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Ditch - Parcel 2 Saddlecreek HOA V Cross reference: `q Project: 04 -06 t5 Road: Ditch Rd. Parcel: 2 200 500026702 Filed for Record in WARRANTY DEED JENNIFER J COUNTY 05 -05 -2005 At 10:05 am. WARR DEED 18.00 This Indenture Witnesseth, That Saddle Creek Homeowners, Inc. Convey and Warrant to the CITY OF CARMEL in the State of Indiana for and in consideration of Three Thousand Nine 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 2,200.00 ,Damages 1,700.00 ,Total consideration 3,900.00 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). The undersigned persons 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 bylaws 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 the conveyance has been duly taken. In Witness Wher the said G ha ve hereunto set their hand s and seal s this c7 day of /"(Cs4Cl 20 05 /'I (Seal) /!E SPE 4/ r c 7 ta46 l /t ae W�� a l 0 r i 8 .addle Creek Homeowners, Inc. By: e 0. STATE OF INDIANA, Hamilton County, ss: -ti J Before me, the undersigned, a Notary Public in and for said Count and State, this QJ day of 200-s personally appeared the within named of -K ULb i, UPI and aak'rio *Ig;ed the same to be their voluntary act and deed for the uses and purposes herein mentioned. ',,,,,,,,,,,,,,,,s' I have hereunto subscribed my name and affixed my official seal. 0' ORGAN C J /t" jl Nofory Cp of Indiana Notary Public is u ,\`T My C�lomm E B. Missio Ex pir es mac -A July 20, 2 008 Printed Name My Commission expires: 7/2 v/ 6,1— DULY ENTERED FOR TAXATION J Resident of L' 0 k County Subject to final acceptance for transfer This Instrument Prepared by: r D day of .fl`1 2 Q ,£o6t..;%, 7k7 cv Auditor of Hamilton County Parcel OW EXHIBIT "A" 0 Project: 04 -06 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 2 Fee A PART OF BLOCK "C AS PLATTED IN SADDLE CREEK SECTION FIVE, RECORDED AS INSTRUMENT NUMBER 9750987, PLAT CABINET NUMBER 2, SLIDE NUMBER 51 IN THE HAMILTON COUNTY OFFICE OF THE RECORDER, 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 a Southeast Corner of said Block "C thence South 89 degrees 36 minutes 26 seconds West, along the South Line of said Block, a distance of 32.71 feet; thence North 42 degrees 12 minutes 06 seconds East a distance of 93.78 feet to the west right -of -way of Ditch Road; thence South 00 degrees 18 minutes 33 seconds West, along said west right -of -way, a distance of 39.11 feet, thence South 44 degrees 56 minutes 11 seconds West a distance of 42.58 feet to the PLACE OF BEGINNING. CONTAINING 0.039 ACRES (1,714.114 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 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 is 220 INDIANA LAND SURVEYOR NO. LS 29600021 STATE OF v ✓i +rturmriTa I. PROJECT 04 -06 EXHIBIT DRAWN BY JD 08 -17 -2004 CHECKED BY TEN 08 -17 -2004 ROAD: DITCH ROAD OWNER: SADDLE CREEK HOMEOWNERS, INC. SCALE 1" 50' COUNTY: HAMILTON RECORD DOCUMENT: INST. #200000006118 SECTION: 21 BY: MW 11 -15 -2004 TOWNSHIP: 18 NORTH IM`' I HATC AREA IS THE APPROXIMATE TAKING RANGE: 3 EAST This plat was prepared from information obtained from the office of the NE CORNER, NE 1/4, Recorder of Hamilton County, and from pions prepared by R W Armstrong /SEC. 21, T 18 N, R 3 E dated May, 2004 for the City of Carmel (Project No. 04 -06) The basis of bearings For this plot and legal description ore based upon the deed record descriptions. w rf Z N H LOT 130 ,1 2 N SADDLE CREEK, SECTION 5 ti INST. #9750987, P.C. 2. SLD. 51 o co CD X W t. a O Q M LOT 129 J z L O L L :Q RESIDUE "A'r a,l:: °`(Z; BLOCK :;',':;L=`,' 3Z L.S.E., D.E. co D,h� O 15 C.L., U.E. D.E. ya 'o Q 166.88' APP. 40' EXIST. 1/2 R%W L1 co o SW CORNER, NE 1/4, PLACE OF BEGINNING SE CORNER, NE 1/4, SEC. 21,T18N,R3E 48 49 :0/SE 21, T18N,R3E 1 141TH STREET APP. SECTION LINE LINE "5 -1 —A" N 89'36'26" E Q O cL 0 APP. 40' EXIST. 1/2 R/W U 15' C.L. &U.E. FNS E 'lir co i AREA (PARCEL 2) ACRES (SQ. FT) TOTAL 0.327 (14,248) R/W TAKE 0.039 (1,714) PREPARED BY: RESIDUE 0.288 (12,534) NUMBER DIRECTION DISTANCE L1 5 89'36'26" W 32.71 FT L2 N 4212'06" E 93.78 FT L3 S 0018'33" W 39.11 FT NORTH L4 5 44'56'11" W 42.58 FT 25' 0 25' 50' SCALEI -50' C EN1GiNEER5, PC Transportation Development Consultants 3417 0. 5004M DR. BEECH GROVE, IN 46107 (317)740 -1555 Li 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 process as just compensation for the purchase of this right -of -way for highway purposes. The amount set forth in em 5 below is not Tess than the approved estimated 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 -06 Parcel 3 Road Ditch Road City /County Carmel /Hamilton Owner's Saddlecreek Homeowner's Association, Inc. 3. The area and type of interest being acquired: 0.039 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 $2,150.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc.) $0 c. Other Damages (Itemize) (i.e.: Cost -to -Cure, Temporary Right -of -Way, etc.) Fencing $1,625.00 d. Total Damages (Sum of 5B 5C) 1,625.00 Total Just Compensation offered for this Acquisition is $3,775.00 0 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. 10. 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 and sidewalk 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: None. 9. Remarks: The $1,625.00 is for the owner to relocate fencing outside of the Right -of -way. The estimate is from Glidden Fence Company. Date 0 1' Steve Engelki g, Direct.r, City of Carmel, IN Form 36551 (Rev. 6/94)