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HomeMy WebLinkAbout190952 10/13/2010 CITY OF CARMEL, INDIANA VENDOR: 364792 Page 1 of 1 0 ONE CIVIC SQUARE SEXTON DEVELOPMENT LLC CHECK AMOUNT: $102,375.00 CARMEL, INDIANA 46032 9001 N MERIDIAN ST s�= INDIANAPOLIS IN 46260 CHECK NUMBER: 190952 roH co CHECK DATE: 10/1 3/2D1 0 DEPARTMENT A PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 4460500 102,375.00 RIGHTS —OF —WAYS soeiated Right Way �e 114A v r TO: ]ill Newport FROM: Allen D. MCFearill RE: Project: West 106` Street from Michigan Road to Ditch Road Parcel: 8 Owner: Seaton Development, LLC DATE: September 23, 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 Receipt of Offer (Pzig4t4) C Acceptance of Administrative�ement (original) Administrative Settlement Memorandum (una>j6 S ,1G- Warranty Deed (ar- brrtaj Colfa✓1 W -9 form (original) �'�7i �lt� (rrri�gin�l _��Entr�`��rigirr In the August 26, 2010 letter from Zeff Weiss, which is enclosed, the Iandowner's attorney is requesting that the payment to the landowner be forwarded to Ice Miller LLP. His address and contact infom is as follows: Zeff A. Weiss ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN 46282 Telephone Number: 236 2319 Email address: Zeff.Weiss Amicemiller.com His legal assistant is Susan A. Dunlap. Her telephone number is 236 -2379 and her email is susan.dunlap(&,icemiller.coin The latest title work is dated February 9, 2010. The attorney for the landowner stated that no mortgages exist. If you need additional information, please let me know. 1311 N. Arlinaton Ave.. Suite 209 Indianapolis. Indiana 46219 (317) 322 -0489 FAX: (317) 322 -0589 CITY -1 IEL JANIEs BruNARD, M�xop, UNIFORM PROPERTY ACQUISITION OFFER DATE: September 9, 2009 Sexton Development, LLC PROJECT: 106' Street from Ditch Road to 4. c/o Zeff A. Weiss Spring Mill Road Ice Miller LLP PARCEL: 8 One American Square FEE SIMPLE PARTIAL 0.848 acres Suite 3100 Indianapolis, IN 46282 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. In this instance, the City of Carmel needs your land for the public improvement project on 106` Street from Ditch Road to Westfield Boulevard 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 $93,200.00 and, therefore, we offer you $93,200.00 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 fall 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. DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317-571.2441 F x 317.771.2439 E.NL1IL engineeringOcirrneLin.gov HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase your property. 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 noway 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 131 I N. Arlington Avenue, Suite 209, Indianapolis, Indiana, 46219, or telephone 322 -0489. This offer was made to the owner, Sexton Development, of Marion County, Indiana, in care of Zeff A. Weiss, on the day of .2009. B Y: Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by certified mail 7009 1410 0000 1949 1004 EXHIBIT "A" OWNER: Sexton Development LLC DEED RECORD: Instrument Number 200400059398 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 00- 00- 085.000 Right Of Way A part of the southeast quarter of the southeast quarter Section 4, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, said part being more particularly described as follows: Commencing at the southeast corner of said quarter quarter section; thence South 89 degrees 42 minutes 35 seconds West (Indiana State Plane Coordinate System, East Zone), along the south line of said quarter quarter section, a distance of 339.24 feet to the southwesterly corner of a 0.449 acre tract in a Right of Entry parcel as described in Instrument Number 2009021428 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence continuing South 89 degrees 42 minutes 35 seconds West, along said south line, a distance of 617.17 feet to the southeasterly corner of a 0.35 acre tract as described in Instrument Number 20040059563 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 17 minutes 25 seconds West, along the westerly boundary of said instrument and a northerly projection of said boundary, a distance of 50.00 feet; thence North 89 degrees 42 minutes 35 seconds East, parallel with the south line of said quarter quarter section, a distance of 885.89 feet to the. intersection of a northwesterly side of aforesaid 0.449 acre tract (the next 4 calls are along the northwesterly and northerly boundaries of said 0.449 acre tract); South 45 degrees 52 minutes 36 seconds West, a distance of 7.29 feet, South 67 degrees 10 minutes 04 seconds West, a distance of 25.93 feet; South 85 degrees 17 minutes 28 seconds West, a distance of 24022 feet; South 00 degrees 17 minutes 25 seconds East, a distance of 16.50 feet to the point of beginning. Containing 0.848 acres (36,919 square feet), more or less. Subject to all legal highways, rights -of- ways, easements, and restrictions of record. SURVEYOR'S STATEMENT To the best of my knowledge, information, and belief, this plat and legal description, together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number 2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made a part hereof by reference), comprise a route survey executed in accordance with Indiana Administrative Code 865 IAC 1 12 "Rule t2 IV RONALD L. tiNOLAN DATE: June 8, 2009 Re- 'islered Land Snrvevor O 119 eull u1%uu1rrrurtrr r O I SO 459 1111y11EIIliILURIU oo",,\ SU0 Page i of YiTroject Files acti•+ei107 C06 Carmel 106th Street vrater main extensionlEasementsl9 Sexton Dev -doc rvr IIn1T ^nn 64 OWNER: SEXTON DEVELOPMENT LLC DEED RECORD 200400059398 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 00 -00- 085.000 S.W. CORNER S.E. SECTION 4 —T17N —R3E (HARRISON MONUMENT FOUND PER_HCSO REFS) 14 S.W. CORNER S.E. 4 OF S.E. SECTION 4 —T17N —R3E (CALCULATED CORNER) RIGHT OF WAY FROM POINT TO POINT I BEARING I DISTANCE 65 154 (POS) I589'42 35 W 339.24 154 POB 148 S89'42 35 W 617.17 14B 149 N00'172 WI 50.00 149 150 N89 E 885.89 150 151 545'52 36 W 7.29 151 152 S67 SO 64 W 25.93 R/W GRANTED BY 152 153 5851718 w 140.22 —INSTRUMENT NO. 153 164 P08 5001726 E 16.50 200400059563 POINT NORTHING EASTlNG 52 1712470.642 183020.757 64 1709779.362 1 180342.015 65 1 1709792.879 1 183009.909 147 1 1709786.121 1 181675.962 148 1 1709788.033 1 182053.507 148 149 149 1709838.033 182053.254 150 1709842.521 182939.134 f 151 1709837.442 182933.897 152 1 1709827.381 182909.999 153 1 1709807.660 182670.590 154 1 1709791.160 182670.673 106TH STREET Zw o 100 Zoo 35' WIDE EASEMENT TO CLAY TOWNSHIP REGIONAL WASTE DISTRICT 1 inch 200 ft CAUSE N0.29 —DC3- 0409 —PL -788 RIGHT OF WAY 154 0.848 ACRES (36,919 SQ. FT.)± 153 NOTE: 0.449 ACRES TO BE ACQUIRED BY HAMILTON COUNTY HIGHWAY DEPARTMENT FOR DITCH ROAD INTERSECTION IMPROVEMENT. RIGHT OF ENTRY RECORDO AS INSTR. NO. 2009021428 15 1st 150 DITCH ROAD 65 a 52 n S.E. CORNER S.E. N.E. CORNER S.E. SECTION 4 —T17N —R3E SECTION 4 —T17 —R3E d (HARRISON MONUMENT (P.K. NAIL FOUND FOUND PER'HCSO REFS) PER HSCO REFS) D—sy -7-7 ��oaY C EXHIBIT B cvw+tKrsH�rNa. H.A.K J.R.P. R.L.N. WESLER DRNNGZU 1�1S5o 1_f'� PART OF THE S.E. 1/4 SEC. 4 -T17N -R3E 1 11` PREPARED FOR- rc7ALMgZa PftaEGT NUMBER m n THE CITY OF CARMEL, INDIANA L 116707 u 0 Complete items 1, 2, and 3. Also complete A- Si ature item 4 if Restricted Delivery is desired. �'2 Agent X Print your name and address on the reverse !j 0 Addressee so that we can return the card to you. B. ceived by rated Name) C. D e of D livery Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address differeht from Yes If YES, enter delivery aci0es6.•below•- .\p No 3. Service Type f ❑Certified Mai{ p .Express Mail �'y 11 Registered 13 s�'ur4��Re for Merchandise Insured Mail q (p G.y 4. Restricted Delivery? (Extra Fee) p Yes (Transfer from 2. Article (Transfe service la6e!) 7009 1410 0000 1949 1004 PS Form 3811 February 2004 Domestic Return Receipt 102595-02-M ACCEPTANCE OF ADMINISTRATIVE SETTLEMEMT Sexton Development, LLC, 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 $102,375.00 made by the City of Carmel, Indiana on this 2 a day u o.�� 2010. BY: Printed Title NOTARY'S CERTIFICATE STATE OF SS: COUNTY OF H-/r 1 V Subscribed and sworn to before me this day of 74U 2010. My commission expires: 7 0 County of residence: 1 n Printed S rs'• cm000eeuma FFa ��w EXHIBIT "A" OWNER: Sexton Development LLC DEED RECORD: Instrument Number 200400059398 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 00 -00- 085.000 Right Of Way A part of the southeast quarter of the southeast quarter Section 4, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, said part being more particularly described as follows: Commencing at the southeast corner of said quarter quarter section; thence South 89 degrees 42 minutes 35 seconds West (Indiana State Plane Coordinate System, East Zone), along the south line of said quarter quarter section, a distance of 339.24 feet to the southwesterly corner of a 0,449 acre tract in a Right of Entry parcel as described in Instrument Number 2009021428 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT Of BEGINNING of this description; thence continuing South 89 degrees 42 minutes 35 seconds West, along said south line, a distance of 617.17 feet to the southeasterly comer of a 0.35 acre tract as described in Instrument Number 20040059563 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 17 minutes 25 seconds West, along the westerly boundary of said instrument and a northerly projection of said boundary, a distance of 50.00 feet; thence North 89 degrees 42 minutes 35 seconds East, parallel with the south line of said quarter quarter section, a distance of 885.89 feet to the. intersection of a northwesterly side of aforesaid 0.449 acre tract (the next 4 calls are along the northwesterly and northerly boundaries of said 0.449 acre tract); South 45 degrees 52 minutes 36 seconds West, a distance of 7.29 feet; South 67 degrees 10 minutes 04 seconds West, a distance of 25.93 feet; South 85 degrees 17 minutes 28 seconds West, a distance of 240.22 feet; South 00 degrees 17 minutes 25 seconds East, a distance of 16.50 feet to the point of beginning. Containing 0.848 acres (36,919 square feet), more or less. Subject to all le -al highways, rights -of- ways, easements, and restrictions of record. 4 SURVEYOR'S STATEMENT To the best of my knowledge, information, and belief, this plat and legal description, together with the Plat of Route Survey, recorded Apri124, 2009 as Instrument Number 2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made a part hereof by reference), comprise a route survey executed in accordance with Indiana Administrative Code 865 IAC I 12 "Rule .12 RO NALD L. NO,[-AN DATE: June 8. 2009 Re!istered t.and SurtcyOr 50 439 o�o��o�NrltuV,tfurnrJUpn /iip�iq JIJ� TAB Page 1 of 2 Y Files a-tive'4107006 C !06th Street water main axtensiont menrs%9 Sexton De�.dac rvul tz 64 OWNER: SEXTON DEVELOPMENT LLC DEED RECORD 200400059398 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 00 -00- 085.000 S.W. CORNER S.E. j SECTION 4 —T17N —R3E (HARRISON MONUMENT FOUND PER HCSO REFS) 147 S.W. CORNER S.E. j OF S.E. SECTION 4 —T17N —R3E (CALCULATED CORNER) RIGHT OF WAY FROM POINT TO POINT BEARING DISTANCE 65 154 (POS) S89'42 35 W 339.24 154 POB 1 148 589'42 35 W 617.17 148 149 N0017 25 W 50.00 149 1 150 N89'42 35 E 885.89 150 1 151 S45'52 36 W 7.29 151 152 S67'10 04 W 25.93 R/W GRANTED BY 152 1s3 585 w 240.22 INSTRUMENT NO. 153 154 Poe S001725 E 16.50 200400059563 POINT NORTHING EASTING 52 1712470.642 1 183020.757 64 1709779.362 1 180342.01 S 65 1709792.879 183009.909 147 1709786.121 1816 75.96 3.5 2 148 1709788.033 1820507 148 A 49 149 1709838.033 182053.254 150 1709842.521 182939.134 151 170182933.897 152 1709827.381 182909.999 153 1709807.660 182670,590 154 1709791.160 0 182670.673 Z 106TH STREET 200 0 100 zoo 621 No oli i 35' WIDE EASEMENT TO CLAY TOWNSHIP REGIONAL WASTE DISTRICT 1 inch E00 ft CAUSE NO.29 —DO3- 0409 —PL -788 RIGHT OF WAY 154 0.848 ACRES (36,919 SO. FT-)± 153 NOTE: 0.449 ACRES TO BE ACQUIRED BY HAMILTON COUNTY HIGHWAY DEPARTMENT FOR DITCH ROAD INTERSEC71ON IMPROVEMENT. RIGHT OF ENTRY RECORDED AS INSTR. NO. 2009021428 s P15 a51 50 DITCH ROAD 6s 52 a A S.E. CORNER S.E. N.E. CORNER S.E_ SECTION 4 —T17N —R3E SEC70N 4 —T17 —R3E a (HARRISON MONUMENT (P.K. NAIL FOUND FOUND PER HCSO REFS) PER HSCO REFS) 8 oruvm er ckECxEO Sr ervao�rtoar RAX J.R.P. R.L.N. CURRENT apth S1fEET NO. WESLER����'g oRAWNC� PART OF THE S.E. 114 SEC, 4 -T17N -R3E 11 =200' ASSOCIATES SKEM gin. o. wcssia s ,wA;,.5�� PREPARED FOR: PRDJECINUMBER +.e,.� THE CITY OF CARMEL, INDIANA G J 116707 E9 s CITY ;O ARMEL JAMES BRAINARD, MAYOR ADMINISTRATIVE SETTLEMENT MEMORANDUM To: Stephen C. Engelking Director Department of Administration From: Allen D. McFearin Associated Right of Way Services, Inc. Re: Request for Administrative Settlement Project: West 106` Street from Michigan Road to Ditch Road Parcel: 8 Landowner: Sexton Development, LLC The City of Carmel made the Uniform Land Acquisition Offer (the "Uniform Offer" to Sexton Development, LLC, in care of its attorney, Zeff A Weiss, to acquire a portion of its property for the above project. The offer was made by certified mail on September 14, 2009. The amount of the offer was $93,200.00 and was based upon the appraisal performed by Joseph. Traynor. A second appraisal was performed by M.G. Gerdenich. The amount of that appraisal was $96,100.00. All negotiations took place with the landowner's attorneys. The landowner rejected the Uniform Offer. In the opinion of the landowner, the fair market value of the acquisition should be $116,870.00. This was based upon a per acre value of $165,535.00. The Traynor appraisal use a per are value of $132,000.00 and the Gerdenich appraisal use a per acre value of $136,00.00. The City rejected this counteroffer. However, Hamilton County, Indiana "Hamilton County was also acquiring a portion of the same subject property for a roadway improvement project and had made a uniform offer to Sexton Develpoment, LLC. Hamilton County and Sexton Development, LLC were not able to reach an agreement and Hamilton County filed a condemnation lawsuit. As part of the Hamilton County acquisition, Hamilton County obtained two appraisals. The first was performed by Jeffrey S. Juday who used a per acre value of $145,000.00. DFPART,,M17N "1 01' j�NGIA'li] RING ONF. QVIC SQUARF, CAxhua., IN 46032 OFFICE 317.571.2441. FAX 317.571.2439 EMAIL ell gineering«CiEn1el, ill. ggv The second appraisal was performed by Larry J. Allison who used a per acre value of $150,00.00. Through further negotiations between Carmel and the landowner, the landowner agreed that it would accept an administrative settlement based upon a per acre value of $145,000.00. The amount of the administrative settlement would be $102,375.00. In support of the administrative settlement we list the following: First, were the condemnation case to proceed to the valuation stage, the landowner could introduce its own appraisals with higher land values. The landowner is a devilment company that has a familiarity with property 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 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. Stephen C. Engelking Director Project: 106 Street from Ditch Road to Michigan Road Parcel 8 WARRANT' DEED THIS INDENTURE WITNESSETH THAT Sexton Development, LLC, an Indiana limited liability company, conveys and warrants to the City of Cannel, Indiana (the "Grantee for the sun? of One Hundred Two Thousand Three Hundred Seventy -five and 00 /100 Dollars ($102,375,00) and other valuable consideration, the receipt and SUfticiency 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 (i) the lien for real estate taxes and assessments not yet due and payable; (ii) any and all easements, agreements, restrictions and other matters of record; and (iii) matters that would be disclosed by an accurate survey or physical inspection of the real estate. It is widerstood 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 specifically and expressly designated as casements 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. Grantor shall be responsible for the payment of all real estate taxes now outstanding against or which otherwise become due and payable for the Real Estate through and including the installment of real estate taxes due and payable through the May, 2011 installment. The undersigned person execrating this warranty deed represents and certifies on behalf of the Grantor that (i) she is the Pflncipal/Authorized Membe tine Grantor; (ii) she has rull authority to sign and execute documents related to the conveyance of the real estate described herein; (iii) her authority has not been revolted; (iv) the Grantor is a limited liability company validly existing in the State ofndiana; (v) Grantor has full capacity to convey the real estate described herein; and (vi) all necessary action for the snaking of this conveyance has been duly taken. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 23rd day of August )2010, GRANTOR: Sexton Development, LLC BY 1 Printed Title NOTARY CERTIFICAT10N STATE OF INDIANA )SS COUNTY OF 13eforee_dje undersigned, a Notary Publ is in and for said County and State, personally appeared C 'm i I `tac1y h z eye +c" of Grantor, who acknowledged the execution of the foregoing Warranty Dead for acrd oWbekralf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this day of Ll— 12010. My Commission Expires: County or Residence: Not igr t "e *G. Marlyne Sexton, the principal and authorized member of Grantor Notary Printed Nartie I'his instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carr nel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 After recording, return deed to: Douglas C. Flaney Carmel City Attorney, City Hall. One Civic Square, Carmel, Indiana 46032 1 affirm. under the penalties for perjury, that I have taken reasonable ease to redact each and every Social Security number front flits document, unless it is required by law. Douglas C. Harley 83 464v I EXHIBIT "A" OWNER: Sexton Development LLC DEED RECORD: Instrument Number 200400059398 HAMILTON COUNTY PARCEL NO 32- 17- 13- 04- 00 -00- 085.000 Right Of Way A part of the southeast quarter of the southeast quarter Section 4, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, said part being more particularly described as follows: Commencing at the southeast corner of said quarter quarter section; thence. South 89 degrees 42 minutes 35 seconds West (Indiana State Plane Coordinate System, East Zone), along the south line of said quarter quarter section, a distance of 339.24 feet to the southwesterly corner of a 0.449 acre tract in a Right of Entry parcel as described in Instrument Number 2009021428 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF 13EGINNING of this description; thence continuing South 89 degrees 42 minutes 35 seconds West, along said south line, a distance of 617.17 feet to the southeasterly comer of a 0.35 acre tract as described in Instrument Number 20040059563 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 17 minutes 25 seconds West, along the westerly boundary of said instrument and a northerly projection of said boundary, a distance of 50.00 feet; thence North 89 degrees 42 minutes 35 seconds East, parallel with the south line of said quarter quarter section. a distance of 885.89 feet to the intersection of a northwesterly side of aforesaid 0.449 acre tract (the next 4 calls are along the northwesterly and northerly boundaries of said 0.449 acre tract); South 45 degrees 52 minutes 36 seconds West, a distance of 7.29 feet; South 67 degrees 10 minutes 04 seconds West, a distance of 25.93 feet; South 85 degrees 17 minutes 28 seconds West, a distance of 240.22 feet; South 00 degrees 17 minutes 25 seconds East, a distance of 16.50 feet to the point of beginning. Containing 0.848 acres (36,919 square feet), more or less. Subject to all legal highways, rights -of- ways, easements, and restrictions of record. SURVEYOR'S STATEMENT To the best of my knowledge, information, and belief, this plat and legal description, together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number 2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made a part hereof by reference), comprise a route survey executed in accordance with Indiana Administrative Code 865 IAC 1 12 "Rule 12 i2QtiALD L. DATE: June 8, 2009 Re,is:ercd Land Sun'.yar SO 439 SO 439 P iqe I of 2 rvurczlT 64 OWNER: SEXTON DEVELOPMENT LLC DEED RECORD 200400059398 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 00 -00- 085.000 S.W. CORNER S.E. j SECTION 4 —T17N —R3E (HARRISON MONUMENT FOUND PER HCSO REFS) 147 S.W. CORNER S.E. j OF S.E. SEC11ON 4 T17N R3E (CALCULATED CORNER) RIGHT OF WAY FROM POINT TO POINT I BEARING DISTANCE 65 154 POB IS89 WI 339.24 154 POB 148 589'42 35 W 617.17 1 8 149 N 00 17 25 W I 50.00 149 150 N89'42 35 E 885.89 150 151 545'52 36-" 7.29 151 152 S6T10 94 25.93 R/W GRANTED BY 152 153 685'1728 w 240.22 INSTRUMENT NO. 163 154 Poe 600 25 E 16.so 200400059563 POINT I NORTHING EASTING 52 1 /12470.642 183020.757 64 1 1709779.36 2 1503 42.015 65 1 1709792.879 183009.909 147 1709786.121 1816 75.962 148 1 1709788.033 182053.507 149 1 1709838.033 182053.254 148 149 150 1709842.521 182939.134 151 1709837.442 182933.897 152 1 1709827.381 182909.999 153 1 1709 607.660 I 182670.59 0 154 1709791.160 182670.673 Z 106TH STREET 200 0 100 200 35' WIDE EASEMENT TO CLAY TOWNSHIP REGIONAL WASTE DISTRICT 1 inch 200 it CAUSE NO.29 --D03- 0409 —PL 788 RIGHT OF WAY 154 0.848 ACRES (36,919 SQ. FT-)± 153 NOTE: 0.449 ACRES TO BE ACQUIRED BY HAMILTON COUNTY HIGHWAY DEPARTMENT FOR DITCH ROAD INTERSECTION IMPROVEMENT. RIGHT OF ENTRY RECORDED AS C INSTR. NO. 2009021428 x 15 i51 150 DITCH ROAD 65 i 52 a i A 5 S.E. CORNER S.E. N.E. CORNER S.E. e SECTION 4 —T17N —R3E SECTION 4 —T17 —R3E a (HARRISON MONUMENT (P.K. NAIL FOUND FOUND PER HCSO REFS) PER HSCO REFS) oa xx ar cxECxto sr wvameo xr �j' R E XHI BIT B CURRENT SHEET NO. H.f�K J.R.P. R.L.N. WE SL 11i` oRAWNG PART OF THE S.E. 114 SEC. 4 -T17N -R3E -200' ASSOUATES PREPARED FOR: m cs Ne rs CUCTNUMBER T L THE CITY OF CARMEL, INDIANA PRE o 116707 Form W Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not send to the IRS. Department of the Treasury Internal Revenue service Name (as shown on your income tax return) C) Sexton Development, LLC CD M Business name, if different from above a 0 0 CL c Check appropriate box: Individual /Sole proprietor Corporation Partnership Exempt �•R 0 Limited liability company. Enter the tax classification (D=disregarded entity, C= corporation, P= partnership) 1 payee o Other (see instructionsi o- c Address (number, street, and apt. or suite no.) Requester's name and address (optional) v 9001 North Meridian Street U City, state, and ZIP code Indianapolis, IN 46260 List account number(s) here (optional) Taxpayer Identification Number (TIN) 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 (FIN). If you do not have a number, see How 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 Employer identification number number to enter. p G 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 Intemal 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. See the instructions on page 4. Sign Signature of Here US. person P Date 1 General lnstruC ions 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 s An individual who is a U.S. citizen or U.S. resident alien, otherwise noted. s 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 (TIN) s An estate (other than a foreign estate), or to report, for example, income paid to you, real estate s 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 if it is following cases: substantially similar to this Form W -9. e The U.S. owner of a disregarded entity and not the entity, Cat. No, 10231X Form W -9 (Rev. 10 -2007) 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 Sexton Development, LLC Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) n/a n/a ROW Acquisition (Sexton Parcel 8) 02, 106th West Resolution CC 07-20-09-03 p ease 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 Sexton Development, LLC IN SUM OF $102,375.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members Po# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached irivoice(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 "ZO r 09 c l o t1 20 Signature Cost distribution ledger classification if Title claim paid motor vehicle highway fund