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131st/Ditch - Springmill - Parcel 7/Parks of Springmill HOA DULY ENTERED FOR TAXATION Subject to final acceptance forransfer 2 00500071342 day of 20 Filed for Record in HAMILTON COUNTY? INDIANA Auditor of Hamilton County JENNIFER J HAYDEN �J 10 28 -2005 At 03:24 am. Parcel RA) WARR DEED 18,00 Form WD -1 WARRANTY DEED 8/98 Project: 131 Street Parcel: 7 Page: 1 of 2 THIS INDENTURE WITNESSETH, That THE PARKS OF SPRINGMILL HOMEOWNERS ASSOCIATION, INC., the Grantor(s), of Hamilton County, State of Indiana Convey(s) and Warrant(s) to THE CITY OF CARMEL, INDIANA the Grantee, for and in consideration of the sum of Sixty Thousand Nine Hundred Seventy and NO /100 Dollars ($60,970.00) (of which said sum $60,970.00 represents land and improvements acquired and -0- represents damages) and other valuable consideration, the receipt of which is hereby acknowledged, certain Real Estate situated in the County of Hamilton, State of Indiana, and being more particularly described on the combined legal description and Right of Way Parcel Plat attached hereto as Exhibit "A which exhibit is incorporated herein by reference. This conveyance is subject to any and all easements, conditions and restrictions of record. The Grantor(s) hereby specifically acknowledge(s) and agree(s) that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor(s), or any successors in title to the abutting lands of the Grantor(s), notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and /or transfer the Gru: ee c itS succes rs in title, f a portion er all f the said Real F y by o rt: a: o t e r an y i e: s right of way, roadway or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor(s) and all successors and assigns. The undersigned person executing this deed represents and certifies 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 situated; 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. This Instrument prepared by: Stephen J. Klineman, Attorney at Law 8765 Guion Rd., Ste. D Indianapolis, IN 46268 Mail To: HGI Landacq Corporation 128 Torrey Pine Drive Brownsburg, IN 46112 I.C. 8- 23 -7 -31 Project: 131 Street Parcel: 7 Page: 2 of 2 WITNESS WHEREOF, the said Grantor(s) has executed this instrument this /0 day of r 2005. The Parks of Springmill Homeowners Association, Inc. By: 4/A,. 44/� B At•Lte d� Debbie Burkett, President Bruno M. Grenci, Vice President STATE OF SS: COUNTY OF kA~. I Before e, a No pry Public in and for said State and County, personally appeared tom 6 &-e 8 rkr2 4i, Or-e 5 2 4/ M r�Ci V,2e Pre s f' a -1- i (fin M 1 1-10, .e_p.a.t..e/5 P OC;c-.'„1,\ the Grantor A.the,,,,above conveyance, and acknowledged the execution of the same on the date aforesaid to be `.•^a{i'0, volu` fary, act and deed and who, being duly sworn, stated that any representations contained therein are true. ^rte eip a y y larl and Notarial Seal this da y S A P of 2005. �Sigpatu� e 0 Y -;4 STEPHEN J. KLINEMAN Printetl Narne Notary Public, State of Indiana County of Marion My Commission expires My Commission Expires Apr. 16, 2008 I am a resident of County. Y Historic F Harrison Engineering 8901 Otis Avenue Surveying A Indianapolis, Indiana 46216 -1037 Landscape Architecture 317 826 -7100 GIS LIS Schneider 317-826-7110 FAX Geology 1 EXHIBIT A 1 THE ESTRIDGE DEVELOPMENT COMPANY, INC. 0 o INSTR. #9522754 ti N ll%% �v cn `ri�j I o <3 PROPOSED r, F RIGHT OF P WAY 0.22 AC. ASSUMED NORTH SCALE 1 =40' ti 7> S >4 5 4: S88'57'52 'W 115.82' 4 0 C O O N O g N88 °57'52 "E A--\1\ 842.08' S. LINE, N.W. 1/4, SEC. 26- T.18N. -R.3E. S. W. COR., N.W. 1/4, SEC. 26- T.18N. -R.3E. 13 SP Land Description (Proposed Right of Way) Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of said quarter section; thence North 88 degrees 57 minutes 52 seconds East (assumed bearing) along the South line thereof o distance of 842.08 feet; thence North 01 degrees 02 minutes 08 seconds West 45.00 feet to the Southeast corner of a parcel described in Instrument #9522754 in the Office of the Recorder of Hamilton County, Indiana and the Point of Beginning; (the next four courses following the South, Southwesterly and Easterly lines of said Instrument) thence South 88 degrees 57 minutes 52 seconds West a distance of 115.82 feet; thence North 43 degrees 58 minutes 17 seconds West a distance of 27.25 feet to a point on a non tangent curve having a radius of 355.00 feet, the radius point of which bears South 85 degrees 17 minutes 31 seconds East; thence Northerly along said curve an arc distance of 122.48 feet to the North corner of said Instrument which bears North 65 degrees 31 minutes 31 seconds West from said radius point; thence South 37 degrees 31 minutes 15 seconds East a distance of 170.79 feet to the Point of Beginning; containing 0.22 acres more or less. T: \4359 \002 \dwgs \4359002Parcel7 dwg STH 09/12/05 Page 1 of 1 ALA- REV -29 0'(C Code 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 records as: Project #04 -01 Parcel 7 Road 131" STREET AND MERIDIAN CORNERS BLVD. County HAMILTON Owner(s) ESTRIDGE DEVELOPMENT COMPANY, INC. 3. The area and type of interest being acquired: 0.18 ACRES 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 46,970.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residue, etc.) N/A c. Other Damages (Itemize): Cost -to -Cure Estimates: N/A N/A Temporary Right -of -Way: N/A Permanent Easement: N/A d. Total Damages 0.00 Total Just Compensation offered for this Acquisition is: 46,970.00 6. The amount in Item 5 above 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: NONE 1111 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: LANDSCAPING, STONE WALL, STONE COLUMNS, LIGHTING. IRRIGATION SYSTEM 8. Items owned by others (i.e. lessee, tenants, etc.) included in Item 5 above are identified as follows: NONE 9. Remarks: NONE 2- 2 Allier. Alinip Dat- Signa ure Form 36551 (Rev.3 /96) 4. DULY ENTERED FOR TAXATION 200500071343 Subject to final acceptance for transfer F i l e d for Record in HAMILTON COUNTY, INDIANA L day of..2. 20,01, JENNIFER J HAYDEN 10 -2E -205 At 03:24 PM. 7717 121.14) Auditor of Hamilton County D C DEED 22.00 Parcel RA) Form RQCD -1 QUIT CLAIM DEED 8 /98 (RELEASE) Project: 131 Street Code: N/A Parcel: HOA 4,5,6 Page: 1 of 2 THIS INDENTURE WITNESSETH, That Westpark at Springmill Homeowners Association, Inc., the Grantor(s), of Hamilton County, State of Indiana Release(s) and Quit Claim(s) to THE CITY OF CARMEL, INDIANA, the Grantee, for and in consideration of the sum of Twelve Thousand Five Hundred and NO /100 Dollars 12,00.00) (of which said sum $400.00 represents land improvements acquired and $12,100.00 represents land temporarily encumbered and damages) and other valuable consideration, the receipt of which is hereby acknowledged, all right title, interest and possessory rights which the Grantor(s) may have in Real Estate situated in the County of Hamilton, State of Indiana, and being more particularly described on the combined legal descriptions Right of Way Parcel Plats attached hereto as Exhibit "A which exhibit is incorporated herein by reference. This conveyance is subject to any and all easements, conditions and restrictions of record. The undersigned person executing this deed represents and certifies 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 situated; 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. This instrument prepared by: Stephen J. Klineman, Attorney at Law 8765 Guion Rd., Ste. D Indianapolis, IN 46268 Mail To: HGI Landacq Corporation 128 Torrey Pine Drive Brownsburg, IN 46112 I.C. 8- 23 -7 -31 o Project: 131 Street Code: N/A Parcel: HOA 4,5,6 Page: 2 of 2 IN IV.Y TN,ESS WHEREOF, the said Grantor(s) has executed this instrument this 0 day of �hU' 2005. Westpark at S ringmill owners Association, Inc. By: Brad Bryce, President STATE OF �C SS: COUNTY OF t (G— i »n Before me, a Notary Public in and for said State and County, personally appeared Brad Bryce, President of Westpark Homeowners Association, Inc. the Grantor(s) in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be his voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. q 1 °;ittsSS rny,�l�a,d Notarial Seal this day of 2005 t �\^ma S1gimiurE D s t'!• r s a STEPHEN J. KLINEMAN Printfl N e a e Public, of na County of State Marion India My ComirSission` expires My Com Expires Apr. 16, 2008 I am a resident of County. Pte- 1 0-F Historic For Harrison Engineering 8901 Otis Avenue Surveying C Indianapolis, Indiana 46216 -1037 Landscape Architecture 0 317- 826 -7100 GIS LIS S chneider 317 -826 -7110 FAX Geology NORTH LINE OF SE QTR., SECTION 27 -T18N -R3E A NW COR. OF SW POB QTR., SECTION 26 -T18N -R3E L f- L.31 �r� E r1L O Q 31 ST S 11 R i A Q NW COR., LOT 89 o M WEST AT SPRINGMILL g SECTION ONE S88'57'52 "W N 30.58' A, N 1 LOT 89 c5 CC W WESTPARK AT SPRINGMILL, SECTION TWO a INST.# 9023088,P.C. 1, SLIDE 125 cn 0 -CD o DAVID R. JOHNSON 1 3866 o FL rFTWOOD DR. Q I 866 I L E- Z INST.# 9200683 WARRANTY DEED uj N w y y v 1Jd I li) 50' Y2 R/W PER PLAT I ASSUMED NORTH Land Description (Proposed Right of Way) SCALE 1 =20' Part of Lot 89 in Westpark at Springmill, Section Two, recorded as Instrument Number 9023088, P.C. 1, Slide 125, in the Office of the Recorder of Hamilton County, Indiana, being part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East, being more particularly described as follows: Beginning at the northwest corner of said Lot 89; thence South 00 degrees 10 minutes 29 seconds East along the West line of said Lot a distance of 60.72 feet; thence North 13 degrees 51 minutes 37 seconds East a distance of 41.21 feet; thence North 43 degrees 58 minutes 35 seconds East a distance of 29.55 feet to the North line of said Lot 89; thence South 88 degrees 57 minutes 52 seconds West along the North line of said Lot 89 a distance of 30.58 feet to the Point of Beginning, containing 0.01 acres, more or less. T: \4K\ 4359 \002 \dwgs \4359002PARCEL4.DWC TRL 03/22/05 Page 1 of 1 L;+ "A Historic Fort Harrison Engineering 8901 Otis Avenue Surveying 4, 0 Indianapolis, Indiana 46216 -1037 Landscape Architecture 317 826 -7100 GIS LIS S chneider 317 826 -7110 FAX Geology N.W. COR., S.W. 1/4, SEC. 28- T.18N. -R.3E. 1331S77 S ]ET A 4 N. LINE, N.W. 1/4, SEC. 28- T.18N. -R.3E. POB N88'57'52'E N6 74.40' 1 111 p 6 i I WESTPARK AT SPRINGMILL SECTION TWO INSTRUMENT# 9023088 PROPOSED I P.C. #1 SLIDE #125 RIGHT OF LOT 46 0.05 AC. OR ALICE MARIE GALLOWAY 94 QUARE FEET WESTPARK AT SPRINGMILL SECTION TWO I INSTRUMENT# 9023088 P.C. #1 SLIDE #125 LOT 47 0 THOMAS R MILLER I ASSUMED NORTH SCALE 1 =40' Land Description (Proposed Right of Way) Part of the Southwest Quarter of Section 28, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the northeast corner of Lot 46 in Westpark at Springmill Section Two as recorded in Instrument 1 9023088 P.C. 1 Slide I 125 in the Office of the Recorder of Hamilton County, Indiana; thence South 41 degrees 26 minutes 43 seconds West along the southeasterly line of said Lot 46 a distance of 34.53 feet; thence North 64 degrees 32 minutes 10 seconds West to the North line of said Lot 46 a distance of 57.08 feet; thence North 88 degrees 57 minutes 52 seconds East along said North line a distance of 74.40 feet to the Point of Beginning. Containing 0.62 acres, more or less. T: \4k\ 4359 \002 \dwgs \4359002Parcel5.dwg TRL 03/26/05 Page 1 of 1 Historic Fort Harrison Engineering 8901 Otis Avenue Surveying Indianapolis, Indiana 46216 -1037 Landscape Architecture 317 -826 -7100 GIS LIS S chneider 317- 826 -7110 FAX Geology 1311ST S 1 T A `r N. LINE, N.W. 1/4, SEC. 28— T.18N. —R.3E. N.W. COR., S.W. 1/4, SEC. 28— T.18N. —R.3E. N88'57'52 "E POB .c, 15.00' o PROPOSED 4,�`' RIGHT OF WESTPARK AT SPRINGMILL N61. 0 WAY r' 0.02 AC. OR SECTION TWO 2 0 8' 1030 SQUARE FEET INSTRUMENT# 9023088 Vi P.C. #1 SLIDE #125 0 0 I LOT 46 ALICE MARIE GALLOWAY WESTPARK AT SPRINGMILL SECTION TWO INSTRUMENT# 9023088 r 6-, A P.C. #1 SLIDE #125 0 LOT 47 THOMAS R MILLER ASSUMED NORTH Land Description SCALE 1"=40' (Proposed Right of Way) Part of the Southwest Quarter of Section 28, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Beginning at the northeast corner of Lot 47 in Westpark at Springmill Section Two as recorded in Instrument 9023088 P.C. 1 Slide 125 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 10 minutes 29 seconds East along the East line of said Lot a distance of 44.25 feet; thence North 64 degrees 32 minutes 10 seconds West a distance of 42.08 feet to the northwesterly line of said Lot 47; thence North 41 degrees 26 minutes 43 seconds East along said West line a distance of 34.53 feet to the North line of said Lot; thence North 88 degrees 57 minutes 52 seconds East along said North line a distance of 15.00 feet to the Point of Beginning. Containing 0.02 acres, more or less. T: \4k \4359 \dwgs \4359002Parce16.dwg TRL 03/25/05 Page 1 of 1 4 ALA REV -29 Code 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 9 -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 records as: Project 04 -01 Parcel HOA 4,5,6 Road 131 Street City /County Hamilton Owner(s) Westpark at Springmill Homeowners Association, c /o: Brad Bryce 379 Bolin Court, Carmel, IN 46032 3. The area and type of interest being acquired: Fee Simple R/W: N/A 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 400.00 b. Severance Damages (i.e: Setback, Loss in Value to the Residues, etc.) c. Other damages (Itemize): Cost -to -Cure estimates 9,900.00 Temporary Right -of -Way Total Damages: 9,900.00 Total Just Compensation offered for this Acquisition is: 10,300.00 6. The amount in Item 5 above 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: None 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: Lawn 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: This statement represents Westpark Homeowners Association landscape interest only. 9. Remarks: ezoo Date Si Form 36551 (Rev. 3/96)