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96th Street Bridge DocumentsCross-reference: Deed Record 226, Page 314 Dated 2/28/69 Project: M -B209(2) Parcel: 16 Road: E. 96th Street WARRANTY DEED THIS INDENTURE WITNESSETH, That City of Carmel formerly known as Town of Carmel (Grantor) of Hamilton County, in the State of Indiana , CONVEY and WARRANT to Hamilton County, Indiana for the sum of One Dollar and No/l00 Dollars ($1.00 ) 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" IN WITNESS WHEREOF, Grantor has executed this deed this 1 1 day of %1(xi 19 qC . Grantor: City of Carmel by its Board of Works Signature Printed Ted John Signature Printed Rick McKiney, r and Board Member Printed Steven M. Brown, Board Member Attest: Signature aAA.t'- C. STATE OF COUNTY OF d Member Printed Anne C. Hartman, Deputy Clerk - Treasurer SS: ACKNOWLEDGEMENT Before me, a Notary Public in and for said County and State, personally appeared Ted Johnson, Mayor and Board Member. Steven M. Brown, Board Member, Rick McKiney Board Member and Anne C. Hartman, Deputy Clerk -Treasurer, of the City of Carmel by its Board of Works who acknowledged the execution of the foregoing Warranty Deed to be his/her/their/its voluntary act and deed, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this My commission expires: Signature 1995 day o ALAI) S_JeA-- Printed et-%N7147A L/&4 SIIeeKS Notary Public Resident of -177 ILIO .J County, Indiana This instrument prepared by Michael A. Howard Attorney at Law, from information provided by United Consulting Engineers, Inc. Town of Carmel Parcel 16 Right of Way Project Mil 209(2) A part of the Southeast Quarter of Section 9, 'Township 17 North, Range 4 East, Hamilton County, Indiana, described as follows: Beginning at a point on the west line of said quarter section North 0 degrees 03 minutes 50 seconds East 16.50 feet from the southwest corner of said quarter section, which point of beginning is on the north boundary of East 9Gtli Street; thence continuing North 0 degrees 03 minutes 50 seconds East 48.50 feet along said west line; thence North 85 degrees 34 minutes 24 seconds East 354.55 feet; thence North 89 degrees 37 minutes 00 seconds last 225.00 feet;'thence North 21 degrees 09 minutes 28 seconds East 204.27 feet; thence North 89 degrees 37 minutes 00 seconds East 51.38 feet to the low water mark of the White River; (hence South 5 degrees 38 minutes 24 seconds East 13.59 feet along said low water mark; thence South 9 degrees 00 minutes 55 seconds East 115.78 feet along said low water mark; thence South 29 degrees 44 minutes 28 seconds East 55.07 feet along said low water mark; thence South 1 degree 44 minutes 16 seconds West 54.04 feet along said low water mark; thence South 13 degrees 48 minutes 52 .seconds East 34.44 feet along said low water stark to the north boundary of East 96th Street; thence South 89 degrees 37 minutes 00 seconds West 757.04 feet along the boundary of said East 96th Street to the point of beginning mid containing 1.630 acres, more or less. ��±^•vnrr,,, Given under my hand and seal sty'/.y aosij\3ANE D,v Date st P&c>fsi��7jn�t i No.\\+w 1 ' 1 S0453 , Kent 1). Downey g,rru.Stiti \��o Registered L.:md Surveyor No. S0 53 non„p Stare of Indiana Exhibit A * PARCEL NO, PIOJECT NO ROAD NO. COUNTY SECTION TOWNSHIP: RANGE . 7 A /U OWNER: /0AM/ v/ (:.'7d':A;�E"L DRAWN BY' PI' ,4 L1'vcc 5/1/4 DEED RECORDZet7PAGE a.?;,UATED 7/k(%/7/ CHECKED BY n,(i if •"..I .7(4 /?,,,, 24, D'urlo /Z1j -2 I//moi, HATCHED AREA IS TIIE APPROXIMATE TAKING 11111 rtAl OAP rn rrAnr 11 MOP inronmA nen OrI nr,rn..n pICn Igor tall Nrern,AIN\CIIrl ICI*I1tOY rlrIT) Utlirll ln RO4yt. /7,?OE? 7x✓ CX STni6" n O. Z JO �irr TTC /4'e,-/,' /7049 ,4a.' Ezo. o !i'es./l- /; ;/77' 90..5 ' V D\ VA' cEt) ,T.•-- -"/T /4/ i' .� /In, c/14i 4:2 c:,r Aria 14 0 94- r//-`-r� rV 95- r. 6..5. Nu, /r 9///9,1 SCALE: i" - ?CIO S Q g*,GNo. vFa,O 80564 �" STATE OF / i9 VDIMIT/NR\ P SURV;0 Petty?. 41 5/6/9/ ??,thio./ CC .unrtom Co. .C.4 IP&j PAR?,��,�?' March 12, 2001 Mr. James Brainard, Mayor City of Carmel One Civic Square Carmel, IN 46032 Dear Mayor Brainard, J �L Attached is a status report on the 96th St. project. I think you will find it has good news! We are projecting that this project will be coming in at $2.138.723 under the original draw down schedule budget. This is a 9.6% under run. When was the last time you heard of a project under running? 1 believe this shows what can be done when we work together as governmental agencies with a shared vision of a great transportation system at the most economical cost. I apologize for the time it has taken to get a report to you, but there have been many loose ends which we have been trying to tie up and the County Commissioners wanted this report to be reviewed by an accounting firm to insure it's accuracy. This report includes a summary of all tasks remaining to be completed to close out the project. a summary of the funding status. breakdown summaries of the individual work categories and detailed claims payment reports for individual agreements and contracts. Also attached is a copy of our interlocal agreement. The summary of the funding status shows the original budget, the funds expended to date and the revised budget (or anticipated final expenditures and income). Also transmitted with this letter is copy of the review of these financial statements by Crowe Chizek and Company LLP for all activity from January 1. 1995 (the start of the inter -local agreement) through December 31, 2000 and the findings from the agreed-upon procedures concerning the application of costs and revenues for the project. The only difference between the findings of the Crowe Chizek report and the funding summary prepared by the Highway Department is the application of federal funds to the revenue stream. Crowe Chizek does not feel that the federal aid should be recognized until it is received. 1717 PLEASANT STREET NOBLESVILLE, INDIANA 96060 (317) 773-7770 Based on the two reports, the Board of Hamilton County Commissioners have directed the Hamilton County Highway to refund the amounts shown in the Crowe Chizek report to each of the agencies unless otherwise objected to by the partners in the agreement. This should leave sufficient funds to cover. outstanding issues that may result in more expenses and would take the more conservative view of not distributing the federal aid receipts.until they are received. The amounts to be immediately refunded would be .$226,042.00 to each of Carmel and Fishers and $1,318,540.00 to Hamilton County. Because total project cost has not fallen under $20,000.000 there is no refund to be made to Indianapolis at this time. It should be noted that the inter -local agreement was executed in December of 1995 with an effective date of January 1. 1995. As a result. Hamilton County made expenditures from its Local Road and Street Accounts and Motor Vehicle Highway Accounts of $494,497.50 during the calendar year of 1995. The 96th St. Fund was created December 6, 1995 with all 96th Street funds being expended from that account after January 1,1996. In order to create sufficient cash reserves in the 96th Street Fund to enter into contracts in early 1996 (before other partners were able to fund their share), Hamilton County deposited $598.000.00 in excess of it's share of $3.712.100 into the 96th St. Fund. Hamilton County's refund is based on a total of $4.310.100.00 deposited into the 96"' St. Fund plus the $494,497.50 spent in 1995. Unless one of the partners object to the release of this money by March 22, 2001. we will be processing a claim for the refund March 23, 2001 with a check to be issued April 10. 2001. I would ask that all partners, please review this report for accuracy and completeness. If there are any remaining issues or debts owed under this inter -local agreement. please bring them to my attention no later than April 16, 2001. if we have not heard from you by that time, we will assume you are in agreement with this report. After the April 16th date and upon receiving additional federal aid funds, we would anticipate distributing additional excess funds. Since the effective date of this report, we have submitted a final claim voucher for 4S9.Z32.9A-in federal aid. Most of the remaining engmeenn RNA' haying agreement issues have been resolved. We will continue to have R/W issues._ wetland mitigation reviews and LNDOT audit issues to get resolved. Wetland issues should be resolved in 2002. It is unknown when the right of way and INDOT audit issues will be resolved.It will be necessary to keep contingency funding for these remaining issues in the 96th Street fund. I appreciate your review of this document and I hope you are pleased with the overall project. This has been an exciting and challenging project to undertake and Hamilton County commends all of the partners for working together so well to bring this much needed roadway improvement project to completion. We will keep you updated as to the status of the project in anticipation of closing out our inter -local agreement on this great project. lfyou have any questions. please call me at (317) 773-7770. Sincerely, Les K. Locke Hamilton County Highway Engineer Attachments cc: Steven C. Dillinger - Hamilton County Commissioner Sharon R.Clark - Hamilton County Commissioner Steven A. Holt - Hamilton County Commissioner Tom K. Stevens - Hamilton County Highway Kent Downey - United Consulting Engineers Kate Boyle -Weiss - Carmel w/ Full Report Mike Howard - Hamilton County Attorney LKL:Ikl F:USER.1lwngtFunds Staws'Transmittai 2 -7.4 -DO wpt CROWE CHIZEK INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES Hamilton County Board of Commissioners One Hamilton County Square, Suite 157 Noblesville, IN 46060 MAR 0 1 20101 HAMIL TON 00. HIGHWAY DEPT We have performed the procedures enumerated below, which were agreed to by the Hamilton County Board of Commissioners, solely to assist you with respect to the 96th Street Transportation Improvement Construction Project Costs (Project Costs) of participants in an interlocal agreement between Hamilton County, the City of Indianapolis, the City of Carmel, and the Town of Fishers from January 1, 1995 through December 31, 2000. This engagement to apply agreed-upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the Hamilton County Board of Commissioners and users of the report. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Agreed -Upon Procedures The agreed-upon procedures outlined in the engagement contract included the following: A.. Determine shared costs as defined in the interlocal agreement from total Project Costs. Shared costs exclude attorney fees and litigation for right of way acquisition and other participant directed changes or additions to the project as defined in the interlocal agreement. The results of the review of Project Costs, performed under a separate engagement will be the basis for mathematical calculations. B. For shared costs, apply cost share percentages to determine project costs for participants. The cost share percentages depend on the dollar level of shared project costs as defined in the interlocal agreement. C. For attorney fees and litigation costs for right of way acquisition and other participant directed changes or additions to the project as defined in the interlocal agreement, apply costs to participants who incurred or approved such costs. D. Compare total costs for each participant to total funding by each participant to determine over funding or under funding by each participant. 1. 4 Agreed-upon Procedures Performed and Findings A. Based on a review of the financial statements of the Project Costs for the period of January 1, 1995 through December 31, 2000, the shared costs totaled 520,116,162 based on actual expenditures after subtracting other participation. The budgeted shared costs were $20,458,174 after subtracting other participation. Participants Based on Actual Expenditures to Date Based on Budgeted/Estimated Expenditures for Project (1) Total Costs $ 21,481,658 5 21,823,670 Less Participation by to Date Expenditures for Other Participants (2) 1,365,496 1 365,496 Total Shared Costs $ 20,116,162 $ 20,458,174 City of Carmel 3,372,054 3,486,058 (1) These amounts represent estimates of total project costs. An additional $342,012 has been estimated by the lead agency in the interlocal agreement. (2) This amount includes $825,804 of federal aid and $539,692 of changes or additions to the original project funded directly by the participant or outside party. Additional federal aid of $324,196 may be available upon determination of eligibility of costs. This has not been included above and may reduce the total shared costs of participants B. Based on the provisions of the interlocal agreement, the shared costs are be allocated as follows: C. Based on our inquiry and analytical review of project costs, project funding was not used for attorney fees or litigation costs for right of way acquisition as defined in the interlocal agreement. Participant or outside party directed changes or additions were $539,692 and were funded directly by the party making the change or addition to the project, and thus excluded from shared costs. Based on Actual Based on Participants Expenditures Budgeted/Estimated to Date Expenditures for Project City of Indianapolis $ 10,000,000 5 10,000,000 City of Carmel 3,372,054 3,486,058 Town of Fishers 3,372,054 3,486,058 Hamilton County 3,372,054 3 486 058 Total Shared Costs $ 20 116,162 $ 20,458,174 C. Based on our inquiry and analytical review of project costs, project funding was not used for attorney fees or litigation costs for right of way acquisition as defined in the interlocal agreement. Participant or outside party directed changes or additions were $539,692 and were funded directly by the party making the change or addition to the project, and thus excluded from shared costs. D. Based on the project funding and expenditures to date, participants' funding has exceeded both actual and estimated costs of the project as of December 31, 2000, as follows: Participants Based on Actual Expenditures to Date Based on Budgeted/Estimated Expenditures for Project City of Indianapolis: Funding received from participant $ 10,000,000 $ 10,000,000 Participant share of expenditures (1) 10,000,000 10,000,000 Funding in excess of project costs $ - $ - City of Carmel: Funding received from participant $ 3,712,100 $ 3,712,100 Participant share of expenditures 3,372,054 3,486,058 Funding in excess of project costs $ 340,046 $ 226 042 Town of Fishers: Funding received from participant $ 3,712,100 $ 3,712,100 Participant share of expenditures 3,372,054 3,486,058 Funding in excess of project costs $ 340,04f $ 226,042 Hamilton County: Funding received from participant $ 4,804,598 $ 4,804,598 Participant share of expenditures 3,372,054 3,486,058 Funding in excess of project costs $ 1 432,544 $ 1 318 540 (1) Based on the provisions of the inter ocal agreement, Indianapolis has agreed to pay 50% of the shared project costs, up to 510 million. We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the specific elements, accounts or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the use of the Hamilton County Board of Commissioners and interlocal agreement participants, and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. Crowe, Cht,ek and Comp Indianapolis, Indiana January 9, 2001 P 3. c AGREEMENT FOR CONSTRUCTION OF 96TH STREET FROM jIVESHORE DRIVE. IN CARMEL. INDIANA. TO THE INTERSECTION OF 96TH STREET AND I-69 This Agreement entered into and.approved by the parties on the dates set out herein, between Hamilton County, Indiana (hereinafter referred to as "Hamilton County"); the City of Indianapolis through the Department of Capital Asset Management (hereinafter referred to as "DCAM"); the City of Carmel (hereinafter referred to as "Carmel"); and the Town of Fishers (hereinafter referred to as "Fishers"); WITNESS THAT: WHEREAS, United Consulting Engineers and Architects, Inc., (her--inafter referred to as "the Engineers") have prepared pla - and specifications for the construction and improvement of 96th Street from Lakeshore Drive in Carmel, Indiana, to the west limit of the intersection of I-69; and, WHEREAS, the parties are desirous of entering into an Agreement to construct the road improvements and bridges set out in those plans and specification, (Hereinafter referrad to as "the Project"); and WHEREAS, the parties wish to cooperate in the realization of the Project, to exchange the necessary services, and to share equitably in the cost of the Project; and WHEREAS, Indiana Code 36-1-7 permits interlocal agreements between governmental entities. NOW, THEREFORE, the parties mutually agree as follows: 1: Responsibilities of Lead Agency. Hamilton County shall be the lead agency on the Project, and shall be primarily responsible for continuing to advance the Project through agreements with the Engineers, bidding the Project for construction, and making all required filings and applications with State and Federal agencies. As lead agency, Hamilton County shall keep all of the parties informed concerning status of the project. All parties shall be informed of any all amendments to contracts or additional contracts with the and the Engineers before Hamilton County incurs costs which are to be Shared Costs under this Agreement. amendments to contracts before Hamilton County under this Agreement, All parties shall approve (i) or additional contracts with the Engineers incurs costs which are to be Shared Costs (ii) plans and specifications for the Project or the applicable phase prior to the construction contracts being released for bid and (iii) material change orders which occur during the course of construction of the Project, which increase the ccsts of the Project by an amount of more than Ten Thousand Dollars ($10,000) per change order. Each party shall be deemed to have approved any of the foregoing unless Hamilton County is notified by that party within fourteen (14) days after notice is sent to the party. 2. Additional Funding Sources. Hamilton County shall continue to make applications with the Federal Government to receive funds for demonstration projects under the Intermodal Surface Transportation Efficiency Act and any other Federal or State funds which might be available to assist in payment of the costs of the Project. All parties agree to assist and cooperate in obtaining Federal and State funds for the Project; however, nothing herein shall be construed to impose a duty on any party to pursue Federal funds through the Indianapolis Regional Transportation Council unless agreed by the parties. 3. Review of Alternative Financing Methods. The parties agree to examine alternate financing methods including but not limited to financing, constructing, and leasing the local public improvements contained within the Project. 4. Project Costs. The costs of the Project are estimated in Exhibit A which is attached hereto and made a part hereof. Final costs shall be determined upon the actual costs at completion of the Project. 5. Division of Shared Costs. Except as modified herein, the parties agree that all costs defined as "Shared Costs" shall be divided between the parties with fifty percent (50%) of the Shared Costs paid by DCAM, one-sixth (1/6) of the Shared Costs paid by Hamilton County, one-sixth (1/6) of the Shared Costs paid by Carmel, and one-sixth (1/6) of the Shared Costs paid by Fishers. 6. Allocation of Federal or State Funds. with the exception of the annual federal aid allocation to any party, Federal or State funds approved for the Project after the date of this Agreement, (hereinafter referred to as "Outside Funds"), shall be applied to reduce the shared costs paid by each party as follows: a. In the event the total shared costs for the Project are greater than Twenty Million Five Hundred Ninety-eight Thousand Nine Hundred Dollars ($20,598,900), the Outside Funds received or used to reduce the shared costs of the Project shall equally reduce the shared costs of Carmel, Fishers, and Hamilton County until the total shared costs paid by the parties equals Twenty Million Five Hundred Ninety-eight Thousand Nine Hundred Dollars ($20,598,900). b. In the event the total shared costs of the Project are less than Twenty Million Five Hundred Ninety-eight Thousand Nine Hundred Dollars ($20,598,900) or the total shared costs paid by the parties are reduced to Twenty Million Five Hundred Ninety- eight Thousand Nine Hundred Dollars under paragraph (a) above, all other Outside Funds received or used to reduce the costs of the Project shall be used to reduce the shared costs paid by the parties as set out in paragraph five (5) above. For purposes of these reductions, Indianapolis' Shared Costs shall be $10 Million Dollars ($10,000,000). All shared costs paid by any of the parties after the 1st day of January, 1995, shall be divided as set out herein. Those costs include the unpaid portion of the local share of existing contracts with the Engineers as set out in Exhibit B which is attached hereto and made a part hereof. 7. Reductions to Shared Costs. Additionally, other cost reductions which are achieved on the Project through the efforts of any party shall be allocated as follows: until such cost savings reduce the Project cost below $20 Million Dollars Hamilton County, Carmel, and Fishers shall be credited with one-third (1/3) of such savings; thereafter, such reductions shall be allocable in accordance with the percentages set forth in Section 5. 8. Definition of Shared Costs. Except as limited by Section 9 all costs paid or incurred on and after January 1, 1995, for the Project shall be Shared Costs and shall include all costs, other than attorney's fees and litigation costs incurred by the parties in right-of-way acquisition. The balance of the costs of the Project, including but not be limited to engineering fees, damages and payments to landowners for right-of-way, construction costs and inspection costs, shall be a Shared Cost. 9. Each party shall pay all attorney's fees and litigation costs for right-of-way for the Project within their respective jurisdictions. However, payment of damages to landowners, whether by agreement or judgment, shall be a Shared Cost. Limitation on haraco t . Shared Costs shall not include any attorney's fees or litigation costs for right-of-way to the Project within a party's jurisdiction and those costs shall be borne solely by the party incurring those costs. Additionally, if a party insists on certain changes and/or additions to the Project which increase the cost of the Project, those increased costs shall be borne solely by the requesting party unless other parties specifically agree to share the costs. Notwithstanding any other provision of the Agreement to the contrary, in no event shall the Shared Costs for DCAM exceed $10 Million Dollars unless agreed to in writing by DCAM. '0. Records and Reports. Hamilton County shall maintain records of all costs incurred for the Project and shall itemize all costs paid or incurred after January 1, 1995. The parties shall be provided reports of all costs incurred on a regular basis, at least quarterly, including the amounts of Shared Costs paid and/or due from each of the parties. 11. Allocation of Project Phases. The parties agree that the Project may be divided into separate parts to assist the parties in funding their portion of the Project or permit the acceleration of construction of the Project. The parties further agree that Hamilton County's contribution toward the Shared Costs of this Project shall be applied to the construction of the bridge over White River so that those funds may be paid under the County's major bridge fund under Indiana Code 8-16-3.1-1 et seq. The other parties shall notify Hamilton County as soon as practical of their intent to pay costs attributable to specified portions of the Project. 12. Appropriation Authority. The parties represent that they have the authority to enter into this Agreement and agree to seek appropriations from their fiscal bodies in an amount sufficient to fund each unit's portion of the Project in a timely manner. 13. Resolution of Disputes. Any disputes arising from this Agreement shall be resolved by the chief executives of each party or their respective designees. If said persons are not able to resolve the dispute, the parties shall submit the dispute to mediation or other mutually agreed upon alternate dispute resolution technique. 14. Prereguisjte to DCAM Participation. anythinc to participate Indianapolis Notwithstanding contrary above, DCAM shall have no obligation to in the Project unless and until the City of establishes a Tax Incremental Financing District which is able to provide DCAM with the funds necessary to perform its obligations under this Agreement. 15. General P ovi ions. This Agreement sets for the entire agreement between or among the parties. The parties shall not rely or seek to enforce any other written or oral agreements between or among the parties, if said written or oral agreements should exist. 16. Effect of Agreement. This Agreement is the result of negotiations between the parties and their respective legal counsel, and no party shall be deemed to be the drafter of this Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either party. IN WITNESS WHEREOF, the parties to this Agreement have approved this Agreement on the dates set out below. BOARD OF COMMISSIONERS OF HAMILTON COUNTY Date: l07 Ar Steven C. Dillinger Date: iggiqi Dated: bq 45 Dated: Nov 2 9 1995 Steven A. Holt Sharon R. Clark CITY OF INDIANAPOLIS 2 Gregory If. enneke, director Department of Capital Asset Management APPROVED AS TO LEGAL FORM: SUE A. BEESLEY,CORPORATION COUNSEL Age Aar Err A. Morrison Assistant Corporation Counsel Controller Dated: ATTEST: /a/6/55 Clerk -Treasurer Dated: CITY OF CARMEL BY ITS BOARD OF PUBLIC WORKS TOWN OF FISHERS BY ITS TOWN BOARD ® �► ISSN Clerk -Treasure �l t-Cl/qI AGREEMENT FOR CONSTRUCTION OF 96TH STREET FROM LAKESHORE DRIV TN C RM TNDT NA TO THE INTERSECTION OF 96TH STREET AND I-69 This Agreement entered into and approved by the parties on the dates set out herein, between Hamilton County, Indiana (hereinafter referred to as "Hamilton County"); the City of Indianapolis through the Department of Capital Asset Management (hereinafter referred to as "DCAM"); the City of Carmel (hereinafter referred to as "Carmel"); and the Town of Fishers (hereinafter referred to as "Fishers"); WITNESS THAT: WHEREAS, United Consulting Engineers and Architects, Inc., (herr-inafter referred to as "the Engineers") have prepared plus- and specifications for the construction and improvement of 96th Street from Lakeshore Drive in Carmel, Indiana, to the west limit of the intersection of I-69; and, WHEREAS, the parties are desirous of entering into an Agreement to construct the road improvements and bridges set out in those plans and specifications (hereinafter referred to as "tile Project"?; and WHEREAS, the parties wish to cooperate in the realization of the Project, to exchange the necessary services, and to share equitably in the cost of the Project; and WHEREAS, Indiana Code 36-1-7 permits interlocal agreements between governmental entities. NOW, THEREFORE, the parties mutually agree as follows: 1. Responsibilities of Lead Agency. Hamilton County shall be the lead agency on the Project, and shall be primarily responsible for continuing to advance the Project through C./. ;)/6/ AGREEMENT FOR CONSTRUCTION OF 96TH STREET ERCIII-LAInflE14,—IlaaaasS.Q THE INTERSECTION OF 96TH STREET AND I-69 This Agreement entered into and approved by the parties on the dates set out herein, between Hamilton County, Indiana (hereinafter referred to as "Hamilton County"); the City of Indianapolis through the Department of Capital Asset Management (hereinafter referred to as "DCAM"); the City of Carmel (hereinafter referred to as "Carmel"); and the Town of Fishers (hereinafter referred to as "Fishers"); WITNESS THAT: WHEREAS, United Consulting Engineers and Architects, Inc., (rer-inafter referred to as "the Engin_ers") have prepared pla = and specifications for the construction and improvement of 96th Street from Lakeshore Drive in Carmel, Indiana, to the west limit of the intersection of I-69; and, WHEREAS, the parties are desirous of entering into an Agreement to constrict the road improvements and bridges set out in those plans and specificationz (Hereinafter referred to as "the Project"); and WHEREAS, the parties wish to cooperate the Project, to exchange the necessary se equitably in the cost of the Project; and WHEREAS, Indiana Code 36-1-7 permits between governmental entities. NOW, THEREFORE, the parties mutually agree as follows: 1. Responsibilities of Lead Agency. Hamilton County in the realization of rvices, and to share interlocal agreements shall be the lead agency on the Project, and shall be primarily responsible for continuing to advance the Project through EXHIBIT A FUNDING DRAW DOWN SCHEDULE EAST 96th STREET TRANSPORTATION PROJECT LAKESHORE DRIVE TO INTERSTATE 69 PROJECT ACTIVITY an' OF CARMEL TOWN OF FISHERS HAMILTON CITY OF COUNTY NDL1NAPOLIS RUNNLVG TOTAL JUNE 1. 1995 Item La All Deign aginecnng Services All Right of Wry Engineming anions tan Lb 40% of Estimated Land Acquisition Costs Phase II S 990,000.00 Masa 111 S 854,600.00 Phase IV S 1,109,400.00 Sub Total ;914,000.00 @ 40% - Plow 1 Total 1369,000.03 31.182,000.00 51 ,511, 561,50600 119700,200 531.500. 00 1197,0042 00 561,501100 5197.000.00 1114,104100 1591,001100 1369,000.00 51,151,00000 ALflLUBtR I 1995 nem 11 Construction Contract *1: <<Rivor Road to A ilinnovills Road- Grading Construction 34,299,000.00 Utility Relocation 1345,000.00 Construction Inspection 1360,000.00 Ran 11 Total 55,004.000.00 51,550,104100 512 00 53,153,60000 id 00 5.4555,0011 00 15F.CE317TER 1. f 935 tem ni Balance of Land Acquisition Costs Loss F.RW.A. Participation limn III Total $1,771,000.00 (S1,150,000 00) S622,0061 00 5107,301200 1207.306100 51100 5707,400.00 57,177,0012 00 Cann:ruction Onstrast al <Const'nor. Drive la River .2ood>> Construction 54,531.000.00 UtRity Relocation 530.000.00 Construction Impassion 5455,200.00 --Sub-Tnia: Cent ^M #2 S3.u3 L2u0s.si ltcm IV.b Constriction Contract #3: C<Adassers Road to blurs:am 69» Consmsctioft 57,45.000.00 Ut/ity Rckcahon 5245,000.00 Corutrucan Impaction 5245.400.00 •'Ssd,-Totisi Contract #3 S2,944,400.0u Hens IV Total 57921.600. 00 51,695,90000 51,511,600.00 MOO 64767,10Q 00 SI 5,15 3,600 00 (note (nolo 12) Imm Vat Constmcdon Contract #4: <CAlarointelle Road to Masters Rood>, Canstnicnon 54.935.000.00 Utility Relocation 3590.000.00 Construction Inspection 5495,500.00 "Sub -Total Contract #4 ,012,500.00 ltnn V.b Construction Contract IS: <Clines Rood to A Illsonville Road -taming> Construction 3996,000.00 eblity Relocation 50.00 Construction Inspection 599.600.00 "Sub -Total Contract *5 S1,095,6004)0 lunV Total . 17114100.00 5/200 51,727701t 00 sac,' 55,314106 100 5.22,172.700 "Rest= TOtILS 00 3.1 11' mu 00 in 136.400.00 3.2, foot 00 (nom 43) • I I Ina:cotes 2sinn cr ,.rton,.fl by 3 on-nitonli 564.90 AO) Recta/11/91 inc4 saes a Pconon of Land Coil. (isforo fodsrol aid participation) to Provide Hamilton Co. Fond ng Psychos.. Lan 92 oldjaned Utilize Hamilton Counut's Humood Us. Fonding Source 93 Final Propor Cosi Calmalatul In 1996 Upda tad foe Volvo Engl....ring and siditutorl for Final Cost Sisantlr MIS Sr Comml Rusin & Hanuiion emotion/ 5601 4.1or ddlenparlt Exhibit B 96TH STREET - PHASES II, III, IV SUMMARY OF AGREEMENTS BETWEEN HAMILTON CO. AND UCEA FOR DFSIGN AND R/W SERVICES UCEA Job No. Services Provided and Agreement Amounts 87-416 PHASES II and III - 100% HAMILTON COUNTY FUNDS Design Survey, Design Study Report, Road Design, Bridge Design for Carmel Creek and White River, All R/W Engineering Services, Geotechnical Services, Utility Coordination, Hydraulic Analysis @ Carmel Creek Original Agreement dated May 18, 1987 Amendment No. 1 dated June 3, 1991 Total Not to Exceed Invoiced Thru November 1, 1991 Balance to Invoice • * Amendment No. 2 dated Dec. 20, 1994 Pending $ 562,900 $ 2,000 $ 564,900 $ 377,753.03 $ 187,146.97 $ 18,100 88-416 PHASE IV - 75% FEDERAL FUNDS Design Survey, Design Study Report, Design Hearing, Road Design, Signal Warrant Studies @ Masters & Hague, Signal Design @ Masters & Hague, Geotechnical Services, Utility Coord., Re-evaluate E.I.S - All Phases, Sect. 106 & 4(f) Compliance, Arch. Recon and Test Exc. - Ail Phase Origical Agreement dated October 3, 1988 Supplement No. 1 dated February 6, 1989 Supplement No. 2 dated November 6, 1989 Supplement No. 3 dated July 15, 1991 Total Not to Exceed (100%) Invoiced Thru November 1, 1991 Balance to Invoice (100%) Balance to Hamilton County (25%) $ 257,200 $ 11,850 $ 6,569 $ 13.800 $ 289,419 $ 203,946.50 $ 85,472.50 $ 21,368.12 90-508 PHASE IV - 75 % FEDERAL FUNDS Final R/W Plans, Title Work, Last Deeds, Legal Descriptions, Transfer Documents, Land Plats, Appraisal Problem Analysis, R/W Stake -Out, Title Insurance & Update Original Agreement dated September 4, 1990 Supplement No. 1 - Revised Not to Exceed Total Not to Exceed (100%) Invoiced Thru November 1, 1991 Balance to Invoice (100%) Balance to Hamilton County (25 %) $ 135,240 $ - 991 $ 134,249 $ 75,151.13 $ 59,097.87 $ 14,774.47 SUMMARY OF AGREEMENTS CONT. 93-510 PHASES II & III - 75% FEDERAL FUNDS R/W Services: Seek Donations & R/W Management * This agreement will need to be amended to include Appraisals, Review Appraisals, and Buying Original Agreement dated August 19; 1991 No Invoice to Date Balance to Invoice (100%) Balance to Hamilton County (25 %) $ 50,401 $ 50,401 $ 9,450.19 93-511 PHASE IV - 75% FEDERAL FUNDS R/W Services: Seek Donations & R/W Management * This agreement will need to be amended to include Appraisals, Review Appraisals, and Buying Original Agreement dated August 19, 1991 No Invoice to Date Balance to Invoice (100%) Balance To Hamilton County (25%) $ 88,535 • $ 88,535 $ 22,133.75 Pending PHASES II, III, IV - 100% HAMILTON COTJNTY FUNDS Update Survey and Plans, Title Update, Title Search, Right -of -Way Engineering Revisicas, Right -of -Way Engineering for New Parcels, Appraisal Problem Analysis Reports * New Agreement Pending dated Dec. 20, 1994 $ 95,600 EXHIBIT A FUNDING DRAW DOWN SCHEDULE EAST 96th STREET TRANSPORTATION PROJECT LAKESHORE DRIVE TO INTERSTATE 69 PROJECT ACTIVTTY CJTY OF TOWN OF HAMILTON I CITY OF CARMEL FISHERS COUNTY HNDIANAPOLJS RUNNING TOTAL " 9.84i6t8:869:9.t. JUNE I. 1995 Ran Is All Deign Engincering Sextets Ail Rig)tt of Way Engineering Seneca 5369,000.00 ltcra Lb ACM of Estimated Lend Acquisition Costa Phase $ 990,000.00 Phase al S 814,600.00 Phase PI S 1,109,400.00 Sub Taal $2,95'4,000.00 @ 40% - S1.182.000.831 lion 1 Total I.LHIAmouve) 561,50.200 1197,00600 1.31,50aao 5197,001260 861,501200 1197.001200 5184,500.00 6591,00a00 1369,001200 31.5.61,004.00 ott/TE.6Th ttt 1. 1Y95 :tenni Construction Contract 01: <<Rlbar Road vo. Allisorralla Road- Grading Construcrion $4,299,000.00 Utility Reload:an 1045,000.00 Construction &upon:ion 360,000.00 Ron 11 Total 16004,001200 51,550,10Q 00 512 00 13,453,604100 51200 545.55.000.00 1.)LL:MBLR 1.195 Acin 10 Babina of Land Acquisition Can Loss R14_41.A. Partlanontion Ilan HI Toed $1,772,000.00 (51,150,00180) 5622.0641 00 I:07,30000 1207,J00 512 00 5:02,403100 52,17244212aa (sot. 31) Leta s v./ OnSMICtion Contract #2.: <<1.2kashore Drive to Rinr Constructon $4,552.000.00 Unlity Relocarion $30.000.00 Conztrucrion Inetecdon 5155.20000 -"Sub-ret: Contirct /17 85 3 tern IV.S Ccnsirinecn Contract 33: <<Alcusers Road to Inunatau, 69» Conn:grim Unity Rekesuion Construcaon Inspection •• Snb-Total Contratt 143 RCM IP Total S2.454.000.00 5245,000.00 5245,400.00 82,944,400.00 37,98.1.600.00 S1.69690600 11418,60600 51200 54.767.10a 60 1353534011 &a (not. 32) ,tbGljSi LJV60 it= • .2. Construcrion Contract 04: <<Allbonvill• Road to Masters Road>> CONtririon 54,935.000.00 UIIXIy Rekeirion $5912,000.00 Construcrion Inspection 5493,50000 •43uls-Tocal Genet #.4 so.o Itcm V.b Conriruc00n Contract #5: <CRivor Road t o Alhoonvilla Road -Ponnmg> Conertiejon 8996.000.00 Reloation 50.00 Inspection 599.600.00 "Sub -Tool Cant:let 35 S1,095,1,00.00 Bon V Toad $7,111.1061.00 51200 51,727.70400 31200 554 36.390 co 522.173,70000 4.670.1= tOraLS 5.0.712.106.00 Id )12.160.00 111,130.30000 122,272.706100 2,1 I nencotel San., •3 otormse•a ov Soocoraulronu 1104.900.00i An. 1611/95 tga: 31 Inc....133 a ?alio. olLand Com (lo.fin Adana! aid pereicIpanoe) to Provide Hamilton Co. Funding w Parchaan Lan 02 Adjuotnd Wain Hamilton Cowny's Rostricud Us. Fading Source 33 Final Propos Coot Calculoend In 1996 Dollard, Updased fir Vain. Enginearffig and Adj.:ad/1, Final Con' Shainc 0 117,44.• Cern( Mtn, A I rand Lion Cowryand 100% kr lhaLanapoar (non. 63) •,• Exhibit B 96TH STREET - PHASES II, III, IV SUMMARY OF AGREEMENTS BETWEEN HAMILTON CO. AND. UCEA FOR DESIGN AND R/W SERVICES UCEA Job No. Services Provided and Agreement Amounts 87-416 PHASES II and III - 100% HAMILTON COUNTY FUNDS Design Survey, Design Study Report, Road Design, Bridge Design for Carmel Creek and White River, All R/W Engineering Services, Geotechnical Services, Utility Coordination, Hydraulic Analysis @ Carmel Creek Original Agreement dated May 18, 1987 Amendment No. 1 dated June 3, 1991 Total Not to Exceed Invoiced Thru November 1, 1991 Balance to Invoice * Amendment No. 2 dated Dec. 20, 1994 Pending $ 562,900 $ 2,000 $ 564,900 $ 377,753.03 $ 187,146.97 $ 18,100 88-416 PHASE IV - 73% FEDERAL FvLS Design Survey, Design Study Report, Design Hearing, Road Design, Signal Warrant Studies @ Masters & Hague, Signal Design @ Masters & Hague, Geotechnical Services, Utility Coord., Re-evaluate E.I.S - All Phases, Sect. 106 & 4(0 Compliance, Arch. Recon and Test Exc. Ail Phases Original Agreement dated October 3, 1988 Supplement No. 1 dated February 6, 1989 Supplement No. 2 dated November 6, 1989 Supplement No. 3 dated July 15, 1991 Total Not to Exceed (100%) Invoiced Thru November 1, 1991 Balance to Invoice (100%) Balance to Hamilton County (25%) $ 257,200 $ 11,850 $ 6,569 $ 13.800 $ 239,419 $ 203,946.50 $ 85,472.50 $ 21,368.12 90-508 PHASE IV - 75% FEDERAL FUNDS Final R/W Plans, Title Work, Last Deeds, Legal Descriptions, Transfer Documents, Land Plats, Appraisal Problem Analysis, R/W Stake -Out, Title Insurance & Update Original Agreement dated September 4, 1990 Supplement No. 1 - Revised Not to Exceed Total Not to Exceed (100%) Invoiced Thru November 1, 1991 Balance to Invoice (100%) Balance to Hamilton County (25%) $ 135,240 $ - 991 $ 134,249 $ 75,151.13 $ 59,097.87 $ 14,774.47 SUMMARY OF AGREEMENTS CONT. 93-510 PHASES II & III - 75% FEDERAL FUNDS R/W Services: Seek Donations & R/W Management * This agreement will need to be amended to include Appraisals, Review Appraisals, and Buying Original Agreement dated August 19, 1991 $ 50,401 No Invoice to Date Balance to Invoice (100%) $ 50,401 Balance to Hamilton County (25%) $ 9,450.19 93-511 PHASE TV - 75% FEDERAL FUNDS R/W Services: Seek Donations & R/W Management * This agreement will need to be amended to include Appraisals, Review Appraisals, and Buying Original Agreement dated August 19, 1991 S 88,535 No Invoice to Date Balance to Invoice (100%) $ 88,535 Balance To Hamilton County (25%) S 22,133.75 Pending PHASFS II, III, IV - 100% HAMILTON COTJNTY FUNDS Update Survey and Plans, Title Update, Title Search, Right -of -Way Engineering Revisions, Right -of -Way Engineering for New Parcels, Appraisal Probl?.rn Analysis Reports * New Agreement Pending dated Dec. 20, 1994 $ 95,600 OFFICERS Jacob E. Hall. PE. L.S. Kent D. Ilou nee RE.. LS. Ronald B. Miller Billie W. Jones. P.E.. L.S. x'illiam F. Hall, P.E. Steven W. Jones William D. Richter. RE.. L.S. United Consulting Engineers & Architects l EEVBLA>� 30th IVERSgp 9 ARCHITECTS SURVEYOR Denise K. Anderson. L.S. John K. Hardin. R.T.. A.I.A. Alan L. Blunk. R.A.. A.I.A. July 11, 1995 Mr. Ted Johnson, Mayor City of Carmel One Civic Square Carmel, IN 46032 RE: Project: M -B209(2) Parcel: 16 Road: East 96th Street Dear Mayor Johnson: JUL_ 1 1. 1995 nnr ®�® AMERICAN CONSULTING ENGINEERS COUNCIL ENGINEERS Jerry D. Rimhie.PE. Ronald C. Stiller. P.E. Anthony W. lona. P.E. Greg L. Rominger. P.E. Michael W Con. P.E. Brad 5. Faris. P.E.. L.S. Dale A. Schmidt. RE Karen 5. Kellerman. P.E. Transmitted herewith per our conversation are the following items for your review and execution. The documents reflect the area revision for the hiking trail. A. Donation form with attached legal description and plat B. Warranty Deed with attached legal description and plat C. Exempt transaction form. In addition, we will neecertified copy of the minutes -of the meeting authorizing the donation of 1.708 acres to Hamilton -County, IN, for the purpose)of road/bridge construction. Again, thank you for your help with this project. As always, if you have questions or require additional information, please call me. Enclosures c: 93-510 Sincerely, UNITED CONSULTING ENGINEERS, INC. 18144\ Sandra Boyer 1625 N. Post Road. Indianapolis. IN 46219-1995 • Phone: (317) 895-2585 Fax: (317) 895-2596 cli.fsiiEXEMPT TRANSACTIONS Slate Farm 46327 It2.9T Prescribed by me Slate Boam of Tax Commissioners 1993 e�_�/ Pursuant 10 IC 6-1.1-5.5 .',PRIVACY NOTICE Notwithstanding IC 5 -Id -3. a sales disclo- sure lone i3 not 2 public record and may only be used ay the State Board at Tax Commissioners or oersons actng an Denali of :he Slate Board of Tax Commilsionen. 'RUM :trcr BE COMPLETED Br BUYER AND SELLER:?y, ra Fist name City of Carmel M.I. Last name Scoal Security numcer or Fecerai ID numcer factional) yJ?I Actress (numcer arta street) One Civic Square First name Hamilton County, Indiana 0 Cay. awn or Post Office Carmel M.I. State ZIP dace In . 46032 Last name Scoal Security numcer or Fecerai ID numcer (ccncna,) Acaress (number ano street) 1717 Pleasant 'Street &caress (numcer aro weer) 96th & River Road Parcel or Key numoer 17-14-09-00-00-008:000 County 'ropey pass code (cnecx one) Resicential J Mineral :ry, own or Post Office Noblesville Cry. Town cr Post Cate Carmel CE Commercial [' Agricultural Tcwnsmo name Carmel Township Industrial 0 Ctner (Spec:tvl State I IN State IN ZIP coca 46060 ZIP dace EXEMPT TRANSACTIONS (see Instructions below) .ces Ine 'sensation duality as an exempt Carsaoion? Yes [No ii Yes. sceoty me nuraer at the exetcxn rmm ceicw arc go :c .me signature secicn. Reason numcer: 7 Exempt Transactions If the document to be recorded clearly indicates that it is an exempt transaction number. 1. Security interest document such as mortgage and trust deeds , 2. Leases that are for a term ct less than ninety (90) years 3. Document for compulsory transactions as a result of foreclosure or ex- press threat of fcrectosure. divorce. court order, condemnation or proba d, Transfer to a charity 5. Agreements and other documents for mergers. consolidations enc incorporations involving solely ncnlisted stock please certify that the transaction is exempt and dreviee the teaser S Cuitctatm deecs not serving as a source of titre 7 Transfer tor nc cons;aeration cr gift 3 Documents in-:cIvirc me cartiticn ct lanc tenants in torr nae Joint tenants or tenants by the entirety 9. Re -retorting to carer pnar recorced cccument. 10. Right-of-way grants for no consideration. 11. Easements won nc transfer of tine. The parties to a real property conveyance document are required to file this tom+ and anest in writing and under the penalties of perjury that the information contained herein is true and correct. A person who knowingly and intentionally lalsihes any information required on this form commits a Class C misdemeanor. Under Penalties of Perjury, I hereby certify that this Sales Disclosure, to the best al my knowledge and belief, is true, correct and compete as required by law, and is prepared in accordance with IC 6.1.1-5.5, "Reel Property Sales Disclosure Act". For an exempt transaction. only cne signature (seller. buyer or either's represenrarrve),5 'eewred. Signature ofeiler or entame Ta agrees ivr^oer (317 I S -7/-1Y.0:_ Date signed fmcnm. Gray. year, 711/75 Signa Nee oI buyer ar ree a ive leieprory NAmoer Date signer ;moan. Cay year, (AUDI T' R 9S: OFF ICE) TO. BE COMPLETED BY THE AUDITORASC RECORDER ( RECORDER'S OFFICE ) Project: M -B209(11) Parcel: 16 Owner: Town of Carmel As the owners of real estate needed for the above referenced project and parcel, and acknowledging the fact that we are entitled to just compensation based upon an approved appraisal of the subject real estate, nevertheless, desire to donate the right-of-way. We waive such appraisal rights and will execute the necessary conveyancing instruments to transfer said right-of-way in the City of Carmel. This donation to Hamilton County, Indiana, is made without any coercive action of any nature. Date Attest: City of Carmel by its Board of Works Ted ayor and Board Member Rick McKin oard ember en M. Brown, Board Member o1'ti- J C. Anne C. Hartman, Deputy Clerk -Treasurer Cross-reference: Deed Record 226, Page 314 Dated 2/28/69 WW1 Project: M -B209(2) Parcel: 16 Road: E. 96th Street WARRANTY DEED THIS INDENTURE WITNESSETH, That City of Carmel formerly known as Town of Carmel (Grantor) of Hamilton County, in the State of Indiana , CONVEY and WARRANT to Hamilton County, Indiana for the sum of One Dollar and No/100 Dollars ($1.00 ) 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" IN WITNESS WHEREOF, Grantor has executed this deed this /7 g. day of T:ly , 19 c; Grantor: City of Carmel by its Board of Works Signature Printed Ted John Signature `Q Printed Rick McKin•y, ,:oard Member Signatur or and Board Member Printed Steven M. Brown, Board Member STATE OF COUNTY OF Attest: SignatureQ C. i*r 4^U 7111A Printed Anne C. Hartman, Deputy Clerk - Treasurer SS: ACKNOWLEDGEMENT Before me, a Notary Public in and for said County and State, personally appeared Ted Johnson, Mayor and Board Member, Steven M. Brown, Board Member, Rick McKiney, Board Member and Anne C. Hartman, Deputy Clerk -Treasurer, of the City of Carmel by its Board of Works who acknowledged the execution of the foregoing Warranty Deed to be his/her/their/its voluntary act and deed, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 1014 day of 'ntt.11 , 19 RS My commission expires: Signature --A41-(( 3( 199Y Printed evu71M C i1/i %F (S , Notary Public Resident of 4m(L7c/0 County, Indiana This instrument prepared by Michael A. Howard , Attorney at Law, from information provided by United Consulting Engineers, Inc. r, Town of Carmel Parcel 16 Right of Way Project M -B 209(2) A part of the Southeast Quarter of Section 9, Township 17 North, Range 4 East, hlamilton County, Indiana, described as follows: Beginning at a point on the west line of said quarter section North 0 degrees 03 minutes 50 seconds East 16.50 feet from the southwest corner of said quarter section, which point of beginning is on the north boundary of East 96th Street; thence continuing North 0 degrees 03 minutes 50 seconds East 63.50 feet along said west line; thence North 86 degrees 48 minutes 16 seconds East 203.79 feet; thence North 89 degrees 37 minutes 00 seconds East 375.00 feet; thence North 21 degrees 09 minutes 28 seconds East 204.27 feet; thence North 89 degrees 37 minutes 00 seconds East 51.38 feet to the low water mark of the White River; thence South 5 degrees 38 minutes 24 seconds East 13.59 feet along said low water mark; thence South 9 degrees 00 minutes 55 seconds East 115.78 feet along said low water mark; thence South 29 degrees 44 minutes 28 seconds East 55.07 feet along said low water stark; thence South 1 degree 44 minutes 16 seconds West 54.04 feet along said low water mark; thence South 13 degrees 48 minutes 52 seconds East 34.44 feet along said low water mark to the north boundary of East 96th Street; thence South 89 degrees 37 minutes 00 seconds West 757.04 feet along the boundary of said East 96th Street to the point of beginning and containing 1.708 acres, more or less. Given under myhand and seal 7-�-7r ota:?lant/o�,,, 00� ‘UFPJE 471,,,E Date •st �`��` .4iSTEgF y,� f No. ti '11 S0453 _ lc \ STATE OF • (,.7 •: RCEL NO.. /(o JJEtT NO. ; y- "i:??i 2 AD NO. .r 9' /7/✓ JNTY : :TION : NNSHIP: NGE OWNER: -7c,^.:( :'%c%iEC DEED RECORD''`; PAGE24;DATED 7/:::6 /2/ Crc <: i r'. i ;-'' iP 3/4 D.41 _,j 2AZ; HATCHED AREA IS THE APPROXIMATE TAKING T199 Ptt.l WAS PREPARED FROM INPORMAT1oN OBTAINER rnOMS THF. AnCOOD_R'9 OFFICE AND OTLIEP SOVOCE9 !'* $!C I WERE NOT NEC:i9SARILT CHECanah FWLC SORVFY 77-;72Z Z , /cr/a= /7,'0e az go /Y ct ' /' 4c. i DRAWN BY: ,f,/,:' ti..0a�'v;;. CHECKED BY: 6 5. /-/',/r 17/2/ SCALE: 1" = 2t0 t\�' �.. Wit, 3�s) S0564 STATE OF j • Pet al 5/6f9! ;1cc.etz, G;i:::,:,•r_;,.'/Li/;.c.:, 7Z� i t J 1 Town of Carmel Parcel 16 Right of Way Project M -B 209(2) A part of the Southeast Quarter of Section 9, Township 17 North, Range 4 East, Hamilton County, Indiana, described as follows: Beginning at a point on the west line of said quarter section North 0 degrees 03 minutes 50 seconds East 16.50 feet from the southwest corner of said quarter section, which point of beginning is on the north boundary of East 96th Street; thence continuing North 0 degrees 03 minutes 50 seconds East 63.50 feet along said west line; thence North 86 degrees 48 minutes 16 seconds East 203.79 feet; thence North 89 degrees 37 minutes 00 seconds East 375.00 feet; thence North 21 degrees 09 minutes 28 seconds East 204.27 feet; thence North 89 degrees 37 minutes 00 seconds East 51.38 feet to the low water mark of the White River; thence South 5 degrees 38 minutes 24 seconds East 13.59 feet along said low water mark; thence South 9 degrees 00 minutes 55 seconds East 115.78 feet along said low water mark; thence South 29 degrees 44 minutes 28 seconds East 55.07 feet along said Iow water mark; thence South 1 degree 44 minutes 16 seconds West 54.04 feet along said Iow water mark; thence South 13 degrees 48 minutes 52 seconds East 34.44 feet along said Iow water mark to the north boundary of East 96th Street; thence South 89 degrees 37 minutes 00 seconds West 757.04 feet along the boundary of said East 96th Street to the point of beginning and containing 1.708 acres, more or less. �a�aaca? �a7 aeeyaaA,r UANE �0 �fQ�G15TEq 4,,.: No. i rt S0453 STATE or `•• el."*\Al.0 ANP.'�0. " ,,.?SU \l ,, ''aa�«p r r u a aP���, Given under my hand and seal Date Kent D. Downey Registered Land Surveyor No. S State of Indiana Exhibjf 10EL NO. - /(o OWNER: /'.',t/ L,.:)c i-; (' DRAWN BY: X/': /c'%t/'h/ 3/ % IJEtT NO. Ai -j 'j(J .) DEED RECORD''1)`(PAGE2"?DATED 7/_6/2/ CHECKED BY: (y. 5• /-/'//— i///9/ AD NO. %"'/ .. GCa /,;• /7 •o 22,/p3 24E//';') JNTY : .TION : VNSHIP: VGE . HATCHED AREA IS THE APPROXIMATE TAKING THIS PLAT WAS PREPARED PROM INFORMATIC7 ORTAINFI^ RIOtt THE ACCQPOERB OFFIC12 MOD CRIER SOItfCE'. W41CH WERE NOT NECESSARILY CIIEONEORN 0 FI'.LD SI/v VE1 ✓<; TJX /7. 'pe Z ,--,,..5-/ v6 / O• C , `JO Vt / 7 2C //.ter':/= /7 i2/ IY =, 4c. cert-. ."Arli:i I /Ip bC' r://1/. .T• Lac/' 1 SCALE: 1" = LGD ''`Is1.iy, L./1 g tNo. 50564 STATE OF i ',LLas }yv�. SJR`i&' '� Petty .aT.?447.9:1111 -n1: 414/ 54/9/ /.!/ F/.,l h:'::,ll(, P:/r C.. ///./E 4. 16- a t,1„e(;;:I; (.7 _ E 96, OFFICERS Jacob E. Hall, PE_ L.S. Kent D. DOM ncr, P.E.. L.S. Ronald B. Miller Billie W. Jones. P E.. L.S. William E. Hall. RE Sicken W. Jones William D. Richter. RE.. LS. United Consulting Engineers & Architects Mr. Ted Johnson, Mayor City of Carmel One Civic Square Carmel,IN 46032 ARCHITECTS John D. Staler, RA., A.I.A. John R. Hardin. R.A., A.I.A. Alan L. Blunk. R.A., A.I.A. May 10, 1995 RE: Project: M -B209(2) Parcel: 16 Road: East 96th Street Dear Mayor Johnson: AMERICAN CONSULTING ENGINEERS COUNCIL ENGINEERS Jerry D. Ritchie. P.E. Ronald C. Miller. RE. Anthony N. Jones. P.E. Greg LRomincer. RE. Michael \C. Cay. P.E. Brad S. Faris. P.E., LS. Dale A. Schmid. P.E. Baan S. Felle:man. P.E. MAY 1 1 1995 Transmitted herewith per our conversation are the following items for your review: A. Donation form with attached legal description and plat B. Warranty Deed with attached legal description and plat. Please forward to my attention any changes for the referenced documents. In addition, we will need a certified copy of the minutes of the meeting authorizing the donation of 1.630 acres to Hamilton County, IN, for the purpose of road/bridge construction. Thank you for your help with this project. As always, if you have questions or require additional information, please call me. Sincerely, UNITED CONSULTING ENGINEERS, INC. n nap Sandra Boyer Enclosures c: 93-510 t Project: M -B209(11) Parcel: 16 Owner: Town of Carmel As the owners of real estate needed for the above referenced project and parcel, and acknowledging the fact that we are entitled to just compensation based upon an approved appraisal of the subject real estate, nevertheless, desire to donate the right-of-way. We waive such appraisal rights and will execute the necessary conveyancing instruments to transfer said right-of-way in the City of Carmel. This donation to Hamilton County, Indiana, is made without any coercive action of any nature. Date Attest: City of Carmel by its Board of Works Ted Joh son, M.• or and Board Member c • ney, Bo • rd Me ..er Steven M. Brown, Board Member askit, c. * A—ma th. Anne C. Hartman, Deputy Clerk -Treasurer Town of Carmel Parcel 16 Right of Way Project M-13 209(2) A part of the Southeast Quarter of Section 9, Township 17 North, Range 4 East, Hamilton County, Indiana, described as follows: 13egiuning at a point on the west line of said quarter section North 0 degrees 03 minutes 50 seconds East 16.50 feet from the southwest corner of said quarter section, which point of beginning is on the north boundary of East 96th Street; thence continuing North 0 degrees 03 minutes 50 seconds East 48.50 feet along said west line; thence North 85 degrees 34 minutes 24 seconds East 354.55 feet; thence North 89 degrees 37 minutes 00 seconds East 225.00 feet; thence North 21 degrees 09 minutes 28 seconds East 204.27 feet; thence Nolth 89 degrees 37 minutes 00 seconds East 51.38 feet to the tow water mark of the White River; thence South 5 degrees 38 minutes 24 seconds East 13.59 feet along said Iow water mark; thence South 9 degrees 00 minutes 55 seconds East 115.78 feet along said Iow water mark; thence South 29 degrees 44 minutes 28 seconds East 55.07 feet along said low water mark; thence South 1 degree 44 minutes 16 seconds West 54.04 feel along said low water mark; thence South 13 degrees 48 minutes 52 seconds East 34.44 feet along said Iow water ivark to the north boundary of East 96th Street; thence South 89 degrees 37 minutes 00 seconds West 757.04 feet along the boundary of said East 96th Street to the point of beginning and containing 1.630 acres, more or Tess. ,�o, ��'` S0453 ,*J STATE OF Given under my hand and seal 5-11-51, Date f 1 Kent D. Downey Registered Land Surveyor No. SO 53 State of Indiana ‘RCEL NO. /(o IOJECT NO. M-8:01?( 2 ) AAD NO. E 9G rr/ )UNTY /4476/7"i5,✓ CTION : )WNSHIP: /7,/ kNGE 4E OWNER: t,t/ o/ I J,4,e4,766 DRAWN BY: ,Fk' /io,P^/Avc .TfrA DEED RECORO217PAGE24 ;DATED 7W/2/ CHECKED BY: 4. 5. /-///,ci '7 /9/ GEED et...,226P,,Ibr 314, &.,'7C) 24009 HATCHED AREA IS THE APPROXIMATE TAKING THIS PLAT WAS PREPARED PROM INFORMATION OBTAINED FROM THE RECORDER'S OFFICE ANO OTHER SOURCES WHICH WERE NOT NECESSARILY CHEMED OF A FIELD SURVEY 7Z' "lett,/ /7308 ���✓txs7-v&= oz90 /t/e-7- TCC //e61= /70/8 BSc. 4c. SCALE: 1" = 2C0 P qOG No. '{c+ 30564 STATE OF / N 'AN.t.,yO�w< %F�. SUR\14..4% AP�iiii iiA74:e4� Pet, of / 56/9/ 0 W 9814.5 231.?' 2/6-0/ z. 4 k/� ACca-n_. E rstr,-it n/i At/ 4140 Or AYF!',CAAI 4GCPEG,iii: 5 CiFT H46t1(.70A.1 CO. /,./E fes--/ (9 A MW(OAJ Co, LA/64'.. 9&77./.5r 2.4