HomeMy WebLinkAbout167372 12/23/2008 CITY OF CARMEL, INDIANA VENDOR: 362318 Page 1 of 1
ONE CIVIC SQUARE KING OF GLORY LUTHERN CHURCH
CARMEL, INDIANA 46032 2201 E 106TH STREET CHECK AMOUNT: $150,000.00
CARMEL IN 46032
CHECK NUMBER: 167372
CHECK DATE: 12/23/2008
DEPAR AC PO N UMBER INVOIC NU MBER AM OUNT DESCRIPTION
920 4470202 150, 000.00 106 /KEYSTONE R -O -W
`31
Form
-9 Request for Taxpayer Give form to the
(Rev. October 2007) I dentification Number and Certification requester. Do not
Department or the Treasury send to the IRS.
Internal Revenue Service
Name (as shown on your income tax return)
King of Glory Lutheran Church
m Business name, if different from above
CL
C
O
CL c Check appropriate box: Individual/Sole proprietor Corporation Partnership Exempt
Limited liability company. Enter the tax classification (D= disregarded entity, C= corporation, P= partnership) payee
p 2 Other (see instructions)
c Address (number, street, and apt. or suite no.) Requester's name and address (optional)
'C
o u 2201 E. 106th Street
City, state, and ZIP code
rn Cannel, Indiana 46032
d List account numbers) here (optional)
to
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 or
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
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. .L.
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. ee the instructlon on page 4.
Sign Signature o r Z
Here U.S. perso r Date O v
General Instrue onS 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 An individual who is a U.S. citizen or U.S. resident alien,
otherwise noted. 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) An estate (other than a foreign estate), or
to report, for example, income paid to you, real estate 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. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rev. 10 -2007)
SETTLEMENT AGREEMENT
THIS SETTLEMENT .AGREEMENT (the "Agreement is entered into this /v�'� day
of `D.eeiIVLbev 2008, by and. between the City of Carmel, Hamilton County, Indiana (the
"City and King of Glory Lutheran Church of Carmel, Indiana .f/k/a King of Glory Lutheran
Church of Indianapolis, an Indiana non -profit corporation "KOG"
Recitals
A. The City is a municipality duly organized and existing pursuant to the laws of the
State of Indiana.
th
B, KOG owns the real, estate and improvements located at 106 Street and Keystone
Avenue, Hamilton County, Carmel Indiana 46032 "KOG Property");
C Pursuant to Indiana: law, the City is entitled to exercise the power, of eminent`
domain.
D: The City seeks to obtain from KOG certain rights in a portion of the ;KOG
Property in order to construct a public right- of:way project known as Keystone Parkway (the
'Project
r
E. To develop the "Project, Carmel needs to acquire Tee simple title to a portion,of the
KOG Property referred to as Parcel 21 (containing ,approximately .862 acres),. A true and
accurate copy of the legal .description of Parcel 21 is attached hereto as Exhibit A A diagram
showing the location of Parcel 2 is attached hereto as Exhibit B
F, To develop the Project, Carmel also needs KOO to transfer its interest in,. an
approximate ;101 acre parcel, located on- the east side of Keystone Avenue (the "Keystone
Parcel"), A true and accurate copy of the legal :description of the Keystone Parcel is attached
hereto as Exhibit C A diagram showing the location ofthe Keystone Parcel is attached hereto as
Exhibit D
G. Parcel 21 and the Keystone Parcel, are collectively referred to herein as the "Reap
Estate
H. A, significant; portion of the KOG Property is located' within a 1flood.plain.
KQ G p p y re prior to th e accpisition of.
Parcel :21 City;na va able to Tor any substantial" expansion of the current building:
KOO is concerned that as a result of the acquisition of Parcel 21 by :the City, KOG's ability to
expand its current building will be. substantially 'limited by (a) the new. front yard set, back' area
that will exist along I W Street which .KOG believes: will essentially eliminate any ::ability to
expand the current sanctuary and (b) KOG's determination. that it is necessary to relocate :its
playground to one of two remaining areas of buildable ground due, to. the proximity of the
playground to the new road. As such, without the agreements made by the City in this
Settlement Agreement,,KOG would not have entered into this Settlement Agreement,
L. The parties to. this Agreement desire that any and all' disputes `among 'them
regarding the Project be settled and forever set. at rest and;that the parties be,spared the trouble,
expense: and delay.of, litigation.
7. After consulting :with. their legal counsel; the City and 'KOG have agreed to
resolve all .of their: current disputes concerning; (a) the Real .Estate, and.(b) the Project, without
the expense, ,uncertainty' ,and necessity of litigation, to. buy'their, peace without admitting .to: any
liability, and to settle all possible current claims therein on the basis hereinafter stated.,
Agreement
In consideration of the mutual covenants contained in this Agreement, the actions taken
pursuant thereto, and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties'.agree as'follows:,
J. Recitals 'The City and KOG realle g a and incorporate by reference :each. and :every.
recital set forth above, in paragraphs A through` J of this Agreement.
2. Right of Entry_ and Temporary Construction Easement ;KOG has previously
delivered a Right of Entry to the City, a copy, of which is attached `hereto as Exhibit E which
allowed the City to begin and continue the Project .in accordance with its terms. The parties
agree that, effective as of the date hereof, Section l of the Right of .Entry is amended by
replacing 143 days from _the date hereof' with "December 15, 2008
3. Settlement Amount In consideration of the sum of One Hundred Fifty Thousand
Dollars ($150,000 (the 'Settlement Amount together with other good and valuable
consideration provided by or. 'on behalf of the City. and ,in accordance, with the terms: of this
Agreement, KOG shall (a) .convey a. fee. simple interest in Parcel 21 to the City by a Corporate
Warranty Deed in the. form attached..hereto as Exhibit's (b) convey: its interests, if 'an in the
Keystone Parcel by Quitclaim Deed in the forrri attached hereto as Exhibit G (c) execute Sales
Disclosure Forms in the forms attached-:hereto as Exhibit H (d), complete the 'W -9 in the form
:attached hereto as Exhibit 1 and (e) obtain a Partial Release of Mortgage in the form attached
hereto zs Exhibit J (collectively the "Settlement Documents
It is further understood and agreed that KOO shall be responsible .for and satisfy all property
waxes,, if any, on Parcel 21 which, become due and payable; before, the date of this Agreement.
Until.such time as the.real estate tax Ytills Parcel 21 from the
.KOG:Property;,KOG.shall
;be responsible for a real estateJazes, 'if.any,, .for Parcel_ 21. The `City shall reimburse'
KOG for ihat_,portion of1he real estate taxes which are attributable to Parcel 21 as determined on
a per acre basis (the "Parcel, 21 Tax Amount KOG shall deliver to the City evidence that'real
estate taxes for the KOG Property, including the Parcel. 21 Tax Amount have, been, paid in full,
along with a. calculation of.. the Parcel 21 Tax: Amount, which calculation shall be reasonably
acceptable to the City, The ,City shall reimburse..KOG for the Parcel 21 Tax Amount within
thirty (30) days after receipt of.such evidence of the payment of such taxes.
4. Other Consideration In addition to the Settlement Amo.unt.set forth in Paragraph
3, the City agrees to the following:
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1279049v2
a: KOG may retain the three (3) .:signs it currently` has The City shall
support the relocation of the signs, provided. that such relocation does: not
interfere, with the Project.. The ,size,, material, and content of the signs,
however, must comply with applicable ,ordinances and will require the
approval of the Department of Community Services,
b. If and when KOG elects to expand. its current building, the City shall
support and cooperate with KOG to expand its current building. withinAhe,
buildable area established by the Carmel Zoning Ordinance,:as amended,
recodifled, supplemented, replaced or otherwise modified from time to
time thereafter. The City -shall recommend that. the" Board of Zoning.
Appeals "BZA give favorable.consideration to such requdst.toi allow the
building expansion to. occur within the front yard setback area.along 100
Street, up to- a distance of five (5) feet from the property "line. established
by the-Ciiy's acquisition Parcel 2.1, and that the;f ling fee with respect o
"such waiver be. waived.. ,Nothing contained herein, however, shall;, prevent;
City employees who act as:staff for the BZA from;perforrning, in good
faith, any evaluation or duty.required of them. in;considerati'on of a request
to construct within the setback area. Such ekpansion must otherwise:
comply with applicable ordinances and will ,require ,KOG to obtain all
other applicable municipal approvals.
C, The City, including without limitation, the Department of Engineering,
shall support and cooperate, with. KOG, if and when, KOG elects; to ,add
improvements within the floodplain located within the KOG: Property. In
doing so, the 'Department of Engineering: will provide such support.
notwithstanding Carmel City Code Section 6 -.1 :98 (which. restricts the
placement of :fill ;in a floodplain) as. amended, recodified, supplemented,
replaced or otherwise modified from. time to time, provided that KOG
mitigates any `floodplain loss resulting from such filling at a minimum
ratio of 1 to KOG will be required to obtain Q), all other necessary
permits and. approvals for the placement of fill in afloodplain; and (ii) all 111 other applicable .municipal approvals for. the construction of such
improvements. The City, including without limitation, the Department of
Engineering, shall. support KOG in obtaining approvals and permits
the placement of fil] in .a _floodplain:
d The City shall work'with KOG to address any raffic congestion-pr. traffc.
issues or.concerris; that may develop:
Q. in designing the Project the City:has addressed drainage issues related to
the KOG Property,. which: may 'result from the Project. Drainage Will 'be
monitored during construction or 'after completion of the Project and :any
issues which'are related to the Project will be addressed by the City:
T. The City shall indemnify, defend and save .KOG harmless from any and
all liability, loss, damage,,cost, obligation and expense which:arises out of
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1279049v2
or results from any neglgent:aet, whether of commission or omission, of
the City, its agents, employees, contractors, subcontractors; licensees or
others claiming by, through or under, the City, occurring in or about the
KOO Property and resulting from the City's activities with respect to the
Project:
g. The City shall cooperate; with KOO to allow KOO to relocate its existing
sanitary sewer connection during construction ,of the Project. KOO
understands that it must :work within the Project schedule. and that KOO
shall bear all costs.of such relocation:
S. Encumbrances on the Real Estate KOO has not executed or permitted anyone on
its behalf to execute any conveyance, mortgage, lien, lease, security agreement, financing'
statement, or, encumbrance. of or upon the Real Estate other than a mortgage to Chase Bank;
Indianapolis, Further, KOG has made no contract.toaell all or part of the Real Estate to;'anyone
other, than the City. "To the :knowledge. of. the pastors and officers of KOO, there are no unpaid
claims for labor done upon or materials furnished for the Real Estate for which liens have been.
or threatened in writing to be filed.
6. Outst an ding Cg laims The City and KOO hereby represent that they know.of no
claims rights, demands, or .causes of action which they have or may have against each other or
each other's agents employees,, officers, directors, attorneys; %representatives, insurers,
successors,. or assigns arising out of or relating:to the Real Estate other, than those'claims, rights,
demands, or causes of action which are being released and discharged pursuant to this
Agreement.
7. Continuing Cooperation To the <extent questions, ,concerns, or disputes develop
concerning the;fee; simple or other interest transferred pursuant to the Settlement Documents, or
the intent of the City or KOO under the terms of this Agreement, then the City and KOO shall
cooperate, in. good faith, to resolve the same2 in a prompt manner; provided,; however, that in the
event the City and KOG are not to resolve any such questions, concerns or disputes to their
mutual. satisfaction, the foregoing shall not prohibit a party from: seeking;: judicial resolution
thereof. Where appropriate, the City, and KOG shall agree upon and :execute additional
documentation reasonably necessary to carry out the purposes and intent of the Settlement
Documents or to document a..mutually agreeable resolution to any such questions, concerns or
disputes.
8, Attorneys' Fees and Costs The 'City and KOO shall bear their own attorneys'
fees and costs incurred and associated with the. Agreement.
9. Representations and .Warranties The parties warrant that, no pro'
inisesi or
inducements for this Agreement have been made. except as herein set forth, that they have the
power and are .duly authorized to execute this Agreement, and that they execute:it knowingly and
voluntarily and accept responsibility therefore. The parties further acknowledge that "they have
received independent legal advice from their attorney or attorn eys v' ith respect to the advisability
of signing this Agreement and that execution hereof'is made without reliance upon :any advice,
4
1279Q4M
statement or representation made by any other- party,. except for representations contained in this
Agreement.
10. Governing Law This Agreement .shall be ,construed and enforced in accordance
with the laws of the State of Indiana;, The parties agree that all disputes concerning ;the.
interpretation or implementation of this` Agreement shall be resolved by an Indiana; court of
..competent jurisdiction.
11. Successors Each. of the provisions of this: Agreement herein shall be .binding;
upon. and shall'inur to the benefit of the successors and assigns in interest of the parties:
12. Entire Agreement This: Agreement; and the exhibits; hereto set forth the, entire
Agreement amon&and between the parties with respect.to 'the subject matter hereof and there are
no agreements .or understandings, whether ora.1 or written, between the part es,;hereto except the
Agreement and' the. exhibits attached hereto. This Agreement:.shall not be modified or amended
except by an agreement in writing executed by. all the :parties Hereto. The:1 terms hereof are
contractual, and not'. mere recitals.
13 Severability If any part, term or :provision of this Agreement should be found to
be invalid or unenforceable by any applicable; law or court. o.f.applicable jurisdiction, that part,
term or provision sha11 be :replaced by a provision which comes as close. as .possible: to the
intended result of the invalid provision, `and, the economic` purpose thereof; and which is valid
and enforceable. The invalidity or unenforceability of any provision hereof shall in no; way
affect the validity or enforceability of any other provision.
14. Negotiated A reement This,Agreeme.nt'is the result.of negotiations between'the
parties, and. :'no. party shall be deemed. to be the drafter of this Agreement.or any of the exhibits..
attached hereto,, The .language ,of all parts of this Agreement shall in all cases be construed as: a
Whole,. according to its fair meaning, and not strictly for or against.either party.
15. Original Agreement 'This Agreement may be executed in two or ;more;
counterparts, each of which shall constitute an original, but all, of which,'when,taken 'to.gether;
shall constitute but one Agreement.
[SIGNATURE PAGE FOLLOWS]
5
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IN WITNESS WHEREOF, the parties, either personally or by their: duly authorized`
agents, have executed this Agreement effective; as of the :date first written above.
CITY OF CARMEL, INDIANA
By:
Printed: 1 il)cdL1elAfGj
Title:
STATE OF INDIANA
SS
COUNTY OF HAMILTON
Before me a Notary. Public in and for said County and State, personal) y a ppeared
eared
who, .having been duly sworn, acknowledged the execution of this
Agreemen to be A voluntary act and deed and warranted that he was duly authorized to enter
into this Agreement on behalf of the City of Carmel
Witness my hand.and Notarial Seal this of
Y ,'2008.
u i.J -,A x 1 e r
(Printed N e) `Notary: Public
My Commission Expires; County of Residence:
6
1279049v2
KING OF GLORY LUTHERAN CHURCH OF
CARMEL, INDIANA f /k/a KING'.OF GLORY
LUTHERAN. CHURCH OF INDIANAPOLIS,
an Indiana .non -profit corporation
1
By:
Printed: 6
Title: �^NSi/
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me a Notary. Public in and for said County and State, personally appeared
C-IP C-IZAO SM i {1
F� the of King of Glory Lutheran .Church of Carmel,,..
Indiana f/k/a King of Glory Lutheran Church of Indianapolis an Indiananon- profit corporation
who, having been duly sworn, acknowledged the execution of this Agreement to be his voluntary
act and deed and warranted, that,,he /she was duly authorized to enter into this Agreement on:
behalf of King of Glory Lutheran Church of. Carmel,. Indiana:
k
Witness my hand and Notarial:Seal this day of �e�cenm�er" 2008.
Deank McClgttd -2 I f
SEAL
Notary Publk" Twilflarl
Coantyof Marion (Signature)
My Comm. Eapirea; Oct; 24, 2015. f
(Print -&Name) Notary Public,.
My Commission Expires: County of Residences
1279049v2
EXHIBIT «A»
Project: 07 -08 Sheet l of I
Parcel, 21 Fee'Simple
Apart of the. West Half of the Northeast Quarter of Section 7, Township 17 N. orth, Range 4
East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right
of way lines, depicted on the. attached Right of Way Parcel, Plat, marked EXHIBIT "B
described as follows.: Beginning on the north line of said half. quarter section South: 89
degrees 23 Minutes 38 seconds East 685.90 feetfrom the northwest corner of said half :quarter
section, which point of beginning is the northwest corner of the grantor's land: thence
continuing South 89 degrees 23 minutes 38 seconds East. 3.06.63 feet :(306.82 feet per "Deed
Book. 171, page 443) along the north: line of said half= quarter;seedon to the :west boundary of
the intersection of Keystone Avenue (also known as S.R. 431) and 1.06 °i :8trce'L thence South
0 degrees 36 minutes 22 seconds West 17.11 ':feet along the west line of the intersection of
said ,Keystone Avenue and Street to the southwest boundary of'satd intersection;
thence South 61 degrees 41 minutes 08 seconds East 19.12 feet along said southwest
boundary to. the South boundary of 106`" Street; thence continuing South 61 degrees 41
minutes 08 seconds East 90.59 feet along the 'southwestern boundary of said intersection to
the western boundary of .said Keystone. Avenue; thence South 9 degrees 42 minutes 08
seconds East.248.17 feet along said western boundary to point "350" designated on aid plat;
thence North 24 degrees' 15 minutes 07 seconds West 151.81 feet to. point "351" designated
on said plat; thence North 54 degrees 57 minutes 18` seconds West 167.18 feet to point, "352"
designated, on said plat; thence North.84 degrees' 21 minutes 06 seconds, West, 247.06.feet to
the.. west line of said grantor's land designated as point "353" on said plat- North 0
degrees 14 minutes 22 seconds East 13:28,: feet along the west line of said. grantor's land to
point "354" designated on said plat; thence continuing North 0.degrees 14 minutes 22 seconds
East. 19.00 feet along said west line to the: South boundary of said 106`h Street; thence
continuing North .0 degrees .14.1 i 0
es 22 seconds East 26.00 feet along said west line to 'the
point of.beginnng and containing 0.862 acres, more or less inclusive of the .presently existing
right =of =way, which contains 0:185 acres; more or less.
This description was prepared for the City of Carmel, Indiana. by Tracy L: McGill, Indiana
Registered.Land Surveyor; Lice.nse.Number LS20500009, on the 27`h day of December. 2007.
STATE OF fi
11 14 su e EXHIBIT A
`Page 1 of 1
EXHIBIT °B" SHEET 1 or 2
RIGHT -OF -WAY PARCEL PLAT
Prepared For The.City.of Carmel o o 200
by: AMERICAN
STRUCTUREP ®INT SCALE: 1"-2
INC. 28
o 0 342 Lin a
O FR- S`5_t 343
s ra`
106th Street 22 341 0 440+
685:90 306.82' 17;37' Line' "S -5 -EN 6 r 5
340 8
354
23
21 R W 353 R/ VV
R
o 25
o
N 351
Residue w z
cJ
350 'i W
464.45
Z Z-
464:11' 7.
3 435 +00
a 1
J �1 RS,
to 1~
120.00' O
4
co
in
O L6
I`h cV
210.00'
Sell- Off 6J,
o
430 +00
rn
.517.59"
16
8
7 8.,
HATCHED AREA IS THE APPROXIMATE TAKING
OWNER: King.of Glory Lutheran'Church of Indianapolis DRAWN BY: JEM
PARCEL: 21 CHECKED, BY; TLM..
PR03ECT: 07 -08
ROAD; Keystone Parkway DEED e00K 171, PAGE 443 DATED JANUARY 8, 1962
COUNTY, Hamilton ,INSTRUMENT NUMBER 921.4162, DATED MARCH 25, 199.2
SECTION: 1 7 NORTH INSTRUMEN
TOWNSHIP:: 1 T NUMBER. 93.61331, DATED DECEMBER 2, 1993
RANGE 4 EAST
rurc of er WAC WrDA09:r) COOM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
EXHIBIT: B
Page 1 of 2
EXHIBIT "B"' SHEET 2 OF 2
RIGHT =OF =WAY PARCEL PLAT
Prepared For IThe City of Carmel
by.:. AMERICAN
STRUCTUREPOINT
INC.
POINT. REFERENCE CHART (Feet)
Point North' East Station Offset
16
18
21
z2 See. Location Control Route Survey Plat
23
25
28
340_ 15308:1808: 12891.0092, 10 +00
341 15298.4553 13810.5079 19 +19:55 0' PR =S S -E
342 15390.2863 14016.0948 21 +44:72 0' PR- S -5 -E.
343 15311.6324 14380.8194 25 +17.83 01: PR- S -5 -E
350 14990,9152 13829.3766' :437 +00 PL(93.61') Lt: E.
351 15129.3293 13767.0200 438 +44 141' Lt. E"
352' 152253279 13630 17 +40 80' Rt. 5-5 -E
353 15249.6446 13384.2882 +PL(14 +93,87) 53.32' PR -S -5 -E
354 152629268 13384.3436` +PL(14 +93:79) PL(40;03') Rt PR 7S -5 -E
SURVEYOR'S STATEMENT „„uuu����►u,��„��
To the best of My-knowledge `and belief, this plat together with the "Location Control `a ,4````�G`(
Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder Df c,�sTER'
Hamilton County, Indiana, incorporated and, made a. part hereof by reference,
FQ
comprise a L Route Survey executed in accordance with Indiana Administrative Code
865 IAC 1 =12 Rule .12"
(20 5Q0 1 ®09;
STATE`OF r
7N
Tracy .L.McGill Date DIA��go.
Reg Land Surveyor No. LS20500009
State of Indiana
NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
OWNER:: king of Glory Lutheran Church of Indianapolis DRAWN.BYi JEM
PARCEL: 21 CHECKED BY: TL
PROJECT 07 -08
ROAD: Keystone Parkway
COUNTY: Hamilton
SECTION: 7
TOWNSHIP: 17 NORTH
RANGE 4 EAST AMERICAN STRUCTUREPOINT,:INC, PROJECT NO;[N2003066!
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY AFIELD SURVEY.
EXHIBIT.B
PaLye 2L o1' 2
EXHIBIT "A."
Project: 07 -08 Sheet 1 of
Parcel 21 A:
A part of the west half of the northeast quarter of Section 7. Township, 17 North, Range 4
Ea Flarnllton County Indiana, and being, that part of the: graniors land lying within the right:
of Nvay lines depicted on the attached Right of Way Parcel. Plat; marked EXHIBIT `'B
described as follows`. Commencing at the northeast corner of' said section; thence North 89
degrees 23, minutes 38 seconds WestA324.30 feet (1324.13.f'eet. per Inst No. 20020005024).
along the north line.of said quarter section to the northeast. cornei of said west half; thence
South. O degrees 30 minutes 32 seconds West. 16.50 feet along.the east line of said half quarter
section to the point of beginning of this description thence continue South 0 degrees 3.0
minutes 32 seconds West 403.26 feet along said east line to the eastern. boundary of Keystone
Avenue designated as point "393" :on said plat; ,thence North 8 degrees 35, minutes 17 seconds
West 27.00 feet along the boundary of said Keystone Avenue; thence North2 degrees 26
minutes 17 seconds West 300.50 feet along said boundary; thence North 14 degrees 57'
minutes 43 seconds East 79.00 feet along said boundary to the point of beginning and
containing 0.101 'acres, more or less
This description was prepared for the City of Carmel, Indiana by Tracy L. McGill,, Indiana
Registered. Land Surveyor, License Number LS20500009, on the 12 day of February, 2008•
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No.
1 0 0
STATE ,OF
EXHIBIT C
Page 1 of I
EXHIBIT "B" SHEET 1 OF 2
RIGHT -OF -WAY PARCEL PLAT
Prepared For The City of Carmel 0 50' 100
by: AMERICAN
SCALEi 1" =,100'
STRUCTUREPOINT
3
INC
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3 a
J KC PROPCO LLC
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N COUNTY' OF HAMILTON
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MISC.: BOOK. 130, PG 112.
NE COR, W 1 /2, NE :1 /4, SEC.. 7
EXISTING R W
o 20 00
106th Street i
1324:13'
24 +ob 6 5
tine's. -5 -E" CITY OF CARMEL INST. NO. 2007003041 7 8
16:50`
d EXISTING:R /W
23 R/W
391
392
REPLAT OF PART OF.
LOT 1
FARLEY CEMETERY
INST. -NO. 200200005024
d
ZV) 0
W° 0 X la- W LOT 2'
J N
o MICHAEL E. LOT 3
u r BEYERLY L. EBY
Y v LOT 4 t 1
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0 37 V)
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M z r s \l
w JAMES B.
u z j KATHRYN KESSLER a
J.:
LOTS
HATCHED AREA: IS THE APPROXIMATE TAKING
OWNER, KING OF GLORY LUTHERAN CHURCH OF INDIANAPOLIS. DRAWN BY: JDH
PARCEL 21A CHECKED BY TLM
PROJECT: 07 -08
ROAD: Keystone Parkway DEED BOOK 171,, PAGE 443, DATED JANUARY 8, ;1962
COUNTY: Hamilton
.SECTION: 7
TOWNSHIP: 17 NORTH
RANGE: 4 EAST
THIS PI AT. WAS PRFPARFn FunM PUBLIC DOCUMENTS AND NOT CHECKED.BY A FIELD 5URVEY:
EXHIBIT D
,Pager l of 2
EXHIBIT "B" SHEET 2 017
RIGHT -OF -WAY PARCEL PLAT
Prepare_ d For IThe City oP Carmei
bY: AMERICAN
STRUCTUREPQINT
INC
POINT REFERENCE CHART (Feet)
Point North East. Station Offset`
18
23 See. Location Control Route Survey 'Plot
24
391 15250.2644 140515472 439 +34':70 156.26' Rt. E
392 15250.5265 14025.6656 439 +37.85 PL(128,56').Rt HE 393 1488.1.3982 1.4022.3876 +PL(435 +71.05) PL(87.00 )Rt.
SURVEYOR'S STATEMENT "u °'urrrnr
To the best of my knowledge and belief, this plat, together with the "Location Control;
Rbute_Survey" recorded as Inst. No. 200200088040 in .the. Office of the Recorder of �E FO N,�
Hamilton County, Indiana, incorporated and made a part hereof byreference„ No o
comprise a Route:Survey executed. In. with Indlana,Administrative Code
865 IAC.1 -12 („Rule 12 2050000
C STATE 6P
Np! fit. P,..
Tracy L. McGill Date` R�`��``
Reg: Land Surve.yorNo.. LS205.00009 V
Stat.e.of Indiana
NOTE STATIONS. AND OFFSETS ARE: TO CONTROL OVER NORTH AND EAST COORDINATES.,
FE OW ER.; KING OF GLORY LUTHERAN CHURCH OF INDIANAPOLIS DRAWN BY; JDH
E L: 21A CHECKED BY: TLM
ECT: 07 -08.
Keystone Parkway TY: .Hamilton ON 7
SHIP: 27 NORTH E:` 4 EAST AMERICAN STRUCTUREPOINT, INC PROJECT NOAN20030661
THIS PLAT WAS PREPARED. FROM PUBLIC DOCUMENTS AND NOT:CHECKED BY A FIELD SURVEY.
EX111BIT D
Page of 2
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
King of Glory Lutheran Church Purchase Order No. NA
2201 E. 106th Street Terms
Carmel IN 46032 Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
12/12/08 NA 07 -08 Keystone Parkway
106th Street Just Compensation Land Cost
Parcel 21 $150,000.00
Please forward this check to Jeremy Kashman
City of Carmel Engineers Office
Total $150,000.00
I hereby certify that the attached invoice(s), or bills(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
J
VOUCHER NO. WARRANT NO.
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le
King of Glory Lutheran Church ALLOWED 20
2201 E. 106th Street IN THE SUM OF
Carmel IN 46032
150,000.00
ON ACCOUNT OF APPROPRIATION FOR
King of Glory Lutheran Church
PO# or INVOICE NO. ACCT /TITLE AMOUNT Board Members
DEPT.#
NA NA 4470202 $150,000.00
I hereby certify that the attched 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
December 22, 20 08
$150,000.00 Signature
Cost distribution ledger classification if City En
claim paid motor vehicle highway fund Title