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HomeMy WebLinkAboutKDC DEVELOPMENT DEED OF DEDICATION OF PUBLIC RIGHT-OF-WAY THIS INDENTURE WITNESSETH that: the KDC DEVELOPMENT, LLC, a Kentucky limited liability company,for no consideration,the adequacy of which is hereby acknowledged, CONVEYS, QUITCLAIMS,AND DEDICATES unto THE CITY OF JEFFERSONVILLE,INDIANA,by and through its Board of Works,a body politic,as Grantee,a right-of-way dedicated to public use over and across certain real property located in Clark County,Indiana,more particularly described as follows,to-wit: See Exhibit"A"as shown on Exhibit"B"attached hereto and made a part hereof. 1 This conveyance is made subject to all applicable easements,rights-of-way,restrictions,and agreements of record. The undersigned person executing this deed represents and certifies on behalf of the Grantor,that the undersigned is a duly authorized member of the Grantor and is fully empowered by the Grantor to execute and deliver this instrument; that the Grantor is an Kentucky limited liability company with legal authority and capacity to make this conveyance of the above described real property; and,that all necessary action for the making of this conveyance has been duly taken by the members of Grantor. /Tt1 IN WITNESS WHEREOF,the Grantor has caused this deed to be executed this /6, day of r�� 2019. KDC DEVELOPMENT,LLC By: Name:, G..Jf t ,9rkn ,t,, /146- e/Z Title( , (fr', (2 337281 STATE OF J(,-G{ 'uoi- ) ) SS: COUNTY O ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared IPIII i4id Al tavher as m yp of KDC Development, LLC, a Kentucky limited liability company, and acknowledged the execution of the foregoing Deed of Dedication on behalf of said company for the uses and purposes therein contained. WITNESS my hand and Notarial Seal thisI 6 day of / 2019. My Commission expires: p �� ( / j Li) Dl `� (I�/ ) Notary Public Signature `ire -/ it" Resident of 4„10. County Printed Name Commission •4of Teresa St.Clair Notary Public State at Large-Kentucky My Commission Expires November 1,2019 ACKNOWLEDGEMENT OF ACCEPTANCE OF DEDICATION WHEREFORE, the dedication and conveyance of the herein described real property is hereby accepted for the use and benefit of public by the undersigned as the duly authorized representative of the executive branch of the City of Jeffersonville, which unit hereby represents and covenants that the roadway improvements previously constructed on such real property shall hereinafter be added to its inventory of public roads and maintained without further obligation by the Grantor in a substantially equivalent manner to that which is performed for other p . ' roads within such inventory. THE CITY OF J i F^ R I NVILLE, DIANA, by and through its Board f or s By: Mike Moore, Mayor Attested by: Vicki Conlin,Jeffersonville City Clerk STATE OF INDIANA ) ) SS: COUNTY OF CLARK ) BEFORE ME,the undersigned, a Notary Public, in and for the above-named County and State,personally appeared Mike Moore, as the duly elected and serving Mayor and City Clerk, respectively, of the City of Jeffersonville, and acknowledged the execution of the acceptance of the foregoing Deed of Dedication of Public Right-of-Way on behalf of the municipal government unit. WITNESS my hand and Notarial Seal,this? day of (.74-1/c.1. 2019. My Commission expires: �cC < ,/9/,�7©a67 Notary Public Si_'�ture /-r) (0,4%// Resident of County Printed Name Commission No.: 91223 3£9' CHRISTY M.O'NEIL SEAL Notary Public-State of Indiana Clark County , My Commission Expires May 9,2028 Commission#713339 Parcel No.:A part of 10-19-02-200-403.000-009(19-00058-052-1) Grantee's Mailing and Tax Statement Mailing Address: 500 Quartermaster Court, Jeffersonville,IN 47130 DECLARATION I affirm, under the penalties for perjwy, that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law, and that this instrument was prepared by: (i Alan M.Applegate Applegate Fifer Pulliam LLC 428 Meigs Avenue,PO Box 1418 Jeffersonville,IN 47131-1418 { 4 • Jacobi, Toombs & Lanz, Inc. Convulsing En sneer's&Land Sun'eyor'x EXHIBIT"A" DESCRIPTION OF PERMANENT RIGHT-OF-WAY { .\ part of Survey No. 22 of the Illinois Grant,City of Jeffersonville,Clark County,Indiana being a part of the land conveyed to Kl)C Development,I.I.0 by Instrument 201419686 and being further described as follows: Commencing at a stone at the east corner of Survey No. 22,and being the south corner of Survey No.23;thence along the line dividing said Survey Nos.22 and 23,North 35°35'36"West, 1559.47 feet to a two-inch diameter iron pipe at the east corner of Lot [Jefferson Ridge,Plat book 16,Page 62;thence continuing along the dividing line,North 35°32'36"West,632.91 feet to a corner of said I.ot I,and being the True Point of Beginning; Thence along the perimeter of said I.ot I the following six(6)courses: (I) South 54°27'24"West,25.00 feet;thence (2) North 35°32'36"West,496.42 feet;thence (3) 94.57 feet along the arc of a non-tangent curve to the left having a radius of 297.89 feet and a chord which bears North 48°45'12"West,94.18 feet;thence (4) 105.16 feet along the arc of a curve to the left having a radius of 166.41 feet and a chord which bears North 76°47'33"West, 103.41 feet;thence (5) 25.56 feet along the arc of a curve to the right having a radius of 262.34 feet and a chord which bears North 89°19'52"West,25.55 feet to a point of cusp;thence (6) 21.23 feet along the arc of a curve to the right having a radius of 217.15 feet and a chord which bears South 17°40'26"West,21.22 feet to a point of cusp;thence 178.52 feet along the arc of a curve to the right having a radius of 764.42 feet and a chord which bears North 73°25'53"West, 178.11 feet;thence North 66°44'28"West,132.40 feet;thence South 79°46'33"West,11.32 feet to the southeast right-of-way of East 10th Street;thence along said right- of-way,North 22°57'37"l:ist,0.84 feet;thence along said right-of-way,North 26°01'22"last,95.52 feet;thence South 66°44'28"East,137.24 feet;thence 64.63 feet along the arc of a curve to the left having a radius of 674.42 feet and a chord which bears South 69°29'I I"East,64.61 feet to the southwest line of a tract conveyed to Charles Insurance Company by Instrument 201404061;thence along said line South 42°52'55"East, 13.24 feet to the south corner of said tract;thence along the southeast line of said tract,North 45°05'00"East,7.49 feet;thence 16.21 feet along the arc of a curve to the left having a radius of 674.42 feet and a chord which bears South 74°11'35"East, 16.21 feet to a point of compound curvature;thence 47.12 feet along the arc of a curve to the left having a radius of 30.00 feet and a chord which hears North 60°07'06"East,42.43 feet;thence North 13°16'05"East,47.70 feet to the southeast line of said Charles Insurance Company tract;thence North 45°05'00"liast,20.27 feet to the southwest right-of-way of I lerh Lewis Road as conveyed to the Stare of Indiana by Deed Drawer 23,Instrument 663;thence along said right-of-way,South 35°16'02"Vast,65.81 feet;thence South I3°16'05"West,23.59 feet;thence 49.67 feet along the arc of a curve to the left having a radius of 30.00 feet and a chord which bears South 34°09'57"last, 44.19 feet to a point of reverse curvature;thence 83.64 feet along the arc of a curve to the right having a radius of 272.59 feet and a chord which bears South 72°48'32"I ast,83.32 feet to the line • dividing said Survey Nos.22 and 23;thence along the dividing line,South 35°32'36"Bast,615.97 feet to the True Point of Beginning. Containing 1.294 acres. i 1 Corporate Kentucky ('entre!Indiana Southern Indiana It2')F.Spring Simi,Sone 201 111111 S,wih I'Simi IOW N('apical,Ave.Sic F.1°11 121 Dell Ate New Albany.IN 111511 Louisville.K1'40205 hulianapoltt,IN 11.2111 ('larkaetlle,IN 1712') 512.945.9555 5112-551.5911 II 7-529.1411 5122.255 1,4l 11124454,oMo Fan S112451.1121 Fa% 117.529.1471 Fra 511.945-'iS11S Fri U Ii IF Went:(71111 Exhibit"B" SURVEY DRAWING OF DEDICATED PROPERTY LECENQ --��.iI RIGHT-OF-WAY TAKING 10th n ti2 ‘...6' ....-";:- ai 1 R `"4 it `. t• ,� ' WSI:RNK gut. N� �" i Irm 201.04041 ice % ' cc 1 to I �; 1,......"';%.';;-!' j CO JEFFERSON RIDGEj �,. L7 LAI OUTLOTS 1 k 2 '.,.;' ,..,.„„:;„...:1:: '.', ©✓� "/ = i P.B. 17. Pg. 35 "� /.�i��LY' .011.10r..:5-,%-;;;i OUTLOT 2 •�j!ik:rj8i%-;j '!1.294`ACRES`-;,:r- NDC DtSELq•YEnF.LLC ,...1.:„.-..--,,,,.:,-%,„-t;,...: ',' ,i r "�j' A / ji / `C / " �' Lr N: 1124870.80 i s=1 ., t'/i!i, z E: 310850.05 1 �� '� J%%%' 3 J�. S '/2 T EVAN f ELF/44 I.0 .EFFERSON RIDGE 0 j1, - II.ST.101]]05/5 LOT 1 P.O. 10, Pg. 02 ;IE. W 32P1155 14241:11,CARE 44.'q 5Y51EM WC. 1351 201000454 i•.4 IN z l� `1 0 0.225 ROTE N 3532'38'W kl 0.037 ACRE TRUE ANT OF 632.91' Q 0.079 ACRE E094N40 �c ENCSWORTH N: 1123002 W 22 COMMONS E: 3175211.01 SECTION ONE P.B. 17, Pg. 53 POINT OF tXMIlYENCEMENT N 35'33'38'W STONE 1559.47' E COR OF SURVEY No. 22 N: 1122534.11 0' 100' 200' E: 310530.57 ——�— SURVEY No. 22 SURVEY No. 23 SCALE: 1"..10o' --SUfNLI'No. 13 18.E Kabul. drawing Is not Intended to be represented os a Jacobi,Toombs&L711.Inc. retracement or ort0lnal boundary.survey, a route Canrulnny Engineers el Land SLrvc n mu euMy. or a Surveyor Location Report. 111290410 Was 55.44.Selo 301-N..A6ay.WYs h 110 ruA4suu•www2rtn+a=IA 2. Neither abstract of till,nor title commitment was provided to Jacobi, Toombs and Lanz. Inc for the EXHIBIT "B" preparation of this easement dal. a title commitment RICHT-OF-WAY PARCEL PLAT may rend eery rn hereon, t t may affect t CITY OF .EFFERSONVILLE. CLARK CO.. IN rights of allies not e.own heron, that may nest the quality of Utls or development of this tract. Prepared for. 3. North and all bearing.shown hereon are based ono KDC DEVELOPMENT. LLC previa..survey by Ihle firm,Jab No. 14118, doled 'Owner oT Record: 9-30-2015 and recorded In Instrument 201517846 KDC DEVELOPMENT, LLC ACM.7/v1/20111 IN ST. 201410688 an1.nen. — ON n0.6 Ioeooa..Luc 1 Arelo°"°' i m 1u 1x144 I ratan I or 2 I i I 337281 { EASEMENT DESCRIPTIONS Q Ex. 18' Waterline Easement Watson Water Co., per D.D. 24, Inst. 5984 QB Variable Width Sanitary Sewer, Drainage, Acceae and Utility Easement 111 per P.B, 17,PC. 35 © 10'Utility Easement per P.B. 17,PC. 35 f€{ O. Enc Utility Easement In favor of Indiana-American Water Company.Inc per IneL 201708117 Q Ex. Cr Aeceas Easement per P,B. 18, Pg. 62 ® Ex. 25' Sanitary Sewer,Drainage. Access and U1Ally Easement per P.B. 16, Pg. 82 LINE TABLE UNE BEARING DISTANCE LI S 54'27'24'W 25.00' 1.2 N 66'44'28`W 132.40' L3 S 79'46'33'W 11.32' L4 N 22'57'37'E 0.84' LS N 26'01'22'E 95.52' 16 5 65'44'28' E 137.24' L7 S 4752'55' E 13.24' L8 N 45'05'00' E 7.49' L9 N 13'16'05"E 47.70' L10 N 45'05'00`E 20.27' LII S 35'18'02' E 65.81' 112 5 13'16'05' W 23.59' CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING Cl 297.89' 94.57' 94.18' N 48'45'12'W C2 166.41' 105.18' 103.41' N 76'47'3.3'W C3 282.34' 25.58' 25.55' N 8619'52'W C4 217.15' 21.23' 21.22' S 1740'26'W C5 784.42' 178.52' 178.11' N 73'25'53'W '.. C8 674.42' 64.63' 64.61' S 69'29'11' E C7 874.42' 1621' 16.21' S 74'11'35' E C8 30.00' 47.12' 42.43' N 80'07'06' E C9 30.00' 49.67' 44.19' 5 34'09'57' E CIO 272.59' 83.64' 8.3.32' S 7748'32' E Jacobi,Toombs&Lanz,Inc. Corm/ling Engineers&Land Saneyors 1110 Out fptq Sam,6=201.l,w A11,q,hams 47136 111413.313.W W W IRE14QLOM EXHIBIT "B" RICHT-OF-WAY PARCEL PLAT CITY OF ,EFFERSONV1LLE, CLARK CO., IN 'Prepared tor. KDC DEVELOPMENT, LLC 'Uwner of Record: KOC DEVELOPMENT, LLC 1cAeTn:7nihate INST. 201419686 are 1/1/7o17 101Le11e JAW. I a[aflac lat. I M7110Y@ sui. I Joe Na., 16144 I SW: 2 a 2 ACCESS AND UTILITY EASEMENT ACROSS THE LANDS OF IDC DEVELOPMENT,LLC THIS INDENTURE WITNESSETH that KDC DEVELOPMENT, LLC,a Kentucky limited liability company hereinafter referred to as"GRANTOR",being the owner of property described in Deed recorded as Instrument No.201419686 in the office of the Recorder of Clark County,Indiana,hereinafter referred to as the "PROPERTY", does hereby grant, transfer, convey and warrant to The City of Jeffersonville, Indiana, and any company providing utilities to the general public in the Jeffersonville, Indiana area,hereinafter referred to as"GRANTEE",a variable width permanent and perpetual easement with the rights,privilege and authority to enter upon,dig,construct,install,erect,reconstruct,renew and lay,and thereafter to use,operate,maintain,inspect,repair,remove,patrol,replace and continue water, sanitary sewers,storm sewers, natural gas,electric,cable, telephone and other utilities on,over,across, under and through that portion of the PROPERTY described below,together with the right of ingress and egress over the adjacent lands of the GRANTOR,and the GRANTOR'S successors and assigns,for the purposes of this easement. The easement shall be over and along the following described real estate, to-wit: The description and a plat of said easement are attached hereto,made a part hereof,and marked Exhibit"A" and Exhibit"B" respectively for identification. The GRANTEE,and its successors and assigns,shall have the right to enter along,over and upon said easement to install,construct,repair,relocate,service and maintain all such utilities,sewers,drainage and utility lines,at will,and to make such alterations and improvements on the facilities thereof as may be necessary or useful. The GRANTEE, and their successors and assigns,shall have the right to remove from the extent of the easement any encroaching trees, buildings or other obstructions to the free and unobstructed easement, and to build and maintain all necessary intakes, manholes and other devices incident to such sewers and other utilities, and shall have the right of ingress and egress only over adjoining premises and lands when necessary and without doing damage to such adjoining lands,and only for temporary periods,and shall not otherwise enter upon lands adjoining said easements. The consideration herein above recited shall constitute payment in full for any damages to the land of the GRANTOR, and the GRANTOR'S successors and assigns, by reason of the installation, operation and maintenance of the structures or improvements referred to herein. The GRANTEE covenants to maintain the easement in good repair so that no unreasonable damage will result from its use to the adjacent land of the GRANTOR,and the GRANTOR'S successors and assigns. The temporary easement, if referred to herein,shall revert to the GRANTOR at the completion of the construction. The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. 7N IN WITNESS WHEREOF,the GRANTOR has executed this instrument this /69 day ofJuly, 2019. KDC DEVELOPMENT,LLC By: / Name: . Gert ci�9.� i✓ 4-496,4; Title:/ .27e_ 2297-001/439734 STATE OFA ) ) SS: COUNTY OF VP, _ �f' Be�fpre.me, t e. }undersigned, a Notary Public in and for said County and State, personally N. appeared Wi I JICffn WC?yy'/1eK as f p i'rj be -- of KDC DEVELOPMENT, LLC, the above- named GRANTOR,and aLknowledged the execution of the foregoing Access and Utility Easement for the uses and purposes therein contained. // WITNESS my hand and Notarial Seal this /6uiday of / 2019. My Commission expires: kumt ,*(i/1: 01al:fl (yin-- �) v Notary Public Signature /-/,a Resident o 4 ��, / ' ounty P inted Name Commissio ' O.: Teresa Si Clair Notary Public State at Large-Kentucky My Commission Expires November 1,2019 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document unless required by law,and that this instrument was prepared by: Alan M. Applegate Applegate Fifer Pulliam LLC 428 Meigs Avenue, PO Box 1418 Jeffersonville, IN 47131-1418 2297-001/439734 ■ 41Jabi, Tmb & L , In Conscoulting Engineeoo /:rs& Land Swanz-v volac. EXHIBIT"A" i DESCRIPTION OF VARIABLE WIDTH EASEMENT A Variable Width Easement across part of Survey No. 22 of the Illinois Grant,City of Jeffersonville, Clark County,Indiana being a part of the land conveyed to KDC Development, LLC by Instrument 201419686 and being further described as follows: Commencing at a stone at the east corner of Survey No, 22, and being the south corner of Survey No. 23; thence along the line dividing said Survey Nos. 22 and 23, North 35°35'36" West, 1559.47 feet to a two-inch diameter iron pipe at the east corner of Lot 1,Jefferson Ridge, Plat Book 16,Page 62; thence continuing along the dividing line, North 35°32'36" West,passing a corner of said Lot 1 at 632.91 feet,a total of 1248.88 feet to the True Point of Beginning; Thence 83.64 feet along the arc of a curve to the left having a radius of 272.59 feet and a chord which bears North 72°48'32" West, 83.32 feet to a point of reverse curvature; thence 49.67 feet along the arc of a curve to the right having a radius of 30.00 feet and a chord which bears North 34°09'57" West,44.19 feet;thence North 13°16'05" East,23.59 feet to the southwest right-of-way of I lerb Lewis Road as conveyed to the State of Indiana by Deed Drawer 23, Instrument 663; thence along said right-of-way line for the following three(3) courses: 1) South 35°16'02" East, 10.67 feet;thence 2) South 62°34'04" East,44.79 feet;thence 3) North 54°27'24" East,11.34 feet to the line dividing said Survey Nos.22 and 23;thence South 35°32'36" East,75.45 feet to the True Point of Beginning. Containing 3,430 Square Feet. i I Corporate Kentucky Central Indiana Southern Indiana 1829 E Spring Street,Suite 201 14110 South l'Street 1(161)N Capital Ave,Ste L360 124 Deli Ave New Albany,IN 47150 Louisville,KY 40208 Indianapolis,IN 46204 Clarksville,IN 47129 812-945-9585 502-583-5994 317-829-3474 812-288.6646 812.945.6656 Fax 502-583-7321 Fax 317-829-3473 Fax 812.945.9585 Fax u u n•.jilci►_g.enrri p,•uc.n ,'rII.:rll.,,,,,'';rI:ri..,,.;v,,.,u-. I 7'III1 . I!.,i,',nr, \iinI isntri•. i Exhibit"B" SURVEY DRAWING OF EASEMENT LEGEND '•IVARIABLE WIDTH EASEMENT 3,430 S.F. 0' 100' 200' \C. mgNBnoBEI=MINI IIMINIII uPEa SCALE: 1"=100' X90 t,ihP'I'C CCV1,N' ? B lF� to fiJ cc vEFFERSON RIDGE tY OUnoT6 1 &5 CPC�� S P.B. 17,Pg. 35 t( OUTLCT 2 9,v rut X1'19604 MAC NAIL II N. 1124879.80 ci• (\. - �^\ E. 316859.05 -TRUE PONT OF JEFFERSON RIDGE BEGINNING LOT 1 PB 16,Pg 62 f, 47 ul 9+oIR1 rEAl ll-CAPC99 E•, 1k REYA'LC SISIN r1C W m R 3a1la5)1 41, :7'6,0114. n CURVE TABLE h P CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING m L Cl 272.59' 83.64' 83.32' S 72'48'32'E _ C2 30.00' 49.67' 44.19' N 34'09'57'W a LINE TABLE UNE BEARING DISTANCE II N 13'16'05'E 2359' N 35'32'36'W L2 S 35.I6'02-E 10.67' 632 91' L3 S 6734'040 E 44.79' L4 N 54'27'24'E 11 34' PIPE 15 S 35'32'36-E 75.45' N 1123802.22 ELLiNGSWCRM F. 317628.91 COMMONS SECTION ONE P.B 17,Pg. 53 EASEMENT DESCRIPTION s O E� OF uuEN�FM E COR OF SURVEY No. 22 N 35'35'36'W O Co. 16'Waterline Easement N. 1122534.11 1559.47' Watson Water Co.,per E. 31853657 0.0, 24,Inst. 5954 SURVEY No. 22 SURVEY No. 23 SURVEY No. 13 II.is drawing is not Intended to be represented as o Jacobi,Toombs&Lanz,Inc. retracement or original boundary survey a route CmladIog Erreinatrr.4 Lda,l.Sunlyvar survey,or a Surveyor Location Repan Ir'+I'ry lrywr 4o,.C„r:ni.hrw ANn)OW.,.,Pty, I I 4I I,,1\I•40.4 9 1111\1,1114.1 2.Neither abstract of title net title commilmenl was prodded to Jacobi,Toombs and Lane,Inc. fcr the EXHIBIT"B" preparation of 1115 easement plot.0 title commtlmenl VARIABLE VADTH EASEMENT may raved easements.encumbrances,reslriclicns no rights of others not shown hereon. that may allect CITY OF JEFFERSONNLLE, CLARK CO., IN the quality of title Or development of this Tract. Prepared lar. 3.North and oil bearings shown hereon ore based on a KDC DEVELOPMENT, LLC previous survey by this firm,Job Na. 14718,dated bwnet of Record. 9-30-2015 and recorded In Instrument 201517646. KDC DEVELOPMENT, LLC INST. 201419686 Cor-7/11/S011 1 owns JAI, 1 CM(tu@ 4.40 )4P400l0 Sot ,.ore N. 1210, 1 U(O 1 or 1 2297-0011439734