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216452 01/15/2013 CITY OF CARMEL, INDIANA VENDOR: 366796 Page 1 of 1 0 ONE CIVIC SQUARE MEYER FAMILY LIMITED PARTNERSHIPCHECK AMOUNT: $271,100.00 CARMEL, INDIANA 46032 110 E 111TH ST INDIANAPOLIS IN 46280 CHECK NUMBER: 216452 *<IUiI GO CHECK DATE: 1/15/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 202 R4462864 26568 PENN 253 , 700 . 00 .111/ILLINOIS 202 R4462864 27480 PENN 17, 400 . 00 PENNSYLVANIA IMPROVEM CLOSING STATEMENT Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information on every real estate transaction. The information provided below, except for the tax identification number, is adequate information to provide to a tax professional. FEE OWNER: Meyer Family Limited Partnership ADDRESS: 110 111 rn Street, Indianapolis, IN 46280 PROPERTY ADDRESS: 110 111 rn Street, Indianapolis, IN 46280 DESCRIPTION OF PROPERTY: A part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana TAX PARCEL ID: 29-13-02-000-014.001-018 PROJECT.- Des No. 1297165, 111 rn St. and Penn St., City of Carmel, PROJECT PARCEL: 64 COUNTY: Hamilton CLOSING DATE: PURCHASE PRICE: $271,100.00 LAND AND/OR ADMINISTRATIVE SETTLEMENT: $ 17,400.00 IMPROVEMENTS: $228,000.00 DAMAGES: $ 25,700.00 Please be advised that no property taxes have been assumed by the City of Carmel in connection with the purchase of the above-captioned property. Any applicable tax adjustment, due to the above purchase by the City of Carmel, would be accomplished by the County Assessor after the deed is recorded by the City or its agent. This is supposed to be done; however, you should take the initiative to make this adjustment. The City of Carmel has no authority to remove or change any taxes of any nature. I (we) certify that the above is true and correct and acknowledge receipt of payment. Fee Owners Signature Date Signature Date DES #: 1297165 PARCEL: 64 Cross Reference to Prior Deed of Record: Quitclaim Deed, Instrument Number 200200032521 in the Office of the Recorder of Hamilton County, Indiana TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (this "Agreement") is made and entered into this day of /i//D VC-Al&C/2 , 2012 by and between the Meyer Family Limited Partnership, also known as the Meyer Family Limited Partnership dated January 17, 2002, ("Grantor") and the City of Carmel, Indiana ("Grantee") for and in consideration of the sum of Thirty-five Thousand, Eight Hundred Dollars ($35,800.00) (of which said sum $35,800.00 represents land temporarily encumbered and improvements acquired and $ -0- represents damages). RECITALS A. Grantor owns certain real property (the "Grantor's Parcel") located in Hamilton County, Indiana, more particularly described as follows: See Exhibit 1 attached hereto and incorporated herein. B. Grantee, in connection with Grantee's public improvement project entitled 111`h Street and Pennsylvania Street — DES #: 1297165 (the "Project"), requires a temporary easement for the duration of the Project for purposes of constructing that portion of the Project located upon and/or adjacent to the Grantor's Parcel. Such temporary easement area (herein referred to as the "Temporary Easement Parcel") is more particularly described as follows: See Exhibit A which is attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grant of easement and the mutual promises and covenants set forth herein,the parties hereto agree as follows: 1. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement Parcel for all purposes related to the construction of the Project, including, but not limited to, the storing of equipment and the staging of the construction of the Project. Upon the earlier of the date of final completion of the Project or three (3) years from the date hereof, such temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition as existed prior to the commencement of the Project, except as reasonably modified by the Project. 832365v1 1 2. Rights Retained by Grantor. Grantor shall retain unto himself, and his grantees, heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the right to use the Temporary Easement Parcel for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Grantee, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the Project, as well as the right of access over and across the Temporary Easement Parcel to and from public streets adjacent to the Temporary Easement Parcel via Grantor's existing driveway or any future driveway. 3. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with all the benefits thereof, shall run with the Grantor's Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantor's Parcel, and shall bind Grantor and his grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Grantor's Parcel and the Temporary Easement Parcel, as applicable, shall run with the Grantor's Parcel and the Temporary Easement Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. 4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions. The undersigned represents and warrants that he is the General Partner of the Grantor; that the Grantor is a limited partnership validly existing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real estate interest described; that pursuant to a resolution of the partners of the Grantor or the Partnership Agreement of the Grantor he has full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; that he is therefore, fully authorized and empowered to convey to the City of Carmel, Indiana real estate of the Grantor, and that on the date of execution of said conveyance instruments he had full authority to so act; and that all necessary partnership action for the making of this conveyance has been duly taken. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR GRANTEE MEYER FAMILY LI ED PARTNERSHIP By � By: ri ed: /C�!f`-�' ( - WeVe� Printed: Title: AX kt e e- Title: � 4116v R) 832365v1 2 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared the Meyer Family Limited Partnership, BY: James R. Meyer, Partner , the Grantor, and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing_'Agreement. Witness my hand and Notarial Seal this Z day of /11 OVA V%64 r , 2012. My commission expires: Notary Public I am a resident of County ANDREW B.BUROKER o ; !AMY• Marion County Printed Name M ✓�' y Commission Expires September 14,2015 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me,,, a Notary Public in and for said County and State, persona ll ap eared , the of the Grantee, who,6Kaving been duly sworn, acknowledged the tn and accuracy of the representations made herein and the execution of the foregoing Agreement for and on behalf of said Grantee. 46- Witness my hand and Notarial Seal this day of , 20}- / 7. My commission expires: Z21 61(0 r .\\ Notary Public I am a resident of,- `01 1 County, IN Printed Name This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number in this document,unless it is required by law. Douglas C. Haney 832365v1 3 Exhibit 1 RFMAINGFR LANG DESCRIPTION Pcif of the Southwest Quarter of the Northeast Quarter of Section 2, rownship 1? North. Range 3 East in. Hamilton County. Indiana,being more particularly described as follows: Beginning at c P.K. Nail marking the Southeast corner of said Southwest Quarter; thence South 88 degrees 5d minutes 42 second: West fassumed bearing) along the south line thereof a distance of 1351.47 feel to the Southwest corner of said Southwest Quarter, thence North 00 degrees 16 minutes 44 seconds East along the west.line thereof a disiopce of 1327.31 feet to the northwest corner thereof; thence North 88 degrees 49 rninuies 25 seconds East along the nc6h line thereof.a distance of 1348.29 feet to the Northeast corner thereof: thence South 00 degrees 08 minutes 23 seconds West along the east lime thereof a distance of 379.44 feei to a 5/8 inch rebar and cap scribed "Benchmark Surveying" (hereinafter referred to as 5/8 inch rebar); thence South 88 tlegiees 54 minutes 42 seconds West a distance of 678,05 feet to a 5/8 inch rebar; thence South 00 degrees 08 minutes 23 seconds West a distance of 393.92 feet to c 5/8 inch rebar;thence South 88 degrees 41 minutes 01 seconds East a distance of 678.04 feet to a 5/8 inch rebar and said east fine; thence South 00 degrees 08 minutes 23 seconds West along the east line thereof a distance of 527.49 feet to the Point of Beginning,Containing 29.470 Net acres,more or less. SUBJECT to the Permanent Easement for Pennsylvania Street per the City of Carmel Project No. 97-04, more particularly described as follows: Commencing at the souihwest corner of said Southwest,Quarter: thence North 00 degrees 16 minutes 44 seconds East along the west line thereof a distance of 23,91 feet to the north boundary of I I I Ih Street and the Point of Beginning; thence North 88 degrees 58 minutes 25 seconds West along said north boundary tine a distance of 43,02 feet', thence North 00 degrees 16 minutes 44 seconds East.a distance of 193.01 feel: thence northeasterly 553.82 feet clang on arc to.the right and having a radius,of 3764.72 feet and subtended by a chord having a bearing of North 04 degrees 29 minutes 35 seconds East.and.o length of 553.32[eel; thence North 08 degrees 42 minutes 27 seconds East a distance of 136.58 feet:thence northeasferfy 429.15 feel along an arc to the left and having a radius of 3874.72 feel and subtended by a chord having a bearing of North 05 degrees 32 minutes 04 secands East and a length of 428.93 feet to the north line of said Southwest Qucster: thence South 68 degrees 49 minutes 25 seconds West along the north line thereof a distance of 133.00 feet to the northwest corner thereat; ;hence South 00 degrees 16 minutes 44 seconds West along the west line thereof a distance of 1303.80 feel to the Point of Beginning. Containing 2.139 acres,more or less. 832365v1 4 Exhibit "A" Sheet 1 of 2 Project: 1297165 Parcel: 64A Temporary Right-of-Way for Grading Tax Id. No. 29-13-02-000-014.001-018 A part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southwest Corner of said northeast quarter designated as point"1"on the Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section, to the southern boundary of Pennsylvania Street;thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet(33.02 feet by Instrument Number 200200045075) along said southern boundary,to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet(193.23 feet by Instrument Number 200200045075) along said eastern boundary; thence continuing along said eastern boundary Northeasterly 227.07 feet along an are to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 03 degrees 14 minutes 10 seconds East and a length of 227.04 feet to the point of beginning of this description; thence South 85 degrees 04 minutes 10 seconds East a distance of 19.91 feet; thence South 01 degree 16 minutes 01 second West a distance of 98.36 feet; thence South 08 degrees 42 minutes 02 seconds East a distance of 185.57 feet; thence South 26 degrees 47 minutes 32 seconds East'a distance of 73.82 feet; thence South 53 degrees 08 minutes 26 seconds East a distance of 55.82 feet;thence South 85 degrees 15 minutes 50 seconds East a distance of 125.40 feet; thence South 89 degrees 50 minutes 16 seconds East a distance of 80.00 feet; thence South 00 degrees 09 minutes 44 seconds West a distance of 15.00 feet to the proposed north right-of-way line of 111th Street; thence the following eight(8) courses along said proposed right-of-way: 1)North 87 degrees 59 minutes 24 6 Exhibit "A" Sheet 2 of 2 Project: 1297165 Parcel: 64A Temporary Right-of-Way for Grading Tax Id. No. 29-13-02-000-014.001-018 seconds West a distance of 155.08 feet; 2)North 89 degrees 50 minutes 16 seconds West a distance of 85.00 feet; 3)North 48 degrees 51 minutes 10 seconds West a distance of 59.75 feet; 4)North 15 degrees 50 minutes 44 seconds West a distance of 83.82 feet; 5)North 05 degrees 36 minutes 49 seconds West a distance of 184.56 feet; 6) North 04 degrees 01 minute 50 seconds East a distance of 78.85 feet; 7)North 85 degrees 22 minutes 10 seconds West a distance of 9.92 feet, to the eastern boundary of Pennsylvania Street; 8)Northeasterly 19.76 feet along an arc to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 04 degrees 48 minutes 49 seconds East and a length of 19.76 feet to the point of beginning and containing 0.297 acres,more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered Land Surveyor, License Number 29600021,on the�day of Ate,2012. ��_01 S TER£0 � TRENT E. NEWPORT INDIANA LAND SURVEYOR No. 29600021 NO. LS 29600021 STATE OF INDIANA 9N� SUR`o 1 ASS SALES DISCLOSURE FORM State Fenn 46021(R11/12-11) SDF ID ` " Prescribed by Department of Local Government Finance County Year Unique In Pursuant to IC 6-11-5.5 SDF Date: PRIVACY NOTICE The telephone numbers and Social Semritynumbers of the parties on this form are confidential accordin to IC 6-L1-5-53d. 1.Property Number Check box ifappftcableto S.Complete Address ofProperty 6.Complete Tax Billing Address Cfdffferentfrom parcel property address) A.) ® 2.Split ONE CIVIC SQUARE z�.13 OZ 600 0H.001- CN 4.3.Land Improvement CCIrrh l�l� TN 44032 �MEL, IN 46032 7.Legal Description ofParcel A: $.) Z.Split ® 3.Land [] 4.Improvement 7.Legal Description ofParcel B: - _ �F'_:. `1. _ L °-i�i•""��r-*?is,'�.�T'�:,r '-raiE'i-.;i„:. _ r-,•;�.. - - �r=�3�'•'D7�� '��_I7 •�±(�-- '� }�y!-�_+�-p - ,-��; __ �_��ry,,[= -�` =+UIF.fS� t�.E, - -�*-I _..�.-�_ �.r��7�.- +.':Ll: � ,71_19:)°`,�.--.� ��3�°:iz` �Y-33LS;?� y'_�� w_r,, " �, _a_rY•__11 -.,��_.. - - `�+>~.--_.^- l�t'�J=3'i:Dr.�:_�-f _�',�:.� - r.�__. - d..c-m,s.-;v TY:_-s».^:a _ -,. -.<�2.:���_ -�?4. :Tt;xc<r u -' ,i�N•==2^���-_ha.__ _ -iu-I��E�:,-:.�a-'-'-�? - __ _.1,.- - --•ci.!.__..:_3:a''"v'd'LS-hr`s"..:. _�=_ - +..t,: '{�{A (! - ��: _ _ _ .-•:t,.`rt•c��_-m+_��_-.--.�_;._.�,.. -r: r�:y��-. '-.c--_..>�-r_::..-.--roe:rv,•_,r _ >.:__-_ -_•. ^r •:-_.,:._.,.._.-.-::>�-.--.._�a..:`+$:r,...._..:-.-^:_ `.ri'°�'�`'.:iE:r:_-+<,�w....-.:•-E.»=�4?iY-°-•�..-_ .:.r=,___ __ __ _ _.3_-.. .s_sYi::._ __ ,•?c-�- - _ '^`i:.,d- - ___`::c_'i..:;+�.�_:Y:,;E•c. _ If condition 1 applies,filer is subject to disclosure and a disclosure filing fee. I I / Z, / �� ` 1.Conveyance date(MM/DD/1'}'Yl�: YES NO CONDTTION ❑ 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. ❑ V 4.Exchange for other real property("Trade"). B6: Right-of-Way Acquisition for Highway ❑ i 5.Seller paid points.(Prav;de the vane Table crtem 12) - Purposes. ❑ 6.Change planned in the primary use of the J property?(Describe in spedaldreu stancs in Table Cltem 3.) ❑ 7.Existence of family or business relationship between buyer and seller.(campleirTableCltem4.) DAMAGES Too 00 E] 8.Land contract Contract term m �i/�1l`lJ and contract date(MM 1DD1ffM: ❑ 9.Personal property included in transfer.(Provide the value YES NO CONDITION T Table Lltem S.) ❑ 10.Physical changes to property between March 1 ❑ 4.Family or business relationship existing between and date of sale.(Descdbeinspedaldrcumstances;n rablecltem3.) buyer and seller? Amount of discount: $ ❑ 11.Partial Interest(Describe in special circumswncesin Table Chem 3.) Disclose actual value in money,property,a service,an agreemenk orother consideration. [] 12.Easements or right-of grants. If conditions 13-15 apply,filers are subject to disclosure,but no disclosure filing fee. S.Estimated value of personal property: $ 1 �6 YES NO CONDITION 6.Sales p rice: $ Z Z`d 000. ? ❑ 13.Document for compulsory transactions as a YES NO CONDITION / result of foreclosure or express threat of ❑ 7.Is the seller financing sale? If yes,answer foreclosure,divorce,court order,judgment, questions C8-13). condemnation,or probate. §r 14.Documents involving the partition of land E) 8.Is buyer./borrower personally liable for loan? ❑ between tenants in common,joint tenants,or ❑ 9.Is this a mortgage loan? tenants by the entirety. 10.Amount of loan: $ NA 'I ❑ 1S.Transfer to a charity,not-for-profit organization, 11.Interest rate: NA oho or government NA 12.Amount in points: $ 13.Amortization period: NA INDIANA SALES DISCLOSURE FORM SDF ID: Pa Re 2 - t L`L (1 e LA AGENT Preporer of the Sales D sclosure Form 6919 E. 10th STREET, SUITE E-2 ::ND OWS, INC. Address(Number and Street) Company INDIANAPOLIS, IN 46219 (317)322 70489 lballantyne @aro\vs,biz City,State,and ZIP Code Telephone Number E-mail -d.-_ S'�` �,`y��___;--- x �..�= I •;.��,�R.? s.4:..._�:. �. x. _.._.._ F_�_,..:�,.__ __�� -,.... �.-����F�..,_..:�. _ -� Mc�v ToM I u LM ' a Al(fC5h L Seller 1-Name as appears on con eyonce document Seller 2-Name as appears on conveyance document Address(Numberand Street) Address(Number and Street) /s. -, y� X City;State,and ZIP Code City;State,and ZIP Code —( 31-1 ) 644-ozaz- Tele hone Number E-mail Telephone Number E-mail Under penalties of perjury,I hereby certify that this Sales Disclosure,to the best of my knowledge and belief,is true,correct a mplete as re q 'red by law,and is prepared in accordance with IC 6-1.1-5.5,"Real Property Sales Disclosure Act". Sign re of Seller Signature of Seller Printed Name o Seller Sion Date(MM/DDATM Printed Name o Seller Sign Dote(MM/DD/YYM :F�:' :E ' :fi ?1-T.EE:S:_-•�A�1?.P:i�G�l�'�{lN"Fifl�':IIflI?EB�YiT�l X�34�EI3`f1 #�NS��3T]�$7T1:EYL:���'rf3���4P.P�:_.-�:�-.--; ;;"�_.�;�__, ,�'T�': CITY OF CARMEL,_INDIANA Buyer l-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 City,State,and ZIP Code City,State and ZIP Code (317) 571-2441 Teie hone Number E-mail Telephone 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 CONDITI N ❑ 1.Will this property be the buyer's primary ❑ ® S.Homestead residence? Provide complete address of primary ❑ ® 4.Solar Energy Heating/Cooling System rPCirienre.indlif inu rounty. ❑ ® S.Wind Power Device ONE CIVIC SQUARE Add-....rnl. h.,n 1 Crr 11 ❑ ® 6.Hydroelectric Power Device CARMEL, IN 46032 HAMIL TUN ❑ ® 7.Geothermal Energy Heating/Cooling Device City,State ZIP Code County ❑ ® 2.Does the buyer have a homestead in Indiana to be E] ® i3.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 a-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 Secu 'ty and Driver's License/Other numbers are not necessary if no Homestead Deduction is being filed.) - Signature of uye 5 Signature of Buyer2/Spouse Printed Legal Name ojBuyer 1 Sign Date(MM/DDMTY) Printed Legal Name of Buyer2/Spouse Sign Date(MM/DD/)m? Last S digits ofBuyer 1 Driver's State Lost 5 Digits ofSocial Security Number Lost 5 digits ofBuyer2/Spouse Driver's State Lost 5 Digits ofSocial Security License/ID/Other Number Rtumber License/ID/Other Number INDIANA SALES DISCLOSURE FORM SDF ID: Page 3 The county assessor must verify and complete items 1 through 14 and stamp the sales disclosure form before sending to the auditor: I.Property Z.AVLand 3.AVlmprovement 4.Value ofPersonal S.AV Total 6.Property Z Neighborhood 8.TaxD&trict 9.Acreage Property Class Code Code A-) B.) Assessor Stamp 10.Identify physical changes to property between March 1 and YES NO CONDITION date of sale. ❑ ❑ 11.Is form completed? ❑ ❑ 12.State sales fee required? 13.Date of sale fmvlmly": 14.Date form received(MM/DD/ymj: ,... _.:-a..;>: :,,:e;,,; _.: . .- _.. .-,.- ^.�=:�"-�r-:r-.:`;.:;��;t.�::.:.:.;;�r. •a�.:z;<;�'r��:;�''.;=i.rs-: -:_d: _<-:;:�i=�"• =:_::::-.`�-r,,.'�_*:;;:^,�:=�:=:`:r::-�':.>=:,�7-tr',:_. >Items:lSthrou •lBaretb'-becom letedhvtheassessor,wheu:vandattn ,th�ssale - - - - _- ._ . ... 1Safa itcablendent.;an :addtttanal^s enalFctrcumstancesr'el atina:io.validahonsofsa le`.�.��'?=��-���'`='�� - ._... ._- ___._ _..r:..•--,_�., .. ._. •�_... ., ,���_:.._. acid-fortren ain .. __,-.,- ._,.�..v..�_.,._,..,•::-�•�-.,=__°: -._,--_..,...,_M _r..._...-�_:.x=�:.�,:- - �:�-'❑=�`. flniofsate:cam Iete 1,. _..�. .-.;:.. �:•• �-:w rte._ '1 aIida d= .,, ._ �_c -,.,.-... .-,." _..r. .__a-._.. ... .r -. .--...<..,.�._T-rte,.......,......,-'� ._,._-_. ._:> .:_ -....1.-,...-_t.> ._ .-;- �+r== - __'y"'• _ _ _ .r.,.ta t._.._.:-.r.,.:.-�..,-... ._,_.--„._,,..:.,.,�,.,...�,_.-:.a-..,.:.art_--•....�.;.��n�:.. ,.,,....,” ...:..:::.....�.�;:_-::a,?se-,r _ :•-o.,,r _ _ _ ::i x.�--y-.-..,,..._:_k:4 -.ti ;; ^^.�.:....K.. -ate_.r;......,�.._. ...._..,:^x.-._ .. - _- :<-,,.. - -- �.�:"E•� - - sr,-,..:..�,_ �,:`t -v"a"t{-"".-rte -.:-`•-.- .:,i°w:�i^�:�?:,:: ..<a. _.,�a�•.," � .. ... ..-.:_:n=:..:�..e::,.:�:-:.^:s..q:..<z-r�� -'x:e='v� =Nx .r:'Y-^+ - _ - .i,.. hE.�i','f=:�::::�v':nr�v:'-.°y+,y.r:'u�--E•<?e=L:yc� ._t'""1"'Si.,`•-^ _ _ _���`''-` _ - :..-_.__>...........,5:,`...._.._,...._4:.. _s_.-.1�,.:-..�._c._...n..,,,r.-..•.arc-::.,..n._.-r-'�.....,- ,.........-._->, _ _ __ - _.,.......,.,es.:::;...L....�.=c.•n:�:e_.ec.�.-�^'r,-s;L'..,.:°.,..._u^,.�b!.e.,.58n<�`. t>.. -t�--°>°a'x"S'-'�% -v�`Y'��^E"^i-?: ...3-,'t-,�=�.v - yw. �::?r,_..._:.-_<:-::�..:..r_,. .a.-x'-^:.�?:-:x.>... ,.ate,::; -z-`.... ^:-eY.,,-._TCS:z• _ _ _ - _ _ __ ,.._ �.-, '=",-�rz�'t:�:':_�;:..;:,z,�:.-;.-..•;'-.ro,.-. .,.�:W-.,.ter- _>...;•—m:...............:=z��.:r,�?:c.-.-.<:.-•fc.-x,.ac✓3+-z.r_�-,.:++,.:._.excr_:_. �..� �,x_._ �,-, .�cr=,�'-`'-�-:�-r- 4. ,�'a� _•c: -..,��-c:,�-_as:...3-. T.s� ,uS?`' -_,,,,..cry `.!n'^'�'da %:.Y:_,.�-::::='" - -- - __ _ sx�rw,.:,x�.; _ k: c, - :sy`.-•£i,'-._ L-ra,_a..? _`_�3^• ^ta=i_ "•x::'�?>,s. ---:._:.--..rx-.r,�-tiS�" _ _ _ I� _L: - _:•-,gym'_ j'...�j� - '.'f•= -1=��,f'=-�::+-^"_5.'E:.:»�=��� - ��5.:t'�:1�.�. G+%�.-��:.i£.��- �'U.'I�3:1�VIit^:%'._ _ _ _-• - _ _ �'•_.3ei+=�'.:v'��'.=.'-:: ._Lr-. - _x:.1'�ax?t-.�tz-..�_ -=Y.y=�....wm�..-=:c4•s.-....-t,?��4.....x.6^.:.=2.v -;-Y::z,.'.::-r���-ii Auditor Stamp L Disclosure fee amountcollected:$ YES NO CONDITION 2.Other Locai Fee: � ❑ ❑ 6.Is form completed? 3.Total Fee Collected:5 ❑ ❑ 7.Is state fee collected? 4.Auditor receipt book number: ❑ ❑ S.Attachments complete? S.Date of transfer(MM/DD/yrM: c,•�.:.,. -�.a=.�t+a�s' -a. .;.,.<-.,¢.<..0-•:. -.:.�_. ...«--,�:.�c- �:=�<_;. "=r'-•1�� - - +'ae�'- - «�`�c"'--•'c c �-*�-• � -'-;v'�4- _ - - - y� .."^".' _ . 7b.`• 'y'-`6' R £ K$`fy'^" ."«;'sx ztk3••>r+•x`, ,�`ADC s�m".E.�I"`.i?aaE__rs _ -I� -� -5x:F: y `a - ='5 •:z: »:��:` -S'_..Y.<',a� -.•a 9'�`_, � �,-�.r.-""',,�:: SDFID OF Date(MM/Dn/tm) Buyer I-Name as appears an con veyance docum en t Parcel Number AddressofProperty(Number and Street) Check all that apply: City,State and ZIP Code of Property ❑ Homestead ❑Solar Energy ❑ Wind Power ❑ Hydroelectric ❑Geothermal ❑ Rental Property Auditor Signature Date(MM/DD/n-M Electronic 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. Exhibit "A" Sheet 1 of 2 Project: 1297165 Parcel: 64 Fee Tax Id. No. 29-13-02-000-014.001-018 A part of the Northeast Quarter of Section 2,Township 17 North, Range 3 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 at the Southwest Corner of said northeast quarter designated as point"1" on the Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section,to the southern boundary of Pennsylvania Street; thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet(33.02 feet by Instrument Number 200200045075) along said southern boundary, to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet(193.23 feet by Instrument Number 200200045075) along said eastern boundary; thence continuing along said eastern boundary Northeasterly 207.31 feet along an are to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 03 degrees 05 minutes 09 seconds East and a length of 207.28 feet to the point designated"333"on said Parcel Plat; thence South 85 degrees 22 minutes 10 seconds East a distance of 9.92 feet to the point designated "332" on said Parcel Plat; thence South 04 degrees 01 minute 50 seconds West a distance of 78.85 feet to the point designated"331"on said Parcel Plat; thence South 05 degrees 36 minutes 49 seconds East a distance of 184.56 feet to the point designated"330" on said Parcel Plat; thence South 15 degrees 50 minutes 44 seconds East a distance of 83.82 feet to the point designated"329" on said Parcel Plat; thence South 48 degrees 51 minutes 10 seconds East a distance of 59.75 feet to the point designated"328" on said Parcel Plat; thence South 89 Exhibit"A" Sheet 2 of 2 Project: 1297165 Parcel: 64 Fee Tax Id. No. 29-13-02-000-014.001-018 degrees 50 minutes 16 seconds East a distance of 85.00 feet to the point designated "327'on said Parcel Plat;thence South 87 degrees 59 minutes 24 seconds East a distance of 155.08 feet to the point designated "325" on said Parcel Plat; thence South 00 degrees 09 minutes 44 seconds West a distance of 35.00 feet to the south line of said quarter section; thence North 89 degrees 50 minutes 16 seconds West a distance of 380.00 feet, along said south line, to the point of beginning and containing 0.605 acres, more or less, inclusive of the presently existing right of way, which contains 0.087 acres,more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered Land Surveyor, License Number 29600021, on the. day of y s 1~, 2012. y cEsTE F�p0 TRENT E. NEWPORT INDIANA LAND SURVEYOR No. 29600021 NO. LS 29600021 STATE OF ! AND I AIA qNO S u Rv�� Exhibit " " Sheet 1 of 2 j� Right—of—Way Parcel Plat Pre we' for City of Camel 5135 8y CrossRwd Engineers, P.C. I I t 1,348.29' I 133.OQ�r I I � t 100 I t I I 429.15(sic] 678.50' I I I I 0' 120' 240' I I I j 1 Scale: 1' = 120' I jI 10' permanent esmt in I I I favor of the City of Carmel I J O I I i� 11 ocVi Lr) I 'I J n ti 25' esmt for sewer line in I I I I 1 favor of Clay Township O i 1 I Regional Waste District 1 I O I I i I I I Lr) r O "I j I I 678.04' Lr)O I I + I II � I I I J I I f I I I 1 O II 3 Lr) of R I Mi 3J I I I O I j O � I •-- I I I 1 1 Cr O 4 I + I h + 3 I Lr) I ly jIN 50' esmt for drainage in Imo; favor of Board of Commissioners of Hamilton � I I 2 County, Ind. d- � � I 2 2 23.51 � I .p 2 5501 I--j— -- -- — -- — ------- ---- — ------ ----------- Q 02(' m 7 11 th. Street LINE " 1 1,351.47' ^3 16+00 17+00 18+00 19+00 20+00 Parcel: 64 Owner: MEYER FAMILY LIMITED PARTNERSHIP Drawn By: J.WHITESIDE Date. 0810812012 Code: Checked By: R.PERRY Date: 0810812012 Project: 1297165 DES. No. 1297165 Road: 111th. ST& PENNSYLVANIA ST. INST 1200200032521 DATE. 05/02/2002 County- HAMILTON Hatched Area is the Inst. 200200045075 (sell—off) DATE: 0612612002 Section 2 Approximate Taking Township: 17N Range: 3E Note: Centerline Stationing is English 11 7f Sheet 2 of 2 Exhibit B Right—of—Way Parcel Plat Pre are' for City of Come/ By CrossRood Engineers, P.C. Parcel Coordinate Chart (Shown in Feet) Point Centerline Station Offset. Northing Eastin 1 3 4 7 See Location Control Route Survey Plat 100 5501 325 B' 18+80.00 35.00' L 9354.1336 5455.7178 326 8' 18+80.00 PL 10.00' L 9329.1337 5455.6469 327 8' 17+25.00 40.00' L 9359.5726 5300.7325 328 'B' 16+40.00 40.00'L 9359.8133 5215.7329 329 A 148+60.00 105.00'R 9399.1254 51.70.7436 330 A' 149+40.00 80.00'R 1 9479.7558 1 5147.8584 331 A' 151+25.00 55.00'R 9663.4259 5129.8056 332 A' 152+05.00 55.00'R 9742.0776 5135.3478 333 A' 152+05.00 PL 45.08'R 9742.8787 5125.4569 Note: Stations & Offsets control over both North& East Coordinates and Bearings & Distances. To the best of my knowledge and belief, this plat, together with the 'Location Control Route �v, E. N r Survey'recorded as instrument Number 2010-015472 in the Office of the Recorder of Hamilton F, O1STERFO 0 � County, Indiana, (incorporated and mode a part hereof by reference) comprise a Route Survey ,` J executed in accordance with Title 865 Indiana Administrative Code 1-1$ ('Rule 12�. No LS 29600021 Y ! ; Trent E. Newport Date STATE OF Reg. Land Surveyor No. 29600021 9,t, �NDIANa y� State of IndianaO Transportation & S U R v Development Consultants 3417 4E9kY(SII t>S QW N 46107 Parcel: 64 Owner: MEYER FAMILY LIMITED PARTNERSHIP Drawn By: J.WHITESIDE Date: 08/08/2012 Code: Checked By: R.PERRY Date: 0810812012 Project: 1297165 DES. No. 1297165 Road: 111th. ST& PENNSYLVANIA ST INST. 1 200200032521 DATE.• 0510212002 County: HAMILTON Hatched Area is the Inst. 200200045075 (sell—off) DATE. 0612612002 Section 2 Township: 17N Approximate Taking Range: 3E Note: Centerline Stationing is English limensions Shown Are From The Above Listed Record Vocummtsll Form Will Request for Taxpayer Give Form to the (Rev.December 2011) Identification Number and Certification requester.Do not Department of the Treasury ury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Meyer Family Limited Partnership N Business name/disregarded entity name,if different from above N @ CO c- Check appropriate box for federal tax classification: c o El lCdl\::jai/sole proprietor El Corporation El Corporation Partnership ❑Trust/estate fA C O a ❑Exempt payee E] liability company.Enter the tax classification(L=C cor otatlon,S=S cor oraiion,F= annershi pl L ________________________________ C y CL ❑ Other(see instructions)► Address(number,street,and apt.or suite no.) Requester's name and address(optional) 10 FAST I I sN ST• to City,state,and ZIP code iP,QNPnVYS IN �-1loZbD Lis',accour:numbers)here(optional) i'axpayer Identification Number(TIN) ~ Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number re avoid backup le proprietor,For individuals,this is your social security number page However,for a -m _ 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 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. P8] -FFE11 0 4 3 Certification _ Under pe;ialties of parju y,I cerWy 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 v.-ithho!ding 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,acquis!tion or.abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payment:-cith9 r'.hart 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 f Here O,g,p__❑: _ Y Cate I' November 21, 2012 General Instr cti, ns Note.If a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references a. .t a e Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is recu!red*.e f:!e an information return with the IRS must °An individual who is a U.S.citizen or U.S.resident alien, obtain your ccrrect taxpayer identification number(TIN)to report,for e A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisitiLw ci abandonment of secured property,cancellation .An estate(other than a foreign estate),or of debt,or cor.:iLu:;ors you made.o an IRA. P,domestic trust(as defined it Regulations section 301.7701-7). Use Form N/-9 only if y.a are a U.S.person(including a resident alien),to provide your correct HN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)ard,vd-cr appli;:=:ble,?c. business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a ;urth::r, certain cases where a Form W-9 has not been received,a number to hP iesJe I1N, t e shi pa:r.°�� p is required to presume that a partner is a foreign person, 2.Certify that you E:ie r,o:subject to backup withholding,or ar.d ray the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exem^tior,frcrr backt:p withhoiding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If appli^ab!e,you are also certifying that as a U.S.person,yo ur States,provide Form W-9 to the partnership to establish your U.S. allocable sha,9 n-y partnership income from a U,S.trade or business status and avoid withholding on your share of partnership income. is not suhiec"^`"c :rt`:' 'dirc i„x or foie'gn partners'share of effectively connected incon:e. Cat.No.102cT) Form.W-9(Rev.12-2011) Prescribed by State Board of Accounts City Form No.201 (Rev. 1995) ACCOUNTS PAYABLE 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 Meyer Family Limited Partnership Purchase Order No. 110 East 111th Street Terms Indianapolis, IN 46280 Date Due Invoice Invoice Description Date number or note attached invoices or bills Amount DES#: 1297165 (Pennsylvania Street/ 111th Street PARCEL: 64 MEYER FAMILY LIMITED PARTNERSHIP BY: $271,100.00 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 , 20 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 10/08 STATEMENT OF THE BASIS FOR JUST COMPENSATION CCO RY 1. This is a written statement of, and summary of the basis for, the establishment of the amount believed to be, through a valuation process,just compensation for the purchase of this right-of-way for highway purposes. The amount set forth in Item 5 below is not less than the approved estimate of value. In accordance with Public Law 91-646 as amended, the "Uniform Act", and as codified in Indiana at IC 8-23-17-1 through 8-23-17-35, this value disregards any decrease or increase in fair market value of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical deterioration within reasonable control of the owner. 2.The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this acquisition is identified in the Acquiring Agency's records as: Des.# 1297165 Parcel 64 Road Pennsylvania St. County Hamilton Owner(s) Meyer Family Limited Partnership 3.The area and type of interest being acquired: 0.518 acres fee simple, 0.087 acres PER&0.297 acres temporary The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest is being acquired separately in whole or part, except as may be explained in Item 8 below. 4.This acquisition is(Check one): a. ❑ A total acquisition of the real property. b. ® A partial acquisition of the real property. 5.The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real property is as follows: a.Total Land, Land Improvements and Buildings $215,000 b. Severance Damages(i.e.: Setback, Loss in Value to the Residues, etc) c. Other Damages(Itemize) Cost-To-Cure estimates: Fence cost-to-cure $4,900 Temporary R/W $33,800 Total Damages $38,700 d. Perpetual Easement $0 Total amount believed to be Just Compensation offered for this Acquisition is: $253,700 6. The amount in Item 5 above may include payment for the purchase of certain buildings and improvements and their ownership shall pass to the Acquiring Agency. These buildings and improvements are identified as follows: None 7.The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment, Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows: None 8. Items owned by others(i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: None 9. Remarks: none City of Carmel Approval: Reviewer: Signature: Signature. Name Printed: Name Printed: Stephen A. Traynor /\ Title: � ! A-' Company: Traynor&Associates, Inc. Date: alb f / Z- Date: August 16, 2012 COPY CITY EL J MEs BmN,. RD, M1 z'-OR UNIFORM PROPERTY& EASEMENT ACQUISITION OFFER Meyer Family Limited Partnership DATE: August 29, 2012 Mr. Thomas E. Meyer, General Partner DES #: 1297165 110 East I I Vh Street PARCEL: 64 Indianapolis, IN 46280 FEE SIMPLE PARTIAL: 0.605 Ac. TEMPORARY EASEMENT: 0.297 Ac. Meyer Family Limited Partnership Matthew Troyer, Registered Agent 2700 Market Tower 10 W. Market Street Indianapolis, IN 46208 The CITY OF CARMEL,INDIANA is authorized by Indiana law to obtain your land for certain public purposes. The City of Cannel needs your property and an easement across your properly for a public improvement entitled 111°i Street and Pennsylvania Street(Des# 1297165) and needs to take the land and easement as described on the attached land plat and legal descriptions. See Exhibit A and Exhibit B It is our opinion that the fair market value of the property and easement we want to acquire from you is $253,700.00 and,therefore,we offer you$253,700.00 for the above-described property and easement. 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 Nvith title to land. Possession will be required thirty (30) days after you have received your payment in full. DEPARTIMFNIT OF ENcinr_rr.INc ONE CIVIC SQUARE, CARiNIFL, IN 46032 OFFia 317. 712441 1,ta 317.571.2439 EnIAH, engineeiing@cirmcl.in ,ov 1 M DES #: 129716 PARCEL: 64 This offer was made to the owners, Meyer Family Limited Partnership, in care of Thomas E. Meyer, General Partner, of Marion County, Indiana, on the day of S e e er—,JVD--," , 2012. This offer was made to the owners, Meyer Family Limited Partnership, in care of Matthew Troyer, Registered Agent, of Marion County, Indiana, on the day of 2012. BY: GvG Gt%rte ../ lG�,� ti= Lawrence M. Ballantyne Acquisition SpecialistJ� Agent, City of Carmel, Indiana Offer made by Certified Mail m1 C)(D C( 1 L; cr� 0 0 6'0 y Z S Offer made by Certified Mail � r C-)9 1 (-t O 0 C U 0 _1 Z Z � COPY ADMINISTRATIVE SETTLEMENT DES 4: 1297165 PARCEL: 64 If you decide to accept this offer of $253,700.00*, 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 We, Meyer Family Limited Partnership, landowners of the above-described pro erty or interest in prope ,hereby accept the offer of$253,700.00* made by the City of Carmel, Indiana on this 167 day of oy,¢v►� b. r , 2012. MEYER FAMILY LIMA D PARTNERSHIP BY: Printed Name and Title Original Offer $253,700.00 Administrative Increase $ 17,400.00 *Total Accepted Offer $271,100.00 NOTARY'S CERTIFICATE STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me this 21dar day of /q®yam C` _' 2012. My commission expires: County of residence: Signature ,`ptrP ANDREW B.l3UROKER Marion County =: My Commission Expires 9 ?' September 14,2015 Printed J � JJ./ r1 COMDY DES 4: 1297165 PARCEL: 64 WARRANTY DEED THIS INDENTURE WITNESSETH THAT the Meyer Family Limited Partnership, also know as the Meyer Family Limited Partnership dated January 17, 2002, ("Grantor"), conveys and warrants to the City of Carmel, Indiana ("Grantee"), for the sum of Two Hundred Thirty-five Thousand, Three Hundred and 00/100 Dollars ($235,300.00) (of which $228,000.00 is paid for land and improvements and $7,300.00 is paid as damages) 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 specifically 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 Grantor assumes and agrees to pay the 2011 real estate taxes and assessments payable in 2012 and the 2012 real estate taxes and assessments payable in 2013, and any and all delinquent real estate taxes, interest and penalties on the above described real estate. This obligation to pay shall survive the said closing and shall be enforceable by the Grantee in the event of non-payment. The undersigned represents and warrants that he is the General Partner of the Grantor; that the Grantor is a limited partnership validly existing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real estate interest described; that pursuant to a resolution of the partners of the Grantor or the Partnership Agreement of the Grantor he has full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; that he is therefore, fully authorized and empowered to convey to the City of Carmel, Indiana real estate of the Grantor; and that on the date of execution of said conveyance instruments he had full authority to so act; and that all necessary partnership action for the making of this conveyance has been duly taken. DES #: 1297165 PARCEL: 64 IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 21st day of November , 2012. GRANTOR: MEYER FAMILY LIMITED PARTNERSHIP U-r Printed Name and Title NOTARY CERTIFICATION STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared the Myer Family Limited Partnership, BY: James R. Meyer, Partner, , who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal thisZl_%-day of �®yavv�6r , 2012. My Commission Expires: County of Residence: , Notary(Signature) ANDREW B.BUROKER ? Marion County '{F ` SE ? My Commission Expires = " September 14,2015 Notary (Printed Name) a'7 831464v] �'- •a't`'•dip •c;y,. 2 DES #: 1297165 PARCEL: 64 This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 After recording, return Deed to Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Cannel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security»umber fi°om this document, unless it is required by law. Douglas C. Haney 8314641 3 Exhibit "A" Sheet I of 2 Project: 1297165 Parcel: 64 Fee Tax Id, No. 29-13-02-000-014.001-018 A part of the Northeast Quarter of Section 2,Township 17 North, Range 3 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 at the Southwest Comer of said northeast quarter designated as point"1" on the Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section,to the southern boundary of Pennsylvania Street; thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet(33.02 feet by Instrument Number 200200045075) along said southern boundary, to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet(193.23 feet by Instrument Number 200200045075) along said eastern boundary; thence continuing along said eastern boundary Northeasterly 207.31 feet along an arc to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 0' 05 minutes 09 seconds East and a length of 207.28 feet to the point designated"333"on said Parcel Plat; thence South 85 degrees 22 minutes 10 seconds East a distance of 9.92 feet to the point designated "332" on said Parcel Plat; thence South 04 degrees 01 minute 50 seconds West a distance of 78.85 feet to the point designated"331"on said Parcel Plat; thence South 05 degrees 36 minutes 49 seconds East a distance of 184.56 feet to the point designated"330" on said Parcel Plat; thence South 15 degrees 50 minutes 44 seconds East a distance of 83.82 feet to the point designated "329" on said Parcel Plat; thence South 48 degrees 51 minutes 10 seconds East a distance of 59.75 feet to the point designated "328" on said Parcel Plat; thence South 89 Exhibit "A" Sheet 2 of 2 Project: 1297165 Parcel: 64 Fee Tax Id. No. 29-13-02-000-014.001-018 degrees 50 minutes 16 seconds East a distance of 85.00 feet to the point designated "327'on said Parcel Plat; thence South 87 degrees 59 minutes 24 seconds East a distance of 155.08 feet to the point designated "325"on said Parcel Plat; thence South 00 degrees 09 minutes 44 seconds West a distance of 35.00 feet to the south line of said quarter section; thence North 89 degrees 50 minutes 16 seconds West a distance of 380,00 feet, along said south line, to the point of beginning and containing 0.605 acres, more or less, inclusive of the presently existing right of way, which contains 0.087 acres,more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered L Land Surveyor, License Number 29600021,on the day of a �, 2012. NF4'p G1STERF0 O�A TRENT E. NEWPORT INDIANA LAND SURVEYOR No. 29600021 NO. LS 29600021 STATE OF IA'D I AIA O� 441,9 SUR��� 311 11 Sheet 1 or 2 ExhbL Right—of—Way Parcel. Plat I Prepared for Ciy of Camel 35135 8,v Cra"Road Engineers, RC, I 1,348.29' fl I 1330Q'ir v- I I 100 1 I !! 429.15'(sicl I I 678.50' 0' 120' 240' Scale: 1' = 120' I j 10' permanent esmf in I I I favor of the City of Cormel O I I I !! ! v rn L7 1 ! ! 25 esmf for sewer line in I ! favor of Cloy Township I Regional Waste District I ! I ! 678.04',~ --� O I ti I I 3 I I ! I 1 I I I i I 3 i CU 331 I I I I O I I I I I ►°� N, O 4 1 ( h I Of- I I 9 3 I I� ! Iy IN 50' esmf for drainage in favor of Board of 1 �° 29 Commissioners of Hamilton O) 4 I I 2 County, Ind. 23.51' I I n 2 5501 I_ 11th. Street UNE ei 351.47' 2 1 3 ' 16+00 17+00 18+00 19+00 20+00 Parcel: 64 Owner: Mt7ER FAMILY LIMITED PARTNEPSHIP Drawn By: J.WHUESIDE Date: 08106120112 Code: Checked By. R.PERRY Date: 0810812012 Project: 1297165 DES. No. 1297165 Road: 111th. ST k PENNSYLVANl4 ST. INST f 2 0 02 0 0 03252 1 DATE: 0510212002 County: HVILTON Hatched Area is the Inst. 200200045075 (sell-off) DATE: 0612612002 section 2 Approximate Taking Townshia: 17N Range:� 3E Note: Centerline Stationing is English Shown Are Frum T r, .p r<< xh b t fy�J1 Sheet 2 of 2 Right—of—Way Parcel Plat Prepared for Ciry of Camel By CrossRood Engineers, P.C. Parcel Coordinate Chart (Shown in Feet) F�Centa ine Station Offset Northing See Location Control Route Survey Plot 325 B' 18+80.00 1 35.00' L 9354.1336 5455.7178 326 B" 18+60.00 PL(10.00' L) 9329.1337 5455.6469 327 B' 17+25.00 40,00' L 9359.5726 5300.7325 328 "8' 16+40.00 40,00' L 9359.8133 5215.7329 329 A 148+60.00 105.00' R 9399.1254 5170.7436 330 A" 149+40.00 80.00' R 9479.7558 5147.8584 331 A' 151+25.00 55,00' R 9663.4259 5129.8056 332 A' 152+05.00 1 55.00' R 9742.0775 5135.3478 333 A 152+05.00 1 PL 45.08'R 9742.8787 5125.4569 Note: Stations & Offsets control over both North & East Coordinates and Bearings & Distances. To the best of my knowledge and belief, this plat, together with the "Location Control Route NFw recorded as Sun,q' Instrument u D1 the Office of the Recorder of Hamilton 0 County, Indiana, �inco1P oratedandmade oP art hereof by reference) omprissea Route Survey pA executed in accordance with Title 865 Indiana Administrative Code 1-12, (Rule 12�. N O, LS 2gsaoo2� STATE OF Q,_ 6 Trent E. Newport Date Reg. Land Surveyor No. 29500021 Sit, INDIANA y State of indiono 0 1.1 Transportation & S U R Development Consultants 3417 YOW ffii7f WK N 46107 (JI7 ISK Parcel: 64 Owner: MEYER FAMILY LJMiTED PARRIERSHIP Drawn Bp: J.WKFESIDE Date: 08/08/2012 Code: Checked By: R.PERRY Date: 0810812012 Project: 1297165 DES. No. 1297165 Road: 111th. ST d PENNSYLVANIA ST. INST. f 200200032521 DATE: 0510212002 County: HAMILTON —7 Hatched Area is the Inst. 200200045075 (sell—off) DATE: 0612612002 Section 2 Approximate Taking Township: 17M Range: 3E Note: Centerline Stationing is English Frnm J­An- s ' COPY DES #: 1297165 PARCEL: 64 Cross Reference to Prior Deed of Record: Quitclaim Deed, Instrument Number 200200032521 in the Office of the Recorder of Hamilton County, Indiana TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (this "Agreement") is made and entered into this / day of ;f/'0Vc-/1'1&C,P,, 2012 by and between the Meyer Family Limited Partnership, also known as the Meyer Family Limited Partnership dated January 17, 2002, ("Grantor") and the City of Carmel, Indiana ("Grantee") for and in consideration of the sum of Thirty-five Thousand, Eight Hundred Dollars ($35,800.00) (of which said sum $35,800.00 represents land temporarily encumbered .and improvements acquired and $ -0- represents damages). RECITALS A. Grantor owns certain real property (the "Grantor's Parcel") located in Hamilton County, Indiana, more particularly described as follows: See Exhibit 1 attached hereto and incorporated herein. B. Grantee, in connection with Grantee's public improvement project entitled I I I"i Street and Pennsylvania Street — DES #: 1297165 (the "Project"), requires a temporary easement for the duration of the Project for purposes of constructing that portion of the Project located upon and/or adjacent to the Grantor's Parcel. Such temporary easement area (herein referred to as the "Temporary Easement Parcel") is more particularly described as follows: See Exhibit A which is attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grant of easement and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Temporary Rights Acquired by Grantee. During the term of the Project; Grantor hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement Parcel for all purposes related to the construction of the Project, including, but not limited to; the storing of equipment and the staging of the construction of the Project. Upon the earlier of the date of final completion of the Project or three (3) years from the date hereof, such temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition as existed prior to the commencement of the Project, except as reasonably modified by the Project. 832365vl I 2. Rights Retained by Grantor. Grantor shall retain unto himself, and his grantees, heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the right to use the Temporary Easement Parcel for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Grantee, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the Project, as well as the right of access over and across the Temporary Easement Parcel to and from public streets adjacent to the Temporary Easement Parcel via Grantor's existing driveway or any future driveway. 3. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with all the benefits thereof, shall run with the Grantor's Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantor's Parcel, and shall bind Grantor and his grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Grantor's Parcel and the Temporary Easement Parcel, as applicable, shall run with the Grantor's Parcel and the Temporary Easement Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. 4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions. The undersigned represents and warrants that he is the General Partner of the Grantor; that the Grantor is a limited partnership validly existing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real estate interest described; that pursuant to a resolution of the partners of the Grantor or the Partnership Agreement of the Grantor he has full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; that he is therefore, fully authorized and empowered to convey to the City of Carmel, Indiana real estate of the Grantor, and that on the date of execution of said conveyance instruments he had full authority to so act; and that all necessary partnership action for the making of this conveyance has been duly taken. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR GRANTEE MEYER FAMILY LI ..TED PARTNERSHIP e �� By: ����r� �..%,�/t'�I�'� Printed: Title: Axt-juee— Title: 832365vl 2 STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared the Meyer Family Limited Partnership, BY: James R. Meyer, Partner the Grantor, and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing,rAgreement. Witness my hand and Notarial Seal this 21 day of lY®VAv%6P , 2012. My commission expires: Notary Public _ s, I am a resident of County .s YP ANDREW B.BUROKER - Printed Name ' T;p�c' Marion County My Commission Expires September 14,2015 ,S cro _ ' �P STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared , the of the Grantee, who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement for and on behalf of said Grantee. Witness my hand and Notarial Seal this day of , 2012. My conunission expires: Notary Public I am a resident of County, IN Printed Name This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number in this document, unless it is required by law. Douglas C. Haney 3323650 3 Exhibit 1 RFMA!NDFR LAND C"cSCRIPTION Poi of the Southwesf Quoder of the Noriheasi Queffer of Section 2, rewnship l./ North. Range 3 Ecst in, Hamilton County. Indiana. tieing more perticulerly described as follows: Beginning ar c P.K. Nail marking the Southeast corner of said 5oufhwest Quarter; thence South 88 degrees 5.1 minutes A2 second! West lg.sumed bearing) along the south line thereof a distance of 1351.47 feel to the Southwest corner of said Sauihwesi Quarter, thence North 00 degrees 16 minutes 44 seconds East along the west line thereof ❑ didonce of 1327.31 fee? to the northwest corner thereof; thence North 88 degrees 49 rninutes 25 seconds East along the north line thereof a distance of 1348.29 feet to the Northeasr corner thereof: thence South e0 degrees 08 minutes 23 seconds`Nest along the east line thereof a distance of 379.44 feel to a 5/8 inch rebar and cap scribed "Benchmark Sunveying" (hereinafter referred to as 518 inch reborj: thence South 88 degrees 54 minutes 42 seconds West a disfience of 678,05 feet to a 518 inch rebar, thence Souin 00 degrees 08 minutes 23 seconcts West c distance et 393.92 feef to a 5(8 inch rebar,thence South 88 degrees 41 minutes 01 seconds Ecst a distance of 678.04 feet to a 5/8 inch rebar cnd said east line; thence South 00 degrees 08 minutes 23 seconds West along the east fine thereof a disrance of 527.49 feet to the Point of Beginning, Containing 29.470 Net acres,more or less. SUBJECT to the Permanent Easement for Pennsylvania Sfreet per the City of Carmel Project No. 97-04, more per-ricutcriv described cs fclfows: Commencing at the southwest corner of said Seuthvie--tt,Quarter: thence North 00 degrees i6 minutes 44 seconds East along the west line thereof a distance of 23. 1 feel fo the north boundary of 1 I I Ih Slreel and the Point of Beginning; thence North 88 degrees 58 minutes 25 seconds West along said north boundary line a distance of 43.02 feel', thence North 00 degrees 15 minutes 44 seconds Eesl.c distance of 193.01 feet: thience northeasterly =53.82 teef along an crc to the right and having a radius of 3764.72 feet and subtended by e chord havinc a 'bearing of North 04 dearees 219 minutes_°.5 seconds Ecst and a length of 553.32 feel; thence North 08 degrees 42 minute;27 seconds East a distance of 136.58 feet;thence northeasferty 429.15 feel along an arc to the left and having c radius of.3874.72 feet cnd subtended by e chord having a bearing of rr�;ru GS degrees 32 minutes 04 seconds Ecst and c lencth of 429.93 feet to the north line of said Southwest Cucrier: thence South 88 degrees 49 minutes 25 seconds West along the north line !hereof a die once of 133_C0 feet !o he northwest corner thereof; ;hence South 00 degrees 16 m inuies 44 seconds West ciong the vaesl line Thereof e distance of 1303.80 feet's the Point of Beginning. Containing 2.139 acres,more or lest. 332365vl Exhibit "A" Sheet 1 of 2 Project: 1297165 Parcel: 64A Temporary Right-of-Way for Grading Tax Id. No. 29-13-02-000-014.001-018 A part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southwest Comer of said northeast quarter designated as point"1"on the Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section, to the southern boundary of Pennsylvania Street; thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet (33.02 feet by Instrument Number 200200045075) along said southern boundary, to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet(193,23 feet by Instrument Number 200200045075) along said eastern boundary; thence continuing along said eastern boundary Northeasterly 227.07 feet along an are to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 03 degrees 14 minutes 10 seconds East and a length of 227.04 feet to the point of beginning of this description; thence South 85 degrees 04 minutes 10 seconds East a distance of 19.91 feet; thence South 01 degree 16 minutes 01 second West a distance of 98.36 feet; thence South 08 degrees 42 minutes 02 seconds East a distance of 185.57 feet; thence South 26 degrees 47 minutes 32 seconds East a distance of 73.82 feet; thence South 53 degrees 08 minutes 26 seconds East a distance of 55.82 feet; thence South 85 degrees 15 minutes 50 seconds East a distance of 125.40 feet; thence South 89 degrees 50 minutes 16 seconds East a distance of 80.00 feet; thence South 00 degrees 09 minutes 44 seconds West a distance of 15.00 feet to the proposed north right-of-way line of 11 lth Street; thence the following eight (8) courses along said proposed right-of-way: 1) North 87 degrees 59 minutes 24 Exhibit "A" Sheet 2 of 2 Project: 1297165 Parcel: 64A Temporary Right-of-Way for Grading Tai; Id. No. 29-13-02-000-014.001-018 seconds West a distance of 155.08 feet; 2)North 89 degrees 50 minutes 16 seconds West a distance of 85.00 feet; 3) North 48 degrees 51 minutes 10 seconds West a distance of 59.75 feet; 4) North 15 degrees 50 minutes 44 seconds West a distance of 83.82 feet; 5)North 05 degrees 36 minutes 49 seconds West a distance of 184.56 feet; 6) North 04 degrees 01 minute 50 seconds East a distance of 78.85 feet; 7)North 85 degrees 22 minutes 10 seconds West a distance of 9.92 feet, to the eastern boundary of Pennsylvania Street; 8)Northeasterly 19.76 feet along an are to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 04 degrees 48 minutes 49 seconds East and a length of 19.76 feet to the point of beginning and containing 0.297 acres, more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered .! Land Surveyor, License Number 29600021,on the day of Ate, 2012. E. N A 7o G1S TER FO TRENT E. NEWPORT INDIANA LAND SURVEYOR No. 29600021 NO. LS 29600021 STATE OF IND I ANP �4 qN0 SUR`o COPY ADMINISTRATIVE SETTLEMENT MEMORANDUM TO: Steve Engelking, Director of Administration City of Carmel, hrdiana FROM: Lawrence M. Ballantyne, President Associated Right of Way Services, Inc. DATE:November 12, 2012 RE: Request for Administrative Settlement DES 4: 1297165 Parcel: 64 Owner:Meyer Family Limited Partnership The negotiation section has pursued the attempted acquisition of the above subject parcel to the point where we are at a complete impasse with the owner in regards to the amount of just compensation. The City's 'Fair Market Value" determination is $253,700.00. The owner has agreed to settle fbr$271,100.00 and will accept nothing less. We feel that it would be to the City's best interest to settle for the requested amount in light of the costs involved in litigation and the risk of an even more generous court award. We, therefore, recommend that the sum of$271,100.00 be awarded to the owner, this is an increase of$17,400.00 over the original offer and represents the most practical and economical solution to this case. Reason given by owner for the increase is: The ownertlu-ouglr his attorney, raised questions re"arding the comps used by the CO's appraiser. The comps used supported comparable sales from 2010 and older. The owner said that there were a number of recent sales that could've been used to support a higher land value_. The owner made a reasonable counter proposal which 'Included a cost-to-cure for fence painting that was not included in the City's appraisal. The proposed increase is just over 70X). This recommendation is approved: Steve Engelking Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No.201(Rev.1995) 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 tAe Ne ✓ Fcx_N( \K 1 Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) S 0 v ✓ - 2� I o0 Total 0_0 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 U IN SUM OF $ io ON ACCOUNT OF APPROPRIATION FOR 2.0 2 Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT.# I hereby certify that the attached invoice(s), or 2c�S z q 2 2s3 0o bill(s) is (are) true and correct and that the "K b }_4�,o.v� materials or services itemized thereon for which charge is made were ordered and received except d 17.1 CC 0 -20-o`7-0 t l3 20 ,-r //yam a Signature Title Cost distribution ledger classification if claim paid motor vehicle highway fund