Carmel Drive - System Capital Real Property1. C a- 2S -2�. 1
0 CORPORATE LIMITED WARRANTY DEED
1
200 40045347
File. for Record
HAMILT► COUNTY,
MARY L ARK
07- 24 -20 08:03
CORP WD NC
Instrument
200200096836
in
INDIANA
am.
.00
THIS INDENTURE WITNESSETH, That SYSTEM CAPITAL REAL PROPERTY CORPORATION
( "Grantor "), a corporation organized and existing under the laws of the state of Delaware, grants, conveys,
bargains and sells to City of Carmel ( "Grantee "), 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 Hamilton
County, state of Indiana:
See Attachment A attached hereto and incorporated herein by this reference.
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 REPRESENTS AND WARRANTS THAT THIS CONVEYANCE IS NOT SUBJECT TO
THE INDIANA GROSS INCOME TAX.
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.
WITNESS WHEREOF, Grantor has caused this deed to be executed this /91l-2-C-- day of
A .) , 2000. ALREADY ENTERED FOR TAXATION
Subject to final acceptance for trans er
GRANTOR: SYSTEM APITAL REA P OPERTY CORPORATION 13,day of t° C— , 20e2-
By: —.� ,)0,1`" ��„��.�, Auditor of Hamilton County
1) Parcel #
Printed: DULY ENTERED FOR TAXATION
Catherine A. Griffin
Subject to final acceptance . ransfer
Title: Assistant Secretary . -'_day of :.i 20•t_
,�oln.►ti Auditor of Hamilton County
Parcel #
SYSTEM CAPITAL REAL PROPERTY CORPORATION
(ACKNOWLEDGEMENT)
STATE OF ILLINOIS
COUNTY OF DUPAGE
200200096836
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
12 -13 -2002 02:23 pm.
CORP WD NC .00
I, Linda A. Wagner, a Notary Public in and for the county and state aforesaid, DO
HEREBY CERTIFY that Catherine A. Griffin, Assistant Secretary, of System Capital
Real Property Corporation, a Delaware corporation, who is personally known to me to be the
same person whose name is subscribed to the foregoing instrument as such Assistant
Secretary appeared before me this day in person and acknowledged that he signed, sealed
and delivered the said instrument as his free and voluntary act as such Assistant
Secretary, as the free and voluntary act of said corporation for the uses and purposes
therein set forth.
Given under my hand and notarial seal, this 19th day of December, 2000.
4:44/. VA, ���
Notary Public
OFFICIAL SEAL
� I � v LINDA HAV vAdgEi4
NOTARY PUBLIC, STATE OF ILLINO$8
MY COMMISSION EXPIRES:11 /O11�90
My commission expires: November 1, 2003
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%i THE
4.7 SCHNEIDER
L _A CORPORATION
3020 North Post Road
Indianapolis, Indiana
48226 - 8518 ,
317 - 898 -8282
317 - 899 -8010 FAX
317 - 895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 28
EXHIBIT 'A"
East Carmel Drive Project — Parcel 28
Owner: BC Real Estate Investments. Inc.
Warranty Deed — Instrument Number 9547336
Permanent Right of Way
Land Description
Engineering
Surveying
Landscape Architecture
GIS • LIS
Geology
cceeC C / Tb
Port of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County. Indiana being all that port of the owner's land
identified as Parcel 28 Tying within the ore° identified and shown as - Proposed
Permanent Right of Way on the attached Route Survey Plot and being further
described as follows:
Commencing at the southwest corner of the Southwest Quarter of said Section 31;
thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is
from Instrument Number 9547336. Office of the Hamilton County Recorder) along the
west line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence
North 89 degrees 55 minutes 00 seconds East along said centerline o distance of
600.00 feet to the point of curvature of o curve having a radius of 1145.92 feet, the
radius point of which bears North 00 degrees 05 minutes 00 seconds West : thence
easterly along said curve cnd olong said centerline on orc distance of 400.00 feet to o
point becring South 20 degrees 05 minutes 00 seconds East from said radius point;
thence North 69 degrees 55 minutes 00 seconds East along said centerline o distance
of 238.51 feet to the to the point of curvature of a curve having o radius of 1145.92
feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds Eost;
thence easterly along said curve on arc distance of 400.00 feet to point bearing
North 00 degrees 05 minutes 00 seconds West from said radius point; thence North
89 degrees 55 minutes 00 seconds Eost along said centerline a distance of 1232 -33
feet to a point distant South 89 degrees 55 minutes 00 seconds West a distance of
518.52 feet from the intersection of said centerline with the centerline of Keystone
Wov, thence South 00 degrees 05 minutes 00 seconds East along the grantor's west
line a distance of 40.00 feet to the Point of Beginning on the south right of woy line
of Carmel Drive: thence North 89 degrees 55 minutes 00 seconds East along said
south line o distance of 143.52 feet to the grantors east line; thence South 00
degrees 05 minutes 00 seconds East along said east line o distance of 8.00 feet;
thence South 89 degrees 55 minutes 00 seconds West o distance of 143.52 feet to
the grantor's west line: thence North 00 decrees 05 minutes 00 seconds West along
said west line o distance of 8.00 feet to the Point of Beginning. Containing 1148
square feet
\2k \2603 \001 \dwgs\parcei28.dwg
TSC 12403.001
Sheet / of
1" 11 THE
SCHNEIDER
j
L _A CORPORATION
SURVEYOR'S REPORT
3020 North Post Road
Indianapolis. Indiana
48228 -8518
317 - 898 -8282 •
317 -899 -8010 FAX
317 - 895 -2803 RESIDENTIAL
SURVEYING FAX
E? gineering
Surveying
Landscape Architecture
CIS •US
Geology
In accordance with Title 865 Article 1 Chopter 12 of the Indiana Administrative Code
(Rule 12°) the following observations and opinions are submitted regarding the various
uncertainties in the locations of the lines and corners established on this route survey as a
result of variances in reference monuments and inconsistencies in lines of occupation.
This survey was performed to create additional permanent right of way and Temporary
right of way along Carmel Drive from Rangeline Road to Keystone Avenue. The basis of
bearings used is from the record descriptions of the tracts along Carmel Drive — oil of which
ore on the some system.
The coordinate values for all Survey Control Line monuments shown hereon were
established initially by Woolpert Consultants on the Indiana State Plane Coordinate System.
These coordinates were converted by The Schneider Corporation to o local coordinate system
with o bosis of bearings based on the record descriptions as noted above. Coordinate values
of — and distances between — control points shown hereon are to the nearest 0.01 feet, not
to indicate the precision of the fieldwork, but to allow for mathematical closure.
Survey Control Line monuments are referenced hereon by circled numerals that
correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebor
found with yellow cop marked "Schneider Engr. Corp.° 0.2 feet above grade on the south side
of Carmel Drive. Monument 1322 is o Meg nail found flush with the surface of the sidewalk
on the north side of Carmel Drive. Monument 1321 is o 5/8 inch rebar found with a red
Woolpert" cop found 0.1 feet below grade on the south side of Carmel Drive. Monument
1325 is a 5/8 inch rebor found 0.1 feet below grade near the southwest corner of Carmel
Drive and Keystone Way. These four monuments are considered to be original monuments
with no error os related to their use as a port of — or references to — the survey line.
In addition to the 4 Survey Control Line monuments. various points on the centerline of
Carmel Drive and on the lead —ins to some are shown with horizontal coordinate values of
North and East. These coordinates are directly related to the coordinate values of the
Survey Control Line and coordinate values for the various Permanent and Temporary Right of
Way lines and corners eon be calculated therefrom. In accordance with 865 IAC 1 -12. it is
the intent of this Route Survey that the location of all Permanent and Temporary Right of
Way lines and corners shown hereon be controlled by the various Survey Control Line
monuments and their associated coordinate values, bearings and distances shown hereon.
The various physical features shown on the Route Survey were located by Woolpert
Consultants in conjunction with an earlier phase of the Carmel Drive project. As indicated
above, the survey control for the Woolpert work was recovered. confirmed and converted to a
local datum for use on this Route Survey.
There is evidence from older surveys that the physical monument currently at the
southwest corner of the southwest quarter of Section 31 hos moved about 1 foot in a
north —south direction during the intervening years. The coordinate value shown hereon for
that corner is based on the prior location. not on the current monument. As a result of
this movement. it is my opinion that the centerline of Carmel Drive and the prior location of
the southwest corner of the section are best established based on the centerline of Carmel
Drive coordinated and depicted on this Route Survey. This centerline is based on railroad
spikes in the centerline of Carmel Drive (one of the centerline of Keystone Way and one of
the first Point of Curvature west of Keystone Way) which hove been in place and utilized to
control the centerline for many years.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief the within plat represents o Route Survey performed
in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code (Rule
12°) under my supervision and completed on February 25. 1999.
Gar
Regis er . Land Surveyor 150389
March 9, 1999
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TSC 12603.001
Sheet aof
r� THE
IQ SCHNEIDER
L ,/ CORPORATION
3020 North Post Road
Indianapolis, Indiana
46226 -65I8 ,
317 -898 -8282
317 -899 -8010 FAX
317 - 895 -2803 RESIDENTIAL
SURVEYING FAX
ROUTE SURVEY CONTROL EXHIBIT
N 10027.0422
E 10005.9308
CARMEL DRIVE
Engineering
Surveying
Landscape Architecture
CIS • US
Geology
50 o IS 50
i
ASSUMED NORTH
1 inch - 50 R
- BR BOC "`'�_
T =- �1 0 1
1 1
FA
MONUMENT 1322
REFERENCES
(MAO NAIL)
O
y
0
to
r
CARMEL DRIVE Y
N
IU
Lt
t
R.R. SPIKE AT Ct. INTER
CARMEL DRIVE
\ 17.4
'-`4,-e8R BC
0'
`
SCOR. 8C
=N 9738.6139
E 8891.9166
IdERIDUN MORTGAGE
GROUP
MONUMENT 24428
REFERENCES
(5/8" REBAR W /SEC CAP)
N 9972.9605
E 11706.9352
CUT 'X
16.4 .a
?,ll�
MONUMENT 1325
REFERENCES
(5/8" REBAR)
CENTERLINE REFERENCE DATA
0
0
0
0
0
0
0
N- 8025.3349. E =8425.3496. SECTION 31. SW COR., SW 1/4
N =9777.8741, E= 8392.3395. CL INTERSECTION
N..977 &7457. E- 8992.3388. CL POC
N..9848.4225. E =9384,1658, CL POT
N- 9930.3232. E =9608.1731, CL POC
N- 10000.0000. E =10000.0000, CL POT (R.R. SPIKE FD.)
N.,10002.5436. E- 11750.8389. CL INTERSECTION (RR SPIKE FD.)
\2k \2603 \001 \dwgs \REPTT1ES.dwg
MONUMENT 1321
REFERENCES
(5 /8 "REBAR W /WOOIPERT CAP)
TSC /2603.001
Sheet 3 of
E, SW 1/4 (SEE REPORT)
rell THE
SCHNEIDER
J CORPORATION
1232.33' •
W
0
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v) o
00
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O
V)
3020 North Post Road
Indianapolis. Indiana
48228 -8518
317 -898 -8282
317 - 899 =8010 FAX
317 - 895 -2803 RESIDENTIAL
SURVEYING FAX
N89'55'00 -E
1
143.52'
Engineering
Surveying
Landscape Architecture
CIS • US
Geology
PLAN SCALE
r= 30'
CARttMEL DRIVE
P.0.8. PROPOSED PERMANENT R.O.W.
PARCEL 28 ROW (CROSS HATCHED)
r- EXISTING 40' 1/2 R.O.W. LINE
N i�_S$9 5 0o'Iw
'N00'05'00 '4._.
rJ'
8.00'
N89'55.00-'E 4375
343.52'
PROPOSED 48' 1/2 R.O.W. LINE
L= 400.00'
R= 1145.92'
N89'55'00 "E
600.00'
BOSTON MARKET
PARCEL 28
RECORD OWNER
BC REAL ESTATE INVESTMENTS, INC.
WARRANTY DEED
INSTR. 1 9547336
SURVEY UNE NONU. 1322 •-
DA1
/N89 55'00 -E
1750.84'
123233'
S00- 05'00 "E
40.00'
PARCEL 28 ROW
L= 400.00'
R= 1145.92'
SOO*05'00 "E
8.00'
SURVEY UNE
SURVEY LINE 40NU. 1321
SURVEY UNE
SURVEY UNE NONU. 24428
SW CORNER
SEC.31— T18N —R4E
F \2k \2603 \001 \dwgs\porce128. dwg
NOTE :
SEE ROUTE SURVEY CONTROL TIES EXHIBIT
FCR CENTERUNE AND SURVEY UNE COORDINATES.
PARCEL 28
EXHIBIT 'A'
TSC 12603.001
Sheet 1 of /
Exhibit "A"
5;2 9S' 727
DUI.
9547336:
WARRANTS DYID
i :.
FOR TAXATION
fir e.a:ra
)9 _15
ter
•
Grantor!) ,..
we:. of:: the...State _of Michigan
al Eatate.: /aver tments,_'I =a.
::
zed and, existing under the laws of
•� Of;:Teis'_Dollars ($10.00) and
on, the accept of which -is hereby
r• n.t .�� estate:
• a part hereof
QC Develo
organized and existing
CONVEYS AND WARRANTS to
('Grantee.), a corporation o
the State of Delaware, for
other valuable considers
acknowledged, the foll
See Exhibit •A■
said conveyance
acknowledged by
simple to Gran
Grantor that
to convey
the same
g described r
ttaahsd hereto' and
ing dated and•. ?duly s
antor,.shall be deemed to be
e, itn successors and assigns, with
t is lawfully ■sized of the premises, has
.g:.
e same, and guarantees quiet po ion there
d, :!:sealed and
a eyance in fee
ovenant from
ood right
; that
are free from all encumbrances except thoee set fo on
Exhibi• •B• attached hereto and dads a part hereof, and t
Gran or will warrant and defend the title to the same against all
la ul claims.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed
to be executed this 2 7 / day of , / , 1995.-
Grantor hereby certified that
there is no Indians Gross
Income Tax din by virtue of
this transaction at this time.
Store No. 353
(Carmel, IN)
QC D PMENT 50MP , a Michigan
co •i ti
By:
9
Its: 4R-rS'OeN
(Corporate Seal)
El$jBIT •A•
LEGAL DESCRIPTIOji
PART OF THE SOUTH HAL?
EAST, .:LAY TOWNSHIP,
FOLLOWS:
( CARMEL, IN)
SECTION 31, TOWNS P 18 WORTH, RANGE 4
LTON COUNTY.. IANA, DESC°IBED AS
COMMENCING AT THE SOUTHWEST CO- :•' OP EAT. SECTION 31; THENCE NORTH
1 DEGREE 04 MINUTES 45 SECONDS THE WEST LINE OF SAID
SECTION 1752.85 FEET TO THE •, -•'•-E ION OP THE CENTERLINE OF
WESTFIELD BLVD. (RANGE LINE ROAD) THE CENTERLINE OP CARMEL
DRIVE; THENCE NORTH 89 DEGREES 55 M EAST ALONG THE CENTERLINE
OF SAID CARMEL DRIVE 600.0!1 FEET • THL P.C. OF A CURVE; THENCE
ALONG SAID CENTERLINE NORTHEASTER/. 400 FEET ALONG AN ARC TO THE
LRFT SAVING A RADIUS OF 1145.92 ' -• AND A \LONG CHORD HAVING A
BEARING OF NORTH 79 DEGREES 55 1 .'• - EAST AND.,A LENGTH OF 397.97
PEST TO THE P.T. OF SAID CURVE; :.'CE NORTH 69'DEGREE9 55 MINUTES
EAST ALONG SAID CENTERLINE 23 .51 FEET TO THE P.C. OF A CURVE;
THENCE ALONG SAID CENTER LINE ••RTHEASTERLY 400 FEET, ALONG AN ARC
TO THE RIGHT HAVING A RADI • , or 1145.92 FEET AND A LONG CHORD
HAVING A BEARING OF NORTH 7 DEGREES 54 MINUTES EAST AND A LENGTH
OF 397.97 PEET TO THE P.T. •F SAID CURVE; THENCE NORTH 89 DEGREES
55 MINUTES EAST ALONG SAI• CENTERLINE 1232.33 FEET TO THE POINT OF )
BEGINNING OF THIS DESCRI ION WHICH POINT I9 SOUTH 89 DEGREES 55 1
MINUTES WEST 518.52 FEET -•• THE INTERSECTION OP THE CENTERLINE OF
KEYSTONE WAY WITH THE ••., J•• /NE OF SAID CARMEL DRIVE; THENCE NORTH (
89 DEGREES 55 MINUTES .- ALONG SAID CENTERLINE OP CARMEL DRIVE\ -
273.52 FEET; THENCE •UTH 00 DEGREES 05 MINUTES EAST 290.00 FEET ;`
THENCE SOUTH 89 D, REES 55 MINUTES WEST PARALLEL WITH SAID \,
CENTERLINE OF r DRIVE 273.52 FEET; THENCE NORTH 00 DEGREES 05
MINUTES WEST 290. 0 FEET TO THE POINT OF BEGINNING, CONTAINING \
1.821 ACRES, MO •- OR'LESS. \\
EXCEPTING THERE OM: PART OF THE SOUTH HALF OF SECTION 31, TOWNSHIP :\
18 VORTH,'RANC.= 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA,
DESCRIBED AS LLOWS:
COMMENCING THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE NORTH
1 DEGREE • MINUTES 45 SECONDS WEST ALONG THE WEST LINE OF SAID
SECTION 52.85 FEET TO THE INTERSECTION OF THE CENTERLINE OF
WESTFI BLVD. (RANGE LINE ROM) WITH THE CENTERLINE OF CARMEL
DRIVE; CE NORTH 89 DEGREES 55 MINUTES EAST ALONG THE CENTERLINE
OF SAIr- CARMEL DRIVE 600.00 FEET TO'THE P.C. OP A CURVE; THENCE
ALONG SAID C'NTERLI27E NORTHEASTERLY 400 FEET ALONG AN ARC TO THE
LEFT • VING A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A
B NG OF NORTH 79 DEGREES 55 MINUTES EAST AND A LENGTH OF 397.97
FE TO THE P.T. OF SAID CURVE; THENCE NORTH 69 DEGREES 55 MINUTES
EAST ALONG SAID CENTERLINE 238.51 FEET TO THE P.C. OF A CURVE;
THENCE ALONG SAID CENTERLINE NORTHEASTERLY 400 FEET ALONG AN ARC TO
THE RIGHT HAVING A RADIUS 0? 1145.92 PEET AND A LONG CHORD HAVING
33 )
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EAST'AN:E.A tknurn br
THENCE.NORTHE9,DEGREES,165/
A SEARING OF NORTH
397.97 FEET TO THE P.
MITES BAST ALONG
SEGINNING OF THIS DESCH
MINUTES WEST 375.00 FEET
KEYST1NE WAY WITH THE CENT
69 DEGREES 55 MINUTES EAST
130.00 FEET, THENCE SOUTH 00
THENCE ROUTE 89 DEGREES SS:.
CENTERLINE OF CARMEL DRIVE 130.
MINUTES WEST 290.00 rEzr:ID.
0.866 ACRES, MORE OELESSe
ACRES, MORE OR LESS.
•
! •
9 DEGRRES-55:'M
OF SAID CURVE
CENTERLINE'
ION ETHICS
THE
75.8511103T .:TOjt TICS : PO INT.7.0F
INT:,IESOUT108,:DEGREES!SS
Ecrxml OP THECENTER.LINEOP
SAID CARMEL DRIVE/ ' TEENCE
0.
cznEntalm 07 -:c2aulac;nRIV3 'iN
05 MINUTES-EASTL290:004FEETW
i".78WEST,'!,PARALLEWITHIF.S.A.ID
',THENCE NORTE-00iDEGREWO5f1..
f,Oiniszonattqa,korrAnano
JEICEPTION 'SSST- '
7 • .
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•
STATE OF \ied'A
)8S
r•('nr) ).
COUNTY OF
Before me, a Nota
personally appeared
OC Development Compan \a Mac•
the execution of the fo_
:or and on behalf of said
stated that the represent
correct.
Witness my hand
, 1995.
p bl
r said~ ty 'an State,
of
•they,..
gan.corporat on,.an ,ac w e ged
inatrumentias'such'ofticer :acting
ration ;land who',`- :having•duly sworn,
ns : therein = contained . are-s.true and
Notarialleal•'this`-- :.day of
S x{'13 3 6�
My Commission Exp
�. ._ • • •. • • ., - ••
Monica J. - -, Esq.
Dickinson, 'right, Moon,
Van Dune • i Freeman
500 Woodw:• d Avenue, Suite 4000
Detroit, 1 48226 -3426
(313) 22 -3500
Bills To: 14103 Denver West Parkway
Golden,. m 80401 -4086
-2-