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P56 ROIF LLCDULY ENTERED FOR TAXATION Subject to final acceptance for transfer o6 day of 201! a Dawn CCU..,(..»' ra a County Auditor of Hamilton Coun� y Parcel jJk) WARRANTY DEED WITH LIMITATION OF ACCESS Project: 07 -08; Keystone Parkway Parcel: 56 2011040957 WARR DEED $27.00 08/26/2011 12:42:59P 6 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented IIIII I I III! I I III IIIII IIIII IIIII IIIII IIIII IIII.i VIII VIII VIII IIII!III THIS INDENTURE WITNESSETH that ROIF, LLC, an Indiana limited liability company (the "Grantor conveys and warrants to the City of Carmel, Indiana "Grantee for the sum of Twenty Two Thousand Eight Hundred Sixty Nine Dollars and No Cents ($22,869.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See Exhibit A and Exhibit B, which are attached hereto and incorporated herein TOGETHER with the permanent extinguishment of all rights and easements of ingress and egress to, from and across the public road known as State Road 431 Keystone Avenue to and from the Grantor's remaining lands as depicted in Exhibit B. This restriction is a convent running with the land and shall be binding on the Grantor and on all successors in title to the remaining lands of the Grantor depicted in Exhibit B. Subject to any and all easements, agreements, restrictions and other matters of record. It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all real estate herein described (excepting any parcels or portions thereof that are specifically and expressly designated as easements or temporary rights of way) is conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the Grantor. Grantor shall be responsible for the payment of all real estate taxes now outstanding against or which otherwise become due and payable for the real estate through and including any installment of real estate taxes due and payable through December 31, 2012. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor and all successor and assigns. The undersigned person(s) executing this deed represent and certify on behalf of the Grantor, that he /she is the Mann ct e r- (Title) of the Grantor and has been fully empowered by the Grantor to execute and deliver this deed and all other such instruments of transfer; that the Grantor is an entity in good standing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real estate described; and that all necessary action for the making of this conveyance has been duly taken. SA E dlPT FROM ES DOSCLOSJRES IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 1 "'day of August, 2011. GRANTOR: ROIF, LLC, an Indiana limited liability company BY a4A-46W .4 Name Printed:- Slat,t -c) L.: note Title: /Oa h e STATE OF A 4ic/ SS: COUNTY OF i OK My Commission Expires: County of Residence: 1833159/8824-103 NOTARY CERTIFICATION Before me the undersigned, a Notary Public in and for said County and State, personally appeare4yttni of ROIF, LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this 7 day of 2011. /l Notary Printed Name This instrument was prepared by Alan S. Townsend, Bose McKinney Evans LLP, 111 Monument Circle, Suite 2700, Indianapolis, Indiana 46204. Send tax bills to: One Civic Square, Carmel, Indiana 46032 After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Alan S. Townsend EDIT "A" Project: 07 -08 Parcel 56 Fee Simple with Partial Limitation of Access Key No. 16-10-31-00-00-016,004 Sheet 1 of 2 Apart of the South Half of Section 31, Township:18 North, Range 4 East, 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 said Half Section; thence North 01 degrees 04 minutes 45 seconds West and along the West line: of said Half Section 1752.85 feet; (the next 5 courses being along the centerline of Cannel Drive); thence North 89 degrees 55 minutes 00 seconds East 600.00 feet to the P.C. of a curve to the left, said curve having a Delta of 20 degrees 00 minutes 00 seconds and a radius of 1145.92 feet; thence, in a Northeasterly direction along said curve 400.00 feet to the P.T. thereof; thence North 69 degrees 55 minutes 00 seconds East 238.51 feet to the P.C. of a curve to the right, said curve: having a Delta of 20 degrees 00 minutes 00 seconds and a radius of 1145.92 feet; thence in a Northeasterly direction along said curve 400.00 feet to the P.T. thereof; thence North 89 degrees 55 minutes 00 seconds East 1750:85 feet (the foregoing portion of the description beginning with the words "Commencing at" is quoted from Instrument No. 200500011877) to the intersection of the centerline of said Carmel Drive and the centerline of Keystone Way; thence South 89 degrees 49 minutes 49 seconds East 154.57' feet: along the centerline of said Carmel Drive to a prolonged east line of the grantor's land; thence South .0 degrees 10 minutes 11 seconds West 40.00 along said east line prolonged to the southwestern boundary of Parkway and the point of of this description:: thence -South 35 degrees 23 minutes 19 seconds Bast 50.71 feet along the boundary of said Keystone Parkway to point "573" designated on said parcel plat; :thence North 52 degrees 36 minutes 14 seconds West 59.23 feet to point "574" designated on said parcel thence South .89 degrees 57 minutes 15 seconds West 88.28 feet to point "575" designated on said. parcel plat; thence South 54 degrees 16 minutes 05 seconds West 29.14 feet to east boundary of said Keystone Way designated as point "576" on said parcel plat; thence North 0 degrees 10 minutes 11 seconds East 22.85 feet along the boundary of said Keystone Way to the south boundary of said Cannel Drive; thence South 89 degrees 49 minutes 49 seconds East 129,56 feet along the boundary of said Carmel Drive to the point of beginning and confs+ining 0 ;030 acres, more or less. EXHIBIT "A" Project 07 -08 Parcel 56 Fee Simple with Partial Limitation of Key No. 16-10-31-00-00-016.004 Sheet 2 of 2 TOGETHER with the: permanent extinguishing of all rights and easements of ingress and egress to, from, and across the limited access facility (to be known as Keystone Parkway and as Project 07 -08) to and from the grantor's abutting lands along the lines described,: as follows; The 59.23- foot coarse described above. This restriction shall be a .covenant'mmning with the land and shall be binding on all successors in title to the said abutting lands. All bearings in this description Which are not quoted from previous instruments are based on the bearing system for city of Carmel Proj ect'07 -08. This description was prepared for the City of Cannel by Tracy L. McGill, Indiana R Land Surveyor, License Number LS20500009 on the 9 day of September, 2008. C' r Revised 05/21/2009 S tuncni�,y;p r Mc 1 11 0." \-/<1\ k 0500009 STATE OF .11 o a „mwiunu' p" 1 .01 H 30' UNDERGROUND 1 ELEC1RIC EASE, 81C. 269, PO. 131 .00' 25 DEDICATION OF STREET DEED BOOK 262, PAGE 285 BLANKET EASEMENT FOR SEWER TREATMENT FACILITY DEED 103, PG 55 BLANKET EASEMENT FOR A SANITARY SEWER, AND WATER SYSTEM 'MO 97, PG150. Note: Entry Dt mensions` Not to Scale DRIVE 224.58' 15' UNDERGROUND ELECTRIC ESMT. BK. 269, PG.131 T -18 -N 1 40.00' LINE "S -16 -E' rn 0 0 0 OWNER: PARCEL: PROJECT: ROAD: COUNTY: SECTION: TOWNSHIP: RANGE: ROIF, LLC 56 07-08 Keystone Parkway Hamilton 31 18 NORTH 4 EAST EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN. STRUCTUREPOINT N W 1,750.85' +00 EASEMENT FOR RIGHT OF WAY c> INST. N0; 200100085248 EXIST, R/W T -17 N 48 00 HATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY: TBB CHECKED BY: 'TIM SHEET 1 OF 2 SO' SCALE: 1" =100' 50 00 z O 10 INSTRUMENT NO. 2005000187:7, DATED FEBRUARY 22, 2005 MIS FLAT WAS PREPARED.FROM PUBLIC:OOCUMENTS:AND NOT CHECKED BY A MID SURD Point North f East J Station Offset 33 41 See Location Control Route Survey Plat 43 573 22708.6098 13596:2230 +Ex LA RW (48 +25) Ex LA RW (79') Rt. S -16 -E 574 22744.5794 13549:1699 47 +78 43' Rt. 5 -16-E 575 22744.5088 13460.8883 46 +89.72 43' Rt. S -16 -E 576 22727.4899 13437.2319 +PL (46 +66.05) 60' Rt 5-16 -E 590 22286.4575 12771;1358 POT(40 +00) 0 S =16 =E 591 22788.5562 14771.1321 POT(60 +00) 0' S -16 =E EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN T STRUCTUREPO[N INC. OINT REFER CHAR (Feet SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder of Hamilton County, Indiana, Incorporated and made a part hereof by refference, comprise a Rout S urvey' executed in accordance With Indlana Adminlstrat1Ve Code 865 IAC 1 -12 "Rule 12 DRAWN BY TBB CHECKED BY TL.M; SHEET 2OF2 „ottoman ,N( L. 4, ,e4s i 2050oo� OW t r:... STATE OF .L.: L. 1 9/09/2008 Tracy L McGill, Date Reg Land Surveyor No LS2.0500009 State of Indiana .Revised: ;5 /21/2009: C NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH .AND EAST COORDINATES. OWNER: ROIF, CLC. PARCEL: 56 PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 31 TOWNSHIP: 18 NQRTH RANGE 4 EAST -•c aa 0 SUR iifl ittfinY l AMERICAN STRUCWUREPOINT, INC PROJECT NO. IN20030661, THIS PIAT.WAS PREPARED FROM PUBLIC DOCUMENTS: AND NOT CHECKED BY A FLE1O- Prepared by and Upon Recordation Mail to: 2011040958 PT REL MTG $22.00 08/26/2011 12:42:59P 6 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented 11110111111III0IIIIIIIIIIIIII1 I0111111MI0IIII0Ii11I0IIIlIIi NOTICE FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER OR THE REGISTRAR OF TITLE IN WHOSE OFFICE THE MORTGAGE WAS FILED. PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that PROTECTIVE LIFE INSURANCE COMPANY, of 2801 Highway 280 South, Birmingham, Alabama 35223, mortgagee and holder of the indebtedness secured by that certain Mortgage and Security Agreement executed by ROIF, LLC, mortgagor, dated August 31, 2007 and recorded in the Office of the Recorder of Hamilton County, Indiana, on September 10, 2007 as document number 2007051370 "Mortgage further secured by (i) Assignment of Rents and Leases recorded as document number 2007051371, "Assignment (ii) Financing Statement filed September 6, 2007 as document number UC07000470 "UCC for good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, does hereby RELEASE all the right, title, interest, claim or demand whatsoever it may have acquired in, through or by the Mortgage, Assignment, and UCC to a portion of the premises therein described in Exhibit A attached hereto and made a part hereof, situated in the Hamilton County, in the State of Indiana, together with all the appurtenances and privileges thereunto belonging or appertaining. This Partial Release shall in no manner affect the lien of the Mortgage, Assignment or UCC as to the remainder of the premises therein described and not hereby specifically released. [SIGNATURE PAGE FOLLOWS] Dated this No ar Notary Public-Prkated My County of Residence: My Commission Expires: 4 P c 6, o -r 0 r -Q [SIGNATURE PAGE PARTIAL RELEASE OF MORTGAGE] 10 h" day of J`1 By: Name: Its: STATE OF ALABAMA SS: COUNTY OF JEFFERSON blic- S nature 2011. PROTECTIVE LIFE INSURANCE COMPANY This instrument prepared by: Richard C. Fruechtenicht C_1 b us 6` eC; cKL Before me, a Notary Public in and for said State and County, personally appeared C..a'10(a0 (fl.. ?N■C• the S(i,,,'‘vez Vi rQS o of Protective Life Insurance Company, who acknowledged the execution of the foregoing Partial Release of Mortgage. Witness my hand and Notarial Seal this \day of P t Shabby \O' I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. EXHIBIT "A" Project: 07 -08 Parcel 56 Fee Simple with Partial Limitation of Access Key No. 16- 10- 31- 00- 00- 016.004 Sheet 1 of 2 A part of the South Half of Section 31, Township 18 North, Range 4 East, 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 said Half Section; thence North 01 degrees 04 minutes 45 seconds West and along the West line of said Half Section 1752.85 feet; (the next 5 courses being along the centerline of Carmel Drive); thence North 89 degrees 55 minutes 00 seconds East 600.00 feet to the P.C. of a curve to the left, said curve having a Delta of 20 degrees 00 minutes 00 seconds and a radius of 1145.92 feet; thence in a Northeasterly direction along said curve 400.00 feet to the P.T. thereof; thence North 69 degrees 55 minutes 00 seconds East 238.51 feet to the P.C. of a curve to the right, said curve having a Delta of 20 degrees 00 minutes 00 seconds and a radius of 1145.92 feet; thence in a Northeasterly direction along said curve 400.00 feet to the P.T. thereof; thence North 89 degrees 55 minutes 00 seconds East 1750.85 feet (the foregoing portion of the description beginning with the words "Commencing at" is quoted from Instrument No.200500011877) to the intersection of the centerline of said Carmel Drive and the centerline of Keystone Way; thence South 89 degrees 49 minutes 49 seconds East 154.57 feet along the centerline of said Carmel Drive to a prolonged east line of the grantor's land; thence South 0 degrees 10 minutes 11 seconds West 40.00 along said east line prolonged to the southwestern boundary of Keystone Parkway and the point of beginning of this description: thence South 35 degrees 23 minutes 19 seconds East 50.71 feet along the boundary of said Keystone Parkway to point "573" designated on said parcel plat; thence North 52 degrees 36 minutes 14 seconds West 59.23 feet to point "574" designated on said parcel plat; thence South 89 degrees 57 minutes 15 seconds West 88.28 feet to point "575" designated on said parcel plat; thence South 54 degrees 16 minutes 05 seconds West 29.14 feet to the east boundary of said Keystone Way designated as point "576" on said parcel plat; thence North 0 degrees 10 minutes 11 seconds East 22.85 feet along the boundary of said Keystone Way to the south boundary of said Cannel Drive; thence South 89 degrees 49 minutes 49 seconds East 129.56 feet along the boundary of said Carmel Drive to the point of beginning and containing 0.030 acres, more or less. TOGETHER with the permanent extinguishing of all rights and easements of ingress and egress to, from, and across the limited access facility (to be known as Keystone Parkway and as Project 07 -08) to and from the grantor's abutting lands along the lines described as follows: The 59.23 -foot course described above. This restriction shall be a covenant running with the land and shall be binding on all successors in title to the said abutting lands. EXHIBIT "A" Project: 07 -08 Parcel 56 Fee Simple with Partial Limitation of Access Key No. 16- 10- 31- 00 -00- 016.004 All bearings in this description which are not quoted from previous instruments are based on the bearing system for City of Carmel Project 07 -08. This description was prepared for the City of Carmel by Tracy L. McGill, Indiana Registered Land Surveyor, License Number LS20500009, on the 9 day of September, 2008. Revised 05/21/2009 I No.. tl 120500009= STATE OF Sheet 2 of 2 OWNER: PARCEL: PROJECT: ROAD: COUNTY: SECTION: TOWNSHIP: RANGE: i tt w BLANKET EASEMEK rot3 A 8 SEWER 18EA11tIENY FACILITY 0 t.Q DEED 103, PG'56 4:71 DLANKET FASPENT FORA A SANITARY :SEWER AMP WATER SYSTEM 0E097. §g DEDICATION OF STREET DEED BOOK 262: PAGE 285 'Etitt,Y DitriOrItIbnt. .Not•to: Scale irMeZelA Rol F, SE. 0,-08. Keystone: Parkway Hamilton 31 18 NORTH 4 EAST RIGHT-OF-WAY, PARCEL •PLAT Prepared For The City of Carmel by AMERICAN STRUCTUREP0119: 1,750;85' +00 EXHIBIT "B" tAt0ME1117 FOR ROCIC, INSTACI 200100085248 3 XIsT. R/W CARMEL DRIVE R W 48+00 'A 0 'FiitsIdteg• .301/NDERGRO1.1110 J. EtECTRIG:EAS.E. 2.00 .PG:131 1 22.44$' 0NOE86120016, ELECTRIC EpAT,.• UNE 5416-E" 9) 1 Nt• 6 BATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY: TM CHEMED BY: Ti-M SHEET 1 OF 2 0 50' WO' SCALE: 1."=1:00 50 00 w l' iNSTRUMENT NO. 20050001877, .O.AM VEBRUARY 22, 2005 THIS:FIAT WASI.REfARED.FROM PUBLICOOMME`ITSAND NOT CHECI011Y Af.IELD SOFO/EY, EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared For The City of Carmel by AMERICAN STRUCTUREPOINT POINT REFERENCE CHART (Feet) Paint 35 41. 43 .573 57.4 575 576 590 591 North East Station Offset See Location COntrol Route Survey Plat 13491.699 1.34o.8883 47+75 46+89,72 43' Rt. 43' Rt, 22708.6098 22744.5/94 13596,2230 (48+25) E.KLA RW(791'ilL 545+E 2244Z088 22727 13437,2319 +PL (46+66.05) 60' Rt 0' 5-15-6 22786 12771,1355 Pot40:t00y 2 2788.5562 14771.1321 POT(60+06) 0' 5-16-6 SURVEYOR'S STATEMENT To the best of my knowledge and belief, hits Platt to9ether With the "Location Control RocitSuryey" recorded as Inst, No 00200058040 Ofilbe of the Recordex of Hamilton County, Indiaria,,Incoiporated and made a pnrt h0 complite a RouteSuryey executed In accordance With IndlatiaMInfrilstratiVeCode (-7 y 9 1 0 9/ 2 0 08 Tr 1-,:1 865 IAC 1-12 ("Rule 12n. Date Reg. Land S urveyor No. 194500009 SHEET 2 OF 2 NOTE; pTATIONSArp 0WN0 PARCEL: PROJECT; ROAD: COUNTY: SECTION: TOWNSHIP; RANGE: LLE 56 07-05 Keyttone Parkway HamIlbon 31 18 NORTH 4 EAST ORAWN T 13,13 CHECED BY TIM: STRULVRENINTONC PRO= NOM20.011461) THLS PIATWAS:PitEl?AREO FROM 1171313C. DOCUNENIS.Alit): NOT tilECKER"BY A.FLE36-SIKVE4