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#18532v2 LIMITED WARRANTY DEED CARMEUsIa
DULY ENTERED FOR TAXATION
Sint to final acceptance for 9 r Li
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day of
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Auditor
Hamilton County
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Instrument 9809828789
9809828789 Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 05 -29 -1998 At 04:00 pm.
WARR DEED 34.00
LIMITED WARRANTY DEED
11 3
THIS INDENTURE WITNESSETH, that BEN MAR, LLC, an Indiana limited liability company "Grantor
CONVEYS AND WARRANTS, with limited warranty covenants, to THE CITY OF CARMEL, INDIANA, FOR
THE USE AND BENEFIT OF ITS DEPARTMENT OF REDEVELOPMENT "Grantee for valuable
consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton
County, Indiana:
See Exhibit "A"
Subject to the easements and restrictions set forth on Exhibit B, attached hereto and incorporated
herein by reference. Grantor shall pay all Real Estate Taxes and assessments assessed against the real
estate prior to the date hereof. Specifically, the Grantor agrees to pay any delinquent taxes, shall make the full
May, 1998, November, 1998, May, 1999, and November, 1999, tax payments, and shall pay the Moffitt
Williamson Legal Drain annual assessments for 1997, 1998 and 1999, as applicable. The Grantor hereby
certifies that there is no Indiana gross income tax due at this time as a result of this conveyance.
The warranty of title by Grantor is limited to a warranty against the acts of Grantor and those claiming
by, through or under Grantor during Grantor's period of ownership of the real estate, and not otherwise.
It is understood between the parties hereto and made a covenant herein which shall run with the land,
that the real estate herein described is conveyed in fee simple and not merely for right -of -way purposes, and
that no reversionary rights whatsoever shall remain in the Grantor.
The undersigned person executing this deed on behalf of Grantor represents and certifies that he is the
manager of Grantor and has been fully empowered, by proper resolution of the members of Grantor, to execute
and deliver this deed; that Grantor has full capacity to convey the real estate described herein; and that all
necessary action for the making of such conveyance has been taken and done.
IN WITNESS WHEREOF, Grantor has caused this deed to be executed this 29Mday of
aphl 1998.
Gary I. Linder, Manage{
STATE OF INDIANA
SS:
COUNTY OF MAQio/J
Before me, a Notary Public in and for said County and State, personally appeared Gary I. Linder, by me
known and by me known to be the Manager of Ben Mar, LLC, who being first duly sworn, has executed the
foregoing Limited Warranty Deed, for and on behalf of said limited liability company.
WITNESS my hand and Notarial Seal this 294 day of 1998.
/Notary P lic r/
My Commission Expires: My Coun
6A-(2,611-04
(Printed signature)
t 1 4
Barbara G. Zike
Notary Public
y ofd Qetion: 4/1/08
County of Residence: Marion
Send Tax Statements to: Ben Mar, LLC, 8555 North River Road, Suite 375, Indianapolis, Indiana 46240.
This Instrument prepared by and after recording return to: Elizabeth T. Young, Attorney at Law, Bose
McKinney Evans, 8888 Keystone Crossing, Suite 1500, Indianapolis, Indiana 46240.
EXHIBIT B
Permitted Exceptions
1. Rights of the public to ingress and egress for roadway purposes.
2. Rights of way for drainage tiles, ditches, feeders and laterals, if any.
3. Rights of the public, the State of Indiana and the municipality in and to that part of the
premises taken or used for road purposes.
4. Right of way for drainage, flow and maintenance of The Moffit Williamson Legal Drain
together with an additional 75 foot right of way as provided by IC 36- 9- 27 -33.
5. Easement for ingress and egress as set out in Warranty Deed dated January 29, 1982
and recorded February 5, 1982 in Easement book 329, page 519, as Instrument #31221.
6. Easement granted to Public Service Company of Indiana, Inc. by Instrument dated
February 7, 1983 and recorded February 18, 1983 in easement Book 1, page 59, as Instrument #83-
1462 and Book Record 1, page 62, as Instrument #83 -1463.
7. Covenants and easements as set out in Roadway Easement dated July 27, 1983 and
recorded August 1, 1983 in Easement Book 1, page 300, as Instrument #83 -8843.
8. Easement granted to Indiana Gas Company, Inc. by Instrument dated November 23,
1977 and recorded November 27, 1977 in Book 301, page 60, as Instrument #6831 and partial
release dated May 4, 1979 and recorded May 7, 1979 in Book 312, page 45, as Instrument #5487.
9. Covenants and easements as set out in Roadway Easement dated April 12, 1982 and
recorded April 16, 1982 in Book 330, page 297, as Instrument #33125.
10. Easement granted to Woodland County Club, Inc. for the transmission of sewage as set
out in Easement dated March 20, 1978 and recorded March 22, 1978 in Book 303, page 98, as
Instrument #11287.
11. Easement granted to Indiana Bell Telephone Company, Incorporated by Instrument
dated January 22, 1968 and recorded January 25, 1968 in Book 218, page 22, as Instrument
#11579.
12. Easement granted to Public Service Company of Indiana, Inc. by Instrument dated
January 21, 1972 and recorded April 14, 1972 in Book 255, page 313, as Instrument #15870.
13. Easement granted to Public Service Company of Indiana, Inc. by Instrument dated July
12, 1973 and recorded August 8, 1973 in Book 268, page 167, as Instrument #5995.
14. Easement granted to Public Service Company of Indiana, Inc. by Instrument dated
August 27, 1973 and recorded September 13, 1973 in Book 269, page 131, as Instrument #7350.
15. Easement for roadway and utility purposes granted to Wendy's International, Inc. as set
out in Easement dated July 6, 1979 and recorded July 11, 1979 in Book 313, page 557, as
Instrument #9098.
16. Terms and provisions of an Agreement Between the Town of Carmel and Keystone set out in Instrument
Square Company for Sewer and Water Service within the Book 97, p 150, as Instrument #6339
dated February 14, 1967 and recorded April 5,
17. Provisions and Limitations contained in the Merchants Square Economic Development
Area of the Carmel Redevelopment Commission County,
recorded February 26a 1998, as
26,
1998, as Instrument #98 -9041 and Amendment to Resolution
Instrument #98 -9042.
18. Terms and provisions of a Taxpayer Agreement dated March 9, 1998 and recorded
March 10, 1998, as Instrument #98- 11589.
19. Terms, Restrictions and Agreements as set out in Agreement for Rescission and
Cancellation and Restatement dated October 28, 1975 and recorded November 17, 1975 in Book
147, page 560, as Instrument #4558 and December and recorded December Rescission
and as
and Cancellation and Restatement dated Cember
Instrument #96- 52782.
20. Easement for sanitary sewer granted to the City of Carmel as set out in Declaration of
Easement dated December 20, 1989 and recorded July 3, 1991, as Instrument #91- 16458.
21. Easement set out in Non Exclusive Easement asrin sru #6864 dated August 8, by
1972 and recorded August 14, 1972 in Book 260, page 92,
"Amendment" dated August 8, 1972 and recorded October 12, 1973 in Book 269, page 646, as
Instrument #8461.
22. Rights of tenants under unrecorded leases as tenants only.
23. The lien of real estate taxes not yet due and payable.
24. Moffitt Williamson Legal Drain annual assessments not yet due and payable.
EXHIBIT A
LEGAL DESCRIPTION FOR ADDITIONAL RIGHT -OF -WAY
FOR 116TH STREET
Part of the South Half of Section 31, Township 18 North, Range e 4
East of Clay Township, Hamilton County, Indiana, described
follows:
Beginning at a point on the South line of the South Half of Section
31, Township 18 North, Range 4 East that
measured. North 89 degrees 50 minutes 15 seconds East (assumed
bearing) on the South line of said South Half from the Southwest
corner of said Section 31; thence North 89 degrees 50 minutes 15
seconds East on said South line 534.20 feet to a point on the
Westerly line of real estate conveyed to the State of Indiana for
right -of -way of 116th Street, said point being 750.00 feet South 89
degrees 50 minutes 15 seconds West of Station 495 +37.8 on the
centerline of Indiana State Road 431; thence North 00 degrees 10
minutes 00 seconds West on the Westerly line of said real estate
19.00 feet; thence North 75 degrees 16 minutes 00 seconds East on
a Northerly line of said real estate 103.30 feet; thence North 89
degrees 01 minute 00 seconds East on a Northerly line of said real
estate 0.85 (85 hundredths) foot to a point that is 45.00 feet North
00 degrees 09 minutes 45 seconds West of the South line of said
South Half; thence South 89 degrees 50 minutes 15 West
parallel with said South line 635.02 feet to a point o n a line that
bears North 00 degrees 09 minutes 45 seconds West from he East
of beginning; thence South 00 degrees 09 minutes 45 seds
on said line 45.00 feet to the place of beginning, containing 0.582
acre, more or less.
Subject to all legal easements and rights -of -way.
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LEGAL DESCRIPTION OF EXISTING INGRESS EGRESS EASEMENT
Part of the South Half of Section 31, Township 18 North, Range 4 East in
Clay Township Hamilton County, Indiana, described as follows:
Commencing on the South line of the South Half of Section 31, Township 18
North, Range 4 East, North 89 degrees 50 minutes 15 seconds East (assumed
bearing) 2313.00 feet from the Southwest corner thereof; thence North 00
degrees 09 minutes 45 seconds West 866.00 feet; thence parallel with the
South line of said Half Section, North 89 degrees 50 minutes 15 seconds East
258.43 feet; thence North 00 degrees 09 minutes 45 seconds West 299.72 feet;
thence parallel with the South line of said Half Section, South 89 degrees 50
minutes 15 seconds West 135.07 feet; thence North 00 degrees 09 minutes 45
seconds West 312.00 feet to the POINT OF BEGINNING; thence continuing
North 00 degrees 09 minutes 45 seconds West 451.29 feet to the South right
of-way line of Carmel Drive; thence on the said right -of -way line, North 89
degrees 55 minutes 00 seconds East 24.00 feet; thence South 00 degrees 09
minutes 45 seconds East 451.26 feet; thence parallel with the South line of
said Half Section, South 89 degrees 50 minutes 15 seconds West 24.00 feet to
the place of beginning, containing 0.249 acre, more or less.
Subject to all legal easements and rights -of -way.
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LEGAL DESCRIPTION FOR RIGHT -OF -WAY OF PROPOSED
"STREET A"
Part of the South Half of Section 31, Township 18 North, Range 4
East in Clay Township, Hamilton County, Indiana, described as
follows:
Commencing at the Southwest corner of Section 31, Township 18
North, Range 4 East; thence North 89 degrees 50 minutes 15
seconds East (assumed bearing) on the South line of the South
Half of said Section 31, a distance of 2313.00 feet; thence North 00
degrees 09 minutes 45 seconds West 45.00 feet; thence North 89
degrees 50 minutes 15 seconds East parallel with said South line
82.00 feet; thence North 45 degrees 09 minutes 45 seconds West
31.11 feet; thence North 00 degrees 09 minutes 45 seconds West
160.00 feet to the PLACE OF BEGINNING of the within described
real estate; thence North 06 degrees 44 minutes 16 seconds West
96.97 feet to a Southwesterly corner of real estate conveyed to
Mundy Realty, Inc., per a Warranty Deed recorded as Instrument
Number 9749655 in the Office of the Recorder of Hamilton
County, Indiana;(the following seven courses are on the Southerly
line of said real estate) 1.) thence North 89 degrees 44 minutes 30
seconds East 11.50 feet to the point of curvature of a curve to the
right, the radius point of which lies 4.50 feet South 00 degrees 15
minutes 30 seconds East from said point of curvature; 2.) thence
Southeasterly, curving to the right on said curve, an arc distance
of 7.07 feet to the point of tangency of said curve at a point that is
4.50 feet North 89 degrees 44 minutes 30 seconds East of the
radius point of said curve; 3.) thence South 00 degrees 15 minutes
30 seconds East 12.69 feet; 4.) thence North 89 degrees 44 minutes
30 seconds East 173.50 feet to the point of curvature of a curve to
the right, the radius point of which lies 4.50 feet South 00 degrees
15 minutes 30 seconds East from said point of curvature; 5.)
thence Southeasterly, curving to the right on said curve, an arc
distance of 7.07 feet to the point of tangency of said curve at a
point that is 4.50 feet North 89 degrees 44 minutes 30 seconds
East of the radius point of said curve; 6.) thence South 00 degrees
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15 minutes 30 seconds East 13.50 feet; 7.) thence North 89 degrees
44 minutes 30 seconds East on the Southerly line of said real
estate and the Easterly prolongation thereof, a total distance of
447.05 feet; thence South 89 degrees 36 minutes 53 seconds East
72.00 feet to a point on a line that is 288.52 feet North 00 degrees
09 minutes 45 seconds West of the South line of the South Half of
said Section 31, said line being also the Westerly prolongation of
the Northerly right -of -way of a street known locally as Keystone
Way East, as said right -of -way was dedicated to the City of
Carmel, Indiana, per a document titled "Acknowledgment of
Dedication and Acceptance recorded as Instrument Number 3688
on pages 493 through 497 of Miscellaneous Record 159 in said
Recorder's Office; thence North 89 degrees 50 minutes 15 seconds
East on said Westerly prolongation of said right -of -way line,
measured parallel with said South line 73.00 feet to the
intersection of said dedicated Northerly right -of way line with a
line that bears North 00 degrees 09 minutes 45 seconds West from
a point on the South line of said South Hall that is 3148.00 feet
East of the Southwest corner of said Section 31; thence South 00
degrees 09 minutes 45 seconds East on said line 41.02 feet; thence
South 89 degrees 50 minutes 15 seconds West parallel with said
South line 592.00 feet; thence South 00 degrees 09 minutes 45
seconds East 6.75 feet to a line that is 240.75 feet North of the
South line of said South Half; thence South 89 degrees 50 minutes
15 seconds West parallel with said South line 170.00 feet to a
point on a line that bears North 43 degrees 13 minutes 53 seconds
East from the place of beginning; thence South 43 degrees 13
minutes 53 seconds West on said line 18.92 feet to the place of
beginning, containing 0.853 acre, more or less.
Subject to all legal easements and rights -of -way.
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LEGAL DESCRIPTION FOR RIGHT -OF -WAY OF PROPOSED
"STREET B"
Part of the South Half of Section 31, Township 18 North, Range 4
East in Clay Township, Hamilton County, Indiana, described as
follows:
Commencing at the Southwest corner of Section 31, Township 18
North, Range 4 East; thence North 89 degrees 50 minutes 15
seconds East (assumed bearing) on the South line of the South
Half of said Section 31, a distance of 2313.00 feet; thence North 00
degrees 09 minutes 45 seconds West 45.00 feet; thence North 89
degrees 50 minutes 15 seconds East parallel with said South line
82.00 feet; thence North 45 degrees 09 minutes 45 seconds West
31.11 feet; thence North 00 degrees 09 minutes 45 seconds West
160.00 feet thence North 06 degrees 44 minutes 16 seconds West
96.97 feet to a Southwesterly corner of real estate conveyed to
Mundy Realty, Inc., per a Warranty Deed recorded as Instrument
Number 9749655 in the Office of the Recorder of Hamilton
County, Indiana; thence North 00 degrees 15 minutes 30 seconds
West on the Westerly line of said real estate 316.30 feet; thence
South 89 degrees 44 minutes 30 seconds West on said line 6.10
feet; thence North_00 degrees 15 minutes 30 seconds West on said
Westerly line and the Northerly prolongation thereof, a total
distance of 313.30 feet; thence North 15 degrees 01 minute 43
seconds East 31.38 feet; thence North 27 degrees 17 minutes 26
seconds East 235.11 feet to a point on a line that is 35.00 feet East
of and parallel with the East line of real estate conveyed to
Hoosier Motor Club, per a Warranty Deed recorded on pages 519
and 520 of Deed Record 329 in the Office of the Recorder of
Hamilton County, Indiana; thence North 00 degrees 09 minutes 45
seconds West on said line 225.88 feet to the PLACE OF
BEGINNING of the within described real estate; thence
continuing North 00 degrees 09 minutes 45 seconds West 60.00
feet to the Southerly line of real estate conveyed to Roy P. Scheid,
per a Warranty Deed recorded on page 54 of Deed Record 338 in
said Recorder's Office; thence North 89 degrees 50 minutes 15
5 of 8
seconds East on the Southerly line of said real estate and the
Easterly prolongation thereof, a total distance of 432.00 feet;
thence South 45 degrees 48 minutes 47 seconds East 142.00 feet;
thence South 58 degrees 02 minutes 27 seconds East 247.00 feet;
thence North 68 degrees 05 minutes 48 seconds East 41.89 feet;
thence North 22 degrees 21 minutes 21 seconds East 9.01 feet to a
point on the Northwesterly prolongation of the Southwesterly
right -of -way line of a street known locally as Keystone Way East,
as said right -of -way was dedicated to the City of Carmel, Indiana,
per a document titled "Acknowledgment of Dedication and
Acceptance", recorded as Instrument Number 3688 on pages 493
through 497 of Miscellaneous Record 159 in said Recorder's Office;
thence South 34 degrees 00 minutes 28 seconds East on said
prolongated line and said right -of -way line, a total distance of
248.42 feet; thence North 56 degrees 04 minutes 13 seconds West
128.31 feet; thence South 72 degrees 04 minutes 13 seconds West
38.14 feet; thence North 56 degrees 04 minutes 13 seconds West
51.47 feet; thence North 17 degrees 48 minutes 57 seconds West
48.70 feet to a point on a line that is 50.00 feet Southwesterly of
and parallel with the aforesaid line having a course of South 58
degrees 02 minutes 27 seconds East 247.00 feet; thence North 58
degrees 02 minutes 27 seconds West 213.28 feet; thence North 45
degrees 48 minutes 47 seconds West 149.23 feet; thence North 67
degrees 59 minutes 16 seconds West 38.54 feet to a point on a line
that is 40.00 feet South of and parallel with the aforesaid Easterly
prolongation of the Southerly line of the real estate described on
page 54 of Deed Record 338; thence South 89 degrees 50 minutes
15 seconds West on said line 385.00 feet to a point on a line that
bears North 44 degrees 50 minutes 15 seconds East from the place
of beginning; thence South 44 degrees 50 minutes 15 seconds West
on said line 21.21 feet to the place of beginning, containing 1.184
acres, more or less.
Subject to all legal easements and rights -of -way.
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LEGAL DESCRIPTION FOR RIGHT -OF -WAY OF PROPOSED
"AAA" WAY DRIVE
Part of the South Half of Section 31, Township 18 North, Range 4
East in Clay Township, Hamilton County, Indiana, described as
follows:
Commencing at the Southwest corner of Section 31, Township 18
North, Range 4 East; thence North 89 degrees 50 minutes 15
seconds East (assumed bearing) on the South line of the South
Half of said Section 31, a distance of 2313.00 feet; thence North 00
degrees 09 minutes 45 seconds West 45.00 feet to the PLACE OF
BEGINNING of the within described real estate; thence North 89
degrees 50 minutes 15 seconds East parallel with said South line
82.00 feet; thence North 45 degrees 09 minutes 45 seconds West
31.11 feet; thence North 00 degrees 09 minutes 45 seconds West
160.00 feet; thence North 06 degrees 44 minutes 16 seconds West
96.97 feet to a Southwesterly corner of real estate conveyed to
Mundy Realty, Inc., per a Warranty Deed recorded as Instrument
Number 9749655 in the Office of the Recorder of Hamilton
County, Indiana; thence North 00 degrees 15 minutes 30 seconds
West on the Westerly line of said real estate 316.30 feet; thence
South 89 degrees 44 minutes 30 seconds West on said line 6.10
feet; thence North 00 degrees 15 minutes 30 seconds West on said
Westerly line and the Northerly prolongation thereof, a total
distance of 313.30 feet; thence North 15 degrees 01 minute 43
seconds East 31.38 feet; thence North 27 degrees 17 minutes 26
seconds East 235.11 feet to a point on a line that is 35.00 feet East
of and parallel with the East line of real estate conveyed to
Hoosier Motor Club, per a Warranty Deed recorded on pages 519
and 520 of Deed Record 329 in the Office of the Recorder of
Hamilton County, Indiana; thence North 00 degrees 09 minutes 45
seconds West on said line 285.88 feet to the Southerly line of real
estate conveyed to Roy P. Scheid, per a Warranty Deed recorded
on page 54 of Deed Record 338 in said Recorder's Office; thence
South 89 degrees 50 minutes 15 seconds West 35.00 feet to the
Easterly line of the aforesaid Hoosier Motor Club real estate;
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thence South 00 degrees 09 minutes 45 seconds East on said
Easterly line 237.00 feet to the Southerly corner of said real
estate; thence South 30 degrees 25 minutes 01 second West 94.70
feet; thence South 26 degrees 00 minutes 42 seconds West 174.35
feet; thence South 15 degrees 01 minute 21 seconds West 62.14
feet; thence South 00 degrees 09 minutes 45 seconds East 328.75
feet to the Northerly line of real estate conveyed to First Indiana
Federal Savings Bank, per a Warranty Deed recorded on page 228
of Deed Record 268 in said Recorder's Office; thence South 42
degrees 09 minutes 00 seconds East on said line 26.91 feet to a
line that bears North 00 degrees 09 minutes 45 seconds West from
the place of beginning; thence South 00 degrees 09 minutes 45
seconds East on said line 549.00 feet to the place of beginning,
containing 1.767 acres, more of less.
Subject to all legal easements and rights -of -way.
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