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HomeMy WebLinkAboutPlum Creek Golf Property - Trade agreement and Warranty DeedA. U.S. Department of Housing �Pnv fru. <JVCV[oe B. Typo of Loan and Urban Development 1,1 ] FHA 2, 1 1 FMHA 3.1 ]Conv. Unins. 4.1 ] VA 5. ( ] Cony. Ins. 6. Filo Number 2072456 7. Loan Number Settlement Statement 8. Mortgage Ins. Case No. C. Note: This form is furnished to give you a statement of actual ettlement costs. Amounts paid to and by the settlement agent are shown. Items marked ("POO) were paid outside the closing: they are shown here for Information Purposes and are not included In the totals. D. Name of BorroweC City of Carmel E. Name of Seller: Meridian 131, LLC F. Name of Lender: G. Property Location: Plum Creek Golf Course 131st Street, Carmel, IN 46033 H. Settlement Agent: Hamilton Title Security, LLC (317) 843-5300 Place of Settlement: 865 West Carmel Drive, Suite 110, Carmel, IN 46032 I, Settlement Dale: 03/14/2008 Proration Date: 03/14/2008 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross amount due from borrower: 400. Gross amount due to seller: 101. Contract sales price 238,500.00 401. Contract sales price 238,500.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 675.50 409. 104. 404 105. 405. Adjustments for Items paid by seller In advance: Adjustments for Items paid by seller In advance: 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412, 120. Gross amount due from borrower: 239,175.50 420. Gross amount due to seller: 238.500.00 200. Amounts paid by er in behalf of the bomowee 500. Reduction In amount due to seller: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 0.00 203. Existing loan(s)takon subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. Funds from 2071535 239,026 75 506 201. 507. Payment to Plum Creek 208. 506 Golf Course, LLC 119,250.00 209. 509. Adjustments for items unpaid by seller: Adjustments for items unpaid by seller. 210. City/town taxes 510. City/town taxes 211. County taxes 01/012007 to 03/14/2008 148.75 511, County taxes 01/012007 to 03/14/2008 148.75 212 Assessments 512. Assessments 213, 513. 214, 514. 215, 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid by/for borrower: 239,175.50 520. Total reduction In amount due seller: 119,390.75 300. Cash at settlement from/to borrower: 600. Cash et settlement to/from seller: 301. Gross amount due from borrower (line 120) 239,175.50 601. Gross amount due to seller (line 420) 238,500.00 302. Less amount paid by/for borrower (line 220) 239,175.50 602. Lass total reduction In amount due seller(Ilne 520) 119,398,75 303. CASH ()FROM OTO BORROWER 0.00 603, CASH ()FROM IX)TO SELLER 119,101.25 L. Settlement Charges 3/12/00 12:35 PM Filo Number, 2072456 100. Total sales/broker commission Paid From Paid From Seller's Funds at Settlement Division of commission (line 700)as follows: Borrower's 101. 5 Funds at 702. $ Settlement 103. Commission paid at settlement 104. 800. Items payable In connection with loan 801. Loan otic/Mai/on fee 802. Loon discount 803. Appraisal fee 804. Credltreport 805. Lender's Inspection tee 806. Mortgage insurance appllcatlon fee 007. Assumption feo 808. Tax Service Fee 809. Flood Cerlificatlon 810. 811. 812. 900. Items required by lender to be paid In advance 901. Interest from 902. Mortgage Insurance prePJum far 903. Hazard Insurance premium for 904. 905. 1000. Reserves deposited with lender 1001. Hazard Insurance 1002. Mortgage Insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments (main.) 1006, 1007. 1009. Aggregate Accounting Adjustment 1100. Title charges 1101. Settlement or closing fee to Hamilton Tllle Security, LLC 250.00 1102. Abstract or Otte search 1103. Title examination 1104. Title insurance binder 1105. Document preparation 1106. Notary fees 1101. Attorney's fees to includes above Nems no.: 1108. Title Insurance to Hamilton Tlote Security, LLC 389.50 includes above items no.: 1109. Lenders coverage 1110. Owner's Coverage $238,500.00 $389.50 1111. Courier Foe 1112. 1113. Dept. or Ins. Enforcement Fee to Stewart Tito 5.00 1200. Government recording and transfer charges 1201. Recording fees: Deed $16.00 18.00 1201. City/county laxistamps: 1203. State tax/stamps: 1204. Sales Disclosure Filing Fee to Auditor of HamlIIOn County 10.00 1205. Transfer Fee to Auditor of Hamilton County 5.00 1208. 1300. Additional settlement charges 1301, Survey 1302. Pest inspection 1303. 1304. 1305. 1400. Total settlement charges (entered on lines 103. section J and 502, section 1() 675.50 cERTIFICATION: l have are IIy reviewed the HU0'l Settlement Statement and to the best of my knowledge a receipts and disbursements�y9000unt orby einiH1 Uansactao. l (alter certify that l ha yvJY da to �5%�� City of Carmel M r II Is a true and accurate statement of all D-1 Settlement HU0-1 Settlement Statement which 1 have prepared Is a true and accurate account of the funds wNch were received and have been orwlu partof the settlement of this transaction. N12c op, A. U.S. Department of Housing and Urban Development Settlement Statement B. Type of Loan 1.[ ] FHA 2.1 IFMHA 3.13 Conv. Unins. 4.I NA 5.11 CCnv. Ins. 6. File Number 2071535 7. Loan Number B. Mortgage Ins. Case No. C. Note: This form is furnished to give you a statement of actual ettlement costs. Amounts paid to and by the settlement agent are shown. Items marked (POC") were paid outside the closing: they are shown here for information purposes and are not included in the totals. D. Name of Borrower Meridian 131, LLC E. Name of Seller: City of Carmel F. Name of Lender: Marshall & Isley Bank-downtown. 135 N. Pennsylvania, Indianapolis, IN 46204 G. Property Location: of Section 26, Township 18 North, Range 3, Hamilton County, Indiana 131st Street, Cannel, IN 46032 H. Settlement Agent: Hamilton Title Security, LLC (317) 843-5300 Place of Settlement: 865 West Cannel Drive, Suite 110, Cannel, IN 48032 I. Settlement Date: 03/14/2008 Proration Date: 03/14/2008 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction lee. Gross amount due from borrower: 400. Gross amount due to seller. 101. Contract sales price 1,120,000.00 401. Contract sales price 1,120,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 11,796.00 403. 104. 404. 105. 405. Adjustments for items paid by seller In advance: Adfusbnents for Items paid by seller In advance: 106. City/town taxes 406. Clty/town taxes 107. County taxes 407. County taxes 108, Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112, 412. 120. Gross amount due from borrower: 1,131,796.00 420. Gross amount due to seller: 1,120,000.00 200. Amounts paid by or In behalf of the borrower: 500. Reduction in amount due to seller: 201, Deposit or earnest money 501. Excess deposit (see Instructions) 202. Principal amount of new loan(s) 602. Settlement charges to seller gine 1400) 11,5590.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Draw from Lender 666,088.51 504. - Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206, Funds from File 2072456 119,101.25 506. 207. 507. Funding Flle 2072458 239,031.50 208. 508. 209. 509. Adjustments for items unpaid by seller: Adjustments for Items unpaid by seller. 210. City/town taxes ��/ 10. City/town taxes 211. County taxes 01/012007 to 03/142008 10,770.24 11. County taxes 01/0112007 to 03/1412008. 10,770.24 212. Assessments 12. Assessments 213. 513. 214. 514. 215. 515. 216. 518. 217. 517. 218. 518. 219, 519. 220. Total paid bylfor borrower. 785,958.00 520. Total reduction in amount due seller. 261,391,74 300. Cash at settlement frorMo borrower: 600. Cash at settlement to/from seller 301. Gross amount due from borrower (line 120) 1,131,7(.8.00 601. Gross amount due to seller (line 420) 1,120,000.00 302. Less amount paid by/for borrower (line 220) 795,958.00 602. Less total reduction in amount due seller(Ilno 520) 261,391.74 303. CASH (X)FROM OTO BORROWER 335,838.00 603. CASH ()FROM (X)TO SELLER 856,608.26 ---O i S pcb C. 15 e'�Cn I J �e 1 L. Settlement Charges - 3/12/08 12:34 PM Filo Number 2071535 700. Total sales/brokor commission Paid From Paid From Seller's Funds at Settlement Division of commission (line 700) as follows: Borrower's 701. $ - Funds at 702. $ Settlement 703. Commission paid at settlement 704. 800. Items payable in connection with loan 801. Loan origination fee to Marshall & Isley Bank- dow 7,500.00 802. Loan discount 803. Appraisal fee to Marshall & Isley Bank -downtown 2,000.00 804. Credit report 805. Lender's Inspection foe 806. Mortgage Insurance application fee 807. Assumption fee 808. Tax Service Fee 809. Flood Certification 810. 811. 812. 900. Items required by tender to be paid in advance 601. Interest from 902. Mortgage Insurance premium for 903 Hazard Insurance premium for 904. 905. 1000. Reserves deposited with lender 1001. Hazard insurance 1002. Mortgage Insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments (main.) 1006. 1007. 1009. Aggregate Accounting Adjustment 1100. Title charges 1101. Settlement or dosing fee to Hamilton Title Security, LLC 250.00 1102. Abstract or title search 1103. Title examination 1104. Title Insurance binder 1105. Document preparation 1106. Notary fees 1107. Attorney's fees to Includes above items no.: 1108. Title Insurance to Hamilton Title Security, LLC 900,00 includes above items no,: 1109. Lenders coverage 31,932.645.00 $150.00 1110. Owner's coverage $1,120,000.00 $830.00 1111. Courier Foe 1112. Wire Fee (Proceeds) to Hamilton Title Security, LLC 15.00 1113. Dept. of Ins. Enforcement Fee to Stewart Title 10.00 1200. Government recording and transfer charges 1201. Recording fees: Deed $16.00 16.00 1202. City/county tax/stamps: 1203. State lax/stamps: 1204. Sales Disclosure Filing Fee to Auditor of Hamilton County 10,00 1205. Transfer Fee to Auditor of Hamilton County 5.00 1206. Misc. Recording to Hamilton bite Security, LI.0 150.00 1300. Additional settlement charges 1301. Survey 1302. Pest inspection 1303. Seller's Counsel Foes to Bose McKinney and Evans 10,700.00 1304. Plat Amendment Fee to Gripe Engineering 875.00 875.00 1305. 1400. Total settlement charges (entered on lin , section J and 502, section K) 11.795.00 11,590.00 have careful •t Settlement Statement and to the best of my knowledge this transaction. I further certify that l have received a City of Germs tl belief, It le a true end accurate statement of an I Seeanent Swsresct. .,0 coraco the HIM -1 Settlement Statement which l have prepared lea eve and accurate account of the funds which Sere received and have bran or MU,,`` +• as pad of the seldemont of the transaction. 1111 y, LLC Dale -1 14 uFfp .Sponsor: Councilor Carter RESOLUTION CC -10-15-07-02 A RESOLUTION OF TITE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING EXCHANGE OF REAL PROPERTY TO THIRD PARTY WHEREAS, the Common Council of the City., of Carmel, Indiana (the "Council"), is the fiscal body for the City of Carmel, Indiana (the "City"); and R'HERIAS, the Council has determined that a public need exists for the City's acquisition of that certain specific property consisting of approximately 2 acres near 13]51 Street and Hazel Dell Parkway located in the City of Carmel, County of Hamilton, State of Indiana, which Property is more fully described in Exhibit A, attached hereto and made a part hereof by this reference; and WHEREAS, the Council is interested in purchasing the Property in order to construct a new fire station (the "Fire Station Property"), and for all other lawful purposes; and WHEREAS, the City owns certain property located at the northeast corner of US 31 and 13151 Street consisting of approximately four (4) acres, all of which is located in Carmel, Indiana (the "Property "); and WHEREAS, the City has determined that only a portion of the Property is now necessary for right-of-way purposes (the'"Right-of-Way Area") and that the remainder of the Property (the "Remainder Property") is hot needed for this or any other public purpose; and WHEREAS, the legal description of the Remainder Property is set forth on Exhibit B attached hereto and incorporated herein by this reference; and _ WHEREAS, the sale of the Remainder Property was approved by the City's Board of Public Works & Safety (the "BPW") on July 18, 2007, as its Resolution No. 07- 18-07-01; and WHEREAS, it is in the City's best interest to enter into an exchange pursuant to which the City will exchange the Remainder Property for the Fire Station Property and a cash payment equal to the difference in the appraised values of the Reminder Property and the Fire Station Property. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS: 953044v2 Sponsor: Councilor Carter 1. That the foregoing Recitals are incorporated herein as though fully set forth below. 2. That, pursuant to. Indiana Code.3-1,10.5-5, the Council hereby states that it is interested in purchasing the Fire Station Property described on attached Exhibit A, such Fire Station Property to be used in the construction olthe fire station, and for all other lawful purposes. 3. That the Council' hereby approves the exchange of the Remainder Property and the Fire Station Property (the "Exchange"), pursuant to I.C. 36-1-11-9. 4. That the value of the Remainder Property shall not be less than 51,120,000, adjusted by reasonable and customary closing costs, and other expenses incurred by the City asa result of the Exchange. 5. That the purchase price for the Fire Station Property shall not be more than the average of the two (2) appraisals to be obtained by the BPW pursuant to IC 36-1-10.5- 5, adjusted by reasonable and customary closing costs, and.otherexpenses incurred by the City as a result ofthe Exchange. 6. That the Exchange will be conditioned upon the following terms and conditions: (i) the conveyance to the. City,at no cost, of additional right of. way which is necessary for the City's anticipated road improvements on 131' Street; and (ii) the granting of certain drainage and access easements across the Remainder Property which will benefit the Remainder Property and tdhich will facilitate development and compatible land use planning in and with existing and proposed development in this general area. 7. That the Common Council hereby directs the BPW to proceed with the Exchange pursuant to the requirements of IC 36-1-10.5-5 and 36-1-11-9, and designates Steven Engelking, the Director of the City's Department of Administration, as its agent for purposes of completing the,Exchange. Mr. Engelking is hereby authorized to execute all documents required in connection with the Exchange pursuant to this Resolution and to take all other lawful actions necessary to complete the Exchange as contemplated herein. 8. That this Resolution shall take effect upon its passage by Council and such execution by the Mayor and notice as is requited by law. 953044v2 • Sponsor: Councilor Carter Passed by the Common Council of the City of Cannel, Indiana this 1-> day of October, 2007, by a vote of 7 ayes and f _ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Richard L. Sharp Diana L. Cordray, IAMC, Clerk-Tre rer Presented by me to the Mayor of the City of Cannel, Indiana this /S' day of OCQh 2007, at 7'• Diana L. Cordray, IAMC, Clerk-Treasj APproved by me, Mayor of the City of Carmel, Indiana, this iS d 2007, at -1:aa -9 M. ATTEST: Diana L. Cordray, TAMC, Clerk-Tr'¢urer es Brainard, Mayor Prepared by Douglas C. Haney, City Attorney, City of Carmel, One Civic Square, Carmel, Indiana 46033. 953044v2 • Sponsor: Councilor Carter Exhibit A Proposed Boundary Description • Carmel Fire Station #44 Part of Plum Creek Golf Course, as per plat thereof, recorded as Instrument Number 96- 8135 in Plat Cabinet' 1, Slide 665 in the Office of the Recorder of Hamilton County, • Indiana, more.particularly described as follows: BEGINNING at the Northwest confer of Stock A of Plum Creek Ridge, Section.2, as per plat thereof, recorded. as Instrument Number 98-1905 in Plat Cabinet 2, Slide 65, recorded' in said. Recorder's Office;'thence South 00 degrees 00 minutes 00 seconds East (record plat bearing) along the West line of said Block A and the East boundary of said Plum Creek Golf Course 283.98 feet to the Southwest corner of'said_ Block A; thence South 59 degrees 30 minutes 00 seconds East along the Southern line of said Block A 219.93 feet; thence North 89 degrees 50 minutes 26 seconds Wiest 361.76 feet to the East line of.a 30 foot drainage, utility, :and sewer easement.as platted in said Plum Creek Golf Course; thence North 06 degrees 14 minutes.36 seconds West along said East line 397.55 feet to the South right of way line of 1315' Street; thence South 89 degrees -50 minutes 26 seconds East along said South right of way line 215:49 feet to the POINT OF BEGINNING, containing 2.000 acres, more or less. 953044 v2 Sponsor: Councilor Carter Exhibit B Legal Description of the Remainder Property Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North,. Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said. Section 26;. thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the cast line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve .having a radius of -2146.83 feet, the radius point of which hears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line in arc distance of 765.78 feet to a point which bears. North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way'linc South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence. South 01 degrees 30 minutes 53 seconds East a distance of 1.6.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point; containing 4.066 acres, more or less. Less the following described Right -of -Way Parcel: Part of the Northwest Quarter of Seddon 26, Township 18 North, Range 3 East in Hamilton County; Indiana, more particularly described as follows: BEGINNING at the Southeast corner of the Northwest Quarter of said Section 26; thence South 88 degrees 37 minutes 29 seconds West (assumed bearing).along the South line of said Northwest Quarter 325.87 feet; thence North 01 degrees.22 minutes 1'8 seconds West perpendicular to the last described line 16.50 feet to the Southern Limited Access Right of Way of U.S. 31; thence North 54 degrees 37 minutes 24 seconds West along said Southern Limited Access Right of Way 89.42 feet; thence North 88 degrees 37 minutes 42 seconds East 300.77 feet to a non -tangent curve to the right having a radius of 100.00 feet, the radius point of which bears South 46 degrees 58 minutes 32 seconds East; thence Easterly along said curve 107.14 feet to a point on the East line of said Northwest Quarter, said point bears North 14 degrees 24 minutes 45 seconds East from said radius point; thence South 00 degrees 14 minutes 28 seconds East along said East line 96.29 feet to the POINT OF BEGINNING, containing 0.621 acres, more or less. 953044v2 RESOLUTION NO. 07-18-07-01 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, REGARDING THE THIRD PARTY TRANSFER OF REAL PROPERTY 'WHEREAS, the City of Carmel, Indiana (hereinafter, the "City") owns certain property located at the northeast corner of US 31 and 1315` Street consisting of approximately four (4) acres in Carmel, Indiana (the "Property ");.and WHEREAS, the City has now determined that only a portion of the Property is necessary for right-of-way purposes (the "Right -of -Way Area") and that the remainder of the Property (the "Remainder Property") is not needed for any other public purpose; and WHEREAS, the legal description of the Remainder Property is set forth on Exhibit A attached hereto; and NOW, THEREFORE, BE IT RESOLVED, that the City of Carmel Board of Public Works and Safety (the "BPW") hereby makes the following findings: 1. The foregoing Recitals are incorporated herein by this reference. 2. Upon approval of the sale of the Remainder Property by the Common Council of the City of Carmel, Indiana, the Remainder Property shall be sold pursuant to I.C. 36-1-11=5. 3. The purchase price for the Remainder Property shall be not less than $1,120,000.00, adjusted by reasonable and customary closing costs and other expenses incurred by the City as a result of such sale. 4: The BPW hereby designates Steve Engelking, Director of the Department of Administration for the City of Carmel, Indiana, as its agent for purposes of completing the disposition of the Remainder Property. Mr. Engelking is hereby authorized to execute all documents. required in connection with the disposition of the Remainder Property pursuant to this Resolution and to take all other lawful actions as are necessary or appropriate to 'complete the acquisition, offering and disposition of the Remainder Property as contemplated herein. Final BPW Resolution Resolution of The Board of Public Works and Safety PASSED by the Board of Public Works and.Safety of the City of Carmel, Indiana, this 18th day of.Jiuly, 2007, by a vote of :• ayes and f2( nays. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: /I/OT €sant Date: James Brainard, Presiding Officer ary Date: Btu /r Mem Lori Wat on ber Date: r1 0,11 01 ATTEST: IA. Johnson, putt' Clerk for ana L. Cordra C, Clerk -Treasurer Date: -7 STATE OF INDIANA ) ) SS: COUNTY OF' HAMILTON ) Before me, a Notary Public in and for said County and State; personally appeared Mayor lames Brainard, Mary Ann Burke and Lori Watson, by me known to be the Members of the City df :carpel Board of Public Works and Safety, and Diana L. Cordray, Clerk -Treasurer of the.City of Carmel;.who acknowledged the execution of the foregoing 'Resolution" on behalf of the City of Carmel;'lndiana 't Witness my hand and Notarial Seal this %JNday of sS4�1 �f{//y�t, 2007. '''7, / Commission Expiration: //a10, Notary. Public Signature C . An r, av t S County of Residence: I -k t far Notary Public - Printed Final BPW Resolution 2 EXHmIT A Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a pointon the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street),.said point being on a curve having a radius of 2146.83.feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line in arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29. miriutes.07'seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point; containing 4.066.acres, more or less. Less the following described Right -of -Way Parcel: Part of the Northwest Quarter of Section .26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: BEGINNING at the Southeast corner of the Northwest Quarter of said Section 26; thence South 88 degrees 37 minutes 29 seconds. West (assumed bearing) along the South:line of said Northwest Quarter 325.87 feet; thence North 01 degrees 22 minutes 18 seconds \Vestperpendicular to the last described line 16.50 feet to the Southern Limited Access Right of Way of U.S. 31; thence North 54 degrees 37 minutes 24 seconds West along said Southern Limited Access Right of Way 89.42 feet; thence North 88 degrees 37 minutes 42 seconds East 300.77 feet to a non -tangent curve to the right having a radius of 100.00 feet, the radius point of which bears South 46 degrees 58. minutes 32 seconds East; thence Easterly along said curve 107.14 feet to a point on the East line of said.Northwest Quarter, said point bears North 14 degrees 24 minutes 45 seconds East from said radius point; thence South 00 degrees• 14 minutes 28 seconds East along said East line 96.29 feet to the POINT OF BEGINNING, containing 0.621.acres,•more or less. 9518tOv1 CITY OF CARMEL, INDIANA EXECUTIVE ORDER JB -2007-1 WHEREAS, Indiana Code 36 -I -i 1-3(b) authorizes the executive of a political subdivision to approve the sale of real property owned by that political subdivision after a public hearing is held thereon; and WHEREAS,. Indiana Code 36 -I -11-3(b) requires the executive of a municipality to designate a board of the municipality to give notice, conduct a hearing and notify the executive of its recommendation with respect to the sale of real property; and WHEREAS, the City of Carmel, Indiana (the "City") owns properly consisting of approximately four (4) acres located generally at the northeast corner of US 31 and 131" Street (the "Property"), such Property being located within the corporate limits of the City of Carmel, Indiana (the "City"); and WHEREAS, a portion of the Property is needed by the City for right of way purposes for a road expansion project and the remainder of the Property (the "Remaining Property") is not needed by the City for any public purpose; and WHEREAS, it may be in the City's best interest to sell, transfer or exchange the Remaining Property. NOW, THEREFORE, by virtue of the power and authority granted to me as Mayor of the City of Cannel, Indiana, I, James Brainard, do hereby declare and order that, effective on and after June /9 , 2006: (1) The City of Cannel Board of Public Works and Safety is designated as the board of the City responsible for giving notice, conducting the public hearing and notifying the. Mayor of its recommendation with respect to the sale, transfer or exchange of the Remaining Property. (2) The City of Cannel Board of Public Works and Safety is directed to and shall undertake the above actions in a timely fashion, in accordance with applicable law, and shall issue written findings in support of its recommendation with respect to the sale, transfer or exchange of the Remaining Property. SO ORDERED THIS _ r DAY OF June, 2007. ATTEST: Douglas_C ferey, City Attorney 9U,1, ,, �,Mar.24. 2008 9:40AM H-'Jlton Title DULY ENTERED t TAXATION Subject to final acceptance for transfer .day of dratoth , 2008 /.P.c) Auditor of Hamilton County Parcel # No. 6626 P. 2 20, a 4805 WARR DEED 522.00 03/E4/2005 08:55:578 4 PCS Jennifer S Hayden Recorded as dPresented IN ' V LIMITED WARRANTY DEED (Part of Tax Parcel No. 16-10-27-00-07-001.000) THIS INDENTURE WITNES SETH, That PLUM CREEK GOLF COURSE LLC, an Indiana limited liability company ("Grantor"), BARGAINS, SELLS AND CONVEYS to THE CITY OF CARMEL, INDIANA ("Grantee"), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, Indiana, as more specifically described on Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"), subject only to those matters more specifically described on Exhibit B, which is attached hereto and incorporated herein by reference. The warranty of title by Grantor is limited to a warranty against the acts of Grantor and those claiming by, through or under Grantor during or in respect of Grantor's period of ownership of the Real Estate and not otherwise. The undersigned person executing this Limited Warranty Deed on behalf of Grantor represents and certifies that he has been fully empowered to execute and deliver this Limited Warranty Deed, that Grantor has full capacity to convey its interest in the Real Estate, and that all necessary action for the making of such conveyance has been taken and done. ,�}� IN WITNESS WHEREOF, Grantor has caused this Deed to be executed this / -day of March, 2008. PLUM CREEK GOLF COURSE LLC By; Browning Investments, Inc., its Manager 1033780_I.DOC ,Mat. 24. 2008 9:40AM H'miIton Title No. 6626 P. 3 STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State personally appeared James W. Browning, by me known and by me known to be the Vice President of Browning Investments the Manager of Plum Creek Golf Course LLC, an Indiana limited liability company, and acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of said limited liability company. WITNESS my hand and Notarial Seal this t, day of March, 2008. My Commission Expires: My County of Residence: Printed Signature Wiiliam B. Olsen, Notary Public County of Residence: Hamilton Commission. Expires: D6.'3D108 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. Tammy K. Haney This instrument prepared by: Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite 300, Indianapolis, Indiana 46280. Grantee's mailing address is and send tax statements to: City of Carmel, Indiana, One Civic Square, Cannel, Indiana 46032. 1033780 l.DOC .Mar. 24. 2008 9:41AM tHliilton Title No. 6626 P. 4 EXHIBIT A LAND DESCRIPTION Part of the Secondary Plat of Plum Creek Golf Course, as per plat thereof, recorded as Instrument Number 96-8135 in Plat Cabinet 1, Slide 665 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: BEGINNING at the Northwest comer of Block A of Plum Creek Ridge, Section 2, as per plat thereof, recorded as Instrument Number 98-1905 in Plat Cabinet 2, Slide 65, recorded in said Recorder's Office; thence South 00 degrees 00 minutes 00 seconds East (bearings based upon said Plum Creek Golf Course) along the West line of said Block A and the East boundary of said Plum Creek Golf Course 283.98 feet to the Southwest comer of said Block A; thence North 90 degrees 00 minutes 00 seconds West 184.36 feet; thence North 64 degrees 09 minutes 51 seconds West 153,54 feet; thence North 00 degrees 00 minutes 00 seconds West 217.96 feet to the South right of way line of 131st Street; thence South 89 degrees 50 minutes 26 seconds East along said South right of way line 322.55 feet to the POINT OF BEGINNING, containing 2.000 acres, more or less. 1033780-I.tOC ,Mar. 24. 2008 9:41AM Hamilton Title EXHIBIT B 1. Real estate taxes and assessments not yet delinquent. No. 6626 P. 5 2. Easements and building set -back lines as shown on the plat of Plum Creek Golf Course, as per plat thereof, recorded as Instrument Number 96-8135 in Nat Cabinet 1, Slide 665 in the Office of the Recorder of Hamilton County, Indiana. 3. Covenants, conditions and restrictions as set out on the plat of Plum Creek Golf Course, as per plat thereof, recorded as Instrument Number 96-8135 in Plat Cabinet 1, Slide 665 in the Office of the Recorder of Hamilton County, Indiana. 1033780_1.1)0C DULY ENTERED EOR TA%ATION c Subject to f inal acceptance for transfer day of 2O2 . ieo6n,n, 77,7&2t4., Auditor of Hamilton County Parcel # k;4 -O‘ -Do -oo-oC co t . iA 2008035514 WARR DEED 524.00 07/08/2008 10:24:008 5 PG5 Jennifer J Hayden HRMILTON County Recorder IN Recorded as Presented LIMITED WARRANTY DEED (Tax Parcel No. 16-09-26-00-00-001.001) THIS INDENTURE WITNESSETH, That THE CITY OF CARMEL, INDIANA ("Grantor"), BARGAINS, SELLS AND CONVEYS to MERIDIAN 131, LLC, an Indiana limited liability company ('`Grantee"), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and. sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, Indiana, as more specifically described on Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"), subject only to those matters more specifically described on Exhibit B, which is attached hereto and incorporated herein by reference. The warranty of title by Grantor is limited to a warranty against the acts of Grantor and those claiming by, through or under Grantor during or in respect of Grantor's period of ownership of the Real Estate and not otherwise. The undersigned person executing this Limited Warranty Deed on behalf of Grantor represents and certifies that he has been fully empowered to execute and deliver this Limited Warranty Deed, that Grantor has full capacity to convey its interest in the Real Estate, and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed this 14th day of March, 2008. 103431I_I.DOC THE CITY OF CARMEL, INDIANA By: Steve Engelking, Authorized Agent and Director of Administration, City of Carmel STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State personally appeared Steve Engelking, by me known and by me known to be an Authorized Agent and Director of Administration for The City of Carmel, Indiana, and acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of The City of Cannel, Indiana. WITNESS my hand and Notarial Seal this 14°' day of March, 2008. N Commission Expires: t.Lyc'(of Myclinty of Reyince: Notary Public Printed Sig ature 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. Tammy K. Haney This instrument prepared by: Tammy IC. Haney; Attorney at Law, Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite 300, Indianapolis, Indiana 46280. Grantee's mailing address is and send tax statements to: Meridian 131, LLC, 6100 W. 96ih Street, Suite 250, Indianapolis, Indiana 46278. I034311_I.DOC File No.: 2071535 EXHIBIT A Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point, containing 4.066 acres, more or less. Less the following described Right -of -Way Parcel: Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: BEGINNING at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the East line of said Northwest Quarter 116.84 feet to a non -tangent curve to the left having a radius of 120.00 feet, the radius point of which bears South 12 degrees 00 minutes 59 seconds West; thence Westerly and Southwesterly along said curve 135.39 feet to a point which bears North 52 degrees 37 minutes 45 seconds West from said radius point; thence South 88 degrees 42 minutes 47 seconds West parallel with the South line of said Northwest Quarter 285.21 feet to the Eastern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST -F-222(9); thence South 54 degrees 32 minutes 19 seconds East along said Eastern Limited Access Right of Way 97.78 feet; thence South 01 degrees 17 minutes 13 seconds East 16.50 feet to the South line of said Northwest Quarter; thence North 88 degrees 42 minutes 47 seconds East along said South line 325.87 feet to the Point of Beginning, containing 0.710 acres, more or less. The above real estate is now more particularly described by survey certified December 17, 2007, by Eric C. White, Indiana Registered Land Surveyor, Cripe Project Number 060384-30300, as follows: Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the East line of said Northwest Quarter 116.84 feet to the Point of Beginning; thence continuing North 00 degrees 09 minutes 11 seconds West along said East line 596.06 feet to the Eastern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST -F-222(9) and a non -tangent curve to the left having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 02 minutes 47 seconds East (the following two calls are along said Eastern Limited Access Right of Way; 1) thence Southwesterly along said curve 766.23 feet to a point which bears North 67 degrees 29 minutes 45 seconds West from said radius point; 2) thence South 54 degrees 32 minutes 19 seconds East 10.05 feet to the proposed North right of way of 13I" Street (the following two courses are along said proposed North right of way); 1) thence North 88 degrees 42 minutes 47 seconds East parallel with the South line of said Northwest Quarter 285.21 feet to a non -tangent curve to the right having a radius of 120.00 feet, the radius point of which bears South 52 degrees 37 minutes 45 seconds East; thence Northeasterly and Easterly along said curve 135.39 feet to the Point of Beginning, which point bears North 12 degrees 00 minutes 59 seconds East from said radius point, containing 3.361 acres, more or less. EXHIBIT B I. Real estate taxes and assessments not yct delinquent. 2. Easements for drainage ditches and tile drains. 3. Pennanent extinguishment of all rights and easements of ingress and egress to, from and across the limited access facility (known as US 31) to and from the land as set out in an order in Hamilton Circuit Court as Cause No. C-71-247. 4. Easement in favor of Indiana Bell Telephone Company, Incorporated, set out in Agreed Judgment filed in Hamilton Superior Court Cause No. 1575-455 recorded June 16, 1981 in Miscellaneous Record 165, Page 489. 5. Assessments for J.R. Collins #1 Legal Drain. 1034311_1.1)0C