Carmel Drive - D&J Leasing(6-23 ti3
LIMITED WARRANTY DEED
THIS INDENTURE WITNESSETH, That D J LEASING CO.. LLC. an Indiana limited liability
company "Grantor grants, conveys, bargains and sells to The City of Carmel "Grantee for the sum of
Four Thousand One Hundred and No /100 Dollars ($4,100.00) 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: $4,100.00 Damages: NONE Total Consideration: $4,100.00
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.
The undersigned person executing this deed on behalf of Grantor represents and certifies that he has
been duly authorized and fully empowered, by proper action of the governing body of Grantor, to execute this
deed.
N WITNESS WHEREOF, Grantor has caused this deed to be executed this day of
2003.
GRANTOR: D J LEASING Co., LLC, an Indiana limited liability company
By:
Printed:
Title:
e P. A/71
200400050
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
07 -20 -2004 At 12:49 pm.
WARR DEED 20.00
DULY ENTERED FOR TAXATION G.
Subject to final acceptance for transfer
__DP _day of_ 20p _V
e lo-rt r.„ h 722.L1.c> Auditor of Hamilton County
Parcel R/)
STATE OF
OF 4aw.1 '�'ay.
,Before me the undersigned, a otary Public in and for said County and State, personally appeared
0∎ i 4- rc9 a zrc
rl4k., 0Z n Iianzdb known to be the M ew.b?r of
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 o2gday of v� 2003.
My Comipissign Expires:
P.3/07
County of Residence:
/461Yh► \?'o
SS:
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
Notary Public'
Printed
CrossRoad Engineers Fax :317- 780 -6525 Jul 29 '03 9:43 P.2
Exhibit "A"
Project No.: 03-01
Parcel No.: 4
FART OF THE EAST HALF OF SECTION 36, TOWNS}t1P 18 NORTH, RANGE 3 EAST IN
HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Cotmnenrinng at the Northeast corner of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East;
Thence South 00 degrees 00 minutes 00 seconds East (assumed bearing), along the East line of said
Northeast Quarter, a distance of 1188.00 feet;
Thence South 89 degrees 27 minutes 30 seconds West a din:Ince of 2461.54 feet;
Thence South 00 degrees 02 minutes 00 seconds West a distance of 1965.56 feet to the South line
of Carmel Drive;
Thence South 85 degrees 00 minutes 00 seconds East, a1og3 the South Line of said Carmel Drive, a
distance of 765.98 feet to the Northwest Comer of ;a panel conveyed to D 6t 3 Leasing co.,
LLC as descn'bed is Instrument No. 2001- 00045472 of the reds on file in the Office of
the Hamilton County Recorder,
Thence continuing South 85 degrees 00 minutes 00 second:, East, along the South line of said
Cannel Drive and along the North Line of said pare 1, a distance of 114.50 feet to the
PLACE OF BEGINNING;
Thence continuing South 85 degrees 00 minutes 00 seconds East, along the South line of said
Carmel Drive and along said North Line of said parcel, a distance of 60.00 feet to the
Northeast Corner of said parcel;
Thence South 00 degrees 24 minutes 46 seconds West, along the East Line of said parcel, a
distance of 10.03 feet;
Thence North 85 degrees 00 minutes 00 seconds West, parallel to the aforesaid South Line of
Carmel Drive, a distance of 60.80 feet;
Thence North 05 degrees 00 minutes 00 seconds East a distance of 10.00 feet to the PLACE OF
BEGINNING.
CONTAINING 0,014 ACRES MORE OR LESS.
I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify
that this legal description was prepared by me on June 13, 2003, from the current deed record of the
property described and from road plans prepared by CrossRoad Engineers, P.C. for the City of
Carmel Project No. 03 -01. I further certify that to the best of my belief and knowledge this
description is in accordance with Title 865, Article I, Rule 12 of the Indiana Administrative Code.
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
oauhun, 4
WAS 29ea0021
STATE C
A
ttn
PARCEL #4
PROJECT NO.: 03 -01
ROAD NO. CARMEL DRIVE WEST OWNER D J LEASING CO., LLC
COUNTY HAMILTON INST. 2001- 00045472
ADDITION: N/A DATE: 7 -24 -2001
SECTION: 36 .ENE COR
TOWNSHIP: 18N 1 NE 1/4
RANGE: 3 EAST SEC. 36
T18N, R3E
S 00'00'00" E
1188.00'
S 89'27'30' W
o 2461.54'
N L
P cD
0 6
0
S 58 00 '00" E
765.98'
SOUTH R/W
CARMEL DR.
EXISTII
EASEM
OF INC
TELEPt-
IN ST.
G 15' UTILITY
=NT IN FAVOR
ANA BELL
ONE, INC.
3 -13123
CO
EXHIBIT B'
This plat was prepared from information obtained
from the Recorders office and from pions prepored
by CrossRoad Engineers. P.C. doted April. 2003 for
th City of Carmel (Project No. 03 -01) and was not
necessarily checked by a field survey.
P.O.B.
CARMEL DRIVE
S 8 5'00'00" E
114.50
N 05'00'00" E
10.00'
D J LEASING CO., LLC
PROPOSED
R/W GRANT
0.014 AC.±
INST. #2001- 00045472
40'
HATCHED AREA IS THE
APPROXIMATE TAKING
S 8 5'00'00" E
60.00'
N 85'00'00 W
60.80'
N
I STE 0
No. 29600021
STATE OF
ND I
sUR
DRAWN BY SF 05 -30 -03
CHECKED BY TEN 05 -30 -03
SCALE 1" 40'
SCALE: 1 40'
S 00'24'46" W
10.03'
_Westerly R/W
L N (Monon Division) Railroad
PREPARED BY:
055R
ENGINEERS:4P[
Transportation
Development Consultants
3417 S. SHERMAN 08.
BEECH GROVE, IN 46107 (317)780 -1555
2684t88g8gt
PARTIAL RELEASE OF COLLATERAL INSTRUMENTS
This is to certify that, for value received, the following collateral instruments executed by
and D J LEASING CO., LLC, an Indiana limited liability company, having its principal
place of business at 401 West Carmel Drive, Carmel, Indiana 46032, to and for the benefit of
FIFTH THIRD BANK, an Ohio banking corporation, having its principal place of business at
38 Fountain Square Plaza 45263 recorded in the Office of the Recorder of Hamilton County,
Indiana, are hereby released and satisfied solely as to the real estate described on Exhibit A
attached:
(a) Open -End Mortgage dated March 7, 1997, which Mortgage was recorded March
14, 1997 as Instrument No. 9709709435 in the Office of the Recorder of
Hamilton County, Indiana, as amended by that certain First Modification of
Mortgage and Other Security Documents dated July 13, 2001 and recorded July
24, 2001 as Instrument No. 200100045473 in the Office of the Recorder of
Hamilton County, Indiana, and as further amended by that certain Assignment
and Second Modification of Mortgage and Other Security Documents dated April
1, 2003 and recorded 4r- 7 2003 as Instrument No.
2003 39.2 S3 in the Office of the Recorder of Hamilton County,
Indiana; and
(b) Assignment of Leases and Rents dated March 9, 1992, which Assignment was
recorded March 17, 1992 as Instrument No. 9209243 in the Office of the
Recorder of Hamilton County, Indiana, as amended by that certain First
Modification of Mortgage and Other Security Documents dated July 13, 2001 and
recorded July 24, 2001 as Instrument No. 200100045473 in the Office of the
Recorder of Hamilton County, Indiana, and as further amended by that certain
Second Modification of Mortgage and Other Security Documents dated April 1,
2003 and recorded /J r- 7/ 2003 as Instrument No.
c5 o 3 3 9 vz s 3 in the Office of the Recorder of Hamilton County,
Indiana.
This Partial Release applies only to the real estate described on Exhibit A attached and
the above mentioned collateral instruments shall remain in full force and effect as against all of
the real estate described therein except the real estate herein released.
200400050561
Filed for Record in
HAMILTON COUNTY,
N
07 —L0 -2004 At 12:49 pm.
PT RELEASE 16.00
IN WITNESS WHEREOF, FIFTH THIRD BANK has caused this instrument to be
executed this agt of Raja).* 2003.
My County of Residence: NAM Z- t- TO
My Commission Expires: 5- 0
This Instrument Prepared By:
Bradley S. Fuson
Krieg DeVault LLP
One Indiana Square, Suite 2800
Indianapolis, Indiana 46204 -2017
(317) 636 -4341
IM- 485075_1.DOC
FIFTH THIRD BANK
By: 1t
Printed:
Title:
Witness my hand and Notarial Seal this 28th day of August, 2003.
PETER B. MACK
VICE PRESIDENT
FIFTH THIRD BANK
STATE OF OHIO
SS:
COUNTY OF /if}M_L[.7o r
Before me, a Notary Public in _And for said County and State, personally appeared
PETE 13. M Ac the Uz E PRES .r 0E o f' Fifth Third Bank, an Ohio banking corporation, who
acknowledged the execution of the above and foregoing Partial Release of Collateral Instruments
on behalf of such entity.
Signature
Printed lA R?' /3. roRirr7
MARY B. MORAND
I. Notary Public,State of Ohio
My Commission Expires May B, 2005
u uw\uau r=ny ineer's r dx•Ji r rou oJLJ
Project No.: 03 -01
Parcel No.: 4
Exhibit "A"
PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST IN
HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONTAINING 0.014 ACRES MORE OR LESS.
Jul LJ VJ
Commencing ing at the Northeast comer of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East;
Thence South 00 degrees 00 mates 00 seeonda East (assumed bearing), along the East line of said
Northeast Quarter, a distance of 1188.00 feet;
Thence South 89 degrees 27 muautrs 30 seconds West a distance of 2461.54 feet;
Thence South 00 degrees 02 minutes 00 seconds We a dutance of 1965.56 feet to the South line
of Carmel Drive;
Thence South 85 degrees 00 notes 00 seconds East, a1o4; the South ]Line of said Carmel Drive, a
distance of 765.98 feet to the Northwest Corner of a parcel conveyed to D I Lasing co.,
LLC as described in Instrument No. 2001 00045472 of the records on file in the Office of
the Hamilton County Recorder,
Thence continuing South 85 degrees 00 minutes 00 seconds East, along the South line of said
Carmel Drive and along the North Line of said pared, a diromce of 114.50 feet to the
PLACE OF BFC3IIZNINO;
Thence continuing South 85 degrees 00 minutes 00 :seconds East, along the South line of said
Carmel Drive and along said North Line of said parcel, a distance of 60.00 feet to the
Northeast Core of said parcel;
Thence South 00 degrees 24 minutes 46 seconds West, along the East Line of said parcel, a
distance of 10.03 fed;
Thence North 85 degrees 00 minutes 00 seconds West, parallel to the aforesaid South Line of
Carmel Drive, a distance of 60.80 feet;
Tlaence North 05 degrees 00 minutes 00 seconds East a distance of 1000 fed to the PLACE OF
BEGINNING.
I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Iauti *na, do hereby certify
that this legal description was prepared by me on June 13, 2003, from the current deed record of the
property described and from road plans prepared by Crosd:oad Engine as, P.C. for the City of
Carmel Project No. 03 -01. I further certify that to the best of my belief and knowledge this
description is in accordance with Title 865, Article L Rule 1 of tho Indiana Administrative Code.
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
i4Yi+ V9,1
3, No. L8ISMOZI
STATE t
r.
PROJECT NO 03-01
ROAD NO. CARMEL DRIVE WEST OWNER D J LEASING CO., LLC
COUNTY HAMILTON INST. 7001-00045172
ADDITION: N/A DATE: 7-24-7001
SECTION: 36 NE C0R
T0�MSU|P: 18N NE 1/4
RANCE: 3 EAS| SEC. 36 I HATCHED AREA IS THE
T18N, R3E
APPROXIMATE TAKING
(1
SO9�73T W
���o
2461.54'
m
c,
m
o,
S 8 5'00'00^ E
765.98'
SOUTH R/W
CARiv1EL DR.
mDn
I ASIA
m ow`
II 1111
m
3O0'0O'0O
1188.00'
N 05'00'0O
10.00'
PROPOSED
R/VY GRANT
0.014 AC.±
D J LEASING CO. LLC
INST. #2001-00045472
4 0'
CARMEL 00V[
S 85T0'00^ E
114.50
EXHIBIT B,
/ifi 01
,'o.ssl^./' ,c ow./~
m, of o^~~ 03- 01) ver,
^~'ec~",°~^~. o," '-m."°,
S O5IN'0o^
60.00'
E.G
29600021
ND |^Ap
DRAWN BY SF 05-38-03
CHECKED BY TEN 05-30-03
40
PREPARED BY:
S 00'24'45 W
10.03'
Werim|y VW
N (Motion |U,irkx`) |<"U/"
Transportation
"e Consultants
5 vvRM* DR
7317 01 mon114 46107 m7)780^555