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96th - GBW LLCThat GBW, LLC, an Indiana limited liability company (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 conveys and specially 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 matters of record, except monetary liens, for the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. THIS INDENTURE WITNESSETH: APPRO..._. Grantor will warrant and defend title to the Property, only against the acts of Grantor and those claiming by, through or under Grantor, and not otherwise. IN WITNESS WHEREOF, Grantor has executed this Instrument on the l day yY\ C C 2006. u This conveyance of real estate is not subject to Indiana gross income tax. "GRANTOR" GBW, LLC, an Indiana limited liability company By: DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership By: Duke B Prird Title: STATE OF INDIANA COUNTY OA% (n DEDICATION DEED OF PUBLIC RIGHTS -OF -WAY lty Corporati an :5 cro cle)--7t/t Before me. the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above solely and in said capacity and acknowledged executing the foregoing Dedication and Deed of Public Right -of -Way. Witness rty hand and Notaria Seal this day of Mar CL 2006. Notary Public CV1 apt L V Notary Public (printed) MY COMMISSION EXPIRES: D t D COUNTY OF RESIDENCE: mOtn‘n f: \real estate\indiana office \parkwood west \gbw dedication and deed.doc 2/22/2006 1:02 PM a corporation, its general partner Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 200600018037 Filed for Record in NAPIITON COUNTY, INDIANA JENNIFER J HAYDEN 04 -04 -2006 At 02:31 PM. RT OF WAY 17.00 N C ity o arm e 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 "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. SO ORDERED: ATTEST: ONE CIVIC SQUARE CITY OF C 1 L BOARD OF PUBLIC WORKS ,SAFETY Zia rainard, Mayor Date 0A-t, Diana L. Cordray, IAMC, Clerk- Treasurer Date. 3 s/© CARMEL, INDIANA 46032 Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel; Indiana'46032 317/571 -2400 EXHIBIT A PAGE 1 OF 2 A LAND BOUNDARY DESCRIPTION OF PROPOSED RIGHT -OF -WAY AT U.S. 31 AND EAST 96 STREET HAMILTON COUNTY, INDIANA FEBRUARY 5, 2003 A part of the Southwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the southeast corner of said quarter section; thence North 00 degrees 11 minutes 22 seconds East 43.00 feet along the east line of said quarter section to the north 43 foot right -of -way line of East 96th Street; thence South 89 degrees 24 minutes 09 seconds West 143.62 feet, parallel with the south line of said quarter section to the POINT OF BEGINNING of this description: thence South 89 degrees 24 minutes 09 seconds West 428.65. feet along said right -of -way line; thence North 00 degrees 35 minutes 51 seconds West 0.68 feet to the southeast corner of the parcel of land described in the deed to the State of Indiana, recorded as Instrument numbers 91 -18559 and 92 -50740 in the Office of the Recorder of Hamilton County, Indiana; thence North 46 degrees 04 minutes 09 seconds West 58.39 feet along the northeast line of said State of Indiana land; thence North 00 degrees 05 minutes 03 seconds East 133.39 feet along the east line of said State of Indiana land to the limited access right -of -way line for the I -465 and U.S. 31 interchange described in the deed to the State of Indiana, recorded as Instrument number 91 -15174 in said Recorder's office; thence North 89 degrees 25 minutes 22 seconds East 8.50 feet along the south line of said State of Indiana land; thence South 00 degrees 05 minutes 03 seconds West 95.62 feet; thence South 46 degrees 04 minutes 09 seconds East 59.74 feet; thence North 89 degrees 24 minutes 09 seconds East 191.30 feet; thence South 81 degrees 14 minutes 05 seconds East 230.51 feet to the POINT OF BEGINNING and containing 0.334 acres, or 14562 square feet, more or less. Subject to all easements, restrictions, and rights -of -way of record. EXHIBIT A PAGE 1 OF 2 F:1DEVEL SERlbdcarmosinolindianalparkwood WFST1L,egals and RWs10ff- site&RW -Take valinet doc 1125/06 9:59 AM Prepared by Woolpert LLP g. RB1TA PAGE 2OF2 PROPOSED RIGHT—OF—WAY AT U.S. 31 Tl COUNTY; 9611H STREET iON CO UN ie INDIA A EAST UNE SW 1/4 SEC. 11, T 11 N. R3 E 1 W00L,PERT .LLP 7140 Waldemar Drive Indianapolis, Indiana 46268 -4192 317.299.7500 VADOTIERT FAX: 317291.5805 CONTRACT No. tart WARM MO RINTANLOwg :DATE 02 -06-03 OR. TX ucfl. JRH U.S. 31 PROPOSED RIGHT -OF -WAY 0.334 ACRES STATE OF INDIANA INSTR. N0, 91 •15174 N 8925'22 E P.O.8. r S 00'05'03" W y 1 N 00'05'03' E STATE OF INDIANA 133.39 INSTR. NO, 91 -18559 !t INSTR. N0. 92 -50740 8 1 43.0' 0055 51 W SE CORNER. SW 1/4. SEC. 11.T17N.R3E BRASS DISC FOUND 120 DailBIT A PAGE 2OF2