116th - Jill Rinaldo0
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LIMITED WARRANTY DEED
200300088441
Filed for Record
HAMILTON COUNTY 1GDIANA
JENNIFER J HAYDLN
08-29-22003 At 11:222. a0
WARR DEED
THIS INDENTURE WITNESSETH, That Jill Eastes Rinaldo ("Grantor"), grants, conveys, bargains
and sells to The City of Carmel ("Grantee"), for the sum of Nineteen Thousand Six Hundred and No/l00
Dollars ($2,445.00) 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: $19,400.00 Damages: $200.00 Total Consideration: $19,600.00
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 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, Grantor has caused this deed to be executed this i i - day of
Al Ay , 2003.
GRANTOR:
Jill Eastes Rinaldo
DULY EN T EI'ED FGR T ,;1ITION
Subject to f im31 acceplOtice for transfer
alloyot. ,20t
o-fr hj j2?d!& 4dth r Of Hamilton Cowl/
red P
®STATE OF
COUNTY OF
11 c{
SS:
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Jill Eastes Rinaldo 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 Siday of
My Commission Expires:
, 4..o
County of Residence:
0
1111 c�.1 , 2003.
Notary Public
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: NP r 1.0 a C1rird IN kt,03z.,
After recording, return deed to:
LO
1311 N. ARLINGTON AVE.
SUITE 209
INDIANAPOLIS, IN 46219
2
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EXHIBIT "A"
Project: STP -B886( )
Parcel: 28
Sheet 1 of 1
Fee Simple
A part of the Southwest Quarter 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: Beginning at a point on the south line of said section South
89 degrees 50 minutes 14 seconds West 583.207 meters (1,913.41 feet) from the southeast
corner of said section, said southeast corner being designated as point "515" on said parcel
plat, which point of beginning is the southeast corner of the grantor's land; thence South 89
degrees 50 minutes 14 seconds West 44.257 meters (145.20 feet) along said south line to the
southwest corner of the grantor's land; thence North 0 degrees 09 minutes 46 seconds West
27.114 meters (88.96 feet) along the west line of the grantor's land; thence North 80 degrees
22 minutes 30 seconds East 18.774 meters (61.59 feet) to point "722" designated on said parcel
plat; thence North 89 degrees 50 minutes 14 seconds East 25.739 meters (84.45 feet) to the
east line of the grantor's land; thence South 0 degrees 09 minutes 46 seconds East 30.200
meters (99.08 feet) along said east line to the point of beginning and containing 0.1308
hectares (0.323 acres), more or less, inclusive of the presently existing right-of-way which
contains 0.0121 hectares (0.030 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 0.1187
hectares (0.293 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
2nd day of November, 2001.
Tnis description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
Revised 1-10-03: Changed proposed r/w, JRR
:nr;rrmrT.
n'i
^•J ter. .. .. l�
a
t...t No. ;:01rd.
PARCEL: 28
PROJECT: STP -B886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: RINALDO, JILL E.
SHEET 1 OF 2
DES. NO.: 9785910 & 9785911
DEED 800K: 341, PAGE 305 DATED: 12-09-83 DRAWN BY: C.J. HOGSTON, 10-28-01
CHECKED BY: J.R. RITTER, 10-31-01
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks ore shown of 20 meter intervals.
0
Hatched orea is the
approximate taking.
50'
100'
SCALE: 1-=50'
508
R/W 1
116th STREET.
Perpetual Easement
Revised 1-10-03: Changed proposed r/w, CJH
T'nis plot wos prepared from inforrriation obtained from the recorder's office
:L. ..6., ..6e4 ti„ .. C..1.4 eorvnv
PARCEL: 28
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: RINALDO, JILL E.
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
CENTERLINE
STATION
OFFSET
NORTHING
EASTING
508"
"PR -1"
2009.481
3.200 Rt.
4636.563
5015.612
515
"PR -1"
2818.967
0.000 Rt.
4638.861
5825.074
560
"PR -1"
2.009.460
0.000 Rt.
4639.763
5015.582
566
"PR -1"
2390.002
0.000 Rt.
4640.843
5396.122
722
"PR -1"
2.210.000
27.000 Lt.
4667.332
5216.045
724
"PR -1"
2.240.000
27.000 Lt.
4667.417
5246.044
824
"PR -1"
2180.000
22.000 Lt.
4662.247
5186.059
= See 'Location Control Route Su vey Plat'
Revised 1-10-03: Changed proposed r/w, CJH
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, Carley & Associates, LLC
8925 N fferidian t Indianapolis, JN 46260
/3171 8:14-8.900 ' FAX /3171644-9155
Jody M. Garvey r�
Reg. Land Surveyor No. S0148
State of Indiana
\�\p\\111111tI111gq0o,
b.,. ��GtSi EgFo .:��'�
•
I No. S0148 ?
{-- STATE OF I.
'��
11-02-01
-=..-7;;;%.410100...C...0
Date 4 SUR`f�o`\
°jbrmn i i mm\a
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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 Recorders Office
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement") is made and entered into this
Ia.-S.. day of /14 a-, . 2003 by and between JILL BASTES RINALDO
("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 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. Temoorary 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.
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
0 X:9412-
i astes Rinaldo 1
GRANTEE
The City of Carmel, Indiana
By:
—7
r
Printed: Stephen Engeiking
Title: Director of Administration
0
0
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 1 lit -Cray of M
V V I , 2003.
.
My commission expires: �) . t-{' - '� `� <�9 o'�� - ELL/L
Notary Public
,,ob, LK,
I am a resident of I cu f —County, Indiana
STATE OF
COUNTY OF
) SS:
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
My commission expires: 0 L' 1 l S( of
I am a resident of Cah1' 1 fPt r County, Indiana
davof Ji/4 -6 .2003.
GE%a. GI 'i2
Notary Public
4tor‘A.-elarieir
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.
Return 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.
0
Project: STP -B886( )
Parcel: 28A
EXHIBIT "A"
Sheet l of 1
Temporary R/W for Drive Construction
A pan 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 Noah 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"d 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.
1
CITY OF CARMEL, INDIANA VENDOR: 353742
CAJILLRMEUIEAN{60]2STES R•INALDO1
11342 El31NS1.
CHECK AMOUNT;
,.. rnrCK )e 1 l..acR:
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
c.._ c/_:
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Page 1
$10,600.00
07558
CIIECI( DATE: 06/25/03
t, lv •
ACCOUNT JI..,,.::
N PQI 1M8E R •INVOICE NUMBER I R��. ^.!:1:'��'r'; �'°� AMOUNT DESCRIPTION
DEPARTMENT y
211 R4462830.�1�\p � 19 '1'11
I (6 0.00 116 S'1' COLLEGE TOR
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t il;I,1(tlr, I ti`1n�lt 1i41 f➢ t wF(1.7�F rt174, It II I t I, 1
�41I{1I1Z `t
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1 (! I t l It l d 11 P 1 4'l
1 IJ)I r '1 UII1 e. ,' I } tl I
�rN�t t.� ljl I� � lomat,.f 3 A Af�YI� (°6Te1911 AHI) f EJPIN F9D YO'IU fIC iRDS
7t ill• .1 'jj TSY C o • lItIF1 1IRii� I7�Cd 137CSI9 I�S3i[737111��1TL33�l1�f11
` ' �(l�� CCpli f FP [P ?IJYiflLit1r���° I l
Irl .(11P Y4hI 60T\
T hi
n J 1
I I .. � l 1��71 G II ,III .
�t1t i� 111 III � i-'hIP111 Tl llf?q 84171 tilt' JO ��Ifi I),I
111:1 In II t r
y� t q y ,� A o 11w P. i§,IPI9141 fl,� !'
�i1ARC t .'tWl� Il t. �9 GJ ' ��.3f�i ��1i411t DATfl!:j .106/r25I03 ��)�1
D�.4A Ej 31f �:;PIu,IIyIG�IIIt t .gh.GENFRAL ACfCOUNT. ..
AMOUNT
$19,GOOAO •
TI IIS WARRAII f IS VOID TWO (21 YEARS AFTER
DECEMBER 31 OF 1I IE YEAR OF ISSUE
ki
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6' 1O 7 S 5l11I' 1:0 71.90(1 591,1: 9119...911,270