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Oakridge/136th-146th - Lawburg, John/Nada jf j c (20 200400066685 s4r 411111 Filed for Record in HAMILTON COUNTY, INDIANA LIMITED WARRANTY DEED JENNIFER J HAYDEN I WARR 4 DEED At 12:10 c0.00 00 THIS INDENTURE WITNESSETH, That John Lawburg, Jr. and Nada J. Lawburg Husband and Wife "Grantors grant, convey, bargain and sell to The City of Carmel "Grantee for the sum of Three Thousand and No /100 Dollars ($3,000.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, state of Indiana: See Exhibits A and B attached hereto and incorporated herein by this reference. Land and Improvements: $3,000.00 Damages: -0- Total Consideration: $3,000.00 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. Grantors, as their sole warranty herein warrant to Grantee and its successors and assigns, that Grantors 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 Grantors, but against none other, which claims are based upon matters occurring subsequent to Grantors' acquisition of the Real Estate. Grantors, without warranting the existence of any such rights, also quitclaim to Grantee any right Grantors may possess with respect to any representation, warranty, including warranties of title, covenant or other obligation running to Grantors and touching and concerning the Real Estate. WITNESS WHEREOF, Grantors have caused this deed to be executed this /(...o day of t' 2004. GRAN •RS: DULY ENTERED FOR TAXATION c° ZL Subject to final acceptance for transfer X 4.,"- i s ohn Lawburg, Jr. day of�� ZOO o�t,►1 X Ce Audi for of Hamilton Courtly Nada J.' aw Parcel �l-J y q r ,y t f �rl 0 STATE OF o4.m1 SS: h COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared John Lawburg, Jr. and Nada J. Lawburg Grantors, who acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of such Grantors, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this /7 day of ■u 2004. My ommission Expires: Notary Pu is County of Residence: /C G .r Printed 0 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: One Civic Square, Carmel, IN 46032 After recording, return deed to: 2 EXHIBIT "A" Project: 04 -04 CLAY WEST OAKRIDGE ROAD Sheet 1 of 1 Parcel 1 Fee A PART OF LOT 345 IN THE VILLAGE OF MOUNT CARMEL, SIXTH SECTION, AN ADDITION TO THE CITY OF CARMEL INDIANA, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 5, PAGE 106, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTORS' LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING at the southeast corner of said Lot 345; Thence North 00 degrees 00 minutes 11 seconds West, along the east line of said lot, a distance of 113.85 feet to the PLACE OF BEGINNING; Thence North 56 degrees 47 minutes 28 second West, a distance of 48.37 feet to the north line of said lot, Thence along said north line of said lot Southeasterly 15.47 feet along an arc to the left and having a radius of 340.00 feet and subtended by a long chord having a bearing of South 88 degrees 42 minutes 58 seconds East and a length of 15.47 feet to the northeastern line of said lot, which is the southwestern right -of -way of the intersection of said Adios Pass and Oak Ridge Road, Thence along said northeastern line of said lot Southeasterly 39.28 feet along an arc to the right and having a radius of 25.00 feet and subtended by a long chord having a bearing of South 45 degrees 00 minutes 40 seconds East and a length of 35.36 feet to the east line of said lot, Thence South 00 degrees 00 minutes 11 seconds East, along said east line of said lot, a distance of 1.15 feet to the PLACE OF BEGINNING. CONTAINING 0.009 ACRES (SQUARE FEET), MORE OR LESS. 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 April 20, 2004, from the original deed records of the property described and was based upon plans prepared by GAI Consultants for the Oak Ridge Road Improvement Project (Carmel City Project #04 -04), and dated April, 2004. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. .�a._ ;q 1 10T TRENT E. NEWPORT 4.(c, INDIANA LAND SURVEYOR No. LS 29600021 �4 NO. LS 29600021 STATE OF HMO i �°10.:•/0:441 q2X-€ YPARCEL: 01 E>(/IiBI7" nB n DRAWN BY MAW 04 -12 -2004 PROJECT No.: 04 -04 CHECKED BY TEN 04 -12 -2004 RC/AD: OAK RIDGE ROAD OWNER: LAWBURG, JOHN JR. NADA J. SCALE 1" 100' 0 COUNTY: HAMILTON RECORD DOCUMENT: INST. #9709736261 ADDITION: THE VILLAGE OF MOUNT CARMEL, SIXTH SECTION I- 'x31 gk I HATCHED AREA IS THE SECTION: 23 APPROXIMATE TAKING TOWNSHIP: 18 NORTH This plat was prepared from information obtained from the Office of the Recorder of Hamilton County, and from plans prepared by GAI Consultants dated April, 2004 RANGE: 3 EAST for the City of Carmel (Project No. 04 -04) and was not necessarily checked by o field survey. The basis of bearings for this plat and legal description are based upon the plans prepared by GAI Consultants doted April, 2004. LOT 319 LOT 77 NORTH 0 0' 0 50' 100' Lii n 10' EASEMENT FOR LI POLE 190' 1'= loo' V 10' EASEMENT FOR LIGHT POLE 2 150.00' LOT 320 0 o N\ lo• 4 H 62.19' F.: c Ill l;3 g 3 V \MI L 62.34' APP EXIS R/W 3 o LOT 78 n A 13'44'12 4:1 C L 104.51' s� 0 LOT 79 L 1 7'49 55' 4 O I Os 0 W bb (50 P/J JS' CH 175.12' 'P k 2 150.00 APp s L 78.61' 'Doi'. T R� S6 C 10481 3921 36' ADIOS PASS 4 0 L 105.22 APP. EXIST. R /APP. EXIST. R/W IP A 17 4 3'58" POB 125.00' i LOT 344 EASEMENT C] 6 J o LOT 15 N \N ON ve 4; C o C kSw r O i o ff RES. A 3 L�.1 MOV `I y �ti LOT 345 :-_-.0 ((..D \��P FC r C N P E P W o SE CS \ON, Ci\ `F 3C) LOT 16 10' EASEMENT FOR LIGHT POLE 8 z 8 j6' D. U. ESUT. Y 150.00' 1 0 10' D. U. ES6 D U. ESA(T. t\ 0 0 10' D. U. ESLff. `1- 0 LOT 14 g 148.29' 0 Os A, 0 LOT 346 0 .TP- VILLAGE OF MOUNT CARMEL, SIXTH coo SECTION, AN ADDITION TO THE CITY N LOT 17 y OF CARMEL, INDIANA W H ao 'r (P.B. 5, PG. 106) o 0 II 227.98' LOT 13 LOT 347 1 1 10' EASEIfFNT FOR LIGHT POLE PREPARED BY: ADIOS PASS AREA (50' RiW) APP. EXIST. R/W ACRES (SQ. FT) P Cl TOTAL 0.585 (25,500.5) mffirrs R/W TAKE 0.009 (389.7) Q RESIDUE 0.576 (25,110.8) N6 0 cc a. CURVE TABLE Q RES. A POB Wi o CC CROSSROAD CURVE ARC L RADIUS CH BRG CH L 1 Q Y ENGINEERS, PC C1 I 15.468' 340.000' S88'42'58'E 15.467' In a O C2 1 39.277' 1 25.000' S45'00'40'E 1 35.360' b 8 O Transportation DETAIL Development Consultants 3417 S. SOWN 04., 88001 01080. w 46707 (317)760 -1555 SCALE 1'= 40' 0 ALA- REV -29 Code N/A STATEMENT OF THE BASIS FOR JUST COMPENSATION 1. This is a written statement of, and summary of the basis for, the amount established through a valuation process as just compensation for the purchase of this right -of -way for highway purposes. The amount set forth in Item 5 below is not less than the approved estimate of value. Public Law 91 -646 provides that this value disregards any decrease or increase in fair market value of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical deterioration within reasonable control of the owner. 2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this acquisition is identified in the Acquiring Agency's recorded as: Project Clay West 04 -04 Parcel 1 Road Oak Ridge Road City /County Hamilton Owner(s) John Nada Lawburg 3. The area and type of interest being acquired: 392 square feet permanent right -of -way The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest is being acquired separately in whole or part, except as may be explained in Item 8 below. 4. This acquisition is (check one) a. A total acquisition of the real property b. (X) A partial acquisition of the real property. 5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real property is as follows: a. Total Land, Land Improvements and Buildings 3,000 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc. N/A c Other Damages (Itemize) 0 Cost -to -Cure Estimate N/A d Temporary Right -of -Way N/A Total Just Compensation offered for this Acquisition is: 3,000 6. The amount in Item 5 may include payment for the purchase of certain buildings and improvements and their ownership shall pass to the Acquiring Agency. These buildings and improvements are identified as follows: N/A 7. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment, Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows: Established lawn area and trees 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: N/A 9. Remarks: Owner expressed concern about lack of access north on Oak Ridg- Road �ue to new medi. May 7, 2004 11,4 .4 0 Date i�: nature Josh C. Traynor, GAA, RAA Indi a Certified General Appraiser Form 36551 (Rev. 3/96) CG69100233 </2-4/05/ 1 ij NatketwA City. ,617 No. National City Sank 0 T1. Wit Operations P 0 Box 94777 clovelamtoilio Cleveland OH 44101-4777 National City Bank 100027169e 38 ■442 3 1.-.4.10..-7 3 CS/2 1/ Qi 1 ***3 v 0 CO CC PAY TO 7 rit JOHN L A ii8URG e JR 4 NADA J. LAlisBURG o i Ely Ci: ttti‘;INEERINC• AVM JUDY ONE C L VA A SZUkftE CA 1104EIL.• I N ito 03 .1 wolut AUT 1..) 6 iGNAIU I t 0 58 SIB LeGoo 1:04 10000 I 241: 39 LS 70 c: i/Leci,<, i)e 4 73 8 -)1- 0 C P ()V- ci, 0 02. 48.€ q../ 4 Ti% ZO'd Tt. 99G LIE 1S. Wt.+ 92:VO t700 -60 -d3S