106th/Gray - American Aggregates OULY E N T E R E D FOR TAXATION transfer
Subject to final acceptance
=day of 1
0,
oft 7 .2.1 Aud' or of Hamilton County �1 led11 for Fi led or r in
g HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
Parcel W 06-28-2005 At 11 =20 am.
SP WAR DEED 30,100
Cross reference: Deed Record 150, Page 552, Dated 9 -29 -1956 Project: Gray Road
Deed Record 330, page 16, Dated 3 -19 -1982; Deed Record 208, page 74, Dated 10 -31 -1966 Parcel: American Aggregates
Instr. No. 9547788, Dated 6 -30 -1995; Deed Record 329, Page 32, Dated 12 -14 -1981
Instr. No. 9552806, Dated 9 -11 -1995
SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, That American Aggregates Corporation, an Ohio corporation, D/B/A
Martin Marietta Aggregates "Grantor of Hamilton County, in the State of Indiana CONVEY and
SPECIALLY WARRANT to the CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety (the
"City for the sum of Three Hundred Thirty -Five Thousand Nine Hundred Fifty -Five No /100 Dollars 335,955.00
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate
in Hamilton County, State of Indiana (the "Real Estate
See Attached Exhibit "A "B" and "C"
for use as a public road as well as drainage, multi -use paths, public utilities, and all other uses which are normally incidental to use of public rights -of -way.
Gross Income Tax for this Conveyance has been paid.
Reserving to Grantor a all sand, gravel, limestone, aggregate, oil and gas beneath the surface of the Real Estate; provided, however, that Grantor shall have no right to
enter through the surface of the Real Estate for the extraction or removal of any such minerals but shall have the right only to extract and remove such minerals by
underground mining at a depth beginning 100 feet below the surface of the same; b a right to encroach in the manner, scope and location as set forth on attached
Exhibit 13", incorporated herein by reference beneath portions of the surface of the Real Estate sufficient for the placement of six (6) conduits, each of a diameter of
twenty -four (24) inches, such conduits to traverse the Gray Road right -of -way from east to west within and /or abutting the Real Estate, within which Grantor shall have
the right to place, operate and maintain utility lines for inter alia, water, sewer and electricity for so long as mining and /or processing operations are conducted on the
Real Estate owned by Grantor on each side of Gray Road between 96t Street and 106` Street in Carmel, Indiana; c) reasonable access for one (1) vehicular crossing_
east and west across the Gray Road right -of -way within or abutting the Real Estate, such crossing to be designated by a ground mounted traffic warning flasher as per a
design approved by the City; and d a right to encroach in the manner, scope and location as set forth in the attached Exhibit "C incorporated herein by reference,
beneath that portion of the surface of the Real Estate as is sufficient for the placement, operation and maintenance of an underground electric line to traverse the Gray
()Road right -of -way from east to west within and /or abutting the Real Estate. Grantor shall conduct its underground mining operations and its use of the foregoing rights
to encroach and access rights so as not to unreasonably or in an unsafe manner interfere with the free flow of traffic on Gray Road.
Grantors rights and reservations are also set forth in that certain Agreement in Lieu of Condemnation by and between Grantor and Grantee dated April 13, 2005, and
recorded as Instrument No. 900500097054 on MAY 6 2005, in the office of the Hamilton County Recorder. The Agreement in
Lieu of Condemnation also includes certain temporary rights of way from Grantor to Grantee. In the event of a conflict between this deed and the Agreement in Lieu of
Condemnation, the Agreement in Lieu of Condemnation controls.
The warranty of the title by grantor is limited to a warranty against the acts of Grantor and those claiming by, through or under Grantor during or in respect of Grantor's
period of ownership of the Real Estate and not otherwise.
This instrument prepared by Douglas C. Haney Attorney at Law, from information provided by United Consulting Engineers, Inc.
The undersigned person(s) executing this deed represent and certify on behalf of the Grantor, that he /she is a duly elected officer of the Grantor and has been fully
empowered by proper resolution, or the by -laws of the Grantor, to execute and deliver this deed; that the Grantor is a corporation in good standing in the State of its
origin and, where required, in the State where the subject real estate is situate; that the Grantor has full corporate capacity to convey the real estate described; and that all
necessary corporate action for the making of this conveyance has been duly taken.
IN WITNESS WHEREOF, Grantor has executed this deed this 7 day of 20 O.
American Aggregates Corporation, an Ohio corporation
i
By:
Signat r
j die 4r/447
Printed Name ,e
STATE OF INDIANA
SS: ACKNOWLEDGMENT
COUNTY OF N qn) I LTO ►J
Before me, a Notary Public in and for said County and State, personally appeared
So) T Tl
Swho acknowledged the execution of the foregoing Special Warranty Deed to be its /his/her /their voluntary act and deed, and who,
having been duly sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this 71-11 day of. LI 2005
My commission expires: Signature f C 67-42 -00
//61Q009 Printed LINDA L Ldp N 1 ER Notary Public
61:10Z'S[7kON'd)3 NIOISSIYdWOJ AI/t1",, ii r ,Resident of 14 Am I L7cP. County, Indiana
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VNVIQNII dO 3LVJS DI'IH(1d janctia,tkid 10
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This instrument prepatiec brp bousIs i tnev Ito ney at Law, from information provided by United Consulting Engineers, Inc.
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CITY OF CARMEL
OFFICE OF THE CLERK TREASURER
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
EXHIBIT "A"
Tract "Al" Sheet 1 of 4
Fee Simple
A part of the Northeast Quarter of Section 8, Township 17 North, Range 4 East,
Hamilton County, Indiana, described as follows:
Commencing at the southeast comer of said quarter section; thence North 0 degrees 11
minutes 20 seconds East 924.49 feet (assumed bearing) along the east line of said section to the
northeast corner of the 2.37 -acre tract described in Deed Record 208, page 74; thence North 89
degrees 19 minutes 43 seconds West 45.00 feet along the north line of said 2.37 -acre tract to the
west right of way line of Gray Road and the Point of Beginning of this description: thence
continuing North 89 degrees 19 minutes 43 seconds West 15.00 feet along said north line; thence
parallel with the east line of said section North 0 degrees 11 minutes 20 seconds East 1,661.10
feet to the south right of way line of 106th Street; thence South 89 degrees 17 minutes 57
seconds East 15.00 feet along the right of way of said 106th Street to the west right of way line of
said Gray Road; thence parallel with the east line of said section South 0 degrees 11 minutes 20
seconds West 1,661.09 feet along said right of way to the Point of Beginning and containing
0.572 acres, more or less.
Subject to all easements and rights of wa
J Y of record.
EXHIBIT "A"
Tract `B 1" Sheet 2 of 4
Fee Simple
A strip of land 60 feet off of the east end of the following described real estate:
Part of the Northeast Quarter of Section 8, Township 17 North, Range 4 East described as
follows: Beginning at a point 546.8 feet North of the Southeast corner of said Northeast Quarter
and run thence North on the East line of said Quarter Section 377.69 feet to a point, thence West
parallel with the South line of said Quarter Section 346 feet to an iron stake; thence Southeasterly
to a point 203 feet directly West of the place of beginning; thence East 203 feet to the place of
beginning.
The above described 60.00 foot strip contains 0.520 acres, more or less, inclusive of the
presently existing right -of -way which contains 0.143 acres, more or less, for a net additional
taking of 0.377 acres, more or less..
Subject to all easements and rights of way of record.
EXHIBIT "A"
Tract "Cl" Sheet 3 of 4
Fee Simple
A part the Northeast Quarter of Section 8, Township 17 North, Range 4 East, Hamilton
County, Indiana, described as follows:
Commencing at the southeast comer of said quarter section; thence North 89 degrees 19
minutes 36 seconds West 45.00 feet (bearing based upon the assumption that the east line of said
section has a bearing of North 0 degrees 11 minutes 20 seconds East) along the south line of said
quarter section to the west right of way line of Gray Road and the Point of Beginning of this
description: thence continuing North 89 degrees 19 minutes 36 seconds West 15.00 feet along
said south line; thence parallel with the east line of said section North 0 degrees 11 minutes 20
seconds East 546.80 feet to the south line of the 2.37 -acre tract described in Deed Record 208,
page 74; thence South 89 degrees 19 minutes 43 seconds East 15.00 feet along said south line to
the west right of way line of said Gray Road; thence parallel with the east line of said section
South 0 degrees 11 minutes 20 seconds West 546.80 feet along said right of way to the Point of
Beginning and containing 0.188 acres, more or less.
Subject to all easements and rights of way of record.
EXHIBIT "A"
Tract "D1" Sheet 4 of 4
Fee Simple
A part of the Northwest Quarter and a part of the Southwest Quarter of Section 9,
Township 17 North, Range 4 East, Hamilton County, Indiana, described as follows:
Commencing at the southwest corner of the Northwest Quarter of said section; thence
North 89 degrees 45 minutes 57 seconds East 45.00 feet (bearing based upon the assumption that
the west line of said Northwest Quarter has a bearing of North 0 degrees 11 minutes 20 seconds
East) along the south line of said quarter section to the east right of way line of Gray Road and
the Point of Beginning of this description: thence parallel with the west line of said Northwest
Quarter North 0 degrees 11 minutes 20 seconds East 2,185.23 feet along said right of way; thence
North 15 degrees 39 minutes 00 seconds East 56.27 feet along said right of way; thence parallel
with the west line of said Northwest Quarter South 0 degrees 11 minutes 20 seconds West
2,239.88 feet; thence parallel with the west line of said Southwest Quarter South 0 degrees 21
minutes 13 seconds West 2,547.88 feet to the northeastern right of way of 96th Street; thence
North 46 degrees 18 minutes 48 seconds West 20.62 feet along said right of way to the east right
41) of way line of said Gray Road; thence parallel with the west line of said Southwest Quarter North
0 degrees 21 minutes 13 seconds East 2,533.71 feet along said right of way; thence parallel with
the west line of said Northwest Quarter North 0 degrees 11 minutes 20 seconds East 0.397 feet
along said right of way to the Point of Beginning and containing 1 .637 acres, more or less.
Subject to all easements and rights of way of record.
EXHIBIT
OWNER: AMERICAN AGGREGATES CORPORATION DRAWN BY: R.P. KORNAUS 4-8-04
DEED RECORD 150, PAGE 552, DATED 9 -29 -56 DEED RECORD 330, PAGE 16, DATED 3 -19 -82 CHECKED BY: T.J. COOMES 4 -29 -04
DEED RECORD 208, PAGE 74, DATED 10 -31 -66 INSTRUMENT NO. $547788, DATED 6 -30 -95
DEED RECORD 329, PAGE 32, DATED 12 -14 -81 INSTRUMENT N0. 9552806, DATED 9 -11 -95
Di
0 A PART OF SECTIONS 8 AND 9, TOWNSHIP 17 NORTH, RANGE 4 EAST
HAMILTON 7 COUNTY, INDIANA SCALE: 1 400'
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APPROXIMATE TAKING
5 4 106TH STREET
EXISTING SOUTH R/W �4
LINE OF 106TH ST.
EXISTING EAST R/W
LINE OF GRAY RD.
RIGHT OF WAY I
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CITY OF CARMEL
OFFICE OF THE CLERK TREASURER
ONE CIVIC SQUARE
CARMEL,INDIANA 46032