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106th/River - E.H. Mueller Development(0 THIS INDENTURE WITNESSETH: That E.& H. Mueller Development, LLC APPROVED AS TO FORM BY (jointly and individually, the "Grantor the fee simple owner(s) of the real property described in attached Exhibit "B which is incorporated herein by this reference "Mueller South Property") and which is located in the City of Carmel, Hamilton County, State of Indiana, hereby quitclaims, grants and conveys a public right -of -way in and over 45 feet of even width off the North line of said Mueller South Property, as depicted in Exhibit "A" hereto, to the City of Carmel, Indiana "Grantee subject to all existing easements, encumbrances 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 Grant is not intended to and shall not be construed as surrendering, waiving or affecting in any way Grantor's rights of access to and from the Mueller South Property. This conveyance of real estate is not subject to Indiana gross income tax. IN WITNESS WHEREOF, Grantor has executed this Instrument on the Z day of S Pr, 2005. "GRANTOR" E. H. Mueller Development, LLC (Authorize Signa ure) Its: GU, lbv y s /olen (Printed Name and Title) 200500083516 Filed for Record in HAf1ILTON COUNTY? INDIANA JENNIFER J HAYDEN 12 -28 -2005 At 0227 am. DEDICATION OF PUBLIC RIGHTS -OF -WAY RT OF WAY 15.00 STATE OF INDIANA I1 COUNTY OF ''1 Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and acknowledged executing the foregoing Dedication of Public Right -of -Way. ;1f Witness hand and Notarial Seal this day of s 200 DULY Mew rop TAXATION Subject to final ac a P Lance for tr osfer day of �_.a.W Y.war_�_•. 2O £per. 7, 117 04 Auditor of Hamilton County Parcel !fir >O: ft �.i' T':Ye i•: °s,,. i Notary Public (printed) Q EXPIRES: q./o? 614TiPtt, S'IDiNCE: 1 tium eiifprepared by Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 Public //j L /41/-ne144 ATTEST: City of Carmel BOARD OF PUBLIC WORKS SAFETY ACCEPTANCE OF DEDICATION OF PUBLIC RIGHTS -OF -WAY WHEREAS, the foregoing E. H. Mueller Development, LLC "Grantor having filed with the City of Carmel, Indiana "City its Dedication of Public Rights -of -Way in respect of certain real property "Property") to the City for the purpose of establishing City rights -of -way, which Dedication is attached hereto and incorporated herein as Exhibit "A" hereinabove set forth; AND WHEREAS, the City believes that said conveyance of a right -of -way in the 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 of Public Rights -of -Way, and orders that the instrument of dedication 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: CITY OF CARMEL BOARD OF PUBLIC WORKS SAFETY t o te INDY 1562359v.3 Jam Brainard, Mayor Date: Lori Watson Date: Mary An Burke Date: `0'1 q —ev,s iana L. Cordray, C, Clerk- Treasurer Date: /0 q /o5 7 Instrument prepared by Douglas C. Haney, Carmel City Attomey, One Civic Square. Carmel, Indiana 46032 J i N /CD/ 3 O Q7 Z CO t N O o cnO II LI 44 oc ih.§ c lik `a 'E LS .5 kt a) ...,w.30 0000 w2+�+ II 0 0 11 o 11 o 1/ o n SA uon Op `J f1 Q� .310 Q II Zm x o`z W 4 E o p' x ,Zl '££JZ M v ££,lt F .00 S ;so] b a ouDJ {uoN £l dysuMol '6 1J011Da0 to ;Io;_i Iso auk )o uq 4S,,M Y 'o n 74-, co N a s: O U� `z a__�:. c v 0 E p D o ej J 3A i o 3 00 wt7) OWO 0 0 w w y W W Oa c) 4 �aa -1 oa O�mg d.a, 0 cz C a i O c. I r u w r &2 T w oo m �v t N o o E roi 2 y N r z 0 z o LL N� to w wya- a 'Z Zrmyo z a oz� 0 ,-c a c� oa 2 W> Z 0 a< 0 a 0 2 x aN Uw L.,,-0 i 2 c x o m 0 8w rice r 1. 2 O. z Z R z a K F 1 W II- wzxw f%�w 00 0 .5. m zx z z (V i U w et et At ,3£'6HZ X01, t 1..00 uorpas jo JaLDTitj- 152:54 8 V a N 0 Mueller South Exhibit B Part of the South. Half of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest corner of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55 minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of 3,302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is.parallel with the South line of s?id Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that is 154 :10 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1,718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGSWOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana, the Secondary Plat of which, as amended December 22. 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 .degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10 feet to the Southeast corner of the North Half of said Southwest Quarter; thence North 89 degrees 51 Minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1,521.03 feet to the Northeast corner of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder of Hamilton County, Indiana, on page 865 of Deed Record 329, said corner being 1,146.65 feet East of the Northwest corner of the South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast corner of said real estate, said corner lying on a line that extends South 89 degrees 51 minutes. 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest corner of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line''and the Westerly prolongation thereof, a total distance of 1,145.58 feet, per the aforesaid deed, (1,144.5.5 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly corner of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning. INDY 1576006v.1