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P59 Mohawk
MEMORANDUM To: From: JAMES BI AWARD Y1.\ (I)R City of Carmel c/o Steve Engelking/Mike McBride One Civic Square Carmel, IN 46032 Nancy E. Hermann, Acquisition Agent RWS South, Inc. 5214 South East Street, Suite D -2 Indianapolis, IN 46227 Date: 6/28/2013 Re: Project: 07 -08; Keystone Parkway Code: N/A Parcel: 59 County Hamilton Owner: Mohawk Associates, LLC Subject: Recommendation. for Administrative Settlement The City's fair market value determination of $103,980.00 for 0.346 acres of permanent (fee simple) right -of -way, land improvements, and costs to cure was offered to the Owner. During the negotiation process, the Owner rejected the offer stating that the proposed right -of -way will encumber a portion of their interior drive. The Owner requested the proposed right -of -way be revised to eliminate any encumbrance on their interior drive. The proposed right of way was revised and reduced by 0.091 acres or 3,964 square feet, resulting in a new right -of -way totaling 0.255 acres. Based on the City's original fair market value determination, the value of the revised proposed right -of -way was calculated to be 581,975.00. We believe it is in the best interest of the City to settle this matter by acquiring the new right -of- way for 581,975.00. We believe a great deal of time and money can be saved by settling this matter as opposed to rescinding the offer and reappraising the property. or ()N it.! . 5t1 ( : i N j6 2 __ __ Therefore, we request the City approve an offer of 581,975.00 to the Owner for the new right -of- way. THIS RECOMMENDATION APPROVED: The City of Cannel / �.. By: Printed Name: (. (2, ( ;it/'C /%/4 Title: ,/ )- Y1?i/J Project: 07 -08: Keystone Parkway Parcel: 59 LIMITED WARRANTY DEED THIS INDENTURE WITNESSETH THAT Mohawk Associates, LLC, an Indiana limited liability company (the "Grantor "), hereby conveys and transfers to the City of Carmel, Indiana (the "Grantee"), for the sum of Eighty -One Thousand Nine Hundred Seventy -Five and NO /00 Dollars ($81,975.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See attached Exhibit A and B, which are attached hereto and incorporated herein Subject to any and all easements, agreements, restrictions and other matters of record. Except for the preceding matters, the Grantor covenants with the Grantee to warrant and defend title to the subject real estate against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. 1t 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 undersigned represents and certifies that he is a Manager of Mohawk Manager; LLC, the Manager of the Grantor; that the Grantor is a limited liability company validly existing in the State of Indiana; that the Grantor has full company capacity to covey the real estate interest described herein; that he has full authority to execute and deliver this instrument on tthe Grantor's behalf; and that all necessary company action for the making of this conveyance has been duly taken. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed this Afarr4 . 204 A. GRANTOR: Mohawk Associates, LLC, an Indiana limited liability company By: Mohawk Manager, LLC, an Indiana limited liability company, its Manager Bradley B. Chambers, Manager NOTARY CERTIFICATION STATE OF 1 SS: COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, a Manager of Mohawk Manager, LLC, the Manager of Mohawk Associates, LLC, who acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of the Grantor. WITNESS my hand and Notarial Seal this lY l r day of My Commission Expires: IAN. ki d*0 County of Residence: WlOX day of J 02A; ni- SaI Cm me Notary Printed Name 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, Carmel; Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. EXHIBIT "A" Project: 07 -08 Parcel 59 Sheet 1 of 1 Fee Simple A part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit `B ", described as follows: Commencing at the North Quarter Corner of said Section 31; thence on and along the North line of said Northeast Quarter, East 90 degrees 00 minutes 00 seconds 1011.17 feet to the West Right -of -Way of State Road 431; thence along said West Right -of -Way, South 00 degrees 03 minutes 55 seconds West 16.14 feet; thence, South 67 degrees 03 minutes 20 seconds East 54.27 feet; thence, South 89 degrees 56 minutes 05 seconds East 200.00 feet; thence, South 38 degrees 59 minutes 10 seconds East 16.08 feet (the foregoing portion of this description beginning with the words "Commencing at the" is taken from Instrument Number 200600032874 in the Office of the Recorder of Hamilton County) to the point of beginning of this description: thence South 38 degrees 50 minutes 15 seconds East 82.50 feet along the southwest boundary of the intersection of 126th Street (also known as Mohawk Road) and Keystone Avenue (also known as S.R. 431) to the west boundary of said Keystone Avenue; thence southerly 154.55 feet along an arc to the right having a radius of 19,001.59 feet and subtended by a long chord having a bearing of South 1 degree 07 minutes 05 seconds West and a length of 154.55 feet to Point "489" designated on said plat; thence North 14 degrees 50 minutes 55 seconds West 46.04 feet to Point "488" designated on said plat; thence North 00 degrees 13 minutes 24 seconds West 21.02 feet to Point "487" designated on said plat; thence northwesterly 99.55 feet along an arc to the left having a radius of 101.00 feet and subtended by a long chord having a bearing of North 28 degrees 27 minutes 37 seconds West and a length of 95.57 feet to Point "486" designated on said plat; thence North 56 degrees 41 minutes 49 seconds West 89.94 feet to Point "366" designated on said plat; thence westerly 62.78 feet along an arc to the left having a radius of 101.00 feet and subtended by a long chord having a bearing of North 74 degrees 30 minutes 10 seconds West and a Iength of 61.77 feet to Point "367" designated on said plat; thence South 87 degrees 41 minutes 30 seconds West 29.31 feet to Point "368" designated on said plat; thence North 89 degrees 51 minutes 05 seconds West 365.57 to a northern line of said grantor's land; thence North 82 degrees 42 minutes 40 seconds East 38.45 feet along said northern line; thence South 89 degrees 51 minutes 05 seconds East 500.10 feet along a north line of said grantor's land to the point of beginning and containing 0.255 acres, more or less. All bearings in this description which are not quoted from previous instruments are based on the bearing system for City of Carmel Project 07 -08. This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana Registered Land Surveyor, License Number LS20500009, on the 29th day of January, 2008. Revised 3/05/2013 co N0. 0500009 STATE OF o UR EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN STRUCTUREPOINT Mohawk Rd / 126th St 30 30 SHEET 1 OF 3 0 200' 400' SCALE: 1" =400' INC. OLine 5.7 '.45 +00 16 14' 54.27' 49 +00 1011.17 42 +0 l 200.00' 4 it t 147.35' 25.56' 134.36' 192.22' 114.88' 0 82.50 See Detail "A" Sheet 2 of 3 116.92' 97.24' 93.38' WATER LINE EASEMENT IN FAVOR OF THE TOWN OF CARMEL DEED RECORD 232, PAGE 218 547.78' Residue "A" 545 +00 540 +00 535 +00 530 +00 67.15' 122.33 85.04' 168.12' 97.88' 1795.31' c 35.32' 525 +00 200.42' 157.45' HATCHED AREA IS THE APPROXIMATE TAKING OWNER: Mohawk Associates, LLC PARCEL: 59 PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SELL ION: 31 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: TLM INSTRUMENT NUMBER 200600032874, DATED JUNE 7, 2006 TNiS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.) Line "S -7 -E" EXHIBIT "B" SHEET 2 OF 3 RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN STRUCTUREPOINT INC. Mohawk Rd / 126th St 353.27' 45 +00 0 50' 100' SCALE: 1" =100' 48 +00 500.10' Residue "A" WATER LINE EASEMENT IN FAVOR OF THE TOWN OF CARMEL DEED RECORD 232, PAGE 220 Detail "A" HATCHED AREA IS THE APPROXIMATE TAKING OWNER: Mohawk Associates, LLC PARCEL: 59 PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 31 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: TLM THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY) EXHIBIT "B" RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN STRUCTUREPOINT INC POINT REFERENCE CHART (Feet SHEET 3 OF 3 Point North East Station Offset Z 43 _ 49 53 See Location Control Route Survey Plat 54 57 366 25867.3397 13932,4918 47 +76.60 70.10' Rt, S -7 -E 367 25962.4444 13906.1688 47 +17.04 53.75' Rt. S -7 -E 368 26081.4793 13753.3334 46 +87.75 55' Rt. S -7 -E 369 26082.7320 13270.6604 +PL(42 +47.32) 55' Rt. S -7 -E 370 26137.7335 13270.5578 +PL(42 +47,08) 0' S -7 -E 486 25867.3397 13932.4918 48 +51,90 119.28' Rt. S -7 -E 487 25962.4444 13906.1688 546 +55.53 100.13 Lt. E 488 26081.4793 13753.3334 546 +34,40 99.51' Lt. E 489 26082.7320 13270.6604 +PL(545 +89,95) R/W(86,75') Lt. E SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder of Hamilton County, Indiana, incorporated and made a part hereof by reference, comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1 -12 ( "Rule 12 "). Revised 3/5/2013 Tracy L. McGill Reg. Land Surveyor No. LS20500009 State of Indiana NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: Mohawk Associates, LLC PARCEL: 59 PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SEL I ION : 31 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: TLM AMERICAN STRUCIUREPOIN'T,INC PROJECT NO. IN20030561 THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY SALES DISCLOSURE FORM State Form 46021 (R11 /12 -11) Prescribed by Department of Local Government Finance Pursuant to IC 6- 1.1 -5.5 PRIVACY NOTICE.: The telephone numbers and Social Security numbers of the parties on this form are confidential according to 1C 6- 1.1- 5.5 -3(d1. SDF ID County Year Unique ID SDF Date: INDIANA SALES DISCLOSURE FORM SDF ID SDO ID 1792156 Page 1 PART 1- To be completed by BUYER /GRANTEE and SELLER /GRANTOR A. PROPERTY TRANSFERRED - MUST BE CONVEYED ON A SINGLE CONVEYANCE DOCUMENT 1. Property Number Check box if applicable to parcel S. Complete Address of Property 6. Complete Tax Billing Address (if different from property address) ) 29- 10 -31 -000 -002.002 -018 X 2- split i7 3. Land ❑ 4. Improvement 0 E. 126th Street Carmel, IN 46032 One Civic Squre Carmel, IN 46032 7. Legal Description of Parcel A part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana. 1 ) ❑ 2. Split • 3. Land ❑ 4, Improvement 7. Legal Description of Parcel B. CONDITIONS - IDENTIFY ALL THAT APPLY C. SALES DATA - DISCLOSE VALUE OF ITEMS LISTED IN TABLE B, ITEMS 1 -15 If condition 1 YES NO X ❑ ❑ 2 X ❑ ❑2 ❑ 3 X ❑ ❑ 11 ❑ 7 ❑ 11 ❑ 31 ❑Amount 2 ❑ 11 applies, filer is subject to disclosure and a disclosure filing fee. CONDITION 1. A transfer of real property interest for valuable consideration. 2. Buyer is an adjacent property owner. 3. Vacant land. 4. Exchange for other real property ( "Trade "). 5. Seller paid points. (Provide the value Tablec Item 12.) 6. Change planned in the primary use of the property? (Describe in special circumstances in Table C Item 3.) 7. Existence of family or business relationship between buyer and seller. (CompieteTabkC item 4.) 8. Land contract. Contract term (rrt: 1. Conveyance date (MM /nn /rrrf: 03/06/2014 2. Total number of parcels: 1 3. Describe any unusual or special circumstances related to this sale, including the specification of any less - than - complete ownership interest and terms of seller financing. Permanent right -of -way acquired in conjunction with the Keystone Parkway improvement project. and contract date (MM /DD /rrrr): 9. Personal property included in transfer. (Provide the value Table C Item 5.) 10. Physical changes to property between March 1 and date of sale. (Describe in special circumstances in Table C Item 3) 11. Partial interest. (Describe in special circumstances in Table C Item 3.) 12. Easements or right -of -way grants. Yes NO CONDITION ❑ x 4. Family or business relationship existing between buyer and seller? of discount: $ 0.00 Disclose actual value in money, property, a service, an agreement, or other consideration. If conditions 13 -15 apply, filers are subject to disclosure, but no disclosure filing fee. YES NO CONDITION 5. Estimated value of personal property: $ 0.00 6. Sales price: $ 81,975.00 X ❑ 13. Document for compulsory transactions as a result of foreclosure or express threat of foreclosure, divorce, court order, judgment, condemnation, or probate. ❑ 2 14. Documents involving the partition of land between tenants in common, joint tenants, or tenants by the entirety. X ❑ 15. Transfer to a charity, not- for -profit organization, or government. YES NO CONDITION ❑ 2 7. Is the seller financing sale? If yes, answer questions (8 -13). ❑ 2 8. Is buyer /borrower personally liable for loan? ❑ 9. Is this a mortgage loan? 10. Amount of loan: $ 0.00 11. Interest rate: 0.00 12. Amount in points: $ 0.00 13. Amortization period: 0.00 INDIANA SALES DISCLOSURE FORM SDF ID: Pa D.PREPARER Nancy E. Hermann Land Agent Preparer of the Sales Disclosure Form Title 5214 S. East Street. Suite D -2 RWS South. Inc. Address (Number and Street) Company Indianapolis. IN 46227 317.781.9723 nancy 5 rwssouth.com City, State, and ZIP Code Telephone Number E -mail E. SELLERS GRANTORS) Mohawk Associates. LLC Seller 1 - Name as appears on conveyance document 941 N. Meridian Street Seller 2 - Nome as appears on conveyance document Address (Number and Street) Indianapolis_ IN 46204 Address (Number and Street) City, State, and ZIP Code 317.554.6725 City, State, and ZIP Code Telephone Number E -mail Telephone Number E -mail Under penalties of perjury, 1 hereby certify that this Sales Disclosure, and complete 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 of Seller IL Signature of Seller Print d Name o Seller ' Si.n Date MM DD/ Printed Name of Seller Si.n Date (MM /DD/YYYY F. BUYER S GRANTEE S - APPLICATION FOR PROPERTY TAX DEDUCTIONS - IDENTIFY ALL ITEMS THAT APPLY The City of Carmel Buyer 1 - Name as appears on conveyance 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 317.571.2400 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 n ❑ 1. Will this property be the buyer's primary residence? Provide complete address of primary residence, including county: Once Civic Square ( 1 C 3. Homestead U ✓ 4. Solar Energy Heating /Cooling System ❑ U 5. Wind Power Device ✓ 6. Hydroelectric Power Device n 171 7. Geothermal Energy Heating /Cooling Device ❑ 8. Is this property a residential rental property? U Tv7 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) Carmel, IN 46032 Hamilton City, State ZIP Code County ✓ 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: Address (Number and Street) City, State ZIP Code County Primary property owner contact name E -mail Under penalties of perjury, 1 hereby certify that this Sales Disclosure, and complete as required by law, and is prepared in accordance Spouse information, Social Security and Driver's License /Other being filed.) to the best of my knowledge and belief, is true, correct with IC 6- 1.1 -5.5, "Real Property Sales Disclosure Act ". (Note: numbers are not necessary if no Homestead Deduction is Signature of Buyer.] Signature of Buyer2 /Spouse Printed Legal Nome of Buyer 1 Sign Dote (MM /DD /YYYY) Printed Legal Name of Buyer 2 /Spouse Sign Date (MM /DD/YYYY) Lost 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 SDO ID 1792156 Page 3 PART 2 - COUNTY ASSESSOR The county assessor must verify and complete items 1 through 14 and stamp the sales disclosure form before sending to the auditor: 1. Property 2. AV Land 3. AV Improvement 4. Value of Personal Property 5. AV Total 6. Property Class Code 7. Neighborhood Code 8. Tax District 9. Acreage A.) B.) Assessor Stamp 10. Identify physical changes to property between March 1 and date of sale. YES NO CONDITION 1 ❑ ❑ 11. is form completed? ❑ ❑ 12. State sales fee required? 13. Date of sale (Mm/Do/mm: 14. Date form received (MM /DD /rvn): Items 15 through 18 are to be completed by the assessor when validating this sale: 15.1f applicable, identify any additional special circumstances relating to validation of sale. YES 1 NO 1 CONDITION 16. Sale valid for trending? 17. Validation of sale complete? by: ❑ • ❑ • 18. Validated PART 3 - COUNTY AUDITOR Auditor Stamp 1. Disclosure fee amount 2. Other Local Fee: $ collected: $ YES NO CONDITION 6. Is form completed? 7. Is state fee collected? 8. Attachments complete? • • 3. Total Fee Collected: 4. Auditor receipt book 5. Date of transfer (MM $ • • number: ❑ • /DD /YYYY): PART 4 - RECEIPT FOR STATEMENT'OF DEDUCTION OF ASSESSED VALUATION SDF ID SDF Date (MM /DD /Yfl'Y) Buyer 1 - Name as appears on conveyance document Parcel Number Address of Property (Number and Street) Check all that apply: Homestead ❑ Solar Energy ❑ Wind Power Hydroelectric ❑ Geothermal [] Rental Property [1 Electronic Statement (e -mail) City, State, and ZIP Code of Property Auditor Signature Date(.MM/DD /YYYY) 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. INDIANA SALES DISCLOSURE FORM Parcel Addendum Sheet SDF ID SDO ID 1792156 Page 1 7. Subdivision Name & Lot Number 8. Deductions 9. Rental Property 111 Parcel Acreage 10. Legal Description 0 Homestead Solar Energy ❑ Wind Power ❑ Hydroelectric 0 Geothermal 0.35 A part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana. Signature Date 1. Property Number Check box if applicable to parcel S. Complete Address of Property 6. Complete Tax Billing Address (if different from property address) 1 ) 29- 10 -31 -000 -002.002 -018 X 2. Split 3. Land 4. Improvement 0 E. 126th Street Carmel, IN 46032 One Civic Squre Carmel, IN 46032 pi ❑ 7. Subdivision Name & Lot Number 8. Deductions 9. Rental Property 111 Parcel Acreage 10. Legal Description 0 Homestead Solar Energy ❑ Wind Power ❑ Hydroelectric 0 Geothermal 0.35 A part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana. Signature Date INDIANA SALES DISCLOSURE FORM Seller Addendum Sheet SDF ID SDO ID 1792156 Page 2 Mohawk Associates, LLC Seller - Name as appears on conveyance document 941 N. Meridian Street Address (Number and Street) Indianapolis, IN 46204 - City, State, and ZIP Code 317- 554 -6725 Telephone Number IN E -mail Last 5 digits of Seller Driver's License /ID /Other Number State Last 5 Digits of Social Security Number Signature Date INDIANA SALES DISCLOSURE FORM Buyer Addendum Sheet SDF ID SDO ID 1792156 Page 3 City of Carmel Buyer - Name as appears on conveyance document One Civic Square Address (Number and Street) Carmel, IN 46032- , City, State, and ZIP Code 317 -571 -2400 Telephone Number IN E-mail Last 5 digits of Buyer Driver's License /ID /Other Number State Last 5 Digits of Social Security Number Signature Date Page 4 PROJECT 07 -08: Keystone Parkway PARCEL 59 If you decide to accept the offer of $103,980.00* made by the City of Carmel, 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 I (We), Mohawk Associates, LLC, an Indiana limited liability company owner(s) of the above described property or interest in property, hereby accept the offer of $103,980.00* made by the City of Carmel on this G day of 4,d Appraised Value: $103,980.00 Administrative Settlement: -$ 22,005.00 (due to reduction in acquisition area) Total: $ 81,975.00 Mohawk Associates, LLC, an Indiana limited liability company Qy; /"1oha i , /•ARM a Uli i lS Aimaaer By: By: (Signature))/ y "Moil y (Signature) Br�ic, 111 [./Iryu'J�t.i'S; /'//1/1 fr 0 F "Moil ��torf; L�C (Printed Name) �/ UU (Printed Name) NOTARY'S CERTIFICATE STATE OF a_ SS: COUNTY OF�� ) Subscribed and sworn to before me this LrA1A, day of V \drc,h My Commission Expires: ei III c90-C) My County of Residence is: MOU—t aY\ t.... . - JENNIFER LEIGH SALEMME DoT ;,ati Marion County s =,; ., My Commission Expires ,Ysa: June 17, 2020 (Sig 'ature) 6L1 CIY),Thrle (Printed) NOTARY PUBLIC Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL . INDIANA City Form No. 201 (Rev. 1995) 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 Mohawk Associates, LLC Purchase Order No. c/o Buckingham Property Management Terms Attn: Angie Atkins Date Due 941 N. Meridian Street, Indianapolis, IN 46204 Invoice Date Invoice number Description (or note attached invoice(s) or bill(s)) Amount PROJECT: 07 -08; Keystone Parkway PARCEL: 59 COUNTY: Hamilton Compensation for Permanent (Fee Simple) Right -of -Way Total: $81,975.00 I 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 By By: Signature Title 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. Clerk- Treasurer Form m9 (Rev. October 2007) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Mohawk Associates, LLC Business name, if different from above Check appropriate box: I■ Individual /Sole proprietor El Corporation II Partnership IN Limited liability company. Enter the tax classification (D= disregarded entity, C= corporation, P= partnership) • Other (see instructions) I• Exempt payee Address (number, street, and apt. or suite no.) 941 N. Meridian Street Requester's name and address (optional) City, state, and ZIP code Indianapolis, IN 46204 List account number(s) here (optional) art axpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see 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 number to enter. Certification Social security number or Employer identification number ao � y9,�s3as Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. 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 to this Form W -9. Date E. 404/ Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10 -2007) 03/08 REV -29 STATEMENT OF THE BASIS FOR JUST COMPENSATION Code n/a 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 deterioraton 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: Project 07 -08 Parcel 59 Road Keystone Parkway County Hamilton /Carmel Owner (s) Mohawk Associates, LLC Indiana Limited Liability Company 3 - The area and type of interest being acquired:0.346 acres Fee Simple Right -of -Way. 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. ri 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 Agencys offer for the purchase of this real property is as follows: a. Total Land, Land Improvements and Buildings b .Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc.) $ c. Other damages (Itemize): Cost -to -Cure e stimates: Three cost to cure items will be required. Trees, flowers & compost Replace Flag Poles Repair Electrical Service to Brick Pillars Temporary Right -of -Way (average) $ 97,840.00 $ 1,640.00 $ 1,500.00 $ 3,000.00 Total Damages: $ 6,140.00 Total amount believed to be Just Compensation offered for this Acquisition is: $ 103,980.00 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: Established lawn, asphalt driveway /parking area, concrete sidewalk, bushes and shrubs. 8 - Items owned by others (i.e -: lessee, tenants, etc.) included in Item 5 above are identified as follows: None 9 - Remarks: Acquiring Agency: Signature: Name Printed: Title: Date: !lam tai! Signature: Name Printed: Company: Date: Consultant Reviewer: 'ovum aamumEnr. at rrnsea mat ea. cut/ammo in% mann runacs - MP:OVED BY t.".4( StME P.ORP.D DI ACT GI.PCFS FOR rPt FD1T P CLFIVIS.:a1) CITY OF CARMEL, INDIANA ONE CIVIC SOLARE CAMEL, INDIANA 461:157 PArAn! FR :94 rrITID PANX GENERAL ACCOUNT PAY THE SUM CT EIGHTY ONE 740S. NINE HUNDRED SEVENTY FIVE DOLLARS & ZERO CENTS TO THE ORDER MOHAWK ASSOCIATES LL.0 CID BUCKINGHAM PROPERTY MGT 941 N MERIDIAN ST INDIANAPOLIS IN 4•iG4 1.85S CHECK NO. 232041 DATE, odiaor 4 AVVS4T $°"'81,975.00* 7115 w0.5AFFT t5S.Ct:: TIRO i 21 'ET MS 071..q. OICEYVIR I CF YIASI Cr v 23204 Le 1:0749085941: 999.0434 270 5/8/2014 i2k0411 $81,975.00 • r , , irf..t,.r?06 - : 17 d ' ,• f ..- .c..?o '• .- . .t.., " 'q..-o..'0* :/ 'g...0,t.' '4' /A0- r Ff/ r,r,ft'i'. ! ' g7'.., ' e r.: .. r .,/ / 4 1 2' s 2 t i '; l '14, 1 t ■5- 3 ?s3 „ 3 ;I .”' !!'; . 2. : i ..37;• 1 I i 5? .4 .t..s..- 1-;:: nsirk,'-' in 7,: 1 i' s ,-± 2 21 1ii - F . Zi ; 1 ,' a -• T g ; rt i4 1 i 1 l g I ,. — : i . - ; % '7? i I is'. E,4, ii• I II i p: - i 'j , . - 4 " '' ' ., F,.. Ire. 4. i• 1,„V i t,7.r , , - -- ',P.. i / ‘ , , / 3.d ,,• , " /:.. .'- . Dep i / 4• . •/.( .'... ! o.7i3 r .?, 1/11/ 1 .,., . ..•., '.. . . .":D' . / 0l. .3/: ..: ,. .'..;'•4= ;.- 9,. : , e. „.,. '' / l f i q4i f 4, 1 e 4 {f f Af.le4r.,. r '•7 .F16 ./ ;- -r,-, f t' f'.. / r./ :jrY ' :i't-. / i, .../' . ...'• ` ,4..`' ,.z /•/ - ; /i . ,' ( ,' !i'e , f.,.' f f ,'.., .f ' i .... ' .,. 4■,,offi',;” %.`'.171://7. ".> fe .1' / ,.r ..," ,ri .f ,.;' ,1- .-. .. 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''/' ,r.i "' r ..•:" 4*'....!",,,V:tc-,;*. :4'1.4 ..'..„.-....:,/,//1,,,:,), ,, .,,,,, //(i...,,,,fr i 4- ,,,,,,f4.,r; -, .......,,,,,,./, , ./ .v/•,/,-,-/,' // .1, r ',t , / .--• ../ .. i / 4•-, I. , - - ••- ' - • ,---1, ./' / -7,2 ''‘I., .‘,,.i../././"./././.•.,. /.... ,.. - - .. .. .. - //,ir. ,.'77-7-.T."7.4,..., .:•P ....t4,, .04./ ..' ..t / 0' , • J" .1. .. . . 5/8/2014 232041 $81,975.00 CITY OF CARMEL BUYER'S REPORT (4) PROJECT 07 -08; Keystone Parkway PARCEL 59 COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Mohawk Associates, LLC 250 W. 103rd Street, Indianapolis, IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Zeff Weiss & Matt DeLaruelle, ICE Miller, LLP One American Square, Suite 2900, Indianapolis, IN 46282 PHONE 317.236.2319 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 2/15/12 TIME OF CONTACT 9:15 am OFFER $ 81,975.00 TYPE OF CONTACT: () PERSONAL VISIT, (X) TELEPHONE CALL, (X) E -MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. N/A Checked Abstract with owner? 13. N/A Sent Daily Notice to Relocation Section? 2. N/A Any affidavits taken? 14. YES Secured W -9 Form? 3. YES Any mortgage(s)? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 4. N/A Any other liens, judgments, etc.? 15. N/A Written Offer? 5. N/A Showed plans? Explained take? 16. N/A Land Acquisition Brochure? 6. N/A Explained about retentions? 17. N/A Retention Letter? 7. N/A Any major item retained? 18. N/A Statement of Just Compensation? 8. N/A Any minor item retained? 19. N/A Tax memo (interim period)? 9. N/A Walked over property? 20. YES Receipt of Conveyance Instrument? 10. N/A Arranged for owner to pay taxes? 21. N/A Copy of Conveyance Instrument? 11. YES Secured Right -of -Entry? 22. N/A Owner's Appraisal Letter? 12. N/A Secured Driveway Right -of- Entry? 23. N/A Brochure, "Relocation & You "? REMARKS: Mr. Weiss notified me that they were working on their lender consent. Once this is finalized, he explained that he would be in touch. 5/7/12 (10:45 am) - Mr. Weiss emailed me and explained that they were having an issue obtaining their lender consent. He further advised that they planned on refinancing the loan relatively soon. He inquired of the possibility of waiting until then and excluding the area, which he believed to be the easiest way. 7/3/12 (11:15 am) - I spoke with Mr. Weiss regarding the status of the offer. He advised that he had everything worked out. Duplicate copies fo the documents requiring execution were forwarded. He advised that he hopes to have them returned quickly. 7/31/12 (3:00 pm) - I was notified by Matt DeLaruelle, attorney with ICE Miller, that he will be handling the file. Electronic copies of the offers were forwarded for his review. Status of Parcel: ()- Secured, ()- Condemned, () -Other (Explain) Distribution Made: (X) Parcel () Attorney (X) Owner () Other (Specify) ( ) Weekly Summary N cy E ermann ediamvpiau Page 1 of 2 BUYER'S REPORT (4) PROJECT 07 -08; Keystone Parkway PARCEL 59 COUNTY Hamilton CODE N/A REMARKS (Cont'd): 9/4/12 (2:00 pm) - Matt DeLaruelle responded to my messages via email. He notified me that Mohawk was actually still working with their lender regarding consent. He also requested copies of the conveyance documents in word format to make some changes as well as the any survey documentation. All requested information was promptly forwarded. 10/9/12 (6:00 pm) - Matt DeLaruelle forwarded a revised copy of the Warranty Deed. This was promptly forwarded to the City for review and approval. 11/26/12 (8:15 pm) - Matt DeLaruelle notified me that the owner had completed a survey of the acquisition. It appears that the proposed acquisition encroaches an existing interior drive of the apartment complex, which is not acceptable. He requested the acquisition be revised to eliminate the encroachment. I advised Mr. DeLaruelle that the proposed changes to the Warranty Deed were approved. The requested revision to the legal description reduced the proposed acquisition by 3,755 square feet or 0.087 acres. Utilizing the appraised value of $242,542.00 per acre, this equated to a reduction of approximately $21,000.00. 12/13/12 (1:00 pm) - I emailed Mr. DeLaruelle the proposed changed and explained that the City would like to handle the reduction as a negative administrative settlement. I inquired if this was acceptable. Copies of the revised legals were forwarded for his review the following day. 7/1/13 (1:40 pm) - I emailed Matt DeLaruelle and advised that all the required documentation had been revised per their request. I requested that he contact me to discuss. He called me the following week as things seemed acceptable, revised documents were forwarded for execution. He advised that he would be having their surveyors review the changes and assuming there were no issues, would forward the executed documents. 8/14/13 (3:00 pm) - Matt DeLaruelle telephoned in response to my previous messages. He advised that everything seems in order and hopes to have the documents signed later that week. Matt DeLaruelle and I spoke numerous times regarding the status of the documents. The fully executed documents were received on April 14, 2014. The Receipt of Conveyance Instrument was promptly forwarded to Mr. DeLaruelle. 6 Ni "WO 1/6/ ‘14/1 Nancy ermann Date Page 2 of 2 CITY OF CARMEL BUYER'S REPORT (3) PROJECT 07 -08; Keystone Parkway PARCEL 59 COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Mohawk Associates, LLC 250 W. 103`d Street, Indianapolis, IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Zeff Weiss, ICE Miller, LLP One American Square, Suite 2900, Indianapolis, IN 46282 PHONE 317.236.2319 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 1/26/12 TIME OF CONTACT 10:30 am OFFER $ 103,980.00 TYPE OF CONTACT: () PERSONAL VISIT, () TELEPHONE CALL, (X) E -MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. N/A 2. N/A 3. YES Checked Abstract with owner? Any affidavits taken? Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. N/A Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W -9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. N/A Written Offer? 16. N/A Land Acquisition Brochure? 17. N/A Retention Letter? 18. N/A Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. N/A Copy of Conveyance Instrument? 22. N/A Owner's Appraisal Letter? 23. N/A Brochure, "Relocation & You "? REMARKS: Mr. Weiss emailed me in response to the offer presented. He advised that his client is willing to accept the City's offer if it will also pay for the ALTA Survey update charge. He explained that they already have this form of survey, but will need to update it solely as a result of the take and will be a requirement of their lender. He also advised that the proposed conveyance documents would need to be revised as they do not want to take title risk. They are willing to warrant that they own the property subject to all matters of record. This was promptly forwarded to the City for review and consideration. I was later advised that the City was willing to provide an updated legal description for the subject property but they would not cover the cost of the Land Title Survey. The owner would need to cover the cost of this as part of their site redevelopment plan as these items are not applicable to the City's purchase. This information was forwarded to Zeff Weiss. Status of Parcel: ()- Secured, ()- Condemned, () -Other (Explain) Distribution Made: (X) Parcel () Attorney (X) Owner O Other (Specify) i, f i 1(11 I ( ) Weekly Summary N. ncy g-rmann CITY OF CARMEL BUYER'S REPORT (2) PROJECT 07 -08; Keystone Parkway PARCEL 59 COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Mohawk Associates, LLC 250 W. 103`d Street, Indianapolis, IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Andy Klineman, Buckingham Property Management 941 N. Meridian Street, Indianapolis, IN 46204 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Zeff Weiss, ICE Miller, LLP One American Square, Suite 2900, Indianapolis, IN 46282 PHONE 317.236.2319 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 11/21/11 TIME OF CONTACT 10:00 am OFFER $ 103,980.00 TYPE OF CONTACT: () PERSONAL VISIT, (X) TELEPHONE CALL, () MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. N/A Checked Abstract with owner? 2. N/A Any affidavits taken? 3. YES Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. YES Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W -9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. N/A Written Offer? 16. N/A Land Acquisition Brochure? 17. N/A Retention Letter? 18. N/A Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. N/A Copy of Conveyance Instrument? 22. N/A Owner's Appraisal Letter? 23. N/A Brochure, "Relocation & You "? REMARKS: Mr. Andy Kline, in -house counsel for Buckingham Property Management, telephoned in response to my previous messages. He advised that he had forwarded the packet of information to someone else for review and should have a response shortly. The following day I received a call from Zeff Weiss, attorney with Ice Miller. He advised that he is reviewing the file. We briefly discussed the project. Prior to the extension of the offer, the owner executed a Right of Entry allowing the City immediate access to the property to complete the construction. A copy of the executed Right of Entry was promptly forwarded to Mr. Weiss for his review. 12/20/11 (3:20 pm) - Mr. Weiss responded to my inquiries regarding the status of the offer. He advised that their engineer is checking the legal descriptions and zoning issues and will respond soon. He further advised that he did not foresee any issues. Status of Parcel: ()- Secured, ()- Condemned, () -Other (Explain) Distribution Made: (X) Parcel () Attorney ( ) Owner () Other (Specify) ( ) Weekly Summary N:ncy ermann CITY OF CARMEL BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 59 COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Mohawk Associates, LLC 250 W. 103rd Street, Indianapolis, IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Angie Atkins, Buckingham Property Management 941 N. Meridian Street, Indianapolis, IN 46204 PHONE 317.554.6725 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/10/11 DATE OF CONTACT 10/24/11 TIME OF CONTACT 11:35 am OFFER $ 103,980.00 TYPE OF CONTACT: () PERSONAL VISIT, (X) TELEPHONE CALL, (X) MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. NO 2. N/A 3. YES Checked Abstract with owner? Any affidavits taken? Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. YES Secured Right -of -Entry? 12. N/A Secured Driveway Right -of- Entry? 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W -9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. YES Written Offer? 16. N/A Land Acquisition Brochure? 17. N/A Retention Letter? 18. YES Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. YES Copy of Conveyance Instrument? 22. YES Owner's Appraisal Letter? 23. N/A Brochure, "Relocation & You "? REMARKS: I telephoned the number provide in the appraisal for Ms. Angie Atkinis and left a message explaining that I am assisting the City of Carmel with the Keystone Avenue improvement project. In conjunction with the project, I need to present a monetary offer for additional right -of -way required. I provided my contact information and requested she return my call. The Hamilton County Records were checked and confirmed ownership, which concurred with the Title and Encumbrance Report Prior to receiving a return call, the pertinent forms and related information were mailed via "Certified mail, Return Receipt Requested ", on October 25, 2011, with a date of delivery on October 26, 2011. Included within the packet were the following forms /documents: an introductory letter, the Statement of the Basis for Just Compensation, (2) Appraisal Reports, the Uniform Property or Easement Acquisition Offer, the Warranty Deed with Exhibits "A" and "B ", the Sales Disclosure Form, the Accounts Payable Voucher, the Request for Taxpayer Identification Number and Certification (Form W -9), and the "Owner's Private Appraisal Letter ". The introductory letter explained that the City of Carmel undertook a road improvement project, which purpose was to improve N. Keystone Parkway and E. 126th Street. More specifically, a portion of the subject Status of Parcel: ()- Secured, ()- Condemned, () -Other (Explain) Distribution Made: (X) Parcel () Attorney (X) Owner () Other (Specify) ( ) Weekly Summary BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 59 COUNTY Hamilton CODE N/A REMARKS (Cont'd): property is being acquired as a permanent (fee simple). The permanent right -of -way, known as Parcel 59, contains 0.346 acres. The Statement of the Basis for Just Compensation reflects the breakout of compensation due the owner and is based on the average of two appraisals. The $103,980.00 offer includes $97,840.00 for land and land improvements (established lawn, asphalt driveway /parking area, concrete sidewalk, bushes, and shrubs), $6,140.00 for cost -to -cures to relocate trees, flowers, compost, and the flag pole, as well as repair electrical service to the brick pillars. The Uniform Property or Easement Acquisition Offer, in accordance with I.C. 32- 24 -1 -5, provides only 30 days from its receipt to accept or reject the offer. It explained that the 30 days may be waived and the offer accepted or rejected now or at anytime during this period. It was also indicated that the legally protected rights and options under Indiana's eminent domain law are set forth on page two of the Uniform Property or Easement Offer Letter. It was explained that typically, the Agency makes payment within 90 days after receiving the secured parcel file from the consultant and Indiana law dictates that possession of the property will transfer to the Agency thirty (30) days after payment is received. As indicated in the form "Owner's Private Appraisal Letter ", the owner's representatives may submit an independent appraisal for review at their own expense. The forms /documents requiring signatures and notarization were indicated. Ms. Atkins was encouraged to call with questions or to schedule an appointment to meet. N ncy E rmann Date Page 2 of 2 April 18, 2014 5214 S. East St., Suite D -2, Indianapolis, IN 46227 317.781.9723 • Fax 317.781.9727 • Ice Miller Attn.: Matthew G. DeLaruelle One American Square, Suite 2900 Indianapolis, IN 46282 -0200 Re: Project: 07 -08; Keystone Parkway Parcel: 59 & 59A County: Hamilton Dear Mr. DeLaruelle: www.rwssouth.com Thank you for your attention given this matter. Enclosed are copies of the Buyer's Reports along with the Receipt of Conveyance Instruments for your records. Hopefully, all pertinent issues have been included. If I have neglected to include any issues or if you have any additional, please let me know. Should you have additional questions in the future, please contact me at 781.9723. Thank you for assisting the City of Carmel with this improvement project. Most sincerely, RWS South, Inc. 14 41A44A, Nancy E. ermann Enclosures Icer1 ID LEGAL COUNSEL April 14, 2014 VIA US MAIL Nancy Hermann RWS South, Inc. 5214 S. East St., Suite 2 Indianapolis , IN 46227 Nancy: One American Square Suite 2900 Indianapolis, IN 46282 -0200 WRITERS DIRECT NUMBER: (317) 236 -2135 DIRECT FAX: (317) 592 -5414 INTERNET: matt.del@icemiller.com RE: 07 -08 Keystone Parkway; 126th Street Parcels 59 and 59A Enclosed please find original executed documents in connection with the above - referenced matter, which are to be held in escrow pending payment of $81,975 to Mohawk Associates, LLC and $88,325 to Gramercy Development Partners, LLC. Feel free to contact me at the number above with any questions. Enclosures Sincerely, ICE MILLER L Matthew G. DeLaruelle Chicago Cleveland Columbus DuPage County, III. Indianapolis Washington, D.C. icemiller.com July 1,2013 5214 S. East St., Suite D -2, Indianapolis, IN 46227 317.781.9723 • Fax 317.781.9727 • www.rwssouth.com Mohawk Associates, LLC c/o ICE MILLER LLP Attn: Matt DeLaruelle One American Square, Suite 2900 Indianapolis, IN 46282 Re: Project: 07 -08; Keystone Parkway Parcel: 59 County: Hamilton Dear Mr. DeLaruelle: As requested, the proposed acquisition has been revised to eliminate any encumbrance on the interior roadway known as Indian Trail. The proposed acquisition now contains 0.255 acres, which is a reduction of 0.091 acres. Due to the reduction, the offer is being reduced by $22,005.00. This is based on the appraised value of $241,771.00 per acre. Consequently, the following forms /documents have been revised accordingly and are enclosed: 1. Page 4 of the Uniform Land or Easement Acquisition Offer (must be notarized); 2. The Warranty Deed with Exhibits "A" and "B" (must be notarized); 3. The Accounts Payable Voucher; Additional documents requiring execution are as follows: 4. The Sales Disclosure; 5. The Request for Taxpayer Identification Number and Certification (W -9 form). Please sign, have notarized where applicable, and return at your earliest convenience. A self - addressed, stamped envelope has been provided for your convenience. Thank you for assisting the City of Carmel, Indiana with this improvement project. Should you have questions or would like to meet, I can be reached at 781 -9723. Most sincerely, RWS South, inc n Nancy E. H. rmann Enclosures ru rn 1:o m Ir ..17 .1 O O O O ru rr ru ru r1 0 Project: ()1-0e) Kejs4 ne Parkway County: {-la E-1-on Postal CERTI (D • 11 FEED Manzi o , y lA/:luJriJ+CClEtaD RECEIPT Uto delivery information DCZEI? INDIANAPOLIS I r! 4628 t • erase Prcv ded) websit� at www.u$ps.com¢� or y0 7 ti Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) J $7.37 Mohawk Associates, LLC c/o ICE MILLER LLP Attn: Matt DeLaruelle One American Square, Suite 2900 Indianapolis, IN 46282 0024 r POStmark p-I re 15 tut 1`F t x 13 ;. SENDER COMPLETETHIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Mohawk Associates, LLC c/o ICE MILLER LLP Attn: Matt DeLaruelle One American Square, Suite 2900 Indianapolis, IN 46282 ; Parcel: 59 ; Code: n (a. COMPLETE:THIS SECTION ON DELIVERY t� A. Si.nature X.'. . ❑ Agent ❑ Addressee B. f Receive. by (rinted Name) Gc�At- r it(ALA. la - C. DI of Mrery D. Is de$ ery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service laben 3. Service Type 0 Certified Mall ❑ Registered ❑ Insured Mail ❑ Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7012 2920 0001 6693 8325 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 • RWS SOUTH, - INC. October 25, 2011 5214 S. East St., Suite D -2, Indianapolis, IN 46227 317.781.9723 • Fax 317.781.9727 • www.rwssouth.com Mohawk Associates, LLC c/o Buckingham Property Management Attn: Angie Atkins 941 N. Meridian Street Indianapolis, IN 46204 Re: Project: 07 -08; Keystone Parkway Parcel: 59 County: Hamilton Dear Ms. Atkins: The City of Carmel undertook a road improvement project, which purpose was to improve N. Keystone Parkway and E. 126th Street. I have been contracted as a subconsultant by American Structurepoint, Inc., to provide buying services for this parcel. American Structurepoint, Inc., is under direct contract with the City of Carmel. Mohawk Associates, LLC, an Indiana limited liability company, is reported to be the owner of record of certain property, affected by the improvement project. More specifically, a portion of the subject property is needed as permanent (fee simple) right -of -way. The permanent right -of -way, known as Parcel 59, contains 0.346 acres. The offer of $103,980.00 is based on two (2) appraisals. The estimated values were arrived at using standard appraisal methods in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). As you read through the enclosures, please note that the Uniform Property or Easement Acquisition Offer letter, in accordance with I.C. 32- 24 -1 -5, provides only 30 days from its receipt to accept or reject the City's offer. The offer may be accepted or rejected now or at any time during this 30 day period. Please note that the owner's legally protected rights and options under Indiana's eminent domain law are described within the Uniform Property or Easement Acquisition Offer. Please review the enclosed forms and documents, which are relative to the acquisition and consist of: 1. The Statement of the Basis for Just Compensation; 2. (2) Appraisal Reports; 3. The Uniform Land or Easement Acquisition Offer letter; 4. The Warranty Deed with Exhibits "A" and "B "; 5. The Sales Disclosure form; 6. The Accounts Payable Voucher; 7. The Request for Taxpayer Identification Number and Certification (W -9 form); 8. The form, "Owner's Private Appraisal letter ". Mohawk Associates, LLC c/o Buckingham Property Management Attn: Angie Atkins October 25, 2011 Page 2 Should the City's offer be acceptable, several documents will require signatures. These are as follows: 1. Page 4 of the Uniform Property or Easement Acquisition Offer letter (must be notarized); 2. The Warranty Deed with Exhibits "A" and "B" (must be notarized); 3. The Sales Disclosure form; 4. The Accounts Payable Voucher; 5. The Request for Taxpayer Identification Number and Certification (W -9 form). I will need the originals returned and for your convenience, I have enclosed a self- addressed, stamped envelope. After receiving the executed documents, a closing will be scheduled at a later date to complete the transaction. Indiana Law dictates that possession of the property will transfer to the City thirty (30) days after you have received payment. However, should the offer be unacceptable, you may submit your own appraisal for consideration by the City. If you decide to obtain your own appraisal, you do so at your own expense and submitting an appraisal does not guarantee that any change will be made in the offer. I am available should you desire to meet or have any questions. Please contact me at your earliest convenience at 317.781.9723. Thank you for your immediate attention to this matter and for assisting the City of Carmel in providing an improved corridor. Most sincerely, • Nancy E. Hermann Acquisition Specialist Enclosures Mohawk Associates, LLC Date: October 25, 2011 c/o Buckingham Property Management RE: Project: Keystone Parkway Attn: Angie Atkins Parcel: 59 941 N. Meridian Street Indianapolis, IN 46204 Dear Ms. Atkins, It is the policy of the Indiana Department of Transportation, Division of Land Acquisition, and the City of Carmel to accept for review any evidence of value submitted by the property owner for the purpose of determining fair market value. Any costs incurred from obtaining such evidence, however, is the responsibility of the owner. Acceptable forms of evidence of value include, but are not limited to, appraisals, comparable sales, and cost estimates. Evidence of value must be supported by factual data and items of damage must be fully documented. Submitted evidence based on these facts is acceptable for review. Very truly yours, v Nancy E. Hermann, Acquisition Specialist