116th - Sharry HastonDULY ENTERED FOR TAXATION G
Subjact to final acceptance for transfer
as day of,2Oia`i
UN (ee 300
DT: Po/
7077• elA' Audttor of Hamilton County LIMITED WARRANTY DEED 1
Warcel # 31 CZoD
THIS INDENTURE WITNESSETH, That SHARRY D. HASTON ("Grantor"), grants, conveys,
bargains and sells to The City of Carmel ("Grantee"), for the sum of One Hundred Thirty-eight Thousand Two
Hundred and No/100 Dollars (S138,200.00) and other valuable consideration, the receipt of which is hereby
acknowledged, the following described real estate in Hamilton County, state of Indiana:
•
Instrument
200400066350
See Exhibits A and B attached hereto and incorporated herein by this reference.
Land and Improvements: $132,500.00 Damages: $5,700.00 Total Consideration: 5138,200.00
Reserving, however, unto the Grantor the building described as a 2 -story, frame dwelling located at
11617 Rosemeade Drive, Carmel, Indiana, which is currently situated upon the aforedescribed real estate and
which shall be treated by the Grantee and Grantor hereto as personal property, and which building encroaching
upon the aforedescribed realty Grantor hereby covenants and agrees to remove from the aforedescribed realty as
consideration for part of the aforestated amount paid by the Grantee to the Grantor for this conveyance. Such
removal shall be accomplished by 120 days from the date payment is received for the above described realty and
the Grantor shall post a performance bond (in the amount of $15,000.00) in favor of the Grantee to insure
completion of the removal of the aforesaid building which encroaches upon the aforedescribed realty. If the
aforesaid building is not removed within the aforementioned time limit then the Grantee, utilizing the funds for
the aforesaid performance bond, shall be permitted to remove from the aforedescribed realty, by destruction or
otherwise, said building which encroaches.
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 matters
occurring subsequent to Grantors 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.
INaTTNESS WHEREOF, Grantor has caused this deed to be executed this 2 day of
.2004.
200400066350
Filed for. Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
09-22-2004 Rt 03:52m.
WARR DEED 22.00
• STATE OF
COUNTY OF r 3 ,,
s
) SS:
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Sham D. Haston 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 a day of C'YtAri-K . , 2004.
v
My C
ission Expires:
(6 a cool
County of Residence:
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d rKa Gey
AIL oet-A fl - 1312.00)57e 1,(7i
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:
2
EDIT "A"
Project: STP -B886( )
Parcel: 37
Sheet 1 of 1
Fee Simple
A part of the Southeast Quarter of Section 36, Township 18 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 southeast corner of said section, designated as point "515" on
said parcel plat; thence South 89 degrees 50 minutes 14 seconds West 449.047 meters
(1,473.25 feet) along the south line of said section to the prolonged east line of the grantor's
land; thence North 0 degrees 50 minutes 41 seconds West 8.535 meters (28.00 feet) along said
prolonged east line to the southeast corner of the grantor's land and the point of beginning of
this description, which point is on the north boundary of 116th Street: thence South 89 degrees
50 minutes 14 seconds West 26.524 meters (87.02 feet) along the boundary of said .116th
Street to the southwest corner of the grantor's land; thence North 0 degrees 50 minutes 41
seconds West 14.327 meters (47.00 feet) along the west line of the grantor's land; thence
North 89 degrees 50 minutes 14 seconds Fast 26.524 meters (87.02 feet) to the east line of the
grantor's land; thence South 0 degrees 50 minutes 41 seconds East 14.327 meters (47.00 feet)
along said east line to the point of beginning and contain; g 380.0 square meters (4,090 square
feet), more or Less.
Tnis description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, 'License No. 50148, on the
2nd day of November, 2001.
Tais description was written from information obtained from the
recorder's office and other sources which were not nsarily checked
by a field survey.
No. S4148 ; n.
S PARCEL: 37
PROJECT: STP -8886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
s
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: HASTON, SHARRY D.
INSTRUMENT NO. 9126673 DATED: 8-30-91
INSTRUMENT NO. 9341215 DATED: 7-23-93
Dimensions shown below cre from the above listed record documents.
Centerline stationing tic morks are shown at 20 meter intervals.
Lot 2
Lot 1
z >
O F L.:23
Z N
n 0 O
O O
U U O
st
0 0
o O
e -c
E N
rz a0
o
Block "D"
116th STREET
Line "PR -1"
87.02'
0
DES. NO.:
DRAWN BY:
CHECKED BY:
SHEET 1 OF 2
9785910 & 9785911
C.J. HOGSTON, 10-28-01
J.R. RITTER, 10-31-01
Hatched area is the
approximate taking.
50'
100'
SCALE: 1' = 50'
O
co
566
1,473.25'
R/W
This plot was prepared from information obtained from the recorder's office
,,,,d nfhnr cn,,rrpc which were not necessarily checked by ❑ field survey.
0
PARCEL: 37
PROJECT: STP -8886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
EXHIBIT °B" SHEET 2 OF 2
RIGHT—OF—WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: HASTON, SHARRY D.'
DES, NO.: 9785910 & 9785911
DRAWN BY: C.J. HOGSTON, 10-28-01
CHECKED BY: J.R. RITTER, 10-31-01
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES)
POINT
128
141
CENTERLINE
"PR -1"
STATION
OFFSET
NORTHING
EASTING
2.410.207
19.798 Lt.
4660.562
5416.535
508x
"PR -1"
2343.104
19.660 Lt.
4660.370
5349.169
515
560
566
568
"PR -1"
"PR -1"
2009.481
3.200 Rt.
4636.563
5015.612
2818.967
0.000 Rt.
4638.861
5825.074
"PR -1"
2009.460
0.000 Rt.
4639.763
5015.582
"PR -1"
2390.002
0.000 Rt.
4640.843
5396.122
"PR -1"
2409.998
0.000 Rt.
4640.767
5416.118
= 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. 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
8925 N dferidian • Jndianapolis, .IN 46260
1317) 844-8900 = FAX (317) 841-9155
pb❑puurrr
T ERE;o G��
No.50148
STATE OF :4-
/ 11-02-01 92• rociaH*.'��\
Jot,Hn M. Garvey Date
» sug'
Reg. Land Surveyor No. 50148 Ap ,0
ror. c/
I 1� Instrument
G 200400066351
Cross Reference to Prior Deed of Record: Warranty Deed recorded in Deed Record 360, Page 333 and Quitclaim
Deed recorded as Instrument No. 9126673 in the Hamilton County, Indiana Recorder's Office
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement") is made and entered into this
in:Q-day of , 2004 by and between SHARRY D. HASTON ("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, which is attached hereto and incorporated herein
B. Grantee, in connection with Grantee's improvement, widening and beautification
of East 116`h 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. Temporary Rights Acquired by 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.
200400066351
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
09-22-2004 At 03:53 pm.
EASEMENTS 17.00
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
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).
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
7U2U/GO
S RRD HA TON
GRANTEE
The City of armel, Indiana
By:
Printed: Stephen Engelking
Title: Director of Administration
• STATE OF 4crik)
) SS:
COUNTY OF )7\'1cu , )
Before me, att\liaar4aalalic in and for said County and State, personally appeared Sharry
D. Haston, 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 OZ day of CIAAtJ , 200/.4-
o.`445- cte'
Notary Puolic
An7GGELA n1- 6 D n15T¢4 u P
Printed Name
My commission expires: IS, c)Go9
I am a resident of NOULfa.-w- County, Indiana
STATE OF 1'(L/AN 4
COUNTY OF L1Arnaled
) SS:
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 swom,
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 qday of 41UwG , 204
My commission expires: 7- 7m9eo8
I am a resident of /27{ /p/Cf County, Indiana
Notary Public
L Loki z/�aa /32-a-745V5.:v�
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) 633-4884.
3
0
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Parcel: 37A Temporary R/W for Building Removal
A part of the Southeast Quarter of Section 36, Township 18 North, Range 3 Fast,
Hamilton County, Indiana, described as follows: Commencing at the southeast corner of said
section; thence South 89 degrees 50 minutes 14 seconds West 449.047 meters (1,473.25 feet)
along the south line of said section to the prolonged east line of the grantor's land; thence
North 0 degrees 50 minutes 41 seconds West 22.862 meters (75.00 feet) along said prolonged
east line and 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 26.524 meters (87.02 feet)
to the west line of the grantor's land; thence North 0 degrees 50 minutes 41 seconds West
20.341 meters (66.74 feet) along said west line; thence North 89 degrees 50 minutes 14
seconds East 26.524 meters (87.02 feet) to the east line of the grantor's land; thence South 0
degrees 50 minutes 41 seconds Fast 20.341 meters (66.74 feet) along said east line to the point
of beginning and containing 539.5 square meters (5,807.0 square feet), 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
2nd 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.
r Na. 50148 E
TATE OF O
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