116th/Springmill - Billy Creek AssociatesDULY ENTERED FOR TAXATION 3
Subject to final acceptance for transfer
• 2 day of Monti ,20Q3
�p(L;ti l Lv Auditor of Hamilton County
Parcel # RI w—
Cross-reference: Instrument #
200500013335
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
03-02-2005 At 03:06 em.
WARR DEED 22.00
Project: 116" Street and Spring Mill Road
Parcel: I
WARRANTY DEED
sz t 000 .0 0
This Indenture Witnesseth, That Billy Creek Associate an Indiana Limited Partnership (Grantor),
tate of Indiana for and in consideration of
lee Thousand nicefluittl.ei and no/100----(539;?St ), the receipt whereof is hereby
b'" C� acknowledged, the following described Real Estate in Hamilton County, in the State of Indiana, to wit:
Convey and Warrant to the CITY OF CARMEL (Grantee) in tl
F i cfy-two
See attached Exhibits "A" & "13"
The undersigned persons executing this deed represent and certify on behalf of the Grantor, that he/she is the
(Title)
of the Grantor and has been fully empowered by the Grantor, to execute and deliver this deed and all such
instruments of transfer; that the Grantor is a partnership in good standing in the State of its origin and, where
required, in the State where the subject real estate is situate; that the Grantor has full capacity to convey the
real estate described; and that all necessary action for the making of this conveyance has been duly taken.
Land and improvements S_4 8 , 000.00 Damages $ 4 , 000 .,QBtal consideration S 5 2 , 000.00
The grantor shall clear and convey free of all leases, licenses, or other interest both legal and equitable, and all
encumbrances of any kind or character on, in and under said land as conveyed. It is understood between the
parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all
lands hereinbefore described (excepting any parcels specifically designated as easements or as temporary right
of way) are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights
whatsoever are intended to remain in the grantor(s).
In Witness Whereof, the said Grantor(s) hahereunto set hand_ and seal_ this day
of January 7005.
BILLY CREEK ASSOCIATES, AN INDIANA LIMITED PARTNERSHIP
By: v1".. /-5 ` r4
0*0 ,c• ece..u..
, P6 A)
C17
$y t (a(a i\ ye Lara
4 t canoe F- 'lei oor.-1004. \kct
Date
/'ti0.)�
0
STATE OF INDIANA
SS:
COUNTY OF Hamilton
ore me, the undersigned, a Notary Public in and for said County and State, this ��Z $ day of
2005 personally appeared the within named ue..-�re•a.
Jia .� and acknowledged the same to be
voluntary act and deed, for the uses and purposes herein mentioned.
I have hereunto subscribed niy name and affixed my official seal,
.
ature
-51414 0/3 z. • W,4e.E b1*U4
Printed
County,pf.Residence:
My coriiriussi.gn expires: 4f/ `/iu t
This instrument prepared by: Michael S. Walsh, attorney at law, 11350 N.
Meridian St., Suite 420, Carmel, TN 46032, 317-575-5700.
EXHIBIT "A"
Project Illinois Street
Parcell Fee
Sheet 1 of 1
A part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, Hamilton
County, Indiana, and being that part of the grantor's land lying within the right-of-way lines
depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B" described as follows:
Beginning at the southeast corner of said Southeast Quarter; thence South 89 degrees 17
minutes 10 seconds West 293.10 feet along the south line of said Southeast Quarter to point
designated "300" on said Plat; thence North 0 degrees 42 minutes 50 seconds West 35.85 feet
to point designated "301" on said Plat; thence North 87 degrees 06 minutes 18 seconds East
145.03 feet to point designated "302" on said Plat; thence North 61 degrees 26 minutes 45
seconds East 116.86 feet to point designated "303" on said Plat; thence North 6 degrees 49
minutes 30 seconds East 134.90 feet to point designated "304" on said Plat; thence North 90
degrees 00 minutes 00 seconds East 30.00 feet to point designated "305" on said Plat, said
point being on the east line of said Southeast Quarter; thence South 0 degrees 00 minutes 00
seconds East 229.32 feet along said east line to the point of beginning and containing 0.534
acres, more or less, inclusive of the presently existing right-of-way which contains 0.191
acres, more or less, for a net additional taking of 0.343 acres, more or Less.
This description was prepared for the City of Carmel by Michael L. Bishop, Indiana
Registered Land Surveyor, License Number 50511, on the 4Lh day of May, 2004.
EXHIBIT ;;13„
100 200' RIGHT-OF-WAY PARCEL PLAT
Prepared For City of Carmel
By American Consulting, Inc.
SCALE' 1"•200'
629.3'
TOTAL AREA = 22.439 Ac.
EXISTING R/W = 0.699 Ac.
NET TOTAL AREA = 21.740 Ac.
PARCEL 1 AREA = 0.534 Ac.
EXISTING R/W = 0.191 Ac.
NET PARCEL 1 AREA = 0.343 Ac.
I L .
RES, "A" = 21,397 Ar,.
191.40'
SW Corner E 1/2 SE 1/4
Section 34, T -18-N, R -3-E
SHEET 1 OF 2
P.O.T. 464+55.63 "5-1-B"
440'
EXISTING R/W
460+00
455+00
P.O.T. 328+06.43 "8"
P.I. 449+57.63 "S-1-8"=
450+00
440'
11611) Street
P.O.T. 323+00.00"B"
P.O.T. 100+00.00 "C"=
P.O.T. 449+56.20 "S-1-8"
HATCHED AREA IS THE APPROXIMATE TAKING
OWNER: BILLY CREEK ASSOCIATES
PARCEL: 1
CODE:
PROJECT:
ROAD: ILLINOIS STREET
COUNTY: HAMILTON
SECTION: 34
TOWNSHIP: 18 NORTH
RANGE: 3 EAST
DRAWN BY:
CHECKED BY: MLB
DES. NO.:
EXECUTOR'S DEED - INSTR. No. 9222718 DATED MAY 18, 1992
THIS PLAT HAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY,
RIGHT-OF-WAY PARCEL PLAT
Prepared For City of Carmel
By American Consulting, Inc.
POINT REFERENCE CHART (Feet)
POINT
NORTH
EAST
STATION
OFFSET
LINE
224
5001.3993
5000.3149
P.I. 449+57.63
5-1-6
225
6497.9964
5000.2672
P.O.T. 464+55.63
5-1-6
226
,4994.1390
4491.9295
P.O.T. 323+00.00
8
300
4996.3476
4706.9198
325+15.00
R
8
301
5032.1939
4706.4730
325+15.06
35.00 LT
B
302
5039.5192
4851.3222
326+60.00
40.26 LT
8
303
5095.3779
4953.9691
450+51.61
46.34 LT
5-1-8
304
5229.3200
4970.0000
451+85.55
30.31 LT
S-1-8
305
5229.3200
5000.0000
451+85.55
R
5-1-8
917
.4998.5100
4882.5098
921
5000.0000
5000.0000
922
4965.6928
2294.4343
926
7631.5500
4999.9994
Stations and Offsets are to Control
Over North and East Coordinates
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the "Location Control
Route Survey" recorded os Instrument No. 200X-XXXXXXX in the Office of the Recorder
of Homilton County, Indiana, incorporated and made o part hereof by reference, comprise
a Route Survey executed in accordance with Indiono Administrative Code 865 IAC 1-12
("Rule 12").
Michael L. Bishop
Registered Land Surveyor No. S0511
State of Indiono
C
OWNER: BILLY CREEK ASSOCIATES
PARCEL: 1
CODE:
PROJECT:
ROAD: ILLINOIS STREET
COUNTY: HAMILTON
SECTION: 34
TOWNSHIP: 18 NORTH
RANGE: 3 EAST
DRAWN BY:
CHECKED BY: MLB
DES. NO.:
�WO
200500013334
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
03-02-2005 At 03:06 am.
GENERAL DURABLE POWER OF ATTORNEY Pow of ATTY 19.00
I, Otto N. Frenzel III, of Boone County, Indiana, being at least 18 years of age and
mentally competent, do hereby designate Brian J. Brunner of Hamilton County, Indiana,
("Attorney -in -Fact").
POWERS: The above named Attorney -in -Fact shall have the following powers to be
used on my behalf:
Real Property. Power to conduct any real property transactions pursuant to any
power included in Ind. Code §30-5-5-2, as amended, all of which powers are incorporated
herein by reference, including, but not limited to, the following:
to purchase, sell, mortgage, convey and lease any interest in real estate, wherever
located, of which I may be owner now or hereafter (if this provision is applicable, this
instrument must be recorded).
Tangible Personal Property. Power with respect to any tangible personal property
transactions pursuant to any power included in Ind. Code §30-5-5-3, as amended, all of
which powers are incorporated herein by reference, including, but not limited to, the
following:
to bargain for, contract concerning, buy, sell, encumber and in any way and manner,
deal with personal property of any kind or nature and to apply or make use of my
property for my support and the support of those persons to whom I owe an obligation
or support; and
to execute instruments to effect the transfer of title to any motor vehicle owned by me.
0 Bonds Commodities, and Shares. Power with respect to bonds, commodities,
shares and all other intangibles, pursuant to Ind. Code §30-5-5-4, as amended, all of which
powers are incorporated herein by reference, including, but not limited to, the following:
to make and execute any and all contracts; to purchase, sell, dispose of, assign and
pledge notes, stocks, bonds and securities, and to exercise such voting rights as my
ownership of any notes, stocks, bonds and securities may entitle me, either in person
or by proxy;
to sell, purchase, dispose of, assign and pledge any United States Savings Bonds
and United States Treasury Securities in which I may have interest.
Notwithstanding any other provisions contained in this General Durable Power of Attorney,
the powers under this General Durable Power of Attorney shall exclude any power to
o
purchase commodities, any power to sell short or initiate a margin transaction and any
power to purchase put or call options.
Banking. Power to conduct any banking transactions pursuant to any power included
in Ind. Code §30-5-5-5, as amended, all of which powers are incorporated herein by
reference, including, but not limited to, the following:
to make, draw and endorse promissory notes, checks, drafts or bills.of exchange and
to waive demand, presentment, protest, notice of protest, and notice of non-payment
of all such instruments;
to receive and to demand all sums of money, debts, accounts, bequests, interests,
dividends and demands whatsoever,which are now or shall hereafter become due or
payable to me and to compromise, settle or discharge the same; and
to have access to any and all safe deposit boxes in my name and to open, inspect,
inventory, place items in or remove from, and close said safe deposit boxes.
Business. Power to conduct any business operating transactions pursuant to any
power included in Ind. Code §30-5-5-6, as amended, all of which powers are incorporated
herein by reference, including, but not limited to, the following:
to discharge and perform a duty or liability, exercise a right, a power, or an option
which I have or claim to have under a partnership agreement;
to enforce the terms of a partnership agreement for my protection; exercise in person
or by proxy or enforce by action any power I hold as the holder of capital stock in any
corporation, a member of any limited liability company, ora partner in any general,
limited or limited liability partnership;
to continue, modify, renegotiate; extend, and terminate contractual arrangements
made with a person, an entity, a firm, an association by or on my behalf; and
to determine the policy of business enterprises.
to participate in the creation of and transfer of my assets to a new business entity
on my behalf, including, but not limited to, a corporation, a partnership and a
limited liability company.
Insurance. Power to conduct any insurance transaction pursuant to any power
included in Ind. Code §30-5-5-7, as amended, all of which powers are incorporated
herein by reference, including, but not limited to, the following:
to maintain, purchase, surrender, acquire, assign, pledge, make claims under,
borrow against, partially or fully liquidate and generally deal in all forms of
insurance and claims, including Medicare and Medicaid, thereon.
However, the Attorney-in-fact shall not have power or control of any life insurance policy
that names the Attorney -in -Fact as an insured party and would give the Attorney -in -Fact
incidents of ownership of the life insurance policy pursuant to Internal Revenue Code of
1986, as amended ("Code"), Section 2042.
Records Reports and Statements. Power with respect to records, reports and
statements pursuant to any power included in Ind. Code §30-5-5-14, as amended, all of
which powers are incorporated herein by reference, including, but not limited to, the
following:
to consent for Federal gift tax purposes to gift -splitting with my spouse to treat
gifts made by me and my spouse as having been made one-half by each;
to represent me in all matters relating to taxation, whether by the Federal
government, the government of any State or any local government unit;
to receive, endorse or cash tax refund checks;
to give or receive any confidential information related to any tax matter from or to
all taxing authorities;
to consent to the election of S Corporation status for a corporation in which I own
stock;
to make, sign or file any records, reports, statements, documents, forms, claims
for refund, extensions to the statute of limitations, or tax returns, including, but
not limited to Forms 709, 1040, 1040X, IT -40, IT -40X and all related schedules
and forms; and
to execute on my behalf any specific power of attorney required or permitted by
any taxing authority which is needed to allow my Attorney -in -Fact or one (1) or
more designated representatives to act on my behalf before any taxing authority
on any tax return or other tax matter, including, but not limited to, Internal
Revenue Service Forms 2848 and 8821, Indiana Department of Revenue Form
48 (or any successors thereto), and such other forms as may be necessary to
carry out the purposes of this delegation of authority.
Retirement Accounts. Power to establish one or more "individual retirement
accounts" or other retirement plans or arrangements in my name. In connection with
any pension, profit sharing or stock bonus plan, individual retirement arrangement, Roth
3
4
IRA, Code Section 403(b) annuity or account, Code Section 457 plan or any other
retirement plan, arrangement or annuity in which I am a participant or of which I am a
beneficiary (whether established by my Attorney -in -Fact or otherwise), hereafter
referred to as "such Plan," my Attorney -in -Fact shall have the following powers, in
addition to all other applicable powers granted by this instrument:
to make contributions (including "rollover" contributions) or to cause contributions
to be made to such Plan with my funds or otherwise on my behalf;
to receive and to endorse checks or other distributions to me from such Plan or
to arrange for the direct deposit of the same in any account in my name or in the
name of my revocable living trust;
to elect a form of payment ofbenefits from such Plan, to withdraw benefits from
such Plan, to make contributions to such Plan and to make, exercise, waive or
consent to any and all elections and/or options that I may have regarding the
contributions to, investments or administration of, or distributions or form of
benefits under such Plan; and
to designate one or more beneficiaries or contingent beneficiaries for any
benefits payable under such Plan on account of my death and to change any
such prior designation of beneficiary made by me or by my Attorney -in -Fact;
provided, however, my Attorney -in -Fact shall have no power to designate my
Power -of -Attorney directly or indirectly as a beneficiary or contingent beneficiary
to receive a greater share or proportion of any such benefits than my Attorney -in -
Fact would have otherwise received unless such change is consented to by all
other beneficiaries who would have received the benefits but for the proposed
change. This limitation shall not apply, however, to any designation of my
Attorney -in -Fact as beneficiary in a fiduciary capacity, with no beneficial interest.
Gifts. Power to make gifts on my behalf in accordance with the gift provisions of
Ind. Code §30-5-5-9, as amended, all of which powers are incorporated herein by
reference, and the power to make such gifts on my behalf to my spouse and to each of
my children and grandchildren; provided, however, that gifts to any acting Attorney -in -
Fact and persons that such Attorney -in -Fact has a legal obligation to support shall not
exceed in any calendar year the available annual per -donee gift tax exclusion under
Federal gift tax law effective for the year of the gift (or twice the available exclusion
amount if my spouse or my spouse's representative has informed my Attorney -in -Fact
that my spouse will consent to gift -splitting for Federal gift tax purposes). Gifts to
designated persons may be made to such person directly, to or for their benefit, in trust,
or otherwise, including, but not limited to, a qualified educational institution described in
Code Section 2503(e)(2)(A), any provider of medical care or health insurance described
in Code Section 2503(e)(2)(B) or Code Section 213, and a custodian under a Uniform
Transfers to Minors Account.
4
0
Delegation. Power to delegate in writing to one (1) or more persons any or all of
the powers granted my Attorney -in -Fact under this General Durable Power of Attorney
pursuant to Ind. Code § 30-5-5-18, as amended.
Additional Powers. Power and authority with respect to beneficiary transactions,
fiduciary transactions, claims and litigation, family maintenance, benefits for military
service, estate transactions and all other matters pursuant to any power included in Ind.
Code §§30-5-5-8, 30-5-5-10, 30-5-5-11, 30-5-5-12, 30-5-5-13, 30-5-5-15 and 30-5-5-19,
as amended, all of which powers are incorporated herein by reference.
Transfers to Revocable Trust. Power to take any action necessary to complete a
transfer or conveyance to that certain revocable trust agreement created by me as
Settlor and National City Bank of Indiana of Indianapolis, Indiana, as Trustee, dated
August 20, 1986, and restated and amended thereafter by me, but this power and any
conveyance hereunder shall not affect the revocable nature of such trust.
and I hereby ratify and confirm all that my Attorney -in -Fact shall do by virtue hereof.
II. EFFECTIVE DATE: The appointment of my Attorney -in -Fact and thereafter my
alternates shall become effective upon my disability or incompetence. My disability or
incompetence, for this purpose, may be established by the written certificate of a
qualified physician stating that I am unable to manage my affairs.
III. TERMINATION: I hereby reserve the right of revocation; however, this Power
of Attorney shall continue in full force and effect until the earlier of (1) I have signed a
written instrument of revocation that identifies this Power of Attorney, but such
revocation shall not be effective unless my Attorney -in -Fact or other person has actual
knowledge of the revocation or (2) I have executed and recorded in the Recorder's
Office of the County of my domicile a written revocation hereof. I hereby revoke all prior
general durable powers of attorney executed by me.
IV. GUARDIANSHIP: in the event a judicial proceeding is brought to establish a
guardianship over my person or property, I hereby request that my above -designated
Attorney -in -Fact be appointed to serve as guardian.
V. FEES: My Attorney -in -Fact shall be entitled to a reasonable fee, pursuant to
Indiana law, for services provided hereunder. My Attorney -in -Fact shall be entitled to
reimbursement for expenses incurred on my behalf, including, but not limited to,
expenses to retain accountants, attorneys, appraisers, investment advisors, insurance
advisors and other professional advisors to prepare and defend accountings of my
Attorney -in -Fact while acting on my behalf which accountings may be required or
permitted under governing law or related to any other action undertaken by my
Attorney -in -Fact hereunder.
5
VI. INDEMNIFICATION: I agree to indemnify and hold harmless any person who, in
good faith, acts under this General Durable Power of Attorney or transacts business
with my Attorney -in -Fact in reliance upon this General Durable Power of Attorney,
unless that third party has actual knowledge of its revocation or a revocation has been
recorded in the Recorder's Office of the County of my domicile.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.this
30 day of June, 2003.
Otto N. Fre(zel III
STATE OF INDIANA
) SS:
COUNTY OF )
Before me, a Notary Public, in and for said County and State, personally
appeared Otto N. Frenzel III, who having been duly sworn under oath, acknowledged
execution of the foregoing and stated that the representations contained in the above
and foregoing General Durable Power of Attorney are true.
Witness my hand and Notarial Seal this 30 day of June, 2003.
1
•/..t
Notary Public
cn3 L. topfe 6 6F* n<
Signature (Printed)
My Commission Expires: County of Residence:
5// 4 /o q l'Irlawe.
This instrument prepared by Thomas P. Ewbank, Attorney at Law, Krieg DeVault, LLP,
One Indiana Square, Suite 2800, Indianapolis, Indiana 46204.
IM -327484_1. DOC(revd. 6/27/03)
6