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HomeMy WebLinkAboutClosing Docs - 1212 S. Rangeline - 9-10-09DULY ENTERED -FOR TAXATION c: Subject to final acceptance for transfer -b day of \ 20 to Cam Auditor oI Hamilton County Parcel # \Lc oq- 3lo- oo- cp- oa"1•or° LIMITED WARRANTY DEED 2010017147 WARR DEED $40.00 04/20/2010 04:14:48P 12 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented 1212 S. Rangeline Properties, LLC (the "Grantor"), CONVEYS to The City of Carmel Redevelopment Commission (the "Grantee "), for the sum of $10.00 and other valuable consideration, the receipt and sufficiency of which are acknowledged hereby, an undivided 25.92% tenant -in- common interest in that certain real estate located in Hamilton County, Indiana, that more particularly is described on Exhibit A, attached hereto and incorporated herein by reference (the "Real Estate "). Subject is subject to: (a) the lien of the next due installment of real estate taxes, and all installments of real estate taxes that First become due thereafter; (b) all general and special assessments, and all other governmental, municipal, and public dues, charges, and impositions not delinquent; and (c) those matters set forth on Exhibit 8. Grantor, as its sole warranty herein, specially warrants to Grantee, and the successors and assigns of Grantee, that it will forever defend title to the Real Estate (subject to the matters set forth above to which this conveyance is made subject) against those claims, and only those claims, of all persons claiming title to, or asserting claims affecting the title to, the Real Estate, or any part thereof, under, by, or through, or based upon the acts of, Grantor, but not otherwise. The undersigned person executing this deed on behalf of Grantor represents and warrants that he has been duly authorized and fully em powered to execute this deed by all necessary action of Grantor, and has full power and authority to execute and deliver this Limited Warranty Deed. IN WITNESS WHEREOF, Grantor has executed this Limited Warranty Deed this 10`" day of September, 2009. 1212 S. RANGELINE PROPERTIES, LLC ACKNOWLEDGMENT STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for the State of Indiana, personally appeared Paul J. Zahner, the Sole Member of 1212 S. Rangeline Properties, LLC, who acknowledged the execution of the foregoing Limited Warranty Deed on behalf of such entity. WITNESS my hand and Notarial Seal this 10`" day of September, 2009 ft MICHAEL J. CONNORS Hamilton County My Commission Expires November 20, 2016 Fot I am a resident of �Z].:'r'h I County, Indiana. My commission exp res 1I c;C ©) . Notary Public Printed Name: CC: L_LLYC Return after recording and send tax statements to: The City of Carmel Redevelopment Commission, cfo City of Carmel, Indiana, One Civic Square, Carmel, Indiana 46032, Attn: Les Olds. This instrument was prepared by Jennifer R. Shoup, Attorney -At -Law, Wallack Somers & Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jennifer R. Shoup 2 EXHIBIT A Depiction and/or Description of the Real Estate A part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the East line of the Southeast Quarter of Section 36, Township 18 North, Range 3 East (said point being South 00 degrees 00 minutes 00 seconds East 174.90 feet of the Northeast corner of said Quarter Section); thence continuing South 00 degrees 00 minutes 00 seconds 483.25 feet on and along said Quarter Section line; thence South 90 degrees 00 minutes 00 seconds West 235.00 feet; thence South 00 degrees 00 minutes 00 seconds parallel with the East line of said Quarter Section line 200.00 feet to a point on the North Right -of -way line of proposed Carmel Drive; thence South 90 degrees 00 minutes 00 seconds West along said North Right-of--way line 280.00 feet; thence North 00 degrees 00 minutes 06 seconds East 684.82 feet to a point which is 174.90 South of the North line of the South half of said Section 36; thence South 89 degrees 49 minutes 30 seconds East parallel with the North fine of said South Half 515.00 feet to the point of beginning. EXHIBIT B Permitted Encumbrances 75 foot right of entry; setback and use restrictions, possible assessments for maintenance and /or reconstruction, and all rights of others entitled to the continued uninterrupted flow of water through the W.R. Fetig Drain, a legal drain established in accordance with I.C. 36- 9- 27 -33. None now due and payable. Rights of the public, the State of Indiana and the municipality in and to that part of the land taken or used for Range Line Road, including utility rights of way. 3. Pipe Line and Electric Transmission Line Easement Recorded: January 6, 1941 Deed Record: 127, page 382 Subject to the terms and conditions thereof. Last assigned to: Public Service Company of Indiana Recorded: December 6, 1944 Deed Record. 130, page 200 -204 Subject to the terms and conditions thereof. Terms and provisions contained in a Consent to Use Easement, for use of sewer line granted to Carmel Plaza Company dated September 10, 1979, and recorded April 29, 1980, in Miscellaneous Record 160, page 793. Rights of tenants now in possession of the and under unrecorded leases or otherwise. Grantor's undivided 74.08% tenant -in- common interest in the Real Estate. AFFIDAVIT This Affidavit, executed this 30th day of September, 2009, WITNESSES: Recitals WHEREAS, 1212 S. Rangeline Properties, LLC ( "1212 S. Rangeline ") and The City of Carmel Redevelopment Commission ("CRC ") executed that certain Memorandum of Agreement dated September 10, 2009 (the "Memorandum ), WHEREAS, the Memorandum described the existence of certain Development Agreement between 1212 S. Rangeline and CRC dated September 10, 2009, along with certain interests held by CRC in the real estate described on Exhibit Al attached hereto and incorporated herein by reference; WHEREAS 1212 S. Rangeline and CRC intended for the Memorandum to be recorded in the Hamilton County Recorder's Office; WHEREAS, 1212 S. Rangeline and CRC failed to record the Memorandum and are unable to locate the original Memorandum; and WHEREAS, a true and correct copy of the Memorandum is attached hereto and incorporated herein by reference as Exhibit B; Certification NOW, THEREFORE, the undersigned hereby certifies that the copy of the Memorandum attached hereto is a true and correct copy of the Memorandum. IN WITNESS WHEREOF, the undersigned has executed this Affidavit a of the day and year first written above. By: y;h Wilme ing, Attorney The City of arm <'I Redevelopment Commission STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for the State of Indiana, personally appeared Ryan R. Wilmering, Attorney for The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Affidavit. WITNESS my hand and Notarial Seal this 30th day of September, 2009. By: Notary Public Printed Name: Chri Sfi -ta i • (7 034 nd, I am a resident of County, Indiana. My commission expires Notary Public - State of Indiana Madon County My Commission Expires: August 1, 2014 Return after recording to, and this instrument was prepared by, Ryan R. Wilmering, Attorney -At -Law, Wallack Somers & Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana 46220. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required bylaw. Ryan R. Wilmering Z \Documents \Shoup, Jenny\City of CarmelParty Time\Afdavit to 29Sep09 place a copy of Memorandum of Agreement of record.wpd -2- EXHIBIT A Depiction and /or Description of the Real Estate A part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the East line of the Southeast Quarter of Section 36, Township 18 North, Range 3 East (said point being South 00 degrees 00 minutes 00 seconds East 174.90 feet of the Northeast corner of said Quarter Section); thence continuing South 00 degrees 00 minutes 00 seconds 483.25 feet on and along said Quarter Section line; thence South 90 degrees 00 minutes 00 seconds West 235.00 feet; thence South 00 degrees 00 minutes 00 seconds parallel with the East line of said Quarter Section line 200.00 feet to a point on the North Right -of -way line of proposed Carmel Drive; thence South 90 degrees 00 minutes 00 seconds West along said North Right -of -way line 280.00 feet; thence North 00 degrees 00 minutes 06 seconds East 684.82 feet to a point which is 174.90 South of the North line of the South half of said Section 36; thence South 89 degrees 49 minutes 30 seconds East parallel with the North line of said South Half 515.00 feet to the point of beginning. EXHIBIT B Copy of the Memorandum MEMORANDUM OF AGREEMENT 4"^ This Memorandum of Agreement (the "Memorandum"), executed this 1® dayofSeptember, 2009, by and between The City of Carmel Redevelopment Commission ("CRC") and IT(rU_c. RAArsa!«{•he "Zahner Entity "), Witnesses: PnoPw+ tees CLC Recitals WHEREAS, CRC and Zahner Entity have entered into that certain Development Agreement dated September 10, 2009 (the "Agreement "); WHEREAS, as contemplated by the Agreement, CRC and Zahner Entity own, as tenants -in- common, certain real estate more particularly described and /or depicted on ExhibitA (the "Real Estate "); and Agreement; WHEREAS, CRC and Zahner Entity desire to execute and record a memorandum of the Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, CRC and Zahner Entity acknowledge the following: Interests Granted. (a) CRC. CRC owns an undivided percentage ownership interest in the Real Estate as a tenant -in- common with Zahner Entity, which percentage is the CRC TIC Interest. (b) Zahner Entity. ZahnerEntityowns an undivided percentage ownership interest in the Real Estate as a tenant -in- common with CRC, which percentage is the Zahner TIC Interest. 2. Puts /Call Rights. Pursuant to the Agreement: (a) Zahner Entity has granted the Real Estate Purchase Option and the Zahner TIC Purchase Option to CRC; and (b) CRC has granted the Zahner TIC Sale Right to Zahner Entity; all of which shall expire on or before the Maturity Date. Reference should be made to the Agreement for the terms and conditions with respect to the exercise of the Real Estate Purchase Option, the Zahner TIC Purchase Option, and the Zahner TIC Sale Right. 3. Sales of Interests. Sales, conveyances, transfers, and assignments of the Real Estate, the CRC TIC Interest, and the Zahner TIC Interest, grants of security or other interests therein, and creation of liens or encumbrances thereon are limited and controlled by the terms and conditions of the Agreement. 4. Defined Terms. All capitalized terms used by not defined herein shall have the meanings ascribed to such terms in the Agreement. IN W ITNESS W HEREOF, the parties have executed this Memorandum on the date set forth above. Z: \Documents \Shoup, Oenny \City of Carmel \TIC Memorandum.vpd THE CITY OF CARMEL REDEVELOPMENT QOM c 6i.N By: 2 Ronald E. Carter, President By: Printed: Title: ACKNOWLEDGMENTS STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for the State of Indiana, personally appeared Ronald E. Carter, the President of the City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Memorandum of Agreement on behalf of such entity. WITNESS my hand and Notarial Seal this L day of September, 2009 I am a resident of 1 vvt, 1 k County, Indiana. My commission expires &J ./e'rn f S;_api STATE OF INDIANA ) ) SS: COUNTY OF ) By: Notary Publi Printed Name: SHERRY S. MIELKE Hamilton County My Commission Expires November 5, 2016 Before me, a Notary Public in and for the State of Indiana, personally appeared , the of who acknowledged the execution of the foregoing Memorandum of Agreement on behalf of such entity. WITNESS my hand and Notarial Seal this _ day of September, 2009. I am a resident of County, Indiana. My commission expires Return to: By Notary Public Printed Name: This instrument was prepared by Jennifer Shoup, Attorney -at -Law, Wailack Somers & Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana, 46204. 1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jennifer R. Shoup Z: \Documents \Shoup, Jenny \City of Carmel \TIC Memorandum.wpd ACKNOWLEDGMENTS STATE OF INDIANA ) ) SS: COUNTY OF Before me, a Notary Public in and for the State of Indiana, personally appeared Ronald E. Carter, the President of the City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Memorandum of Agreement on behalf of such entity. WITNESS my hand and Notarial Seal this _ day of September, 2009 By: Notary Public Printed Name: I am a resident of County, Indiana. My commission expires STATE OF INDIANA ) ) SS: COUNTY OF/TarYf LhI) pp Before me, a Notary {{Public in and 6 for the State of Indiana, personal' rappeared _ES&>•£1._�,. 701..r.4 .i , the �i pfe fi1Y .n.. Lss i of who acknowledged the execution of the foregoing Memorandum of Agreement on behalf of such e tity. WITNESS my hand and Notarial Seal this/ day of September, 2009. B otary Public Printed Name: V%2Y)PJ 3_he i^ e f 1`1 1 am a resident of 24 ,,County Indiana. My commission expires 1422-e24. Return to: This instrument was prepared by Jennifer Shoup, Attorney -at -Law, Wallack Somers & Haas, One Indiana Square, Suite 1500, Indianapolis, Indiana, 46204. t affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by taw. Jennifer R. Shoup 2: \nocnmentslShonp, !fenny \City of Carmel \TZC Memorandum.wpd SALES DISCLOSURE FORM State Form 46021 (R9/7 -09) Prescribed by Department of Local Government Finance Pursuant to IC 6.11 -5.5 PRIVACY NOTICE: The telephone numbers and Social Security numbers of the parties on this form are confidential according to IC 641.5.5.3(d1. SDF ID County Year Unique ID SDF Date: PART 1- To be completed by BUYER A. PROPERTY TRANSFERRED - /GRANTEE MUST BE CONVEYED and SELLER /GRANTOR ON A SINGLE CONVEYANCE DOCUMENT 1. Property Number Check box if applicable to parcel 5. Complete Address of Property 6. Complete Tax Bi lling Address (if different from property address) Ad 16 09 36 00 00 027.000 n 2. Split 3. Land ® 4. Improvement 1212 S Rangeline Road Cauuel, IN 46032 970 Starkey Road Zionsville, IN 46077 7. Legal Description of Parcel A: S36 T18 RO3 Lot Block 7 1 Acres B.) Li 2. Split Li 3, Land ❑ 4. Improvement 7 Legal Description of Parcel B: B. CONDITIONS - IDENTIFY ALL THAT APPLY C. SALES DATA - DISCLOSE VALUE OF ITEMS LISTED IN TABLE 8, ITEMS 1 -15 If condition 1 applies, filer is subject to disclosure and a disclosure riling fee. YES NO CONDITION 9 10 1. Conveyance date (MM / 2 0222221: 09 2. Total number of parcels: One E 1. A transfer of real property interest for valuable 3. Describe any unusual or special circumstances related to this sale, including the specification of any Tess- than - complete ownership interest and terms of seller financing. Buyer is acquiring an undivided 25.92% consideration. ❑ 2. Buyer is an adjacent property owner. rl jai 3. Vacant land. [K 4. Exchange for other real property ( Trade"). tenant -in- common interest J 5. Seller paid points. (Provide the value Table CItem 12) n IT 6. Change planned in the primary use of the property? (Deverl5e In special circumstances in Table C Item 3.) 7. Existence of family or business relationship between buyer and seller. [Complete Table C Item 4) j F ❑ IT 8. Land contract Contract term (m: and contract date (MM /oD /vim: 21 9. Personal property included in transfer. (Provide the Mille Table Cltem 5) Yes NO CONDITION ❑ 4. Family or business relationship existing between ❑ 10. Physical changes to property between March 1 Disclose buyer and seller? Amount of discount $ and date of sale. [Describe in special circumstances in Table C Item 2) 11. Partial interest. (Describe in special circumstances in Table C Item 3.) actual value in money, property, a service, an agreement, or other consideration, i g 12. Easements or right -of -way grants. If conditions 13 -15 apply, filers are subject to disclosure: but no disclosure riling fee. YES No CONDITION i 5. Estimated value of personal property: $ N/A 6. Sales price: $ 700,000 YES NO CONDITION 7 13. Document for compulsory transactions as a yes, answer liable for loan? result of foreclosure or express threat of foreclosure, divorce, court order, judgment, condemnation, or probate. X 7. Is the seller financing sale? If questions (8 -13). In 8. Is buyer /borrower personally 14. Documents involving the partition of land ❑ . 9. Is this a mortgage loan? between tenants in common, joint tenants, or tenants by the entirety. Ri C 15. Transfer to a charity, not - for - profit organization, or government. 10. Amount of loan: $ N/A 11. Interest rate: N/A Wo 12. Amount in points: $ N/A 13. Amortization period: N/A INDIANA SALES DISCLOSURE FORM • r CL D. PREPARER Ryan R. Wilmering Associate Preparer of the Sales Disclosure Form Title One Indiana Square, Suite 1500 Wallack Somers & Haas, P.C. Address (Number and Indianapolis, Street) Company IN 46204 (317) 231 -9000 City, State, and ZIP Code Telephone Number E -mail E SELLERS GRANTOR S 1212 S. Rangeline Properties, LLC Seller 1 - Name as appears on conveyance document 970 Starkey Road Seller 2 - Name as appears on conveyance document Address (Number and Street) - Zionsville, IN 46077 Address (Number and Street) City, State, and ZIP (317) 714 Code -0209 City, State, and ZIP Code Telephone Number E-mail Telephone Number E -mail Under penalties of perjury, I hereby certify that this Sales Disclosure, and c. e as required by law, and is prepared in accordance to the best of my knowledge and belief, is true, correct with IC 6- 1.1 -5.5, "Real Property Sales Disclosure Act'. Signature 1 Signature of Seller - ( 4-2A. ia Printed Name o Seller Sign Date (MM/D0/ V Printed Name ofSeller Sign Date (MM /DD /YrvV) F. BUYER S GRANTEE S - APPLICATION FOR PROPERTY TAX DEDUCTIONS- IDENTIFY ALL ITEMS THAT APPLY The City of Carmel Redevelopment Commissio Buyer 1 - Name as appears on cony yance document One Civic Square Buyer 2 - Name as appears on conveyance document Address (Number and Street) Carmel, IN 46032 Address (Number and Street) City, State, and ZIP Code (317) 571 -2492 City, State, and ZIP Code Telephone Number E -mail Telephone Number E -mail THE SALES DISCLOSURE FORM MAY BE USED TO APPLY FOR CERTAIN DEDUCTIONS FOR THIS YES NO CONDITION PROPERTY. IDENTIFY ALL OF THOSE THAT APPLY. YES NO CONDITION �X 1. Will this property be the buyer's primary n © 3. Homestead residence? Provide complete address of primary residence, including county: ❑ n 4. Solar Energy Heating /Cooling System Ix! 5. Wind Power Device Address (Number and Street) k- 6. Hydroelectric Power Device ❑ X- 7. Geothermal Energy Heating /Cooling Device City, State ZlP Code County 8. Is this property a residential rental property? J n 2. Does the buyer have a homestead in Indiana to be — ' vacated for this residence? If yes, provide complete address of residence being vacated, including county: n X 9. Would you like to receive tax statements for this property via e -mail? (Provide contact information below. Please see instructions for more information. Not available in all counties.) Address (Number and Street) City, State ZIP Cade County Primary property owner contact name E -mail Under penalties of perjury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, is true, correct and complete as required by law, and is prepared in accordance with IC 6- 1.1 -5.5, "Real Property Sales Disclosure Act". (Note: Spouse information, Social Security and Driver's License /Other numbers are not necessary if no Homestead Deduction is b filed.) .125— of Buyer i Lis S, OLl7S, gm, Oilra�yC • 'lA 70 Signature of Buyerl /Spouse Printed Legal Name of Buyer 1 Sign to (M /DD%YYV1J Printed Legal Name of Buyer 2/Spouse Sign Date (MM /DD /711M Last 5 digits of Buyer 1 Driver's State Last 5 Digits of Social Security Number License /ID /Other Number Last 5 digits of Buyer 2 /Spouse Driver's State Last 5 Digits of Social Security Number License /ID /Other Number INDIANA SALES DISCLOSURE FORM SDF ID: Page 3 PART 2 - COUNTY ASSESSOR The county assessor must verify a d complete items 1 through 14 and stamp the sales disclosure form before s nding to the auditor: 1. Property 2. AVLand 3. AV Improvement 4. Value of Personal Property 5. AV Total 6. Property Class Code 7. Neighborhood Code B. Tax District 9. Acreage A.) Hydroelectric I Geothermal Rental Property D.) ❑ L Electronic Statement (e -mail) A person who knowingly and intentionally falsifies value of transferred rea property, or omits or falsifies any information required to be provided in the sales disclosure form commits a Class C felony. Assessor Stamp 10. Identify physical changes to property between March 1 and date of sale. YES 1 No CONDITION • E 11. Is form completed? ■ E 12. State sales fee required? 13. Date of sale (MN /ao/yrrp: 14. Date form received (Mm /oo /rrve): Items 15 through 18 are to be completed by the assessor when validating this sale: 15. If applicable, identify any additional special circumstances relating to validation of sale. YES 1 NO CONDITION I [-I 16. Sale valid for trending? ❑ ❑ 17. Validation of sale complete? 18. Validated by: PART 3 - COUNTY AUDITOR Auditor Stamp 1. Disclosure fee amount collected: $ YES NO CONDITION 2. Other Local Fee: $ • • 6. Is form completed? 3. Total Fee Collected: $ j- 7. Is state fee collected? 4. Auditor receipt book number C Li 8. Attachments complete? 5. Date of transfer (MM /DD /n1/fl: PART 4 — RECEIPT FOR STATEMENT OF DEDUCTION OF ASSESSED VALUATION Buyer l' Name as appears an conveyance docum en SDF ID SDF Date (MM /DD /VYYY) Parcel Number Address of Property (Number and Street) Check all that apply: City, State, and ZIP Code of Property 1 Homestead ❑ Solar Energy Wind Power Hydroelectric I Geothermal Rental Property Auditor Signature Date(MM /DD /Yrrr) ❑ L Electronic Statement (e -mail) A person who knowingly and intentionally falsifies value of transferred rea property, or omits or falsifies any information required to be provided in the sales disclosure form commits a Class C felony.