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189676 09/14/2010 CITY OF CARMEL, INDIANA VENDOR: 364679 Page 1 of 1 ONE CIVIC SQUARE AVIAN GLEN COMMUNITY ASSOCIATIOy CH CARMEL, INDIANA 46032 PO BOX 1706 NECK AMOUNT: $9,400.00 CARMEL IN 46032 CHECK NUMBER: 189676 CHECK DATE: 9/14/2010 DEPAR A PO NUMBER INVOICE NUMBER AMO UNT DESCRIPTION 2200 4460500 9,400.00 RIGHTS -OF -WAYS Associate' &ht c Way Services, Inc. TO: Jill Newport FROM: Allen D. McFearin RE: Project: Hazel Dell Parkway Improvements 131. Street to Cherry Creek Blvd Parcel: 2 Owner: Avian Glen Community Association, Inc. DATE: August 26, 2010 The above parcel is secured and ready for processing for payment as described in the enclosures. The following documents are enclosed: Uniform Property Acquisition Offer Receipts of Offer Acceptance of Administrative Settlement (original) Administrative Settlement Memorandum (unsigned) Warranty Deed (original) W -9 form (original) Sales Disclosure Form (original) Claim. Form (original) July 15, 2010 correspondence from Armour Property Management, LLC The Right of Entry was previously sent. If you need additional information, please let me know. 1311 N. Arlington Ave Suite 209 Indianapolis Indiana 46219 (317 322 -4489 FAX: (31 7) 322 0589 i I C1 EL J AMEs BRAJNARD, MAYOR UNIFORM PROPERTY ACQUISITION OFFER DATE: April 29, 2010 Avian Glen Community Association, Inc. PROJECT: Hazel Dell Parkway 131 Street c/o Joseph Loomis to Cherry Creek Blvd. Project No. 09 -01 14349 Avian Way PARCEL: 2 Carmel, IN 46033 FEE SIMPLE PARTIAL 236 square feet Avian Glen Community Association, Inc. c/o Armour Property Management, LLC P. O. Box 1706 Carmel, IN 46082 The CITY. OF CARMEL, INDIANA is authorized by Indiana law to obtain your land for certain public purposes. The City of Carmel needs your property for a public improvement entitled. Hazel Dell Parkway Improvements 131" Street to Cherry Creek Blvd. and needs to take the land as described on the attached land plat and legal description. See Exhibit A and Exhibit B. It is our opinion that the fair market-value of the property we want to acquire from you is $4,200.00 and, therefore, we offer you $4,200.00 for the above described property. You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the appropriate instruments, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received your payment in full. DEPARTi\4ENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, 1iN 46032 OFFICE 317.571.2441 FAx 317.771.2439 ENTAIL en,-ineerin.a @carinet.in.aov HERS' 1S A BRIEF SrJA M—A-nY OF YOUR OPTIONS AND LEGALLY LY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase your property. 2. You do not have to accept this offer and the City of Carmel is not required to agree to your demands. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of your property, the City of Carmel has the right to file suit to condemn and acquire the property in the county in which the real estate is located. 4. You have the right to seek advice of an attorney, real estate appraiser, or any other person of your choice on this matter. 5. You may object to the public purpose and necessity of this project. 6. If the City of Carmel files a suit to condemn and acquire your property, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the property to be acquired. 7. If we both agree with the court appraisers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the property condemned. 8. If the court appraisers' report is not accepted by either of us, then the City of Carmel has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, the City of Carmel is legally entitled to immediate possession of the property. You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if final judgment awarded is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment. 9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the value of the-property. The court's decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in this notice. 10. If you have any questions concerning this matter, you may contact Associated Right of Way Services at 1311 N. Arlington Avenue, Suite 209, Indianapolis, Indiana, 46219, or telephone 322 -0489. This offer was made to the owner, Avian Glen Community Association, Inc, of Hamilton County, Indiana, on the day of 2010. Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by certified mail: 7009 3410 0000 8577 5224 (Amour Property Management) Acknowledgement of Receipt of Offer Joseph Loomis Date: If you decide to accept this offer of $4,200.00, sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER Avian Glen Community Association, inc., landowner of the above described property or interest in property, hereby accept the offer of $4,200.00 made by the City of Carmel on this day of 2010. Avian Glen Community Association, Inc. BY Name Date NOTARY'S CERTIFICATE STATE OF )SS: COUNTY OF Subscribed and sworn to before me this day of 2010 My commission expires: County of residence: S ignature Printed Exhibit "A" S11cet 1 �1f 1 Project: CITY OF CARti1EL (09 -01 Parcel: 2 Fee Simple A part of Block Al In A fail Cllen. Section 1 the plat (J hich rccorck d in I'lat C Llbinel I Slide 452 in the Office of the Recorder of Hamilton Cottnt\ Indiana Gild bCinL' thLit pXi rt Of the grantor's land Iving vv-ithin the right of way lines depicted on the attached Exhibit B*'. described as follows: Commencing at the Southwest Cotner of Lot 1 in said subdiv ision thence South 59 de,rees 39 minutes 55 seconds East a distance of 1 "23 feet along the south lisle of said Lot: thence South 00 degrees 20 minutes 05 seconds west a distance of 25.00 feet to the north Ii of Block: "A V* and t11e point designated "515" on said Exhibit "B" being the point of begginninu of this description; thence South 00 degrees 25 minutes 32 seconds `Vest a distance of 5.00 feet to the south line of Block "Al" and the point designated "31=1" on said Exhibit "B thence South 89 degrees 39 minutes 55 seconds East a distance of 26.42 feet along t11e south line of said Block: thence along the east line of said block Northerly 12.7 feet aloe_ an arc to the left having a radius of 4.00 feet and subtended by a long chord I1aving a bearinu of North 00 degrees 20 minutes 05 seconds East and a length of 5.00 feet to the north line of said Block: thence North 99 degrees 39 minutes 55 seconds West a distance of 26.11 feet. along said north line. to the point of beginning and containing 236 square feet. more or less. I. TRENT E. NEWPORT. a Registered Land Surv:e} ot in the State of Indiana. do hereby certif\' that this description was prepared by me on .lull 13. m 009. fro inli)rnlation obtained from the Office of the Recorder of Hamilton County. lildiana and p(an� prep lred h� C r���sRllad En-7ineers. PC for Cit\ of Carmel Project No. 09 -01. r r Frew s i PARCEL: 2 DRAWN BY JDW 07 -13 -09 PROJECT: AVIAN AND HAZEL DELL PARKWAY CHECKED BY RDP 07 -13 -09 PROJECT No.: CITY OF CARMEL (09 -01) COUNTY: HAMILTON T7 B7 SCALE 1" 50' SECTION: 21 EXHIBIT TOWNSHIP: 18 NORTH RANGE: a EAST OWNER AVIAN GLEN COMMUNITY ASSOCIATION Inc. RECORD DOCUMENT: INSTR. #9439356 (DATE:09/13/94) HATCHED AREA IS THE APPROXIMATE TAKING 50' 100' SCALE 1 50' 20' Drainage, Utility Landscape Easement 0 w LOT l N 05- 4 NORTH LC C\2 STATION OFFSET TABLE PDINT ISTATION OFFSET e c ti/ 20' Sewer Utility Fo�ej E 515 +(?(471 +0904) 80.00' L Easement i j I i 150.63' f S89'59'55 "E 150.23' S00'20'05 "W AVIAN WAY 8' 28.00' 515 O a (70' R/W PER PLAT) o BLOCK "A1" a .-a Common Area, Landscape 102' W Easement Utility Easement 514 d� Q W 99.94' N 20' Sewer Utility Easement N PARCEL 2 LINE TABLE Sj� 7 v O NUMBER DIRECTION DISTANCE LOT 27 LOT 28 I 2 O L1 S 00'25'32 W 5.00 FT P Q L2 S 89'34'55" E 26.42 FT D O L3 N 89 "39'55" W 126.41 FT 20' Drainage, Utility Landscape Easement i v• PARCEL 2 CURVE TABLE PREPARED BY: NUMBER DELTA ANGLE IRADIUS ITANGENT ILENGFH CHORD BEAP,ING (CHORD LENGTH of I CI 780'00'00" 14.00 FT 10,00 FT 112,57 FT IN 00'20'05 "E I 800 FT I �F G 15T E 0A0 To the best of my knowledge and belief, this plat wos prepared from information obtained from the Office of the Recorder of Homilton County, No. LS Indiana and from plans prepared by Crossroad Engineers, PC for the City 29600021 of Corm (Project No. 09 -01). STATE OF 7/20/09 I>f e 9 r NDIAN� Trent E. Newport Date S U R Reg. LGnd Surveyor No. 29600021 Transportation do State of Indiana Development Consultants yin 9�w 6l, HF61 WPL M Kl� fin>m -ire This offer was made to the owner, Avian Glen Community Association, Inc, of Hamilton County, Indiana, on the day of 2010. Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by certified mail: 7001 3410 0000 8577 5224 (Amour Property Management) Acknowledgement of ceipt of Offer Jo Loo is s p LISPS Track Confirm Page I ot' l PMTAL SERWG°& Home I Help I Sign In W tLl...Sn` u'.�u'A�. t.].N.w Track Confirm FAQs Track Confirm Search results Label/Receipt Number; 7009 3410 0000 8577 5224 Trlc Service Certified Mail Status: Delivered Enter Label/Receipt Number. Your item was delivered at 6.23 PM on May 7, 2010 in CARMEL, IN 46082. Detailed Results: Delivered, May 07, 2010, 6:23 pm, CARMEL, IN 46082 Notice Left, April 29, 2010, 9:52 am, CARMEL, IN 46082 Arrival at Unit, April 29, 2010, 7:48 am, CARMEL, IN 46032 NotificatiGn Options Track Confirm by email Get current event information or updates for your item sent to you or others by email. klo in SOP. Map Custornar Seroce l=oans Gcw't Services Ccire Privacy Policy 1'e3ms c' Use Bu<iness Customer Gateway Copyright0) 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA http: /trkcnfrm I.smi.usps.com/PTSInternetWeb/interLabelliiquit 7/2/2010 ASSOCIATED RIGHT OF WAY SERVICES, OX, 1311 N. ARLING7ON AYE. nC& a SUITE 209 f�Ft ;,1 INDIANAPOLIS, 7N 46219 7009 341 0000 8577 5224 u�i�,.' =a 7009 3413 0000 8577 5224 a $0 yW 000384381 APR 2_E H K e s MAILED FROM ZIPCOUE N; p 21 m vl 4': 01 a� arc m O ro am nm m m m m 9 c r1 i 1 J f- n� COD -3 I 1 f C OMP L E T E TH I S SEq TION ON D ELIVERY sl Complete Items 1, 2, and 3. Also complete A. Signature Item 4 If Restricted Delivery is desired. X Agent Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery Attach this card to the back of the rnailplece, or on the front If space permits. D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES, enter delivery address below: No I 3. Service Typo certified Mail Express Mall j Registered C3 Return Receipt for Merchandise Insured Mall E3 c.o.D. 4. Restricted Delivery? (Extra Fee) Yes i 2. Article Number 7 0.0-9 3 4 l aaaa. 8.5_7 7 &2 2.4 (Transfer from service label} PS Form 3811, February 2004 Domestic Return Receipt 102595-02 -M -iw ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT Avian Glen Community Association, inc., landowner of the property or interest in property described in Exhibit A and Exhibit. B, which are attached hereto and incorporated herein, hereby accept the administrative settlement of $9,400.00 made by the City of Carmel an this day of 20 10. Avian G en Commu=ssociation, Inc. BY Name Date NOTARY'S CERTIFICATE STATE OF I nd( a -rL )SS: COUNTY OF 00-M i Subscribed and sworn to before me this S day of JCU 2010 My commission. expires: A I County of residence: Si at re Stacey L. Sawyer Notary Public, State of Indiana Printed SEAL My comm. expires iee July 14, 2416 i FF 1 !vy` CITY :Q A WEL JAN s I RmiNIARD, MAYOK ADMINISTRATIVE SETTLEMENT MEMORANDUM To: Stephen C. Engelking Director Department of Administration From: Allen D. McFearin Associated Fight of Way Services, Inc. Re: Request for Administrative Settlement Project: Hazel Dell Parkway 131" Street to Cherry Creek Blvd. (Project No. 09 -01) Parcel: 2 Landowner: Avian Glen Community Association, Inc. The City of Carmel made the Uniform Property Acquisition Offer (the "Uniform Offer") to Avian Glen Community Association, Inc. to acquire a portion of its property for the above project. The offer was made by certified mail to its registered agent on May 7, 2010 and in person to Joseph Loomis on April 28, 2010. The Uniform Offer was based upon an appraisal performed by Joseph C. Traynor. The amount of the offer was $4,200.00. Of this amount, $550.00 was for land and improvements and $3,650.00 was for cost to cure damages related to a portion of the irrigation system which was owned by the landowner, electric lights, and some landscaping. During the negotiations, the landowner's representative raised the issue that the irrigation system located on the parcel being acquired was a part of a larger irrigation system owned by the landowner that was located in the existing Hazel Dell Parkway right of way, which would be affected or removed by the construction of the project It was determined to include the rest of the irrigation system as part of the acquisition. The landowner provided estimates and the City reviewed the content and the costs. Through negotiations, the landowner indicated that (.i) the consideration to be paid for the new right of way being acquired, including land, improvements, and cost to cure DLI'ARIMI;N1 or F.nc1NE11RING ONE QVIC SQtiAR1_, CARNIFL IN 46032 Or1�1C1- 3 J 7.571.2441 rns 317.571.2439 ENIA11. ca7:;i �lCCfFil;�n�C111111 CI. ill. �)v" p r 1_ damages, is $4,200.00, (.ii) the consideration to be paid for the part of the irrigation system owned by the landowner and located within the Hazel Dell Parkway right of way is $5,200.00, (.iii) the landowner agrees that it shall be solely responsible for the repair and /or replacement of all or any part of the irrigation system owned by the landowner and located in the Hazel Dell Parkway right of way and the landowner further agrees that the City of Carmel shall have no obligation to repair and /or replace all or any part of said irrigation system, and (.iv) the landowner agrees to execute documents evidencing the above agreement upon request of the City of Carmel and shall obtain the necessary Consent of Encroachment from the City of Carmel for all or any part of the irrigation system owned by the landowner which is located or will be located within the Hazel Dell Parkway right of way. Adding the additional amount to the amount of the Uniform Offer, the amount of the administrative settlement would be $9,400.00. In support of the administrative settlement we list the following: First, were the City to file the condemnation case, the landowners could introduce their own appraisals and cost to cure estimates with higher values. This carries the possibility that the eventual award may be higher than the amount of the administrative settlement. Secondly, should the City proceed in the condemnation case, at a minimum the City will incur the costs for the court appointed appraisers and attorney fees, which costs would exceed the amount of the administrative settlement. Lastly, accepting the administrative settlement would bring a present resolution to the question of the fair market value of the property rather than having that determination made at a later point in the condemnation process, the issue of the landowner's irrigation system located in the Hazel Dell Parkway right of way would be addressed, and the City would obtain a right of entry at this time. Assuming all other legal review and approvals are approved, it is our recommendation that the City of Carmel approve the terms of the above described administrative settlement. This recommendation is approved. tephen C. Engelking Director Form Request f or Taxp Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. internal Reveme Service Name (as shown on your income tax return) m Avian Glen Community Association, Inc. M Business name, if different from above CL c 0 c Check appropriate box, individuaVSole proprietor Corporation Partnership Exempt y Limited liability company. Ent the tax classificati D- disregarded entity, C= corporation, P= partnership) `rte_. p o payee a i Other (see instructions) c c A ss (nu ber, street, and apt. or suite no.) Requester's name and address (optional) CL yo 0 Ci state, and ZEP c de ID List account number(s) here (optional) Taxpayer Identification Number IN} Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup .withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the. account is in more than one name, see the chart on page 4 for guidelines on whose Emplo er identif numbe number to enter.I q L41 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. Se instructi o e 4. Sign Signature Here U.S. pens Date General I nstructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless e An individual who is a U.S. citizen or U.S. resident alien, otherwise noted. e A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number 71N) An estate (other than a foreign estate), or to report, for example income paid to you real estate e A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701 -7). abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W -9 only if you are a U.S. person. (including a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form it it is following eases: substantially similar to this Form W -9. The U.S. owner of a disregarded entity and not the entity, Cat. No 10231X Form W -9 (Rev. 10 -2007) Project: Hazel Dell Parkway Improvements 131 Street to Cherry Creek Blvd. Parcel 2 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Avian Glen Community Association, Inc. "Grantor conveys and warrants to the City of Carmel, Indiana (the "Grantee for the sum of Nine Thousand Four Hundred and 00 /100 Dollars (59,400.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See attached Exhibit A and Exhibit B, which are attached hereto and incorporated herein subject to any and all easements, agreements, restrictions and other matters of record_ It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all real estate herein described (excepting any parcels or portions thereof that are speci Fically and expressly designated as easements or temporary rights of way) are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the Grantor_ The undersigned persons executing this deed represent and certify on behalf of the Grantor that he /she is a duly elected officer of the Grantor and has been fully empowered and authorized by proper resolution, or by the by- laws of the Grantor, to execute and deliver this deed; that the Grantor is a corporation in good standing in the State of Indiana; that the Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate action for the making of this conveyance has been duly taken. IN WITNES W EILEOF, Grantors has caused this Warranty Deed to be executed this A day of 2010. Avian Glen Communit ssociation, Inc. BY Name Title Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAVARLE VOUCHER CARMEL, INDIANA An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Avian Glen Community Association, Inc. Purchase Order No, Terms Date Due Invoice Invoice Description Date number or note attached invoices or bills Amount PROJECT: Hazel Dell Parkway Improvements 131" Street to Cherry Creek Blvd Parcel 2 AvlanlGlen Cornm Assoc lion Inc. C BY: Title: Nine Thousand Four Hundred and 001100 Dollars $9,400.00 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 1 20 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer s VOUCHER NO. WARRANT NO. ALLOWED 20 IN THE SUM OF ON ACCOUNT OF APPROPRIATION Board /Council Members FOR COST DISTRIBUTION LEDGER CLASSIFICATION IF CLAIM PAID MOTOR VEHICLE HIGHWAY FUND Acct. Account Title Amount N S 1 R A`Y1L a 0 U R PROPERTY P✓SANAC;EM ✓NT, LLC "We Manage Neighborhoods, like they're Our Own" July 15, 2010 Allen McFearin Associated Right -of -Way Services, Inc. 1311 N. Arlington Ave. Suite 209 Indianapolis, Indiana 46219 Avian Glen Board has accepted the City of Carmel offer to purchase the Avian Glen Community Association, Inc. property. Enclosed is the signed "Right of Way" agreement. The following is the City of Carmel and Avian Glen Community Association, Inc. agreement; 1. Consideration to be paid for the new right of way being acquired, including land, improvements, and cost to cure damages, is $4,200.00 2. Consideration to be paid for the irrigation system owned by Avian Glen Community Association, Inc. and located within the Hazel Dell Parkway right of way is $5,200.00 3. Avian Glen Community Association, Inc agrees that it shall be solely responsible for the repair and /or replacement of all or any part of the irrigation system owned by Avian Glen Community Association, Inc and located in the Hazel Dell Parkway right of way and Avian Glen Community Association, Inc further agrees that the City of Carmel shall have no obligation to repair and /or replace all or any part of said irrigation system. 4. Avian Glen Community Association, Inc agrees to execute documents evidencing the above agreement upon request of the City of Carmel and shall obtain the necessary Consent of Encroachment from the City of Carmel for all or any part of the irrigation system owned Avian Glen Community Association, Inc. which is located or will be located within the Hazel Dell Parkway right of way. The total amount of $9,400.00 will be paid by the City of Carmel to Avian Glen Community Association, Inc. once the Consent to Encroach has been submitted by Avian Glen Community Association, Inc. to the City of Carmel and the City of Carmel has agreed to the Consent to Encroach. Armour Property Management, LLC is authorized to accept or coordinate on behalf of Avian Glen Community Association, Inc. If you have any questions please contact me at my office. Sincerely, Cindy Armour, CMCA, AIMS Armour Property Management, LLC P.O. Box 1706 Carmel, IN 46082 Office 317- 706 -1706 Fax 317 815 -8470 Email Cindy @armourproperty.com SALES DISCLOSURE FORM State Form 46021 (P,9/7-09) SDF ID County Year Unique ID i Pr escribed by Department of Local Government Finance P ursuant to IC 6-1.1-S.5 SDF Date: PRIVACY NOTICE: The telephone numbers and Social Security numbers of the parties Dilthisform areCDnfidential according to IC PART 1 To ti compl A. PROPERTY•-, i D :ON I. Prot 'icable to S. Complete Address of Property 6. Complete Tax Billing Address (if different from I T1 6 1 0- 21 -d0 -1 Oil- 01 property address) ement 7. Legal Description of B-) 3. Land 4. improvement 7. Legal Description of Parcel B: M K L LOSENALU MI&INt UA V`r: �C_ AEE A It condition 1 applies, filer is subject to disclosure and a disclosure filing fee. 1. Conveyance date tmm1DD1yYYY): YES NO CONDITION Fv_1 F-1 1. A transfer of real property interest for valuable 2. Total number of parcels: consideration. 3. Describe any unusual or special circumstances related to this 2. Buyer is an adjacent property owner. sale, including the specification of any less- than complete 3. Vacant land. ownership interest and terms of seller financing. FVJ 4. Exchange for other real property ("Trade S. Seller paid points. (Provide the value Table C Item 12.) Z 6. Change planned in the primary use of the B6 Public Right of Way property? (Describe in special circumstances in Table C item 3.) FV 7. Existence of family or business relationship between buyer and seller. (Ca.*ta Table cite. 4.) F 0 8. Land contract. Contract term (Yn: and contract date (mm1DD1YyM: F17� 9. Personal property included in transfer. (Proodethe-j- YES NO CONDITION Table Clrem 5.) 4. Family or business relationship existing between E] 2] F/ 10. Physical changes to property between March 1 buyer and seller? and date of sale. (vescribeinspeciatcwumston cos In Table C Item 3.) Amount of discount: E] 7 11. P a rti a I i n to r est. (upicibp in special circumstances is Table C item 3.) Disclose actual value in money, property, a service, an agreement, or other consideration. P1 12. Easements or right-of-way grants. If conditions 13 -15 apply, filers aresubject to disclosure, but no disclosure filing fee. S. Estimated value of personal property: YES NO CONDITION 6. Sales price: 13. Document for compulsory transactions as a YES NO CONDITION result of foreclosure or express threat of Z 7. Is the seller financing sale? Ifyes, answer foreclosure, divorce, court order, judgment, questions (8 condemnation, or probate. S. Is buyer/borrower personally liable for loan? El ED 14. Documents involving the partition of land between tenants in common, joint tenants, or 9. Is this a mortgage loan? tenants by the entirety. 10. Amount of loan: 15, Transfer to a charity, not-for-profit organization, 11. I nterest rate: or government. 12. Amount in points: 13. Amortization period: iNDIANA SALES DISCLOSURE FORM SDF ID: Page 2 Preparer of the Sales Disclosure Form Title 1311 North Arlington Ave. Suite 209 AROWS Address (Number and Street) Company Indianapolis IN 46219 317 322 -0489 City, State, and ZIP Code Telephone Number E -moil E'SELLEI2 S GRAl7 OR S a Avian Glen Community Association Inc Seller 1 Name as appears on conveyance document Seller 2 Name as appears on conveyance document Address (Number and Street) Address (Number and Street) City, State, and ZIP Code City, State, and ZIP Code Telephone Number E -mail Telephone Number E -mail Under enalties of pe 'ury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, is true, correct and co plete as re u' ed by law, and is prepared in accordance with IC 6- 1.1 -5.5, "Real Property Sales Disclosure Act Sigtia re SPer SignamreojSeller Printed Name o Seller Si Date MM /DD Printed Nome o Seller Si n Date (MM /DD F.13[il'ER {S 'GRANTEE S, APPLiCAT,ION FOR l?R(3PERfY TA?{ S! ALL;I7'EMS,T}iArT APPLY ti i r City of Carmel. Indiana Buyer 1 Name as appears on conveyance document Buyer 2 Name as appears on conveyance document One Civic Square Address (Number and Street) Address (Number and Street) Carmel IN 46032 Ci ty, sta te, and ZIP Cade City, State, and ZIP Code Tele one Number E -mail Telep Number E -mail THE SALES DISCLOSURE FORM MAY BE USED TO APPLY FOR CERTAIN DEDUCTIONS FOR THIS PROPERTY. IDENTIFY ALL OF THOSE THAT APPLY. YES NO CONDITION YES NO CONDITION 1. Will this property be the buyer's primary 3. Homestead residence? Provide complete address of primary 0 4. Solar Energy Heating /Cooling System residence, including county: 5. Wind Power Device Address (Number and Street) Q 6. Hydroelectric Power Device City, State ZIP Code County 1:1 0 7. Geothermal Energy Heating /Cooling Device Q 2. Does the buyer have a homestead in Indiana to be 0 8• Is this property a residential rental property? vacated for this residence? If yes, provide E] 9. Would you like to receive tax statements for this complete address of residence being vacated, property via e -mail? (Provide contact information including county: below., Please see instructions for more information. Not available in all counties.) Address (Number and Street) City, State ZIP Code County Primary property owner contact name E -mail Under penalties of perjury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, is true, correct and complete as required by law, and is prepared in accordance with IC 6- 1.1 -5.5, "Real Property Sales Disclosure Act (Note: Spouse information, Social Security and Driver's License /Other numbers are not necessary if no Homestead Deduction is being file Signatureo Buye Signature ofBuyerZ /Spouse Printed Legal Nome of Buyer l Sign h ate (M /DD /m v) Printed Legai Name of Buyer 2 1Spouse Sign Date (MM/DD/rvrv] Lost 5 digits of Buyer I Driver State Last 5 Digits ofSociol Security Number Last 5 digits ofBuyer2 /Spouse Driver's State Last 5 Digits ofSocial Security License /!D /Other Number Number License /ID 10therNumber iNDu\mA SALES DISCLOSURE FORM 3BFID: Page The county assessor must verify and complete items 1 through 14 and stamp the sales disc] osure form before send ing to the auditor: 1. Property 2. A V Land 3. AVImprovement 4. Value ofPersonal 5. A V Total 6. Property 7. Neighborhood S. Tax District 9. Acreage Pr erty Class Code Code Assessor Stamp 10. Identify physical changes to property between March I and YES I NO CONDITION date of sale. [I [1 11. Is form completed? El El 12. State sales fee required? 13. Date ofsale [mmlDDlmy): Items 1S througli 18 are to be coniplenid by the'assessorwhen validaitipkdriis�ale: 16 Sale valid4ortrendijjg?. on sale 6Tn'plete? 18.Yalidated by.: Auditor Stamp 1, Disclosure fee amount collected: YES NO CONDITION 2. Other Local Fee: F] E) 6, Is form completed? 3. Total Fee Collected: ED E3 7. Is state fee collected? 4. Auditor receipt book number: El El 8. A=chments complete7 5. Date of transfer (mm1DD1YYYY): 14. Date form received (MMIDDIYYYY): Parcel Number Address ofProperty (Number andStreet) Check all that apply: City, State, and ZIP Code offroperty F� Homestead Solar Energy Wind Power Hydroelectric Ej Geothermal Rental Property Auditor Signature Date (MMIDDIMY) Ele tronic Statement (e-mail) A person who knowingly and intentionally falsifies value of transferred real property, or omits or falsifies any information required to be provided in the sales disclosure form commits a Class C felony.__ Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Avian Glen Community Association, Inc. Purchase Order No. PO Box 1706 Terms Carmel, IN 46032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) nla n/a ROW Acquisition (Avian Glen Parcel 2) $9,400.00 Hazel Dell please send check to Engineering Department for p/u by Crossroad Engineers Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Avian Glen CnmmunitV Asgnciatinn, In IN SUM OF PO Box 17 Carmel, IN 46032 $9,400.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members Po# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the a nra z 00 4460500 9,400.00 materials or services itemized thereon for which charge is made were ordered and received except c SI 1�1 �n 20 ig ature ��u Esn Title Cost distribution ledger classification if claim paid motor vehicle highway fund