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HomeMy WebLinkAboutDesignation Agreement/Well Site #17/Hazeldell Pky and River /RoadDESIGNATION AGREEIMFNTt WHEREAS, the undersigned are the members of the Board of Public Works and Safety ("BPW') of the, City of Carmel, Indiana,(ihe " City" ); and WHEREAS,che undersigned has the :authority to execute 'docutneuts and etj erinto contracts' orn. behalf of the,City in, the furtherance of the City's interest;:and' WI3EREAS, the BPW has on September 15, 2004, by its Resolution No. 09-15-04-03; authorized the conveyance of certain property. generally being part of Well Site #17 and more particularly located between-Hazel Dell Parkway,and River Road, north of 131 st,Street (the "Property"); WHEREAS,,in furtherance of the-conveyance.of the, Property'certain_closing and conveyance documents must be,executed.on behalf of.the City; and WHEREAS, Douglas'C. Haney; as. the Carmel Ciy Attomey, is familiar with the Property and the reotitrements for-the conveyance of the, Property; and WHMREAS', it will further the effective operation of City. govemment and the City's affairs to designate Mr. Haney as an agent-of the.City for purposes of executing ihelabbve-referenced conveyance documents, such agency powers,in this regard being•ezpressiy'subject ioAhe direction and-control of the BPW. NOW, THEREFORE, the undersigned hereby designate 'Douglas C. Haney, Carmel City Attorney; as the duly authonzed.ragent for the City to executeany and all docurnentsrelated to the conveyance of tlie.Property to Platinum; Properties, LLC,.such designation to remain in effect from and after the date this Designation is executed until such,timeas it is "revoked or modified 'in writing.. Executed this 2nd dayaf February; 2005. A 1 ES ianaL. Cordray; easurer Date: 4518212 STATE ©F INDIANA ) ) SS: COUNTY OF HAIvII1:TON ) Before me,_a.Npiary Public in and=for said Countyand State, personally appeared.Mayor-James, Brainard, Mary Ann Burke and.Lori Watson; by me, known to'be the Members of the. City'of-Camel Board of Public Works and Safety,,and'Diana.L. Cordray,,Clerk-Treasuref of the City of Carmel,-who acknowledged tbe;eXecution of the foregoing'Designation-Agreement" on behalf of the City of Carmel;. Indiana. Witiess,my hand-andNotarial Seal -this' 'day of Februaiy,.2005. 62 Notary Public, Signature Notary 'Public -Printed Commission Expiration;' l l `C) County of Residenc' . 65282.2 2. 0FftR To PURCITASF. PL;ATIN" PROPERTIES, LL:C, an Indiana:limited liability company ("Buyer") hereby offers and agrees to purchase certain property from. the CITY OF CARMEN, INDIANA ("Seller"), as follows: 1. Purchase and;Sale. Seller is the owner in fee"simple of certain real estate, located in Carmel, Hamilton County, Indiana` between Hazel Dell Parkway and River Road "noifh of 131st Street, being part of"Wel] Site 417 andimore particularly described on Exhibit A attached hereto,,(the "Property"). Seller agrees-to sell,. and Buyer agrees to purchase the Propertyfor,the ,price and subject to the terms and conditions hereinafter set4 forth and set forth in Resolution No. 09-15-04-03 of the Board of Public Works and,Safety of the City of Carmel, Indiana, a copy ofwhich ,is attached'hereto.as ExhibitB (the"Resolution"). 2. Purchase Price. The purchase ;price. for the Pro_ perty (the "Purchase Price")-shall be Six Thousand. Five Hundred Eighty Dollars ($6,580.00). 3, Payment of P.urchasePrice. The Purchase.Piice shall be paid to'Saller,as follows: Upon execution of this Offer to Purchase (the ":Agreement") by Buyer and-Seller, Buyer shall deposit with Sellet, an earnest money deposit in the amount'oF Five Hundred Dollars ($500.00) (the' Depose ''). The-remainder of the Purchase P'ricei plus or.minus-ariy adjustments thereto, shall be paid Uy Buyer at Closing-in cash or other immediately available1unds'. 4: Due Diligcage. Buyer ackribwledges'and agrees that prior, to. entering; into this Agreement, Buyer had the opportunity to conduct. any due diligence for. the Property deemed necessaryby-Buyer. 5. Taxes. and Assessments. Buyer-assumes and agrees£to pay,(4) all assessments for municipal improyements:becom ng due and payable after;the: Closing and (b,):-so inuch of the real estate taxes, and assessments assessed against the Property as became due and payable in November; 2004 and-.a,11-real estate taxes arisiug thereafter. b. ;Road Improvements. Buyer, agrees to complete, at Buyer's-expense, the'specrfied soad.improvements`on the Property in compliance with all applicable rules; ordinances, laws and- shall obtain, at Buyers expense, any andal1 state and local permits and approvals rerluired for same. Any`suclftoad improvements have been,or will be-approved.by Seller prior to completion thereof. 7., Planting 'of Trees'.. Seller hereby agrees that BuyetImayplant-trees on Well Site #17, a well site owned and maintained`bythe Seller-, asrmore particularly described.on Exhibit B attached.hereto (the "`Nell Site"); provided that @'only trees (no mounding;or,other berms) may 'be `planted on the Well Site;"and (ri),such trees are planted at least one`. hundred (100') feet away from the well.h"ouse; fen (10') feet away.frorr the gravel access; drive, twenty. (20) feet away From the 'waterrmain, arid .atleasttwenty .(20') feet--away from all buried utilities. `The:Buyeris ..fi333QZ responsible,for determining-the location,of'an&working around,such buried.ntilities. The Buyer will, provide -the Seller•wrth Buyer's plans prior to any planting of trees. This righnshall be specific to Buyer and may not be assigned-by Buyer to any other. party without the Seller's written. consent. Buyer also -agrees that it will use ifs best efforts working' with any: and all builders in Cherry Creek Estates and Cherry Creek Ilomeotivners Association to prohibit landscaping°or•activities (including; but'not,lirnited to; sport s and other recreational activities) on, over, under at across the Well.Slte. -In the event sucli activities occur on the "Well Site, Buyer, will cooperate with the?Sellerto stopsuch,uses. The Well Site is in no way to,be considered part of anycommGn.area within Cherry Creek Estates. This paragraph Tshall surVivc°thc Closing. 8. Fees and Expenses. Buyer shall be responsible for expenses reasonably incurred by the Seller-in connection with.th"e,sale of the Property, including but not.liinited to the cost.of publication of notices. jecording"fees, attorneys' fees and other feesreasonably:ineurred.by, Seller as a result of the salc•of'the Property fo Buyer. 9: Closine¢ The Closing of the purchase -and salc.,of the Property- (the ".Closing") shall occur, at a location selected by Seller no later than February 5, ,2005; unless, Buyer and Seller shall agree upon an. earlier or later date for the Closing. 10. Closin 1]ocutrients At the, Closing, 'Seller and Buycr =as appropriate, shall, execute and deliver (a) a lrrnited warranty deed; (b) `an lridiana:Disclosure of Sales Infonnation Form; (c) a "closing statement, and (0) such other instruments, certificates or affidavits-as may be provided herein or as Buyer may reasonably request, to effect Ilia intent on, of the parties hereunder. 11. Date POssessl'on.. Possession of the Property.,shall'be-delivered to Buyer on -the Closing . 12: Rights and Obliaations., The rights and obligations of Seller and Buyer herein contained shall'inn5re;to the benefit of and be binding-upon the parties hereto and their -respecti ve person al:representatives; h'erra, suceessors,arid:assigns. 13. Noticass All,notices? required or permitted. to be given hereunder shall be in writing and delivered in person, or by certified' or registered first-class prepaid mail; return receipt requested, or by a nationally recogntzcd byemight courier to Seller, or Buyer. at, the'i'r respective addresses set forth below, or, at,such. other address, notice of Which may, have been given-ta the other party in accordance with this paragraph.13, Seller:: City of Carmel. One Civic:Square Canneb.Ind ana 46032. Attention' Board of Public Works and . Safety 63330:2. 2 Buyer: P1'atinurgi Proporties, LLC 9551 Delegates Row Indianapolis,.Indiana 46240 Attention: SleVen'R. Edwards Any notice,given in:aecordance with .this paragraph shall be deemed:,to have been duly given or delivered on,tbe.dateathe same-is personally delivered tothe recipient or received by the recipient as evidenced by the return receipt or signatbre'acc$ptance, 14. Condition of i ropertv. Iit is understood and agreed that the Property is•being sold .,as is" "where is and "with all faults'!; that Buyer. , has"inspected the Property; and that Seller has made,no representation-or war>antyas to the physical condition or value,ofahe'Property. i5. Compliance with Laws. In purchasing and developing the-Property,; Buyer shall comply with all, applicable federal, state and local laws;'rulc"s; ordinances; regulations and processes including but.not limited to zoning arid.pennif ing.. '16. Representations and- Wairanties of Buver. Buyer. shall develop the -Property in accordance with ,tgms and conditions.of the Resolution. IT Survival of Represcntations Warranties and Covenants: Each of the obligations, covenants, representations and warranties of the parties hereto set 'forthdri -this: Agreement shall survive the,Closing aii&shall "not-be- merged in the deed,or other instrumentsof conveyance. 18. Assignfui m- Buyer;may not assign.this Agreemenbwithout the written consent of Seller: 19. Comblete Agreement. This, Agreement-represent's the entire lagreement between, Seller and Buyer covering everytliiq..agreed upon:or understood in this. transaction. There are no oral promises, conditions, representations. "understandings; interpretations or terms of any kind as conditions or inducements to the execution hereof .'or inoeffect between the parties, No change' or addition shall be made to'this Agreement except bya written agreement executed by Sellenand Buyer 20-: Authorized Signatories: The persons executing this Agreement for and on behalf of Buyer and Seller each represent that they have the requisite authority to bind Ylie entities on whose behalf they are signing. '21-. Partial ,Invalidity. If any term, covenantor conditidwof thtsl?Agreement,is;held to be invalid or unenforceable in any respect,;such invalidity or+unenforceability shall not affectany other provision hereof, and ,this Agreement shall be construed .Of such.invalid.or unenforceable provision had never been contained'herein. 22. Use of 'Brokers. Each,party represents and warrantst:to the other that.it,has dealt with nd broker, finder- or, other. person with respect. to this Agreement or the transactions.. contemplated hereby.Mler and Buyer each agree to indemnify and.hold harmless onc-another 63330.2 against any `loss, liability, damage, cost, expense or clairn incuried'wy reason of any brokerage commission or fmder'st fee alleged''to be payable because, of any,act, omission or statement of the indeuamfying party. Such indemnity obligation shall be deemcil to. include'the payment of reasonable attorney's fees and court costs it3curred.in,defending any such claim. 23. Goveinine Law-: Constn3ctien. (a) This Agreement -shall'be interpreted and enforced.accordingO the laws of the Slate.of'Indiana. (b) All headings" and sections of this Agreement are inserted for convenience only and do not form part, of this Agreement, or limit, expand or otherwise allerthe.meaning of any provisions hereof. (c) This Agreement may beexecuted-in any niimber of counterparts; each of which shall" fie deemed to be an original'-and, all of which shall constitute' 'one and the same agreeinerit:• (d) The provisions of,thi`s Aa eement.are intended to be•for the:sole benefit of the parties. hereto'and their respective successors and assigns, and none of the provisions of this Agreement are intended to be, nor shall they be cons trued, to be, for the benefit of°any third:party. 24. Time of the Essence. Time is of the essence for the performance of each and ,every-covenant contained. herein. [THFS, SPACE INTEIVTION.ALLY`LEFT BL:ANKJ 63330.2 4; ei DUY1:Ra PLATRiUM.PROFFRTM,S, I.LC By: Printed: Q -Yrm 2 , C7Jw° j Title: FIEF Fli.IfC 1A? C1t1Gr<ZF? ACCEPTANCE The undersigned Seller accepts this Offer to Purchase,;upon and subject to the teizns and conditions-set forth herein: Dated,this ? day of d 2005. CITY OF CARAffiL, MLSNA By and through its Board'.af Public Works and•Safety . 63330.2 5 C,DASllL716 E,RAIREERS LAk? SU.RYEY0R5. + . as-FWs xruax 13tH ?a vis.. t xaass wit . ru rnt» us AQ, ca.(siai x.3xG '?sras s:o -Firm TI 35.99" Exhibit A PACE-1, OF '3 -44 r L? A. R S U R M f Y O .R 5• --?? 8710 Wmit'& U • fdmy F1 4%M .. - ptiJ w=ssss . s-mo=M-tsv . PAM (3:* srs-sya {; - 4 ?3405 -alR;asws F-F6C 6S1?. s1B=FLE,Rn.m,g,•?:i - LWAUD1SCi WnON b?°C Apa[cft6c "uocdLuii Qoartor ofSatioa 22;,;o syP:78 Hard; lt?8?dpas; l3ainilton ma°pardcalarlY r7acn3cd as fnllowa: ro?Y. lvdiaci; secar u. t6eNort3reast comer of said Southeast Quutq ilmg Se?oo; tLeaa 5oufli 89 degius 30 minutes 17 .. die Nort6'line ofand SrntliuaytQ Z4ocdfatto die Nodiwcs't ofthe? hiredtsm'6ed?n 1-ft ns41 9502729 in the Oda 0ftlx Reavrde ofHamt7toax CoimtY: Iadlma; ?`aa Soof500 dcgias299 mietaes d3tecmds Past d¢aigdm Westliceofenid teal estate d22.54fxtta t6'cl'p1A*f'OF .. B'fAAt'?.i?g 011dcse?pfloq avd point iim 6eiag apoid aft ve mera've wwtcr3y, the radius point of . uidlsave . d:-V=49in?32 Txavds Eut 50.00 feet fxotsaid said a¢ve 15250 tnet ln'lhe p9? 'tlta>u coullmdy nltmg caeeuds f?as150 O feet from ?C?'z if tn add Curvy s.udpaiuth°°G Sou$ 24 tlegtees 04 na$?uGt 24 crnuve wutlKisptrlyi dtc rmmlitrp point ufsd=va Ftidpoiat Also being& Point ofgm'atum oft c" _ feet ? said pout ofctid etcve being Socth 24 dcp= 04 ndmrtes 24 txoeds East SIX Ppm{.theaee soodrwectody Hong raid Maw 57-Wfect to the point of pouitlieiug Scrdh 89degtas30miiiat?77 semnds West 50.00 feet from tangeric70Csudcure ,savI. . South' 00degaas29.minuta 43:s4vad& Hest t4c radios`pemt of said enavG tii ofiatrahui ofrctutti concave pazx0dntheW Fiae ofastd seal ciate,154.96 ki tto thcp0lut', - e?:dy the ttdiaspamt of said calve . seconds Past 130.Do feet from Said l * ihacc aoinlxal SNortL S9 degiess 30 mioytu.l7 eadr, mod, y along said mm 90.53 feet to apoint®the Son& liaenfs®d real _ Po g Sash 49 degsea 36 ?st=17's'ocear s West 130:(30 feet firm the., radiuspci-t-f-aidonvm'Chino-Sou$S9. dog 30minnles 17&=nds West along ssid.Soudslin 35.99fd n 76e,Wa hoc of sa d Coal atate;'tlirzee?Ia-M 90 &v=29 mm:d<s 43 rccoadt West along said Wrst line 377A6 fee to the Place ofbcgmurng,'.cagta®gp;I g8y umre ty righis.af ways, mse'=ts. and ntstrsed= ofztWid sulijar b e111cga1.6igtiwrays,' !,`\i?It??[?y?;wb?r[NAaaaMYOa?jd ... O 40? x QIl,R5urulII& .E mlIRCER.S' L: A R, D S U 'R, Y E T 'o R S -- - ?rrt`aq-slss • i-eod-rze-un . Fi {iip ero.yu ?? ?: 43405 . _ _ ..{R {1105 .%-illC 41W9.SU9-fal= Ry FAC9R.i' SCALE: I?'_ A put . L}1QAf,fIESCRIP7'ION: .. °B o?Par4?Ydcsinibodof o vh Tawnship.16Noitti,Rye. t HvmMon Camax?cmg ei the N«W2nst coma o€iwld Soul6ast Quat? Sectiao; 60Xc South 99 degr= 30 a?mnks 17 . iccvnds.Wwt dwg the NoRh Illle of said Sogl4easE Q¢aitt 2Q08.07 fug §o_thc NanLrast eainrr of tbtieei estalo desmbed ia lingt?m[ No. 9562773 ®the O ne o(tl a ltccotdei of lfm®l ou P,,t li OP B8[7Q'II''@lG.of thu descr of ;rr: tip sw,ti, ao aegiye,i9,mm;ires s3 C°?`v, Haim.; sad ihe:. Esst lioc of 'o.. el d7atcr100.00 feeY,.tlxme.Saufh 89 ?? i?0°B ?. Nor>h line of said coodicast.Q e S _ ut to de thteers30Kmne afrai ori7dealree Wat,w:,u:;..._ 00 ' Wecficofiihaid cace Sou}Z?- • dcgecs 24 mmutca 43 teeovdy,WcatallcongSai dd West line 100.00 fst-to the NoNli fort fslhr??_'.. QuaPcr 6imee NoNiie9dogecc 30 mutmcs l7secoads East elo"ny saitf Noithime 450.00 fectto mePiicc of 1.033 &erm, mote or Iss, suhjeitto'aa tepd highi up, r+6ht¢of sra ttsfocdons of tccm3 - Ys, eascmeets; and sawweaoe<riwe vrro®„r , LiLbibit A Page 3 ;of ;3 RESOLUTION No. 13PW-09-1.5-04-03 APPROWD AS TO FURL/ SY A RESOLftrON OF THE.BOARD OF PUBLIC WORK&AND'SAFETY OF THR CITY OF CARMRL INDIANA, REGARDING THE SALE OF REAL PROPERTY WIIEREAS, the City. of Carmel,, Indiana (hereinafter, the "City.") owns, certain property, located between Hazel Dell Parkway and Rivert;Roadnorth of 131st Strect, which is part of Well Site #17, in Carmel, Indiana; such property laetng more specifically described in,,the attached Exhibit iiieorporated herein by reference (the "Property"); and, WHEREAS,'the'Property is in excess of whab:is required for'the on-going use and maintenance of Welt,Site #i7; and. WHEREAS,,the Property is in apart of Carmel which is in.ihe.midst of-significantdeVelopment and WFIEREAS., to further the development of properties thaC abut the Property, an abutting landowner would likely need to obtain the Property to use.for imdwaypurposes; and 3'VIrEREAS, therc is no further need for the Property to be used'zs part.of Well Site #17 or for ady'otherpublic purpose other,,thanroadway purposes; and WHEREAS, the., assessed value of the-Property is such that an appraisal is noV required by Indiana Code ('1 C.' Seetion°3b-1-11-5; and SVHEREAS, in order,lo4acilitate the.appropnate use and development of land within the City, the highest and best use, of the Property.would be and is to sclHt to an abutting landowner for roadway purposes. NOW, THERF,FORE, BE IT RESOLVED that, in accordance with the provisions of CC.36-1- 11-5; the City of Carmel Doard of Public Works and Safety'hcreby approves and meommends the sale of, the Property as described herein; subject tathe following terms: 1_., The foregoing Recitals are9ncoTorated herein by this reference. 2. The Property shalt6esold,ptrrsuant;to I .C. 36-1-1 1-5 for roadway purposes otilp, 3:1 The sale of'the Property shall be,conditioned upon the City's review and approval of. plans for ttie roadways and the residential development of the land abutting the Property and. upon compliance with, ell :app]icable City building; permit; approval- and. review' procedures. 41 The purchase price .for the Property shall not be less than $6,580'00, increased by reasonable and"cu'stomary closing costs, all to be paid by the party who purchases the Property,- -which closing costs shall include, but'not lie limited to,publication,'recording, legal and other'expenses incurred by the City fopandas a result of such ,sale, 624N.1 EXHFB TT B - Page I of 5 Resolution of The Board'of Public Works and Safety+ 5.. The, party who'purchases the+Property shall enter into an agreement with the City to maintain the surface and landscaping of Well Site #17 at no. cost to sthe .City, and. containing such other terms and conditions as,the City require. PASSED by the'Board of,Public Works and,Safety of, the City of Carmel; Indiana, this day of September, 2004; by a vote of <'Z ayes.-and nays:. CITY OF CARML, MIANIA By and tluough its Board of Pub-lie-Works and Safety o, STATE, OF'INDL4NA ) SS: COUNTY OF HAMILTON } Before nie„a Notary Public 'in and for'said County. and State,, personally appeared P ec 3aays 137?tt1Attj, Mary-Ann Burke and,Lon Wa?s?on b? known to cAe Nicrnbers'of'ale City . of Camel Board of Public Works and Safety, and ana'•L: or?ray, Ccrk-?reasVc of the City of Ca acknowledged the execution'ofdhe foregoing "Resolution" on be alf'ofthc City ofCarmel, rmel, who Indiana. . Witness my hand and Notarial Seal this ?S <day of 2004. - < Notary. public Printed-Signature ComnissionExpiraiion: 'f?69?oH Count'yof-Residence: 4:jamr j#)rl 6?434J 2 1 XII FT'B -•Page 2 of 5, By: Q T eae 7arnes.Brainard, Presidiiie Officer y . C.O. N,S U,C I'i R G E a.6 l k E E I-S b A-A,D. S U& Y E 7 4 D$ NIOYIA..ld: • fhhi 4M48, 1?m w {sis iam rn cs?te. rix,,[ to w-ssi: ?•d 4s4o?_ 35.99' Exhibit A .. ?AGE. I OF- 2 :EXHIBIT B Page 3 of '5 EXHIBIT.A + 60HSUlTIp?t IKHI[EIS. ?q? L A 'A D 5 'U R V E T 0 1 S o ?a a.w t ?i a x espst - P --- pr?l w ?s . i m ?a en r 1314 M-sea _. tort as?ce. x=tuE-._wsw tva-Rt as s]Pfatr , f?DESCRI,MON A pair of 3e &attlheaet Quy}¢ of Sac7idn 22;.TcimsWp 18:Nc:tb, Range 4 Sss4 Llaisiltca. CO-6; Jpdiam, >,cmgmcao pardct,iuiy daact$?ufol7uwe; - Comm?cia¢at the liorthma n;n,....r..;Ac_.u?_.., - , Nis! being" 89 degtta 3o mim Sm 00 degle 29.,minntea43 aa:oi of c tboc of a nnsve coacavc ixsn awon& Fist 130,OO-fcei from said Po line of said rail cayuc, aeidpos bcih ?ediuipoial of said cwvc,.fhcace So,i ra the wcat line ofsid rceE cspte; tLe 377.46 fact to the place ofbopioding, - rights-of-.wrys, cari?wf . and resiria %'MlmPl+rMwSV?: r ? v.?ailNfY armt 0:1 Exhlhft A. ?AGE .2 OF 2- IMMIT B - Page 4 of 5 bath 24 dagrtta DI iia!=mce 24 lag the post of ciavibae.4fa Bonn of-mq inter 7$ arsuuds East SO.o0. ioiat of MI9-cy of said verve, card e'radnu pnim of laid tune fheaai i'ul ulase,154.96 fitt ld t}?pant NPAh 694cgri6 3o misu= 17 am fat In a poi, oo the soot, Ids we" 330.00 foot Eoin the 'ett clove said'9oidh lint 35.49 fcet Mnes-Wa along uid Went lift bi=to all leeal L66-.- EXHIBIT I-li`6 E,q?6?1 R[ E,R-S C 0 K S I" l AND • S. U. R Y E y b R S 19a'ATAwMP?. ?-=FhdR N 15py istr}'w-sau:s ?-me-Tm-ety . iu (ai?,ea-ssu ox +?^ : K-ilIL. i,)etl sq-RL•-MD6tUjT ? LEGAL i)pscRpmof4 SWE. 19B 0??_ 43406 .. tieing omme Petb'nsvly dmmbcd m oll? To?`tahip IB Noitb,:RAW q po? limunton Cor?ty _ S C-="-,g m Ib<No[thcssc Wo of Wd $w tL,a Q-H. Sacgon; tbeutt $oolh 89 de evm7i desetibKd in 7maiment No. 9502 291n Scudei Qu? 2008.07 fns fo th NOhbc t Oa a of.? 17 themA. Q=t:r, thence Nw6 89 dcpxes 30 ®Initks ]7 bcgiacing•'rantq}niing 1:033 ecru, rooto of las, tun3cdo ofxwoid.. firic m0 pf fiend s't!?WN.14A9P fitl30IT9 VAKK.LyrypBya?y Exhibit A EXHIBIT' 13 - Pager of.5 ILIIIIITEDWARRANTY DEED THIS INDENTURE WITNESSETH, -that the CITY OF. CARMEL, a municipal corporation ("Grantor" ), CONVEYS AND SPECIALLY WARRANTS to PLATL'Vi9N1 PROPERTIES, LI_C, an -Indiana limited' liability company ("Grantee"), for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the, receipt of which is hereby acknowledged' certain. real estate located in Carmel„ Hainilton County, Indiana; and more particularly" described in the attached Exhibit A, 'subject: to (i) taxes and assessments due and payable in May, 2005 and all taxes and assessments arising thereafter,_ (n)-public-rights of vv (iii) matters of record', and (iv), any matters that'would`be: disclosed` by an accurate survey or inspection,of,the Property, The warranty of°title by Grantor is lirnitedto a warranty-against the acts.of Grantor and those claiming by, through or under, Grantor, and not otherwise. IN WITNrESS' WHEREOF, Grantor has caused' this 'limited Warranty' Deed to be executed this day of3a3=y;.2005: CTTY,OF CARIvIEL.. B y: DouglasC.'ITaney„ City Attorney, and Designate Agent 63432.1 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Douglas C. Haney, by me known to'be the City Attorney and Designated Agent for the City of Carmel, Indiana, who acknowledged the execution of the foregoing "Limited Warranty Deed" on behalf of the City of Carmel; Indiana. Witness my hand and Notarial Seal this Au day of 2005. G Notary Pu/??lwi • &-?-4106- B/f S 5 Printed Signature Commission Expiration: OC TnB&7 93, aooV County of Residence:- ©M15erj This instrument was prepared by: Tammy K. Haney, Attorney at Law, Bose McKinney & Evans, 600 East 96th Street, Suite 500, Indianapolis, Indiana 46240. Send tax bills tot Platinum Properties, 9551 Delegates Row, Indianapolis, Indiana 46240. 63432.1 2 CO NS UITIMG ERGI.REERS LARd 5"U'RYE'YORS JOB D 9940 uc=Ak PA • n 1u2;,& 46M fOHI?OL d, 434p5 (317J 149-5955 1809-17R-691Y• FAY; (317) 149-5942 qR a3W5 x-FTiE 13505''31184 IRW..D &T 1 EXHIBIT A -.Page:l:of 3 CANISULT1_H6 1KGIHEf,RS LA'HDSURYEY6R5 9910 ANSOMICU. • Futon IN 16091 {S i) 849-5935 . --eon-72VO17 . ra. (Sn) 549-!k nfR;: a3?oa x-PL 1540s, ma-fM, qW F)RD7 1. LEGAL DESCRIPTION n? m 43495 Apart of the Southeast Quarter of Section 22,-Towosiup,l B North, Range 4 East, Hamilton County; Indiana, being more parf ularlydescnhod m fullov.s: CoEQmencing at the Nartheastcomer ,ofsaid Southeast Quart,,5ectioa; thence :South 89. degrees 30 minutes 17 seconds West along, the North lneof said'Soulbeast Quarter 2458.07 fee to the Northwest comer of the real ' Soutuih 00 !m do dee. gr ih ne,[ No. 9502729 is the 015ce o£ the Rcwrder'of fIevrilton Ca`ttnry, Indiana;. ilicace rees 29 9 mi minutes 43 seconds Fast aloag,the Wes- line of said real estatd.ih.54 feet to the POINT OF HEGINNING of thin descripaan, said' point also being a point on?a curve concave westerly, the ndtus point or said curve Tieing South 18.degrexs 49 minutes 32 seconds East 50.00 feel from said pour [bane southerly along said c&ve 152.50 feet to the point oftangeney of said curve, said point being Soutli'24 degrees 64 minutes 24. seconds East 5000 feet from the radius poini of said curve, said point also being fhe point of curvunne or a calve, concave southeasterly; the radius point of said curve being South 24 degrees Oq minutes 24 seconds East 50.00 feet from said point;, thence southwcsterly,along mid curve 57.96 feet to the point oftangi oc of said curve; said point bdng South 99 degrees 30 minutes l7 seconds West 5000 feet frora-thc mdius point of said curve; thence South 00: degrees 29 minutes 43 seconds Past paruyei to the West Ime of said real. estate 154.96 feet to the point of curvature of a crave concave easterly;. the mains point of said aurvo being'North 89 degrees 3D minutes 17 seconds East 130.00 feet from said point; tbenc'cjwuthcily along said curve M53 feei io a point: ao: the Soudi line of said real w me;said point being South 49 degree 36. minutes :17.second9 West 130.00 feet from the nuc ys point o£ gaud cun,e;.thcnce South 89 degrees 30;mumtes if 7 seconds West along said South U= 35.99'feet to the West line of said rc51 estate; thence North 00 degrees 29 minutes 43 6eeoads West along said West line 377.46 feet to the place of beginning„ coramaing 0.1 &B'dcres, more or less, subject to all lega4. highways,. rights-of ways, emements;aid rmtriaia`ns ofrecord s:ws awtw aunnv. t w4a? S'nFCCiLr t.2AP1' EXTTTBIT A -.Page 2' of, 3 CO NSULT.ING ENGINEERS A0 LAND SURVEYORS 9940 9 wA. Rd • FBMm 01 46038 , 43405 (317) W-5935 . t-bon-118-6917 . r1S: (317) 949-594 M 4N. X-r - 43405 SUB-ME: " r>71rdr 2 SCALE: 1' 80' LEGAL DESCRIPTION A part. of the Southeast Quarter of Section 22, Township 18 North, Range 4 East, Hamilton County, Indian, being more particularly described as follows: Commewing at the Northeast.comer of said Southeast Quarter Section; thence South 89 degrees 30 minutes 17 seconds West along the North line of said Southeast Quarter 2008.07 feet to the Northeast comer ofthe real estate described in Instrument No. 9502729 in the Office of the Recorder of Hamilton County, lndiaaa; and the. POINT OF BEGINNING. of this description; thence South 00 degrees 29 minutes 43 seconds East along the East line of said real estate 100.00 feet thence South 89 degrees 30 minutes 17 seconds West paralleltp the North line of said southeast Quarter Section 450.00 feet to the West line of said real estate; thence North 00 degrees 29 minutes 43 seconds West along said West line 100.00 feet to the North line of said Southeast Quarter, thence North 89 degrees 30 minutes 17 seconds East along said North line 450.00 feet to the place of beginning, containing 1.033 acres; more or less, subject to all legal highways, rights-of-ways, casements, and restrictions of record ' svsaswa,raw swan[r z w?axaxty o®,v sm.ba r.ma EXHIBIT A - Page 3 of 3 CLOSING STATEMENT Seller: CITY OF CARMEL Buyer: PLATINUM PROPERTIES, LLC Property: Approximately 1.221 acres in Hamilton County, Indiana,. as shown on Exhibit A Closing Date: February 2, 2005 Purchase Price: $ :6,560.00 Expenses: Recording Fee Transfer Fee POC by Seller Publication Fee POC by Seller Attorney Fees - Bose McKinney & Evans LLP 156.64 5,123:50 Credits to Buyer: Earnest Money 500.00) Balance Due to Seller at Closing: $11,360.34 Buyer shall pay all assessments for municipal improvements becoming due and payable after closing and so much of the real estate taxes and assessments assessed against the Property becoming due and payable in May, 2005 and all real estate taxes arising thereafter. BUYER: Platinum Properties, LLC, an Indiana limited liability company By:-Zwo-A Printed -7j -r l f S. AwG? •E Title: -jib 2 ;sir N14,V4 2 SELLER: CITY OF CARMEL neyDesigna ; City Attorney and d Agent 63441.1 L C00SULTIN:G' E-N0,1NEE,RS L,j S U R,V E C O R S HAD +a nG Ri • r 1h., M +5533 {317) 619-5935 - 144-718-6917 • FA ;,(317) &9-5912 WR UiO] :%-FlLE: M1I05'. SUO_ML 9W E MT :q8 43405 LE: 1' 60' EXB-Mlt A.-Page 1 6f3 CO°NSU01KG ENG'IN:IERS LANG. SURY.EYO,RS 9940 Alh-A4 Rd • futon, W 44078 (317) 949-5939 . 11=900-778-fi9g1•• FAX_ (317) 949-5942 Ga:'43i0e %-Mi 43405s0o4£n{, aW rJeir 1 LEGAL MsciumoN xa`o { 43405 A putof 9do Southeast Quarter of Section 22 jownsltip 18 North;' Range 4 E.a% Hamilton County, lncEma; being more puricufarly_descnbednsfollows: Commencing at the Northeast comer of said Southomt.Quarter Section; thence South 89 dogleea 30 mmuo. 11 seconds West along the North line of mid Southeast Quaint 2458:67'fCelt to the Nozihwest Comm of the real estate desert bed in Instrument No. 9502729 in the OfUe of the Rccordcr of Hamilton County;-Sadism; thence South 00 dew 29 minutes 43 seconds East along the West line of said real estate ,122.54 feet to ihr. POINT OF BEGINNING,of this dosmiption, said,point alsobeing a point on a curve concave westerly, thersdius pointuf said curve tieing South 18 degrees 49 minutes 32 seconds East 50.00 feet from said poinh thence southerly along satd'curve'162.50 feet io.thepoint of tangency of said crave, said point being South 24 degrees 04 minutes 24 seconds East. 50.00.fcet from the radius point ofsaideurve, said point also being the poiai of curvatutc oCa curve concave sbutlieaste'rly, the radius point of said curve being South 24 degr.04 minute s 24 seconds East 50.60 feet fmm,said pbmy thence southwest iy along said carve 57.96 feet to the point of tangency of said curve, said point bcmg.South 99 degrecs 30 minutesil7. secotids West 50.00 feet Gem tlic radius point of said curve; thence South 00'degrees 29 minutes 43 seconds Fasi'patsllcl to the West line of said real estate,154:96 feet to the.. point of curvature of a corveconcave easterly, 6.1. ratlrus point of said _curvebeing North 89 degrees 30 mtuutcs 17 seconds East .130 00 feet from said point; thence southerly along, said curve 90.53, feet to apoint on the South line of said real estate, said point being South49 degrees 36 minutes j7 seconds West Ii .00 feet from the radius point of said curve; thence South 89 degrees 30 minutes 17 seconds -West along said South' line 35.99 feet to the West line of said real estate, thence North 00 degrees 29 minutes 43: secoTjda Wes! along said West he 377,46 feet to the place of beginning, containing D.168'aaes, more. or less; subject to a0legal bighways, rights-of-mays, essemcros; and restr c oua of record. a:HHOSI ;e[atw 5%}a9rr I WABPANtt naei? s?meria,xm4 _ .. EXIMIT A -.Page,',2 of 3_ COHS.U•LTING. ENGINEERS L,A_N i? Q.S U R Y'E I 0 R.S 9910 AI6mn? pd ran.n„w ;?sau (6171 M9-59$5 1890-]tB-G9I1 . FAX' .(SI7) 619-3942 OIA:'?SUS %-Fa.E :+alesi sUa-FILE aWOaW¢T i JOB 0 tANfTiq, f. 634p5 . SCALE:., BO, . LEGAL DESCBIPPION A paabf the SoutleasQuarter ofScthoa22, Township1S North;;kan4 being matepard6uarlydescribed ayfo!lows ge Fast' HamiltonCanary; Fndisoa, Commencing at the Northeast comer of said Southeast Quarter Secttoq thence South 89 degrees 30 minutes 17 seconds West along the korth line of mid Southeast, Quarto 2008.07 feet to the Nord east corner at the real estate dcscribW in Instrument No. 9502729_ rn,the Of9ce of the Recorder ofHamhlton County; Indiana; and the POINT OF. BEGMENG of this description;theace South 00 doe= 29 minutia 43. seconds East along the East line of said mw estate 100 00 fcet thcpce South $9 degrees 30 minutes 17 seconds West paiallelto ttie North Ime of said sauthcast Quarter Scctou 450.00 feet to the West liiK of said real estate; ihchceNorth 0,0 degrees 29 minutes 43 seconds West along said West lined 60.00 feet to the North line of said Southeast. Qnatter; thence North' 89 degrees 36 minutes 1'7 secoads Past along said North Grie 450.00 feet to the place of beguutng,,coatauvug 1.033 acres, more or;iess; suhject to ®t legalhighways, rights-ef-ways,.cmemcots, and restrictxoas,of record, SMSaoni?raLW hYit®[rZwnannem nTi.Flt,ir - - sro?4=?a:iaa EXHIBIT A - Page 3 of 3 VENDOR'S AFFIDAVIT The undersigned, being the designated, agent for the City of,Carniel, liidi'ana.("Vendor"), being first duly sworn, states thatVendor.is tlus`day conveying to Platinum Properties, LLC,, an Indiana limited, liability company, by Limited Warranty. Deed. (the "Deed"); certain real estate and improvements Iocated iii Hamilton County; Indiana, and more°particularly described on the attached Exhibit A (hereinafter referred to as the "Real Estate"). Vendor has an estate in fee simple in the Real Estate; and"the Real Estate is free and clear of every, kind of description,of lien, lease or encumbrance other than those matters disclosed in the Deed, or otherwise herein;, provided,: however, such warranty is limited to a warranty;against the acts of the Vendor. and those ,claiming by, through or under V_endoi during or-in respect of Vendor:'s period of ownership of.the Real Estate. Neither Vendor nor anyone, acting 'by, through,or under Vendor has.either executed;. or permitted: anyone to execute, any conveyance,, mortgage; lien, lease, security agreement, financing statement or encumbrance of.or upon, the Real Estate or.any fixtures attached' thereto, except as stated'above, which is now'obtstanding or'enforceable againsttHe:Real Estate. Vendor has made no contract to. sell all or a part of the Real Estate to any person other than the Purchaser, and Vendor has.not given,to any person an option to; purchase all or anypart. of the Real Estate, which is enforceable or exercisable now or at any time in the future. Neither Vendor nor anyone acting by, through. or under Vendor- (excepting-Purchaser-.and. anyone acting by, through or under Purchaser), has pernvtted any unpaid claihis 'for labor done upon or materials- famished for the Real Estate'for which liens have or would be filed. To Vendor's knowledge„there are no pending. special assessments, or other,charges against the, Real Estate as a result of any improvements bensfitting;the Real Estate; Vendor has ieceived'no notice of any such assessments or other charges and no notice of any.condemnation or other exercise of the power of eminent domain with espect'to the Real,Estate. Neither Vendor nor anyone acting by; ihrough or under Vendor. has permitted a judgment ofaany`court of the State of Indiana or.bURhy court of the United States. that is,ormay become a lien on the Real Estate: No petition;for`bankrtiptcyhas?been filed by or against Vendor within the last six months, nor is any petition now pending with respect to Vendor for bankruptcy, insolvencyorincompetency. The Real'Estate is now in the Possession of Vendof as owner and no person other than Purchaser has a right twpossessiom or claims'possession of all,or any part' of the Real °Estate, Vendor will deliverpassessicn of the Real Estate to Purchaser on or before.the date of"closing, free and clear of any right-or- claim of any person to the possession'cf the'Real`Estate.- Vendor is not acting, directly or-indirectly,.in any capacity whatsoever far any foreign country or nation thereof. The person executing tliis'Atfidavit and the Deed on behalf-of Vendor has been fully empowered `by proper authorization and designation by Vendor to execute and deliver this Affidavit and the.Deedl Ven dor- has, full capacity to convey the Real'Estate -described herein and all necessary,action'for the+making of!such conveyance.has been taken and,done. 63436.1 Vendor intends that each of the statements made herein shall be. construed as a representation. Each of the representations isf made "for the purpose of inducing Purchases to purchase.the Real.Estate. The person execubng:this Affidavit and the deed on behalf of Vendor is authorized to execute and deliver this Affidavit and the Deed. Vendor has fill] capacity to convey the, Real Estate described herein and all necessary action for the making ,of' such conveyance has been taken and done. ;Each of the representations, wiiether construed-jointly or severally, is true. Vendor expressl 'authorizes P.urchaser`to rely on such representations. VENDOR-, CITY OF CARMEL By: Douglas C Haney; City Attorney and Designat d Agent STATE OF INDIANA ) ).SS: COUNTY OF HAMILTON, ) Before me, a Notary Public in and for said County and -State, personally appeared Douglas C. Laney, by me known to be-the City Attorney aril Designated Agent for;the City of Carmel, Indiana, who ackno?vledbed the, execution, of the foregoing "Vendor`s' Affidavit" on behalf. of the City of Carmel,,Indiana. Witnessnty hand and. Notarial Seal_tt is day of Commission Notary Public r tr," Printed` Signature 63436d' 2 C0NSULTU; EXGINEERS L.ANO S'UR=YEY0R5 9949 Mum-0q ll: • lishm, EI.Jfill7l (317) leg-5935'• .1=110-726-8l7 •. FOX- (317) 189-5912 .Olk 43403' [-FILE 43i 5 987E 'lW MCT I FXIMIT A - Page' t of 3' 7?6 p X43405 CON,SULT'I.KC ENGINEERS JOBS LA.NO,SU_RVE•Y0'RS 4910?JAbmalh aa. • ram, ei;4suv LOH{pOL +' 43405'. (5M 849-5955 ,' i-lw-7fB-6911-• MAW) 84949{7 eltli /}4asx-nj - 43<6 ste=s>LE?RW t Isl i LFGAL DFSCRR?T M A part of the Southwjt,Quarter of Section 27, Township 18 North Range 4: East; Hamilton County; Indiana, being more p'articularly.dcscabeA aS'follows: Commencing at the Ncttheast corner of said Soothe smQuf Seotiaq`thencc Suulh 89 degrees 30 minutes 17 seconds' West along the North line of said Southeast. Quarter 2458.07 feet to the Northwest comer of the traf estate described m•Imlraunent No_ 9502729 to the Office of the Recorder of Hamilton County; Indiana; thence Soutb 00 degrces_29 minutes 43 seconds East along the West Hw o£said real estate: 121:54 feet to the POINT OR BEGINNING of,this description,said point also being a paint o¢ a curve concavawsterly, the radius pointof stud curve hung Seutb f 8 degrees 49 minutes 32 sceends Fast 56.00: feet froth said point theca southerly along said curve 152 50 feet to the point of tangency of mid• carve, said point being South24"degrees 04 minutes 24 seconds Fast 50.110 feet froin the radius point of mid clttve, said point elso being _the point of curvature of a curve concave sootheastetly; the radius pointofseid aurve.betng Soudi 24 degrees D4 miautrs 24 seconds Fast`50.00 feet Yom said pooh; thence southwesterly along said curve 57.96 feet to the point of tangency of said curve; said point being South 89 degrees 30 minutes 17 sccondsVest 56.00 feet fmm the radius point of said curve; thence South 00 degices 29 nouns 43 seconds East parallel to the.Wesfline of said real.cstate 154.96 Feet to the point of curvature of a eurs•e concave easterty; the mdius point of mid curve tieing North 89 deg ' 30 mjnutcs 17 seconds East I30:00.feet E6 Said point: thence southerly,along said curve 90.53 fact to a point on the South line ofsaid real e.9tate; said point being South 49 degrees 36 minutes 17 sccoads West 130.00 fail from the radius point of said curve. thence South 89 de " greys 30.19iinutes 17 sea' odds .West along said South Tine 3549 feet to the W est line of iatd rcaI estatc;'th®ce North 00 degrc s 24 minutes 43 woon& West along;said West line 377:46 feet to t11e place of begmmtig; containing 9.188`acres,more"ar less, subject -to all EeRal highways, s>,ltsasi;w ea®rtt w?annrrrr orr ou s¢v;ntQ A. xoot EXT rr A -Page 2.of 3: C'QN`SUL ING E:WOI'NEEB,S L A N D S U R V E Y 'O Q S 3916.96rot li Ad. • rishm,:.IN 46639 (31711149-635 • 1-6W7,718-6911. - FA1: (317).619-59{2 M: 13105 Y-FU - 4R SA-Rl RW-"MV2 Jw -0 f 43405 I SCALE: 1"--. 80' .. . I.E,GALDESCR7FI0N - '. -Apart Of the:3outhca l l)uarter of Section 22; Township'16 Nasth' -Range 4 Lst Hamilton County; Indiana; being more pardculatlyU=ribed'as fall6ws: EX 11BTT A =.Page:3 of'3 s:w39osu.?enuwi?si?wAaaAxir orm,v - - 54simbn a; ]ant ?,.a nare? SALES DISCLOSURE FORM C. Faun 46021 7 .;- m ?° ? n¢m6e"rs of of,th the partie f;s o.n on ihls;forrn,aie by oponw oe) num6eis NOTICE: The phane iII6I1?kf?lllll?lul?IIQ1II??IIIl?lfll $1 •,.«'' ? Presrir. C!by Dapa?unent yr COCeI GOVenunar7 Finance. confidential acoordlhg to lC.G•1 :1.5'.§-. '? Pursuant to lD 6,1 i-s.s .y..?..-.._. -ivr 3(d). rm a Parcel Pan or Pero 'Number(s) (Show additional parcels on separate sheet if nmasssry.) Acreage or Let Slzw (sWa JJJJ - ? JJJJJJJJJJJJJJ JJJJJ 1 JJJJJJJJJJJJ?JJJJJJJJJ JJ?.JJJ JJJJJJJJJJJJJJJJJJJJJJ JJJJ:JJJ ? ess w of Parcels - See legal description. attached •hereto as Exhitt A JJ Town, orPoSt office 'State ZIP cote, - - Carmel 1] N JJJ JJJJ r Billing Address (I other than Property 'add ress) - _I__J 9551 Delegates Row y. Town, or post office State ZIP Code, lndianapoi5 .ai ne...a...:__ JJ JJJJJ JJJ See legal description attached hereto as Exhibit A Identify all conditionslitems that apply NO7 c tin....:: 0 1-auyer is an adjacent property owner 2-Vacant Land - 0 3-Exchange for other real Property. j"Trade"I 0 4-Seller Paid Points; amount ifappiicable $? 0 5-Change planned In the primary use ofihipropertyp Describe in. special circumstances. 0 6-EKisle11ce of lamlty,or business relationship, between buyer and setter 0 7- Land Contract Dated:' 0 B-Personal property_ included In transfer, amojrf if-applicable $?:? ?JJ O 9. Significant physical 'changes to.property 'tiatwoen March t end'date of sale 0 10-: Non-Warranty deed: specify,type 011- Partial Interest Describe Inspeclal circumstances. ?J/a2/2 () ,0 5 '$ a Desedbe any. unusual or apedal circumstances related tolhis sale, laded are not subject to disclosure 012'Secsdly interval documents avdi as Mortgages er trust Coeds. 0' 13-Ceases less than So yeaw 0"14-1[10CUmentn*ulflng from foreclosure, 0raxpress i1i of foreclosure, dWeme court. order, Cnndemnatlon, probate er otherjudiclal proceedings. 0 15-Agreements and other documents for margots; consolidations and inco 0 16Amtdalm deeds not serving as a source ofi tle 0. 17-00CUments involving the'pardtion of land. between tenants In common, joint tenants, or tenants, by the entirety.. ' 0 16. Transfer to a charity, not-fdr-pion or government [natitutlon - 19- Transfer for no or,discounted cansldomflon, or. gift 0 20-Rarecord'mgto correct prior recorded document 0 2T-Easoments,,Rlght,cf way grants Al s s 0 ® INDIANA SALES DISCLOSURE FORM City of Carmel. Civic Square Carmel ` I Se91er T -Name or Entity as appears on deed Address City, Tom or Post Office' State JJ Title Company Name (111 applicable) Title Company Phone JJJ-- Buyer I - Name or Entity. as appears on deed, Platinum Properties, TILC Address 9551 Relegates Row City, TOW r, or Post Office State LlMianapolis IIN ` Buver 2. Name or Endiv as aonearaoA need Address Under penalties of. perjury, I hereby certify thatthis Sales Disclosure, to The best Is prepared In. accordance with IC 9-1"Real Pntpepty Salec Disclosure Act 5lgnalnre nl Fc[par Se[Ier Sign Bate. J1 ?.! Seller Phone JJl I - JJ JJJJ J my knr Page 2 JJ-JJJJ JJJJ J-J ZIP Code J JJJJ - I I U Will this Property be.Ihe buyers brimal' residence? O'YesJ Na JJJJ Buyer Sign Date m / TJ?j I '(MMICOlYYYY) ? ? V C? Z ? D Buyer Phd ne ?JJ-JJJ-J?? County Assessor or other assessing ofhOal must v9dfy-antl'comp7atn•the Yollovringtnformatlen: O Slgnlllcant.physical changes to7property bete en March l a no d ate of sale AL'DROR'S FtLE,STAPAP .' ?AV LAND s F17' E71JJJ,.AmPenY CI m tees Tevlnp bGtdd ioLGF aada $ AVIMPV JJJJJ pletion O Yes O No QBie Entered in TYartsfer'Book $ 77? AV TOTAL. O valid sale m1 ml JJJJJJJJJJJJ NEIGHBORHOOD CODE. I INDIANA SALES DISCLOSURE FORM Page 3 INSTRUCTIONS Indiana law requires :a sales disctesure?form to be'eompleted whena'condeyance document (see definition, below)' is. filed'wiln the county auditor. The county auditor, may, not accepI a conveyance if (1) the,;sales,disolasure'form:.is ndt included wilh.the conveyance document; or, (2) the sales disclosure form is incomplete. A, person filing 'a'sales dislclosure form shall pay a,fee of ten dollars '($10.00) to the county auditor -• PART 1: BUYER AND SELLERINFORMATION Property Transferred Information. Either the buyerlgranleeror the sellerlgrantor, should provide the, percel number(s) (including -:all dashes and decimals), full address, tax billing; address„lof size) and.legal description of the parcel(s) transferred. A legal description is especially important formetes andtieuods descriptions and new parcels. If the transaction.consists of more than three parcels, an additional, list of parcel numbers ano lot sizes must be attachedto this`darument. Sales eondit!anslitenns: The,.info rmation in this section is usedto determine sales ;characteristics. establish rnarketVak,e, determine applicability of the sale aad fdr use in ratio or other studies: The appropriatecircle'orcircles should` be filled in for altconditionslitems that apply to the sale. With regard to personal progeny (see definitions•below) the buyer. orselter,must enter an estimated' value of the personal property indudedIn tfiesale:...Similarly, thebrlyer andsellermust'ent" err the amount of seller paid points-as;applicabie. Please. note that while indicating that certain condltionshtems,vAl result,in not paying a filing fee; the-buyarlgrantee or sellerlgrantor is still responsible for, completing the form in full. Sales Data. The date and sales once o€the'propertytransfer isto-be.printed in the spaces provided.. Any,ur l:orspecial conditions of the sale that may affect the sales price or larrns of the sales agreement stioultl,also be described. - - Seller/Grantor Information. Seller(s)/grantor(s) are'to provide the full name and address for'seller(s) or entity as'appficable. If'there are more than two individuals or entities involved in the.transactfon, additiorial ownership information must be included roan attachment to this form. The sellerlgrantor must also provide;"if applicable, the-name and telephone number of the llifle cornpany that handled the transaction. t3uyerlGrantee Information: tuyer(s)/granfee's) ale to provide the full; name and address torbuyer(s) or entity as applicable. If there are more than two individuals ore tifies'inv`ofved'inthetransaction. additional ownership,information must be`included in'amattachment to this form. The buyerlgrantee:muSEalso indidata whether fhe property Will _be'used as a residential primary residence.. Signature and Verificatlon.. The buyer/grantee; sellerlgrantor or their representatives must sign one (1 ),sales disclosure form, or if the parties do not agree on 6e information to be included on'the;completed form; each party mustsign and file:a`separate form. If,-anyone other than the buyerlselleror an attorney ofthe buyerlseller is filling outthe farm,a properly executed.Power of'Attorneymustbe completed and attached. A person who, knowingly and intentionallyfelslelis..or omits any information required on this form commits a Class A infraction. PART 2: COUNTY AUDITOR RESPONSIBILITY The county auditor is responsible for collectingithe filing fee as Well as ensuring that eq:partiestokhe:conveyancehave completed and signed the form as required. The county auditor maynot:accept thesales disclosure-statement: itthe'statement-is,not'signed by the buyer or seller. If the buyer or selter fails to'comple'telyfl!I outtheir designated portion of the form, the county auditor maynol accept ttii 'conveyance document. The county auditor must also corifirm'the'date the property' was duly;entered for transfer, PART. 3: COUNTY ASSESSOR INFORMATION: The county assessor. is responsiblefordetemiining whether or not significant' physical changes have been,made tothe property between March 1 and the date of sale The county assessor, is.also'resp"onsible forentering property class or.use codes, the proper department of local government finance taxing district number,"the current assessed value, and neighborhood!'cd_ de information: The county" assessor and/or other assessing officials are'rasponsible for verifying.the sale as well (note that,verification,is not required prior to submitting sales data to the DLGF). Sales disclosure forrns provideo'in response'to public records requests shouldnof includephone...numbers. Definitions Conveyance Document_ means any document, land sale contract, deed, quitclaim deed serving,as a source.of title, or other'document presented for recording, that-purports to transfers real:property interest for valuable consideration., - Porsonal property - items that are not attached (built-in or affixed) lidthe real estate (land and buildings). This,might include items such as washers, dryers„window treatments, stovesand refrigerators. Other items. considered perknaV property are boats end other vehicles, `inventaries:(livestock, goods'.in process or-for,trade, or agricultural cemmcdities)'ond machinery used In farming .lormanufacturing. P CO'NSU.LTIKC .ERCIR"EIR'S t, A b„0 S. U R Y f. Y' 0 R. 5 9940 Al7ismnn7l: m. ? 7iton. 9!.16038 (317) 819=5935 1`860-728-4917. PA' (317) 819-5942 PRt 430 %-FlIG ASWY SiB-t11L''RW IXW9iT t EXHIBIT'A-:page Lof 3 JOB ?. 43465 ALE: 1° _ 60' C'0 NN G E.N G tN FIR =5 aae p L h k• D S D R V E Y O -R S Ira w a aw ea . r:tn , d ,sax. OONIAOL 43405 (3 VR bIB- 445535o5 %•-FlLC=4L -.,uY S saa-• _ruFAE . 6t9S912 '3403 Su{: gW,EPII&t t' LEGAL DESCFJFnON A part of the Southeast Qnaricr of Section 22,.Townsbip.19 Nor" Fuinge 4 East, Aamittou County, Mona, tieing mom particrilarly desci4bcd as follows: Commencing at tic Northeast corner of said Southeast Quarter Soction, thence South-89 degees 30:minutes,17 seconds' West along the North Lae of said-SonflieastQuatter 2456:07 feet in [ieNorthwest comer oftbe real estate descn'bed in Insbumcat No. 9502129 in the Office oftho Rooorder-teal, r''nu tan Cnuuty; lndiaaa;.rhrnce South 00 degrees 29. minutes 43 seconds Fast along the ?Wcst line 'oCsaid tate 12254 feet lolne PCIII.T OF BEGINNING of this description, said point alsobeiag a point on a curve concave westerly, the radius point of said curve being South IS degrecs 49 minutes 32 scc'onds East 50.00 feet from mid'porn% t6enec southerly along said cwYej152.50 feet in thepobt of tangency cttwid'eiuve mid point being Sono 24. dogees 04 minutes 24 seconds East 50.60 fed imm the radius point of said curve, said pount also being the -point of curvature of a curve coacavesouth easterly,' iho radius point of said c - e'6eing Sonth 24 degrees .04 minutes 24, seconds East 50.00 'feet from said powt;`ihence,sovtLwesfe1 ry along said curve 57.96 feet to tile po-iint nftangency ofiiard crave,:said' - point being Sou6 89 degees 30 minutes X17 seconds West 50.00 feet fmm.ihe mdius point of said curve; thence South 0o degrees 29 minutes 43 seconds Fast parallel to the West line of said realestate r154.96 feet to"the paint of curvature of a ourve wncave easterly; the fadius point of said enrve.being N, orth 99dcgr a 30 minutes,17 mc5a& Easv130.00 feel from said point; thence southerly along said curve 9M31eet in a'point on dic South line of said real estate, said point being South 49 degrees 36 ii inabc3 371a onrls West 130.00 feet?f rim the radius point of smdcarve; thencc.South 69 degrees 30 minutes 17 seconds West along said South line 35.99 feet to the West line of mid'real estate; thence North 00 degrees 29tivnutes 43 seconds" West along said West line 377.4 feet to the placcof heginni¢g, contarniig 0.188 eats f mare or icss, StiNect to all legal Highways, rights-of-ways; casements, and restrictions of retort!. raaaosr< won?rr a wnsa.wrv nm,. sepsv?4noa - .... ,HXH BTT.A -,Page,lof 3 CONSULTING EKGI.N.EE.RS L M N _U S V R Y, :E T 0 R S 99401!Osoim7a Rd •.Fulnn;.. Hi.10678'. (S7) 849449 5 1;800-721-0917. • FISH (717),849-5911. MR:.LSieS%-RL,[; Ly10$ SUB?FlIE PW'r>Sllalr 2 SCALE: .1'-- 80' LEGAC?FSCRIPnnON JOB m GJM'P 43405 Me, 2Z PM. R? Apart.of the Southeast:Quarter.of Section 22, Township 18 North; Range 4 Fast Hemiftoa County, lnniana„ being mare panccWuiy descn'bed ae follows: Cpnomeacing at the Northeast comer_of said Southeazt,fjuarter Section; Itrence South 09:dcgrecs 30 minutes 17 seconds West along the North line of said Southeast Quarter 2008:07; feet to.the Northeast cumer of the real' estate des'cn'hed ra lnslrument Nu:.9502728 fn the Office ofthe Recorder ofH=Umn County,, Indians; -end the POINT OF REOWNING of this description; thmm South 00'degrees 29 minutes 43 secondsEast along the East line Of said teal 4t2te,100.00.feet thence South 89 degrees 30 minutes 17seconds, West patallel:ta the North line of said southeast Quarter. Section 450.00 feet to the West line of said real estate; theocc North 00 degnws 29 minutes 43 Seconds West along said West-line-100.00 feet to_the North line of said-Southeast Quarter,-thence North 89 degrees 30 minutes 17 seconds East along said North line 450.00 feet to the place of beginning, containing 1.033 actca,, more or less, subject to all-'legal highways, rights-of ways; easements, and restrictions ofreaard: - - - .suiaesit?av¢oi txlnnrrzw,veaiirrr namnr. .. . s.e?4mai. EXHMIT A 'Page 3 of,3 BOSS Md Y & EVAN LLP ATTORNEYS AT LAW January 26,•2M VIA HAND DFLIVERY Ms. Sandy Johnson Board of Public Works/.Clerk-Treasurer's Office CITY OF CARMEL One Civic Square Carmel, Indiana 46032 Re: Item to be'included on BPW Agenda for,FAruary2, 2005 Meeting Dear Sandy: Tammy. K. Haney Narth:Office Direct Dia '(377),684'5308 Direct Fax (357)223;0308 E-Mail: Tyaney@6oselawcom Following:up on our telephone conversation of-JanuaiZr'24, I;have enclosed-f6cinclusion on the BPW agenda f& Ehe February 2, 2005 meeting one original and-five copies of the Offer to'Purchase from Platinum Properties for certain property being conveyed-by fhe Utilities Department as%approved by the Board of.Public Works Resolution No 09715-04-03. I-have also included a Designation Agreement pursuant to which the DPW wiW authorize'Douglas; Haney, Cit y Attorney, to, execute the conveance documents for this transaction. This DesignatiomAgreemenrwill y meeting as well nee'd'tz be signed at the.Pebrnazy 2 well, of $$p' I have enclosed an eamest;,money deposit clieck'payalile to the City of?Carmei.in amount the O'from Platinum' Properties. As I:mentioned to your we anticipate closing'this transaction Februa following the BP-W- meeting on y 2. As you "told me, given that this is a transfer of property from the Utilities -Department, the Clerk-Treasurer's OfBce:has?no additional requirements far this transaction.to move forward. Please call me at:684-530$'upon your receiptof this ,package to confirm that you have received everytivng youmeed. and this item will be, placed on the'BPW agenda. .Thankyou for all of your helprand cooperation. Suicerely, TamC': 'Haney TKH/cas Enclosures 65322.1 Downtown • , 2706 Fvst ln8iana Plaza • 135 North; PennsylJama'Street • Indianapolis, I ndiana 46204 • (317j 6845000 Fax (31 ZJ 6845173 North O€fice , 660 East 96th Street • 'Suite 500 Intlianapolis;'Indiana 46240 (317).684s300 Fax 000 68 ax (31 lNashinSton Office • 700 North One Lafayette, Centre 17?0'20th 3ireet N.W. Washington; D.Ci 20036 (202j;9z39229 F2x,(202) 973-1212 www boselaw.?orrm - W o m s n? m n 7 7 7 r J 7 u C J J