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Carmel Drive - 410 West Carmel Drive LLCSO ORDERED: A11bST: \90 o 0 c\ ltsr of C 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 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. DULY ENTERED FOR TAXATION- Subject to final acceptance for transfer _day of 203 7i 2 Jia, Auditor of Hamilton County l I l�3 ONE CIVIC SOUARE CITY OF 1 BOARD OF PUBLIC WORKS AFETY ‘—e— Jam rainard, Ma or 6. Date Mary Ann Burke Date Lori Watson Date: Date: Instrument 200300091494 ,2D 03 +sue., 111 iana L Cordray, IAMC, Treasurr°;4 APPaD AS TO FORM BY Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 CARMEL. INDIANA 46032 317/571 -2400 STATE OF INDIANA COUNTY OF SS: Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me know to be the Members of 4�t1D jJ J m 67-`/' R) 4.. the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of Carmel who acknowledged the execution of the foregoing "Non- Remonstration Agreement" on behalf of the City of Carmel, Indiana. 1 Witness my hand and Notarial Seal this day o 4, %y. L 2003 CI, r biZta-esa-- My Commission Expires: NOTARY PUBLIC Printed Name My County of Residence: ,02J oZoo3 Date: 200300091 Filed for Record in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 09 -08 -2003 At 01:43 pm. RT OF WAY 19.00 e. AAA) Ogys THIS INDENTURE WIT NESSETH: That i 4 G (Jointly and individually 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 grants, conveys and 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 existing easements and rights -of -way of record, for the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This conveyance of real estate is not subject to Indiana gross income t IN WITNESS WHEREOF, Grantor has executed this Instrument on the day of O'iwJ 2003. "GRANTOR(0 C)/77i -eiDA L 6 By: (Authori (Printed Name d Title) STATE OF INDIANA COUNTY OF DEDICATION DEED OF PUBLIC RIGHTS OF WAY Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and acknowledged executing the foregoing Dedication and Deed of Public Right -of -Way. Witness my hand and Notarial Seal this v 1'l day of Al us 4- 2003. P-06C F A. Vo�lirr 2 v Notary Public MO 4. 0in41/1uc 2- Notary Public (printed) MY COMMISSION EXPIRES: COUNTY OF RESIDENCE: &ma/9 13 11/04/171 Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032. �L EXHIBIT "A" PAGE 1 OF 2 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; thence South 00 degrees 00 minutes 00 seconds (assumed bearing) on and along the East line of said Northeast Quarter 1,188.00 feet; thence South 89 degrees 27 minutes 30 seconds West 2,461.54 feet; thence South 00 degrees 02 minutes 00 seconds West 1,885.26 feet to the North line of Carmel Drive; thence South 85 degrees 00 minutes 00 seconds East on and along said North line 754.43 feet to the Southwest Corner of a parcel conveyed to Indy Inc. as described in Instrument No. -91- 18646 in the Office of Recorder of Hamilton County, Indiana; thence North 05 degrees 00 minutes 00 seconds East along the west side of said parcel a distance of 5.00 feet; thence South 85 degrees 00 minutes 00 seconds East parallel to the aforesaid North right -of -way line of Carmel Drive, a distance of 125.57 feet; thence North 61 degrees 03 minutes 36 seconds East a distance of 65.61 feet to the point of beginning; thence North 05 degrees 00 minutes 00 seconds East parallel with and 5 feet measured perpendicular from the western right -of -way line of Third Avenue SW, a distance of 18.37 feet to a point on a curve with a radius of 430.00 feet, the radius point of which bears North 85 degrees 00 minutes 00 seconds West from said point; thence Northeasterly on and along said right -of -way line on said curve 291.91 feet to the north line of said Instrument No. 91- 18646; thence South 85 degrees 00 minutes 00 seconds East 6.45 feet to the West line of Third Avenue SW, said point being on a curve with a radius of 425.00 feet, the radius point of which bears South 45 degrees 33 minutes 30 seconds East from said point; thence Southwesterly on and along said right -of -way line on said curve 292.56 feet to its point of tangency, which bears North 85 degrees 00 minutes 00 seconds West from its radius point; thence South 05 degrees 00 minutes 00 seconds West on and along said right -of -way line a distance of 15.00 feet; thence South 61 degrees 03 minutes 36 seconds West a distance of 6.03 feet to the point of beginning. Containing 0.035 acres more or less being subject to any easements, rights of -way or restrictions of record. Project No.: 03 -01 Parcel No.: 1 Exhibit "A" PAGE 2 OF 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 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 1,188.00 feet; Thence South 89 degrees 27 minutes 30 seconds West a distance of 2,461.54 feet; Thence South 00 degrees 02 minutes 00 seconds West a distance of 1,885.26 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 754.43 feet to the Southwest Corner of a parcel conveyed to 410 West Carmel Drive, LLC as described in Instrument No. 9709746221 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 the west side of said parcel a distance of 5.00 feet; Thence South 85 degrees 00 minutes 00 seconds East, parallel to the aforesaid North right -of- way line of Carmel Drive, a distance of 125.57 feet; Thence North 61 degrees 03 minutes 36 seconds East a distance of 71.64 feet to the Westerly right -of -way line of Third Avenue S.W. and the East Line of said parcel; Thence South 05 degrees 00 minutes 00 seconds West, along said Westerly right -of -way line of Third Avenue S.W. and along said East Line of said parcel, a distance of 45.00 feet to the aforesaid North right -of -way line of Carmel Drive; Thence North 85 degrees 00 minutes 00 seconds West, along said North right of way line, a distance of 185.00 feet to the PLACE OF BEGINNING. CONTAINING 0.049 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY OR RESTRICTIONS 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 July 29, 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 \STS No. LS 29000029 STATE OF r %1 1 4,',. 1 1 /D I PARCEL #1' PROJEC i NO.: s 03 -01 ROAD NO. CARMEL DRIVE WEST COUNTY HAMILTON ADDITION: N/A SECTION: 36 TOWNSHIP: 18N RANGE: 3 EAST 281.79' 15' INIDE UTILITY AND DRAINAGE EASEMENT HATCHED AREA IS THE APPROXIMATE TAKING PROPOSED R/W GRANT 0.049 AC.± This plat was prepared from information obtained from the Recorder's office and from plans prepared by CrossPoad Engineers, P.C. dated April, 2003 for the City of Carmel (Project No. 03 -01) and was not necessarily checked by a field survey 410 WEST CARMEL DRIVE, LLC. INST. #9709746221 PROPOSED WEST R/W LINE 3RD AVE. SW NE COR NE 1/4 SEC. 36 T18N, R3E S 8`27'30" W 2461.54' CI Co N ^�N oco cr) w 0 O EXHIBIT `B' OWNER 410 WEST CARMEL DRIVE, LLC INST. #9709746221 DATE: 10 -29 -97 S 85 '00'00" E 125.57' reerjz- N 85'00' 00" W 185.00' CARMEL DRIVE 1/7 0 0 0 DRAWN BY SF 05 -30 -03 CHECKED BY TEN 05 -30 -03 SCALE 1" 50' SCALE: 1"= 50' PREPARED BY: Transportation Development Consultants 3417 S. SHER6 DR. BEECH GROVE, IN 46107 (317)720 -1555