Mohawk Associates Parcel 59-59A Keystone Project Purchase DOcumentsIceMiller
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
WRITER'S DIR[cr NUMBER: (317) 236-2135
DIRerr FAX: (317)592-5411
1NI IiRNET: Mnalldle l3 ieem11lar. COM
RE: 07-08 Keystone Parkway; 126111 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 $81975 to Mohawk Associates, LLC
and $88,325 to Gramercy Development Partners, LLC.
Peel free to contact me at the number above with any questions.
Enclosures
Sincerely,
ICE MILLER LLP
Matthew G. DcLaruelle
Chicago Cleveland Columbus DuPage County, N. Indianapolis Washington, D.C.
icemiller.com
tank 21941
CI .117 -CARMEL
jAJiES BI<AINARD•, MAYOR
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
PROJECT: 07-08; Keystone Parkway
PARCEL: 59
COUNTY: Hamilton
TO: Mohawk Associates, LLC, an Indiana limited liability company
c/o Buckingham Property Management
Attn: Angie Atkins
941 N. Meridian Street
Indianapolis, IN 46204
The City of Carmel is authorized by Indiana law to obtain your property or an easement across
your property for certain public purposes. The City of Carmel needs your property for a public
improvement known as 07-08; Keystone Parkway and needs to take the property as described on
the attached legal description.
It is our opinion that the fair market value of the property we want to acquire from you is
$ 103,980.00 , and, therefore, the City of Carmel offers you $ 103.980.00. for the above described
property. You have thirty (30) days from this date to accept or reject this offer. If you accept this offer,
you may expect payment in full within ninety (90) days after signing the documents accepting this offer
and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or
other problems with title to the land. Possession will be thirty (30) days after you have received your
payment in full.
DEPARTMENT OF ENGINEERING
ONE Civic: SQIAIze, CA]<la. IN 46032 OFFICE 317571.2 Yl1 FAX 317571.2439
I].AILII. enginrcnngit eumel.in.t(
Project: Keystone Parkway
Parcel: 59
RIGHT OF ENTRY
This Right of Entry has been executed this '71hb1 day of a,/ L,
2008, by Mohawk Associates, LLC ("Grantor") and the City of Carmel, Indiana. an
Indiana municipal corporation ("Grantee").
RECITALS
WHEREAS, Grantor is the owner of certain real estate (the "Grantor Parcel")
located in the City of Carmel, Hamilton County, Indiana, which Grantor Parcel is more
particularly described on Exhibit A attached hereto and incorporated herein; and
WHEREAS, Grantee is involved in a project to construct Keystone Parkway in
the City of Carmel, Hamilton County, Indiana (the "Project"); and
WHEREAS, the Project affects a portion of the Grantor Parcel and Grantee needs
to acquire fee simple title to a portion of the Grantor Parcel which portion (the "Fee
Parcel") is more particularly described in Exhibit A attached hereto and incorporated
herein by this reference; and
WHEREAS, Grantor intends to execute a warranty deed (the "Deed") for the Fee
Parcel, but desires to enter into this Grant of Right of Entry to allow Grantee to start on
the Project until such time as the Deed is fully executed and recorded; and
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the
foregoing Recitals, all of which are incorporated herein and the following mutual
covenants and other good and valuable consideration, the receipt and sufficiency of
which the parties hereby acknowledge, the parties agree as follows:
1. Grant. Grantee shall temporarily forego the exercise of its right of eminent
domain with respect to the Fee Parcel because the parties believe that they
will mutually benefit by an extended time period within which to resolve
issues and continue negotiations. Grantor hereby grants and provides to
Grantee, its agents, contractors, subcontractors and employees the right to use
the Fee Parcel for any lawful purpose related to the Project including, but not
limited to. surveying. testing, moving dirt or ground, removal of dirt or
ground, landscaping, constructing the roadway and any other lawful purpose
in connection with the Project as would be permitted if the right-of-way had
actually been obtained.
2. Termination By Conveyance. Except as provided in Section 3 below, this
Right of Entry shall be irrevocable until such time as the Deed is recorded in
the Office of Recorder of Hamilton County. Indiana at which time this Right
of Entry shall terminate.
3. Termination by Order. Neither party hereto waives any of their rights with
respect to the Fee Parcel in the event negotiations fail and it becomes
necessary for Grantee to institute eminent domain proceedings via the filing of
a condemnation complaint. In such event, however, this Right of entry shall
nevertheless be irrevocable until such time as an Order of Appropriation is
issued by the applicable Court having jurisdiction regarding eminent domain
matters and such Order is recorded in the Office of Recorder of Hamilton
County, Indiana.
4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the
lawful owner of the Grantor Parcel and that there is no encumbrance or other
restriction upon Grantor providing this "Right of Entry" to Grantee.
5. Indemnification. Grantee shall indemnify, defend and save Grantor harmless
from any and all liability. loss, damage, cost, obligation and expense which
arises out of or results from any negligent act, whether of commission or
omission. of Grantee, its agents, employees, contractors, subcontractors,
licensees or others claiming by, through or under Grantee, occurring in or
about the Fee Parcel whether in the exercise of Grantee's rights hereunder or
in breach or excess thereof.
IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant
of Right of Entry as of the day first above written.
GRANTOR:
Mohawk Associates, LLC
`( c N AM CRs
GRANTEE:
The City of Carmel, Indiana
By: gg�—ele
Signature
STATE OF INDIANA )
) SS:
COUNTY OF m(U(Ilm )
Before me, a Notary Public in and for said County and State; personally appeared
Mohawk Associates, LLC, By: Srradley ¶ . (,Ine'S •
who acknowledged the execution of the foregoing Grant of Right of Entry and who
having been duly sworn acknowledged that any representations set forth therein are true
and correct.
Witness my hand and Notary Seal this
My Commission Expires:
11Ane \Zd 12,-
County
v
County of Residence:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
R- h day of mouth . 2008.
INotEry Public
V
3-ilin vt;i Sa-►entinn c
Printed
Before me. a Notary Public in and for said County and State; personally appeared,
the SC', a-,,,f.e.//G',,y ✓ 7.47.4o42-7- of the City of Carmel, who acknowledged
the execution of the foregoing Right of Entry and who having been duly sworn
acknowledged that any representations set forth therein are true and correct.
Witness my hand and Notary Seal this % day of l(/ n.. -f , 2008.
My Commission Expires:
a2 ,
County of esidence:
SZL
Not ry Pu lic
tYooly 4_ S74 A% r
Printed
This instrument was prepared by . Attorney at
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.
After recording, return to:
59.ROE.wpd/RAH
EXHIBIT "A"
Project: 07-08
Parcel 59
Sheet I of 1
Pee Simple
A part of the Northeast Quarter of Section 3 1 Township 18 North, Range 4 East, Hamilton County,
Indiana, and being that part of the grantor's land hying 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 -Wap, 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 12611i 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 I degree 07 minutes 05
seconds West and a length of 154.55 feet to Point "366" designated on said plat; thence North 15
degrees 28 minutes 15 seconds West 98.68 feet to Point "367" designated on said plat; thence North
52 degrees 05 minutes 13 seconds West 193.72 feet to Point "368" designated on said plat; thence
North 89 degrees 51 minutes 05 seconds West 407.81 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 0.346 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 29`x' clay of January, 2008.
PtqsrtsrERE 'fir' e--
'20500000
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared For The City of Carmel
by: AMERICAN
Mohawk Rd / 126th St
co
co
0
147.35'
25.56
134.36'
STRUCTUREPOINT
INC.
SHEET 1 OF 3
0 200' 400'
SCALE: 1"=400'
42+00 . 45+00 16 14' 54 27' 49+00
011.1 T fe 5-7-E •' / 200.00
'608 8250
114.88' See Detail"A'
Sheet 2 of 3
116.92'
n
r
e
0
M
WATER LINE EASEMENT IN FAVOR OF
THE TOWN OF CARMEL
DEED RECORD 232, PAGE 218 %
r
cO
547.78
545+00
540+00
535+00
Residue "A"
530+00
67.15'
122.33
85.04
43.25'
1795.31
525+00
200.42'
157.45'
HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
Mohawk Associates, LLC
59
07-08
Keystone Parkway
Hamilton
31
18 NORTH
4 EAST
DRAWN BY: JEM
CHECKED BY: TLM
INSTRUMENT NUMBER 200600032874, DATED JUNE 7, 2006
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
STRUCTUREPOGNT
1 N
SHEET 2 OF 3
0
50'
100'
SCALE
00'
Mohawk Rd / 126th St
53 45+00 48+00
Line 'S -7-E"353.27
t l
370
I
'
1SQ16.14
Z2. 200.00' 16.08'
DJC5
11488 500.10' &
368
/
Residue "A" 0
366
Detail "A"
( //, HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP
RANGE:
Mohawk Associates, LLC
59
07-08
Keystone Parkway
Hamilton
31
18 NORTH
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 IThe City of Carmel
by: AMERICAN
STRUCTUREPOINT
1 NC
POINT REFERENCE CHART (Feet)
SHEET 3 OF 3
Point
North
East
Station
Offset
C
43
49
53
See Location Control Route Survey Plat
54
57
366
25867.3397
13932.4918
+PL(545+89.95)
R/W(86.75') Lt.
E
367
25962.4444
13906.1688
546+85
115' Lt.
E
368
26081.4793
13753.3334
47+30
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
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")
'/21 /Z
Tracy L. McGill
Reg. Land Surveyor No
State of Indiana
Date
LS20500009
",U\767fiaililif;ll/ryL p'"
G$ L. Mc:
No. ':.
Y :20500009:
{b, STATE OF ; n e'
ikunimminoto
C
NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
2
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
AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN20030661
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY)
Sheet 1 of 1
By: J. Main
Date: 1/26/2008
AREA COMPUTATIONS
Chk'd.Bv
PAR.: 59
PROJECT: 07-08
CODE
Date
TITLE AREAS
Instrument Number 200600032874 = 73.843
AC.
AC.
AC.
EXCEPTIONS
=
AC.
AC.
AC.
AC.
AC.
SUBTOTALS AREAS =
LESS TOTAL EXCEPTIONS =
TOTAL AREA =
73.843
TOTAL EXCEPTIONS =
73.843
EXISTING R/W -- CALCULATIONS
TOTAL R/W EXISTING =
PARCEL FEE SIMPLE AREAS
AC.
AC.
AC.
TOTAL AREA =
R/W EXISTING =
NET TOTAL AREA =
TOTAL F.S. AREA =
TOTAL P.E. AREA =
TOTAL RESIDUE AREA =
RESIDUE "A" =
RESIDUE "B" =
RESIDUE "C" =
RESIDUE "D" =
RESIDUE "E" =
73.843
59
0.346
73.843
0.346
F.S.=
PARCEL EXCESS
0.346
LAND AREAS
73.497
73.497
E.L.=
F.S+E.L.=TOTAL F.S.=
0.346
PARCEL PERM. ESM'T AREAS
TOTAL P.E.=
PARCEL TEMP. R/W AREAS
Parcel 59 Closures.txt
Parcel name: 59 fee
North: 26086.1193
Line Course: S 38-50-15 E
North: 26021.8578
Curve Length: 154.4891
Delta: 0-27-57
Chord: 154.4891
Course In: N 89-06-54
RP North: 26315.3478
End North: 25867.3985
Line Course: N 15-28-15 W
North: 25962.5033
Line Course: N 52-05-13 w
North: 26081.5383
Line Course: N 89-51-05 W
North: 26082.5960
Line Course: N 82-42-40 E
North: 26087.4749
Line Course: 5 89-51-05 E
North: 26086.1777
East : 13883.7702
Length: 82.5000
East :
Radius:
Tangent:
Course:
w Course Out:
East :
East :
98.6803
East : 13906.1703
193.7214
East : 13753.3349
407.8069
East : 13345.5294
38.4548
East : 13383.6734
500.1000
East : 13883.7718
Length:
Length:
Length:
Length:
Length:
13935.5071
19001.5900
77.2744
S 01-07-05 w
5 88-38-57 E
-5063.8162
13932.4930
Perimeter: 1475.8113 Area: 15.051 Sq Ft 0.346 Ac.
Mapcheck closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0584 Course: N 01-29-55 E
Error North: 0.05842 East : 0.00153
Precision 1: 25,269.7346
Parcel name: 59 Total Area
North: 26086.1193
Line Course: 5 38-50-15 E
North: 26021.8578
Curve Length: 154.4891
Delta: 0-27-57
Chord: 154.4891
Course In: N 89-06-54 w
RP North: 26315.3478
End North: 25867.3985
Curve Length: 1426.6982
Delta: 4-18-07
Chord: 1426.3432
Course In: N 88-38-57 W
RP North: 2.6315.3478
End North: 24443.6986
Line Course: 5 05-35-45 W
North: 23983.7012
Course: 5 10-32-57 W
North: 23835.6860
Course: 5 01-52-37 w
North: 23635.3735
Course: S 05-35-45 W
North: 23478.6738
Course: N 89-50-59 W
North: 23483.3826
Line
Line
Line
Line
East : 13883.7702
Length: 82.5000
East : 13935.5071
Radius: 19001.5900
Tangent: 77.2744
Course: 5 01-07-05
Course Out: 5 88-38-57
East : -5063.8162
East : 13932.4930
Radius: 19001.5900
Tangent: 713.6744
Course: 5 03-30-07
Course out: S 84-20-50
East : -5063.8162
East : 13845.3708
Length: 462.2000
East : 13800.3014
Length: 150.5600
East : 13772.7370
Length: 200.4200
East : 13766.1726
Length: 157.4500
East : 13750.8196
Length: 1795.3100
East : 11955.5158
Page 1
w
E
w
E
Lire
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Line
Course: N 00-03-40 w
North: 24664.0320
Course: S 89-49-47 E
North: 24662.4040
Course: 5 00-09-00 W
North: 24337.1951
course: S 59-39-58 E
North: 24202.5318
Course: 5 18-26-33 E
North: 24138.8305
Course: N 77-24-20 E
North: 24165.5044
Course: N 67-48-41 E
North: 24215.7440
Course: S 15-37-43 E
North: 24133.8481
Course: S 20-54-18 w
North: 23889.4310
course: S 11-43-43 W
North: 23562.6982
Course: 5 15-36-21 w
North: 23521.0426
course: 5 89-50-59 E
North: 23520.6016
Course: N 82-00-44 E
North: 23525.5098
Course: N 00-14-55 w
North: 23623.3888
Course: N 23-19-51 E
North: 23933.2926
Course: N 17-08-24 E
North: 24310.5108
Course: N 00-01-56 E
North: 24487.5808
course: 5 80-16-07 w
North: 24448.6229
Course: N 15-40-12 w
North: 25014.4704
Course: N 10-04-48 w
North: 25337.5453
Course: N 61-31-30 W
North: 25382.0666
Course: N 12-38-44 W
North: 25679.4243
Course: N 29-51-13 E
North: 25763.7605
Course: N 65-52-13 w
North: 25818.6874
course: N 15-35-27 E
North: 25843.3070
course: N 65-50-17 W
North: 25891.1643
Course: N 21-10-22 E
North: 26028.5675
course: S 68-49-38 E
North: 25828.6091
Course: N 26-54-05 E
North: 26009.9135
Course: N 50-31-05 E
North: 26072.8802
Course: N 82-42-40 E
North: 26082.5764
Course: N 82-42-40 E
Parcel 59 Closures.txt
Length: 1180.6500
East : 11954.2565
Length: 547.7800
East : 12502.0341
Length: 325.2100
East : 12501.182.7
Length: 266.6400
East : 12731.3189
Length: 67.1500
East : 12752.5620
Length: 122.3300
East : 12871.9485
Length: 133.0300
East : 12995.1.270
Length: 85.0400
East : 13018.0369
Length: 261.6400
East : 12924.6786
Length: 333.7000
East : 12856.8453
Length: 43.2500
East : 12845.2103
Length: 168.1200
East : 13013.3297
Length: 35.3200
East : 13048.3070
Length: 97.8800
East : 13047.8823
Length: 337.5000
East : 13181.5457
Length: 394.7500
East : 13297.8815
Length: 177.0700
East : 13297.9811
Length: 230.4800
East : 13070.8175
Length: 587.6900
East : 12912.0845
Length: 328.1400
East : 12854.6525
Length: 93.3800
East : 12772.5691
Length: 304.7500
East : 12705.8535
Length: 97.2400
East : 12754.2582
Length: 134.3600
East : 12631.6383
Length: 25.5600
East : 12638.5079
Length: 116.9200
East : 12531.8310
Length: 147.3500
East : 12585.0511
Length: 553.6231
East : 13101.3022
Length: 203.3047
East : 13193.2887
Length: 99.0300
East : 13269.7225
Length: 76.4252
East : 13345.5301
Length: 38.4548
Page 2
North: 26087.4553
Line Course: s 89-51-05 E
North: 26086.1582
Perimeter: 12543.5339
Mapcheck Closure - (Uses li
Error Closure: 0.0389
Error North: 0.03884
Precision 1: 322,454.8869
Parcel 59 Closures.txt
East : 13383.6742
Length: 500.1000
East : 13883.7725
Area: 3.216,612 sq Ft 73.843 Ac.
seed courses, radii, and deltas)
Course: N 03-19-11 E
East : 0.00225
Page 3
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.
Nancy E. Hermann
Enclosures
Project: 01-o8 } Keys -\-one Parkway ;Parcel: 59
County: {-}p,vytaN-DY\ ; Code:
Postal
Cgn u lila))
MAILTM
RECEIPT
(Domestic Mall Only No tflCoverace.Prickled)
FopdelNeryrinformatlon visit_ourswebsrty�etiwww.ue s.cotnc,
INDIANAFQLIS .iN 6282 , :\
Postage
Certified Fee
Retum Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
1.
3..0
N
x2.: -i
$0.00
$7.37
Mohawk Associates, LLC
c/o ICE MILLER LLP
Attn: Matt DeLaruelle
One American Square, Suite 2900
Indianapolis, IN 46282
-o
c
7
or.lnstructions.
SENDERt COMPLETEtTHIS SECTION `%i'
u Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
a 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 mailpiece,
or on the front if space permits.
4
1. Article Addressed to:
Mohawk Associates, LLC
c/o ICE MILLER LLP
Attn: Matt DeLaruelle
One American Square, Suite 2900
Indianapolis, IN 46282
COMPLETE?HIS SECTION ON DELIVERY !
A. Swnature
X
r-
0 Agent
0 Addressee
B.'Receive a by (rinted Name) y C. Daf�/ of (very
to ke'l.h �� I t'rtc ut ekl,
D. Is deli ery address different from item 1? 0 Yes
if YES, enter delivery address below: 0 No
3. Service Type
0 Certified Mall
0 Registered
0 Insured Mail
0 Express Mall
0 Return Receipt for Merchandise
0 C.O.D.
4. Restricted Delivery? (Extra Fee)
0 Yes
2. Article Number
(Transfer from service labep
7012 2920 0001 6693 8325
P5 Form 3811, February 2004
Domestic Return Receipt
102595-02-M71540
RWS
SOUTH,
INC.
F 5214 S. East St., Suite D-2, Indianapolis, IN 46227
s� 317.781.9723 • Fax 317.781.9727 • www.rwssouth.com
October 25, 2011
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. 126'h 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,
Nancy E. Hermann, Acquisition Specialist
MEMORANDUM
To:
From:
VS,
if
CzY ;F C MEL
LJAW'S 1 ItAINARI).:VI :N1Ott
City of Carmel
c/o Steve Engelking/Mike McBride
One Civic Square
Cannel, 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.
1'r!Nv r.r,Nr 1-Nt-,,aaanv.
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Scp. CA' o i 1N :16u3 Chris::3.77.S71.2,ri1 I4v.\ 3-17:1,11
Therefore, we request the City approve an offer of S81,975.00 to the Owner for the new right-of-
way.
THIS RECOMMENDATION APPROVED:
The City of Carmel
By:e
Printed Name: (T.C Lrti676L,,C.%/
Title: 125/72., 43.141 /4/
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 r7
day of
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
By: Mol#wk nom 6 21. ;is "knot:,
By: By:
, 201
(Signature) (Signature)
B,4' 8C4Mkcrs; Afar o{� mivi #et LLC
(Printed Name) (Printed Name)
NOTARY'S CERTIFICATE
STATE OFInCiLitt:�� )
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1M(,W
COUNTY OF I Il0Y1
Subscribed and sworn to before me this (JAI& day of v Y N,W L.h
My Commission Expires: v t (71 90o
My County of Residence is
YWXrI Qnn
4
201».
;x';ns JENNIFER LEIGH SALEMME
Marion County
My Commission Expires
June 17, 2020
(Printed) NOTARY PUBLIC
Prescribed by State Board of Accounts
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL . INDIANA
City Form No. 20; (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
1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services
itemized thereon for which charge is made were ordered and received except
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
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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 theft 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?
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. YES 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. YES 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 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
(X) Owner
( ) Weekly Summary
( ) Attorney
( ) Other (Specify)
cans
N cy E ermann
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.
cy
6 Aso lige
Nanermann 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. 103rd 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
(X) Owner
( ) Weekly Summary
( ) Attorney
( ) Other (Specify)
Page 1 of 1
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. 103rd 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
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. 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 1I7ncy ermann
Page 1 of 1
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. 103' 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 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. 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 "8", 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
(X) Owner
( ) Weekly Summary
( ) Attorney
() Other (Specify)
N ncy Merma n
fritgieK
Page 1 of 2
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.
dAMIalit f (7Z///l
N ncy E - rmann Date
Page 2 of 2
Page 2 PROJECT 07-08: Keystone Parkway PARCEL 59
HERE ISA BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
1. By law, the City of Carmel is required to make a good faith effort to purchase your property.
2. You do not have to accept this offer and the City of Carmel is not required to agree to your
demands.
3. However. if you do not accept this offer, and we cannot come to an agreement on the acquisition
of your property, the City has the right to file suit to condemn and acquire the property in the
county in which the real estate is located.
You have the right to seek advice of an attorney, real estate appraiser or any other person of
your choice on this matter.
5. You may object to the public purpose and necessity of this project.
6. If the City files suit to condemn and acquire your property, and the court grants its request to
condemn, the court will then appoint three appraisers who will make an independent appraisal of
the property to be acquired.
7. If we both agree with the court appraisers' report, then the matter is settled. However, if either of
us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to
decide what should be paid to you for the property condemned.
8. If the court appraisers' report is not accepted by either of us, then the City has the legal option of
depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is
made with the court, the City is legally entitled to immediate possession of the property. You
may, subject to the approval of the court, make withdrawals from the amount deposited with the
court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if
the final judgement awarded you is less than the withdrawal you have made from the amount
deposited, you will be required to pay back to the court the amount of the withdrawal in excess of
the amount of the final judgement.
Project: 01-07.1Fus1ane Park
Postal
CERTIFIED
(Domestic
MAIL,U
RECEIPT
Coverage
Provided)
For delive
information
otat
our website at
atI tiAFOL SiIG44A L U S IE
Postage
Certified Fee
Retum Receipt Fee
(Endorsement Required)
Postdated Delivery Fee
(Endorsement Required)
Total Postane & Feos
s $5.95
$2.85
$2.30
$0.00
$11,10
Mohawk Associates, LLC
c/o Buckingham Property Mgmt.
Attn: Angie Atkins
941 N. Meridian Street
Indianapolis, IN 46204
SENDER: COMPLETEiTHIS`SECTION
o Complete items 1, 2, and 3. Also complete
item 4 If Restdcted 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mohawk Associates, LLC
c/o Buckingham Property Mgmt.
Attn: Angie Atkins
941 N. Meridian Street
Indianapolis, IN 46204
0024
15 Postmark
Here
10/25/2011
; Parcel: 59
COMP! ET.E THIS ;SECTION,ONDELIVERY
..
A.
X
0 -Agent
0 Addressee
B. R
ived by ( Printed Name l / (C. D of Delivery
SYATfr�„"rr
D. Is delivery address diffeient from item 1? 0 Yesr>"'
If YES, enter delive€sddress belovr 00 NNo
eC
3. Service Type
❑
Certified Mail
0 Registered
❑ Insured Mall
0 Express Mail
❑ Retum Receipt for Merchandise
0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number.
(Transfer from service lobe°
7010 2780 0001 2899;0688
PS Form 3811, February 2004
Domestic Return Receipt
102595-02-M-1540
Page 3 PROJECT 07-08: Keystone Parkway PARCEL 59
9. The trial will decide the full amount of damage you are to receive. Both of us will be entitled to
present legal evidence supporting our opinions of the fair market value of the property. The
court's decision may be more or less than this offer. You may employ, at your cost, appraisers
and attorneys to represent you at this time or at any time during the course of the proceeding
described in the notice.
12. If you have any questions concerning this matter, you may contact me at:
RWS South, Inc.
Attn: Nancy E. Hermann
5214 South East Street, Suite D-2
Indianapolis, IN 46227
317-781-9723
1-877-781-9723 (toll free)
This offer was made to owner(s): "Via Certified Mail" No. 7010 2780 0001 2899 0688
Mohawk Associates, LLC, an Indiana limited liability company
Attn: Angie Atkins of Marion County, Indiana made on Loth L) 02(2 , ,c20//
BY
MotaA4 ..(,041(,t/U/ti✓
Nancy E'Hermann, Acquisition Specialist
Agent of : City of Carmel