HomeMy WebLinkAbout111th and Penn Project - JB&MJM of IndianaCLOSING STATEMENT
Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986,
requires the reporting of certain information on every real estate transaction. The information
provided below, except for the tax identification number, is adequate information to provide to a
tax professional.
FEE OWNER: J.B. & M.J.M. of Indiana, Inc.
MAILING ADDRESS: 710 N. Plankinton Avenue, Suite 1200, Milwaukee, WI 53203
PROPERTY ADDRESS: 11075 N. Pennsylvania St., Indianapolis, IN 46280
DESCRIPTION OF PROPERTY: A part of the Southeast Quarter of Section 2, Township 17
North, Range 3 East, Hamilton County, Indiana
TAX PARCEL ID: 2943-02-000-017.001-018
PROJECT: Des No. 1297165, 111th SL and Penn St., City of Carmel,
PROJECT PARCEL: 63 COUNTY: Hamilton
CLOSING DATE: PURCHASE PRICE: $ 77,300.00
LAND AND/OR ADMINISTRATIVE SETTLEMENT: $ 0.00
IMPROVEMENTS: $54,200.00 DAMAGES: $ 23,100.00
Please be advised that rio property taxes have been assumed by the City of Carmel in
connection with the purchase of the above -captioned property. Any applicable tax adjustment,
due to the above purchase by the City of Carmel, would be accomplished by the County
Assessor after the deed is recorded by the City or its agent. This is supposed to be done;
however, you should take the initiative to make this adjustment. The City of Carmel has no
authority to remove or change any taxes of any nature.
I (we) certify that the above is true and correct and acknowledge receipt of payment.
Fee Owners
Signature Date
Signature Date
DES #: 1297165
PARCEL: 63
Cross Reference to Prior Deed of Record: Quitclaim Deed, Instrument Number 9709731965, in
the Office of the Recorder of Hamilton County, Indiana
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement") is made and entered into this
25th day of September , 2012 by and between J. B. & M. J. M. of Indiana, Inc., an
Indiana corporation, ("Grantor") and the City of Carmel, Indiana ("Grantee") for and in
consideration of the sum of Eighteen Thousand, Six Hundred Dollars ($18,600.00) (of which
said sum $18,600.00 represents land temporarily encumbered and improvements acquired and
$-0- represents damages).
RECITALS
A. Grantor owns certain real property (the "Grantor's Parcel") located in Hamilton County,
Indiana, more particularly described as follows:
See Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's public improvement project entitled 111th Street
and Pennsylvania Street — DES #: 1297165 (the "Project"), requires a temporary easement for
the duration of the Project for purposes of constructing that portion of the Project located upon
and/or adjacent to the Grantor's Parcel. Such temporary easement area (herein referred to as the
"Temporary Easement Parcel") is more particularly described as follows:
See Exhibit A which is attached hereto and incorporated herein.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grant of easement and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement
Parcel for all purposes related to the construction of the Project, including, but not limited to, the
storing of equipment and the staging of the construction of the Project. Upon the earlier of the
date of final completion of the Project or three (3) years from the date hereof, such temporary
easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in
substantially the same condition as existed prior to the commencement of the Project, except as
reasonably modified by the Project.
832365v1
1
2. Rights Retained by Grantor. Grantor shall retain unto himself, and his grantees,
heirs, successors and assigns, and all others to whom Grantor niay grant rights or easements, the
right to use the Temporary Easement Parcel for any and all purposes and uses not inconsistent
with the foregoing easement acquisition by Grantee, including without limitation the right to
install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee
as part of the Project, as well as the right of access over and across the Temporary Easement
Parcel to and from public streets adjacent to the Temporary Easement Parcel via Grantor's
existing driveway or any future driveway.
3. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with all the benefits thereof, shall run with the Grantor's Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easement granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor's Parcel, and
shall bind Grantor and his grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Grantor's Parcel and the Temporary Easement
Parcel, as applicable, shall run with the Grantor's Parcel and the Temporary Easement Parcel,
and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and
their respective grantees, successors and assigns.
4. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Indiana, except for its conflict of laws provisions.
The undersigned represents and warrants that he is a duly elected officer of the Grantor;
that the Grantor is a corporation validly existing 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 interest described; that pursuant to the resolution of the Board of Directors
or shareholders of the Grantor or the by-laws of the Grantor he has full authority to execute and
deliver this instrument on its behalf and that said authority has not be revoked; that he is
therefore, fully authorized and empowered to convey to the City of Carmel, Indiana real estate of
the Grantor, and that on the date of execution of said conveyance instruments he had full
authority to so act; and that all necessary corporate action for the making of this conveyance has
been duly taken.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR
J. B. & M. J. M. OF INDIANA, INC.
By: ��� �E� By: - /
Printed: James Janz Printed: , �• C-74•�L%S
GRANTEE
Title: President
83236SvI
2
Title: 61)1 , 461-aiti
STATE OF WISCONSIN
COUNTY OF WAUKESHA
) SS:
Before me, a Notary Public in and for said County and State, personally appeared J. B. &
M. J. M. of Indiana, Inc., BY: James Janz, President
the
Grantor, and who, having been duly sworn, acknowledged the truth and accuracy of the
representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this 25th day of September
My commission e+pires: ‘'S ,pQ_(manenl-
1 am a resident of Waukesha County
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
, 2012.
Notary Public
Beth N. Zimmermann
Printed Name
`�..$0.\\%%11$ttl
�P ii%
B ore me a Notary ublic in and for said County and_State, persona ap
S �� the .1/_ . + f
of the Grantee, who, having be duly sworn, acknowledged the trfth and accuracy of the
representations made herein and the execution of the foregoing Agreement for and on behalf of
said Grantee.
eared
Witness my hand and Notarial Seal this ) 7 day of
My commission expires: S4-0-, 01.3 40!4,
I an a -resident of
Notary Public
akank County, IN
e2,4 B455
Printed Name
This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, 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 in this document, unless it is required by law. Douglas C. Haney
532365v1
3
Exhibit 1
Phrt of the West Half of the Northwest Qua+ter of the Southiast Quarter of Section 2, Township
17 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, described
a4 follows:
Beginning at the northwest corner of said balf-quarter-quarter section; thence on an assumed
bearing of North 89 degrees 01 minutes 11 Seconds East along the north lint thereof a distance of
675, 83 feet to the northeast corner thereof; thence South 00 degrees 10 minutes 47 seconds East
along the east line of said half -quarter -quarter section a distance of 690.82 feet; thence South 89
degrees 01 minutes 11 seconds West parallel with said north line a distance of 674.59 feet to the
west line of said half -quarter -quarter section; thence North 00 degrees 16 minutes 59 seconds
West along said west line a distance of 690,80 feet to the POINT OF BEGINNING.
Containing 10.71 acres, rnore or less.
832365v1
BEST POSSIBLE IMAGE
4
Exhibit "A"
Sheet 1 of 1
- --Project:-- 1297-165 —
Parcel: 63A Temporary Right -of -Way for Grading
Tax Id. No. 29-13-02-000-017.001-018
A part of the Southeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton
County, Indiana, described as follows: Commencing at the Northwest Corner of said southeast
quarter designated as point "1" on the Location Control Route Survey plat recorded as
Instrument 2010-015472, in the Office of the Recorder of said County; thence South 00 degrees
54 minutes 03 seconds West a distance of 203.48 feet, along the west line of said quarter; thence
South 89 degrees 05 minutes 58 seconds East a distance of 43.50 feet, to the eastem boundary of
Pennsylvania Street and the point of beginning of this description; thence South 89 degrees 05
minutes 58 seconds East a distance of 9.51 feet; thence South 00 degrees 54 minutes 02 seconds
West a distance of 175.00 feet; thence North 89 degrees 05 minutes 58 seconds West a distance
of 9.51 feet to the eastern boundary of Pennsylvania Street; thence North 00 degrees 54 minutes
03 seconds East a distance of 175.00 feet, along said eastern boundary, to the point of beginning
and containing 0.038 acres, more or less.
This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered
Land Surveyor, License Number 29600021, on the ire3 flay of l4-1)£uf t, 2012.
V � V
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
Exhibit "A"
Sheet 1 of 1
Project: 1297165
Parcel: 63B Temporary Right -of -Way for Grading
Tax Id. No. 29-13-02-000-017.001-018
A part of the Southeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton
County, Indiana, described as follows: Commencing at the Northwest Corner of said southeast
quarter designated as point "1" on the Location Control Route Survey plat recorded as
Inshvment 2010-015472, in the Office of the Recorder of said County; thence South 89 degrees
50 minutes 16 seconds East a distance of 165.00 feet, along the north line of said quarter; thence
South 00 degrees 09 minutes 44 seconds West a distance of 40.00 feet, to the southern boundary
of 111th Street and the point of beginning of this description; thence South 89 degrees 50 minutes
16 seconds East a distance of 215.00 feet, along said southern boundary; thence South 00
degrees 09 minutes 44 seconds West a distance of 22.00 feet; thence North 89 degrees 50
minutes 16 seconds West a distance of 250.00 feet; thence North 58 degrees 00 minutes 36
seconds East a distance of 41.34 feet, to the point of beginning and containing 0.117 acres, more
or less.
This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered
Land Surveyor, License Number 29600021, on the 8 day of Air T , 2012.
Z
171/
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
Exhibit "A"
Project: 1297165
Parcel: 63 Fee
Tax Id. No. 29-13-02-000-017.001-018
Sheet 1 of 2
A part of the Southeast Quarter of Section 2, Township 17 North, Range 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", described as follows:
Commencing at the Northwest Corner of said southeast quarter designated as point "1" on the
Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the
Recorder of said County; thence South 89 degrees 50 minutes 16 seconds East a distance of
165.00 feet, along the north line of said quarter; thence South 00 degrees 09 minutes 44 seconds
West a distance of 40.00 feet, to the southern boundary of 111h Street and the point designated
"320" on said Parcel Plat being the point of beginning of this description; thence South 58
degrees 00 minutes 36 seconds West a distance of 41.34 feet to the point designated "319" on
said Parcel Plat; thence North 89 degrees 50 minutes 16 seconds West a distance of 15.00 feet to
the point designated "305" on said Parcel Plat; thence South 78 degrees 51 minutes 08 seconds
West a distance of 15.30 feet to the point designated `.`304" on said Parcel Plat; thence South 44
degrees 37 minutes 17 seconds West a distance of 61.95 feet to the point designated "303" on
said Parcel Plat; thence South 12 degrees 12 minutes 38 seconds West a distance of 25.50 feet to
the point designated "302" on said Parcel Plat; thence South 00 degrees 54 minutes 02 seconds
West a distance of 70.00 feet to the point designated "322" on said Parcel Plat; thence North 89
degrees 05 minutes 58 seconds West a distance of 9.51 feet to the eastern boundary of
Pennsylvania Street and the point designated "323" on said Parcel Plat; thence North 00 degrees
54 minutes 03 seconds East a distance of 164.04 feet, along said eastern boundary of
Pennsylvania Street, to the southern boundary of 111`h Street; thence South 89 degrees 50
Exhibit "A"
Project: 1297165
Parcel: 63 Fee
Tax Id. No. 29-13-02-000-017.001-018
Sheet 2 of 2
minutes 16 seconds East a distance of 122.01 feet, along said southem boundary, to the point of
beginning and containing 0.116 acres, more or less.
This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered
Land Surveyor, License Number 29600021, on the O day of kv5 t, 2012.
-771
l LJ V
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
16+00 17+00
75.00r
Exhibit. "B
Right—of—Way Parcel Plat
Prepared for City of Carmel
By CrossRoad Engineers, P.C.
18+00 19+00 20+00
111th. Street LINE "B"
57583'
Sell-Off-�
O
O
+
d 28.50
N
so
10' Esml for landscaping in favor
of the City of Carmel, Indiana
20' esmt for sewer line in
favor of Clay Township
Regional Waste District
Sell—Off
15' Esmt for storm sewer in
favor of Charter Arbor Indy
Behavioral Health Systems, LLC.
675.76'
120'
20' esmt for gas. •
line in favor of
Indiana Gas
Company, Inc.
240'
674.59'
Seale: 1" = 120'
0
od
b
Sheet 1 of 2
/ 2 1 \
21 1
5507)
Parcel: 63
Code:
Project: 1297165
Road: 111th. ST & PENNSYLVANIA ST.
County: HAMILTON
Section 2
Township: 1711
Range: 3E
•
Owner: J.B. & M.J.M, OP INOMANA, INC.
Hatched Area is the
Approximate Taking
Note: Centerline Stationing is English
Drawn By: J.WHITESIDE
Checked By: R.PERRY
DES. No. 1297165
�INST. / 9709731965
INST / 9008699
INST. / 9008700
INST. / 9427142
INST. / 200300062249
JimenJonf Shown Am From The
Date: 08/08/2012
Date: 08/08/2012
DATE 08/05/1997
DATE:04/18/1990
DATE: 04/15/1990
DATE: 06/i /1994
DATE: 06/27/2003
Moor listed Rerord Oon<mesis/
Exhibit "B"
Right—of—Way Parcel Plat
Prepared for City of Carmel
By CrossRoad Engineers, P.C.
Porcel Coordinate Chart(Shown. in Feet
Point
Centerline I Station 1 Offset I Northing 1 Eastinq
1
2
3
7
See Location Control Route Survey Plat
5501
5502
302
'A'
146+45.00
65.00' R
9185.9128
5126.5264
303
4'
146+70.00
70.00' R
9210.8311
5131.9187
J22
4'
145+75.00
65.00' R
9115.9214
5125.4262
323
A'
145+75.00 .
PL(55.49' R)
9116.0709
5115.9157
304
'8'
16+00.00
65.00' R
9254.9270
5175.4357
305
9'
16+15.00
62.00' R
9257.8845
5190.4441
319
9'
16+30.00
62.00' R
9257.8421
5205.4440
320
• '9'
16+65.00
PL(40.00' R)
9279.7428
5240.5062
Note: Stations & Offsets control ov r both North & East Coordinates. and Bearings
& Distances.
To the best of my knowledge and belief, this plot, together with the 'Location Control Route
Survey' recorded as Instrument Number 2010-015472 in the Office of the Recorder of Hamilton
County, Indiono, (Incorporated and made a part hereof by reference) comprise a Route Survey
executed in accordance with Title 865 Indiana Administrative Code 1-12, ('Rule 12).
jLcW $/s/,z
Trent E. Newport Date
Reg. Land Surveyor No. 29600021
State of Indiana
Sheet 2 of 2
;[R13.55R0A40;
oENGINEEHS&'P.E
Transportation &
Development Consultants
NII 9001 mw WIDE 11 46151
(37 7W-rsss
'Parcel:
Code:
Project:
Road:
County
Section
Township
Range:
63 Owner: J.B. & M.J.M. OF INDIANA, INC.
1297165
111th. ST & PENNSYLVANIA ST.
HAMILTON
2
77N
JE
Hatched Area is the
Approximate Taking
Note: Centerline Stationing is English
Drawn By: J.WHNESIDE
Checked By R.PERRY
DES. No. 1297165
Date: 08/08/2012
Date: 08/08/2012
INST f 9709731965
INST. Ir 9008699
INST. / 9008700
INST. / 9427142
INST. 1 200300062249
Jimensions Shown Are From The
DAIS 08/01997
DATE:04 78 1990
aATE: 04/18/1990
DATE: 06/15/1994
DATE: 06/27/2003
Above lined Record 0nrumenty