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Ditch - Parcel 2 Millholland, William o r' 1, i \i°' 4m r s- reference: Project: 04 -05 Road: Ditch Rd. Parcel: 2 200500026054 HAMILTON r COUNTY, in WARRANTY DEED JENNIFER J HAYDEN 0 5 04 -2005 At 08 :49 am. WARR DEED it This Indenture Witnesseth, That William K. Millholland IV Convey and Warrant to the CITY or 00 CARMEL in the State of Indiana for and in consideration of Thirty Nine Thousand 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 30,700.00 ,Damages 8,300.00 ,Total consideration 39,000.00 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 Gram s) ha ve hereunto set their hand s and seal s this /67 day of 2 v /a 20 05 //G -./e. (Seal) (Seal) William K. Millholland I ATE OF INDIANA, Hamilton County, ss: Before me, the undersign d, a Notary Public in. and for said County and State, this/ day of 6'/ 20 O personally appeared the within named William K. Millholland IV and acknowledged the same to be his voluntary act and deed, for the uses and purposes herein mentioned. G i i I have ereunt. bs� r .ed my name and affixed my official seal `Z`•••• il'p: is 4 BERNIE: B. MORG�IN %i-) _6., Notar Publ l Notary Public „State cV'nctiong A� Marlon Chun y L /�lL� l v� /J My Cmis •Eires. v� xp °k: R om July 20'0 Printed Name 5 L'r N D TAXA`fION 6 My Commission expires: SubDLject E t0 TE f inal aCCCpt�nce E0! for transfer Resident of County `-_i___ day of This Instrument Prepared by: y� 2O i c t"L A ud i tor of Hamilton County Parcel EXHIBIT "A" 0 Project: 04 -05 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 2 Fee A PART OF THE EAST HALF OF THE NORTHEAST QUARTER, SECTION TWENTY EIGHT (28), 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 Northeast Corner of the East Half of the Northeast Quarter of Section 28, Township 18, Range 3 East; Thence South 00 degrees 14 minutes 42 seconds West, along the East Line of said Half Quarter Section, a distance of 216.48 feet; Thence North 89 degrees 45 minutes 18 seconds West a distance of 16.50 feet to the existing westerly right -of -way line of Ditch Road; Thence South 33 degrees 40 minutes 21 seconds West, along said westerly right -of -way line, a distance of 42.66 feet; Thence North 00 degrees 14 minutes 42 seconds East parallel to the East Line of said Half Quarter Section, a distance of 119.94 feet; Thence North 35 degrees 35 minutes 54 seconds West a distance of 81.50 feet; Thence North 73 degrees 06 minutes 18 seconds West a distance of 78.43 feet; Thence South 88 degrees 58 minutes 44 seconds West a distance of 132.85 feet to the west line of the Grantor's land; Thence North 00 degrees 46 minutes 30 seconds West a distance of 40.00 feet to a point on the North Line of said Half Quarter Section; Thence North 88 degrees 58 minutes 44 seconds East along said North Line a distance of 296.47 feet to the PLACE OF BEGINNING. CONTAINING 0.527 ACRES (22,963.930 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 November 11, 2004, from the original deed records of the property described and was based upon plans prepared by Beam, Longest, and Neff, LLC for the Ditch Road Improvement Project (Carmel City Project #04 -05), and dated August, 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. I TRENT E. NEWPORT is iscort z INDIANA LAND SURVEYOR NO. LS 29600021 STATE OF 77 N.+6 R Revised: November 11, 2004 PROJECT A 04-05 ExHIBIT n B DRAWN BY JD 08 -17 -2004 CHECKED BY TEN 08 -17 -2004 D: DITCH ROAD OWNER: WILLIAM K. MILLHOLLAND IV SCALE 1" 100' NTY: HAMILTON SECTION: 28 RECORD DOCUMENT: INST. #9609644836 REVISED BY JAN 09 -21 -2004 f:; HATCHED AREA IS THE MAW 11 -11 -2004 TOWNSHIP: 18 NORTH I I APPROXIMATE TAKING RANGE: 3 EAST This plat wos prepared from information obtoined from the Office of the Recorder of Hamilton County, and from plans prepored by Beam, Longest, and Neff LLC doted August. 2004 for the City of Carmel (Project No. 04 -05) The basis of bearings for this plot and legal description ore based upon the deed record descriptions. .4 <z,/ NW CORNER, NE 1/4, 40' 1/2 R/W PLACE OF BEGINNINGS /SEC. 28, T 18 N, R 3 E N 8858'44' E NE CORNER, E N, R NE 1/4, APP. SECTION LINE L9 136TH STREET SEC. 28, T 1a N, R 3 E 29 0 3"A L7 CB V:4;:A.1; rr z: Lri Q 't to x O wr a it NORTH 26.81' WILLIAM K. MILLHOLLAND /V 1=? INST. 0609644836 50' 0 50' 100' 'y .C, CI SCALE 1 100' o C S o U Cl 3 I— AREA (PARCEL 2) EXISTING R/W TO HAMILTON w 0 ACRES (SQ. FT) INST. 1 200000062 809 PER EPT. TOTAL 2.85 (124,350.8) R/W TAKE 0.52 (22,678.5) RESIDUE 2.33 (101,672.30) 319.11_' w. W EXISTING R/W TO HAMILTON PREPARED BY: COUNTY HIGHWAY DEPT. PER-" INST. 1.200000014590 3 LINE TABLE 3 -4 w LINE BEARING DISTANCE L1 S 0014'42" W 216.48' v W r� L2 N 89'48'18" W 16.50' o L3 S 33'40'21" W 42.66' r' Q j L4 N 0014'42" E 119.94' cr L5 N 35'3554' W 81.50' w L6 N 73'06'18" W 78.43' CROSSROAD L7 S 88'58'44" W 132.85' ENGINEERS, PC L8 N 00'46'30" W 40.00' Transportation Sc L9 N 88'58'44" E 296.47' Development Consultants SE CORNER, NE 1/4, 5417 S. vaa.w M. SEEM GROVE. ti 4107 tng780-15S5 SEC. 28, T 18 N, R 3 E N r �1 200500 1126055 t Filed For Record HAIIILTON COUNTY, i n r. le'� JENNIFER J NAYDEN c _.b x P roject: 04 -05 05 -0 4 2005 At 08°49 a. 0 Parcel: 2 Carmel PT REL. Kb m1 2. rlrl PARTIAL RELEASE OF MORTGAGE This is to certify that a certain mortgage executed by William K. Millholland IV (Mortgagor) to Merrill Lynch Credit Corporation (Mortgagee), dated December 9, 2002 ,in the sum of 128,337.00 recorded in mortgage record 200200097996 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 Merrill Lynch Credit Corporation (Mortgagee) has caused this f6t is partial release of mortgage to be signed by its Loan Officer and its seal attached thereto this n t day of /,1k- 2005. AlfV'iIl Loch 0 VQdi1" eGYPOYCLfiUVt (Mortgagee) BY: ii (Signatur aa 11 6ttr b ti' �v c uy I1SS} V fQ PO.Sia gig A (Printed Name and Tit16) STATE OF ji -1- i SS: COUNTY OF ,Before me, the undersigned, a Notary Public in and for said County and State, personally appeared ock.roa-i o,._ D31 ‘Son known to me to be the Loan-Of AO of the Merrill Lynch Credit Corporation (Mortgagee) and acknowledged the execution of the above partial release of mortgage as and for the act and deed of the said Merrill Lynch Credit Corporation (Mortgagee). Witness my hand and notarial seal this Z ice day of NW t 2005. OM./ 19 Vt 1 _A JLv��. K. p citar�, J h�.h i c1 ,�riVure) LLYNot New g�A Aexpires MANKdV Y Public (Printed) I d ary Public Jers inI�tCrr�is nX2ir�s i C9 Jnty o esid nee is My commission October 21 2004 200500026055 l' r d Fi led For'Record in Zi T `'5i.4•yntirumt.ri By: 1 f 1C •t HAMILTON COUNTY'? INDIANA A- JENNIFER J HAYDEN t 05 -04 -2005 At 08:49 am. FT REL MTG 12.00 K 4j1 AA ■X\ EXHIBIT "A" Project: 04 -05 CLAY WEST -DITCH ROAD Sheet 1 of 1 Parcel 2 Fee A PART OF THE EAST HALF OF THE NORTHEAST QUARTER, SECTION TWENTY EIGHT (28), 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 Northeast Corner of the East Half of the Northeast Quarter of Section 28, Township 18, Range 3 East; Thence South 00 degrees 14 minutes 42 seconds West, along the East Line of said Half Quarter Section, a distance of 216.48 feet; Thence North 89 degrees 45 minutes 18 seconds West a distance of 16.50 feet to the existing westerly right -of -way line of Ditch Road; Thence South 33 degrees 40 minutes 21 seconds West, along said westerly right -of -way line, a distance of 42.66 feet; Thence North 00 degrees 14 minutes 42 seconds East parallel to the East Line of said Half Quarter Section, a distance of 119.94 feet; Thence North 35 degrees 35 minutes 54 seconds West a distance of 81.50 feet; Thence North 73 degrees 06 minutes 18 seconds West a distance of 78.43 feet; Thence South 88 degrees 58 minutes 44 seconds West a distance of 132.85 feet to the west line of the Grantor's land; Thence North 00 degrees 46 minutes 30 seconds West a distance of 40.00 feet to a point on the North Line of said Half Quarter Section; Thence North 88 degrees 58 minutes 44 seconds East along said North Line a distance of 296.47 feet to the PLACE OF BEGINNING. CONTAINING 0.527 ACRES 22 963.930 SQUARE QUARE 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 November 11, 2004, from the original deed records of the property described and was-based upon plans prepared by Beam, Longest, and Neff, LLC for the Ditch Road Improvement Project (Carmel City Project #04 -05), and dated August, 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. e. .;r Z't, a� TRENT E. NEWPORT t�� �A a INDIANA LAND SURVEYOR it_ NO. LS 29600021� STATE Of l� V-- 7 \.(.4%OR o''�' Revised: November 11, 2004 Ltp1 /91�� 0 THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK. THE FRONT OF THE DOCUMENT HAS A MICRO -PRINT BORDER. ABSENCE OF THESE FEATURES WILL INDICATE A COPY. P".rivate•Client`& Tru s- '4/20/05 s2o< x: C ba 1 _866 252- 4360 d S Tar`Scvioe Griardnt«d Fi ,38M231'007 RTSP' REQ#14 DTD 4/13/05 DITCH RD' PROJ 04 -05#3 "':'39,000 DOLLARS AND 00 CENTS PAY'TO THE' 39,000.00 ORDER.OF D WILLIAM;K: MILHOLLAND IV RAwE s Bank``' R: U 13550; DITCH: ROAD f CARMEL IN 46032 AUTHORIZED SfGNATURE. ISSUED BY TRAVELERS EXPRESS COMPANY, INC. DRAWEE: FIRST INTERSTATE BANK, HELENA, MT P.O. BOX 9476 MINNEAPOLIS, MN 55480 II° Iii 1' L0072L629 :0920054LLI :0L600 310 700 7 7 211 RECEIVED BY /jl�� t/ Witness: D ate t ,e e'` I Date Printed Name L /j ea Printed Name 0 r J �C' /C' O 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 Item 5 below is not less 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 -05 Parcel 2 Road Ditch Road City /County Carmel /Hamilton Owner's William K. Millholland, IV 3. The area and type of interest being acquired: 0.527 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 $30,700.00 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.) Fence $1,300.00 d. Total Damages (Sum of 5B 5C) $1,300.00 Total Just Compensation offered for this Acquisition is $32,000.00 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: Grass, trees, landscaping 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: None. 8. Remarks: $1,300 is included above as cost -to -cure for the owner to relocate fencino prior to construction. The taking includes 0.40 acres of new right of way and 0.127 acres of existing right of way under pavement for a total taking of 0.527 acres. DQ44 1/ TA" 5- teve Engelk ng, Director, ity of Carmel, IN Form 36551 (Rev. 6/94)