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Ditch - Parcel 1 Watters, David Cros- reference: Project: 04 -06 f=/ Li Road: Ditch Rd. Ct Parcel: 9 C' WARRANTY DEED This Indenture Witnesseth, That David A. Watters Convey and Warrant to the CITY OF CARMEL in the State of Indiana for and in consideration of Fifty Nine Thousand Eight Hundred and 00/100 Dollars, the receipt whereof is hereby acknowledged, the following described Real Estate in Hamilton County, in the State of Indiana, to wit: See Attached Exhibit "A" Land and improvements 48,600.00 ,Damages 11 ,200.00 ,Total consideration 59,800.00 The grantor shall clear and convey free of all leases, licenses, or other interest both legal and equitable, and all encumbrances of any kind or character on, in and under said land as conveyed. 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 lands hereinbefore described (excepting any parcels specifically designated as easements or as temporary right of way) are 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(s). In Witness Whereof, the said Grantor(s) ha ve hereunto set their hand s and seal s this 5� day of 1$ 20 05 1 4/1#4 1IIIP PI (Seal) (Seal) David A. afters STATE OF INDIANA, I Iairiiltui i �G oi, e County, ss: Before me, the undersigned, a Notary Public in and for said County and State, this s t day of M eth e.-14 20 G' personally appeared the within named David A. Watters and acknowledged the G ame to be his voluntary act and deed, for the uses and purposes herein mentioned. I have hereunto subscribed y name and affixed my official seal. N tar Public Y Ck 3 r +k Printed Name My Commission expires: 1 I 0 G 7 Resident of eoc5 14 County This Instrument Prepared by: DULY ENTERED ERED FOR TAXATIONG Subject to final acceptance for transfer .1_2_dayof C ,200$ 2005011040303 7t.,71241/4) Auditor of Hamilton County Filed for Record in HAMILTON COUNTY, INDIANA Parcel /q/ k/ JENNIFER J HAYDEN 06 -30- 21105 At 12:15 am. WARR DEED 18.00 EXHIBIT "A" Project: 04 -06 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 1 Fee A PART OF THE NORTHWEST QUARTER, SECTION TWENTY TWO (22), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3) 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 MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING at the Southwest Corner of the Northwest Quarter of Section 22, Township 18, Range 3 East, thence North 00 degrees 18 minutes 33 seconds East, along the West Line of said Quarter Section a distance of 330.00 feet, thence North 89 degrees 19 minutes 03 seconds East a distance of 40.01 feet, thence South 00 degrees 18 minutes 33 seconds West parallel to said West Line a distance of 235.52 feet, thence South 51 degrees 20 minutes 43 seconds East a distance of 85.89 feet, thence North 89 degrees 18 minutes 16 seconds East, parallel to the south line of said Northwest Quarter, a distance of 288.63 feet, thence South 00 degrees 18 minutes 33 seconds West parallel to said West Line a distance of 40.01 feet to a point on the South Line of said Quarter Section, thence South 89 degrees 18 minutes 16 seconds West along said South Line a distance of 396.00 feet to PLACE OF BEGINNING. CONTAINING 0.672 ACRES (29,273.976 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 August 17, 2004, from the original deed records of the property described and was based upon plans prepared by R.W. Armstrong for the Ditch Road Improvement Project (Cannel City Project #04 -06), and dated May, 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 ,�,�h. '9 TRENT E. NEWPORT y 'g INDIANA LAND SURVEYOR NO. LS 29600021 LS 23=11 %Ai STATE OF E ,per f r URN PARCEL: 1 ExHIBIT 7, 77 DRAWN BY JD 08 -17 -2004 PROJECT.jNo. 04 -06 CHECKED BY TEN 08 -17 -2004 ROj DITCH ROAD OWNER: DAVID A. WATTERS SCALE 1" 100' OUNTY.: HAMILTON RECORD DOCUMENT: INST. #200300020313 REVISED: MW 11 -15 -2004 SECTION: 22 HATCHED AREA IS THE TOWNSHIP: 18 NORTH APPROXIMATE TAKING RANGE: 3 EAST This plot was prepared from information obtained from the Office of the Recorder of Hamilton County, and from plans prepared by R.W Armstrong doted May, 2004 for the City of Carmel (Project No. 04 -06) The basis of bearings for this plot and legal description are bored upon the deed record descriptions. NW CORNER, NW 1/4, SEC. 22, T 18 N, R 3 E\ KINGSBOROUGH, SECTION FOUR INST. /200100051870 LOT 133 3 I I-0 LOT 90 o LOT 89 LOT 88 J L7 °o a COMMON AREA /4 o LOT 132 e.8-1 Q L2 396.00' cz) F.... LOT 131 e- I' r w Q .`t;';1...!; (../1 O CC Z M x. RESIDUE "A" U z W O r7 LOT 130 1-- Q T r- 0 k-,\5- z:.., .-,...;-...,,41,,,-L-17..vi..,-..-, R/W i 'a` :mix FLA CE" ON BEGINNING i 141 TH STREET u Y. te r- rte: r 49 i�;:: "•Slura:.< .off'.. 52. e _w SW CORNER, NW 1/4, 6 L7 396.00' N 8978'16" E SEC. 22, T 18 N, R 3 E qpp, 40' EXIST. HALF R/W APP. SECTION LINE LINE 5- -A" p� COMMON AREA /9 d- CN CHESWICK PLACE, SECTION 3 j i SE CORNER, NW /4, O Z INS /9809841456, P.C. 2, SLD. 1 9 SEC. 22, T 18 N, R 3 E 1 LOT 142 LOT 141 LOT 140 W Q CC Cj Et w o NUMBER DIRECTION DISTANCE c U L1 N 0018'33' E 330.00 FT a L2 N 89'19'03' E 40.01 FT AREA (PARCEL 1) NORTH L3 S 00'18'33' E 235.52 FT ACRES (SO. FT) L4 S 5120'43' E 85.89 FT TOTAL 3.000 (130,680) 50' 0 50' 100' L5 N 8918'16' E 288.63 FT MN AN MMINIIIN .111M1W1111•11= L6 S 0018'33' W 40.01 FT R/W TAKE 0.672 (29,274) SCALE 1'w 100' L7 5 8918'16' W 396.00 FT RESIDUE 2.328 (101,406) Private Client Trust Services 9 3.541 b ank.- i- 866 252 -4360 6/15/05 97 Frve Star Service' Guaranteed ee■ 100815080 8M231007 TSP PROJ 04 -06 #3) PARCEL 1 *58,422 DOLLARS AND 82 CENTS PAY TO THE 58,422.82 ORDER OF DRAWER: US Bank OPTION ONE MORTGAGE DAVID WATTER ATTN: BONNIE SANGHVI PAYOFF SPEC 6501 IRVINE CENTER DRIVE IRVINE CA 92618 -2304 AUTHORIZED SIGNATURE ISSUED BY: TRAVELERS EXPRESS COMPANY, INC. DRAWEE: FIRST INTERSTATE BANK, HELENA, MT P.O. BOX 9476 MINNEAPOLIS, MN 55480 ll' L008 150E100 1:09 200 54 L L1:0 L600 10 700 7 7 211' 38M231007 $58,422.82 ZC 300 57 6/15/05 MISCELLANEOUS DISBURSEMENT 100815080 $58,422.882 CT- JW- TFMMUNI 2012 CARMEL REDEVELOPMENT 2004 CONST AC RTSP PROJ 04 -06 #3) PARCEL 1 DITCH ROAD 141ST TO 146TH R/W OPTION ONE MORTGAGE DAVID WATTER ATTN: BONNIE SANGHVI PAYOFF SPEC 6501 IRVINE CENTER DRIVE IRVINE CA 92618 -2304 Private Client Trust Services Questions Call 1- 866 252 -4360 k-ta de-d" 2"-°1/4 ALA REV -29 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 •rocess as just compensation for the purchase of this right -of -way for highway purposes. The amount set forth in •m 5 below is not less than the approved estimated fair market value of the property prior to the date of valuation aused 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 -06 Parcel 1 Road Ditch Road City /County Carmel /Hamilton Owner's David A. Watters 3. The area and type of interest being acquired: 0.489 acres Permanent Right -of -Way and 0.183 acres of existing 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 $48,600.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc.) $11,200.00 c. Other Damages (Itemize) (i.e.: Cost -to -Cure, Temporary Right -of -Way, etc.) $0 d. Total Damages (Sum of 5B 5C) 11,200.00 Total Just Compensation offered for this Acquisition is $59,800.00 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. 11. 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, crushed stone and trees 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: None. 9. Remarks: Date 2 y /o)r Steve Engelkin Director, ty of Carmel, IN Form 36551 (Rev. 6/94) 4 Project: 04 -06 fv Parcel: 1 Carmel L ,?1 PARTIAL RELEASE OF MORTGAGE This is to certify that a certain mortgage executed by David A. Watters (Mortgagor) to Option One Mortgage (Mortgagee), dated January 30, 2003 ,in the sum of $337,500.00 recorded in mortgage record 200300020314 of the records of Hamilton County, Indiana, is hereby released upon the following described real estate in Hamilton County, Indiana: See Attached Exhibit Said Mortgage remains in full force and effect as to the remainder of real estate therein described. In witness whereof the said Option One Mortgage (Mortgagee) has caused this partial release of mortgage to be signed by its Loan Officer and its seal attached thereto this 25th day of May 2005. OPTIO■ INE MORTGAGE CORPORATION (Mo _ag:e)/ /J Vll (Signature)^ r i a S. ViiT` it ASSISTANT SECRETARY (Print ed lame and Title) STATE OF California SS: COUNTY OF Orange Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Priscilla S. Villar known to me to be the Assistant Secretary of the Option One Mortgaqe (Mortgagee) and acknowledged the execution of the above partial release of mortgage as and for the act and deed of the said Option One Mortgage (Mortgagee). Witness my hand and notarial seal this 25th day of gray 2005. II I t►. 1/ Otr\C u L erQ( Iotary Pub is (Signature) Notary Public (Printed) My Commission Expires f' Off' My County of Residence is CP i This Instrument Prepared By: NANCY LOEBNER .411W- Commission 1 1382730 r i ;4 a Notary Public Coifomia Orange County- MtyComm.Expires 200500040304 F i led t or Record in HAMILTON COUNTY► INDIANA JENNIFER J HAYDEN 06 -30 -2005 At 12 :15 PM PT REL MTG 12.00 EXHIBIT "A" Project: 04 -06 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 1 Fee A PART OF THE NORTHWEST QUARTER, SECTION TWENTY TWO (22), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3) 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 MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING at the Southwest Corner of the Northwest Quarter of Section 22, Township 18, Range 3 East, thence North 00 degrees 18 minutes 33 seconds East, along the West Line of said Quarter Section a distance of 330.00 feet, thence North 89 degrees 19 minutes 03 seconds East a distance of 40.01 feet, thence South 00 degrees 18 minutes 33 seconds West parallel to said West Line a distance of 235.52 feet, thence South 51 degrees 20 minutes 43 seconds East a distance of 85.89 feet, thence North 89 degrees 18 minutes 16 seconds East, parallel to the south line of said Northwest Quarter, a distance of 288.63 feet, thence South 00 degrees 18 minutes 33 seconds West parallel to said West Line a distance of 40.01 feet to a point on the South Line of said Quarter Section, thence South 89 degrees 1.8 minutes 16 seconds West along said South Line a distance of 396.00 feet to PLACE OF BEGINNING. CONTAINING 0.672 ACRES (29,273.976 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 August 17, 2004, from the original deed records of the property described and was based upon plans prepared by R.W. Armstrong for the Ditch Road Improvement Project (Carmel City Project #04 -06), and dated May, 2004. I further certify that to Q the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 STATE OF