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96th/Springmill - Duke RealtyDEDICATION DEED OF PUBLIC RIGHTS -OF -WAY T HIS INDENTURE WITNESSETH: APPROVED AS TO FORM BY That DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership (the "Grantor the fee simple owner(s) of the following described real property "Property described in attached Exhibit A, incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby conveys and specially warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title, and interest in the Property, to the City of Carmel, Indiana "Grantee subject to all matters of record, except monetary liens, for the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor will warrant and defend title to the Property, only against the acts of Grantor and those claiming by, through or under Grantor, and not otherwise. This conveyance of real estate is not subject to Indiana gross income tax. IN WITNESS WHEREOF, Grantor has executed this Instrument on the 7 4'- day of (�}'1a>'C 2006. "GRANTOR" DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership By: Duke B Ity Corporati o n Ind orporati n, its general partner Prfed: 1/1 t� e U' �,L Title: e. 1-1 V i L.2 I t'€ G vv.! STATE OF INDIANA COUNTY OF min ty• Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above solely and in said capacity and acknowledged executing the foregoing Dedication and Deed of Public Right -of -Way. y� r r Witness hand and Notaria Seal this day of I' 1 Notary Public J na L. 6610 t In Notary Public (printed) MY COMMISSION EXPIRES: 5. 3 0 O COUNTY OF RESIDENCE: f oe) Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032. f:\real estate\indiana office \parkwood west \drip dedication and deed.doc 2/22/2006 12:57 PM 2006 7 ,r f y,Nrtndtfttrry r•, 0r1 ty t; 0 V.•: 200600018041 Fi led for Record in HAMILTON COUNTY? INDIAPIA JENNIFER J HAYDEN 04 -04 -2006 At -02 :31 Pm. RT OF WAY 17.00 SO ORDERED: ATTEST: City arme BO OF PUBLIC WORKS SAFETY ACCEPTANCE OF DEDICATION DEED OF PUBLIC RIGHTS -OF -WAY WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana "City its Dedication and Deed of certain real property "Property to the City for the purpose of establishing City rights -of -way, which Dedication and Deed is attached hereto and incorporated herein as Exhibit "A" hereinabove set forth; AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and necessary and in the City's best interests; NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts said Dedication and Deed, and orders that the Instrument of Dedication and Deed described herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said described real property be, and the same hereby is, declared open and dedicated to the City. CITY Date- Mary Ann urke Date- Lori Wats Date CARMEL BOARD OF PUBLIC WORKS SAFETY es Brainard, Mayor i5- oh aiuda CiNau.) Diana L. Cordray, IAMC, Clerk Treasurer.: Date: v/r s /(j Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 c;, ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 2400'" EXHIBIT A PAGE 1 OF 2 A LAND BOUNDARY DESCRIPTION OF 96 STREET RIGHT -OF -WAY DEDICATION OVER A PORTION OF THE LANDS OF DUKE REALTY L.P. HAMILTON COUNTY, INDIANA MAY 10, 2005 A part of the Southwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: BEGINNING at the southwest corner of said quarter section; thence North 00 degrees 19 minutes 36 seconds East 304.63 feet along the west line of said quarter section; thence South 89 degrees 40 minutes 24 seconds East 25.00 feet to the existing half right -of -way line of Spring Mill Road; thence North 05 degrees 38 minutes 21 seconds East 162.01 feet along the exiting right -of -way line as described in the deed to the State of Indiana recorded as Instrument number 91- 15174 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 19 minutes 36 seconds West 248.25 feet along a line 40.00 feet easterly and parallel with the west line of said quarter section; thence South 19 degrees 48 minutes 47 seconds East 20.33 feet; thence South 36 degrees 38 minutes 16 seconds East 74.10 feet; thence South 64 degrees 27 minutes 44 seconds East 81.08 feet; thence South 84 degrees 08 minutes 57 seconds East 237.91 feet; thence South 88 degrees 20 minutes 21 seconds East 99.16 feet; thence North 89 degrees 24 minutes 04 seconds East 1,303.65 feet to the westerly right -of -way line of U.S. 31 as described in the deed to the State of Indiana recorded as Instrument number 2001 -28753 in said Recorder's office; thence South 00 degrees 05 minutes 11 seconds West 28.11 feet along said westerly right -of -way line; thence North 89 degrees 14 minutes 58 seconds East 72.69 feet along the southerly line of said State of Indiana land; thence South 00 degrees 35 minutes 51 seconds East 43.68 feet along the westerly line of the land described in the deed to the State of Indiana recorded as Instrument number 91 -18558 in said Recorder's office to the south line of said Southwest Quarter; thence South 89 degrees 24 minutes 09 seconds West 1,878.09 feet along said south line to the POINT OF BEGINNING and containing 3.580 acres, more or less, inclusive of the present existing right -of -way which contains 1.096 acres, more or less, for a net additional taking of 2.484 acres, more or less. The bearings in this description are based upon the south line of said quarter section having a bearing of South -89 degrees 24 minutes 09 seconds West. EXHIBIT A PAGE 1 OF 2 G:1SV\Projects161518 96th Street Imp'Descriptions196th Street RW 1.doc 5/11/05 9:29 AM Prepared by Woolpert LLP LINE TABLE LINE LENGTH BEARING L1 162.01 N05'38'21 "E L2 25.00 589'40'24 "E 13 20.33 519'48'47 "E L4 74.10 S36'38' 16 "E L5 81.08 $64'27'44 7 L6 99.16 S88'20'21 "E L7 28.11 S00 L8 72.69 N89'14'58 "E L9 43.68 S00'35'51 "E 0 v 0 a m 4) 0 a o' a a) o) N 0 c v a E 4) 4) in i0 m 40 4 1 5 d 0 ti 0 200 EXHIBIT A PAGE 2 OF 2 DEDICATION OF RIGHT -OF -WAY OVER A PORTION OF THE LANDS OF DUKE REALTY LP. 400 HAMILTON COUNTY, INDIANA v `t S 0 8 .25' W 24.25' SPRING MILL ROAD 11 WEST LINE SW 1/4 SEC. 11, T 11 N, R 3 1 a STATE OF INDIANA INSTR. NO. 91 -15174 U.S. 31 (MERIDIAN STREET) STATE OF INDIANA PROJECT IM- 465- 4(351) CODE 4217 L9 INSTR. NO. 2001 -28753 INSTR. NO. 91 -18558 R/W DEDICATION 3.580 ACRES GROSS to 0 0 0) rn to V) \-SE CORNER SW 1/4 SEC. 11, T 17 N, R 3 E CC z 0 P .0.8. SW CORNER SW 1/4 SEC. 11, T 17 N, R 3 E MOM WOOLPERT LLP V NIP 7140 Waldemar Drive litii Indianapolis, Indiana 46268-4192 317.299.7500 WOOLPERT FAX: 317.291.5805 CONTRACT No. 61518.01 DRAWING FILE; 96TH STREET RW 1.dwg DATE 05 -10-05 DR. TSE CKO. JRH NO. DATE REVISIONS