibit D attached hereto and incorporated herein by this
reference, and Grantor shall reimburse Grantee (within thirty (30) days following written
demand therefor) the cost and expense of removing any Improvements placed or
constructed thereon at any time after the date hereof unless such Improvements are either
constructed by Grantee pursuant to (b) above, or approved by Grantee in advance in writing
which approval may be withheld in Grantee's sole discretion. The term "Improvements" in
the immediately preceding sentence hereof shall include, without limitation, fences,
buildings, structures, asphalt or concrete paving, curbing or other similar improvements,
trees, bushes, earthen or other mounds, levees or berms, and other structures.
2. Obligations of Grantee. Subject to the terms described in Section 1, Grantee shall
restore the Permanent Easement Parcel, to the extent practicable, to the condition as existed prior to
the commencement of the Project.
3. 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 rights granted to Grantee.
4. Obligations of Grantor. Unless the prior written consent of Grantee is obtained as
aforesaid, Grantor shall keep the Permanent Easement Parcel free of any and all Improvements
(other than those placed or constructed by Grantee). Grantor shall mow and care for the grass
located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free
from debris, silt, weeds, refuse and any other obstructions.
5. Temnorary Rights Acauired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel
and 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 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.
6. Easement and Covenants Appurtenant. The easement and other rights 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 easement granted,
0
created and made hcrn, 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 Permanent Easement Parcel
and the Grantor Parcel, as applicable, shall run with the Permanent Easement Parcel and the
Grantor 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 covenant 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
attorneys' fees).
7. Notices. Any and all notices, demands, requests, submissions, approvals,
consents, or other communications or documents required to be given, delivered or served or
which may be given, delivered or served under or by the terms and provisions of this Agreement
or pursuant to law or otherwise, shall be in writing. All notices shall be either (a) sent by
overnight delivery using a nationally recognized overnight courier, in which case notice shall be
deemed delivered one business day after deposit with such courier, (b) sent by certified or regular
U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days
after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be deemed
delivered upon receipt or refusal of delivery. All notices shall be addressed, if to the Grantee, to
Grantee at:
City of Carmel
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
Attn: President
with a copy to:
Hall, Render, Killian, Heath & Lyman, P.S.C.
One American Square, Suite 2000
Indianapolis, Indiana 46282
Phone: 317-633-4884
Fax: 317-633-4972
Attn: Robert A. Hicks, Esq.
or to such other address as Grantee may from time to time designate by written notice to Grantor,
or if to Grantor, addressed to Grantor at:
Galil A. Hanna
P.O. Box 40432
Indianapolis, IN 46240
3
0
or to such address as may be designated by the Grantor from time to tithe.
8. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR
X
s
GRANTEE
By:
Printed: Stephen Engelking
Title: Director of Administration
0
STATE OF INDIANA
) SS:
COUNTY OF �i-.-,r(�n� )
Before me, a Notary Public in and for said County and State, personally appeared Galil
A. Hanna, Grantor and who, having been duly sworn, acknowledged the truth and accuracy of
the representations made herein and the execution of the foregoing Agreement.
lh
Witness my hand and Notarial Seal this Z\ day oIf 2003.
My commission expires: CI 4-• 1D Zvot
Notary,
✓�v Iia r �. 1 7'Ivl
I am a resident of AA, 4), „, County, Indiana
STATE OF N -,31,!X )
) SS:
COUNTY OFjSAL{1GTb 1 )
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.
Witness my hand and Notarial Seal this 3( day of 0ac.,' c.a , 2003.
My commission expires: dG - o Y.
I am a resident of//.q-2 ,4N County, Indiana
•
i
Notary Public
/fzGc tiJ 92 n✓
Printed Name
0133605 - HANNA
CONSENT AND SUBORDINATION
The undersigned, as the holder of a lien on the Grantor Parcel, hereby consents to the foregoing Agreement
and agrees that the lien of that certain Mortgage dated November 7, 2000
and recorded on as Instrument No. 200000056113
together with all documents executed in connection with such Mortgage is subject to and
subordinate to the Agreement and that any foreclosure or deed -in -lieu under such Mortgage shall
not extinguish or invalidate the Agreement or the rights, benefits, duties and burdens of the
parties thereto and their respective successors and assigns.
STATE OF OHIO
) SS:
COUNTY OF MONTGOMERY
Printed: Crystal A. Carter -Rhodes
-tical- )
Before me, a Notary Public in and for said County and State, personally appeared Crystal A.
Carter -Rhodes, the duly authorized officer of [National City Mortgage], who
acknowledged execution of the foregoing Consent and Subordination for and on behalf of said
[Corporation].
WITNESS my hand and Notarial Seal this 26th day of September, 2003.
My Commission Expires: May 8, 2005
Notary Public VW
County of Residence: Montgomery
Printed Name
MAA{' . PARRISH, Notary Publk : ; ,, ;.Z': r.`r .'
In and for the Stag of Ohlo ;•>
My Commission Expires May 8, 2005
This instrument was prepared by and, following recording, should be returned 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) 633-4884.
•
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 2
Perpetual Easement
Parcel: 26A
A part of the Northwest Quarter of the Northeast Quarter of Section 1, Township 17
North, Range 3 East, 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 as
Exhibit "B", described as follows: Commencing at the northwest corner of said quarter
section, designated as point "575" on said parcel plat; thence North 89 degrees 28 minutes 02
seconds East 9.053 meters (29.70 feet) to the southwest corner of the Southeast Quarter of
Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, designated as point
"508" on said parcel plat; thence North 89 degrees 50 minutes 14 seconds East 202.173 meters
(663.30 feet) along the north line of said Section 1 to the northeast corner of the grantor's
land; thence South 1 degree 27 minutes 11 seconds West 34.814 meters (114.22 feet) along the
east line of the grantor's land to the point of beginning of this description: thence continuing
South 1 degree 27 minutes 11 seconds West 18.640 meters (61.15 feet) to the northwest corner
of Lot 1 in Donnybrook Addition, an addition in Hamilton County, Indiana, the plat of which
is recorded in Plat Book 2, page 233, in the Office of the Recorder of the aforesaid county;
thence South 1 degree 27 minutes 07 seconds West 128.418 meters (421.32 feet) along the
west line of said addition; thence South 89 degrees 50 minutes 14 seconds West 3.528 meters
(11.57 feet) to point "793" designated on said parcel plat; thence North 16 degrees 06 minutes
29 seconds West 29.120 meters (95.54 feet) to point "750" designated on said parcel plat;
thence North 0 degrees 09 minutes 46 seconds West 136.000 meters (446.19 feet) to point
"751" designated on said parcel plat; thence North 89 degrees 50 minutes 14 seconds Fast
5.000 meters (16.40 feet) to point "744" designated on said parcel plat; thence South 19
•
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Temporary R/W for Drive Construction
Parcel: 26B
A part of the Northwest Quarter of the Northeast Quarter of Section 1, Township 17
North, Range 3 Fast, Hamilton County, Indiana, described as follows: Commencing at the
northwest corner of said quarter section; thence North 89 degrees 28 minutes 02 seconds East
9.053 meters (29.70 feet) along the north line of said section to the southwest corner of the
Southeast Quarter of Section 36, Township 18 North, Range 3 Fast, Hamilton County,
Indiana; thence North 89 degrees 50 minutes 14 seconds Fast 101.589 meters (333.30 feet)
along the north line of said Section 1 to the northwest corner of the grantor's land; thence
South 0 degrees 37 minutes 12 seconds West 17.802 meters (58.41 feet) along the west line of
the grantor's land; thence North 89 degrees 50 minutes 14 seconds East 2.174 meters (7.13
feet) to the point of beginning of this description: thence continuing North 89 degrees 50
minutes 14 seconds East 9.000 meters (29.53 feet); thence South 0 degrees 09 minutes 46
seconds Fast 5 000 meters (16.40 feet); thence South 89 degrees 50 minutes 14 seconds West
9.000 meters (29.53 feet); thence North 0 degrees 09 minutes 46 seconds West 5.000 meters
(16.40 feet) to the point of beginning and containing 0.0045 hectares (0.011 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
7th 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.
OM= ft
Oox STLq'•��.(� 9.
•? 0 .49
No. 50148 ? O
Le
JL.J
tj
%rMrnxcros,.ttn°
UNL CIVIC SQUARE
CARMEL. INDIANA 45032
GALIL A HANNA
PU BOX 40432.
INDIANAPOLIS IN 46240
CHECK AMOUNT: $46,900.00
CHECK NUMBER: 111208
CHECK DATE: 11/19/03
DEPARTMENT ACCOUNT PO NUMBER`1- INVOICE NUMBER:
1.
:.1, AMOUNT DESCRIPTION,
211 4462830 u'. , ti,,i ",.. 46, 9.00.00 116TH ST COLLEGE TO R
.. RETAIN R.._UREC ......,.,...
REMITTANCE ADVICE •DETACH AND RETAIN FOR YOUR RECORDS;:.'-
i4l''j jM AP ROVyE,D BY II,ryE SSTATTEpDOARO 0,�a ACCOUNTS FOR TIIE CITYOF CARMEL 2002
i S 1,...' ? . PIy,4•pk j +ri B �''}m F �I Std . PAYABLE AT
,CITY OF CARMELINDIANA x. I �4 r I FIFTH T10RDBANK
�,ONE'.CIVICSQUAREle ,F,.��v ,INDRNAPOLIS, INDIANA •
,
CARMEL, INDIANA 46032 GENERALACCOUNT l
PAY` ***$
4'6'°9'0°0
010.
.r"
fl0
71-859 CHECK NO.
749 111208
DATE: 11/19/03
AMOUNT:
$46,900.00.:
` THIS WARRANT IS VOID TWO (2) YEARS AFTER
. DECEMBER 31 OF THE YEAR OF ISSUE
i•Aty I l}'SINNL�ii
GAOL. KHANNA
PO BOX 40432
Order'' ° INDIANAyPOLIS IN
Of, '':;a j lrk{
tiF
TREAS
..CLERK TREASURR ER.
u' LL 208» 1:0 74908 594x:
99911193427"