Carmel Drive - Kirby, John/JeanDULY ENTERED FOR TAXATION
Subject to final acceptance fo ransfer
a day of_E_____., 20 0
,�P�►t -n 7 u Auditor of Hamilton County
Parcel -6 9 36 -TO- 00- 0 ,32 &ov
2°O2Q °f38d 8'
i e or ec ord in
HAMILTON' COUNTY, INDIANA
MARY L CLARK
05-29-2002 03:16 pm.
0 C DEED 18.00
THIS INDENTURE WITNESSETH, that John S. Kirby 111 and Jean H. Kirby,
"Grantors ")of 298 West Carmel Drive, Carmel, Indiana 46032, CONVEY AND QUIT
CLAIM to Kirby Park, LLC, an Indiana Limited Liability Company, as to an undivided 50%
interest, "Grantees for the sum of Ten Dollars ($10.00) and other valuable consideration,
the receipt of which is hereby acknowledged the following described real estate in the
County of Hamilton and State of Indiana, to wit:
PART OF THE EAST HALF OF SECTION 36,TOWNSHIP 18 NORTH. RANGE 3 EAST
IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON
COUNTY, INDIANA: THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS
(ASSUMED BEARING) ON AND ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER 1188.00 FEET; THENCE SOUTH 89 DEGREES 27 MINUTES 30 SECONDS
WEST 2461.54 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 00 SECONDS
WEST 1885.26 FEET TO THE NORTH LINE OF CARMEL DRIVE; THENCE SOUTH 85
DEGREES 00 MINUTES 00 SECONDS EAST (DEED) SOUTH 85 DEGREES 02
MINUTES 09 SECONDS EAST (MEASURED) ON AND ALONG SAID NORTH LINE
589.43 FEET (DEED) 989.89 FEET (MEASURED) TO THE PLACE OF BEGINNING OF
THIS TRACT, SAID POINT BEING ON THE EAST RIGHT -OF -WAY LINE OF 3RD
AVENUE S.W.; THENCE NORTH 05 DEGREES 00 MINUTES 00 SECONDS EAST ON
'VD ALONG SAID RIGHT -OF -WAY 60.00 FEET TO THE POINT OF CURVATURE OF
A CURVE TO THE RIGHT WITH A RADIUS OF 375.00 FEET, THE RADIUS POINT OF
WHICH BEARS SOUTH 85 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID
POINT OF CURVATURE; THENCE NORTHEASTERLY ON AND ALONG SAID RIGHT
OF -WAY LINE ON SAID CURVE, 261.80 FEET TO A POINT WHICH BE,4RS NORTH 45
DEGREES 00 MINUTES 00 SECONDS WEST FROM THE RADIUS POINT OF SAID
CURVE; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST ON AND
ALONG SAID RIGHT -OF -WAY LINE 95.14 FEET; THENCE SOUTH 63 DEGREES 07
MINUTES 55 SECONDS EAST 384.09 FEET TO THE WEST RIGHT -OF -WAY LINE OF
THE L N RAILROAD, SAID POINT BEING ON A CURVE WITH A RADIUS OF 1877.08
FEET, THE RADIUS POINT OF WHICH BEARS NORTH 63 DEGREES 07 MINUTES 55
SECONDS WEST FROM SAID POINT; THENCE SOUTHWESTERLY ON AND ALONG
?I
Doc# :337843.1 12163/22917
X/ Z7 T
QUIT CLAIM DEED
88281O8125
SAID RIGHT -OF -WAY ON SAID CURVE 394.00 FEET TO A POINT WHICH BEARS
SOUTH 51 DEGREES 06 MINUTES 2q SECONDS EAST FROM THE RADIUS POINT
OF SAID CURVE, SAID POINT ALSO BEING ON THE NORTH RIGHT -OF -WAY LINE OF
CARMEL DRIVE; THENCE NORTH 50 DEGREES 08 MINUTES 10 SECONDS WEST ON
AND ALONG SAID NORTH LINE 50.40 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE LEFT WITH A RADIUS OF 490.00 FEET, THE RADIUS POINT OF
WHICH BEARS SOUTH 39 DEGREES 51 MINUTES 50 SECONDS WEST FROM SAID
POINT OF CURVATURE; THENCE NORTHWESTERLY ON AND ALONG SAID RIGHT
OF -WAY LINE ON SAID CURVE 298.16 FEET TO A POINT WHICH BEARS NORTH 05
DEGREES 00 MINUTES 00 SECONDS EAST FROM THE RADIUS POINT OF SAID
CURVE, BEING THE PLACE OF BEGINNING, CONTAINING 3.50 ACRES, MOR OR
LESS.
Parcel Number: 16- 09- 36- 00 -00- 032.000
Property Address: 200 -298 W. Carmel Drive, Carmel, Indiana
1115 -1137 3` Avenue SW, Carmel, Indiana
1091 -1113 3` Avenue SW, Carmel, Indiana
Exempt transaction pursuant to Paragraph 7.
Hereby releasing and waiving all rights under and by virtue of the Homestead Exemption
Laws of the State of Indiana.
THIS IS NOT HOMESTEAD PROPERTY
IN WITNESS WHERE F, the undersigned aforesaid has hereunto set their hands
and seals this day of 2002.
Doc #:337/193.1 12163/22917 2
ohn S. Kirby ill
NO
STATE OF
COUNTY OF
Doc# :337843.1 12163/22917
BLIC
My commission expires:
)SS.
I, the undersigned, a Notary Public in and for said County, in the State aforesaid
DO HEREBY CERTIFY that John S. Kirby III and Jean H. Kirby, personally known to me
to be the same
persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that they signed, sealed and
delivered the said instrument as their free and voluntary act, for the uses and purposes
therein set forth, including the release and waiver of the right of homestead, p
Give under my ha and .fficial seat this
��ay of
This instrument was prepared by
and after recording return to:
Mitchell D. Weinstein, Esq.
Chuhak Tecson, P.C.
30 South Wacker Drive
Suite 2600
Chicago, Illinois 60606
"tiM�.1\1in�,Ri
"OFFICIAL SEAL"
KATI ILEEN M. DAVIS
f Illinois
My Commission Exp. 09/27/20;12
3
Kirby Park, LLC
298 West Carmel Drive
Carmel, Indiana 46032
2002.
Send Subsequent Tax Bilis to:
;q Umd
8829:0612812003:
THIS INDENTURE WITNESSETH, that John S. Kirby III and Jean H. Kirby,
"Grantors ")of 298 West Carmel Drive, Carmel, Indiana 46032, CONVEY AND QUIT
CLAIM to Kirby Park II, LLC, an Indiana Limited Liability Company, as to an undivided 50%
interest, "Grantees for the sum of Ten Dollars ($10.00) and other valuable consideration,
the receipt of which is hereby acknowledged the following described real estate in the
County of Hamilton and State of Indiana, to wit:
PART OF THE EAST HALF OF SECTION 36,TOWNSHIP 18 NORTH, RANGE 3 EAST
IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON
COUNTY, INDIANA: THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS
(ASSUMED BEARING) ON AND ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER 1188.00 FEET; THENCE SOUTH 89 DEGREES 27 MINUTES 30 SECONDS
WEST 2461.54 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 00 SECONDS
WEST 1885.26 FEET TO THE NORTH LINE OF CARMEL DRIVE; THENCE SOUTH 85
DEGREES 00 MINUTES 00 SECONDS EAST (DEED) SOUTH 85 DEGREES 02
MINUTES 09 SECONDS EAST (MEASURED) ON AND ALONG SAID NORTH LINE
589.43 FEET (DEED) 989.89 FEET (MEASURED) TO THE PLACE OF BEGINNING OF
THIS TRACT, SAID POINT BEING ON THE EAST RIGHT -OF -WAY LINE OF 3RD
AVENUE S.W.; THENCE NORTH 05 DEGREES 00 MINUTES 00 SECONDS EAST ON
AND ALONG SAID RIGHT -OF -WAY 60.00 FEET TO THE POINT OF CURVATURE OF
A CURVE TO THE RIGHT WITH A RADIUS OF 375.00 FEET, THE RADIUS POINT OF
WHICH BEARS SOUTH 85 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID
POINT OF CURVATURE; 'THENCE "NORI pEASTERLY ON AND ALONG SAID RIGHT
OF -WAY LINE ON SAID CURVE, 261.80• FEET TO A POINT WHICH BEARS NORTH 45
DEGREES 00 MINUTES 00 SECONDS WEST FROM THE RADIUS POINT OF SAID
CURVE; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST ON AND
ALONG SAID RIGHT -OF -WAY LINE 95.14 FEET; THENCE SOUTH 63 DEGREES 07
MINUTES 55 SECONDS EAST 384.09 FEET TO THE WEST RIGHT -OF- WAY-LINE -OF
THE L N RAILROAD, SAID POINT BEING ON A CURVE WITH A RADIUS OF 1877.08
FEET, THE RADIUS POINT OF WHICH BEARS NORTH 63 DEGREES 07 MINUTES 55
SECONDS WEST FROM SAID POINT; THENCE SOUTHWESTERLY ON AND ALONG
Doc 33 7691.1 12163/2291'7
II
DULY ENTERED FOR TAXATION
Subject to final acceptance for ransfer
day of 20 a t---
J h 1 ?Jd Auditor of Hamilton County
Parcel /6-07- X.0-do- op- o3.1 2Q?2Q0Q3ei329
Fi a or ecord in
QUIT CLAIM DEED
HAMILTON COUNTY, INDIANA
MARY L CLARK
05 -29 -2002 03:16 pm.
Q C DEED 16.00
R U@Sa3 688829 08/2512003 r nr;, d. -�r r��5 ?t tk.ryl t r
SAID RIGHT -OF -WAY ON SAID CURVE 394.00 FEET TO A POINT WHICH BEARS
SOUTH 51 DEGREES 06 MINUTES 20 SECONDS EAST FROM THE RADIUS POINT
OF SAID CURVE, SAID POINT ALSO BEING ON THE NORTH RIGHT -OF -WAY LINE OF
CARMEL DRIVE; THENCE NORTH 50 DEGREES 08 MINUTES 10 SECONDS WEST ON
AND ALONG SAID NORTH LINE 50.40 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE LEFT WITH A RADIUS OF 490.00 FEET, THE RADIUS POINT OF
WHICH BEARS SOUTH 39 DEGREES 51 MINUTES 50 SECONDS WEST FROM SAID
POINT OF CURVATURE; THENCE NORTHWESTERLY ON AND ALONG SAID RIGHT
OF -WAY LINE ON SAID CURVE 298.16 FEET TO A POINT WHICH BEARS NORTH 05
DEGREES 00 MINUTES 00 SECONDS EAST FROM THE RADIUS POINT OF SAID
CURVE, BEING THE PLACE OF BEGINNING, CONTAINING 3.50 ACRES, MORE OR
LESS.1
Parcel Number: 16- 09- 36- 00 -00- 032.000
Property Address: 200 -298 W. Carmel Drive, Carmel, Indiana
1115 -1137 3` Avenue SW, Carmel, Indiana
1091 -1113 3r Avenue SW, Carmel, Indiana
Exempt transaction pursuant to Paragraph 7.
Hereby releasing and waiving all rights under and by virtue of the Homestead Exemption
Laws of the State of Indiana.
THIS IS NOT HOMESTEAD PROPERTY
IN WITN ?toaY SS WHEREO the indersigned aforesaid has hereunto set their hands
and seals this of 2002.
Doc 337691.1 12163/22917 2
ohn S. Kirby !II
8:2C0612.12003.1%, y 14 ,F
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that John S. Kirby III and Jean H. Kirby, personally known to me
to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that they signed, sealed and
delivered the said instrument as their free and voluntary act, for the uses and purposes
therein set forth, including the release and waiver of the right of homestead.
Given under my hand n i official seal, this (P"`day of
Mitchell D. Weinstein, Esq.
Chuhak Tecson, P.C.
30 South Wacker Drive
Suite 2600
Chicago, Illinois 60606
)SS.
NOT LIC
My commission expires: "orrlClAl sEJ \L VIS
Kt\i'1 -tLEEN M. DAVIS
Notary Public, Slate of Illinois
My Commission Exp. 09/2712002
�aO� +taa- r.ottr 4•s"..r�.'armnc:. :a f•.
Doak. 337691.1 12163/22917 3
2002.
This instrument was prepared by Send Subsequent Tax Bills to:
and after recording return to:
Kirby Park II, LLC
298 West Carmel Drive
Carmel, Indiana 46032
Instrument
200400050564
PARTIAL RELEASE OF MORTGAGE
This is to certify that for value received, the mortgage executed by John S. Kirby, III and
Jean H. Kirby, husband and wife "Mortgagors to The Huntington National Bank
"Mortgagee on August 10, 1999, and recorded September 23, 1999, as Instrument No. 1999-
09955963 in the Office of the Recorder of Hamilton County, Indiana, as modified by that certain
Modification of Mortgage dated July 8, 2002 and recorded July 15, 2002 as Instrument No.
2002- 00050058in the Office of the Recorder of Hamilton County, Indiana, is hereby released
and satisfied, but only as to the following described Real Estate located in Hamilton County,
state of Indiana:
The real estate described on Exhibit "A" attached hereto and depicted
on Exhibit "B" attached hereto, both Exhibits being incorporated herein
by reference.
IN WITNESS WHEREOF, the undersigned, for and on behalf of The Hunti
National Bank, has executed this Partial Mortgage Release this /27h day of
200
By:
THE HUNTINGTON N IONAL BANK
Printed: cf-
Title: 1 icE
200400050564
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
07 -20 -2004 At 12:49 pm.
PT REL MTG 18.00
0
p gton
STATE OF INDIANA
SS:
COUNTY OF Air i o'i
Before me, a Notary Public in and for said County and State, personally appeared
Ar99iref P arm in et for and on behalf of The Huntington National Bank, who
ac wledged execution of the foregoing Partial Release of Mortgage, and who, having been duly
sworn stated that all matters referred to therein are true.
WITNESS my hand and Notarial Seal this /0 day of oLY,' 2003.
My Commission Expires:
My County of Residence:
ANNE L. CLARK
Ma:ion County
My Commission Expires
April 6, 2007
This instrument was prepared by and, following recording, should be returned 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.
Printed
d ,/azz
Notary Public
STATE OF INDIANA
COUNTY OF HAMILTON
John Kirby, being first duly sworn under oath does hereby asserts and states:
1. Kirby Park, LLC and Kirby Park II, LLC, are Indiana Limited Liability Companies which each own
an undivided 50% interest in (and jointly own a 100% interest in) the real estate commonly
known as Kirby Park in Carmel, Indiana.
2. Upon negotiations with the City of Carmel, Carmel, Indiana, Kirby Park, LLC, and Kirby Park II,
LLC, agreed to transfer certain property interests in Kirby Park to the City of Carmel.
3. Under the authority of a written Co- Ownership Agreement between myself and Kirby Family
Limited Partnership I and Kirby Family Limited Partnership II, the owners of Kirby Park, LLC and
Kirby Park II, LLC, I executed the documents entitled "DRAINAGE EASEMENT AGREEMENT" and
"LIMITED WARRANT DEED" on behalf of Kirby Park, LLC, and Kirby Park II, LLC, grantor, to
grantee, the City of Carmel.
4. I certify that I had full power and authority to execute said documents on behalf of Kirby
Park, LLC, and Kirby Park II, LLC, and to consummate said transfer.
Signature:
Printed:
And further affiant sai
commission expires:
(cs
AFFIDAVIT OF AUTHORITY
SS:
Before me, a notary Public in and for said county and state personally appeared John Kirby
who acknowledged the execution of the foregoing Affidavit and who, having been duly sworn, stated
any representations therein contained are trt4�.
i Witness my hand and Notarial Seal th s-9 day of March 2004.
l i
Signature
Printed
Resident of
This instrument prepared by Christine Crull Altman, Attorney at Law.
Return to:
County, IN
Project No.: 03 -01
Parcel No.: 2
A PART OF THE EAST.HALF OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST
IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commencing at the Northeast comer of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East, Clay Township, Hamilton County, Indiana;
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 distance of 2461.54 feet;
Thence South 00 degrees 02 minutes 00 seconds West a distance of 1885.26 feet to the North
right-of-way line of Carmel Drive;
Thence South 85 degrees 00 minutes 00 seconds East, along said North right -of -way line, a
distance of 989.43 feet to a point on the East right -of -way line of 3` Avenue S. W, said
point also being the Southwest Corner of a parcel conveyed to John S. Kirby III and Jean
H. Kirby as described in Instrument No. 90 -08711 of the records on file in the Office of
the Hamilton County Recorder and the PLACE OF BEGINNING;
Thence North 05 degrees 00 minutes 00 seconds East, along said East right -of -way line and along
the West Line of said parcel, a distance of 36.22 feet;
Thence South 26 degrees 58 minutes 07 seconds East a distance of 21.28 feet;
Thence South 40 degrees 35 minutes 52 seconds East a distance of 12.15 feet;
Thence South 55 degrees 02 minutes 04 seconds East a distance of 22.52 feet to a point of
curvature on the aforesaid existing North right -of -way line of Carmel Drive, said point
bearing North 09 degrees 37 minutes 11 seconds East 490.00 from the radius point of said
curve;
Thence Northwesterly, along said North right -of -way line of Carmel Drive and along a curve
concave southwesterly, through a central angle of 04 degrees 37 minutes 10 seconds, an
are distance of 39.51 feet to the PLACE OF BEGINNING.
CONTAINING 0.012 ACRES MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS,
RIGHTS -OF -WAY OR ii ESTRICTIONS OF RECORD OR OBSERVABLE.
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 arm 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
Exhibit "A"
e �.tiG�S TF O %y
g
3 STATE OF r
Fs
PARCEL
PROJECT NO. 03 -01
ROAD NO. CARMEL DRIVE WEST
COUNTY HAMILTON
ADDITION: N/A
SECTION: 36
TOWNSHIP: 1EN
RANGE: 3 EAST
NE COR
NE 1/4
SEC. 36
T18N, R3E
w
CD
0
CD
0
0
N
co
S 8x27'30" W
2461.54'
S 85'00'00"
989.43
P.O.B.
C1
OWNER KIRBY PARK, LL
INST. #20020003E528
DATE: 5 -29 -2002
PROPOSED
R/W GRANT
0.012 AC.±
cPs
S 26'58'07" E
21.28'
S 40'35'52" E
12.15'
S 55'02'04" E
22.52'
EXHIBIT B'
EAST R/W
3RD AVE SW
Cl
04'37'10"
D 11'41'35'
R 490.00'
T 19.76'
L 39.51'
CL= 39.50'
CB N 82'41'24 "N
OWNER KIP,EY PARK II, LLC
INST. #200200038829
DATE: 5 -29 -2002
HATCHED AREA IS THE
APPROXIMATE TAKING
"nis :Ice wcs preocred from :nformct or. ootcinec
from tre ,Rec:rcer's cfftce c'c fr:.m pions creacrec
by CrossRocd Engineers. P.C. acted P cnt. 2003 for
the C:ty of Carmel (Project No. 03 -01) cnd wos not
necesscrdy cnecrnc by a (ieic survey.
2 of 2
ORA`NN EY SE 05 -30 -03
CHECKED 5 TEN 05 -30 -03
SCALE 1" 100'
KIRBY PARK, LLC (50% INT)
INST. #200200038828
KIRBY PARK II, LLC (50% INT)
INST. #200200038829
NORTH R/W
/�CARMYMEL DR.
S
V O.
-2-
SCALE: 1"= 100'•
WEST R/W
L N RAILROAD
PREPARED BY:.
Transportation
Development Consultants
3417 S. 91ER11AN DR.
EEE54 GROW, 114 46107 (317)760 -1555