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122nd/Adams - Carmel Executive Office Park 1 DULY ENTERED FOR TAXATION Subject to final acceptance for transfer I 1 day of lavuLaL 20 200300014752 Filed for Record in £oln„t 7 ityrk 1d.> Auditor of Hamilton County HAMILTON COUNTY INDIANA JENNIFER J HAYIEN Parcel 02-11-2003 02:17 pm. LIMITED WARRANTY DE D DEED 28.00 THIS INDENTURE WITNESSETH, That Carmel Drive Executive Office Park, LLC "Grantor CONVEYS AND WARRANTS to the City of Carmel, Indiana "Grantee for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate located in Hamilton County, state of Indiana (the "Real Estate See Exhibit "A" attached hereto and incorporated herein 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. TEMPORARY CONSTRUCTION EASEMENT Grantor also grants to Grantee a temporary construction easement over and across the real estate described in Exhibit "B" attached hereto (the "Easement Parcel which Easement Parcel is located adjacent to the Real Estate. Grantee's temporary easement rights shall extend from the date of this deed until (i) the construction of the portion of City Center Drive involving the Real Estate is completed, or (ii) December 31, 2002, whichever shall first occur. Grantee agrees to restore any portion of the Easement Parcel disturbed by Grantee in the course of its construction activities to substantially the same condition as existed at the time such construction activities commenced. 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 warrants that he /she is a duly authorized agent, officer, general partner, member or manager of Grantor and is empowered to execute and deliver this deed; that Grantor has full capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has executed this deed this 2 1 day of Moare*- 2001. Grantor: CARMEL DRIVE EXECUTIVE OFFICE PARK, LLC, an Indiana limited liability company By: KCP Corp., an Indiana corporation, a Manager By: ...2.42 Frank C. Cosmas, President 2 STATE OF INDIANA SS: ACKNOWLEDGMENT COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Frank C. Cosmas, the President of KCP Corp., an Indiana corporation, a Manager of Grantor, who, having been duly sworn, acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of said corporation, for and on behalf of said limited liability company. Witness my hand and Notarial Seal this 21st day of March 2001. My Commission Expires: BEN E SAS Notary Public NOTARY PUBLIC STATE OF INDIANA HAMILTON COUNTY MY COMMISSION EXP. JAN, 31,2001 Printed Resident of County This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath Lyman, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282. Send tax bills to: After recording, return deed to: Robert A. Hicks, Attorney, Hall, Render, Killian, Heath Lyman, P.S.C., Suite 2000, Box 82064, One American Square, Indianapolis, IN 46282. 03193rah/parcel 4 11/08/00 3 EXHIBIT "A" Q Pagelof2 Project 122` Street Adams Street City of Carmel Hamilton County, Indiana Parcel 4 Fee Simple A part of Block 6 in Carmel Science and Technology Park, the plat of which was recorded on November 20, 1986 in Plat Book 13, pages 65 thru 71 in the Office of the Recorder of Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B described as follows: Beginning at the southwest corner of said block, designated as point "93" on said plat; thence North 14 degrees 31 minutes 06 seconds West 38.22 feet along the western line of said block to point "27" designated on said plat; thence Northeasterly 141.93 feet along an arc to the left and having a radius of 535.00 feet and subtended by a long chord having a bearing of North 71 degrees 28 minutes 05 seconds East and a length of 141.51 feet to point "309" designated on said plat; thence South 43 degrees 03 minutes 04 seconds East 12.53 feet to point "310" designated on said plat; thence South 42 degrees 05 minutes 11 seconds East 10.37 feet to point "311" designated on said plat; thence Northeasterly 207.81 feet along an arc to the left and having a radius of 557.00 feet and subtended by a long chord having a bearing of North 52 degrees 30 minutes 41 seconds East and a length of 206.61 feet to point "312" designated on said plat; thence North 41 degrees 49 minutes 23 seconds East 5.81 feet to point "19" designated on said plat; thence Northerly 58.84 feet along an arc to the left and having a radius of 40.00 feet and subtended by a long chord having a bearing of North 0 degrees 18 minutes 57 seconds West and a length of 53.67 feet to point "22" designated on said plat; thence North 42 degrees 27 minutes 17 seconds West 375.84 feet to point "29" designated on said plat; thence North 25 degrees 45 minutes 19 seconds West 52.20 feet to point "99" designated on said plat, which point is on the northeastern line of said block; thence South 42 degrees 27 minutes 17 seconds East 430.09 feet along said northeastern line to point "123" designated on said plat; thence along said northeastern line Southeasterly 19.82 feet along an arc to the left and having a radius of 735.00 feet and subtended by a long chord having a bearing of South 43 degrees 13 minutes 37 seconds East and a length of 19.81 feet to point "122" designated on said plat, which point is on the west line of said block; thence along said west line Southwesterly 29.96 feet along an arc to the right and having a radius of 20.00 feet and subtended by a long chord having a bearing of South 1 degree 05 minutes 17 seconds East and a length of 27.23 feet to point "121" designated on said plat, which point is on the southeastern line of said block; thence South 41 degrees 49 minutes 23 seconds West 28.72 feet along said southeastern line to point "119" designated on said plat; thence along said southeastern line Southwesterly 375.97 feet along an arc to the right and having a radius of 640.00 feet and subtended by a long chord having a bearing of South 58 degrees 39 minutes 09 seconds West and a length of 370.59 feet to the point of beginning and containing 14,004 square feet or 0.321 acres, more or less. GASV\ProjectA55090\122ndSADesc \122 -desc zippedki.doc EXHIBIT "A" Page 2 of 2 Project 122 Street Adams Street City of Carmel Hamilton County, Indiana Parcel 4 Fee Simple oeeeeeeeeet,, Given under my hand and seal May 7, 2001 cl, SS 9�� WOOLPERT LLP 1 s o '�P� No. Fd 4 1 S0386 STATE OF 's document was prepared for the City of �;olA0/ 4 4`�.�` Carmel, Indiana by John R. Heshelman, Indiana S R u Registered Land Surveyor, License Number S0386, State of Indiana This description was written from information obtained from the Recorder's Office and other sources, which were not necessarily checked by a field survey. GISVAProjectsl55O90t122ndSt\Desc \122 -desc zippcd4.doc 0 I PARCEL 4 FEE TAKING IBIT POINT BEARING DISTANCE TO POINT 93 N 14;31'06' W 38.22' 7 RIGHT -OF -WAY PARCEL PLAT N 7805 040 lialgre )1111 309 S 43'03 04 .12.5J 310 PREPARED FOR C Y OF CARMEL f 310 S 42'05'11' E 10.37' 311 POINT REFERENCE CHART 311 N 52'70'41' (0?0 206, 61 '(CRD) 312 312 N 41'492J E 5.81' 19 POINT NG14TH EAST S TA770N OFFSET C 19 N 07785 ••.I 53.6 Q•)1• NEa 1 18 &Kiel WFIP A: 11 5310 VIV Li 22 N 4277 17 W 375.84 29 WM 1 1856•.1109 1942 ;.07.0 0120.201MOIIMINUM 29 N 25'45'19" W 52.20' 99 1 1858 99; 194 2 ;9 19 +25.84 50.00 R -7 99 S 4277'17" .430.09' 1 ?3. 26 1718536.0659 194216.5597 .41 +76.86 53. L R 723 S 457.337 0R0, .19.81 'CRD 122• 27 1718375.5331 193910.3934 37 +86.83 65.00 L R 122 S 01051 0?0ME1(ED= 121 29 1718864.6964 193973.8979 15 +50.00 501 R 1 -R 121 S 4 1'49 23 .W 28.72 11 9 93 1718338.5295 193919.9758 37 +89.33 26.8 L R 119 S 5K79 09 CRD j 370.59 fff:011 93 99 1718911.7121 193951.2148 .15 +00.00 35.00 R S -I -R AREA 14,004 0.321 ACRE 1111.2n 1 1011.1WANFIMMET'>rl 47 +8•. 9 .T tIll PARCEL 4 TEMPORARY R/W 18 7.f 94 t 1 42 +1 1 L POINT BEAR /NC DISTANCE TO POINT 122 1718579.9486 194263.0987 19 +48.96 35.00 R S -t-R 12J 1718594.3863 19424 f. 5281 19 +30.09 35.00 R S -1-R 10 N 52;791 f G40 205.59 EX) 26 0 1 1842.. 09 194044. 49 39+46.00 65.00 L 26 N 41'49 23 32.27 21 310 1718411.3531 194053.1187 39 +49.89 53.00 L 21 5 210705" ►KCRO)) 28.28'(CR0) 1 9 311 1718403.6543 194060.0778 39 +5 .43,00 1. 19 5 41'49'23 W 5.81' 312 312 1718529.3975 194224.0118 41 +76. ;6 4 312 5 57',50'41" N 'GR0) 206.61 '(CRO) 371 10 311 N 42'05'11 W .10. JT 310 i gu -r. 3 ;j�,'•- +rp1 I 1 AREA 2,313 SP. 0.053 ACRES 1048 ii21 ;11ZAW RM 1 :1.� ;b7 ;M i BLOCK 7 .uFJ r' CAR MEL SCIENCE maiNOLOGY PARK 1 (P.a 13, PG 66 67) il% 1,. til IN JV TtVYENT 198476 23 6t) e. e la, R 733' BLOCKS B LOCK 6 o L...19.82' ,h 4I` ee• 4 f DRAINAGE EASEM J jai BLOCK 9 U.E. al.. E. 1 R q.1 L'Sd84' q.4 e' R -547 6.1 R =20' ill L- ?06.8 41:) L ?9. Rte' s. t RW r i 1 y �4t 4,, LINE :::sisai;airaori5 ,t j� Iji9 las 0 TELP. R/ illeo p 557 S 30 122nd STREET .35 LINE R -640' R -535 L- 375.97 v L- 141.93' BLOCK 10 c0N eL GnF.roA�IAL BLOCK 11 Station offsets from Locution Control Route Survey or to control over North Eost Coordinotes over 8eorings Distances. This plot wos prepared from information obtained from the Recorder's Office SCALE 1" as 200' and other sources which were not necessarily checked by o field survey. Subject to any and all easements, conditions and restrictions of record. 0 200 400 S'•• s•.. es •s SURVEYOR STATEMENT T o the best of my knowledge and belief, this plat, together with the 'Location 8 Control Route Survey Plat' recorded as Instrument No. 199909943264, recorded .t'" E C 7/22/99 In the Office of the Recorder of Hamilton County, Indiana (Incorporated and made a part hereof by reference) comprise a Route Survey �P G\STt:q F� E executed In accordance with Indiana Administrative Code 865 !AC 1 -12, (pule 12 u�� LS 29800021 l i Certified this day of July, 1999. c WOOLPERT LLP STATE OF N IAN�Q�.• f SURD David E. Lauer '..uun..... I Registered Land Surveyor no. LS29800021 State of Indiana I HATCHED AREA IS THE APPROXIMATE TAKING OWNER CARMEL DRIVE EXECUTIVE PARK OFFICE. LLC 1 1111 WOOLPERT LLP PARCEL 4 SECTION 35 COUNTY HAMILTON I 7140 WALDEMAR DRK P DUWAPO iS. W 46268 PROJECT 122nd -ADAMS ST. TOWNSHIP 18 14, DRAWN BY: J.A. FOSTER 4 -07 -98 a OIJ?FRT pl 317.299.7500 IMPROVEMENTS RANGE 3 E. CHECKED BY: M.W. TEEPE 4 -07 -98 EXHIBIT "B" Project 122 Street Adams Street Page 1 of 2 City of Carmel Hamilton County, Indiana Parcel 4A Temporary Right of Way for Slope Construction A part of Block 6 in Carmel Science and Technology Park, the plat of which was recorded on November 20, 1986 in Plat Book 13, pages 65 thru 71 in the Office of the Recorder of Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B described as follows: Commencing at the southwest corner of block, designated as point "93" on said plat; thence North 14 degrees 31 minutes 06 seconds West 38.22 feet along the western line of said block to point "27" designated on said plat; thence Northeasterly 141.93 feet along an arc to the left and having a radius of 553.00 feet and subtended by a long chord having a bearing of North 71 degrees 28 minutes 05 seconds East an a length of 141.51 feet to point "309" designated on said plat; thence South 43 degrees 03 minutes 04 seconds East 12.53 feet to point "310" designated on said plat and the point of beginning of this description: thence Northeasterly 206.82 feet along an arc to the left and having a radius of 547.00 feet and subtended by a long chord having a bearing of North 52 degrees 39 minutes 17 seconds East and a length of 205.59 feet to point "26" designated on said plat; thence North 41 degrees 49 minutes 23 seconds East 32.27 feet to point "21" designated on said plat; thence Southwesterly 28.91 feet along an arc to the right and having 0 a radius of 40.00 feet and subtended by a long chord having a bearing of South 21 degrees 07 minutes 06 seconds West and a length of 28.28 feet to point "19" designated on said plat; thence South 41 degrees 49 minutes 23 seconds West 5.81 feet to point "312" designated on said plat; thence Southwesterly 207.81 feet along an arc to the right and having a radius of 557.00 feet and subtended by a long chord having a bearing of South 52 degrees 30 minutes 41 seconds West 206.61 feet to point "311" designated on said plat; thence North 42 degrees 05 minutes 11 seconds West 10.37 feet to the point of beginning and containing 2,313 square feet or 0.053 acres, more or less. ���ititntnn�,,�� Given under my hand and seal May 7, 2001 aSHE� WOOLPERT LLP '11*' S F9Fp•9 No. r. S0386 STATE OF his document was prepared for the City of ''�i Carmel, Indiana by John R. Heshelman, Indiana SU Registered Land Surveyor, License Number irt, t��' S0386, State of Indiana This description was written from information obtained from the Recorder's Office and other sources, which were not necessarily checked by a field survey. G:\SV\Projea0.550901122ndSt\Desc \122 -desc zipped\4adoc f PARCEL 4 FEE TAKING POINT BEARING DISTANCE TO POINT V rafrie ©t xr 4 `all■ 1 RIGHT-OF-WAY PARCEL PLAT IlEbill FAVE0 M 1EPAMI lE mac_ y kar4 ifin Norm' PREPARED FOR a' Y OF CARMEL 3 i it N 573041 61 PreXiMIN/IINI1E21111 POINT REFERENCE CHART IFINIMD:1260tIlL410.11M11111111=IMBEEMBI POINT NORM EAST STATION OFFSET WEIS N 0078 CROMELtiffiffy.91111 19 1718533.7262 194227853 41 +82.66 43.00 1. R 22 N 422 17 W 7 .:4 9 21 1718560.1109 194238 07760 .42+09.09 53.00 L R 29 N 254579 W 52.20" 99 22 1718587.3998 1942275895 19 +25.84 50.00 R 5-1-R 99 S 422717 E ,430.09" 123 26 1718536.0659 1942165597 41 +76.86 53.00 1. R WEENI iiiiK 122 27 1718375.5331 193910.3934 37 +86.8365.00 1. R ®S 01125 E C' 9 ]EIMEgYCRO BM 121 29 1718864.6964 193973.8979 15 +50.00 50.00 R S-1 -R NELMEirflifflE0bE41110111M 119 93 1718338.5295 193919.9758 37 +89.33 26.85 L R KELM S 58'3909 dADmgro'iom 93 99 1718911.7121 .19.3951.2148 15 +00.00 35.00 R S-1-R AREA 14.004 S a321 ACRES 119 1718531.3197 194236.4671 41 +86.59 35.00 L R PARCEL 4 TEMPORARY R/W 121 1718552 7190 194255.6159 42 +15.31 35.00 L R POINT BEARING DISTANCE 10 POINT 122 1718579.9486 1942550987 19 +48.96 35.00 R S-1-R 2791 J 9 6 123 1718594.3863 194241.5281 19 +30.09 35.00 R S-14 10 N 5 309 1718420.5095 194044.5649 39+46.00 65,00 L R 26 N 2 391 If fill N 449 2 070, 8.28 2 1 1 1 310 1718411..3531 194053.1187 39 +49.89 53.00 L R 5 11 311 1718403 6543 194060.0718 39 +5.x00 43.00 L R 19 149 23 W .31 4' 4 I W 206 6 (�a�7� 311 312 1718529.3975 194224.0118 .41 +76.86 .4300 L R K1 G1PD, 206. 310 1049 1718492.6978 194506.0974 103 +56.23 0.00 A 311 N 421 AREA 2.313 IF. 0.053 ACRES 1050. 1719394.7880.194562.7937 .112 +6010 0.00 A 1048 1718242. 192580.8858 84+14.76 0.00 A BLOCK 7 050 r' `N CARVEL SCIENCE TECHNOLOGY PARK (Pa 13, PG 66 -67) i l INTT?UMENT 19843623 e� 9 9 •R -735' BLOCK 5 BLOCK 6 o L.,19.82' 4) I DRAINAGE EASEM BLOCK 9 U.E.BaC f. l -40' R 5684' =4 L R -547' 11 R= ?0" 0 ��L- 206.82 L=29.. TEMP,' 4 #4E41.11%41011•11.si, mi Iv R/W !j, LINE :4-fairrigiavapp,,,...4* au itR r- TEMP• R/w e -557 1 e(4 V c -zo7s1 30 122nd STREET 35 LINE V R 640 R -535' L- 375.97' L- 141.93' BLOCK 10 1 ccNQ11 Stotion offsets from Location Control Route Surv+ey�'e to BLOCK 11 control over North East Coordinates over Bearings Distances. This plot wos prepared from information obtained from the Recorder's Office SCALE 1° 200' and other sources which were not necessarily checked by o field survey, Subject to ony and oll easements, conditions and restrictions of record. 0 200 400 SURVEYOR STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location S Control Route Survey Plat' recorded as Instrument No. 199909943264, recorded 7/22/99 In the Office of the Recorder of Hamilton County, Indiana t. q (Incorporated and made a part hereof by reference) comprise a Route Survey QP G�5TF,4�,<<# g execu in accordance with Indiana Administrative Code 865 !AC 1 -12, ("Rule Q 12 7• a LS 29800021 Certified this s day of July, 1999. WOOLP LLP STATE OF t O SURV� o David E. Lauer ,,..0 1...u..10. t I Registered Land Surveyor no. LS29800021 State of Indiana v i 11111111 o HATCHED AREA IS THE APPROXIMATE TAKING 1 M il WOOLPERT LLP OWNER CARMEL DRIVE EXECUTIVE PARK OFFICE. LLC 7140 MIALDEYAR DRIVE PARCEL 4 SECTION 35 COUNTY HAMILTON it 888w8Ap0u5, IN 46268 PROJECT 122nd -ADAMS ST. TOWNSHIP 18 I4. DRAWN BY: .1.A. FOSTER 4 -07 -98 ph. 317.299.7500 IMPROVEMENTS RANGE 3 E. CHECKED BY: U.W. IEEPE 4 -07 -98 e l WOOIZERT