Loading...
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. %i r c uta. 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:�� ) � � ) SS: 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 .L, L' CflD1?7 t 5 E( tATOrj •tCCW:5I OP Irt P1! 11 COPVIN 71112 CITY OF CARMEL. INDIANA ONE CIVIC SO'JAHE CARMEL. INOIAN4 '6OJ7 s:,'via hr IDa5 0414 IVO44"M.Ii M141aF1 GENERAL ACCOUNT PAY THE Still OF EIGHTY ONE TROUSAND. NINE; HUNDRED SEVENTY FIVE DOLLARS & ZERO CENTS TO }SOHAWK ASSOCIATES LL: TRE C/O ROCKINGHA.M ?EOPERT! MCT OROE9 OF 342 N MERICIAN 5: INDL.4VAPMTE IN 4E2' 4 R'23204 LI' 1:0749085941: 999..93427R' 71 EFS 749 CHECK NO. 232041 DATE 04;30114 A YO'JNT $""81,975.00• M$ NO LU.i R V:I:'n01i RF Ai: 4110 OECI VGIP 11 CA :t4T:.0 ".r 45(41 4 5/8/2014 2320411 $81,975.00 ,.i.rdrr e se . X_.Ir,f ✓/// ,//�ri ,' t. Ij!'... / f1. . / * ,✓4 'ate v', %. 0', �/ /J. •/ o y k a � . 51 a 4 S7 lx -a i s ' T . • ii gR4g1 T i di 3Eys�a atI 1 3'}-i _ r ? f � i T 14 TSgc$ �. .HM" ] S !€ lei's 1 X21§6 ° I`1 •_ a� 3•f 5 3 t 1 § � 3 Q 9 3 EE #• HY { ® E. ' ' o f: igg, I� 1 1 -. 1! i t.://* /it •{� .. f' a," e.J•.4 fi',"tJ`/rrs, 4y rE, Ig.l(�' F('` ' f:r �. r % if ddr a d ' SCS i2 / J .jr�/ ,r i' j'/ e >`j r'r l F✓ , �/ y�031t00Q53k ,a a'� J i 1 , !, ill+S (1.4' / + Datf 615108 14 % 47. rf tel fr �1`I 'r t / iI ,•yr , eide ♦ I r r/° .F // aG".✓.: ttrA J/r //J/s' ♦ ,ti J� � .i';T E4. �'. r r / i l f + � � ' r2 -./ ! `i 1 • /i ., 1 fF' 4"J:;.d �r- /. !f i}./ r• !/'i9+"/rr',r,�,sf///11,� .45. '- r� r'' ii.i?r '',,Y !/ r '/r f/,./Hfra~/'e t `rrr/. 'r tT' t *1,', J/r f/1 r +, 1 .1 ./// / !'/ %rt« Jifi 3¢f'//,r /i•fi A:, r_y.1•rr iJ'is . fjPJdre r,'//,+Jsfr��/if3s j ij ryl•�(f•/, r/., il`i ;//tv 2/,r• '. Ft dA� r Liz/. a' aft 00 NOT WRITE. SIGN OR STAMP BELOW TIIIS LINE r j .n 2 • F'' C • �Iw1 -4:4:-.7i 5 i �1r E C LO .7., ,. srlI > xl}: ( I. , t 4. .e 1. --LU I; 'S': e c /73' .i .+ a' .. .A. ,, .frf . _ J .tt /. / •/ r,/'/f/2,.J.r .: T cr.I. 5/8/2014 232041 $81,975.00 CITY OF CARMEL BUYER'S REPORT (4) PROJECT 07-08; Keystone Parkway PARCEL 59 COUNTY Hamilton CODE N/A NAME & ADDRESS OF OWNER Mohawk Associates LLC 250 W. 103rd Street, Indianapolis, IN 46290 PHONE 317.554.6725 NAME & ADDRESS OF PERSON CONTACTED Zeff Weiss & Matt DeLaruelle, ICE Miller, LLP One American Square, Suite 2900, Indianapolis, IN 46282 PHONE 317.236.2319 (List other interested parties on reverse side including nature of 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