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Home My WebLink AboutP59A - Buyers Settlement Gramercy Development PartnersCITY OF CARMEL BUYER'S REPORT (4) PROJECT 07-08; Keystone Parkway PARCEL 59A COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Gramercy Development Partners, LLC 250 W. 103rd Street, Indianapolis IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Zeff Weiss & Matt DeLaruelle, ICE Miller, LLP One American Square, Suite 2900, Indianapolis, IN 46282 PHONE 317.236.2319 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 2/15/12 TIME OF CONTACT 9:15 am OFFER $ 88,325.00 TYPE OF CONTACT: ( ) PERSONAL VISIT, (X) TELEPHONE CALL, (X) E-MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. N/A Checked Abstract with owner? 13. N/A Sent Daily Notice to Relocation Section? 2. N/A Any affidavits taken? 14. YES Secured W-9 Form? 3. YES Any mortgage(s)? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 4. N/A Any other liens, judgments, etc.? 15. N/A Written Offer? 5. N/A Showed plans? Explained take? 16. N/A Land Acquisition Brochure? 6. N/A Explained about retentions? 17. N/A Retention Letter? 7. N/A Any major item retained? 18. N/A Statement of Just Compensation? 8. N/A Any minor item retained? 19. N/A Tax memo (interim period)? 9. N/A Walked over property? 20. YES Receipt of Conveyance Instrument? 10. N/A Arranged for owner to pay taxes? 21. N/A Copy of Conveyance Instrument? 11. YES Secured Right -of -Entry? 22. N/A Owner's Appraisal Letter? 12. N/A Secured Driveway Right -of -Entry? 23. N/A Brochure, "Relocation & You"? REMARKS: Mr. Weiss notified me that they were working on their lender consent. Once this is finalized, he explained that he would be in touch. 5/7/12 (10:45 am) - Mr. Weiss emailed me and explained that they were having an issue obtaining their lender consent. He further advised that they planned on refinancing the loan relatively soon. He inquired of the possibility of waiting until then and excluding the area, which he believed to be the easiest way. 7/3/12 (11:15 am) - I spoke with Mr. Weiss regarding the status of the offer. He advised that he had everything worked out. Duplicate copies fo the documents requiring execution were forwarded. He advised that he hopes to have them returned quickly. 7/31/12 (3:00 pm) - I was notified by Matt DeLaruelle, attorney with ICE Miller, that he will be handling the file. Electronic copies of the offers were forwarded for his review. Status of Parcel: ( )-Secured, ( )-Condemned, ( )-Other (Explain) Distribution Made: (X) Parcel ( ) Attorney (X) Owner ( ) Other (Specify) ( ) Weekly Summary Page 1 of 2 BUYER'S REPORT (4) PROJECT 07-08; Keystone Parkway PARCEL 59A COUNTY Hamilton CODE N/A REMARKS (Cont'd): 9/4/12 (2:00 pm) - Matt DeLaruelle responded to my messages via email. He notified me that Mohawk was actually still working with their lender regarding consent. He also requested copies of the conveyance documents in word format to make some changes as well as the any survey documentation. All requested information was promptly forwarded. 10/9/12 (6:00 pm) - Matt DeLaruelle forwarded a revised copy of the Warranty Deed. This was promptly forwarded to the City for review and approval. 11/26/12 (8:15 pm) - Matt DeLaruelle notified me that the owner had completed a survey of the acquisition. It appears that the proposed acquisition encroaches an existing interior drive of the apartment complex, which is not acceptable. He requested the acquisition be revised to eliminate the encroachment. I advised Mr. DeLaruelle that the proposed changes to the Warranty Deed were approved. The requested revision to the legal description reduced the proposed acquisition by 3,755 square feet or 0.087 acres. Utilizing the appraised value of $242,542.00 per acre, this equated to a reduction of approximately $21,000.00. 12/13/12 (1:00 pm) - I emailed Mr. DeLaruelle the proposed changed and explained that the City would like to handle the reduction as a negative administrative settlement. I inquired if this was acceptable. Copies of the revised legals were forwarded for his review the following day. 7/1/13 (1:40 pm) - I emailed Matt DeLaruelle and advised that all the required documentation had been revised per their request. I requested that he contact me to discuss. He called me the following week as things seemed acceptable, revised documents were forwarded for execution. He advised that he would be having their surveyors review the changes and assuming there were no issues, would forward the executed documents. 8/14/13 (3:00 pm) - Matt DeLaruelle telephoned in response to my previous messages. He advised that everything seems in order and hopes to have the documents signed later that week. Matt DeLaruelle and I spoke numerous times regarding the status of the documents. The fully executed documents were received on April 14, 2014. The Receipt of Conveyance Instrument was promptly forwarded to Mr. DeLaruelle. Na cy� mann Date Page 2 of 2 CITY OF CARMEL BUYER'S REPORT (3) PROJECT 07-08 Keystone Parkway PARCEL 59A COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Gramercy Development Partners, LLC 250 W. 103id Street Indianapolis IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Zeff Weiss, ICE Miller, LLP One American Square, Suite 2900, Indianapolis, IN 46282 PHONE 317.236.2319 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 1/26/12 TIME OF CONTACT 10:30 am OFFER $ 88,325.00 TYPE OF CONTACT: ( ) PERSONAL VISIT, ( ) TELEPHONE CALL, (X) E-MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. 2. 3. N/A N/A YES Checked Abstract with owner? Any affidavits taken? Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. N/A Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W-9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. N/A Written Offer? 16. N/A Land Acquisition Brochure? 17. N/A Retention Letter? 18. N/A Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. N/A Copy of Conveyance Instrument? 22. N/A Owner's Appraisal Letter? 23. N/A Brochure, "Relocation & You"? REMARKS: Mr. Weiss emailed me in response to the offer presented. He advised that his client is willing to accept the City's offer if it will also pay for the ALTA Survey update charge. He explained that they already have this form of survey, but will need to update it solely as a result of the take and will be a requirement of their lender. He also advised that the proposed conveyance documents would need to be revised as they do not want to take title risk. They are willing to warrant that they own the property subject to all matters of record. This was promptly forwarded to the City for review and consideration. I was later advised that the City was willing to provide an updated legal description for the subject property but they would not cover the cost of the Land Title Survey. The owner would need to cover the cost of this as part of their site redevelopment plan as these items are not applicable to the City's purchase. This information was forwarded to Zeff Weiss. Status of Parcel: ( )-Secured, ( )-Condemned, ( )-Other (Explain) Distribution Made: (X) Parcel (X) Owner ( ) Weekly Summary () Attorney () Other (Specify) Page 1 of 1 CITY OF CARMEL BUYER'S REPORT (2) PROJECT 07-08. Keystone Parkway PARCEL 59A COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Gramercy Development Partners LLC 250 W. 103rd Street, Indianapolis, IN 46290 NAME & ADDRESS OF PERSON CONTACTED 941 N. Meridian Street, Indianapolis, IN 46204 NAME & ADDRESS OF PERSON CONTACTED PHONE 317.554.6725 Andy Klineman, Buckingham Property Management PHONE 317.554.6725 Zeff Weiss ICE Miller LLP One American Square Suite 2900 Indianapolis IN 46282 PHONE 317.236.2319 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 11/21/11 TIME OF CONTACT 10:00 am OFFER $ 88 325.00 TYPE OF CONTACT: ( ) PERSONAL VISIT, (X) TELEPHONE CALL, ( ) MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. N/A 2. N/A 3. YES Checked Abstract with owner? Any affidavits taken? Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. YES Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W-9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. N/A Written Offer? 16. N/A Land Acquisition Brochure? 17. N/A Retention Letter? 18. N/A Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. N/A Copy of Conveyance Instrument? 22. N/A Owner's Appraisal Letter? 23. N/A Brochure, "Relocation & You"? REMARKS: Mr. Andy Kline, in-house counsel for Buckingham Property Management, telephoned in response to my previous messages. He advised that he had forwarded the packet of information to someone else for review and should have a response shortly. The following day I received a call from Zeff Weiss, attorney with Ice Miller. He advised that he is reviewing the file. We briefly discussed the project. Prior to the extension of the offer, the owner executed a Right of Entry allowing the City immediate access to the property to complete the construction. A copy of the executed Right of Entry was promptly forwarded to Mr. Weiss for his review. 12/20/11 (3:20 pm) - Mr. Weiss responded to my inquiries regarding the status of the offer. He advised that their engineer is checking the legal descriptions and zoning issues and will respond soon. He further advised that he did not foresee any issues. Status of Parcel: ( )-Secured, ( )-Condemned, ( )-Other (Explain) Distribution Made: (X) Parcel ( ) Attorney ( ) Owner ( ) Other (Specify) ( ) Weekly Summary awl N ,ncy E. mann Page 1 of 1 CITY OF CARMEL BUYER'S REPORT (1) PROJECT 07-08; Keystone Parkway PARCEL 59A COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Gramercy Development Partners, LLC 250 W. 1 o Street, Indianapolis, IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Angie Atkins, Buckingham Property Management 941 N. Meridian Street, Indianapolis, IN 46204 PHONE 317.554.6725 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 10/24/11 TIME OF CONTACT 11:35 am OFFER $ 88,325.00 TYPE OF CONTACT: ( ) PERSONAL VISIT, (X) TELEPHONE CALL, (X) MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. NO 2. N/A 3. YES Checked Abstract with owner? Any affidavits taken? Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. YES Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W-9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. YES Written Offer? 16. N/A Land Acquisition Brochure? 17. N/A Retention Letter? 18. YES Statement of Just Compensation? 19.N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. YES Copy of Conveyance Instrument? 22. YES Owner's Appraisal Letter? 23. N/A Brochure, "Relocation & You"? REMARKS: I telephoned the number provide in the appraisal for Ms. Angie Atkinis and left a message explaining that I am assisting the City of Carmel with the Keystone Avenue improvement project. In conjunction with the project, I need to present a monetary offer for additional right-of-way required. I provided my contact information and requested she return my call. The Hamilton County Records were checked and confirmed ownership, which concurred with the Title and Encumbrance Report Prior to receiving a return call, the pertinent forms and related information were mailed via "Certified mail, Return Receipt Requested", on October 25, 2011, with a date of delivery on October 26, 2011. Included within the packet were the following forms/documents: an introductory letter, the Statement of the Basis for Just Compensation, (2)Appraisal Reports, the Uniform Property or Easement Acquisition Offer, the Warranty Deed with Exhibits "A" and "B", the Sales Disclosure Form, the Accounts Payable Voucher, the Request for Taxpayer Identification Number and Certification (Form W-9), and the "Owner's Private Appraisal Letter". The introductory letter explained that the City of Carmel undertook a road improvement project, which purpose was to improve N. Keystone Parkway and E. 126`h Street. More specifically, a portion of the subject Status of Parcel: ( )-Secured, ( )-Condemned, ( )-Other (Explain) Distribution Made: (X) Parcel (X) Owner ( ) Weekly Summary ( ) Attorney () Other (Specify) N nw E Hermann N ncy E. Hermann Page 1 of 2 BUYER'S REPORT (1) PROJECT 07-08; Keystone Parkway PARCEL 59A COUNTY Hamilton CODE N/A REMARKS (Cont'd): property is being acquired as a permanent (fee simple). The permanent right-of-way, known as Parcel 59A, contains 0.502 acres, of which 0.116 acres is under existing right-of-way under pavement. The Statement of the Basis for Just Compensation reflects the breakout of compensation due the owner and is based on the average of two appraisals. The $88,325.00 offer is for land and land improvements (established lawn, asphalt driveway). The Uniform Property or Easement Acquisition Offer, in accordance with I.C. 32-24-1-5, provides only 30 days from its receipt to accept or reject the offer. It explained that the 30 days may be waived and the offer accepted or rejected now or at anytime during this period. It was also indicated that the legally protected rights and options under Indiana's eminent domain law are set forth on page two of the Uniform Property or Easement Offer Letter. It was explained that typically, the Agency makes payment within 90 days after receiving the secured parcel file from the consultant and Indiana law dictates that possession of the property will transfer to the Agency thirty (30) days after payment is received. As indicated in the form "Owner's Private Appraisal Letter", the owner's representatives may submit an independent appraisal for review at their own expense. The forms/documents requiring signatures and notarization were indicated. Ms. Atkins was encouraged to call with questions or to schedule an appointment to meet. Nancy rmann Page 2 of 2 //Z//% Date April 18, 2014 5214 S. East St., Suite D-2, Indianapolis, IN 46227 317.781.9723 • Fax 317.781.9727 • www.rwssouth.com Ice Miller Attn.: Matthew G. DeLaruelle One American Square, Suite 2900 Indianapolis, IN 46282-0200 Re: Project: 07-08; Keystone Parkway Parcel: 59 & 59A County: Hamilton Dear Mr. DeLaruelle: Thank you for your attention given this matter. Enclosed are copies of the Buyer's Reports along with the Receipt of Conveyance Instruments for your records. Hopefully, all pertinent issues have been included. If I have neglected to include any issues or if you have any additional, please let me know. Should you have additional questions in the future, please contact me at 781.9723. Thank you for assisting the City of Carmel with this improvement project. Most sincerely, RWS South, Inc. vYmuktu-- Nancy E`Hermann Enclosures October 25, 2011 5214 S. East St., Suite D-2, Indianapolis, IN 46227 317.781.9723 • Fax 317.781.9727 • www.rwssouth.com Gramercy Development Partners, LLC c/o Buckingham Property Management Attn: Angie Atkins 941 N. Meridian Street Indianapolis, IN 46204 Re: Project: 07-08; Keystone Parkway Parcel: 59A County: Hamilton Dear Ms. Atkins: The City of Carmel undertook a road improvement project, which purpose was to improve N. Keystone Parkway and E. 126`h Street. I have been contracted as a subconsultant by American Structurepoint, Inc., to provide buying services for this parcel. American Structurepoint, Inc., is under direct contract with the City of Carmel. Mohawk Housing Partners, LLC, an Indiana limited liability company, now known as Gramercy Development Partners, LLC, an Indiana limited liability company, is reported to be the owner of record of certain property, affected by the improvement project. More specifically, a portion of the subject property is needed as permanent (fee simple) right-of-way. The permanent right-of-way, known as Parcel 59A. contains 0.502 acres, of which 0.116 acres is existing right-of-way under pavement The offer of 388,325.00 is based on the average of two (2) appraisals. The estimated values were arrived at using standard appraisal methods in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). As you read through the enclosures, please note that the Uniform Property or Easement Acquisition Offer letter, in accordance with I.C. 32-24-1-5, provides only 30 days from its receipt to accept or reject the City's offer. The offer may be accepted or rejected now or at any time during this 30 day period. Please note that the owner's legally protected rights and options under Indiana's eminent domain law are described within the Uniform Property or Easement Acquisition Offer. Please review the enclosed forms and documents, which are relative to the acquisition and consist of: 1. The Statement of the Basis for Just Compensation; 2. (2) Appraisal Reports; 3. The Uniform Land or Easement Acquisition Offer letter; 4. The Warranty Deed with Exhibits "A" and "B"; 5. The Sales Disclosure form; 6. The Accounts Payable Voucher; 7. The Request for Taxpayer Identification Number and Certification (W-9 form); 8. The form, "Owner's Private Appraisal letter". Gramercy Development Partners. LLC c/o Buckingham Property Management Attn: Angie Atkins October 25, 2011 Page 2 Should the City's offer be acceptable, several documents will require signatures. These are as follows: 1. Page 4 of the Uniform Property or Easement Acquisition Offer letter (must be notarized); 2. The Warranty Deed with Exhibits "A" and "B" (must be notarized); 3. The Sales Disclosure form; 4. The Accounts Payable Voucher; 5. The Request for Taxpayer Identification Number and Certification (W-9 form). I will need the originals returned and for your convenience, I have enclosed a self-addressed, stamped envelope. After receiving the executed documents, a closing will be scheduled at a later date to complete the transaction. Indiana Law dictates that possession of the property will transfer to the City thirty (30) days after you have received payment. However, should the offer be unacceptable, you may submit your own appraisal for consideration by the City. If you decide to obtain your own appraisal, you do so at your own expense and submitting an appraisal does not guarantee that any change will be made in the offer. I am available should you desire to meet or have any questions. Please contact me at your earliest convenience at 317.781.9723. Thank you for your immediate attention to this matter and for assisting the City of Carmel in providing an improved corridor. Most sincerely, 7 . VenmaaAtAti Nancy E. Hermann Acquisition Specialist Enclosures Gramercy Development Partners, LLC Date: October 25, 2011 c/o Buckingham Property Management RE: Project: Keystone Parkway Attn: Angie Atkins Parcel: 59A 941 N. Meridian Street Indianapolis, IN 46204 Dear Ms. Atkins, It is the policy of the Indiana Department of Transportation, Division of Land Acquisition, and the City of Carmel to accept for review any evidence of value submitted by the property owner for the purpose of determining fair market value. Any costs incurred from obtaining such evidence, however, is the responsibility of the owner. Acceptable forms of evidence of value include, but are not limited to, appraisals, comparable sales, and cost estimates. Evidence of value must be supported by factual data and items of damage must be fully documented. Submitted evidence based on these facts is acceptable for review. Very truly yours, T,1a6. Nancy EU-lermann, Acquisition Specialist •-•V ,..Ir, •1 •T:•ti IT >M1 SI+tt:CAt, 01 ACC Curl lx int CT 5rCwRt :•i1 CITY OF CARMEL, INDIANA •A'A,A +t Ol:t CiviC SOUA'[ 1%:14 hien n+rr C A RW EL, INDIANA 4•5032 Ino M+/AaS.NJ is. GENERAL ACCOUNT PAY THE SIRS CF EIGHTY EIGHT THOUSAND. THREE HiR:DRF.D T'EIITY - DCLLSRS d ZERO CENTS i0 THE OROER OF GRAI4tRCY DEYELOPI4:I;1 IAA:IraAS LLC C/D SUCR:NCI,,M PROPERTY MGT 941 N MERIDIAN ST INDIANAPOLIS IN 4i204 11 555 ;a9 CEEC4 NO. 232009 DATE: 04/30714 AMOUNT S••••88.325.00• :N s 041114 •S VOD te0li; 4.e5 •ott+ beCintn 1. CI :y, •;M 31 tSSu 2320091' 1:0 7 4908 5941: 99909342711' 5/8/2014 B2009 $88,325.00 i<<..f/e'd ! / rr �.f?E3E!z .S' r / i,- . s_.:Aflfrt./ I;`a`s s `s F ; ` _ 'x = El S i - {ti F3�Fsfe[ t, if s•Er sqE js8�•5 1�i,•ge ;i g ' t7f i'.�2 3 S.:lit 1 fi ; i i i " i c• t i i Rte o s 1 j3 S i F o •i�R t g F23 .$A§ tog i i — ® s s ., 1 E # i'A �.i f,/,' •; J'r f./t f' P.'`• r.rr'r -.Pr '.- . 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"f O z < m ^5 Z L n n o y F- -hr--•-#: —b rls ^t' f Cp •� 11n% c � 7 '` I. t' QtA ..1 t O .'7 aU r/• 5-.�- +'; md'•. ♦. i1' .,'..'.rJ. 0; nJ/ /fJr/f >J dir!N'4417.01,4:‘—;- � ... r: i:�'.. — -. 4 5/8/2014 232009 $88,325.00 Project 07-08; Keystone Parkway Parcel: 59A LIMITED WARRANTY DEED THIS INDENTURE WITNESSETH THAT Gramercy Development Partners, LLC, an Indiana limited liability company (f/k/a Mohawk 1 -lousing Partners, LLC) (the "Grantor"), hereby conveys and transfers to the City of Cannel, Indiana (the "Grantee"), for the sum of Eighty -Eight Thousand Three Hundred Twenty -Five and NO/00 Dollars (588,325.00) 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 Exhibit A and 13, which are attached hereto and incorporated herein Subject to any and all easements, agreements, restrictions and other matters of record. Except for the preceding matters, the Grantor covenants with the Grantee to warrant and defend title to the subject real estate against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. 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. The undersigned represents and certifies that he is a Manager of Mohawk Manager, LLC, Manager of Mohawk Holdings, LLC, the Member of Gramercy Development Partners, LLC (f/k/a Mohawk Housing Partners, ILC), the Grantor; that the Grantor is a limited liability company validly existing in the State of Indiana; that the Grantor has full company capacity to covey the real estate interest described herein; that he has full authority to execute and deliver this instrument on the Grantor's behalf; and that all necessary company action for the making of this conveyance has been duly taken. [SIGNATURE PAGE FOLLOWS] of IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed this 6 day frkeei] , 2014. GRANTOR: Gramercy Development Partners, LLC, an Indiana limited liability company (flkla Mohawk Housing Partners, EEC) 13y: Mohawk Holdings, EEC, its Member 13y: Mohawk Manager, LLC, its Manager 13y: STATE OF I116t1Qi�Q adley B. Chambers, Manager COUNTY OF Wki� NOTARY CERTIFICATION ) SS: Before me the undersigned, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, a Manager of Mohawk Manager, LLC, the Manager of Mohawk Holdings, LLC, the Member of Gramercy Development Partners, LLC, an Indiana limited liability (f/k/a Mohawk Housing Partners, LLC), who acknowledged the execution of the foregoing Limited Warranty Decd for and on behalf of the Grantor. WITNESS my hand and Notarial Seal this My Commission Expires: Jun n, ?OV County of Residence: 01A day of Mre,in zv JENNIFER LEIGH SALEMME Marion County My Commission Expires '4.e.June 17. 2020 Notary Printed Name This instrument was prepared by Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 Alter recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Cannel, Indiana 46032 I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. EXHIBIT "4" Project 07-08 Parcel 59A Sheet 1 of 1 Fee Simple A part of the Northeast Quarter of Section 31. Township 18 North. Range 4 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 `13",, described as follows: Beginning at Point `370' designated on said plat on the north line of said quarter section South 89 degrees 51 minutes 05 seconds East 657.90 feet from the northwest corner of said quarter section: thence continuing South 89 degrees 51 minutes 05 seconds East 353.27 feet along said north line to a western boundary of Keystone Avenue (also known as S.R. 431); thence South 0 degrees 12 minutes 50 seconds West 16.14 feet along said western boundary; thence South 66 degrees 54 minutes 25 seconds East 54.27 feet along said boundary; thence South 89 degrees 47 minutes 10 seconds East 200.00 feet along said houndary: thence South 38 degrees 50 minutes 15 seconds East 3.18 feet along said houndary to the intersection of the south boundary of 126'x' Street (also known as Mohawk Road) and said Keystone Avenue; thence continuing South 38 degrees 50 minutes 15 seconds East 12.90 feet along the boundary of said Keystone Avenue; thence North 89 degrees 51 minutes 05 seconds West 500.10 feet; thence South 82 degrees 42 minutes 40 seconds West 38.45 feet; thence North 89 degrees 51 minutes 05 seconds West 74.87 feet to Point "369" designated on said plat; thence North 0 degrees 06 minutes 25 seconds West 15.00 feet to the south boundary of said 126'h Street; thence continuing North 0 degrees 06 minutes 25 seconds West 40.00 feet to the point of beginning and containing 0.502 acres. more or less, inclusive of the presently existing right-of-way which contains 0.351 acres, more or less. This description was prepared for the City of Carmel. Indiana by Tracy L. McGill, Indiana Registered Land Surveyor. License Number LS20500009. on the 29°' day of January, 2008. ri////4 HATCHED AREA IS THE APPROXIMATE TAKING EXHIBIT "B" RIGHT -OF -\NAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN ��11 Si i RUCTUREPWN Mohawk Rd / 126th St o 0 0 N INC (1011.17' 1011.17' 53` 42+00 45=00 28 657.90' � 15.14 o,' 7o viv 3 �.2T Sf!11fi f 35'---- b f\l N ▪ f� 25.56'- � � t � I 1 4.36' o i 379.50' Residue "A" I J I 19222' 5383 --116.92' 97 24' WATER LINE EASEMENT IN FAVOR OF THE TOWN OF CARMEL DEED RECORD 232, PAGE 218 547.78 93 38' u 37-4 230.48 n SHEET 1 OF 3 0 nom OG' 400' SCALE: 1"=400' Ifu'I 57 1 54 27' / 494 00 Une'8 20000 15, 114.85' See Detail"A Sheet 2 of 3 0 0 0 Er o � < N Z 4 - LJ w - LA l n < La) ,- W W C w00 z c O Qc w' 0 ww T0 Sell -Off 660.00' A 1795.31 550 00' 35.32' 475.85' 9858' If T r fp J L 595;00 T'Q1 J�C c; O ir z I .a_) T1� 540+00 m -J U z 535+00 150.56 T I �I 530+00 525+G0 200.42' 157.45' OWNER: PARCEL: 59A Mohawk Housing Partners, LLC PROJECT: 07-08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 31 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: JIM INST. No. 200400054329, DATED JULY 30, 2004 INST. No. 200600032874, DATED JUNE 7, 2006 (sell-off) Tr 5 PIAT 5 PREPARED FRO PUBLIC DOCUMEN15 AND NOT CHECKED BY A FIELD SURVEY.) EXHIBIT"B" RIGHT-OF-WAY PARCEL PLAT Prepared For The City of Carmel STRUCTUREPOINT I NC SHEET 2 OF 3 0 50' 100 SCALE: 1"=100' 370 43+00 Line "S -7-E' 353.27' 45400 Mohawk Rd / 126th St 48+00 200.00' 500.10' 68 15.06' Detail "A" HATCHED AREA IS THE APPROXIMATE TAKING OWNER: PARCEL: PROJECT: ROAD: COUNTY: SECTION: TOWNSHIP: RANGE: Mohawk Housing Partners, LLC 59A 07-08 Keystone Parkway Hamilton 31 1E NORTH 4 EAST DRAWN BY: JEM CHECKED BY: TLM THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED 6'i A FIELD SURVEY. EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared For IThe City of Carmel by: AMERICAN' STRUCTUREPOINT INC POINT REFERENCE CHART (Feet SHEET 3 OE 3 Point North ( East Station Offset C 43 49 53 See Location Control Route Survey Plat 54 57 368 26081.4793 13753.3334 47+30 55' Rt. 5-7-E 369 26082.7320 13270.6604 +PL(42+47.32) 55' Rt. 5-7-E 370 25137.7335 I 13270.5578 4PL(42+47.08) 0' 5-7-E SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder of Hamilton County, Indiana, incorporated and made a part hereof by reference, comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12 ("Rule 12"). l; L i/a `/z't'a8 Tracy L. McGill Date Reg. Land Surveyor No. LS20500009 State of Indiana NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: Mohawk Housing Partners, LLC DRAWN BY: JEM PARCEL: 59A CHECKED BY: TLM PROJECT: 07-08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 31 TOWNSHIP: 18 NORTH RANGE: 4 EAST AMERICAN STRUCTUREPOIN1, INC PROJECT NO, IN20030661 THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.) i CI I'111RMEL JAMES BRAINARD. MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: 07-08; Keystone Parkway PARCEL: 59A COUNTY: Hamilton TO: Mohawk Housing Partners, LLC, an Indiana limited liability company, now known as Gramercy Development Partners, LLC. an Indiana limited liability company c/o Buckingham Property Management Attn: Angie Atkins 941 N. Meridian Street Indianapolis, IN 46204 The City of Carmel is authorized by Indiana law to obtain your property or an easement across your property for certain public purposes. The City of Carmel needs your property for a public improvement known as 07-08: Keystone Parkway and needs to take the property as described on the attached legal description. It is our opinion that the fair market value of the property we want to acquire from you is $ 88.325.00 . and, therefore, the City of Carmel offers you $ 88.325.00. for the above described property. You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be thirty (30) days after you have received your payment in full. DEPARTMENT OF ENGINEERING OHNE Civic SQUARE. CARNire. IN 46032 OFFICE 317.5712441 FAN 317.571.2439 EMAII, engineering@carmcl.in.gnv Page 2 PROJECT 07-08: Keystone Parkway PARCEL 59A HERE ISA BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase your property. 2. You do not have to accept this offer and the City of Carmel is not required to agree to your demands. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of your property, the City has the right to file suit to condemn and acquire the property in the county in which the real estate is located. 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. 5. You may object to the public purpose and necessity of this project. 6. If the City files suit to condemn and acquire your property, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the property to be acquired. If we both agree with the court appraisers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the property condemned. 8. If the court appraisers' report is not accepted by either of us, then the City has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, the City is legally entitled to immediate possession of the property. You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgement awarded you is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal.in excess of the amount of the final judgement. Project: D1-Og 14, IOn. Parkwasj Postal (taldisg CERTIFIED Domestic MAIL,, RECEIPT 025110CQCb Covera.e Provided) [Fogdelivery uv ahon visl4 sebs,te attviww.usps.com I IND AN OL75 IN 46204 4 l S E Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Z Gramercy Dev�!"o�rr€ c/o Buckingham rap Attn: Angie Atkins 941 N. Meridian Street Indianapolis, IN 46204 0024 15 Pos a Ctl re 0 1.T6 /2/2011 ttpeys, LLC M SENDER: COMPLETE THIS, SECTION ; Parcel: 594 COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gramercy Development Partners, LLC c/o Buckingham Property Mgmt. Attn: Angie Atkins 941 N. Meridian Street Indianapolis, IN 46204 Agent Ln Addressee rtv sof Delivery 2fi 11 D. Is delivery addms'e diMerent from item 1? • If YES, enter di‘tivery address belcm)(❑ oG�1.% y" cis �5 r 3. Service Type 0 Certified Mall ❑ Registered 0 Insured Mail 0 Express Mail 0 Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number, (Transfer from service label) _ 7010 2780 0001 2899 0787 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Page 3 PROJECT 07-08: Keystone Parkway PARCEL 59A 9. The trial will decide the full amount of damage you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the property. The court's decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in the notice. 12. If you have any questions concerning this matter, you may contact me at: RWS South, Inc. Attn: Nancy E. Hermann 5214 South East Street, Suite D-2 Indianapolis, IN 46227 317-781-9723 1-877-781-9723 (toll free) This offer was made to owner(s): "Via Certified Mail" No. 7010 2780 0001 2899 0787 Mohawk Housing Partners, LLC, an Indiana limited liability company, now known as Gramercy Development Partners, LLC, an Indiana limited liability company Attn: Angie Atkins of Marion County, Indiana made on 1IdthYjr, 026,, 02o// BY: 720_4(i4e. . ��G� itvtJ Nancy'E/r . Hermann, Acquisition Specialist Agent of : City of Carmel Page 4 PROJECT 07-08: Keystone Parkway PARCEL 59A If you decide to accept the offer of $88.325.00 made by the City of Carmel, sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER I (We), Mohawk Housing Partners, LLC, an Indiana limited liability company, now known as Gramercy Development Partners, LLC, an Indiana limited liability company owner(s) of the above described property or interest in property, hereby accept the offer of $88,325.00 made by the City of Carmel on this day of , 2011. Mohawk Housing Partners, LLC, an Indiana limited liability company, now know as Gramercy Development Partners, LLC, an Indiana limited liability company By: By: (Signature) (Signature) (Printed Name) (Printed Name) NOTARY'S CERTIFICATE STATE OF SS: COUNTY OF ) Subscribed and sworn to before me this day of 2011. My Commission Expires: My County of Residence is: (Signature) (Printed) NOTARY PUBLIC EXHIBIT " " Project: 07-08 Parcel 39A Sheet 1 of 1 Fee Simple A part of the Northeast Quarter of Section 31. Township 18 North. Range 4 East. Hamilton County. Indiana, and being that part of the grantor's land Laine within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B". described as follows: Beginning at Point "370" designated on said plat on the north line of said quarter section South 89 degrees 51 minutes 05 seconds East 657.90 feet from the northwest corner of said quarter section: thence continuing South 89 degrees 51 minutes 05 seconds East 353.27 feet along said north line to a western boundary of Keystone Avenue (also known as S.R. 431): thence South 0 degrees 12 minutes 50 seconds West 16.14 feet along said western boundary; thence South 66 degrees 54 minutes 25 seconds East 54.27 feet along said boundary; thence South S9 decrees 47 minutes 10 seconds East 200.00 feet along said boundary; thence South 38 degrees 50 minutes 15 seconds East 3.18 feet along said boundary to the intersection of the south boundary of 176th Street (also known as Mohawk Road) and said Keystone Avenue: thence continuing South 38 degrees 50 minutes 15 seconds East 12.90 feet along the boundary of said Keystone .Avenue: thence North 89 degrees 51 minutes 05 seconds West 500.10 feet; thence South 82 degrees 42 minutes 40 seconds West 38.45 feet; thence North 89 degrees 51 minutes 05 seconds West 74.87 feet to Point "369" designated on said plat; thence North 0 degrees 06 minutes 25 seconds West 15.00 feet to the south boundary of said I26`t' Street: thence continuing North 0 degrees 06 minutes 25 seconds West 40.00 feet to the point of beginning and containing 0.502 acres, more or less, inclusive of the presently existing right-of-way which contains 0.351 acres, more or less. This description was prepared for the City of Carmel_ Indiana by Tracy L. McGill, Indiana Registered Land Surveyor. License Number LS20500009. on the 29th day ofJanuarv, 2008. L44�.� EXHIBIT "B" RIGHT -OF -\NAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN Mohawk Rd / 126th St 28 a co 0 O N tO w LC) N-. L) 0 -. ✓ STRUCTUREPOINT 530 /30 JI 1 417.35Th 13'J 125.55' up 1 34.35' i 379.50' \\I, Residue "A" 1011.17' (53/ 657.90' 19222' 37D 53582. INC 45+00 42+00 i61 �r 353.27 \ 1, SrC 'n SHEET 1 OF 3 0 200' 400' SCALE: 1"=400' ,57) !n: `114.88' See De,aif"A' Sheet 2 or 3 369 (368)-1 3'— 97 24' LATER LINE EASEMENT IN FAVOR OF THE TOWN OF CARMEL DEED RECORD 232, PAGE 218 547.78 560.00' N 0 z a J Lir W n cn C N N0 ry Le U Le L4 0 w 0 zZ —u 3w LEPa1 w—UJ <`TW =0 545+00 T 3 540+00 N w I0 Z c� w 535=00 T O N N Sell -Off 67.15' 122.33' 85.04' 530=00 150.56' 43.25 812' 1795.31 1--97.58' 560 00' - 35.32' 475.85' 525+00 200.42' 157.45' HATCHED AREA IS THE .APPROXIMATE TAKING OWNER: PARCEL: 59A Mohawk Housing Partners, LLC PROJECT: 07-08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 31 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: TLM i INST. No. 200400054329, DATED JULY 30, 2004 INST. No. 200600032674, DATED JUNE 7, 2005 (sell-off) TH! WAS PREPARED FROM PUBLIC DOCUMENTS AMD NOT C KED 5' IELD SURVE EXHIBIT "6" RIGHT -OF -\NAY PARCEL PLAT Prepared For The City of Carmel by: AMEEtC;P! STRUCTUREPOINT C SHEET 2 OF 3 G 50' 100' SCALE: =100' 53 43+00 45+00 Mohawk Rd / 126th St 48+00 353.27 370, Line 'S -7-E. / 369 r/////// Ar /�--� 114 8B ib 14 200.00' l// 500.10' 368 15.05' Detail "A" HATCHED AREA IS THE APPROXIMATE TAKING OWNER: Mohawk Housing Partners, LLC PARCEL: 59A PROJECT: 07-08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 31 TOWNSHIP: 28 NORTH RANGE: 4 EAST DRA\AJN BY: JEM CHECKED BY: TLM THIS PLAT WAS PREPARED FROP1 PUBLIC DOC'Jh1 ENTS AND NOT CHECKED 6 iELD SURVEY EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared For IThe City of Carmel by: AmERIc�-ni STRUCTUREPOINT POINT REFERENCE CHART (Feet) SHEET 3 OF 3 Point North I East I Station Offset C 43 49 53 See Location Control Route Survey Plat 54 57 368 26081.4793 13753.3334 47+30 55 Rt. 5-7-E 369 26082.7320 13270.6604 +PL(42+47.32) 55' Rt. S -7-E 370 26137.7335 13270.5578 +PL(42+47.08) 0' S -7-E SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder of Hamilton County, Indiana, incorporated and made a part hereof by reference, comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12 ("Rule 12"). L va tvic,oB Tracy L. McGill Date Reg. Land Surveyor No. L520500009 State of Indiana `\\.0'," to mum ` �'.. ��P,rCGtSTEp" CGI: *,` Nor 20500009; STATE OF ;'/A/DI NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: Mohawk Housing Partners, LLC PARCEL: 59A PROJECT: ROAD: COUNTY: SECTION: TOWNSHIP RANGE: 07-08 Keystone Parkway Hamilton 31 18 NORTH 4 EAST DRAWN BY: JEM CHECKED BY: TLM AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN200S0661 15 PLAT AVAS PREPARED FROM PUBLIC DOCUM T5 AND NOT CHECKED BY FIELD SURVEY.) CITY OF CARMEL RECEIPT OF CONVEYANCE INSTRUMENT The undersigned being a Land Agent for the City of Carmel does hereby acknowledge receipt this date of one LIMITED WARRANTY DEED signed by (Conveyance Instrument) BRADLEY B. CHAMBERS, MANAGER OF MOHAWK MANAGER, LLC, MANAGER OF MOHAWK HOLDING, LLC MEMBER OF GRAMERCY DEVELOPMENT PARTNERS, LLC, AN INDIANA LIMITED LIABILITY COMPANY F/K/A MOHAWK HOUSING PARTNERS, LLC and conveying certain rights, title and/or interest in real estate located in HAMILTON County to the City of Carmel for improvement purposes and which is identified as Parcel # 59A on Project 07-08; KEYSTONE PARKWAY . I further acknowledge that said instrument has been executed and acknowledged by the grantors without payment by me of any consideration and that I am transmitting such instrument to the appropriate authority for review subject to approval. It is understood and agreed that this conveyance instrument will either be returned to the grantor not approved or the City of Carmel through its proper agencies will cause such instrument to be processed for payment in the amount of $88,325.00 . CITY OF CARMEL Nancy E. Hermann