HomeMy WebLinkAbout323159 03/21/18 oi�
CITY OF CARMEL, INDIANA VENDOR: 367513
ONE CIVIC SQUARE HUNTINGTON NATIONAL BANK CHECKAMOUNT: $***"27,880.00'
CARMEL, INDIANA 46032 AS TRUSTEE FOR THE CITY OF CARMEL CHECK NUMBER: 323159
45 N PENNSYLVANIA ST INHP61 CHECK DATE: 03/21/18
INDIANAPOLIS IN 46204
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
900 4359039 27,880.00 INDOT LPA PROJECT
VOUCHER NO. WARRANT NO. Prescribed by state Board of Accounts City Form No.201(Rev.1995)
Vendor# 367513 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
HUNTINGTON NATIONAL BANK IN SUM OF$ CITY OF CARMEL
AS TRUSTEE FOR THE CITY OF CARMEL An invoice or bill to be properly itemized must show:kind of service,where performed,dates service
45 N PENNSYLVANIA ST INHP61 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc.
INDIANAPOLIS, IN 46204
Payee
$27,880.00
Purchase Order#
ON ACCOUNT OF APPROPRIATION FOR
Terms
Engineering
Date Due
PO# ACCT# DATE INVOICE# DESCRIPTION
DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
0 43-590.39 $27,880.00 1 hereby certify that the attached invoice(s),or 3/14/18 0 Rembursement of COIT Acct for INDOT LPA $27,880.00
2200 900 2200 900 Project-Meijer Parcel ROW
bill(s)is(are)true and correct and that the
materials or services itemized thereon for OC y— —00 I� I A N N
which charge is made were ordered and w A L_j H-A ILLIh L�AS E
received except
Wednesday, March 14,2018
Jeremy Kashman
Director
I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have
audited same in accordance with IC 5-11-10-1.6
,20
Clerk-Treasurer
srALPA INVOICE VOUCHER INDOT USE ONLY
IRdState Form 52663(132/6-16) PS Receipt No.
Z INDIANA DEPARTMENT OF TRANSPORTATION
Appoved by State Board of Accounts,2016 PS Voucher ID No.
yid. Approved by Auditor of State,2016
INDOT Invoice No.
LPA'S NAME AND REMIT TO ADDRESS PO Number xQ017812680,:_
CIof;Carmel., . .. .
Net Amount of Claim $ 27,880.00
1 Civic`Sware
Carmel,IN'46032 Vendor Code 0000059287
CFDA Number 20.205
TO: INDIANA DEPARTMENT OF TRANSPORTATION
-� _ _ t.
CARE OF: Greefleld�Dlstrlctro gram Coot'dmatbr EXEMPT PER I.C.5-17-5-2
ADDRESS: 32 South Broadway Street
Greenfield, Indiana 46140
PO Number Invoice Number Amount
0017812680 $34;850.00
0017812680
n�Y
0017812680
1 Claim No. _ 1��' Des. No. - `1500444`'
2 This claim voucher is for: IRlgtt of Way Acquistion
3 Project Description: [ST 1081 Roundabout construction;Intersection of 126thStreet(Carmel Drive)and:
Old Meridian Street
Y�
4 Period covered by this claim. From 16/17/2017, , To: , $ 10/17/2017
5 Gross amount of previous claims. $ 4 � a p00
6 Net amount of previous claims. $P,_ ;<000
1 1
7 This is is not)-a4inal.claim, _ �;IS FINAL!
8 Gross amount of this claim. $ 34,850.00
9 Federal Share Reimbursable (Line 8 x Fed. %) $
80 . 27,880.00
10 Net amount of claim. $ 27,880OQ
11 I am'�f the projectend date (this may or may not be the same as the PO end date)
Yes;,LPA Is aware of the Pro)ect\End Date y
12 My last relrnbursement request i✓8 within the last iW(6) months °
Yes M .a,
T h
Note If fu_dsno reimbursement wlll_be given
RECOMMENDED FOR APPROVAL
INDOT OFFICIAL INITIATING THE CHARGE DATE (Month,Day,Year)
I certify that this claim is correct and valid and is a proper charge against the State Agency indicated.
Authorized Signature of State Agency Date (Month,Day,Year)
Pursuant to the provisions of Indiana Code 5-1-10-1,1 hereby certify that the amount claimed is legally due after aowing alijust credits,an
that no part of the said has been paid.
ature Vendor Official Title Date(Month,Day,Year)
'77777' 7
C�d-y
ACH Notification 3-15-2018
Notification of ACH Payment
TO: From the office
of:
CITY OF CARMEL TERA KLUTZ
ONE CIVIC SQUARE Auditor of the
State
CARMEL, IN 46032 200 W.
washington St.
ROOM 240
STATEHOUSE
Indianapolis,
IN 46204
vendor ID Bank ID # Bank Account # Payment Date Handling Cd
0000059287 XXXXX1663 XXXXX2104 03/15/2018 AS
Payment Reference Payment Amount Unit Description
008306501 27880.00 00800 Transportation
Invoice ID PO ID Invoice Dt Gross
Discount Late Charge Net
------------------------------------------------------------------------------------
----------------------------------
INDOT FEB18 LPA 01 1500444 RW 02/08/2018 27880.00
0.00 0.00 27880.00
Payment Message: CLAIM #1 / DES #1500444 / CFDA #20.205 / FHWA 80%
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PiTMENT PER DISBN'aitM{NT �AD12027R72. � E NDVEN$IR C 20f7'- -y
DIRECTION NO, 98; CITT OF CARMEt REDEVELOPMENT AUTNORITT,,LEASE RENT4 A
AC INV NO. PI ..
S34,BSO.00 }�
PAYE.UC1LY: THIRTY FOUR THOUSAND EIGHT HUNDRED FIFTY DOLLARS NO 1
CENTS
PAY 10 THE ORDER: MEIJER STORES LIMITED PIRTNERSNIP /l f
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City of Carmel
�NoIANt Office of Chrisline S.Paulcy
Clerk-Treasurer
CITY OF CARMEL,INDIANA
2016 COIT BOND
.4 FUND DRAW REQUISITION
Disbursement Direction No, 48 Date: 11/01/17
The Huntington National Bank
Alin: Mark A.Hudson,VA ;
45 North Pennsylvania Slreel—tNHP61 Phone.317.237.2541
Indianapolis,IN 46204 Vltierrath=mar'r:hudson�hnnlinnldn.com' f
RE: City of Carmel Redevelopment Authority Lease.Rental Bonds,Scrics 2016A(Public Infrastructure Projects) j
Depository Account Account#4082023622-$139,872,000 ,
Dear Mr.Hudson,
You are hereby authorized and directed as the Depository under the above referenced Agreement.to pay the amounls'set
forth onthc attached Register of Claims from the above-referenced Trust account and to ovemighl the checks to the
Individual.as sct.forth on the attached register.
The undersigned certifies that:
i
(a) The undersigned is an officer of the City of Carmel.Indiana:
_(b) The amounts'set.forth on Schetfule A are requested to be paid from the City of Carmel(Indiana)COLT Bonds l
of 2016--Depository Account#4083033622
(c) Each obligation as reflecteby the amounts set forth on Schedule-A has been properly Incurred.j. a proper
charge against the.City of Jarmel(Indiana)COff Bonds of 2016—Depository Account and has not been the
basis of any previous withdrawal from the Depository Account:and
W) suppordrig nformaiion with respect to each payee designated on Schedule A as to[Ile amount owing is
attached hereto.
CITY OF CARMEL;IIT
NDIANA CITY O CA , L.INDIANA ?
BY: BY
1Lremy'Kash"m ,P'Ef Ch'stine Paulcy,Clerk-Trea`surer
City Engine Authorized Officer
ONE CIVIC:QUARE CANNIllf 1NI77.*.%Wt! it',!971.414
cN�elGcinicl m.�n•
lS�l
I
REGISTER OF CLAIMS
SCHEDULE A
CITY OF CARMEL,INDIANA
City or Carmel Redevetopmetn,Authorhy Lease Rental Bonds,Series 2016A(Public Ittrrastructure Pr(dects) I�
Depository Account Account#4082023622-$139,872,000 I
FUND PAYMENT REQUISITION 1
DISBURSEMENT DIRECTION NO. 48
November 1,2017
UNIESSSOTHERWISE NOTED,ALL'CHECKS LISTEII HEREON TO BE MAILED TOt
;Amcrl�un Structurepuinl,[nc. ' � f
z_ '°Atln 5ylviu iSktp TlnnU�caU! �� - � r
AMOUNTS
PAYEE'S NAME&MAILING ADDRESS REQUISITIONED COST ITEMIZATION I
Meijer Storrs Limited Partnership Category or service Land Cost
2929 Walker Avenue Carmel Drive&Old Meridian RAB 1
Grand Rapids MI 49544 Project Numbw.. 15-18
Purchase Order,: NA j
$ 34,850.00 Invoice Number. P.I
(Note to Sintcturepoint.,Oventight check to Senn White at Clapp FerntcciJ c,case picz�itls cont.tnd" a k of c[�u�eh�"rte �
S&J Real Estate:-LLC Category of service Land Cost
320 S.Rangeline Road Rangeline Road.and 41h Strcct Roundabout
Carmel IN 46033 Project Number. 16 ENG31
1 Purchase Order. NA ,
165,000.00 Invoice Number P6 l
(Note to$(rttcturepoint.Orenright check to Sean White Clapp FerntcciJ ;l�=prOP T. (nt rid of IcaCcdsehtek - '
199.850-00
A=:1
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release(the "Agreement") is made by and between the
City of Carmel (the "City") and Meijer Stores Limited Partnership, a Michigan Limited
Partnership, ("Meijer") (Carmel and Meijer will be referred to collectively as the "Parties"or
individually as a"Party").
RECITALS
WHEREAS, Meijer owns fee simple title to certain real estate in 1.lamilton County,
Indiana,as described in that certain Corporate Decd dated January 30,2000, and recorded in the
Office of the Recorder of Iaamilton County, Indiana, on October 31, 2000, as Instrument
No.200000054239,and re-recorded in the Office of the Recorder of Hamilton County, Indiana,
on March 2, 2001, as Instrument No. 200100010582, a copy of which is attached hereto as
Exhibit A(the';Meijer Real Estate");
WHEREAS, the City deterniined that it would benefit the public to construct a
roundalfi ut at the intersection of Camicl Drive and Old Meridian(the"Project");
WHEREAS,in connection with the Project,the City detemuned it necessary to acquire a
permanent right orwxy over 0.173 acres of land from the Meijer Real Estate consisting of wo
(2) areas of acquisition. The first area of acquisition contains 0.148 acres and is located in the
southeast comer of thL north tract of land. The second area of acquisition contains 0.025 acres
and is located in the north ast comer of the south tract of land. These two (2) areas of
acquisition are more particularly described in the.attached Exhibit S and depicted in the attached
Exhibit C(the"Right-of-Way Propeny");
WHEREAS, the City made an offer to Meijcr to purchase the Right-of-Way Property
required by Ind. Code § 32-24-1-5 pursuant to the Uniform Property or Easement Acquisition
Offer("City's Offer');
WHEREAS,Meijer rejected the City's Offer,
WHEREAS,on August 11,2017, the City filed(the"Lawsuit")against Meijcr and U.S.
Bank captioned City of Carmel n. Aleyer Stores Limited Partnership, a Michigmt Limited
Partnership, and U.S. Bank Natiornal ffssociation and R. Jason Fry, Trustees,Hamilton County
Superior Court,Cause No. 29D0W 708-PL-007530,to condemn the Right-of-Way Property and
alleged that it was necessary to acquire the Right-of-Way Property to complete the Project;and
MWEREAS, to avoid the expense, risk and uncertainty of litigation, the Parties have
agreed to make full and complete settlement of all actual or potential claims betwccu tlicm:
NOW,THEREFORE,in consideration of the promises and covenants set forth herein and
the acts done or to be done pursuant to this Agreement,the Parties hereto now agree as follows:
1. Paymcnt. Within 30 days of mutual execution and delivery of this Agreement,
the Warranty Deed referenced in section 3 of this Agreement and the fourth partial release of
mortgage referenced in section 5 of this Agreement, Carmel,shall pay Meijer Thirty-Four
flnousand Eight Hundred Fifty Dollars(53c1,850 00) n full and final settlement of this matter.
2. Dismissal of the Lawsuit. The.Lawsuit shall be dismissed with prejudice in its
entirety. The Parties, through their respective counsel, shall execute a stipulation of dismissal
with prejudice for filing with the Court within ten (10) days of Defendants' receipt of the
Payment referenced in section I of this Agreement.
3. Warranty Deed. Simultaneously with the Parties' execution of this Agreement,
Meijer shall execute a Warranty Deed conveying and granting to Carmel the Right-of-Way
Property in the form of Exhibit D attached hereto.
4. Partial Release of Mortgage, Prior to the Parties' execution of this Agreement.
Meijer shall provide Carmel with a fourth Partial Release of Mortgage releasing the Right-of-
Way Property in the form of Exhibit E attached hereto and executed by U.S. Bank National
Association.
5. Compromise. It is understood and agreed that this Agreement is a compromise
of disputed claims and that the terms of this Agreement are not to be construed as an admission
of liability on the part of any Party hereto.
G. Acknowledgement. Each Party warrants and represents that in executing this
Agreement, it has relied upon legal advice from the attorney of its choice(or had the opportunity
to consult with counsel relating to the temps of this Agreement);that the terms of this Agreement
have been read and its consequences (including risks, complications, contingencies and costs)
have been completely explained to it; and that each Party fully understands the terms of this
Agreement. Each Party further acknowledges and represents that in executing this Agreemetn, it
has not relied upon any indhhccments,promises,or representations made by any other Party other
than those set forth herein.
7. Assignment. Each of the covenants contained in this Aereentent shall be binding
upon and shall inure to the benefit of the Parties and their respective agents, officers; directors,
employees,shareholders,members,partners,servants, attorneys, affiliates,parents,subsidiaries,
assigns,successors,predecessors,representatives,and insurers.
S. 1i3. eryer. This Agreement represents the entire agreement between the Parties,
and there are no additional written or oral agreements between the Partics. The above recitals
are incorporated herein and form an integral part of this Agreement.
9. Construction. The Parties hereto agree that they and their attorneys have each
reviewed this Agreement and that the normal rules of construction to the CMct that any
ambiguities are to be resolved against the drafting Party or Parties shall not be employed in the
interpretation of this Agreement.
10. Waiver Ineffective. No waiver, modification or amendment of any term,
condition or provision of this Agreement shall be valid or have any force or effect unless made in
writing and signed by all Parties.
11. Choicc of Lair and Venue. This Agreement is entered into and shall be
construed and interpreted in accordance with the laws of the State of Indiana. The Parties
irrevocably consent to the exclusive jurisdiction and venue in the courts of the State of Indiana,
Hamilton County, or the United States District for the Southern District of Indiana, and
irrevocably waive any and all objections to such consents.
13. Severability. The invalidity or unenforceability of any provision of this
Agrcenicnt shall not affect nor render invalid or unetiforeeablc any other provision. It is
understood and agreed that no mistake of law or mistake of fact shall constitute a basis for
rescission or reformation or render any portion of this Agreement void or voidable.
14. Effective Date. This Agreement shall become effective upon the execution of the
Agreement by all Parties.
15. Counterparts. This Agrccmcnt may be executed in duplicate counterparts,each
of which shall be deemed an original and all of which collectively shall constitute one and the
same instrument. Facsimile or .pdf signatures on any documents dclivered by a Party shall be
treated for all purposes as original signatures.
IN WITNESS WHEREOF,the undersigned have caused this Settlement Agreement and
Release to be executed.
CITY OF CARMEL, u�4���i ry%�'1 �e�•Ii c��
SUBSCRIBED and SWORN to
J Before me this n day of ,2017.
i
Printed: i& 140-- tfJ ,(' -n 1'h• t�
Notary Public, SvNq r n m. k V:P
Title: #1141 0,� � C ,*r�i`�►o.� /�K��re�,�L"uly�toL��t�
i 'u`C,'�'1�k�71iC TUe� �hrti��1 W. � .I�YIC�1Ct��
MEIJER STORES LIMITED PARTNERSHIP,A MICHIGAN LIMITED PARTNERSHIP
ByLNeiijerEGc. ' General Partner
SU13SCRlBED and SWORN to
$y:
Before me this '•day of ,2017.
Printed:_ WH i� �v1 �E �i` L , '1
1 Notary Public
Title: ►SGS l J t' �,(; ' nH t�A M.MAZUR= ._..
Hatcy Pua•7:,Ottawa Ca,ttt
ACing to Kent Co..MJ
My Corarss"ExpUes:9/?t2o22
END OF DOCUMENT ,
LL pavtta,rp .
�'fir: t•i
,J�: y' tallr• � � NOW
/1� - t �Mlf fret
twell
Acta -Rwrimbboot
�Weer.
o+«aw„�ul.atf�osia _• _�� . lamfaa
7HIS WDEMURE VWTKSSRK that MEIJER DiBTRfeU XK WC, a
UhN9se MPN&tbn tVltffifof 2929 Wslkat Averon.N.W.,f3rend RDplda.Kant
va oo�roldn Patz a d i l Wn #fObn of Om DOW(81=1 fad OWI,oDod frld
hereby
CONVEY AND WARt7ANT t W or vBTORES PAe ART HiP�a Mmoon
kr ted padnership. of 2920 Wdker Averva, N.W.. ow4 Rapk% K",canny.
WMOsn 19544(`araMee•).the Wowtrl0 daK ftd teal fatale b;*d in the My of
CarrtrW,HaMtbn County.4tdtane:
(SEE ATTACHED Emimr A FOR LEGAL DESCRPTKMI
topelher vitt a1 tananf M. herodkarunts,appurtonsni easoment&bW kW and
hPavmmnts Umtata.BUBIECTTO:(al asi cavenerb.MDFVS*,aptanenb,egtdr.
and resrrk""et mord,and apadOsOy"611 In en Udw*Am d Nlortoapa and
GWi � b � �tary.-kana
Reactor.Md(blan apt� d py
7"tutde11120ed piston valy ft Wt dead represents and w9fto an bdoN
Of the On nlar,fmat fine Underalpnod It a dq slWad-oiler of the Ownlor end hes
beezi aidOd"nm dtbieCpn;p*rmAla ftorbyUMWMaltheamrdor,bONCWO
aorpvwm in ow tfen"In the am*of
Its erigh td,vier;regalrod.In ft Meta vrhem the suboa reel 02416(a Awft drat
ft Grudor has L41 corporate aapsrlly b awm the real fatale despudt end Blet d
114ca"aly oDrprrata ocean fat the MONA9 of"s omwayufG has been duly Ulten,
!A1. 44/ l•►cher se•r•e•t/�( tr s�rnei i►•;nute l hn•�i
lA iad 3.8 jre*lat.lr•►arm talks,/event.ae•r/w1 N esl�►e it+`a ...,
M Cattw•i / l9CDeeDSt27t• rutiLpw Gert r. lr/I•u atev�/•.
-t.
r..,"'-/l ID(IrStNltaptrp{f
EXHIBITA ,
Prior IncUurunt rotalan0a: Qowimm Na 05-ot5t1 el Neaslan County,
lndutna Racotds.
GRANTOR REPREBENT11 THAT THME 13 NO INOUNA GROSS INCOME T'AX
OURANO WMNG Ari A RFJULT OF THIO CONVEYANCE.
IN WITNESS WHEREOF. Graft has cawed WA Carparata Oiled v be
IXOMod as of the 301h day of January,2000.
MEIJER OISTRIBU110N,INC.
Jo snsan
na Vioo Pdint Raaf Idol,
STATEOFM ICtIlGAN )
I as;
CO LeM OF KENT t
Before ma, a Nolary Pubtk in and for said Counly and Stole. Rmonaly
appauad JaM S.Ataphsruon,the Vko PmMont•Rsal Estals of Mslst Okkibulioe.
Ine.,a Md9gsn eoq*mtbn,who acknmWmVad ssawuon of thst Woch+g deed rw
and on bahatf oe said carpwa0o0,and wbo,having been dtdy sworn,allW suit the
let7ressrttalr'ons thardn eontatned are true
Wilnass my hand and seal thin • D dry of dPUS+" .2000.
Pomela Pstton lfolpnun
Notary f'ubtic,Kortl Ce_MI" n v` '�
fTasWent of Kant GL.Mt �` Q
My comnleston aapi m D�
Agoull 3.am
DRAFTED BY ANO WHEN RECORDED ACBE 116th Focco ist iA lfOrf
Sllgjlltl to lilltt a abitfl
RETURN ro: �da�N
Robert O.Cook,Ahomay r 29.v
292gWAer,NW, A.it1;6&Xk iter
Gtsnd Rapids.M1 495" Peat� �
larbn tlla(s15Yr1M�hmQ
3
EIQRIMT A
(Te Cmpotate Dead fico Mater DbMdon.Inc..as Grantor,to timer Storrs I.1re0ad
Parmstship.se Grantaat
PARCEL®
PaR Of the 6ou*kwl Quartet of the SoWfsad Qrarwr oi Racoon 28.Towrabip 18
Nonh.Renee 3 East In Hsmteon County, irWtana,rota padiodady do ,ib d as
loliowe:
Commencing at the Southwosf eatner of said Quarhl Quartet Section.thence Waarg
the South kna Oramot North 88 dogmas 40 nitmrtsa 4t secoads Esd(aeswred
beeft135.0t foot to a poW on the Easterly tight of way tea of Pormsylvanta Street
the dedIcsom of pab0c right of way at wtrkh woo recorded Orcelmber Q.ME In Sack 4
an pages 687 Ituough 101 In the Office d the Roosrder of ltsntlbn County,tndians:
wbkh saki point Is the Point of BegInnIag(tho next tout OOursa are abng said
dedication aT putilic dghl of wayy 111 @tense North 00 degrees 10 M Ms 01 seconds
West 200.47 tact to a-pabrl on the Southerty 112114 of way tree lor t28er Stroal;121
Moto Noah 89 degran 64 murutas 47 sward East 115lsa teal to a sures halving e
ndtus of 766.5t teat.the radius Pohl of which boors South 00 degrees 05 rtrhulos 17
seconds East:131 thence Easterly obpg said curve 475.88 tat to a point which burs
North 35 degrees 23 n*wies 31 s000mds Esq from Bald radio point:(41 therms South
54 degleas$6 minutes 29 sewMs East 76.34 fast to a point an the South tie of said
Owdat Quaver Sectian which beare North 88 degteas 40 minutes 41 sownds East
824.92 foot from dx point of begun ing;thence along mid South line South 88 degrees
40 minutes 41 seconds West 524.92 tail to W Paint of eeptmhg, C*nWahg+W sg*
mow oesao.more or ices.
PARCEL&
Pad of the Southwest Quarter of the Somhaast Quarlat at Section 29.Township 18
North, Range 3 East In Hsmlron County, Indise4 mora pardoulady desatead as
fob":
Convnencing at the HoMwesteamst of said OuMt Quarter Section wbtrh said aomv
been NOM 00 degeos 10 mhrdea 07 Wanda West 1320.50 fad from the Southwest
tartlet of said Gradar Ouou er Sadlon;thence along the Nosh Ike Orateor Nodh as
dogmas 45 minules 1T seconds Ent(assumed baa ftl 36.01 feet to a point on the
Esstedy right ofway tine at Pannsytiania Street,the dedieatIon of pubic right at way of
wNch,was retarded December P.IM to Book 4 on pages 697 through 70t in the
OMiae e1 the Recorder of Hsmhon County.Ino nun.which sold point Is the Point of
Beglnntep;Ihm=continua along said North Fns North 86 degrees 4e ninuku t7
seconds East MON foot to the MoMasat comet of said Quarter Quadat 8.%Olor4_
thence along Uro East Una of sold Ouadat Qusder Section South 00 dogmas 04
Mnotes 27 see ands East 50s,77 feet to a petit on the amtor lira of U.S.31 tW1
1pa.rim n>D(I115ncMphmp
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0o om souma 1t)oug"do lc plod fol waif 19400'010L If f3 CPJM f t0 SOPUP
OL !11661)00 4e09 (1204 MW qef tM"I9N1S tlVf IA=wd Plff 10 048 69M
A I46P ARM83 W41 Yo WN m 01IM WILL LtmM 4pJMI lY f@VMW 1911901601)62
'Arco oouM ld:R Wd Onlpu Ppm 1i7OMl imfM fp00ef0 Cl f M01 g0 t9W6fP OD 4V0N
ff99a 40NOP+Wd f al Immf(HPLC4 WAIF»on 61019 i410"gm"14911 lx)utero fpuwjf
It 0pnu4W CZ NfuOUP 5C 4IMpS 111804 VOW P IUPC If"041'1499{ !2'81910
VVW It E94AN GUM i a ICA MIlL ItIM IMM 6Z"PJIW OC G*QAOP 1S'ION
v= 41(1)jfut A->o It&Ra"u1*mn03jag Ixou 911)AfM j0 p&wKnd to
vlImnIpP Rom to sun Ree 10IYOp SaWON to u9 P400 t 0)MM WIN suM fp49co01
ZIP SmUNP 94 foa+ll"99 41"S 04 iolufo qn 61011 wu214:11 MIS uo6MpfW)
;'e
j Project: 1500444 Shoot I of 3
I Parcel: 1 Fee Simple
S Form; WD-I
i� Tax ID No.; 29-09-26-OOG415,000-018
A part of the Southwest Quarter of the Southeast Quarter of Section 26,Township 18
! 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 amched Right-of-Wap Parcel Plat marked as
Exhibit"B",described as follows: Commencing at the southwest corner of said quarter section,
said comer being designated as point "504" on said pareel plat; thence North 89 degrees Ol
minute 35 seconds East 676.95 feet along the south line of said section to the prolonged
northwestern boundary of Old Meridian Street;thence North 35 degrees 46 minutes 51 seconds
East 89.68 feet along the prolonged boundary of said Old Meridian Street to where the
i north%wem boundary of Old Meridian Street meets the northeastern boundary of Carmel Drive,
I' which is the point of beginning of this description; tbence North 54 degrees 13 minutes 09
seconds West 89.47 feet (90.04 feet deduced from Instrument #2001000IO582) along the
l boundary of said Carmel Drive; thmce along said boundary Northwesterly 64,94 feet along an
arc to the left having a radius of 86851 feet and sublended by a long chord having a bearing of
North 56 degrees 21 minutes 40 seconds West and a length of 64.92 feet to point"800" as
designated on said parcel plat;thence North 85 degrees 40 minutes 28 seconds East 33.46 feet to
i
point"801"as designated on said parcel plat; thence South 64 degrees 49 minutes 05 seconds
East 59.09 feet to point "802"as designated on said parcel plat; thence North 79 degrees 04
minutes 49 seconds East 101.05 feet to the northwestam boundary of Old Meridian Street at
point"803"as designated on said parcel plat;thence South 35 degrees 46 minutes 51 seconds
West 105.00 feet along the boundary of said Old Meridian Street to the point of beginning and
containing 0.148 acres,more or less.
1
t
t
EXHIBIT B
Project: 1500444 Sheet 2 of 3
Parcel: I Fee Simple
Form: WD-1
Tax IDNo,: 29-09-2b-000-015,000-018
This description was prepared from informad0o obtained from the Recorder's Office and
other sources which were not necessarily checked by a field survey and has been prepared for the
City of Carmel,Hamilton County,Indiana,Land Acquisition,
T 1*..1 t`Ill,ltrt y
G. under my hand an cal
wl
c ( L8a1•Y5`I�ii {Y r
11 t Aaron T.Fattley
STATE Or 77
Indiana Registered Land Surveyor
�',���-q !�t' I;'�5?F`•_�G�'�.�1 License Number 20700097
g4J,Q S ul�v'
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Project: 1500444 Sheet 3 of 3
Parcel. IA Fee Simple
Forst: WD-1
Tax ID No.: 29.09-26.000-015,000-018
A part of the Southwest Quarter of the Southeast Quarter of Section 26.Township 18
North,Range 3 East,Hamilton County, Indiana,and being that part of the grantor's land lyiog
within the rigbt•of--way lines depicted on the attached Right-of-Way Parcel Plat marked as
Exhibit "B", described as follows: Beginning at a point on the south line of said section North
89 degrees 01 minute 35 seconds East 659.71 feet from the southwest comer of said quarter
section, said comer being designated as point "504"on said parcel plat, and which point of
beginning is the east comer of the grantor's land;thence South 89 deg=01 minute 35 seconds
West 50A7 feet along ibe south line of said section; thence North 10 degrees 21 minutes 26
i seconds West 43.59 fat to the southwestem boundary of Carmel Drive at point "806"
designated on said parcel plat;thence South 54 degrees 13 minutes 09 seconds East 71.86 feet
along the boundary of said Carmel Drive to the point of beginning and containing 0.025 acres,
more or lass.
This description was prepared from information obtained from the Recorder's Office and
other sources which were not necessarily checked by afield surrey and has beenpreparcd for the
City of Carmel,Hamilton County,Indiana,Land Acquisition,
tl,trurrrq, �
••r i, r GiriLer
yhand and seal
Aaron 7.Fateley
`•,f/ .�,, q Indiana Registered Land Surveyor
License Number 20700097
ri411tt
oo{
i RIGHT-OF-WAY PARCEL PLAT SHEET OF2
INorthwest Comes PREPAREO FOR THE CITY OF CARAW-HAMILTON COUNTY,INCM
Ir SWI/4, SEI/4 BYC -111INC.tJOBHO.16807)
1 See. 26-TItiN.-R3E. t.252,41' `�. 128.6i -
I,f23 79' �* 77.50'
t 1,295.04'
r.
1 tY
200' 100 105.78 ` 73:1y�3'
• K
I � _ fss• `� 1i �
C EQNonevatusive Sanitary sewer tsm't *?• `�
1 ac 5CALE 1'■400 M favor of Terre Carmel East. LLL --
Instrument No. 2088411258 d rr
1 ®15' Drainage & Utility Eem•1 F I Noneidusive Access Esm't t�O1 Qty
Tn n a10
1 in lavor'of City of Cormel Instrument No. 2048011257 & c c x�
+ j Book 2, pope 357 Nonexclusive UWity Esni l » $3 sdr
1 ` y 20' Nonexclusive Utility Es-n t Instrument No. 2008411258 & • 2ulvr
r j W In favor of Terre Carmel East. LLC Storm Drainage Easement
a Instrument No. 2008011258 Instrument No. 2008011259 K
t D�Sonttory Sewer Easement oil in favor of Terre Carmel East. LLC
in favor of City of Cormel U 15' Telephone Easement
r l Book 2, poge 357 in favor of Indiana Bd1 Telephone Co. ri
I r Book 4. page 457
! B 1 GNonexclusive Access Esm't
1. In favor of Terre Carmel East• LLC
CP p Instrument No. 2008011257 i
v+ ' a 256.59' a)Noneaciuslve Access Esm'1
p DI 41 11' In favor of EEC Corms? Meijer Stares s, LLC
a r _r a Instrument No. 2013066717 i If
o tt g 0 crosswalk Easement �3
1 I 1d In favor of Meijer Stores. LP
Instrument No, 2015035059 4,r"
ii ► 83 QK NonerCIU3ive Electric tfldily Esm't y� �r
2t2.27 '+� - 52.39' in favor ai P51 Energy ? r
1 I) instrument Na. 9403146 .P i
1 N Ol`:85• Q Sewer Easement in
r r c 0\6 v favor of City of Carmel 4
r I S Lot 1 a Book 2, Page 362 ca *�r
B C C4' �•
+ 36.00.+: r D H _CARMEL DRIVE SHOPPES Avi
L r f CABINET 4, PLIDE 492
.3 61.40 S is
i� 3 tg• 23.16' 00 r FaJ
.�
A- r,
11b.99' 111 G �O 2 r
Q1 `r
.---1t� 116.85' a 53�8p• r�
1.•. �.�,r. p'S86' � R ly R 1N i
1"+ r
t J S L Bas
{
?-
624.92' A@`` `ham 5ourheosl Corner
t?o5 % cR` , Sy11/4• SEI/4
Sac. 2E-I18M-R.3_.
QA NOnexetuswe Storm fond Emil a✓�ry? y i `�`
p 1 - # on loror a1 Penn Cade. LLC
i h r In.lrument Ila 2011055622
PARCEL 1 OWNER. M6UER STORES LIMITED PARTNERSHIP DES.NO.: 1500444
PROJECT.' 1500444 DRAWN BY: C.J.N. 11/11/16
t ROAD:. CARYU DRNE CHECKED BY: ATF..
COUNTY. UV41L7ON
SECTION: 16 HATCHEO AREA IS THE INSTRUMENT N0. 100100010581 10/10/1000
TOWNSHIP. 18 N. APPROXIMATE TAMRG 067RUMEAfI•N0. 1007069689 10/11/1D07
3 RANGE: 3 F ® INSTRUMENT W. 1008011154 1/1411008
INSTRUMENT N0. 1011066715 10/09/1011
' ourrrpOrLt tarowr�racer rre MtriB unto Rteafm ooclarlrrrs
i
EXHIBIT C
SHEET 2 OF2
' PARCEL COORDINATE CHART(shown in feet)
Point Center lne Stallon Offset NOMIng Easting
*504
X700 'A'
*701 A'
*703 A'
1 *704 'A' k 7
t
*705 A'
*710 r
800 A 13+25,00 ExR1Y(50.W 11.)1 1720563.6715 191761,7661
801 A 13+5000 70.00'Ll. 1710566.1954 1917M.1341
j 801 A 144-05.00 80.00' l L 1720541.0525 191848.6101
803 8 11+55.00 &RW(50.00'Lt.) 17105605741 191949,7975
805 8 84-84.00 67.W LL 1710350.6615 1917775561
806 A 23+90.00 EXM50.W Rl.) 1710444.3591 191760.4320
NOTE: STATIONS&OFFSETS CONTROL OVER BOTH NORTH
&EAST COORDINATES AND BEARINGS&DISTANCES.
'SEE LOCATION CONTROL ROUTE SURVEY.
I
j SURVEYORS 5TAIM7
To the best a/my knowledge and belie/, /his p/ol, together wilh the 'locolion Control Route
Survey'recorded as Instrument Na. 1016003641 in the Office o/ the Recorder of Hamilton
County, Indiana, (mcorporoled herein and mode o port hereof by reference)comprise a Route
Survey executed in accordance wrlh Indiana AdmNlslrolive Cade 865 14C 1-12, (Ruk 11).
r
t 1J�OV'�Y `,tl%ltlnlrrrrrr/
Aaron T. falcley Dale
Professional Surveyor /lo. 10700097 _ e No. 10100091
Stole at fndrono - S1ATE OF '
3939 AULLERSMLE ROAD {'
IHDWAPDLIS,IN01ANA162D5 4,
PHONF-317SI6-1599 SU�v
FAX:317.546.2522 ,�rrrrrrrrrrtlrl�`�,
CERTIF1ED@CERT1F IEDERGIIIEERIpG.ILE I
PARCEL: 1 OWNER: IdEVER STORES UIIITED PARTNERSHIP DES.NO.- 15A9444
PROJECT: 1500444 DRAWN BY: CJ.H. 11/21/(6
ROAD: WMEL DRIVE CHECKED BY. AI.F.
COUNTY: PAM ION
SECTION: 25
TOWNSHIP: 18 N
RANGE: 31. ENCUMBERS KEY NO 29-09-16-000-015,000-018
s
DULY ENTERED FOR TAXATION 2017053320 WD $25.00
Subject to final acceptance of transfer 10/27/2017 10:32:24AM 8 PGS
NKC 27th day of October 2017-ALC Jennifer Hayden
y Hamilton AudtorofHardonCount Recorded asuPresentednty der IN
Parcel#RIW 1111111111111II 11111111111111111111111111111111111111111111111
WARRANTY DEED
Project: Carmel Dr.&Old Meridian St
Project Number: 15-18
DES Number: 1500444
Parcel: I
THIS INDENTURE WITNESSETH, that Meijer Stores Limited Partnership, the Grantor, of
Kent County, State of Michigan conveys and warrants to the CITY OF CARMEL, INDIANA, the
Grantee, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable
consideration, the receipt of which is hereby acknowledged, certain real estate situated in the County of
Hamilton,State of Indiana,and being more particularly described in the legal description attached hereto
as Exhibit A and depicted upon Exhibit B attached hereto,both of which exhibits are incorporated herein
by reference(the"Real Estate").
This conveyance is subject to any and all easements,conditions and restrictions of record.
The Grantor hereby specifically acknowledges and agrees that the Real Estate conveyed
herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the
Grantor, or any successors in title to the abutting lands of the Grantor, notwithstanding any subsequent
abandonment,vacation,disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee
or its successors in title, of a portion or all of the said Real Estate or any right of way, roadway or
roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant
running with the land and shall be binding upon the Grantor and all successors and assigns.
The undersigned represents and warrants that she is the Senior Vice President of Meijer
Group, Inc., the General Partner of the Grantor; that Grantor is a limited partnership validly
existing in the State of its origin and, where required, in the State where the subject real estate is situated;
that Grantor has full capacity to convey the real estate interest described; that pursuant to the Grantor's
governing documents he/she has full authority to execute and deliver this Warranty Deed on its behalf and
that said authority has not been revoked; that he/she is therefore, fully authorized and empowered to
convey the real estate to Grantee, and that on the date of execution of this Warranty Deed he/she had full
authority to so act;and that all necessary action for the making of this conveyance has been duly taken.
The undersigned represents and warrants that no consent of any third party, including but not
limited to mortgagees, lenders, landlords, tenants, partners, members, managers, shareholders or joint
venturers,isrequired for the valid and binding execution and delivery of this Warranty Deed.
EXEMPT FROM
SALES DISCLOSURES
PE
The Grantor assumes and agrees to pay(i) all unpaid real estate taxes and assessments, including
those for the 2016 payable 2017 real estate taxes and assessments on the Real Estate, and (ii) that portion
of the real estate taxes and assessments assessed against the Real Estate and due for 2017 payable 2018
that are applicable to the Real Estate for the period January 1,2017 through the date of this Warranty Deed.
This obligation to pay such real estate taxes and assessments shall survive the execution of this Warranty
Deed and the closing of the Real Estate and shall be enforceable by Grantee in the event of any non-
payment of such real estate taxes and assessments.
IN WITNESS WHEREOF,thesaid Grantorhasexecuted this instrument this�day of
do:4� r ,2017.
MEIJER STORES LIMITED PARTNERSHIP
By:Meijer Group,Inc.,its General Partner
By: rl
Printe . Julie Croll
Title:Senior Vice President
Legal
Bus.
2
NOTARY'S CERTIFICATE
STATE OF MICHIGAN )
SS:
COUNTY OF KENT )
Before me,a Notary Public in and for said State and County,personally appeared Julie Croll,the Senior
Vice President of Meijer Group, Inc., a Michigan corporation, on behalf of said corporation,for
and as the act of the General Partner of the Grantor in the above conveyance, and acknowledged the
execution of the same on the date aforesaid on behalf of Grantor.
04—
Witness my hand and notarial seal this 0 day of ,c-,� 2017.
s' Notary Public
ANUUA
NaW Put&,txtavra Gm.N
t r AMg In Kent Ca,MI
Printed Name
My Commission Expires: My County of Residence:
0 A+��z A cl,t e. ,ti 'ken- Co.,Vk I
This instrument was prepared by Tammy K.Slaney,Keller Macaluso,760 31 Avenue S W,Suite 210
Carmel,IN 46032
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each and every Social
Security number from this document,unless it is required by law.Tammy K.Haney
Grantee Mailing Address:
One Civic Square
Carmel,Indiana 46032
3
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t
EXHIBIT A
i
Project: 1500444 Sheet 1 of 3
Parcel. 1 Fee Simple
i Form: WD-1
}
Tax ID No.: 29-09-26-000-015.000-019
A art of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18
p Q Q P
i 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 as
Exhibit"B",described as follows: Commencing at the southwest corner of said quarter section,
said corner being designated as point "504" on said parcel plat; thence North 89 degrees 01
k minute 35 seconds East 676.95 feet along the south line of said section to the prolonged
northwestern boundary of Old Meridian Street;thence North 35 degrees 46 minutes 51 seconds
East 89.68 feet along the prolonged boundary of said Old Meridian Street to where the
E
northwestern boundary ofOld Meridian Street meets the northeastern boundary of Carmel Drive,
which is the point of beginning of this description: thence North 54 degrees 13 minutes 09
seconds West 89.47 feet (90.04 feet deduced from Instrument #200100010582) along the
boundary of said Carmel Drive;thence along said boundary Northwesterly 64.94 feet along an
arc to the left having a radius of 868.51 feet and subtended by a long chord having a bearing of
North 56 degrees 2I minutes 40 seconds West and a length of 64.92 feet to point "800" as
designated on said parcel plat;thence North 85 degrees 40 minutes 28 seconds East 33.46 feet to
i
point"801"as designated on said parcel plat;thence South 64 degrees 49 minutes 05 seconds
East 59.09 feet to point "802" as designated on said parcel plat; thence North 79 degrees 04
j minutes 49 seconds East 103.05 feet to the northwestern boundary of Old Meridian Street-at
point "803"as designated on said parcel plat; thence South 35 degrees 46 minutes 51 seconds
West 105.00 feet along the boundary of said Old Meridian Street to the point of beginning and
containing 0.148 acres,more or less.
s
...... ...........
I
Project: 1500444 sheet 2 of 3
Parcel: 1 Fee Simple
Form: WD-1
Tax M No.: 24409-26-000-015.000-018
! This description was prepared from information obtained from the Recorder's Office and
other sources which were not necessarily checked by a field survey and has been prepared for the
t City of Carmel,Hamilton County,Indiana,Land Acquisition
;
i
=:}_-1. T; Gi en under my nd andsealNG
ISS 1.f; _r. 1 =
{ Aaron T. Fateley
1 1i STATE OF
� =' Indiana Registered Land Surveyor
I'AIDLicense Number 20700057
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Project: 1500444 Sheet 3 of 3
Parcel: 1A Fee Simple
i Form: WD-1
! Tax ID No.: 29-09-26-000-015.000.018
1
3 A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18
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 as
Exhibit "B", described as follows: Beginning at a point on the south line of said section North
89 degrees 01 minute 35 seconds East 659.71 feat from the southwest corner of said quarter
' section, said corner being designated as point "504" on said parcel plat, and which point of
beginning is the east conger of the grantor's land;thence South 89 degrees 01 minute 35 seconds
West 50.47 feet along the south line of said section; thence North 10 degrees 21 minutes 26
l seconds West 43.59 feet to the southwestern boundary of Carmel Drive at point "806"
designated on said parcel plat; thence South 54 degrees 13 minutes 09 seconds East 71.86 feet
along the boundary of said Carmel Drive to the point of beginning and containing 0.025 acres,
more or less.
This description was prepared from information obtained from the Recorder's Office and
other sources which were not necessarily checked by a field survey and has been prepared for the
City of Carmel,Hamilton County,Indiana,Land Acquisition.
ti1111SitiffF1///,,
Gi n under my hand and seal
� c �.rC} Cs• ---
S1 p;i :OFF° Aaron 7.Fateley
Indiana Registered Land Surveyor
`:y}"f. - a�"�`�•` License Number 20700097
` EXHIBIT B
RIGHT-OF-WAY PARCEL PLAT SHEErIOF2
Northwest Corner PREPARED FOR THE CITY OF CARMEL.HAMILTON COUNTY, INDIANA
SWI 4, SEI/4 BYCERIMFO ENGINEERING.INC.(JOB NO,16807)
I Sec/26• -TIBN.-R3E. 1.252.41'
35.01' 1,123.79 ` ` 128.61' 77.50'
'
1,295.04'
I - 73.43'
tt)ri.78'
I a 200' 400' n
Z Nonexclusive Sanitary Sewer Esm't �Qi'• c Q
j SCALE., 1"=200' in favor of Terre Carmel Eos[, LLC
I a Instrument No. 2008011258 Oto L
j 2 I&i5' Drainage & Utlily Esm't Nonexclusive Access Esm't SDt� in n a° to
I > in favor of City of Cormel Instrument No. 2008011257 & c o `�
j Book 2, page 357 Nonexclusive Utility Esm'( a a N 03 0
1 Z QC 20' Nonexclusive Utility Esm't Instrument No. 2008011258 &
w in favor of Terre Carmel East, LLC Storm Drainage Easement
I a. instrument No, 2008011258 Instrument No. 2008011259 K
! ( 0 Sonitory Sewer Easement all in favor of Terre Carmel East. LLC
i i 70' in favor of C;(y of Carmel C}15' Telephone Eosement
i
I Book 2. page 3511 in favor of Indiana Bell Telephone Co.
i
I Book 4, page 457
i 8 1 J Q Nonexclusive Access £sm'(
in favor of Terre Cormel East, LLC
I Q, Instrument No. 20080117.57
b I o' 256.59' UI Nonexclusive Access Esm'I ,' aOF
of in favor of EEC Carmel Meijer Slores If. LLC 00
ir I o 47.54' p Instfumont No. 2013066717
I a t( QJ Crosswalk Easement
I t 1d in favor of Meijer Stores, LP f
Instrument No. 20150350594x"
r gSKDNonexciusive Electric Utility Esm't
52.39' in favor of PSI Energy z0' •�
I 212.27' 1Ia 85 Instrument No. 9403146
LD
Ott 'v Sewer Easement in
favor of City of Carmel ,
I i r= 50 Lot 1 a Book 2, page 362
B C O O
{ 35.00 J I F ti _CARMEL DRIVE SHOPPES
! j 323 43 61.40' CABINET 4, SLIDE 492 Asx
-43.t b' p0 .� r� 00
� 116.99' LW
A'
-Q � �p"� `•�F' i
cD
n 116.85'
M ` 41$8&' qo R
I M O n r` d
I O N
L 8066
i
t
! I 624.92' > �� /1 Southeast Corner
SWI/4. 5E1/4
Sec. 26-11814.-R3E.
j I QNonexciusive Storm fond Es 't Q�
pI w I in favor of Penn Circle. LLC e
t ; rn in
No. 2011055622
PARCEL: 1 OWNER: MEIJER STORES LIMITED PARTNERSHIP DES.NO.: 1500444
PROJECT: 15004444 DRAWN BY: C.J.H. 11122116
i ROAD: CARMEL DRIVE CHECKED BY: AT.f.
COUNTY.' H Ml11TON
SECTION; 26 HATCHED AREA IS THE INSTRUMENT NO. 200100010582 1012012000
TOWNSHIP: 18 N. AP?ROXIMATETAttlNG INSTRUMENT NO. 2007069689 1011112007
RANGE: 3 L INSTRUMENT NO, 2008011254 112412008
INSTRUMENT NO. 2013066715 1010912013
' DRtENSIONS SNCMNARE FROM THE ABD•JE LISTED RECDRD DOcWheNrs
...................,................
_...,................ .. ..
' SHEET*2 OF
PARCEL COORDINATE CHART(shown in feet)
Point Centerfine Station Offset Northing Easting
X504
*700 "A" ------
*701 'A"
*703 'A"
*704 'A' & "br
*705 "A"
I *710
800 A 23+25.00 ExRW(50.00- Lt.) 1720563.6715 191761.7661
801 A 23+50.00 7000' It 1720566.1954 191795.130
602 A 24+05.00 80.00' I L 1720541.0525 191848.6102
j 803 8 11+55.00 ExRW(50.00' Lt.) 1720560.5742 191949.7975
I 805 8 8+84.00 67.00' LL 1720350.6625 191777.5561
806 A 23+90.00 &RIY(5000' RI) 1720444.3591 191760.4320
t
i
NOTE: STATIONS&OFFSETS CONTROL OVER BOTH NORTH
&EAST COORDINATES AND BEARINGS&DISTANCES.
*SEE LOCATION CONTROL ROUTE SURVEY.
SURVEYORS STATEMENT
To the best of my knowledge.and bebef, this plot, together with the "Location Control Route
Survey" recorded as Instrument No. 2016003642 in the Office of the Recorder of NamNon
County, Indiana, (incorporoled herein and made a part hereof by reference) comprise o Route
Survey executed in accordance with Indiana Adminisfrative Code 865 14C 1-12, (Rule 12).
`���11Sfl11rrr�r�r
Aoron T. Foteley Date
Professional Surveyor 1116. 20700097 N0. 2010007 _-
State of Indian =. STATE OF '
3939 MILLERSInLLE ROAD = '•
1NPIANAPOLIS,INDWNA46205A�'�NL1
PHONE:317.54&15&9 Q .........
�
FAX:317-646-2599 '""In
CERTIFIED ICERTIFlEDENGINEERING.NET
PARCEL: l OWNER: 41EIJER STORES LIMITED PARTNERSHIP DES.NO.: 1500444
PROJECT: 1500444 DRAWN BY: C.J.M. 11/22/16
ROAD: CARMEL ORII/E CHECKED BY: AT.F.
COUNTY: HQ117ON
SECTION: 25
TOWNSHIP: 18 N.
RANGE: 3 E ENCUMBERS KEY NO. 29-09-26-000-015.000-018
. ......................... .. ........ ......... ................................................................._..._..._....
2017053319 PREL $25.00
10/27/2017 10:32:24AM 19 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
1111111111111111111111111111111111111111111111111111111111111111111111
FOURTH PARTIAL RELEASE OF INDENTURE OF MORTGAGE
THIS FOURTH PARTIAL RELEASE OF INDENTURE OF MORTGAGE is entered
into as of the And day of ( filer , 2017, by U.S. BANK NATIONAL ASSOCIATION,
Successor Corporate Trustee, and R. JASON FRY, Successor Individual Trustee (collectively,
the "Trustees") both having an address at 40 Pearl Street NW, Suite 838, Grand Rapids,
Michigan 49503, and MEIJER STORES LIMITED PARTNERSHIP, successor in interest to
Meijer, Inc. (the "Company"), a Michigan corporation, of 2929 Walker Avenue, N.W., Grand
Rapids,Michigan 49544.
WITNESSETH:
A. Michigan National Bank and Gordon Wesholski, as trustees, and Meijer, Inc.
entered into a certain Indenture of Mortgage and Security Agreement dated as of January 1, 1995,
and recorded on January 25, 1995 at Instrument No. 95-02877 of Hamilton County, Indiana
Records, as amended by an Assumption Agreement by Meijer Stores Limited Partnership for the
benefit of Michigan National Bank and Gordon Wesholski, as trustees, dated as of January 30,
2000 and recorded on March 2, 2001 at Instrument No. 200100010583, of Hamilton County,
Indiana Records, as amended by a First Partial Discharge of Indenture of Mortgage dated as of
October 10, 2007 and recorded on October 31, 2007 at Instrument No. 2007061649,of Hamilton
County, Indiana Records, as further amended by Second Partial Release of Indenture of Mortgage
dated January 23, 2008 and recorded on March 3, 2008 at Instrument No. 2008011255 of
Hamilton County, Indiana Records, and as also further amended by Third Partial Release of
Indenture of Mortgage, dated October 9, 2013, recorded October 11, 2013 at Instrument No.
2013063489, Hamilton County, Indiana Records (the "Mortgage"), encumbering that certain
real property and improvements located in the Hamilton County, Indiana, and more particularly
described on the attached Exhibit A (the "Mortgaged Property"). U.S. Bank National
Association, is the successor to Michigan National Bank as Corporate Trustee. R. Jason Fry is
the successor to Gordon Wesholski,as Individual Trustee.
B. The Company has agreed to convey a 0.148-acre parcel and a 0.025-acre parcel
(the "Release Parcels") to the City of Carmel, Indiana (the "City") in anticipation that the
Company's interest in the property would otherwise be taken under the power of eminent
domain. The Release Parcels comprise portions of Carmel Drive and Old Meridian Street and
-1-
#130
are situated in the southeast corner of the mortgaged property. The property is being acquired in
conjunction with the City's"Carmel Dr.&Old Meridian Street"roundabout project.
C. In connection with the conveyance to the City, and pursuant to Section 3.19 of the
Mortgage, the Company has requested the Trustees, and the Trustees have agreed to release from
the Mortgage the 0.148-acre and 0.025-acre portions of the Mortgaged Property described on the
attached Exhibit B.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements
contained herein, and other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged,the parties agree as follows:
1. The Trustees hereby release the Release Parcels from the Mortgage. The
description of the Mortgaged Property as defined above (described in Exhibit A attached hereto),
is hereby amended to exclude the Release Parcels. The amended mortgage description is set
forth on the attached Exhibit C (the "Amended Mortgaged Property"). The Company
represents and warrants to the Trustees that the Amended Mortgaged Property constitutes the
Mortgaged Property less the Release Parcels. The configuration of the Release Parcels and the
Amended Mortgaged Property is shown on the attached Exhibit D.
2. Pursuant to Paragraph 3.19 of the Mortgage,the Company represents and warrants
to the Trustees that after conveyance of the Release Parcels, the Mortgaged Property will: (i)
constitute an integrated economic unit including sufficient parking and containing easements for
all necessary and required utilities, (ii) be a contiguous parcel of land without gap or hiatus, (iii)
have adequate access to and from public highways, and (iv) not be in violation of any law,
ordinance,rule or regulation or any restrictive covenant or other agreement applicable thereto.
3. Except as specifically set forth above, the Mortgage is hereby in all respects
ratified and confirmed and shall remain in full force and effect as to the Amended Mortgaged
Property. Nothing contained herein shall affect or be.construed to affect the lien, charge or
encumbrance of the Mortgage as to the Amended Mortgaged Property, or the priority of the
Mortgage over other liens, charges or encumbrances, or to release or affect the liability of any
party or parties who may now or hereafter be liable under or on account of the Mortgage.
[The remainder of this page is intentionally left blank]
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#130
IN WITNESS WHEREOF, the parties have executed this Fourth Partial Release of
Indenture of Mortgage as of the date first set forth above.
U.S.Bank National Association,
Successor Corporate Trustee
By:
R. Jason Fry
Its: Vice President
STATE OF MICHIGAN )
SS
COUNTY OF KENT )
The foregoing Fourth Partial Release of Indenture of Mortgage was acknowledged before
me this 2nd day of October , 2017,by R. Jason Fry, the Vice President of U.S. Bank
National Association, Successor Corporate Trustee, a national banking association, for and on
behalf of the bank,as Corporate Trustee.
l� $
ary"Ptitschko Notary Public
State of Michigan,,County of Kent
` My commission expires: 9/12/2022
Acting in the county of Kent
t 11�
CM4 ofK i ZO92
At"In-ths County otof
R.Jaso ry,Succor Individual Trustee
STATE OF MICHIGAN )
SS
COUNTY OF KENT )
The foregoing Fourth Partial Release of Indenture of Mortgage was acknowledged before
me this 2nd day of October ,2017,by R.Jason Fry,as Successor Individual Trustee.
Maryl tsc o Notary Public
- State of Michigan, County of Kent
MARYUH PUTSCHKO My commission expires: 9/12/2022
Notary Puma-Stott of mcmpn Acting in the county of Kent
County of Kent
my Commission Expires Sep 12,2022
Acting in the County of 4�►�
#130
MEIJER STORES LIMITED PARTNERSHIP
By: Meijer Group, Inc., neral Partner
By: rl��
J to Croll
Its: Se or Vice President
STATE OF MICHIGAN }
SS
COUNTY OF KENT )
The foregoing Fourth Partial Release of Indenture of Mortgage was acknowledged before
me this ��day of , 2017, by Julie Croll, the Senior Vice President of
Meijer Group, Inc., a Michigan corporation, on behalf of said corporation, for and as the act of
the General Partner of Meijer Stores Limited Partnership,a Michigan limited partnership.
_ - �. ;: P-3otary Public
State of Michigan:, County of
• My commission expires:
.. Acting in the county of
r'
=ErA M.MAZUREK
Nobuy Pu01im Ottawa Co.,LN
Acting In Kent Ca.,MI
My Commission Sxptres;8/ZMM
PREPARED BY AND WHEN
RECORDED RETURN TO:
W.H.Allen Shelden, Esq.
Meijer-Legal Department
2929 Walker Ave.,N.W.
Grand Rapids,MI 49544
(616)249-6496
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each and every Social
Security number from this document,unless it is required by law. Sean T. White
Intpl;'onestop.meijer.com7egaLrtm/rerRE Sites/130 Camtel 1N(CARaTinancing/dth Pattia Release—RO to City;nth Partial Release.doc
-4-
#130
EXHIBIT A
Current Mortgaged Property
PARCEL A:
Part of the Southwest Quarter of the Southeast Quarter of Section 26,Township 18 North,Range
3 East in Hamilton County, Indiana,more particularly described as follows:
Commencing at the Southwest corner of said Quarter Quarter Section; thence along the South
line thereof North 88 degrees 40 minutes 41 seconds East(assumed bearing)35.01 feet to a point
on the Easterly right of way line of Pennsylvania Street, the dedication of public right of way of
which was recorded December 9, 1986 in Book 4 on pages 697 thru 70I in the Office of the
Recorder of Hamilton County, Indiana, which said point is the Point of Beginning (the next four
courses are along said dedication of public right of way); (1)thence North 00 degrees 10 minutes
07 seconds West 200.47 feet to a point on the Southerly right of way line for 126th Street; (2)
thence North 89 degrees 54 minutes 47 seconds East 116.85 feet to a curve having a radius of
768.51 feet, the radius point of which bears South 00 degrees 05 minutes 13 seconds East; (3)
thence Easterly along said curve 475.88 feet to a point which bears North 35 degrees 23 minutes
31 seconds East from said radius point; (4) thence South 54 degrees 36 minutes 29 seconds East
76.34 feet to a point on the South line of said Quarter Quarter Section which bears North 88
degrees 40 minutes 41 seconds East 624.92 feet from the point of beginning; thence along said
South line South 88 degrees 40 minutes 41 seconds West 624.92 feet to the Point of Beginning.
Containing 2.08 gross acres,more or less.
PARCEL B:
Part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North,Range
3 East in Hamilton County,Indiana,more particularly described as follows:
Commencing at the Northwest corner of said Quarter Quarter Section which said corner bears
North 00 degrees 10 minutes 07 seconds West 1320.50 feet from the Southwest corner of said
Quarter Quarter Section; thence along the North line thereof North 88 degrees 45 minutes 17
seconds East (assumed bearing) 35.01 feet to a point on the Easterly right of way line of
Pennsylvania Street, the dedication of public right of way of which was recorded December 9,
1986 in Book 4 on pages 697 thru 701 in the Office of the Recorder of Hamilton County,
Indiana, which said point is the Point of Beginning; thence continue along said North line North
88 degrees 45 minutes 17 seconds East 1295.04 feet to the Northeast corner of said Quarter
Quarter Section; thence along the East line of said Quarter Quarter Section South 00 degrees 04
minutes 27 seconds East 505.77 feet to a point on the center line of U.S. 31 (old) (Meridian
Street); thence along said center line South 35 degrees 23 minutes 42 seconds West 961.49 feet
to a point on the Northerly right of way line of said dedication of public right of way (the next
four courses are along said right of way line); (1)thence North 54 degrees 36 minutes 29 seconds
West 140.04 feet to a curve having a radius of 868.51 feet,the radius point of which bears South
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35,degrees 23 minutes 31 seconds West; (2) thence Westerly along said curve 537.80 feet to a
point which bears North 00 degrees 05 minutes 13 seconds West from said radius point; (3)
thence South 89 degrees 54 minutes 47 seconds West 116.99 feet to a point on the Easterly right
of way line of said Pennsylvania Street which said point bears South 00 degrees 10 minutes 07
seconds East 1019.99 feet from the point of beginning; (4) thence North 00 degrees 10 minutes
07 seconds West 1019.99 feet to the Point of Beginning. Containing 29.91 acres,more or less.
Excepting therefrom the following described four(4)parcels:
Exception Parcel 1
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North,
Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land Iying
within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked Exhibit
"B", described as follows: Beginning on the north line of said quarter-quarter section North 88
degrees 44 minutes 51 seconds East 1123.79 feet from the northwest comer of said quarter-
quarter section, said beginning point designated "205" on said Plat; thence continuing North 88
degrees 44 minutes 51 seconds East 128.61 feet along said north line to point designated
"211" on said Plat; thence Southeasterly 105.78 feet along an arc to the left having a radius of
750.00 feet and subtended by a long chord having a bearing of South 47 degrees 15 minutes
11 seconds East and a length of 105.69 feet to the east line of said quarter-quarter section at point
designated "210" on said Plat; thence South 0 degrees 06 minutes 16 seconds East 124.05 feet
along said east line to point designated "207" on said Plat; thence North 55 degrees 13 minutes
50 seconds West 19.44 feet to point designated"206" on said Plat; thence Northwesterly 264.42
feet along an arc to the right having a radius of 850.00 feet and subtended by a long chord
having a bearing of North 46 degrees 19 minutes 06 seconds West and a length of 263.36 feet to
the point of beginning and containing 0.449 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 12th day of June, 2007.
This description was written from information obtained from the Recorder's Office and other
sources which were not necessarily checked by a field survey.
Exception Parcel 2
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North,
Range 3 East in Hamilton County, Indiana, described as follows: Beginning on the north line
of said quarter-quarter section North 88 degrees 44 minutes 51 seconds East 1252.41 feet
from the northwest corner of said quarter-quarter section: thence continuing North 88
degrees 44 minutes 51 seconds East 77.50 feet along said north line to the east line of said
quarter-quarter section; thence South 0 degrees 06 minutes 16 seconds East 73:43 feet along said
east line; thence Northwesterly 105.78 feet along an arc to the right having a radius of
750.00 feet and subtended by a long chord having a bearing of North 47 degrees 15 minutes 11
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seconds West and a length of 105.69 feet to the point of beginning and containing 0.068 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 12`h day of June, 2007.
Exception Parcel 3
Part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North, Range
3 East in Hamilton County, Indiana,more particularly described as follows:
Commencing at the Southwest Corner of the Southwest Quarter of the Southeast Quarter of
Section 26, Township 18 North, Range 3 East; thence on the west line of the Southwest Quarter
of said Southeast Quarter North 00 degrees 10 minutes 07 seconds West assumed bearing 398.13
feet; thence North 89 degrees 54 minutes 48 seconds East 35.00 feet to the east right of way line
of Pennsylvania Street per Instrument No. 8627981 and the point of beginning of this description;
thence on said east right of way line North 00 degrees 10 minutes 07 seconds West 170.53 feet;
thence North 89 degrees 49 minutes 53 seconds East 212.27 feet; thence South 76 degrees 12
minutes 15 seconds East 118.85 feet; thence North 88 degrees 47 minutes 45 seconds East 52.39
feet; thence South 00 degrees 10 minutes 07 seconds East 145.44 feet to a tangent curve with a
radius of 200.00 feet and a central angle of 17 degrees 35 minutes 24 seconds; thence on the arc
of said curve 61.40 feet having a chord bearing South 08 degrees 37 minutes 35 seconds West
61.16 feet; thence South 17 degrees 25 minutes 17 seconds West 23.16 feet; thence North 76
degrees 59 minutes 17 seconds West 373.49 feet to the point of beginning, containing 1.79 acres,
more or less.
Exception Parcel 4
Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second Principal
Meridian, Clay Township, Hamilton County,Indiana, described as follows:
Commencing at A Harrison monument marking the Southwest corner of the Southeast Quarter of
Section 26, Township 18 North, Range 3 East, Second Principal Meridian, Clay Township,
Hamilton County, Indiana; thence North 00 degrees 10 minutes 07 seconds West (assumed
bearing) a distance of 396.18 feet on the West line of said Southeast Quarter; thence North 89
degrees 54 minutes 48 seconds East 35.00 feet to the Southwest corner of Lot 1 of Carmel Drive
Shoppes, recorded as Instrument No. 2008046083 in Plat Cabinet 4, Slide 492 in the Office of
the Recorder of Hamilton County, Indiana, said corner being marked by a 5/8" diameter rebar
with red "Miller" cap; thence North 00 degrees 10 minutes 07 seconds West 170.53 feet on the
West line of said Lot 1 to the Northwest corner thereof, as marked by a 5/8" diameter rebar with
red "Miller" cap, said corner being the POINT OF BEGINNING; thence continuing North 00
degrees 10 minutes 07 seconds West 190.00 feet parallel with the West line of said Southeast
Quarter to a 5/8" diameter rebar with cap marked "WEIHE ENGR 0012"; thence North 57
degrees 37 minutes 04 seconds East 41.14 feet to a 5/8" diameter rebar with cap marked
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#130
"WEIHE ENGR 0012; thence North 88 degrees 37 minutes 47 seconds East 256.59 feet to a
MAG nail; thence South 01 degree 07 minutes 37 seconds East 238.00 feet to a Northerly line of
said Lot 1; the following two (2) courses are on the Northerly lines of said Lot 1; 1.) thence
North 76 degrees 12 minutes 15 seconds West 85.58 feet; 2.)thence South 89 degrees 49 minutes
53 seconds West 212.27 feet to the POINT OF BEGINNING, containing 1.453 acres, more or
less.
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#130
EXHIBIT B
Release Parcels
29DOI-9 708-PL-007530 Filed:811//2017 2:33 PM
Tammy Saitz
Hamilton Superior Court 1 Clerk
Hamilton County,Indiana
Project: 1500444 Sheet 1 of 3
Parcel: I Fee Simple
Form: WD-1
Tax 1D No.: 29-09-26-000-015.000-018
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18
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 as
Exhibit "B",described as follows: Commencing at the southwest comer of said quarter section,
said corner being designated as point "504" on said parcel plat; thence North 89 degrees 01
minute 35 seconds East 676.95 feet along the south line of said section to the prolonged
northwestern boundary of Old Meridian Street; thence North 35 degrees 46 minutes 51 seconds
East 89.68 feet along the prolonged boundary of said Old Meridian Street to where the
northwestern boundary of Old Meridian Street meets the northeastern boundary of Carmel Drive,
which is the point of beginning of this description: thence North 54 degrees 13 minutes 09
seconds West 89.47 feet (90.04 feet deduced from Instrument #200100010582) along the
boundary of said Carmel Drive; thence along said boundary Northwesterly 64.94 feet along an
are to the left having a radius of$68.51 feet and subtended by a long chord having a bearing of
North 56 degrees 21 minutes 40 seconds West and a length of 64.92 feet to point "800" as
designated on said parcel plat; thence North 85 degrees 40 minutes 28 seconds East 33.46 feet to
point "801" as designated on said parcel plat; thence South 64 degrees 49 minutes 05 seconds
East 59.09 feet to point "802" as designated on said parcel plat; thence North 74 degrees 04
minutes 49 seconds hast 103.05 feet to the northwestern boundary of Old Meridian Street at
point "803"as designated on said parcel plat; thence South 35 degrees 46 minutes 51 seconds
West 105.00 feet along the boundary of said Old Meridian Street to the point of beginning and
containing 0.148 acres,more or less.
-9-
#130
Project: 1500444 Sheet 2 of 3
Parcel: I Fee Simple
Forni: WD-I
Tax ID No.: 29-09-26-000-015.000-018
This description was prepared from information obtained from the Recorder's Office and
other sources which were not necessarily checked by a field survey and has been prepared for the.
City of Carmel,Hamilton County,Indiana, Land Acquisition.
ito
..
. .. .... h
G' nunder my and eal
11
Aaron T. Fateley
T NIF 1717i=
Indiana Registered Land Surveyor
U 1A License Number 20700097
s
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#130
Project: 1500444 Sheet 3 of 3
Parcel: 1A Fee Simple
Foran: WD-1
Tax ID No.: 29-09-26-000-015.000-018
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18
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 as
Exhibit "B", described as follows: Beginning at a point on the south line of said section North
89 degrees 01 minute 35 seconds East 659.71 feet from the southwest corner of said quarter
section, said corner being designated as point "504" on said parcel plat, and which point of
beginning is the cast corner of the grantor's land;thence South 89 degrees 01 minute 35 seconds
West 50.47 feet along the south line of said section; thence North 10 degrees 21 minutes 26
seconds West 43.59 feet to the southwestern boundary of Carmel Drive at point 11806"
designated on said parcel plat; thence South 54 degrees 13 minutes 09 seconds East 71.86 feet
along the boundary of said Carmel Drive to the point of beginning and containing 0.025 acres,
more or less.
This description was prepared from information obtained from the Recorder's Office and
other sources which were not necessarily checked by a Feld survey and has been prepared for the
City of Cannel,Hamilton County,Indiana, Land Acquisition.
'j' Gicn under my hand and seal 1
Aaron T. Fateley _ l
Indiana Registered Land Surveyor
.fir''••., 1 ., ',��•.
License Number 20700097
+fff�if�1J.'tEFiSllll����``l
#130
29D01-1708-PL-007530 Filed:811112017 2.33 PM
Tammy Baltz
Hann q'<NJ&loTC61 'i Clerk
{
RIGHT-OF-WAY PARCEL PIAT sH1 �"6p`�'�r Indiana
Northwest Cornet PREPARED FOR THE CITYOF CARMEL.HAMILTON COUNTY, INDIANA
i
SWT/4, S:11/4 BY CERTIFIED ENGINEERING,INC.(JOB No.78807)
I Sec. 26-T15N,-R3,:, 1,:352.41'
I
...._.._ .. - _— 73 43*
0' 20U 400' 105.78' 1ui
` P ! NOrexGFusive Sanitary Sewer Esm't r" �o�a
1 a 1 SCALE: 1"=200• in favor of Terre Carmel Ecrst, ECC U
l Q y Insfrurnent No. 1'0'08011255 ate F, � �
j z LF1 1„' 0roinoge do Utility Esm•E nJonexuu•i're Access Esm'1 5 n c r ti
i j in favor of City of Ce:rno Instrument No. 2008011257 &c
3 Book 2, page 357 Norer.clusive Utility Esm't v n ay a
f z 1t-�20' Nonexciusive Utllii;v F.sm't Instrument No. 200801'258 8: I z'� n
LJ ir. favor of Terre Co,r^el Eost, LLC Sterm Drolnoge Lcsement �;� �
I 0. Instrument No. 2008011253 Instrument No. 2008CM259 CK
0 Sonitory Server Eosernent all in favor of Terre Carmel Ecst. LLC
I 7D' in rover or Cily c! Ccrnei �(j lY' Tniepnone f,asement
r`
t- Book Z. page 3557 in !ever o` Ineiono Bell 1 lephane Co.
I Sock 4, pogo 457 ;
NonexClusive. Access Esm't
1 in lovor of Terre Cormc! Eosl, LLC
at7 Instrument No. 20.080112.57 i
1 0:
b! _; 256.59' Q Nonexclusive Access Esrri t
o i I S 41.14 in lovor of EEC Carmel Meijer Stores h. Lr C % "J
N I I o ir:strumcnt No 2013065717 /
"I i o c( O �jCrosswalk Cosernent 00• i
I I T Q�fj r7 in fuvru Di Meijer Stores, LP to
I - ^ 1r,suu:nel:t Eto. 2^virr035039
j gg53 &Nonexclus:ve t:Iectric Utility l.:m't
52.39' in favor of P51 Energy
2.27 i Ifa� _� Instrument No. 940.:1,16 .%!, ;
�1� S Q Seiner Easement in �er� %' f�Q
+ 1 t(1 d favor c` City e: Cermet ; u
Lot 1 It I Book 2, Page 362
SS.UUIT I f L J� .—CARMEL CRIVC SHWKS
YCA31NE1 4, SLIDE 492
j 373. 00
03
4
1 1:6.85"le
NJ r/
jari c fC>
jai r
t
1rn n n `n/ C,
I `
l ►- 624.9 ) � � /1 Soutneosl Coiner-,
Qi Sw;J14.
! �i 1 /A,t4an_xclusive 5terrri dent+
t
I in rover a! Penn Ctrcte, LLC
s r Instrument No. '011055622
PARCEL: I OWNER: MEIJER STORES LIM17FD PARTNERSHIP DES.NO.: 1500444
PROJECT: 1500444 DRAWN 8Y: C.,/R. 11122/16
ROAD: CARIAEL DRIVE CHECKED BY. AT.F.
COUNTY: -HA ikTON
SECTION: 26 HATCHED AREA IS THE INSTRUMENT AD. 200100010582 1012012000
TOWNSHIP_ 16 N APPROXIMATE TAKING INSTRUMENT N0. 2007069689 10/11/,?007
RANGE: 5 E. ® INS1RUMENT N0. 2008011254 1/24/200£
INSl'RUM£NT NU 201,3066715 10109/,7013
77 DIMENSIONS SHOWN ARE FROM THE ASM USTED RECORD aoCL.E g_
-AZ'
#130
PARCEL. COORDINATE CHART(shown in feet)
Point Genterline Station Offset Northing Easting
*504
*700 "A"
701 "A"
X703 A"
*704 A" & 08"
$705 °A"
*770 "e"
800 A 23+25.00 ExRW(50 00' L t.) 172056J.6715 191761.7661
801 A 23+50.00 7000' 1t. 1 1720566.1954 191795.1348
802 A 24405.00 80.00' L f. 1720541,0525 191848,6102'
803 B 11+55.00 EXFW(50,00' Lt.) 1720560.5742 191949.7975
805 8 8184.00 67.00' 11. 1720350,6625 191777.5551
806 A 23490.00 apm(50.00' Rt.) 1720444.3591 191760.4320
NOTE. STATIONS&OFFSETS CONTROL OVER BOTH NORTH
&EAST COORDINATES AND BEARINGS&DISTANCES,
"SEE LOCATION CONTROL ROUTE SURVEY.
SURIfYORS STAtEUENT
To the best of my knovrledge and belief, this plot, together with the "Locotrbn Contra! Rodte
Survey" recorded as Instrument No. 2016003642 in the Oftice of the Recorder of Hamillon
County, Indiana, (incorporated herein and mode a part hereof by reference) comprise a Raule
Survey executed in accordance with Lrtdiono Administrative Code 665 MC 1-•12, (Rule 12).
`\��Nt n oslNry�
F
r
Aaron 1: Fotei y — _ Date
Prafessionof Surveyor No. 20700097` (.1Q 2iD7001997 . _
State of Indiana -
3939 MILLERSVILLE ROAD �TATE OF
INDIANAPOLIS,INDIANA 46205
r
PhiE1NE:3i7-546 1599 URS \:�'
FAX:317-546.2599 rrr+r+r S ��`
CERTIFIED@CERTIFIEDENG114ECrU NG.NET
PARCEL: 1 OWNER. 1,10JER STORES LIMITED PARTNERSHIP DES.NO.: 1500444
PROJECT: 1500444 DRAWN BY: CJ.fL 11/22/16
ROAD: UIRWL DR114E CHECKED BY: J?1'.F
COUNTY: HWILTON.
SECTION: 26
TOWNSHIP. 18 N.
RANGE: 3 t; ENCOMBERS IfEY N19. 79 09-2o Gk YJ Lit5,i41U-018
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#130
EXHIBIT C
Amended Mortizalzed Property
PARCEL A:
Part of the Southwest Quarter of the Southeast Quarter of Section 26,Township 18 North, Range
3 East in Hamilton County,Indiana,more particularly described as follows:
Commencing at the Southwest corner of said Quarter Quarter Section; thence along the South
line thereof North 88 degrees 40 minutes 41 seconds East(assumed bearing) 35.01 feet to a point
on the Easterly right of way line of Pennsylvania Street, the dedication of public right of way of
which was recorded December 9, 1986 in Book 4 on pages 697 thru 701 in the Office of the
Recorder of Hamilton County, Indiana, which said point is the Point of Beginning (the next four
courses are along said dedication of public right of way); (1)thence North 00 degrees 10 minutes
07 seconds West 200.47 feet to a point on the Southerly right of way line for 126th Street; (2)
thence North 89 degrees 54 minutes 47 seconds East 116.85 feet to a curve having a radius of
768.51 feet, the radius point of which bears South 00 degrees 05 minutes 13 seconds East; (3)
thence Easterly along said curve 475.88 feet to a point which bears North 35 degrees 23 minutes
31 seconds East from said radius point; (4) thence South 54 degrees 36 minutes 29 seconds East
76.34 feet to a point on the South line of said Quarter Quarter Section which bears North 88
degrees 40 minutes 41 seconds East 624.92 feet from the point of beginning; thence along said
South line South 88 degrees 40 minutes 41 seconds West 624.92 feet to the Point of Beginning.
Containing 2.08 gross acres,more or less.
PARCEL B:
Part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North, Range
3 East in Hamilton County, Indiana,more particularly described as follows:
Commencing at the Northwest corner of said Quarter Quarter Section which said corner bears
North 00 degrees 10 minutes 07 seconds West 1320.50 feet from the Southwest corner of said
Quarter Quarter Section; thence along the North line thereof North 88 degrees 45 minutes 17
seconds East (assumed bearing) 35.01 feet to a point on the Easterly right of way line of
Pennsylvania Street, the dedication of public right of way of which was recorded December 9,
1986 in Book 4 on pages 697 thru 701 in the Office of the Recorder of Hamilton County,
Indiana, which said point is the Point of Beginning; thence continue along said North line North
88 degrees 45 minutes 17 seconds East 1295.04 feet to the Northeast corner of said Quarter
Quarter Section; thence along the East line of said Quarter Quarter Section South 00 degrees 04
minutes 27 seconds East 505.77 feet to a point on the center line of U.S. 31 (old) (Meridian
Street); thence along said center line South 35 degrees 23 minutes 42 seconds West 961.49 feet
to a point on the Northerly right of way line of said dedication of public right of way (the next
four courses are along said right of way line); (1)thence North 54 degrees 36 minutes 29 seconds
West 140.04 feet to a curve having a radius of 868.51 feet, the radius point of which bears South
-14-
4130
35 degrees 23 minutes 31 seconds West; (2) thence Westerly along said curve 537.80 feet to a
point which bears North 00 degrees 05 minutes 13 seconds West from said radius point; (3)
thence South 89 degrees 54 minutes 47 seconds West 116.99 feet to a point on the Easterly right
of way line of said Pennsylvania Street which said point bears South 00 degrees 10 minutes 07
seconds East 1019.99 feet from the point of beginning; (4) thence North 00 degrees 10 minutes
07 seconds West 1019.99 feet to the Point of Beginning. Containing 29.91 acres,more or less.
Excepting therefrom the following described six(6)parcels:
Exception Parcel 1
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North,
Range 3 East in 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: Beginning on the north line of said quarter-quarter section
North 88 degrees 44 minutes 51 seconds East 1123.79 feet from the northwest comer of said
quarter-quarter section, said beginning point designated "205" on said Plat; thence continuing
North 88 degrees 44 minutes 51 seconds East 128.61 feet along said north line to point
designated "211" on said Plat; thence Southeasterly 105.78 feet along an are to the left having a
radius of 750.00 feet and subtended by a long chord having a bearing of South 47 degrees 15
minutes 11 seconds East and a length of 105.69 feet to the east line of said quarter-quarter
section at point designated "210" on said Plat; thence South 0 degrees 06 minutes 16 seconds
East 124.05 feet along said east line to point designated "207" on said Plat; thence North 55
degrees 13 minutes 50 seconds West 19.44 feet to point designated "206" on said Plat; thence
Northwesterly 264.42 feet along an arc to the right having a radius of 850.00 feet and
subtended by a long chord having a bearing of North 46 degrees 19 minutes 06 seconds West and
a length of 263.36 feet to the point of beginning and containing 0.449 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 12th day of June,2007.
This description was written from information obtained from the Recorder's Office and other
sources which were not necessarily checked by a field survey.
Exception Parcel 2
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North,
Range 3 East in Hamilton County, Indiana, described as follows: Beginning on the north
line of said quarter-quarter section North 88 degrees 44 minutes 51 seconds East 1252.41
feet from the northwest corner of said quarter-quarter section: thence continuing North 88
degrees 44 minutes 51 seconds East 77.50 feet along said north line to the east line of said
quarter-quarter section;thence South 0 degrees 06 minutes 16 seconds East 73.43 feet along said
east line; thence Northwesterly 105.78 feet along an arc to the right having a radius of
750.00 feet and subtended by a long chord having a bearing of North 47 degrees 15 minutes 11
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seconds West and a length of 105.69 feet to the point of beginning and containing 0,068 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 12th day of June,2007.
Exception Parcel 3
Part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 North, Range
3 East in Hamilton County,Indiana,more particularly described as follows:
Commencing at the Southwest Corner of the Southwest Quarter of the Southeast Quarter of
Section 26, Township 18 North, Range 3 East; thence on the west line of the Southwest Quarter
of said Southeast Quarter North 00 degrees 10 minutes 07 seconds West assumed bearing 398.13
feet; thence North 89 degrees 54 minutes 48 seconds East 35.00 feet to the east right of way line
of Pennsylvania Street per Instrument No. 8627981 and the point of beginning of this
description; thence on said east right of way line North 00 degrees 10 minutes 07 seconds West
170.53 feet; thence North 89 degrees 49 minutes 53 seconds East 212.27 feet; thence South 76
degrees 12 minutes 15 seconds East 118.85 feet; thence North 88 degrees 47 minutes 45 seconds
East 52.39 feet; thence South 00 degrees 10 minutes 07 seconds East 145.44 feet to a tangent
curve with a radius of 200.00 feet and a central angle of 17 degrees 35 minutes 24 seconds;
thence on the are of said curve 61.40 feet having a chord bearing South 08 degrees 37 minutes 35
seconds West 61.16 feet; thence South 17 degrees 25 minutes 17 seconds West 23.16 feet; thence
North 76 degrees 59 minutes 17 seconds West 373.49 feet to the point of beginning, containing
1.79 acres, more or less.
Exception Parcel 4
Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second Principal
Meridian, Clay Township,Hamilton County, Indiana,described as follows:-
Commencing at A Harrison monument marking the Southwest corner of the Southeast Quarter of
Section 26, Township 18 North, Range 3 East, Second Principal Meridian, Clay Township,
Hamilton County, Indiana; thence North 00 degrees 10 minutes 07 seconds West (assumed
bearing) a distance of 396.18 feet on the West line of said Southeast Quarter; thence North 89
degrees 54 minutes 48 seconds East 35.00 feet to the Southwest corner of Lot 1 of Carmel Drive .
Shoppes, recorded as Instrument No. 2008046083 in Plat Cabinet 4, Slide 492 in the Office of
the Recorder of Hamilton County, Indiana, said corner being marked by a 5/8" diameter rebar
with red "Miller" cap; thence North 00 degrees 10 minutes 07 seconds West 170.53 feet on the
West line of said Lot 1 to the Northwest corner thereof, as marked by a 5/8" diameter rebar with
red "Miller" cap, said corner being the POINT OF BEGINNING; thence continuing North 00
degrees 10 minutes 07 seconds West 190.00 feet parallel with the West line of said Southeast
Quarter to a 5/8" diameter rebar with cap marked "WEIHE ENGR 0012"; thence North 57
degrees 37 minutes 04 seconds East 41.14 feet to a 5/8" diameter rebar with cap marked
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"WEIHE ENGR 0012; thence North 88 degrees 37 minutes 47 seconds East 256.59 feet to a
MAG nail; thence South 01 degree 07 minutes 37 seconds East 238.00 feet to a Northerly line of
said Lot 1; the following two (2) courses are on the Northerly lines of said Lot 1; 1.) thence
North 76 degrees 12 minutes 15 seconds West 85.58 feet;2.)thence South 89 degrees 49 minutes
53 seconds West 212.27 feet to the POINT OF BEGINNING, containing 1.453 acres, more or
less.
Exception Parcel 5
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 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 as Exhibit "B",
described as follows: Commencing at the southwest corner of said quarter section, said corner
being designated as point "504" on said parcel plat; thence North 89 degrees 01 minutes 35
seconds East 676.95 feet along the south line of said section to the prolonged northwestern
boundary of Old Meridian Street;thence North 35 degrees 46 minutes 51 seconds East 89.68 feet
along the prolonged boundary of said Old Meridian Street to where the northwestern boundary of
Old Meridian Street meets the northeastern boundary of Carmel Drive, which point is the point
of beginning of this description; thence North 54 degrees 13 minutes 09 seconds West 89.47 feet
(90.04 feet deduced from Instrument 4200100010582) along the boundary of said Carmel Drive;
thence along said boundary Northwesterly 64.94 feet along an arc to the left having a radius of
868.51 feet and subtended by a long chord having a bearing of North 56 degrees 21 minutes 40
seconds West and a length of 64.92 feet to point "800" as designated on said parcel plat; thence
North 85 degrees 40 minutes 28 seconds East 33.46 feet to point "801" as designated on said
parcel plat; thence South 64 degrees 49 minutes 05 seconds East 59.09 feet to point "802" as
designated on said parcel plat; thence North 79 degrees 04 minutes 49 seconds East 103.05 feet
to the northwestern boundary of Old Meridian Street at point "803" as designated on said parcel
plat;thence South 35 degrees 46 minutes 51 seconds West 105.00 feet along the boundary of said
Old Meridian Street to the point of beginning and containing 0.148 acres,more or less.
This description was prepared from information obtained from the Recorder's Office and other
sources which were not necessary checked by a field survey and has been prepared for the City of
Carmel, Hamilton County, Indiana, Land Acquisition, by Aaron T. Fateley, Indiana Registered
Land Surveyor, License Number 20700097.
Exception Parcel 6
A part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 18 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 as Exhibit "B",
described as follows: Beginning at a point on the south line of said section North 89 degrees 01
minute 35 seconds East 659.71 feet from the southwest corner of said quarter section, said corner
being designated as point "504" on said parcel plat, and which point of beginning is the east
corner of said grantor's land; thence South 89 degrees 01 minute 35 seconds West 50.47 feet
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along the south line of said section; thence North 10 degrees 21 minutes 26 seconds West 43.59
feet to the southwestern boundary of Carmel Drive at point "806" designated on said parcel plat;
thence South 54 degrees 13 minutes 09 seconds East 71.86 feet along the boundary of said
Carmel Drive to the point of beginning and containing 0.025 acres,more or less.
This description was prepared from information obtained from the Recorder's Office and other
sources which were not necessary checked by a field survey and has been prepared for the City of
Carmel, Hamilton County, Indiana, Land Acquisition, by Aaron T. Fateley, Indiana Registered
Land Surveyor,License Number 20700097.
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EXHIBIT D
29D01-1708-PL-007530 P'ded:&11120172:
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RIGHT-OF-WAY PARCEL PLAT $Nfff1r6ff1y,Ir
NorthweE; Cvne,PREPARED FOR TIDE CITY OF CARMEL,HAMILTON COUNTY,INDIANA
Sw'1/4, SE`/4 BY CERTMED;NGINEERING,MG.(JOB NO.16807)
25-IIVN.-R3E. 1,252.41' IN, v S:E.61'
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PARCEL: 1 OWNER NEVER S70RCS LIWV PARTNERSHIP OES.NO.: 1500444
PROJECT: 1500444 DRAWN SY: C.J.P. 11/22/16
ROAD: CARMEL DRIVE CHECKED BY: AT.F.
COUNTY: I0MTON
SECTION: 26 HATCHED AREA IS TME 1NSTRUGENT M. 20010001+0562 10/20/2000
TOWNSHIP: 18 N. APPROKMTE TAKING INSTRUMENT NO. 2007069689 10/11/2007
RANGE: 3 INSTRUMENT N0. 2008011254 112412008
INSTRU1Ae T N0. 2013064715 10109/200
OWENgONB SNMhN ARE FROM 1ME ABOVE IISiEORSO011000CUYEN75
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