HomeMy WebLinkAboutCC-02-07-00-02 Payment ROWResolution No. CC-02-07-00-02
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CAtUvlEL,
INDIANA APPROVING PAYMENT OF RIGHT OF WAY
WHEREAS, pursuant to Article III, Section 3.01 (b) of the Trust Indenture by and
among the City of Carmel Redevelopment Authority and Fifth Third Bank of Central
Indiana, dated as of August 1, 1997, approval by the Common Council is required prior
to payments from the Construction Fund therein described upon p~esentation of
architect's or engineer' s certificates of work completed and materials furnished;
WHEREAS, Hall, Render, Killian, Heath & Lyman has presented the closing
statement, easement agreement & warranty deed as attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of ti~e City of
Carmel, Indiana, that the Right of Way Payment Requisition hereby approved for
payment from the Construction Fund described in the above-referenced Trust Indenture.
'7 day
PASSED by the Common Council of the Cit of Carmel, Indiana this
of V'~kxva_~ 2000 by a vote of [c~ ayes and ~ nays.
COMMON COUNCIL OF THE CITY OF CARME ~A
': ~cer _ .- ', _ __l.- ~
; { r, Preside'~ ~ '
' R ~t~~ N.L. Rundie
er /
Wayne Wilson
_)
ATTEST:
Diana L. Cordray, '~-Treasurer C
P~s,~;~2Z me to the Mayor of the City of Carmel, Indiana the day of
· ~ ,2000. ~
Diana L. Cordray, IAMC, C1 urer
Approv..ed by me, Mayor of the City of Carreel, Indiana, this f day of
/~7¢~-~7' ,2000.
J rainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, urer
EXHIBIT A
PAYMENT REQUISITION NO. 83
PAYEE
A1V[OUNT
DUE'
CHARACTER OF EXPENDITURE
1. Check payable to:
OP&F Indianapolis, LLC
Send Check to: City of Carmel
Attn: Clerk Treasurer
1 Civic Square
Carmel, IN 46032
2. Check payable to:
OP&F Indianapolis, LLC
Send Check to: City of Carmel
Attn: Clerk Treasurer
1 Civic Square
Carmel, IN 46032
3. Check payable to:
Paul E. Reifeis and Elizabeth Barney Reifeis
Send Check to: City of Carmel
Attn: Clerk Treasurer
1 Civic Square
Carmel, IN 46032
$56,748.00
$101,685.00
$98,690.00
Right-of-Way Purchase in connection
with Pennsylvania St.
Right-of-Way Purchase in connection
with Pennsylvania St.
R/W Purchase in connection with
with Pennsylvania St.
01/20/00
Parks, Craig M
From: James Burroughs [SMTP:BURROUGH@IMDR.COM]
Sent: Tuesday, January 11, 2000 3:48 PM
To: rhicks@hrkhl.com
Subject: OP&F / City ol~ Carmel
I don't have the W-9 back but the tax id for OP&F Indianapolis, LLC is
95-4653438
CONFIDENTIALITY NOTICE:
This E-mail and any attachments are confidential and may be protected by legal privilege. If you
are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-
mail or any attachment is prohibited. If you have received this E-mail in error, please notify us
immediately by returning it to the sender and delete this copy from your system. Thank you.
ICE MILLER DONADIO & RYAN
CLOSING STATEMENT
SELLER:
BUYER:
PROPERTY:
EFFECTIVE DATE:
OP&F Indianapolis, LLC
City of Carmel
Approximately 0. 167 acres in fee simple, 0. 120 acres as a permanent
landscape easement, and 0.042 acres for a temporary construction
easement located in Carmel, Hamilton County, Indiana
(Parcel 111-5W)
January 6, 2000
Purchase Price:
Reimbursement of Sanitary Sewer Engineering Expense
(cost to cure item)
Buyer's Expense (to be paid outside of
closing):
Title Search (Land ACQ Consulting)
Closing Fee
Recording Fee
(Hamilton County Recorder- $30.00)
(Hamilton County Auditor- $1.00)
$307.00
0.00
31.00
$56,148.00
600.00
Net Amount Due Seller:
Seller hereby accepts the foregoing Closing Statement
By:
Printed
Title
02713 rah. doc(mkj )
01/11/00
$ 56,748.00
Cross Reference to Prior Deed of Record: Instrument No. 97-9742516 in the Hamilton County, Indiana Recorder's
Office
EASEMENT AGREEMENT
(Parcel 111-5W)
This Easement Agreement (this "Agreement") is made and entered into this day of
,1999 by and between OP&F INDIANAPOLIS, LLC, an Indiana limited
liability company ("Grantor") and the CITY OF CARMEL, INDIANA ("Grantee").
RECITALS
A. Grantor owns certain real propeay (the "Grantor Parcel") located in Hamilton
County, Indiana more particularly described as follows:
Part of the Northwest Quarter and paa of the Northeast Quarter of
Section 2, Township 17 Noah, Range 3 East in Hamilton Cotmty,
Indiana, being more particularly described as follows:
Beginning at a point on the West line of the said Northeast Quarter
Section South 00 degrees 22 minutes 08 seconds West (assumed
bearing) 40.02 feet from Noahwest of said Northeast Quarter
Section; thence Noah 88 degrees 36 minutes 14 seconds East,
parallel with the North line of said Northeast Quaaer Section,
55.00 feet; thence South 46 degrees 23 minutes 46 seconds East
20.32 tbet; thence South 00 degrees 22 minutes 08 seconds West,
parallel with the said West line 509.20 feet; thence North 89
degrees 37 minutes 52 seconds West 353.98 feet; thence South 45
degrees 22 minutes 08 seconds West 59.40 feet; thence Noah 89
degrees 37 minutes 52 seconds West 160.35 feet to the East limited
access right-of-way line of U.S. 31, (per Indiana State Highway
Plans- Project SF. F-222 (9) dated 1973); thence Noah 00 degrees
09 minutes 52 seconds West along said East limited access right-of-
way line 423.31 feet; thence Noah 88 degrees 36 minutes 14
seconds East, parallel with the Noah line of the said Northwest
Quarter Section, 110.44 feet; thence Noah 00 degrees 09 minutes
52 seconds West 124.99 feet; thence North 88 degrees 36 minutes
14 seconds East, parallel with the Noah line of said Noahwest
Quarter Section, 381.45 feet to the Beginning Point.
B. Grantee, in connection with Grantee's improvement and widening of pennsylvania
Parkway (the "Project"), requires a permanent landscape easement over a portion of the Grantor
Parcel which permanent landscape easement area (herein referred to as the "Permanent Easement
Parcel") is more particularly described as follows:
A part of the Noaheast Quarter of Section 2, Township 17 North,
Range 3 East, Hamilton County, Indiana, being that part of the land
described in Deed Instrument #9200377, as recorded in the Office
of the Recorder of Hamilton County, Indiana, lying within the
proposed permanent easement depicted on the Right of Way Parcel
Plat attached hereto and incorporated herein as Exhibit A and
legally described as follows: Commencing at the noahwest corner
of said quarter section; thence South 1 degree 30 minutes 31
seconds West 40.02 feet along the west lh~e of said quarter section
to the north line of the owner's land; thence North 89 degrees 45
minutes 17 seconds East 45.78 feet along said north line to the
point of beginning of this description: thence North 89 degrees 45
minutes 17 seconds East 9.22 feet along said north line; thence
South 45 degrees 16 minutes 17 seconds East 1.08 feet; thence
South 1 degree 31 minutes 11 seconds West 473.56 feet to the
point designated as point "90" on said Right of Way Parcel Plat;
thence Southwesterly 48.82 feet along an arc to the right and
having a radius of 1,864.86 feet and subtended by a long chord
having a bearing of South 2 degrees 16 minutes 11 seconds West
and a length of 48.82 feet to the south line of the owner's land;
thence North 88 degrees 29 minutes 29 seconds West 10.00 feet
along said south line; thence Northeasterly 48.82 feet along an arc
to the lef~ and having a radius of 1,854.86 and subtended by a long
chord having a bearing of North 2 degrees 16 minutes 25 seconds
East and a length of 48.82 feet to the point designated as point "91"
on said Right of Way Parcel Plat; thence North 1 degree 31 minutes
11 seconds East 474.02 feet to the point of beginning and
containing 0. 1 20 acres, more or less.
C. Grantee also requires a temporary easement for the duration of the Project for
purposes of constructing that portion of the Project located upon the Grantor Parcel. Such
temporary easement area (herein referred to as the "Temporary Easement Parcel") is more
particularly described as follows:
A part of the Northeast Quarter of Section 2, Township 17 North,
Range 3 East, Hamilton County, Indiana, being that part of the land
described in Deed Instrument #9200377, as recorded in the Office
of the Recorder of Hamilton County, Indiana, lying within the
proposed temporary easement depicted on the Right of Way Parcel
Plat attached hereto and incorporated herein by this reference as
Exhibit A and legally described as follows: Commencing at the
northwest comer of said quarter section; thence South 1 degree 30
minutes 31 seconds West 561.45 feet along the west line of said
quarter section to the south line of the owner's land; thence South
88 degrees 29 minutes 29 seconds East 30.01 feet along said south
line to the point of beginnh~g of this description: thence
Northeasterly 48.82 feet along an arc to the left and having a radius
of 1,839.86 feet and subtended by a long chord having a bearing of
North 2 degrees 16 mutes 48 seconds East and a length of 48.82
feet; thence North 1 degree 31 minutes 11 seconds East 72.48 feet;
thence South 88 degrees 28 minutes 49 seconds East 15.00 feet;
thence South 1 degree 31 minutes 11 seconds West 72.48 feet to
the point designated as point "91" on said Right of Way Parcel Plat;
thence Southwesterly 48.82 feet along an arc to the right and
having a radius of 1,854.86 and subtended by a long chord having a
bearing of South 2 degrees 16 minutes 25 seconds West and a
length of 48.82 feet to the south line of the owner's land; thence
North 88 degrees 29 minutes 29 seconds West 15.01 feet along said
south line to the point of beginning and containing 0.042 acres,
more or less.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an
exclusive, perpetual easement over, under, through and across the Permanent Easement Parcel for
the purpose of landscaping over, under, across, upon and through the Permanent Easement Parcel
for which Grantee shall have the right to: (a) remove any fences, structures, asphalt or concrete
paving, curbing or other improvements, bushes and earth berming that exist prior to Grantee's
acquisition of such easement; (b) plant trees, bushes (the "Plantings"), grass or sod, and install
earth berming; and (c) maintain, remove and replace the Plantings.
2. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel
and the Temporary Easement Parcel for all purposes related to the construction of the Project,
including, but not limited to the storing of Grantee's equipment and the staging of the construction
of the Project. Upon the completion of the Project such temporary easement shah terminate and
Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same
condition as existed prior to the commencement of the Project.
3. Obligations of Grantee. Grantee shall maintain the Plantings and remove any
diseased or dead Plantings from the Permanent Easement Parcel. If, in the course of the
construction of the Project, trees which are located on the Permanent Easement Parcel as of the
date hereof (the "Trees") shah be damaged or destroyed, City shall, at City's expense, remove
such trees and replace them with trees of the same species and approxhnate size. Upon
completion of the Project the Trees shall be deemed to be Plantings as defined in Section 1 hereof.
4. Rights Retained by Grantor. Grantor slmll retain unto itself, and its grantees, heirs,
successors and assigns, and others to whom Grantor may grant rights or easements, the right to
use the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees, heirs, successors and assigns shah retain the right of access
over and across the Permanent Easement Parcel to and from the Public Right-of-Way to real
estate owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing
driveway or any future driveway.
5. Obligations of Grantor. Except for any driveway described in Section 4 hereof,
Grantor shall keep the Permanent Easement Parcel flee of any fence, structure, asphalt, gravel,
plants (other than grass or sod and the Plantings installed by Grantee) concrete or other
improvements. Grantor shall mow and care for the grass located within the Permanent Easement
Parcel and shah keep the Permanent Easement Parcel free from debris, weeds and refuse.
6. Easement and Covenants Appurtenant. The easements granted, created and made
herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereo f, shall run with and bind the Grantor Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Permanent Easement Parcel, the Grantor Parcel
and the Temporary Easement Parcel, as applicable, shall run with the Permanent Easement Parcel,
the Grantor Parcel and the Temporary Easement Parcel, and shall inure to the benefit of and be
binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and
assigns. All covenants and agreements hereunder may be enforced by an action for specific
performance, and in the event that a party breaches any such covenant or agreement, the other
party may exercise any remedy available hereunder, at law or in equity, and recover from the
breaching party all amounts expended in connection with exercising any such remedy (including
without limitation, court costs and attorneys fees).
7. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR:
GRANTEE:
OP&F Indianapolis, LLC
City of Cannel
By: By:
Printed:
Printed: Joseph C. Staehler
Title:
Title: Director of Administration
STATE OF INDIANA
COUNTY OF
)
) ss:
)
Before me, a Notary Public in and for said County and State, personally appeared
, the of Grantor and who, having been duly
sworn, acknowledged the truth and accuracy of the representations made herein and the execution
of the foregoing Agreemere.
Witness my hand and Notarial Seal this
My Commission Expires:
County o f Residence:
day of ,19 .
Notary Public
Printed
STATE OF )
) ss:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Joseph
C. Staehler, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this
day of ,19 .
My Commission Expires:
Co unty o f Residence:
Notary Public
Printed
This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER,
KILLIAN, HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633-4884.
Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633-4884.
02644rah.doc(mkj)
111-5W (12/02/99)
WARRANTY DEED
THIS INDENTURE WITNESSETH, That OP&F Indianapolis, LLC, an Indiana limited liability company
("Grantor") CONVEYS AND WARRANTS to City of Cannel ("Grantee"), for the sum often Dollars ($10.00)
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following
described real estate located in Hamilton County, state of Indiana:
A part of the Noaheast Quarter of Section 2, Township 17 North, Range 3 East,
Hamilton County, Indiana, being that part of the land described in Deed Instrument
#9200377, as recorded in the Office of the Recorder of Hamilton County, Indiana,
lying within the proposed right of way depicted on the Right of Way Parcel Plat
attached hereto and incorporated herein as Exhibit A, and legally described as
follows: Commencing at the noahwest comer of said quarter section; thence
South 1 degree 30 minutes 31 seconds West 40.02 feet along the west line of said
quarter section to the noah line of the owner's land; thence Noah 89 degrees 45
minutes 17 seconds East 55.00 feet along said north line to the northeastern line of
the owner's land; thence South 45 degrees 16 minutes 17 seconds East 1.08 feet
along said noaheastern line to the point of beginning of this description: thence
South 45 degrees 16 minutes 17 seconds East 19.24 feet along said northeastern
line to the east line of the owner's land; thence South 1 degree 30 minutes 31
seconds West 509.20 feet along said east line to the southeast comer of the
owner's land; thence Noah 88 degrees 29 minutes 29 seconds West 14.76 feet
along the south line of the owner's land; thence Noaheasterly 48.82 feet along an
arc to the left and having a radius of 1,864.86 and subtended by a long chord
having a bearing of North 2 degrees 16 minutes 11 seconds East and a length of
48.82 feet to the point designated as point "90" on said Right of Way Parcel Plat;
thence Noah 1 degree 31 minutes 11 seconds East 473.56 feet to the point of
beginning and containing 0,167 acres, more or less.
Subject to any and all easements, agreements, restrictions and other matters of record; subject to the lien
for real property taxes not delinquent; and subject to rights of way for roads and such matters as would be
disclosed by an accurate survey and inspection of the real estate.
GRANTOR REPRESENTS AND WARRANTS THAT THIS CONVEYANCE IS NOT SUBJECT TO
THE INDIANA GROSS INCOME TAX.
The undersigned person executing this deed on behalf of Grantor represents and certifies that he is a general
partner of Grantor and is empowered to execute and deliver this deed; that Grantor has full capacity to convey the real
estate described herein; and that all necessary action for the making of such conveyance has been taken and done.
IN WITNESS WHEREOF, Grantor has executed this deed this__ day of
,1999.
Grantor: OP&F INDIANAPOLIS, LLC
Signature:
Printed:
Title:
STATE OF INDIANA
COUNTY OF
SS:
ACKNOWLEDGMENT
Before me, a Notary Public in and for said County and State, personally appeared
, on behalf of OP&F Indianapolis, LLC, who acknowledged the execution of the
foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this day of
,1999.
My Commission Expires:
County of Residence:
Notary Public
Printed
This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath & Lyman,
P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282.
Send tax bills to:
After recording, return deed to:
02650rah.doc(mkj)
111-5W (11/30/99)
[ ) Value Finding (X)Short Form
(X)Partial Acquisition ( ) Total Acquisition
Type of Property Commercial
Indicate: (Residential, Commercial, Bare Land, Farm, Special, Industrial)
Location Southwest comer of Pennsylvania Street and 116th Street
[ ) Long Form
Page 1 of 17
Project Pennsylvania Street
Parcel 111-5W :
Owner Aetna Life'Insurance ComDany Phone 860.273.0123 Road Pennsylvania Street
Address 242 Trumbull Street, Hartford, Connecticut 06160 County Hamilton
Tenant () Property Manager Deanna Wolfe, Lowe Enterprises, (317.580.2430)
Contract Buyer ( ) N/A Phone
Address N/A
Land Areas: Before 6.465 Acres Mter 6.298 Acres Acquisition 0.167 Acres
Temp. R/W 0.042 Acres . Provisional R/W 0. 120 Acres Abutters Rights N/A
CERTIFICATE OF APPRAISER
I hereby certify:
That I have personally inspected the property herein appraised and that I have personally made a field inspection of
the comparable sales relied upon in making said appraisal. The property being appraised and the comparable
sales were as represented or referenced within the appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and
the information upon which the opinions expressed herein are based is correct; subject to the limiting conditions
herein set forth.
That I understand that such appraisal may be used in connection with the acquisition of right-of-way for a project
utilizing federal funds.
That such appraisal has been made in conformity with appropriate laws, regulations, policies and procedures
applicable to the appraisal of property for such purposes; and that to the best of my knowledge no portion of the
value assigned to such property consists of such items which are non-compensable under appropriate established
law.
That this appraisal assignment may have called for less than would otherwise be required by the specific guidelines
of the Uniform Standards of Professional Appraisal Practices (USPAP), but is not so limited in scope that it may
tend to mislead the users of the report, or the public.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent
upon the values reported herein.
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the
public improvement for which said property is acquired, or by the likelihood that the property would be acquired
for such improvement, other than that due to ph. ysical deterioration within the reasonable control of the owner, was
disregarded in determining the compensation f6r the property.
That I have no direct or indirect present or contemplated future personal interest in such property or in any way
benefit from the acquisition of such property appraised.
That the owner or a designated representative was afforded the opportunity to accompany me on the property
inspection.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the
Acquiring Agency or officials of the Federal Highway Administration and I will not!~do so until authorized by said
officials or until I am required to do so by due process of law, or until I am released from this obligation by having
publicly testified as to such findings.
That I have not given consideration, or included in my appraisal, any allowance for relocation assistance benefits.
That no one provided significant professional assistance to the person signing this report with the exception of
those signing below.
That my opinion of fair market value for the property to be acquired and residue damage, if any, as of the 23rd
day of February 1999 . which is the effective date of this appraisal is $ 80,465.00 based upon my independent
appraisal and the exercise of my professional judgment.
SUMMARY
BEFORE VALUE (Observed)
AFTER VALUE (Observed)
$ 12,000,000.00
$ 11,9 19,535.00
Land Taken $ 42,585.00
,.*
Land Improvements $ 11,550.00
Improvements $ '0-
Cost-to-Cure $ 8, 100.00
Damages $ -0-
Temp. - Prov. R/W $ 18,230.00
TOTAL DUE OWNER $ 80,465.00
Form 25008 (Rev. 6/94)
Signature ·
Nmne Typed L. Scott Anderson
Appraisal License # CG69100542
Broker # IB58709107
Date: ~- 4- cqc]
ASSISTED BY
Signature ~ , C, ~
N~e ~ped B~ C. Reske
Appr~s~ License ~ CG494 0189
Broker ~ IB2930007~/~7~
Date: ~
Si~amre
N~e ~ped
Appr~s~ License ~
Broker ~
Date:
CLOSING STATEMENT
SELLER:
BUYER:
PROPERTY:
EFFECTIVE DATE:
OP&F Indianapolis, LLC
City of Carmel
Approximately 0.297 acres in fee simple and 0.282 acres as a
permanent landscape easement located in Carreel, Hamilton County,
Indiana (Parcel 116-1 W)
January 6, 2000
Purchase Price:
Reimbursement of Sanitary Sewer Engineering Expense
(cost to cure item)
Buyer's Expense (to be paid outside of
closing):
Title Search (Land ACQ Consulting)
Closing Fee
Recording Fee
(Hamilton County Recorder $30.00)
(Hamilton County Auditor- $1.00)
$307.00
0.00
31.00
$101,085.00
600.00
Net Amount Due Seller:
Seller hereby accepts the foregoing Closing Statement
By:
Printed
Title
02712rah.doc(mkj)
01/11/00
$101.685.00
Cross Reference to Prior Deed of Record: Instrument No. 97-9742519 in the Hamilton County, Indiana Recorder's
Office
EASEMENT AGREEMENT
(Parcel 116-1 W)
This Easement Agreement (this "Agreement") is made and entered into this day of
,1999 by and between OP&F INDIANAPOLIS, LLC, an Indiana limited
liability company ("Grantor") and the CITY OF CARMEL, INDIANA ("Grantee").
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel") located in Hamilton
County, Indiana more particularly described as follows:
Part of the Southwest Quarter of Section 35, Township 18 Noah,
Range 3 East in Hamilton County, Indiana, being more particularly
described as follows:
Beginning at the Southeast corner of the said Southwest Quarter
Section; thence North 00 degrees 05 minutes 40 seconds West
(assumed bearing) along the East line of the said Quarter Section
728.45 feet; thence North 75 degrees 05 minutes 40 seconds West
58.58 feet to a curve having a radius of 117.00 feet, the radius
point of which bears North 14 degrees 54 minutes 20 seconds East;
thence Northwesterly along the said curve 61.26 feet to a point
which bears South 44 degrees 54 minutes 20 seconds West from
said radius point; thence North 45 degrees 05 minutes 40 seconds
West 287.00 feet; thence South 44 degrees 54 minutes 20 seconds
West 145.00 feet; thence South 89 degrees 54 minutes 20 seconds
West 172.39 feet to the East right-of-way line of U.S. Highway #31
(the next two (2) described courses being along the said East right-
of-way line); thence South 00 degrees 04 minutes 52 seconds East
819.16 feet; thence South 58 degrees 40 minutes 40 seconds East
44.51 feet; thence South 00 degrees 04 minutes 52 seconds East
45.01 feet to the South line of the said Quarter Section; thence
North 88 degrees 32 minutes 30 seconds East along the said South
line 549.26 feet to the Beginning Point.
ALSO:
Part of the Southwest Quarter of Section 35, Township 18 North
Range 3 East in Hamilton County, Indiana, being more particularly
described as follows:
Beginning at a point on the East line of the said Southwest Quarter
Section North 00 degrees 05 minutes 40 seconds West (assumed
bearing) 728.45 feet from the Southeast corner of the said Quarter
Section; thence North 00 degrees 05 minutes 40 seconds West
along the said East line 538.26 feet; thence South 89 degrees 54
minutes 20 seconds West 80.00 feet; thence North 45 degrees 05
minutes 40 seconds West 275.07 feet; thence South 89 degrees 54
minutes 20 seconds West 47.99 feet; thence North 45 degrees 05
minutes 40 seconds West 267.30 feet; thence South 89 degrees 54
minutes 20 seconds West 75.20 feet to the East limited access
right-of-way line of U.S. #31; thence South 00 degrees 04 minutes
52 seconds East along the said East limited access right-of-way line
775.92 feet; thence North 89 degrees 54 minutes 20 seconds East
172.39 feet; thence North 44 degrees 54 ni~utes 20 seconds East
145.00 feet; thence South 45 degrees 05 minutes 40 seconds East
287.00 feet to a curve having a radius of 117.00 feet, the radius
point of which bears North 44 degrees 54 minutes 20 seconds East;
thence Southeasterly along the said curve 61.26 feet to a point
which bears South 14 degrees 54 minutes 20 seconds West from
said radius point; thence South 75 degrees 05 minutes 40 seconds
East 58.58 feet to the Beginning Point.
B. Grantee, in connection with Grantee's improvement and widening of pennsylvania
Parkway (the "Project"), requires a permanent landscape easement over a portion of the Grantor
Parcel which permanent landscape easement area (herein referred to as the "Permanent Easement
Parcel") is more particularly described as Ibllows:
A part of the Southwest Quarter of Section 35, Township 18
North, Range 3 East, Hamilton County, Indiana, being that part of
the land described in Deed Instrument #9200375 & Deed
Instrument #9200376, as recorded in the Office of the Recorder of
Hamilton County, Indiana, lying wkhin the proposed permanent
easement depicted on the attached Right of Way Parcel Plat of
Parcel 116-1W of the City of Carmel Project 97-04, attached hereto
and incorporated herein as Exhibit A described as follows:
Commencing at the southeast corner of said quarter section; thence
South 89 degrees 45 minutes 17 seconds West 25.01 feet along the
south line of said quarter section to the prolonged west boundary of
Pennsylvania Street; thence North 1 degree 05 minutes 56 seconds
East 40.00 feet along said prolonged boundary to the noah
boundary of 116th Street; thence South 89 degrees 45 minutes 17
seconds West 13.56 feet along the boundary of said 116th Street to
the point designated as point "119" on said Right of Way Parcel
Plat and the point of beginning of this description: thence South 89
degrees 45 minutes 17 seconds West
boundary to the point designated as point
Way Parcel Plat; thence North 1 degrees
East 243.93 feet to the point designated
Right of Way Parcel Plat; thence Northerly
to the left and having a radius of 11,404.16
10.01 feet along said
"120" on said Right of
45 minutes 27 seconds
as point "112" on said
13 1.09 feet along an arc
feet and subtended by a
long chord having a bearing of North 1 degree 25 minutes 42
seconds East and a length of 13 1.09 feet to the point designated as
point "114" on said Right of Way Parcel Plat; thence Noah 1
degree 05 minutes 56 seconds East 694.14 feet to the point
designated as point "116" on said Right of Way Parcel Plat; thence
Northerly 158.73 feet along an arc to the left and having a radius of
5,674.58 feet and subtended by a long chord having a bearing of
North 0 degrees 17 minutes 51 seconds East and a length of 158.72
fbet to the north line of the owner's land; thence South 88 degrees
54 minutes 04 seconds East 10.00 feet along said north line; thence
Southerly 158.73 tbet along an arc to the right and having a radius
of 5,684.58 t~et and subtended by a long chord having a bearing of
South 0 degrees 17 minutes 56 seconds West and a length of
158.72 feet to the point designated as point "115" on said Right of
Way Parcel Plat; thence South 1 degree 05 minutes 56 seconds
West 694.14 feet to the point designated as point "113" on said
Right of Way Parcel Plat; thence Southerly 13 1.21 feet along an arc
to the right and having a radius of 11,414.16 feet and subtended by
a long chord having a bearing of South 1 degree 25 minutes 42
seconds West and a length of 13 1.20 l~et to the point designated as
point "111" on said Right of Way Parcel Plat; thence South 1
degree 45 minutes 27 seconds West 243.58 feet to the noah
boundary of 116th Street and the point of beginning and containing
0.282 acres, more or less.
NOW, THEREFOE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Easement. Grantor hereby grm~ts and conveys to Grantee an
exclusive, perpetual easement over, under, through and across the Permanent Easement Parcel for
the purpose of landscaping over, under, across, upon and through the Permanent Easement Parcel
for which Grantee shall have the right to: (a) remove any fences, structures, asphalt or concrete
paving, curbing or other improvements, bushes and earth berming that exist prior to Grantee's
acquisition of such easement; (b) plant trees, bushes (the "Plantings"), grass or sod, and install
earth berming; and (c) maintain, remove and replace the Plantings.
2. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel
for all purposes related to the construction of the Project, including, but not limited to the storing
of Grantee's equipment and the staging of the construction of the Project. Upon the completion
of the Project such rights shah terminate.
3. Obligations of Grantee. Grantee shall maintain the Plantings and remove any
diseased or dead Plantings from the Permanent Easement Parcel. If, in the course of the
construction of the Project, trees which are located on the Permanent Easement Parcel as of the
date hereof (the "Trees"), shah be damaged or destroyed, City shall, at City's expense, remove
such trees and replace them with trees of the same species and approximate size. Upon
completion of the Project the Trees shall be deemed to be Plantings as defined in Section 1 hereof.
4. Rights Retained by Grantor. Grantor shah retain unto itself, and its grantees, heirs,
successors and assigns, and others to whom Grantor may grant rights or easements, the right to
use the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its .grantees, heirs, successors and assigns shah retain the right of access
over and across the Permanent Easement Parcel to and from the Public Right-of-Way to real
estate owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing
driveway or any future driveway.
5. Obligations of Grantor. Except for any driveway described in Section 4
hereof, Grantor shall keep the Permanent Easement Parcel flee of any fence, structure,
asphalt, gravel, plants (other than grass or sod and the Plantings installed by Grantee)
concrete or other in~provements. Grantor shah mow and care fbr the grass located within
the Permanent Easement Parcel and shall keep the Permanent Easement Parcel flee from
debris, weeds and refuse.
6. Easement and Covenants Appurtenant. The easements granted, created and made
herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereof; shah run with and bind the Grantor Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Permanent Easement Parcel and the Grantor
Parcel, as applicable, shall run with the Permanent Easement Parcel and the Grantor Parcel and
shah inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their
respective grantees, successors and assigns. All covenants and agreements hereunder may be
enforced by an action for specific performance, and in the event that a party breaches any such
covenant or agreement, the other party may exercise any remedy available hereunder, at law or in
equity, and recover from the breaching party all amounts expended in connection with exercising
any such remedy (including without limitation, court costs and attorneys fbes).
7. Governin~ Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR:
OP&F Indianapolis, LLC
By:
Printed:
Title:
GRANTEE:
City of Carmel
By:
Printed: Joseph C. Staehler
Title: Director of Administration
STATE OF INDIANA
COUNTY OF
)
) ss:
)
Before me, a Notary Public in and for said County and State, personally appeared
, the of Grantor and who, having been duly
sworn, acknowledged the troth and accuracy of the representations made herein and the execution
of the foregoing Agreement.
Witness my hand and Notarial Seal this
My Commission Expires:
Co unty o f Re sidence:
STATE OF INDIANA
COUNTY OF
)
) ss:
)
day of ,19 .
Notary Public
Printed
My Commission Expires:
County of Residence:
Notary Public
Printed
This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER,
KILLIAN, HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633-4884.
Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633-4884.
02643mh.doc(mkj)
I16-1W(12/01/99)
Witness my hand and Notarial Seal this
day of ,19 .
Before me, a Notary Public in and for said County and State, personally appeared Joseph
C. Staehler, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
WARRANTY DEED
THIS INDENTURE WITNESSETH, That OP&F Indianapolis, LLC, an Indiana limited liability company
("Grantor") CONVEYS AND WARRANTS to City of Carreel ("Grantee"), for the sum often Dollars ($10.00)
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following
described real estate located in Hamilton County, state of Indiana:
A part of the Southwest Quarter of Section 35, Township 18 Noah, Range 3 East,
Hamilton County, Indiana, being that part of the land described in Deed Instrument
#9200375 & Deed Instrument//9200376, as recorded in the Office of the Recorder
of Hamilton Coumy, Indiana, lying within the proposed right of way depicted on
the attached Right of Way Parcel Plat of Parcel l16-1W of the City of Carmel
Project 97-04, attached hereto and incorporated herein as Exhibit A described as
follows: Commencing at the southeast comer of said quarter section; thence South
89 degrees 45 minutes 17 seconds West 25.01 feet along the south line of said
quarter section to the prolonged west boundary of Pennsylvania Street; thence
North 1 degree 05 minutes 56 seconds East 40.00 feet along said prolonged
boundary to the north boundary of 116th Street and the point of beginning of this
description: South 89 degrees 45 minutes 17 seconds West 13.56 feet along the
boundary of said 116th Street to the point designated as point "119" on said Right
of Way Parcel Plat; thence North 1 degree 45 minutes 27 seconds East 243.58 feet
to the point designated as point "111"; thence Northerly 131.21 feet along an arc
to the let't having a radius of 11,414.16 feet and subtended by a long chord having
a bearing of North 1 degree 25 minutes 42 seconds East 131.20 feet to the point
designated as point "113" on said Right of Way Parcel Plat; thence North 1 degree
05 minutes 56 seconds East 694.14 feet to the point designated as point "115" on
said Right of Way Parcel Plat; thence Northerly 158.73 feet along an arc to the left
and having a radius of 5,684.58 and subtended by a long chord having a bearing
ofNorth 0 degrees 17 ninutes 56 seconds East and a length of 158.72 feet to the
north line of the owner's land; thence South 88 degrees 54 minutes 04 seconds
East 12.21 feet along said north line to the west boundary of Pennsylvania Street;
thence South 1 degree 05 minutes 56 seconds West 1,227.30 feet along the
boundary of said Pennsylvania Street to the point of beginning and containing
0.297 acres, more or less.
Subject to any and all easements, agreements, restrictions and other matters of record; subject to the lien
for real property taxes not delinquent; and subject to rights of way fbr roads and such matters as would be
disclosed by an accurate survey and inspection of the real estate.
GRANTOR REPRESENTS AND WARRANTS TItAT THIS CONVEYANCE IS NOT SUBJECT TO
THE INDIANA GROSS INCOME TAX.
The tradersigned person executing this deed on behalf of Grantor represents and certifies that he is a general
partner of Grantor and is empowered to execute and deliver this deed; that Grantor has full capacity to convey the real
estate described herein; and that all necessary action for the making of such conveyance has been taken and done.
IN WITNESS WHEREOF, Grantor has executed this deed this__ day of
,1999.
Grantor: OP&F INDIANAPOLIS, LLC
Signature:
Printed:
Title:
STATE OF INDIANA
COUNTY OF
SS:
ACKNOWLEDGMENT
Before me, a Notary Public in and for said County and State, personally appeared
, on behalf of OP&F Indianapolis, LLC, who acknowledged the execution of the
foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this__ day of
,1999.
My Commission Expires:
County of Residence:
Notary Public
Printed
This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath & Lyman,
P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282.
Send tax bills to:
After recording, return deed to:
02651rah.doc(mkj)
116-1W (11/30/99)
( ) Value Finding (X)Short Form
(X)Partial Acquisition () Total Acquisition
Type of Property Commercial
Indicate: (Residential, Commercial, Bare Land, Farm, Special, Industrial)
Location 116 11 and 11711 North Meridian Street. Camel, Indiana
( ) Long Form
Page 1 of 19
Project Pennsylvania Street
Parcel 116-1W :
Owner Aetna Life Insurance Company Phone 860.273.0123 Road Pennsylvania Street
Address 242 Trumbull Street, Hartford, Connecticut 06160 County Hamilton
Tenant () Property Manager, Lowe Enterprises, Deana Wolfe (317) 580.2430
Contract Buyer ( ) N/A Phone
Address N/A
Land Areas: Before 18.468 Acres After 18.17 1 Acres Acquisition 0.297 Acres
Temp. R/W N/A Provisional R/W 0.282 Acres Abutters Rights N/A
CERTIFICATE OF APPRAISER
I hereby certify:
That I have personally inspected the property herein appraised and that I have personally made a field inspection of
the comparable sales relied upon in making said appraisal. The property being appraised and the comparable
sales were as represented or referenced within the appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and
the information upon which the opinions expressed herein are based is correct; subject to the limiting conditions
herein set forth.
That I understand that such appraisal may be used in connection with the acquisition of right-of-way for a project
utilizing federal funds.
That such appraisal has been made in conformity with appropriate laws, regulations, policies and procedures
applicable to the appraisal of property for such purposes; and that to the best of my knowledge no portion of the
value assigned to such property consists of such items which are non-compensable under appropriate established
law.
That this appraisal assignment may have called for less than would otherwise be required by the specific guidelines
of the Uniform Standards of Professional Appraisal Practices (USPAP), but is not so limited in scope that it may
tend to mislead the users of the report, or the public.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent
upon the values reported herein.
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the
public improvement for which said property is acquired, or by the likelihood that the property would be acquired
for such improvement, other than that due to physical deterioration within the reasonable control of the owner, was
disregarded in determining the compensation for the property.
That I have no direct or indirect present or contemplated future personal interest in such property or in any way
benefit from the acquisition of such property appraised.
That the owner or a designated representative was afforded the opportunity to accompany me on the property
inspection.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the
Acquiring Agency or officials of the Federal Highway Administration and I will not do so until authorized by said
officials or until I am required to do so by due process of law, or until I am relea~.~d from this obligation by having
publicly testified as to such findings.
That I have not given consideration, or included in my appraisal, any allowance for relocation assistance benefits.
That no one provided significant professional assistance to the person signing this report with the exception of
those signing below.
That my opinion of fair market value for the property to be acquired and residue damage, if any, as of the 22nd
day of February 1999 . which is the effective date of this appraisal is $ 159.670.00 based upon my independent
appraisal and the exercise of my professional judgment.
SUMMARY
BEFORE VALUE, (Observed) $ 35,000,000.00
AFTER VALUE (Observed} $ 34,840,330.00
Land Taken $ 71,280.00
Land Improvements $ 29,850.00 ..'
Improvements $ '0-
Cost-to-Cure $ 24,700.00
Damages $ -0-
Temp. - Prov. R/W $ 33,840.00
TOTAL DUE OWNER $ 159,670.00
Form 25008 (Rev. 6/94)
PRIMARY APPRAISER~D S
Signature . e/0~,/c
Name Typed L. Scott Anderson
Appraisal License # CG69 100542
Broker # IB58709 107
Date: 3- 4- q ct
Name Typed Brian C. Reskd
Appraisal License # CG494 0189
Broker # IB2930007~~
Date: ~
Signature
Name Typed
Appraisal License #
Broker #
Date:
CLOSING STATEMENT
SELLERS:
Paul E. Reifeis and Elizabeth Barney Reifeis, husband and wife
BUYER:
City of Carmel
PROPERTY:
Approximately 0.340 acres in fee simple, 0.075 acres as a permanent
landscape easement, and 0.018 acres for a temporary construction
easement located in Carreel, Hamilton County, Indiana
EFFECTIVE DATE:
january 6, 2000
Purchase Price:
$98,690.00
Buyer's Expense (to be paid outside of
closing):
Title Search (Land ACQ Consulting)
Closing Fee
Recording Fee
(Hamilton County Recorder- $40.00)
(Hamilton County Auditor - $1.00)
$307.00
0.00
41.00
Net Amount Due Seller:
$ 98,690.00
SELLERS
Paul E. Reifeis
Social Security No. 306-52-4588
Elizabeth Barney Reifeis
Social Security No. 306-78-2574
02711 rah.doc(n~cj)
01/20/00
APPRAISAL REPORT
(') Value Finding (X) Short Form
(X)Partial Acquisition ( ) Total Acquisition
Type of Property Commercial
lndicate:(Residential, Commercial, Bareland, Farm. Special, Industrial)
Location Approx. 12300 North Pennsylvania Street, Carmel, IN 46032
Owner Paul E. Reifeis and Elizabeth Barney Reifeis
Address 11939 North Meridian Street, Carmel, IN 46032
Tenant ( ) Contract Buyer ( ) N/A
Address N/A
( ) Long Form
Page 1 of 7
Project Pennsylvania Street
Parcel 116-4W
Road No. Pennsylvania Street
County Hamilton
Phone N/A
Land Areas:
Before 3.677 +/- AC (Net)
Temp. R/W 0.018 AC
After 3.337 +/- AC (Net~
Permanent Ease. 0.075 AC
Acquisition 0,340 AC
Abutters Rights No
CERTIFICATE OF APPRAISER
I hereby certify:
That I have personally inspected the property herein appraised and that I have personally made a field inspection of the
comparable sales relied upon in making said appraisal. The property being appraised and the comparable sales were
as represented or referenced within the appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the
information upon which the opinions expressed herein are based is correct; subject to the limiting conditions herein set
forth.
That I understand that sucl~ appraisal is not to be used in connection with the acquisition of right-of-way for a project
utilizing federal funds.
That such appraisal has been made in conformity with appropriate laws, regulations, policies and procedures applicable
to the appraisal of property for such purposes; and that to the best of my knowledge no portion of the value assigned to
such property consists of such items which are noncompensable under appropriate established law.
That this appraisal assignment may have called for less than would otherwise be required by the specific guidelines of
the Uniform Standards of Professional Appraisal Practices (USPAP), but is not so limited in scope that it may tend to
mislead the users of the report, or the public.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon
the values reported herein.
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public
improvement for which said property is acquired, or by the likelihood that the property would be acquired for such
improvement, other than that due to physical deterioration within the reasonable control of the owner, was disregarded
in determining the compensation for the property.
That I have no direct or indirect present or contemplated future personal interest in such property or in any way benefit
from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the
Acquiring Agency and 1 will not do so until authorized by said officials or until ! am required to do so by due process of
law, or until I am released from this obligation by having publicly testified as to such findings.
That I have not given consideration, or included in my appraisal, any allowance for relocation assistance benefits.
That no one provided professional assistance to the person signing this report with the exception of those signing below.
That my opinion of fair market value for the property to be acquired and residue damage. if any, as of the 19th day of
April, 1999, which is the effective date of this appraisal is $ 93,690 based upon my independent appraisal and the
exercise of my professional judgment.
SUMMARY PRIMARY AI~~F~
BEFORE VALUE $ N/A Signature · 5
Name Typed Robert N. Sanders'
Appraisal License # CG69200986
Broker #' IB58705337
Date: (,- "?'ft
AFTER VALUE $ N/A
Land Taken
Land Improvements
Improvements
Cost-To-Cure
Landscape Easement
Temporary Easement
TOTAL DUE OWNER
Form 25008 (Rev. 6~94)
$ 83.300
$ -0-
$ -0-
$ -0-
$ 9.190
$ 1,200
93,690
ASSISTED BY
Signature
Name Typed
Appraisal License #
Broker #
Signature
Name Typed
Appraisal License #
Broker #
Date:
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement ("Agreement") is made this day of January,
2000 by and between the City of Carmel ("City") and Paul E. Reifeis and Elizabeth Barney
Reifeis, husband and wife:
Recitals
WHEREAS, City is undertaking the extension, widening and improvement of
Pennsylvania Street (herein the "Project"); and
WHEREAS, in furtherance of the Project, City needs to acquire from Seller, the fee
simple title to approximately 0.340 acres of real estate described on Exhibit A attached hereto
and incorporated herein, and
WHEREAS, in furtherance of the Project, City needs to acquire from Seller, a permanent
landscape easement from Seller for approximately 0.075 acres, and a temporary easement from
Seller for approximately 0.018 areas, all on the terms and conditions set forth in the form of
Easement Agreement attached hereto and incorporated herein as Exhibit B, and
WHEREAS, City has the power to acquire the above-described property pursuant to the
Indiana laws of eminent domain, and
WHEREAS, Seller has requested that City approve a curb cut on Pennsylvania Street
oriented where the proposed center median is absent as depicted on the engineering plans for the
Project; and
WHEREAS, Seller has also requested that City alter the engineering plans for the Project
by adding a median taper to accommodate left turns into Seller's property (at the location of the
aforementioned curb cut) for vehicular traffic traveling in a northbound direction on
Pennsylvania Street; and
WHEREAS, although City is generally supportive of curb cuts that are oriented where a
center-of-the-road median is absent, and is generally supportive of such a median taper when the
volume of traffic entering a site is substantial, City cannot prospectively approve Seller's
requested curb cut or median taper due to the fact that such curb cut and median taper must first
be approved by the City's Board of Works after Seller has submitted to the Board of Works a Site
and Development Plan which depicts a use of Seller's property that justifies such curb cut and
median taper.
NOW, THEREFORE, in consideration of the foregoing Recitals, the following mutual
covenants and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged; the parties agree as follows:
1. Purchase Price. For the real estate described in Exhibits A and B (the "Property"),
the City agrees to pay the sum of Ninety-Eight Thousand Six Hundred Ninety and 00/100
Dollars ($98,690.00) (the "Purchase Price"). The Purchase Price shall be paid by City to Seller
at the "Closing" (as defined below) in cash or other immediately available funds.
2. Title to Property. The Property shall be sold and conveyed to City free and clear
of any and all liens and encumbrances except the following (the "Permitted Exceptions"):
(a) Real Estate Taxes: Current real estate taxes not delinquent; and
(b)
Other Title Exceptions: easements and rights of way as shown in that Title and
Encumbrance Report prepared by Land Acq Consulting, a copy of which is
attached hereto and incorporated herein as Exhibit C and such other matters of
record that would not render title in and to the Property unmarketable.
3. Closing. The transaction contemplated hereby shall be closed within ten (10)
days following the partial release of the mortgages encumbering the Property identified in
Exhibit C (the "Closing"). At the Closing, Seller shall deliver to City the following documents
against simultaneous delivery of the consideration described in Paragraph 1:
A properly executed warranty deed in the form of Exhibit A;
(b)
A properly executed Easement Agreement in the form of Exhibit B conveying the
landscape easement described therein; and
(C)
A certificate of non-foreign status with respect to Seller as required by Section
1445 of the Internal Revenue Code.
At the Closing, City shall deliver to Seller the Purchase Price and such instruments,
documents and considerations as Seller or its counsel may reasonably deem necessary or
appropriate to consummate the transaction contemplated hereby.
4. Taxes and Assessments. Seller shall pay, or cause to be paid, on or before
Closing, all property taxes and assessments, whether special or otherwise, relating to the Property
described in Exhibit A and which are due and payable on or before the Closing. Following the
Closing, Seller shall pay, or cause to be paid, all real estate taxes and assessments, whether
special or otherwise, relating to the Property described in Exhibit A assessed for and becoming a
lien during the calendar year in which the Closing occurs. Thereafter, pursuant to Section I.C. 6-
1.1-4-14 the Property described in Exhibit A will not be assessed to Seller because it is within
the right-of-way of Pennsylvania Street.
5. Possession/Right of Entry. From and after the date hereof, City shall have, and
Seller hereby grants to City and its agents, the right to enter upon any of the Property, including
without limitation, for the purpose of constructing the Project.
6. Entire Agreement; Written Modifications; Survival of Representations,
Warranties and Agreements. This Agreement contains the entire agreement between Seller and'
City with respect to the subject matter hereof. All representations, promises and prior or
contemporaneous understandings between the parties are merged into and expressed in this
Agreement, and any and all prior agreements between the parties are hereby canceled. This
Agreement shall not be amended, modified or supplemented without the written agreement of
Seller and City at the time of such amendment, modification or supplement. All representations,
warranties and agreements made herein shall be merged by the delivery of the deed by Seller to
City. ,
7. Default. In the event of a default on the part of Seller hereunder, City may
exercise any or all of the rights and remedies to which it may be entitled at law or in equity,
including without limitation, the remedy of specific performance.
In the event of a default on the part of City under this Agreement, Seller may exercise any
or all of the rights and remedies to which it may be entitled at law or in equity, including without
limitation, the remedy of specific performance.
8. Expenses; Brokerage. Except as herein specifically provided in this Agreement,
Seller and City shall each bear its own expenses incurred in connection herewith, and neither
shall be liable to the other for any of such expenses, whether or not the transaction contemplated
hereby is consummated. Each of the parties covenants that it has not employed or used any
broker, finder or agent in connection herewith or with the transaction contemplated hereby. Each
party agrees to defend, indemnify and hold the other harmless from and against any damage,
loss, liability, claim, expense, cost or fee suffered or incurred by such indemnified party arising
out of any breach or misrepresentation under this paragraph 8.
9. Authority of Undersigned. The undersigned persons executing this Agreement on
behalf of Seller or City, respectively, each represents and certifies that he or she is duly
authorized and is fully empowered to execute and deliver this Agreement or the acceptance
thereof to the other party hereto.
10. Counterparts. This Agreement may be executed in separate counterparts, each
which when so executed shall be an original, but all of such counterparts shall together constitute
but one and the same instrument.
11. Attorneys' Fees. In addition to any other right or remedy granted hereunder each
party shall be entitled to recover from the other (the "defaulting party") reasonable attorneys' fees
and court costs incurred by such party in connection with the enforcement of its rights and
remedies hereunder resulting from the default or breach of the defaulting party.
IN WITNESS WHEREOF, the undersigned City and Seller have duly executed and
delivered this Agreement as of the day and year first above written.
Seller: City:
Paul E. Reifeis
Elizabeth Barney Reifeis
By:
Printed:
Title:
Joseph C. Staehler
Director of Administration
0266 ! RAH
01/03/00
3
EXHIBIT "A"
Warranty Deed
WARRANTY DEED'
THIS INDENTURE 'WITNESSETH, That Paul E. Reifeis and Elizabeth Barney Reifeis, husband and
wife ("Grantor") CONVEYS AND WARRANTS to City of Carmel ("Grantee"), for the sum often Dollars
($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
following described real estate located in Hamilton County, state of Indiana:
A part of the Northwest Quarter of section 35, Township 18 North, Range 3 East, Hamilton
County, Indiana, being .that part of the land described in Deed Record 350, page 720, as
recorded in the Office of the Recorder of Hamilton County, Indiana, lying within the
proposed right of way depicted on the attached Right of Way Parcel Plat of Parcel 116-4W
of the City of Carmel Project 97-04, described as follows: Commencing at the southeast
corner of said quarter section; thence North 1 degree 02 minutes 41 seconds East 660.00 feet
along the east line of said quarter section to the southeast comer of the owners' land; thence
South 89 degrees 57 minutes 26 seconds West 15.75 feet along said the south line of the
owners' land to the west boundary of Pennsylvania Street and the point of beginning of this
description: thence South 89 degrees 57 minutes 26 seconds West 45.26 feet along the said
south line; thence North 1 degree 02 minutes 41 seconds East 327.00 feet to the noah line of
the owners' land; thence noah 89 degrees 57 minutes 26 seconds East 45.26 feet along said
north line to the west boundary of said Pennsylvania Street; thence South 1 degree 02
minutes 41 seconds West along the west boundary of said Pennsylvania Street to the point
of begixming and containing 0.340 acres, more or less.
Subject to any and all easements, agreements, restrictions and other matters of record; subject to the lien
for real property taxes not delinquent; and subject to rights of way for roads and such matters as would be
disclosed by an accurate survey and inspection of the real estate.
IN WITNESS WHEREOF, Grantor has executed this deed this __ day of
,2000.
Grantor: Paul E. Reifeis and Elizabeth Barney Reifeis
Paul E. Reifeis ~
Elizabeth Barney Reifeis
STATE OF INDIANA
COUNTY OF
SS:
ACKNOWLEDGMENT
Before me, a Notary Public in and for said County and State, personally appeared Paul E. Reifeis and
Elizabeth Barney Reifeis, husband and wife, who acknowledged the execution of the foregoing Warranty Deed,
and who, having been duly sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this__ day of
,2000.
My Commission Expires:
County of Residence:
Notary Public
Printed
This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath & 'Lyman,
P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282.
Send tax bills to:
After recording, return deed to:
02662RAH
01/03/00
e®
EXHIBIT "B"
Easement Agreement
Cross Reference to Prior Deed of Record: Deed Record 350, page 720 in the Hamilton County, Indiana Recorder's'
Office
EASEMENT AGREEMENT
This Easement Agreement (this ~'Agreement") is made and enteredinto this day of
,2000 by and between Paul E. Reifeis and Elizabeth Barney Reifeis, ~
husband and wife ("Grantor") and the CITY OF CARMEL; INDIANA ("Grantee").
RECITALS
A. Gran.tor owns certain real property (the "Grantor Parcel") located in Hamilton
County, Indiana more particularly described as follows:
A part of the Noahwest Quarter of Section 35, Township 18 Noah,
Range 3 East, described as follows: BEGIN at a point 660 feet
north of the southeast corner of Noahwest Quarter of Section 35,
Township 18 Noah, Range 3 East; thence west parallel with south
line of said Noahwest Quarter 622.0 feet to center of U.S. State
Road No. 31, thence noaheasterly along center of said State Road
to a point 327.0 feet north and 442.0 feet west of place of
beginning; thence east parallel with south line of said Northwest
Quarter 442.2 feet to intersection of east line of said Northwest
Quarter, thence south 327.0 feet to the place of beginning.
B. Grantee, in connection with Grantee's improvement and widening of Pennsylvania
Parkway (the "Project"), requires a permanent landscape easement over a portion of the Grantor
Parcel which permanent landscape easement area (herein referred to as the "Permanent Easement
Parcel") is more particularly described as follows:
A part of the Northwest Quarter of Section 35, Township 18 Noah,
Range 3 East, Hamilton County, Indiana, being that part of the
land described in Deed Record 350, page 720, as recorded in the
Office of the Recorder of Hamilton County, Indiana lying within
the proposed permanent easement depicted on the attached Right
of Way Parcel Plat of Parcel 116-4W of the City of Carmel Project
97-04, described as follows: Commencing at the southeast comer
of said quarter section; thence North 1 degree 02 minutes 41
seconds East 660.00 feet along the east line of said quarter section
to the southeast comer of the owners' land; thence South 89
degrees 57 minutes 26 seconds West 61.01 feet along the south
line of the owners' land to the point of beginning of this
description: thence South 89 degrees 57 minutes 26 seconds West
!0.00 along said south line; thence North 1 degree 02 minutes 41
seconds East 327.00 feet to the north line of the owners' land;
thence Noah 89 degrees 57 minutes 26 seconds East 10.00 feet
along said noah line; thence South 1 degree 02 minutes 41 seconds
West 327.00 feet to the point of beginning and containing 0.075
acres, more or less.
C. Grantee also requires a temporary easement for the duration of the Project for
purposes of constructing that portion of the Project located upon the Grantor Parcel. Such
temporary easement area (herein referred to as the "Temporary Easement Parcel") is more
particularly described as follows:
A part of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East, Hamilton County, Indiana, being that part of the
land described in Deed Record 350, page 720, as recorded in the
Office of the Recorder of Hamilton County, Indiana lying within
the proposed temporary easement depicted on the attached Right of
Way Parcel Plat of Parcel 116-4W of the City of Carreel Project
97-04, described as follows: Commencing at the southeast corner
of said quarter section; thence North 1 degree 02 minutes 41
seconds East 660.00 feet along the east line of said quarter section
to the southeast comer of the owners' land; thence South 89
degrees 57 minutes 26 seconds West 71.01 feet along the south
line of the owners' land .to the point of beginning of this
description: thence South 89 degrees 57 minutes 26 seconds West
10.00 'along said south line; thence North 1 degree 02 minutes 41
seconds East 76.57 feet; thence South 88 degrees 57 minutes 19
seconds East 10.00 feet; thence South 1 degree 02 minutes 41
seconds West 76.38 feet to the point of beginning and containing
0.018 acres, more or less
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an
exclusive, perpetual easement over, under, through and across the Permanent Easement Parcel
for the purpose of landscaping over, under, across, upon and through the Permanent Easement
Parcel for which Grantee shall have the right to: (a) remove any fences, structures, asphalt or
concrete paving, curbing or other improvements, bushes and earth berming that exist prior to
Grantee's acquisition of such easement; (b) plant trees, bushes (the "Plantings"), grass or sod, and
install earth herruing; and (c) maintain, remove and replace the Plantings.
2. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel
and the Temporary Easement Parcel for all purposes related to the construction of the Project,
including, but not limited to the storing of Grantee's equipment and the staging of the construction
of the Project. Upon the completion of the Project such temporary easement shall terminate and
Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition
as existed prior to the commencement of the Project. ..
3. Obligations of Grantee. Grantee shall maintain the Plantings and remove any
diseased or dead Plantings from the Permanent Easement Parcel.
4. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns,' m~d others to whom Grantor may grant rights or easements, the right to use
the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees, heirs, successors and assigns shall retain the right of access over
and across the Permanent Easement Parcel to and from the Public Right-of-Way to real estate"
owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing driveway or
any future driveway.
5. Obligations of Grantor. Except for any driveway described in Section 4 hereof,
Grantor shall keep the Permanent Easement Parcel free of any fence, structure, asphalt, gravel,
plants (other than grass or sod and the Plantings installed by Grantee) concrete or other
improvements.
6. Easement and Covenants Appurtenant. The easements granted, created and made
herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Permanent Easement Parcel, the Grantor Parcel
and the Temporary Easement Parcel, as applicable, shall run with the Permanent Easement
Parcel, the Grantor Parcel and the Temporary Easement Parcel, and shall inure to the benefit of
e,
and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors
and assigns. All covenants and agreements hereunder may be enforced by an action for specific
performance, and in the event that a party breaches any such covenant or agreement, the other ',
party may exercise any remedy available hereunder, at law or in equity, and recover from the
breaching party all amounts expended in connection with exercising any such remedy (includir~g
without limitation, court costs and attorneys' fees).
7. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR:
GRANTEE:
City of Carmel
Paul E. Reifeis
By:
Printed:
Joseph C. Staehler
Title: Director of Administration
Elizabeth Barney Reifeis
STATE OF INDIANA
COUNTY OF
)
) ss:
)
Before me, a Notary Public in and for said County and State, personally appeared Paul E.
Reifeis and Elizabeth Barney Reifeis, husband and wife, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement.
Witness my hana and Notarial Seal this day of
,2O0O.
My Commission Expires:
County of Residence:
Notary Public
Printed
STATE OF )
) ss:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Joseph
C. Staehler, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this day of
· 2000.
My Commission Expires:
County of Residence:
.Notary Public
Printed
This instrument was prepared by Robert A. Hicks, Attomey at Law, HALL, RENDER,
KILLIAN, HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633-4884.
Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633-4884.
02663RAH
0 1103100
Project: 97-04
Parcel 116-4W
Sheet 1 of 3
A par't of the Northwest Quarter of Section 35, Township 18
North, Range 3 East, Hamilton County, Indiana~ being that part of
the land described in Deed Record 350, page'720, as recorded in
the Office of the Recorder of Hamilton County, Indiana, lying
within the proposed right of way depicted on th~ attached Right
of Way Parcel Plat of Parcel 11614W of the City of Carmet Project
97-04, described as follows: Commencing at the southeast corner
of said quarter section; thence North 1 degree 02 'minutes 41
seconds East 660.00 feet along the east line of said quarter
section to the southeast corner of the owners' land; thence South
89 degrees 57 minutes 26 seconds West 15.75 feet along said the
south line of the owners' land to the west boundary of
Pennsylvania Street and the point,of beginning of this
description: thence South 89 degrees 57 minutes 26 seconds West
45.26 feet along the said south line; thence North 1 degree 02
minutes 41 seconds East 327.00 feet to the north line of the
owners' land; thence North 89 degrees 57 minutes 26 seconds East
45.26 feet along said north line to the west boundary of said
Pennsylvania Street; thence South 1 degree 02 minutes 41 seconds
West along the west boundary of said Pennsylvania Street to the
point of beginning and containing 0.340 acres, more or less.
Given under my hand and seal ~~/9~
Jeffrey A. ~.~yers
Reg'i:.~tered .Land Surveyor
No. LS29300001, State of Indiana
LEGAL DESCRIPTION
Project: 97-04
Permanent Easement
Parcel 116-4W
Sheet 2 of 3
A part of the Northwest Quarter of Section 35, Township 18
North, Range 3 East, Hamilton County, indiana, being that part of
*'~.' land de
~.~ ~ scribed in Deed Record 350, page 720, as.recorded in
the Office of 'the Recorder of HLn~ilton County, Indiana lying
within the proposed permanent easement depicted on the attached
Right of Way Parcel Plat of Parcel 116-4W of the City of Carmel
Project 97-04, described as follows: Conmencing at' the southeast
corner of said quarter section; thence North 1 degree 02 minutes
41 seconds East 660.00 feet along the east line of said quarter
section to the s~utheast corner of the owners' land; thence South
89 degrees 57 minutes 26 seconds West 61.01 feet along the south
line of the owners' land to the point of beginning of this
description: thence South 89 degrees 57 minutes 26 seconds West
10.00 along said south line; thence North 1 degree 02 minutes 41
seconds East 327.00 feet to 'the north line of the owners' land;
thence North 89 degrees 57 minutes 26 seconds East 10.00 feet
along said north line; thence South 1 degree 02 minutes 41
seconds West 327.00 feet to the point of beginning and containing
0.075 acres, more or less.
Given under my hand and seal Z/~3/~
~effrey A. Myers
Registered Land Surveyor
No. LS29300001, State of Indiana
LEGAL DESCRIPTION
Project: 97-04
Temporary Easement
Parcel 1i6-4W
Sheet 3 of 3
A part of the Northwest Quarter of section 35, Township 18
North, Range 3 East, Hamilton County, Indiana, being that part of
the land described in Deed Record 350, page 720, as recorded in.
tl{e Office of the Recorder of Hamilton County, Indiana lying
within the proposed temporary'easement depicted on the attached
Right of Way Parcel Plat of Parcel i16-4W of the City of Carmel
Project 97-04, described as follows: Conm~encing at the southeast
corner of said quarter section; thence North 1 degree 02 minutes
41 seconds East 660.00 feet.along the east. line of said quarter
· section to the southeast corner of the owners' land; thence South
89 degrees 57 minutes 26 seconds West 71.01 feet along the south
line of the owners' land to the point of beginning of this
description: thence South 89 degrees 57 minutes 26 seconds West
10.00 along said south line; thence North 1 degree 02 minutes 41
seconds East 76.57 feet; thence South 88 degrees 57 minutes 19
seconds East 10.00 feet; thence South i degree 02 minutes 41
seconds West 76.38 feet to the point of beginning and containing
0.018 acres, more or less.
Given under my hand and seal
Jeffrey A. Myers
Registered Land Surveyor
No. LS29300001, State of Indiana
LEGAL DESCRIPTION
I
I
'i RESIUUE A
\ "
,\
\ :.'
, II'..'SET
,I SCAi.E 1" =: 100'
'1
dOO 0 < O0 SO0
EXHIBIT "A"
RIGHT-OF-WAY PARCEL PLAT
Ld
POINT NORTH EAST STAI'tOlt J.
I 14595.57 5290.60 20<)+,54.96 . 'A' J
2 17217.14 5338.41 226,117.19 [
3 14595.55 5274.60 200+F, 4.66 I 0.00 'A'
",,, 18702.20 s~,~.o, 2r~,'~i.,"~'j o.oo 'A'
127 145gG.41 .5229.60 2CX3-t,S4.70 t-45.00 'A"
12e, 14598.60 5219.GI 2OO.tGA-.71
:.:c~!c.' I"= 40''~' , ....,='LEE,~,,.~~'.-~.~'~! a~;;.:'.~J~:~ '~'
NORTli N~D EAST COORDINATES Af,.E
OVE:R STAII0:~S N'ID OFFt,F/S
(-) It;DICATES OFFS.L'r LEFT OF CEN'[[RLINE
SURVEY;j:R STATEMENT
'[o the !.,est of my I,.nowledqe and belief, this plot. tog,::ther
· viith the. 'LocQtion Control P:oute .Survey Plot" recorded as
Docurr, ert Number in the Office of the Recorder of
County. Indicr, a (i:',corpo:'oled and mode o part hereof by reference)
cornpri~:~ a Route Survc. y executed in accordance with indiana ~ ~e .,.
Administrctivu Code 865 IAC 1-12. ("Rule 12"). __ . ,~:. ~.
E.;;7~':::~ TEMPORARY ~SEMENT Jeffrey A. Myers LS2930000
~_,~, .... ,, , ............ ,, ................
O'tiNEI~: R:EIFEIS, PAUL E. E'r UX
DRAWN BY: R.H. MORGAN 12/15/97
PARCEL: I 16-4W
CHECKED BY: D.A. HUGlIES 12/17/97
PROJECT: 97-04
ROAD': F'ENNSYLVANIA ST. ,~:EE6 RECORD 350, PA~ 72%
COUNt': i~,MILTON . (WARgN~ DEED)
SECTIOfP: '~5
TC.V'iNSH:P: .18 N
R..,HGE: 3 EAST
Dimensions shown ure from the ubove listed