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Main/4th - Parcel 4 - Wethington, Joyce DULY ENTERED FOR TAXATION& Subject to final acceptance for transfer )4 day of 20 ,�alrt,►1 A `W ud of Hamilton County Project: 4 111 and Main Parcel Parcel: 4 WA- 12RANTY DEED THIS INDENTURE WITNESSETH THAT Joyce S. Wethington, the surviving spouse of Manuel I Wethington, (individually and collectively the "Grantor conveys and warrants to the City of Carmel, Indiana the "Grantee for the sum of Thirty Thousand and 00 /100 Dollars 30,000.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See attached Exhibits A and B, which are attached hereto and incorporated herein 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) 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. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 19th day of January, 2007. 2007008970 WD $0.00 GRANTOR: 02/16/2007 02:49:02P 5 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented iyc S. Wethington NOTARY CERTIFICATION :Ar`r 1 STATE OF INDIANA COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared Joyce S. Wethington, 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 19th day of January, 007. My Commission Expires: June 7, 2008 County of Residence: Marion 1 Glen D. McFearin This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 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 and every Social Security number from this document, unless it is required by law. Douglas C. Haney 831464v1 2 EXHIBIT A Parcel 4 (Fee Parcel) A part of the East Half of' the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana and being all that part of the grantor's land, as described in a Warranty Deed recorded Deed Record 195, Page 256 in the Office of the Recorder of the County and State aforesaid, 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 Northwest corner of said East Half Quarter Section designated point "54" on said Right of Way Parcel Plat; thence North 89 degrees 52 minutes 35 seconds East (basis of bearings is the North line of said East Half Quarter Section as depicted on a certain Location Control Route Survey Plat, recorded as Instrument Number 200500058840 in the Office of said Recorder) 63.00 feet along the North line of said East Half Quarter Section to the Northwest corner of said grantor designated point "5026" on said Right of Way Parcel Plat; thence South 00 degrees 52 minutes 49 seconds West 25.00 feet along the West line of said grantor to point "5017" as designated on said Right of Way Parcel Plat and the POINT OF BEGINNING; thence North 89 degrees 52 minutes 35 seconds East parallel with said North line 65.52 feet to the East line of said grantor designated point "5000" on said Right of Way Parcel Plat; thence South 00 degrees 52 minutes 49 seconds West 7.00 feet along said East line to point "5046" as designated on said Right of Way Parcel Plat; thence South 89 degrees 52 minutes 35 seconds West 12.72 feet to point "5047" as designated on said Right of Way Parcel Plat: thence South 81 degrees 20 minutes 44 seconds West 20.22 feet to point "5048" as designated on said Right of Way Parcel Plat; thence South 89 degrees 52 minutes 35 seconds West 32.85 feet to said West line designated point "5049" on said Right of Way Parcel Plat; thence North 00 degrees 52 minutes 49 seconds East 10.00 feet along said West line to the POINT OF BEGINNING. Containing 587.27 square feet more or less. Prepared by: DLZ Indiana, LLC 360 Century Building 36 South Pennsylvania Street Indianapolis, Indiana 46204 January 5, 2007 <2?` C �F(� f,. 1 41, /2) I Q.. No. 7Z Alan Brent Cleveland r 880007 0 Registered Land Surveyor, Number LS80880007 STATE OF Within the State of Indiana f �NQ A 0 �d �O S U R \1 I EXHIBIT '5' Sheet 1 of RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel, Indlanaty, Indiana by DLZ Indiana, LLC (Job 0563- 0372 -90) Scale: 1 =20' MAIN STREET L30 }1 AI N. LINE E 1/2, SE 1; Pi LINE ti" I j 1 POB \7 65 b -)026 `C 1 5017 w up LS:WW rc i \\ii 6 4XWO 504�> w 5049D J 5048 CITY OF CARiv1EL l CLAY TOWNSHIP HAMILTON COUNTY POINT NUi:`BF? E 1 of SE 1; r PROPOSED R /W of Section 25 SECTION CORNER 1'1/VP 1 8 i \I, PCE 5 E OWNER: MANUEL I. it JOYCE 5. WETHINGTON RECORD DOCUMENT INFORMATION TAKEN FROM: VESTING DEED: DR 195, PAGE 256 PARCEL: 4 SIDEWALK EASEMENT: DR 254, PAGE 5 15 (AS SHOWN) PROJECT: MAIN STREET ROUNDABOUT GAS PIPELINE EASEMENT: MR 40, #70 (APPARENTLY BLANKET) ROAD: MAIN STREET (I 3 I st STREET) DRAWN BY: MDY .Z: COUNTY: HAMILTON CHECKED BY: ABC IiI D ATE: 06 -20 -06 Dote: Jon 05, 2007, 9:52am User ID: DLZ File: M: \prof \0563 \0372 \ROW \Parcels \Parcel 4\ Parcel Plot Template Sheet 1 File Revised.dwg Sheet 2 of 2 EXHIBIT 'B' RIGHT -OF -WAY PARCEL PLAT Prepared the City of Carmel, Indiana by DLZ Indiana, LLC (Job #0563- 0372 -90) Point Station i Offset Northing Easting Line "A" 54 See Location Control Route Survey Plat 603 See Location Control Route Survey Plat 5000 15 +32.84 25.00 Rt 4973.9797 4675.5296 5017 14 +67.32 25.00 Rt 4973.8384 4610.0100 5026 14 +67.76 0.00 Rt 4998.8349 4610.3941 5027 15 +33.28 0.00 Lt 4998.9764 4675.9136 5046 15 +32.72 32.00 Rt 4966.9753 4675.4220 5047 15 +20.00 32.00 Rt 4966.9478 4662.7023 5048 15 +00.00 35.00 Rt 4963.9046 4642.7089 5049 14 +67.15 35.00 Rt 4963.8337 4609.8562 Parcel 4 Area -587 Square Feet NO1E: Stotions and Offsets Control Over both North East Coordinotes Bearing Distances. SURVEYOR STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location Control Route Survey Plat' recorded as Instrument \\\\\NTiC No. 1 200500058840 in the Office of the e.ecorder of Hamilton County, Indiana (Incorporated and made a part hereof by reference) comprise a Route Survey executed in accordance with Q No. 7 Indiana Administrative Code 865 IAC I -12, (Rule 12) 880007 STATE OF NDIAN P O i ce/ ti� x suRN OWNER: MANUEL I. JOYCE 5. W ETHINGTON 7 PARCEL: 4 Alan Brent Cleveland DATE PROJECT: MAIN 5TREET ROUNDABOUT Indiana Registered Land Surveyor No. 880007 ROAD: MAIN STREET (I 3 I st STREET) DRAWN BY: MDY 1 COUNTY: HAMILTON CHECKED BY: ABC 11 SECTION: 25 i DL z DATE: 06 -20 -0G DULY ENTERED FOR TAXATION Subject to final acceptance for ransfer v 1- 'STATE T O: F INDIANA 20 `t--r. SSRo.ht,,ti, 7nj7d?,ev Auditor of Hamilton County ..0 COUN OF H 1 day of AMILTON Parcel #/4 -(>40.2.0o0 SURVIVORSHIP AFFIDAVIT I, Joyce S. Wethington (the "Affiant being first duly sworn, deposes and says that: 1. Affiant is the surviving spouse of Manuel 1. Wethington (the "Decedent who died a resident of Hamilton County, Indiana, on October 15, 1994. 2. Affiant and Decedent acquired the following described real estate in Hamilton County, State of Indiana, as husband and wife, on June 8, 1965: A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, bounded as follows: Beginning at a point 63.0 feet East of the Northwest corner of said East half, run thence East on the north line of said East half 65.5 feet, thence South parallel with the West line of said East half 151 feet thence west 65.5 feet, thence North 151 feet to the place of beginning, containing 0.23. acre, more or less. 1,4X'3 70 And more commonly known as 321 West Main Street, Carmel, Indiana 46032. 3. Affiant and the Decedent remained married continuously from the date they acquired title to the above described real estate until Decedent's date of death. 4. This affidavit is made for the purpose of establishing Affiant's ownership of said real estate by virtue of surviving the Decedent. Dated this 19th day of January, 2007. By: •411 .4,. 1+ 'oyce S. Wethington "Affiant" STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Joyce S. Wethington, who acknowledged the execution of the foregoing Survivorship Affidavit. WITNESS my hand and Notarial Seal this 19th day of January, 2007. By: Allen D. McFearin, Notary Public L" My Commission Expires: June 7, 2008 1 '1�„�'''�`p1� "N My County of Residence: Marion 2007008969 AFFS $0.00 fi r z;' i T 02/16/007 02:49:02P 2 PGS 44,-::,6 3 Jennifer J Hayden 's,�' 0,' a4Y: ";t r HAMIL TON County Recor der I 4,1e.0,4)::---:...:: ';fit Recorded as Presented ti 1w If This instrument prepared by: Douglas 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 and every Social Security number from this document, unless it is required by law. Douglas C. Haney 788232_1 Prescribed by State Board of Accounts County Form No. 17 (Rev. 1996) ACCOUNTS PAYABLE VOUCHER Hamilton County, Indiana: An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Joyce S. Wethington Purchase Order No. XXXX -XX 321 West Main Street Terms Carmel IN 46032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 11/15/06 11/15/2006 Administrative Settlement $30,000.00 4th Main Street DELIVER CHECK TO: GARY DUNCAN CITY OF CARMEL Total $30,000.00 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Date 20 Signature Title I hereby certify that the attached invoice(s), or bills(s), is (are) true and correct and I have audited same in accordance with IC 5- 11 -10 -2. Date 20 County Auditor IL nig? fiVr 41 ,141 I kO l t i t 41:1 CITE," 4 A MEL JAAIES BRAINARD, MAYOR ADMINISTRATIVE SETTLEMENT MEMORANDUM TO: Stephen. C. Engelking Director Department of Administration FROM: Allen D. McFearin Associated Right of Way Services, Inc. DATE: November 16, 2006 RE: Request for Administrative Settlement Project: 4 Avenue SW and Main Street Roundabout Project Parcel: 4 Owner: Joyce S. Wethington The City of Cannel made the Uniform Land Acquisition Offer to Ms. Wethington on August 3, 2006 to acquire a portion of her property for the 4` Avenue SW and Main Street Roundabout Project. The amount of the offer was $17,865.00 and was based upon the appraisal performed by Dennis Otto of Otto Appraisal Services. The landowner rejected the City's offer. The City continued negotiations with the landowner and after numerous meetings, proposals and counter proposals, the landowner has indicated that she would accept an administrative settlement in the amount of Thirty Thousand Dollars ($30,000.00) to resolve all issues. The landowner also will grant the City a Right of Entry to perform the necessary work on the project while payment and documents are being processed. In support of this administrative settlement we offer the following: 1. The amount of the administrative settlement includes all cost to cure expenses related to the turn around area on the landowner's property. The turn around area is to be constructed by the landowner. Dei> i 1,NGINeewNc ONE Civic Sc ?i;aitI IN zi6O32 Orrice 317571 .2 1 FAX 317.571.2 i39 E \IAI1 engincel inocal incl. 2. The Right of Entry granted by the landowner to the City would allow the City to maintain its critical construction schedule on the project. 3. The administrative settlement will resolve all issues without recourse to eminent domain proceedings and the associated expenses and uncertainty of final judgment or award. It is our recommendation that the City approve the above described administrative settlement. This recommendation is approved I J 1 tephen C. Engelkin Director PROJECT: 4 Avenue and Main Street PARCEL: 4 ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT 1, Joyce S. Wethington, landowner of the property or interest in property described in Exhibit A and Exhibit 13, hereby accept the administrative settlement of $30,000.00 made by the City of Cannel on this of November, 2006. y 0 Joy S. Weth NOTARY'S CERTIFICATE STATE OF INDIANA r )SS: COUNTY OF HAMILTON Subscribed and sworn to before me this /7 day of November, 2006. My commission expires: c- (_.:,f County of residence: /''?=-7- T A_.) --)c 7 Signature Printed