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126th/Pennsylvania - Duke RealtyDULY ENTERED FOR TAXATION Subj t to final acceptance for transfer day of `c 19 99 e Parcel Auditor Hamilton County Instrument 9 909932355 APPROVED, AS TO FORM BY: 9909932355 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK ,On 05 -28 -1999 At 04:23:58 pm. RT OF WAY 18.00 Prior Deed Reference: 96-1297 p C 41— 'A, t THIS INDENTURE WITNESSETH, that Duke Realty Limited Partnership, the fee owner of GRANT OF RIGHT OF WAY the real estate described below (hereinafter "Grantor hereby grants, conveys and warrants to the City of Carmel, Indiana (hereinafter "Grantee for public right -of -way purposes, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate: See Exhibit A attached hereto and made a part hereof. It is understood that all the provisions of this Grant are stated herein and no verbal agreements or promises will be binding on the parties hereto or their successors in interest. This Grant shall be governed by and construed and enforced in accordance with the laws of the State of Indiana. The Grantor represents and warrants that it is authorized to enter into this Grant and that the person executing this Grant on behalf of the Grantor has the authority to bind Grantor to same. This Grant is made subject to all prior easements, agreements, restrictions and rights -of -way of record and is not subject to the Indiana Corporate Income Tax. IN WITNESS WHEREOF, the undersigned Grantor has executed this Grant this j3t-L, day of 122r_, 1999. [th msword:s: \hill \&kedoc:5 /11 /99] "GRANTOR" DUKE REALTY LIMITED PARTNERSHIP BY: DUKE REALTY INVESTMENTS, INC., its By 1 general partner nted Nam and Title) \lohn 7' 645ki n 5 c.re f Gar e-1 5 fkl (3iM 6e STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared )21 a,�Q 9oleh the f Duke Realty Limited Partnership "Grantor who acknowledged the execution of the foregoing "GRANT OF RIGHT -OF -WAY" as his/her voluntary act and deed. 1ND1 1\\ Witness my hand and Notarial Seal this /3. day of 199 2 NOTARY PUBLIC LINDA RUTH PHILLIPS NOTARY -STATE OF INDIANA 1CIy i cpi Expires: 0 64, This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. [cb:rroword:c: dhill\ ikc.doc:3 /11/99] 2 Printed HAMILTON COUNTY ISSION EXPIRES 2 -25 -2000 My County of Residence: WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel, Indiana, its Grant of Right -Of -Way "Grant which Grant is hereinabove set forth; and WHEREAS, the City of Carmel, Indiana, is of the opinion that said Grant is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, accepts the Grant and orders that the Grant be recorded in the Recorder's Office of the County of Hamilton, State of Indiana. "GRANTEE" CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety Billy Wa cer, Member Date: 8.5949 ATTES Ieb:msword: \hill \duke.doc:5 /I I/991 ACCEPTANCE Diana Cordra �C, Cler reasurer Date: S�l This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. 3 EXHIBIT A PAGE 1 OF 2 A LAND BOUNDARY DESCRIPTION FOR RIGHT -OF -WAY DEDICATION FOR PENNSYLVANIA STREET AT HAMILTON CROSSING EAST HAMILTON COUNTY, INDIANA FEBRUARY 2, 1999 A part of the Southwest Quarter of Section 26 and a part of the Northwest Quarter of Section 35, all in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northeast corner of the Northwest Quarter of said Section 35; thence South 88 degrees 59 minutes 30 seconds West 35.00 feet to the west 35 -foot right -of -way line of Pennsylvania Street as described in the deed to the City of Carmel recorded in Book 4, page 697 in the Office of the Recorder of Hamilton County and the POINT OF BEGINNING of this description: thence South 00 degrees 07 minutes 31 seconds East 328.27 feet along said west 35 -foot right -of -way line to a northern line of the land described in the deed to Duke Realty Limited Partnership, recorded in Instrument number 95 -1297 in said Recorder's office; thence North 88 degrees 59 minutes 30 seconds East 35.00 feet along said northern line to the east line of the Northwest Quarter of said Section 35; thence South 00 degrees 07 minutes 31 seconds East 651.74 feet along said east line to the southem line of said Duke Realty Limited Partnership land; thence South 88 degrees 46 minutes 31 seconds West 45.01 feet along said southern line; thence North 00 degrees 07 minutes 31 seconds West 980.86 feet along a line 45.00 feet west of and parallel with the east line of said quarter section; thence North 00 degrees 10 minutes 07 seconds West 201.26 feet along a line 10.00 feet west of and parallel with the west 35 -foot right -of -way line of said Pennsylvania Street to the northern line of said Duke Realty Limited Partnership land; thence North 89 degrees 54 minutes 47 seconds East 10.00 feet along said northern line to the west 35 -foot right -of -way line of said Pennsylvania Street; thence South 00 degrees 10 minutes 07 seconds East 201.78 feet along said west line to the point of beginning and containing 0.795 acres, more or less. The bearings in this description are based upon the east line of the Northwest Quarter of Section 35 having a bearing of South 00 degrees 07 minutes 31 seconds East. EXHIBIT A PAGE 1 OF 2 \\INDY\S RVLN\S V\PROJECTS\5 5 879\DESC\penn -rw. doc Prepared by Woolpert I.I.P 2/2/99 10:00 AM 0 200 400 EXHIBIT A PAGE2OF2 RIGHT-OF-WAY DEDICATION FOR PENNSYLVANIA STREET HAMILTON CROSSING EAST HAMILTON COUNTY, INDIANA 126th STREET d w w 1- a a- N c w H (7) J I- z J Z Q w cc w Y 0 EXHIBIT A PAGE2OF POINT OF BEGINNING .2 W M Cr z .z w03 z o o t wM F- Z LLI N w 1- H V3 Q Z h Q v J V) Z Z w CL V OLPERT Nil WOOLPERT LLP 7140 WALDEMAR DRIVE INDIANAPOLIS. INDIANA 46268 -4192 ph. 317.299.7500 fax 317.291.5805 PROJECT NO. 55879 CLIENT: DUKE REALTY UMITED PARTNERSHIP DATE 2/2/99 DR. TSE CK0. RCW NO. DATE REVISIONS G \A1s00.41C 5387'ADOC1 av FEB 02. r999 QRJr:Jr