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Closing Documents Illinois Street - Regan Property Settlement and Coorespondences12/20/2005 16:19 3178443777 KELLCO ENGINEERING Regan Investments Inc. 437B Gradle Dr. Carmel, Ind. 46032 317-574-9777 317-844.3777 Fax 317-2,39--4504 Cell FKReganaaol.com "Your at the head of the stretch" To: Sandy Johnson Asset Manager Date: December 20, 2005 City of Carmel Dear Sandy: PAGE 01 Thanks very much for taking the time to spend with me this morning. Diana and you actually listened to me and that's something that I haven't been getting lately. That was a very interesting conversation and I thoroughly enjoyed it. Attached is a copy of all of the documents on the land the city proposed to buy for the roundabout at 136th St. and Oakridge R.d... SWThese documents were signed on Sept. 8, 2005 and hand delivered to Allen Mcfearin on Sept 15, 2005 here in my office. This was done so he could expedite the process of getting my check. Obviously, that didn't work. Also, as you can see the city had 90 days to pay me from Sept. 8, 2005. I hate to say it, but the city is currently in default. Thank you very much for your help and finally I know that we are on the right track. Please call me if you have any questions. Best regards, Frank 0 0 12/20/2005 16:19 3178443777 Associated Right of Way Services, Inc. KELLCO ENGINEERING PAGE 02 August 16, 2005 Frank K. Regan 437B Gradle Drive Carmel, IN 46032 RE: Project: Parcel: Owner: 136th Street at Oak Ridge Drive 4 Frank K. Regan Dear Mr. Regan: The City of Carmel has developed plans for a public improvement project in the vicinity of 136th Street at Oak Ridge Drive. The proposed project will include a roundabout at this intersection. In order to construct this much needed public improvement, it will be necessary for the City of Carmel to acquire a portion of your property. The proposed fee simple acquisition, identified as parcel 4, an irregular shaped parcel lying on the south side of 136th Street and containing 0.67 acres. The proposed fee simple acquisition area is colored red on the attached project plan sheet. There are no building improvements located within the proposed acquisition area. The City of Carmel is making one offer to all parties of interest in the property. All property taxes are to be current. The City's offer for the proposed fee simple acquisition of 0.67 acres is $523,000.00. This offer is supported by the Statement of the Basis for Just Compensation, which is being provided to you. If there is a difference of opinion as to the value established, you may, at your own expense, secure a private appraisal, which may be submitted to the City for review and possible consideration. You have twenty-five (25) days to consider the City's offer.' This offer may he accepted now or at any time during this period. The City of Carmel requests that if you feel that additional consideration time is needed, that you grant right of entry to the City so that this project not be delayed. The Right of Entry would allow additional time for the patties to resolve questions, complete negotiations, and possibly avoid condemnation. The Right of Entry would be accepted 2312 N. Arlington Avenue, Suite 209 Indiangpelta, rnei Ana 16919 (922) 342-0499: F2x (34) 322-4589 12/20/2005 16:19 3178443777 KELLCO ENGINEERING with the understanding that neither party is waiving any of their rights should negotiations fail. PAGE 03 Our title records indicate that the property is subject to the following mortgage and assignment of rents of record: 1. Mortgage to Old National Bank in the principal amount of $2,500,000.00, dated August 6, 2004 and recorded September 9, 2004 as Instrument Number 2004400063411 2. Assignment of Rents and leases dated August 6, 2004 and recorded September 9, 2004 as Instrument Number 200400063412 It will be necessary to obtain either partial releases or satisfactions for each of these and any other similar encumbrances that may be on the property. Lending institutions often require payment of at least a portion of the proceeds to provide these instruments. The offer is being made to Frank K. Regan. Provided are the following items: The Uniform Land Acquisition Offer Statement of the Basis ofJust Compensation Acceptance of Offer Sales Disclosure Form W-9 Form Plat and Legal Description Dedication & Deed of Public Rights -of -Way As part of a related matter, but not part of the Uniform Pmperty Acquisition Offer, a Dedication & Deed of Public Rights -of -Way is provided for the dedication of additional right of way along 136th Street. It is my understanding that this dedication was part of the settlement agreement related to Cause No. 29D02 -0103 -CP -134. Should you have any questions regarding this proposed project or the City's offer, or would like to schedule an appointment, please contact me at 317-322-0489 or through my email address: amcfearin@arows.biz. Sincerely, Allen D. McFearin Administrator 12/20/2005 16:19 3178443777 CI KELLCO ENGINEERING , : w ;n7 n III " M.W JAMES BRAINARD, MAYOR UNIFORM PROPERTY ACQUISITION OFFER TO: Frank K. Regan 437B Cradle Drive Carmel, Indiana 46032 PAGE 04 DATE: August 16, 2005 PROJECT: 136th Street at Oakridge Road PARCEL: 4 PROPERTY LOCATED AT: 136th Street and Oakridge Road FEE SIMPLE PARTIAL: 0,67 acres. The City of Carmel, Indiana (the "City") is authorized by Indiana law to obtain your property for certain public purposes. The City needs your property for the public improvement project in the vicinity of 136th Street and Oak Ridge Drive and needs to take the land as described on the attached land plat and legal description. See Exhibit A, which is attached hereto and incorporated herein by reference. It is our opinion that the fair market value of the property the City wants to acquire from you is Five Hundred Twenty Three Thousand, ($523,000.00), and, therefore, the City offers you Five Hundred Twenty Three Thousand, ($523,000.00), for the above-described property. You have twenty-five (25) 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 appropriate instruments, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required thirty (30) days after you have received your payment in full. CAmocumenu end Settings1A11eaWly Dacumcnt,\Carmel 136th -Oak Ridge Regan LILA. doe DEPARTMENT or ENGINEERING ONE Cmc SQUARE, CARMEL, IN 46032 Orr•Ica 317.571.2441 FAx 317.571.2439 £M.UL cngineeringCci.carmel.in.us 12/20/2005 16:19 3178443777 KELLCO ENGINEERING PAGE 05 This offer was made to the owner: Frank It. Regan Offer made by certified mail 7004 1160 0002 7220 7230( THE CITY OF CARMEL, INDIANA By: / - 41'7% C:\Documents and Scttinga\Allen\My Documents\CARMEL FORM ULkdoo Allen D. McFearin Administrator Associated Right of Way Services, Inc. Agent, City of Carmel, Indiana 12/20/2005 16:19 3178443777 KELLCO ENGINEERING PAGE 06 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City is required to make a good faith effort to purchase your property. 2. You do not have to accept this offer, 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. 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. S. You may object to the public purpose and necessity of this project. 6. If the City files a suit to condemn and acquire the your property, and the court grants its request to condemn, the court will then appoint three (3) appraisers who will snake an independent appraisal of the property to be acquired. 7. If we both agree on 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 judgment awarded you is less than the withdrawal you have made from the amount deposited, you will he required to pay back to the court the amount of the withdrawal in excess of the amount of the fmal judgment. 9. The trial will decide the full amount of damages 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 proceedings described in this notice. 10. If you have any questions concerning this matter, you may contact us at Associated Right of Way Services, Inc., 1311 North Arlington Avenue, Suite 1601, Indianapolis, Indiana 46219, 317-322- 0489 or 888-824-0489. Q\Dnnimenis and Sottings\A'Ica \My Dowments\CARMEI.. FORM ULA.doe 12/20/2005 16:19 3176443777 KELLCO ENGINEERING PAGE 07 If you decide to accept the offer of Five Hundred Twenty Three Thousand, ($523,000.00), made by the City, sign your name below and mail this forth to the address indicated above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER I, Frank K. Regan, landowner of the above-described property or interest in property, hereby accepts the offer of Five Hundred Twenty Three Thousand, ($523,000.00), made by the City of Carmel; Indiana on this day ofa frrp1 % , 2005. F Megan K. f'GQ NOTARY'S CERTIFICATE STATE OFA, ) COUNTY OFHtarlel I )SS: 4 Before me, a Notary Public in and for said County and State, personally appeared Frank A Regan, apd being duly swom upon his oath, acknowledged the above to be his voluntary act and deed, on _CC_ __ day of� 2005. Kimberly A. Comer Notary Pune Mardian Co.. IN My Comm. Expires April 18, 2009. (Notary's Sign Printed Name: L.t1:° I am a resident off County, State oftiet_�l` My Commission Expires:a ) ran C:\Dncumeots and Settinga\AI1en\My Dccumentl\CARMF]. FORM ULA.doc 12/20/2005 16:19 3178443777 KELLCD ENGINEERING PAGE 08 DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY THIS INDENTURE WITNESSETH; That Frank K. Regan (the "Grantor"), the fee simple owner of the following described real property ("Property") described in attached Exhibit, , incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title, and interest in the Property, to the City of Cannel, Indiana ("Grantee"), subject to all existing easements and rights-of-way of record, for the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This conveyance of real estate is not subject to Indiana gross income tax. IN WITNESS WHEREOF, Grantor has exccuted this Instrument on the day of -9‘ €1 s L h,2_, 2005. "GRANTOR" Frank K. Regan STATE OF INDIANA COUNTYOFCL�__� II } } Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and acknowledged executing the foregoing Dedication and Deed of Public Right -of -Way. Witness my hand and Notarial Seal this a day of 2 rn yP L _, 2005 Notary Public (pri d) MY COMMISSION EXPIRES: I' COUNTY OF RESIDENCE: 14 7 ini li t-tlk_ lambent A. Coma Notary Pubae. Hamilton Co,, IN My Comm. Dykes Apnl 14, 2099. Instrument prepared by: Douglas C. Nancy, Cannel City Attorney, One Civic Square, Carmel, Indiana 46032. 12/20/2005 16:19 3178443777 KELLCO ENGINEERING PAGE 09 INDIANA PARTIAL RELEASE OF MORTGAGE AND ASSIGNMENT OF RENTS AND LEASES This is to certify that, for value received, the Mortgage and Assignment of Rents and Leases from Frank K. Regan, to OLD NATIONAL BANK, a national banking association, dated August 6, 2004, and recorded September 9, 2004 as Instrument No. 200400063411 and Instrument No. 200400063412, respectively, in the Office of the Recorder of Hamilton County, Indiana, as such Mortgage and Assignment of Rents and Leases have been amended from time to time, are hereby released and satisfied solely as to the real estate described on Exhibit A attached hereto. This Partial Release ofMortgage and Assignment of Rents and Leases applies only to the real estate described on Exhibit A attached hereto, and the above-mentioned Mortgage and Assignment of Rents and Leases, as amended, shall remain in full force and effect as against all of the real estate described therein except the real estate herein released. IN WITNESS WHEREOF, Bank, as mortgagee, has caused this instrument to be executed this 13th day of September, 2005. SUSAN J. SWENGEL Resident of Marion County, IN Commission Expires: September 26. 2012 STATE OF INDIANA ) ) SS: COUNTYOFj*lttrio7t ) OLD NATIONAL NIS, By: ?,✓. ,Edward R3fm, Vice President Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Edward R Salm, a Vice President of OLD NATIONAL BANK, a national banking association, who aclmowledged the exeoutonofthe foregoing Partial Release of Mortgage and Assignment of Rents and Leases for and on behalf of said association. WITNESS my hand and Notarial Seal this kbfit ay of Scp-etvbCr X2000 County of Residence: /Vim r^,-0/1 My Commission Expires: q?2(v'vv/? This instrument prepared by Old National Bank. Notary Public Print (� Sosari U . erci 12/20/2005 16:19 3178443777 KELLCO ENGINEERING EXHIBIT "A" PART OF THE NORTHWEST QUARTER OF StL.1ION 25 AND PART OF THE NORTHEAST QUARTER OF SECTION 26, BOTH IN TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 47 MINU 1 is 53 SECONDS EAST ALONG NORTH LINE OF SAID NORTHWEST QUARTER SECTION A DISTANCE OF 37.71 FEET; THENCE SOUTH 8 DEGREES 09 MINUTES 56 SECONDS EAST A DISTANCE OF 45.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 08 DEGREES 09 MINUits 56 SECONDS EAST A DISTANCE OF 93.13 FEL 1; THENCE SOUTH 56 DEGREES 09 MINUTES 22 SECONDS WEST A DISTANCE OF 118.05 FEET; THENCE NORTH 76 DEGREES 57 MINUTES 41 SECONDS WEST A DISTANCE OF 102.93 FEET; THENCE NORTH 13 DEGREES 02 MINUTES 19 SECONDS EAST A DISTANCE OF 49.31 t -Et i ; THENCE NORTH 51 DEGREES 21 MINUTES 54 SECONDS WEST A DISTANCE OF 131.00 FEET; THENCE NORTH 89 DEGREES 01 MINUTES 25 SECONDS EAST PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26, A DISTANCE OF 232.96 FEET; THENCE NORTH 88 DEGREES 47 MINUTES 53 SECONDS EAST PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 43.38 FEET TO THE POINT OF BEGINNING. CONTAINING 0.67 ACRES, MORE OR LESS. 0 PAGE 10 12/20/2005 16:19 3178443777 KELLCO ENGINEERING PAGE 11 INDIANA PARTLAL RELEASE OF MORTGAGE AND ASSIGNMENT OF RENTS ANI) LEASES This is to certify that, for value received, the Mortgage and Assignment of Rents and Leases from Frank K. Regan, to OLD NATIONAL BANK, a national banking association, dated August 6, 2004, and recorded September 9, 2004 as Instrument No. 200400063411 and Instrument No. 200400063412, respectively, in the Office of the Recorder of Hamilton County, Indiana, as such Mortgage and Assignment of Rents and Leases have been amended from time to time, are hereby released and satisfied solely as to the real estate described on Exhibit A attached hereto. This Partial Release ofMortgage and Assignment of Rents and Leases applies only to the real estate described on Exhibit A attached hereto, and the above-mentioned Mortgage and Assignment of Rents and Leases, as amended, shall remain in full force and effect as against all of the real estate described therein except the real estate herein released. IN WITNESS WHEREOF, Bank, as mortgagee, has caused this instrument to be executed this 13th day of September, 2005. SUSAN J. SWENGEL Resident of Marion County, IN Commission Expires; September 26, 2012 STATE OF INDIANA ) COUNTY OF /riarbrl ) SS: OLD NAVONAL BA��`� By: L Ark_ Edward R. Salm, Ye President Befinre me, the undersigned, a Notary Public in and for said County and State, personally appeared Edward R Salm, a Vice President of OLD NATIONAL BANK, a national banking association, who acknowledgedthe execution ofthe foregoing Partial Release of Mortgage and Assignment of Rents and Leases for and on behalf of said association. WITNESS my hand and Notarial Seal this f M tt day of Sepia' r' be r ,apes ComtyofResidence: P'letr:or Notary Public My Commission Expires: q-c2(o • ,tp/ �. , Printed r ..et This instrument prepared by Old National Bank. 12/20/2005 16:19 3178443777 KELLCU ENGINEERING EXHIBIT "A" PART OF THE NORTHWEST QUARTER OF SECTION 25 AND PART OF THE NORTHEAST QUARTER OF SECTION 26, BOTH IN TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 25; THENCE NORTH 88 DEGREES 47 MINUTES 53 SECONDS EAST ALONG THE NORTH UNE OF SAID NORTHWEST QUARTER SECTION ADISTANCE OF 37.71 FEET; THENCE SOUTH 08 DEGREES 09 MINUTES 56 SECONDS EAST A DISTANCE OF 45.33 FEET; THENCE SOUTH 88 DEGREES 47 MINUTES 53 SECONDS WEST PARALLEL TO SAID NORTH UNE, A DISTANCE OF 43.38 FEET; THENCE SOUTH 89 DEGREES 01 MINUTES 25 SECONDS WEST PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26 A DISTANCE OF 1050.97 rtt 1; THENCE NORTH 00 DEGREES 58 MINUTES 35 SECONDS WEST A DISTANCE OF 45,00 FEET TO SAID NORTH UNE; THENCE NORTH 89 DEGREES 01 MINUTES 25 SECONDS EAST ALONG SAID LINE A DISTANCE OF 1050.97 rttl TO THE POINT OF BEGINNING. CONTAINING L13 ACRES, MORE OR LESS. 0 PAGE 12 12/20/2005 16:19 3176443777 KELLCO ENGINEERING PAGE 17 DEDICATION OF PUBLIC RIGHT-OF-WAY The undersigned being the fee simple owner of all the real estate described herein, for good and valuable consideration, does hereby dedicate to the City of Carmel, Hamilton County, Indiana, on behalf of and for the public, for use as a right-of-way for public road purposes, the following described real estate in the City of Carmel, Hamilton County, Indiana, to -wit: See attached Exhibit A STATE OF INDIANA )SS: COUNTY OF HAMILTON Personally appeared before, a notary public in and for said county and state, the within named Frank K. Regan, known to me to be the person who executed the foregoing Dedication of Public Right -of -Way and acknowledged the execution of the same as his voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL, this 2005. IGrobeny A. Cama Wary Punk Hamilton Co% Rit My Canmi. Wes ARA 18. 2000. MY COMMISSION EXPIRES: %-pu IeI26bp! � o a) Notary Public, resident of Hamilton County, IN. ACCEPTANCE OF DEDICATION 12/20/2005 16:19 3178443777 KELLCO ENGINEERING PAGE 18 The Board of Public Works and Safety of the City of Carmel, Hamilton County, Indiana, at a regular meeting held on the day of . 2005, does hereby accept the dedication of the real estate described herein as a public road right-of-way. The Board of Public Works and Safety does hereby designate such right-of-way as a part of the City of Carmel road system. Board of Public Works and Safety City of Carmel Hamilton County, Indiana ATTEST: Diana Cordray, Clerk -Treasurer 0 12/20/2005 16:19 3178443777 KELLCO ENGINEERING PAGE 19 DEDICATION OF PUBLIC RIGHT-OF-WAY The undersigned being the fee simple owner of all the real estate described herein, for good and valuable consideration, does hereby dedicate to the City of Carmel, Hamilton County, Indiana, on behalf of and for the public, for use as a right-of-way for public road purposes, the following described real estate in the City of Carmel, Hamilton County, Indiana, to -wit: See attached Exhibit A STATE OF INDIANA COUNTY OF HAMILTON ) )SS: Personally appeared before, a notary public in and for said county and state, the within named Frank K. Regan, known to me to be the person who executed the foregoing Dedication of Public Right -of -Way and acknowledged the execution of the sande as his voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL, this day ofraZpito dig ig > 2005. MOS A. Cpjm Natty %MC, Hattdf n Co, R1 MP Cann. Woo Awl it 2M9. MY COMMISSION EXPIRES: t*rfhILA •CR`,&m Notary Public/4 resident of Hamilton County, IN. ACCEPTANCE OF DEDICATION R-ePLIA MEMORANDUM OF UNDERSTANDING THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY AND THE CARMEL UTILITIES DEPARTMENT HEREBYAGREE TO AND ACKNOWLEDGE THE FOLLOWING ARRANGEMENTS, TERMS, AND CONDITIONS IN REGARD TO THE USE AND OCCUPANCY OF THE FORMER REGAN PROPERTY ON 136711 STREET (REFERRED TO HEREIN AS THE PUMPING STATION PARCEL, AND CONSISTING OF APPROXIMATELY 0.795 ACRE AS DESCRIBED IN EXHIBIT A, ATTACHED HERETO AND MADE PAR7' HEREOF): I. Pursuant to a certain Conditional Settlement Agreement entered into by the Plaintiff and Defendant in an inverse condemnation action filed in the Hamilton County Superior Court No. 2 and captioned as Frank Kells Regan ("Regan") vs. City of Cannel, Cause No. 29002 -0103 -CP -134, the City is obligated to pay Regan the sum of Two Hundred Seventy -Eight Thousand Two Hundred and Fifty Dollars ($278,250.00), and Regan is obligated to convey to the City the Pumping Station Parcel. 2. The Carmel Utilities Department presently needs to acquire a site for a new pumping station at the location of the Pumping Station'Parcel. 3. The City of Carmel desires to transfer the Pumping Station Parcel to the Carmel Utilities Department so that said Utilities Department can use the parcel as a site for a pumping station. 4. The Carmel Utilities Department desires to acquire the Pumping Station Parcel from the City for the sum referenced above, except that the Utilities Department desires to pay said sum in two installments with the balance due carrying simple annual interest of 5% until paid in full and, in no event, shall the second installment be paid later than January 30, 2004. 5. The City of Carmel has bargained with Regan and has obtained Regan's agreement that the sum niay be paid in two installments as described above. 6. Pursuant to Indiana Code §36-1-1 1-8, "[a] transfer or exchange of property may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption ofa substantially identical resolution by each entity. Such a transfer may be made for any amount of real property, cash, or other personal property, as agreed upon by the entities." 7. In consideration of the City of Cannel's transfer of the Pumping Station Parcel to the Carmel Utilities Department for its use as a site for a pumping station, the Utilities Department hereby agrees to pay the sum of $278,250.00, with interest as described above, to Regan, and further agrees that it shall be bound by the provisions of the Conditional Settlement Agreement referenced above as they apply to the Pumping Station Parcel, particularly the provisions described in paragraphs 8 and 9 below, 8. The Carmel Utilities Department agrees to provide Regan with a site plan and architectural elevations of the proposed pumping station and to obtain Regan's written approval of such plan and elevations before commencing construction. 9. The Carmel Utilities Department also agrees that Regan shall retain an option to reacquire that portion of the Pumping Station Parcel identified in Exhibit A consisting of 0.258 acre for an amount to be calculated in accordance with the following formula: The total acreage identified on Exhibit A divided by the total purchase price times 0.258 acres. In addition to the option price provided for in this paragraph, Regan shall pay 5% simple annual interest on said sum from the date of execution until the date the option is exercised. Exercise of the option is strictly conditioned upon Regan providing a dedicated access to the remaining portion of the Pumping Station Parcel by other means adequate to the needs of the Utilities Department. 10. It is understood that this is a quid pro quo agreement between the City of Carmel and the Carmel Utilities Department, and no payments (other than the payment of the purchase price to Regan as described above) shall be exchanged between the parties hereto. Mutually agreed to and in force June 18, 2003. o_fn Duffy, Director y of Carmel ames Brainard, Mayor. 0 Approved and adopted this 0 Ion day of 1W� CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: James Brainard, Presiding Officer Date: Lori S. Watso•, M mb r Date: q t iv (p ATTEST,& N t t ' iana`L. Cordy 1.4[1:rte 'Dale:' ..` 'l('tto.�0.'0 i1 , ii Sandra .Johnson, uty Clerk for Clerk -Treasurer , 2003. Ji -'k00°3 12_0, STATE OF INDIANA ) IN THE HAMILTON COUNTY ) SS: SUPERIOR COURT NO. 2 COUNTY OF HAMILTON ) FRANK KELLS REGAN, ) Plaintiff ) ) vs. ) CAUSE NO. 29D02 -0103 -CP -134 CITY OF CARMEL, ) Defendant ) FIRST ADDENDUM TO CONDITIONAL SETTLEMENT AGREEMENT DATED 1/18/06 Come now the parties in person and by counsel and agree to the following terms and conditions which shall be considered addenda to the Conditional Settlement Agreement entered into by and between the parties on the 21s1 day of July, 2003, a copy of which is attached hereto, made part hereof and identified as Exhibit 1. WHEREAS, following the execution of Exhibit 1, the City of Carmel (hereafter "City") in the exercise of its governmental authority determined that two projects not contemplated at the time of the execution of the Conditional Settlement Agreement were reasonable and necessary for the extension of public infrastructure on and across Plaintiff's real property, to -wit: (I) a round -a -bout which consumed real property in addition to that originally contemplated for the extension of "Illinois Street"; (2) a surface or sub -surface water drainage structure or structures; and, WHEREAS, the Plaintiff contends and believes that such additional real estate acquisition may entitle him to additional compensation beyond that which was contemplated in the Conditional Settlement Agreement; and, WHEREAS, the City has not agreed or disagreed with said proposition at this point but is considering the issue; and, WHEREAS, the parties have tentatively agreed as a means of resolving any and all remaining issues to accelerate the closing contemplated in paragraph 6 of the Conditional Settlement Agreement; and, WHEREAS, the City agrees that certain sums are due and owing the Plaintiff without agreeing to the precise amount thereof; and WHEREAS, the City and the Plaintiff agree that the City may make a payment to the Plaintiff without prejudice to the ultimate calculation of the amount due and without abandoning the procedures for determining value as set forth in the Conditional 0 Settlement Agreement, said payment being a credit against the ultimate balance due as so determined. NOW, THEREFORE, in consideration of the mutual agreements and undertakings set forth herein, the parties do hereby agree as follows: 1. Reaffirmation of Conditional Settlement Agreement Terms. Except as specifically stated herein, the parties do hereby reaffirm the Conditional Settlement Agreement attached hereto as Exhibit 1. 2. Appraisal Selection. Regan names MA. Jona Caiprot.) as his appraiser in accordance with the provisions of paragraph 6 of the Conditional Settlement Agreement. Regan acknowledges that the City has appointed Mr. Scott Anderson of RWS Associates as its appraiser. In accord with the Conditional Settlement Agreement, Mr. Anderson and Mr. ComPro.) will agree upon the third appraiser within five (5) days after the effective date of this First Addendum. 3. Initial Payment. The City agrees upon the execution of this First Addendum (and after compliance with the requirements described in paragraph 4 hereof) to pay Regan the sum of Five Hundred Thousand Dollars ($500,000.00) (in accordance with its claims policy) via check drawn upon the accounts of the City as an initial and partial payment for the sums which may be due pursuant to the Conditional Settlement Agreement. The parties agree that said payment is made and received without prejudice to the determination of the total amount of money, if any, which may be due to Regan. 4. Execution and Delivery of Documents. Execution and Delivery of Documents. The Plaintiff agrees to, and does, tender to the City herewith, all of the documents necessary to convey appropriate right, title and interest to the City for the real property known as the "round -a -bout" all as identified on the drawing attached hereto and marked as Exhibit 2. Said conveyance is also without prejudice to the calculation of the total amount of money due the Plaintiff by reason of the acquisition of the "round -a -bout" real estate nor is the payment provided for in paragraph 2 above solely for said conveyance. Plaintiff agrees to execute any additional documents that may be required to comfort the City in connection with its construction plans for the "round -a -bout." Plaintiff will give City the Hamilton County real estate depicted in 4C and 4A of Exhibit 2. City will purchase the Hamilton County real estate depicted in 4(c), 4(a) and 4(e) (and including 1(c)) of Exhibit 2; provided however Plaintiff agrees that parcel 4E will be adjusted to reflect Plaintiff's donation of a part of 4E as discussed in paragraph 6 (B) of Exhibit 1.City will hold conveyance documents in escrow until City delivers the $500,000.00 consideration to Plaintiff. For the purpose of the computation of the purchase price of the actual computed acreage, the sum of $780,000.00 per acre shall be used. 0 Preliminary Drawings and Bentley Oaks Drain. Attached hereto as Exhibit 3 is an engineering drawing of the preliminary alignment of the new roadway and the 136th Street roundabout. Regan accepts such alignment and roundabout location. Further Regan acknowledges a section of the Bentley Oaks drain will need to be relocated and improved. Regan agrees to execute all documents necessary to implement such relocation of the drain in a timely manner. 6. Satisfaction of the Conditional Settlement Agreement Terms. The parties agree that they shall continue to process of completing the terms and conditions set forth in the Conditional Settlement Agreement to resolve once and for all any issues that remain to be resolved regarding the payments which may be due to Regan from the City. Each agrees to exercise due diligence in this regard. 7. Intent. It is the intent of the parties to continue to work toward a mutually acceptable resolution of any issues that arise between them and to permit the City to make timely improvements to its streets and roads affected hereby. To that end, Regan has executed a right of entry for the Donation Real Estate and for the Non -Donation Real Estate for the use and benefit of the City of Carmel, its employees, officers, agents, contractors, subcontractors and all affected utilities and will not withdraw same under any circumstances. IN WITNESS HEREOF, theyarties have executed this Addendum to Conditional Settlement Agreement , day oft Diy1Ma>ry , 2006. Frank K gan, Plainti f ATTEST: �<�U���'�lJ' - ut/A C -',�L� Co. 0 2ZZ'Z000172 I 7'0 o /c /v 7.- a -2- JT C o/v !2 t- T Se,v#12- 2 %1 t- l . 1 Z At/ e.dv Al i O FRANK K. REGAN DEED BOOK 3513. PAGE 582 & 583 r 1 g -- - �..:; ' 4E , SINATION PLAN ,pat m. m. a,ma.e eaao PROFILE ON PROPOSED E ROADWAY mazy f.la mamma,. W14 SW ma Saran AVeh 7n1UL Ort scna• 1le In polnt approximate Hold verify clearing limits Said and Stray all dlalrarted areae acaosm /q I.TIVIK Sam W Ma HAMILTON COUNTY SURVEYORS OFFICE YxOak =1t[ miner.. sae le RS Imonu Yq{ a nom. tm—'run. LAYOUT 4'ImMR Stan NO. .G+MIaL.MpCmmaaK. cc} Ai n 172N c_ijX 0C9 T 7/ D D . fvij4/ 5e . CY v CO N 0 0 a v 3 Xd3 13Cb3Sd1 dH N - r Want- MS r653 ••�. � •iii, 6f6 vAi r ass "'miasma S55 I A _ asp i0 815 885 ARV 819 835 MO 835 �$--& S19 — eaao PROFILE ON PROPOSED E ROADWAY mazy f.la mamma,. W14 SW ma Saran AVeh 7n1UL Ort scna• 1le In polnt approximate Hold verify clearing limits Said and Stray all dlalrarted areae acaosm /q I.TIVIK Sam W Ma HAMILTON COUNTY SURVEYORS OFFICE YxOak =1t[ miner.. sae le RS Imonu Yq{ a nom. tm—'run. LAYOUT 4'ImMR Stan NO. .G+MIaL.MpCmmaaK. cc} Ai n 172N c_ijX 0C9 T 7/ D D . fvij4/ 5e . CY v CO N 0 0 a v 3 Xd3 13Cb3Sd1 dH N ®atht fflGIDEERIflB Sheet 1 of 1 w K 0 970 Logan Street, Suite 202 Noblesville, IN 46060 (317) 776-8665 Phone (317) 776-8666 Fox 122-0081 TLK 3/10/03 N68'35'23"E 45.00 136th STREET N. Line, N.E. 1/4, Sec. 26-78-3 BENTLEY OAKS SUBDIVISION Owned Ay; • Fran* K. Regan Den tion Pond M..L 4Z. LON N O D n 45.00 00'OSZ 3.LE.4Z.LOS S88°35'23'W 77.72 N88°35'23"E 0 0.537 Ac. N m 23,400 Sq. Ft. o A 8 O O 535°35'231W 130.00 0 m, BOUNDARY EXHIBIT Proposed Pump Station Site of Village Drive East and 136th Street, Carmel, Indiana EXHIBIT A Mid -States EncmfEn(nG 910 Logan Street. Suite 202 Noblesville. IN 46060 (317) 776-8665 Phone 1317) 776-8666 FAX www.mid-stateseng.com 122-0081 TLK 3127/03 LAND DESCRIPTION Proposed Pump Station Site ria Village Drive East and 136th Street, Carmel, Indiana Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the. Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter of Section 26, Township 18 North, Range 03 East; thence on the North line of said quarter section, South 88°35'23" West (assumed bearing) a distance of 1005.89 feet to the POINT OF BEGINNING of the herein described real estate; thence South 01°24'37" East 250.00 feet; thence parallel with the North line of said quarter section, North 88°35'23" East 85.00 feet; thence South 01°24'37" East 180.00 feet; thence parallel with the North line of said quarter section, South 88°35'23" West 130.00 feet to the Southeast corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument Number 9115494, Plat Cabinet 1, Slide 170 in the Office of the Recorder of said County; thence on the East line of said subdivision, North O1°24'37" West 430.00 feet to the Northeast corner of said subdivision, said corner being on the North line of the said Northeast Quarter section; thence on the North line thereof, North 88°35'23" East 45.00 feet to the POINT OF BEGINNING; containing 0.795 acres, more or less. Subject to rights-of-way, easements and restrictions. Aviation Engineering LandlcapeArchitectdre Site Engineering Surveying rransportation Engineering NW CORNER. NE 1/4 SECTION 26 -18N -03E NORTH LINE OF THE NE 1/4 26-18-3 BENTLEY OAKS Inst. Y91-15494 45 Right of Way N88°35' 23'E 13.05' N08°21. 51'E 37.71' N88°35' 23'E 508°35'58" 89.67' 77.82' 588°35'23'W 14.45' NE CORNER, NE 1/4 SECTION 26 -16N -03E NW CORNER, NW 1/4 SECTION 25 -16N -03E i 50,E 58i_�//, F. K. REGAN• D. B. 350, p 582 �g>Ys6a°03 Frank Regan deed to _ 5 566°34' 57'W 12.92' 500°3. 18'49' 34"E ' P.0,8. 40' i 519_33,51'W— 620.71_— __ 50' STRIPS79°33'STE __630.71.__-- -9°33--- O N66°34' 57"E 16' 0005' 18.34° 5c 3fi' 666°34.57'W 51. 33' 40' Strip Area = 2.822 Ac +1- 50' Strip Area = 3378 Ac +1- 200' 400' 109 City R/W purchased from Frank Regan Korai rare' m.i' 0 CURVE DELTA • RADIUS .LENGTH Ch. LENGTH BEARING A 12°59'00' 715. 00' 162.02' 161. 67' 673°04' 27'W 3 0B°59'55' 625. 00' 90.16' 98.05' 675'04' 00'W C 49°24'12' 715. 00' 616. 57' 597.59' 543°20' 58'W 0 112°57'44 32. 00' 63. 09' _ 53. 36' $29'39' 19'E E 27.47'51' 95.00' 46.90•. 46,42' 515°38'20-E F 12°04'28' 95. 00' 20. 05' .20.01' 656° 59' 33'W G 47°19'35' 40. 00' 33. 04' 32. 11' 541°22' 34'W H 50.21'35' 805. 00' 707. 55' 684. 99' 642°53' 36'W I 08°59'55' 715.00' 112.29' 112. 17' S75°04'00'W .1 12°59'00' 625. 00' 141. 63' 141. 32' 573°04' 27"W K 12'59'00' 675. 00' 152.96' 152.63' N73°04' 27'E L 08°59'55' 665. 00' 104. 44' 104,33• N75°04'00"E M . 57°46'29" 755.00' 761:31' 729.47' N39°11' 10'E 122-6116 ,yz 0:05-r• NO.A.LIC41 0 0 122-0081 Sheet 2 of 3 LAND DESCRIPTION Proposed 40 -Foot Strip Regan to City of Carmel Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18 North, Range 03 East; thence on the West line of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument #9115494 in the Office of the Recorder of said County, South 00°18'34" East (Plat Bearing), a distance of 1169.53 feet to the POINT OF BEGINNING of the herein described real estate; thence North 66°34"57" East 29.99 feet to the point of curvature of a curve concave southerly, having a central angle of 12°59'00" and a radius of 675.00 feet; thence easterly on said curve an arc distance of 152.96 feet (said arc being subtended by a long chord bearing North 73°04'2T East 152.63 feet); thence North 79°33'57" East 620.71 feet to the point of curvature of a curve concave northerly, having a central angle of 8°59'55" and a radius of 665.00 feet; thence easterly on said curve an arc distance of 104.44 feet (said arc being subtended by a .long chord bearing North 75°04'00" East 104.33 feet); thence North 70°34'03" East 1029.44 feet; thence North 68°03'45" East 351.38 feet to the point of curvature of a curve concave northwesterly, having a central angle of 57°46'29" and a radius of 755.00 feet; thence northeasterly and northerly on said curve an arc distance of 761.31 feet (said arc being subtended by a long chord bearing North 39°11'10" East 729.47 feet) to a point on the North line of said quarter section; thence on said North line, South 88°35'23" West 89.87 feet to a point on the westerly right-of-way line of a proposed round -about at the intersection of Oakridge Road, said point being on a non -tangent curve concave easterly, having a central angle of 27°47'51" and a radius of 95.00 feet; thence southerly and southeasterly, on and along said non -tangent curve an arc distance of 46,90 feet (said arc being subtended by a long chord bearing South 15°38'20" East 46.42 feet) to a non - tangent line; thence on a line, which is parallel with and 45.00 feet by. perpendicular measurement South of the North line of said quarter section, South 88°35'23" West 14.45 feet to a point on a non -tangent curve, concave southwesterly, having a central angle of: 112°57'44" and a radius of 32.00 feet; thence southeasterly and southerly on said curve an arc distance of 63.09 feet (said arc being subtended by a long chord bearing South 29°39'19" East 53.36 feet to the point of compound curvature of a curve concave northwesterly, having a central angle of 49°24'12" and a radius of 715.00 feet; thence southwesterly on said. curve an arc distance of 616.57 feet (said arc being subtended by a long chord which bears South 43°20'58" West 597.59 feet); thence South 68°03'45" West 350.50 feet; thence South 70°34'03" West 1028.56 feet to the point of curvature of a curve concave northerly, having a central angle of 8°59'55" and a radius of 625.00 feet; thence southwesterly on said curve an arc distance of 98.16 feet (said arc being subtended by a long chord bearing South 75°04'00" West 98.05 feet); thence South 79°33'57" West 620.71 feet to the point of curvature of a curve concave southerly, having a central angle 12°59'00" and a radius of 715.00 feet; thence southwesterly on said curve an arc distance of 162.02 feet (said arc being subtended by a long chord bearing South 73°04'27" West 161.67 feet); thence South 66°34'57" West 12.92 feet to a point in the West line of land described in a deed to Frank K. Regan, the deed of which is recorded in Deed Book 350, page 582 in the Office of the Hamilton County Recorder; thence on said West line, South 00°18'34" East 43.49 feet to the POINT OF BEGINNING; containing 2.822 acres, more or less. 0 NW CORNER, NE 1/4 SECT CN 26 -18N -03E N88°35'23"E 2662.32' _NORTH LINE OF THE NE 1/4 26-18-3 BENTLEY OAKS Inst, W91-15494 P. 0, B. REA'A__•E 620.7t'_-- N66°34' 57•E 57 '5_ 51. 33 - 51.33' — 9 AREA KA' 886°3l'32'W 281. 17' N00°18' 34'W 35.88' AREA A = 1.693 Ac +/- AREA B = 1.426 Ac +1- 889°35' 58'E N88°21'51'E • 76.98' 37. 71' 45' Right of Way F. K. REGAN D. B. 350, p 582 a g0' 70°34' 03'W 141. 60' 0 ...1122-00854w exhibit-survey.dgn 6/11/2003 4:19:56 PM 200' 400' NE CORNER, NE 1/4 SECTION -26 -18N -03E CORNER1/4 � �� NW SECTION 2-16 E N w wv, Indicate. Proposed / matt Drainage Easement EA 'B 1 5 / / / p m / 9'AREA // b ! 7 448' �— /� 6'W 589°00' 19'W 3'I —� 568.0 589°51'27 38.72' Y --105.95' -.- 'm F- / ! 111 :w 10gl e ccz C3 t'I i 1 H E 1aJ a 11I'l" e cME a Ae I=s laOilli 1352 CURVE DELTA RADIUS LENGTH Ch. LENGTH BEARING A 12°59'00• 715. 00' 162. 02' 161. 67' N73°04. 27'E _ B 08°59'55' 625. 00' 98. 16' 93.05'' N75°04' 00'E C 49°24'12' 715.00'1616,57' 597,59' N43°20' 58'E 0 112°57'44 32.00' 63.09' 53,36' N29°39' 19"W E 27'47'51• 95. 00' 46. 90' 46, 42' N15°38' 20'W F 12'04'28 95:00' 20.05' 20.01' N58°59' 33"E • G 47°19'35' 40. 00' 33. 04' 32. 11' N41°22' 34'E H 50°21'35' 805. 00' 707. 55' 684, 99' _N42°53' 37'E _ I 08°59'55• .715.00' 112.29' 112,17' N75°04' 00'E J 12°59'00' 625. 00' 141. 63' 141, 32' N73°04' 27'E K 12°59'00' 675.00' 152, 96' 152,63' N73°04' 27'E L 03°59'55' 665. 00' 104. 44' 104,33' N75°04' 00'E M 57'46'29' 755,00' 761.31' 729.47' N39°11'11'E rN 12°43'10' 2436.83' 540. 97' 539, 85' S64°12' 28'W 3 122-0081 Sheet 3 of 3 LAND DESCRIPTION Proposed 50 -Foot Strip City of Carmel R/W Purchase from Regan (Illinois Street) Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian; Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest comer of the Northeast Quarter of Section 26, Township 18 North, Range 03 East; thence on the West line of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument #9115494 in the Office of the Recorder of said County, South 00°18'34" East (Plat Bearing), a distance of 1169.53 feet to the POINT OF BEGINNING of the herein described real estate; thence North 66°34"57' East 29.99 feet to the point of curvature of a curve concave southerly, having a central angle of 12°59'00" and a radius of 675.00 feet; thence easterly on said curve an arc distance of 152.96 feet (said arc being subtended by a long chord bearing North 73°0427" East 152.63 feet); thence North 79°33'57" East 620.71 feet to the point of curvature of a curve concave northerly, having a central angle of 8°59'55" and a radius of 665.00 feet; thence easterly on said curve an arc distance of 104.44 feet (said arc being subtended by a long chord bearing North 75°04'00" East 104.33 feet); thence North 70°34'03" East 1029.44 feet; thence North 68°03'45" East 351.38 feet to the point of curvature of a curve concave northwesterly, having a central angle of 57°46'29" and a radius of 755.00 feet; thence northeasterly and northerly on said curve an arc distance of 761,31 feet (said arc being subtended by a long chord bearing North 39°11'10" East 729.47 feet) to a point on the North line of said quarter section; thence on the North line thereof, North 88°35'23" East 13.05 feet to the Northeast corner of the said quarter section, also being the Northwest corner of the Northwest quarter of Section 25 in said township and range; thence on and along the North line of said Northwest quarter North 88°21'51" East 37.71 feet to the Northeast corner of land described in a deed to Frank K. Regan, the deed of which is recorded in Deed Book 350, page 582 in the Office of the Hamilton County Recorder; thence on the East line of said Regan, South 8°35'58" East 77.82 feet to a point on the • southeasterly right-of-way line of said proposed round -about at the intersection of Oakridge Road, said point being on a non -tangent curve concave northwesterly, having a central angle of 12°04'28" and a radius of 95.00 feet; thence southwesterly on said proposed right-of-way line an arc distance of 20.05. feet (said arc being subtended by a long chord bearing South 58°59'33" West 20.01 feet) to the point of reverse. curvature of a curve concave southeasterly, having a central angle of 47°19'35" and a radius of 40.00 feet; thence southwesterly on said curve an arc distance of 33.04 feet (said arc being subtended by a long chord bearing South 41°22'34" West 32.11 feet), to the point of reverse curvature of a curve concave northwesterly, having a central angle 50°21'25' and a radius of 805.00 feet; thence southwesterly on and along said curve an arc distance of 707.55 feet (said arc being subtended by a long chord bearing South 42°53'36" West 684.99 feet) to a point on the South line of said Regan; thence on said South line, South 68°03'45" West 352.47 feet; thence on said South line, South 70°34'03" West 1030.53 feet to the point of curvature of a curve concave northerly, having a central angle of 8°59'55' and a radius of 715.00 feet; thence on and along said curve an arc distance of 112.29 feet (said arc being subtended by a long chord which bears South 75°04'00° West 112.17 feet); thence South 79°33'57" West 620.71 feet to the point of curvature of a curve concave southerly, having a central angle 12°59'00" and a radius of 625.00 feet; thence on and along said curve an arc distance of 141.63 feet (said arc being subtended by a long chord which bears South 73°04'27" West 141.32 feet); thence South 66°34'57' West 51.33 feet to the a point in the West line of said. Regan; thence on said West line, North 00°18'34" West 54.36 feet to the POINT OF BEGINNING; containing 3.578 acres, more or less. 122-0081 Sheet 2 of 3 LAND DESCRIPTION Residual Area #A Along Southwest side of Subject Tract Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest comer of the Northeast Quarter of Section 26, Township 18 North, Range 03 East, being the Northwest corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument #9115494 in the Office of the Recorder of said County; thence on the West line of said subdivision and the prolongation thereof, South 00°18'34" East 1123.89 feet to the POINT OF BEGINNING of the herein described real estate; thence North 66 degrees 34 minutes 57 seconds East 51.33 feet to the Point of Curvature of a curve, concave southerly, having a central angle of 12°59'00" and a radius of 625.00 feet; thence easterly on and along said curve, an arc distance of 141.63 feet (said arc being subtended by a long chord bearing North 73°04'27" East 141.32 feet); thence North 79 degrees 33 minutes 57 seconds East 620.71 feet to the paint of curvature of a curve, concave northerly, having a central angle of 08°59'55" and a radius of 715.00 feet; thence easterly on and along said curve, an arc distance of 112.29 feet (said arc being subtended by a long chord bearing North 75°04'00" East 112.17 feet) to a point on the South line of land described in a deed to Frank K. Regan, the deed of which is recorded in Deed Book, 350, page 582 in the Office of the Hamilton County Recorder; thence South 70 degrees 34 minutes 03 seconds West 141.60 feet along said South line to the point of curvature of a curve, concave southeasterly, having a central angle of 12°4310" and a radius of 2436.83 feet; thence on and along said curve and said South line an arc distance of 540.97 feet (said arc being subtended by a chord bearing South 64°12'28" West 539.85 feet); thence South 88 degrees 37 minutes 32 seconds West 281.17 feet to the Southwest corner of said Regan; thence North 00 degrees 18 minutes 34 seconds West 85.88 feet to the POINT OF BEGINNING; containing 1.693 acres, more or less. 122-0081 Sheet 3 of 3 LAND DESCRIPTION Residual Area " B" Along East Side of Subject Tract Part of the Northeast Quarter of Section 26; Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18 North, Range 03 East; thence on the North line thereof, North 88°3523" East (Basis of Bearing from Plat of Bentley Oaks), a distance of 2662.32 feet to the Northeast corner of the said quarter section, also being the Northwest corner of the Northwest quarter of Section 25 in said township and range; thence on and along the North line of said Northwest quarter North 88°21'51" East 37.71 feet to the Northeast corner of land described in a deed to Frank K. Regan, the deed of which is recorded in Deed Book 350, page 582 in the Office of the Hamilton County Recorder; thence on the East line of said Regan, South 8°35'58" East 76.98 feet to a point on the southeasterly right-of-way line of a proposed round -about at the intersection of Oakridge Road, said point being on a non - tangent curve concave northwesterly, having a central angle of 12°04'28" and a radius of 95.00 feet, said point being the POINT OF BEGINNING of the herein described real estate; thence continuing on the East line of said Regan, South 08°35'58" East 358.61 feet to the Southeast corner of said Regan; thence on the South line of said Regan the following three (3) courses: 1) South 69°00'19" West 38.72 feet; 2) South 89°51'27" West 105.95 feet; 3) South 68°03145" West 448.61 feet to a point on the southerly right-of-way line of a proposed 90 -foot highway; said point being on a non -tangent curve, concave northwesterly, having a central angle of 50°21'35" and a radius of 805,00 feet; thence northeasterly on and along said curve and proposed right-of-way line an arc distance of 707.55 feet (said arc being subtended by a long chord bearing North 42°53'37" East 684.99 feet) to the point of reverse curvature of a curve concave southeasterly, having a central angle of 47°19'35" and a radius of.40.00 feet; thence northeasterly on said curve an arc distance of 33.04 feet (said arc being subtended by a long chord bearing North 41°22'34" East 32.11 feet) to a point on the aforesaid southeasterly right-of-way line, said point being the point of reverse curvature of a curve 'concave northwesterly having a central angle of 12°04'28" and a radius of 95.00 feet thence northeasterly on said proposed right-of-way line an arc distance of 20.05. feet (said arc being subtended by a long chord bearing North 58°59'33" East 20.01 feet to the POINT OF BEGINNING; containing 1.426 acres, more or less. NW CORNER, NE 1/4 /SECTION 26-1BN-03E N88°35'23'E 43 N01°24' 37'W 45. 00' P.C. B. N88°35'23'E 947.98 45' RI9ht of 0.983 Ac +1- 568°35' 23'W • 14. 45' • 0 200• 400' (o°r:IfgVge E . °,.° ri4 CURVE DELTA RADIUS LENGTH Ch. LENGTH BEARING A 12°59'00" 715. 00' 162. 02' 161.67' N73°04' 27'E B 08°59'55" 625. 00' 98. 16' 98. 05' N75°04' 00'E C - 49°24'12' 715. 00' 616. 57' 597. 59' N431720' 56'E 0 112°57'44 32. 00' 63. 09' 53.36' N27°39' 19'W E 27°47'51" 95.00' 46.90' 46.42' 515°38'20'E F 12°04'28' 95. 00' 20. 05' 20.01' N58°59' 33'E G 47°19'35" 40.00' 33.04' 32. 11' S41°22' 341W_ H 50°21'35' 805. 00' 707. 55' 684. 99' N42°53' 37'E I 08°59'55" 715.00' 112.29' 112. 17' N75°04' 00'E 12°59'.00' 625, 00' 141. 63' 141. 32' 373°04' 27'W. m•0 LIG tlf a Y SCSt SCET 1 w. n] 122-0081 Sheet 2 of 2 LAND DESCRIPTION Proposed 45 -Foot Right-of•Way Along South Side of 136th Street Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18 North, Range 03 East; thence on the North line thereof, North 88°35'23" East (Basis of Bearing from Plat of Bentley Oaks), a distance of 1611.43 feet to the Northeast corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument #9115494 in the Office of the Recorder of said County, said corner being the POINT OF BEGINNING of the herein described real estate; thence continuing on the North line of said quarter section, North 88°35'23" East 947.98 feet to a point on the westerly right-of-way line of a proposed round -about at the intersection of Oakridge Road, said point being on a non -tangent curve concave easterly, having a central angle of 27°47'51" and a radius of 95.00 feet; thence southerly and southeasterly, on and along said non -tangent curve an arc distance of 46,90 feet (said arc being subtended by a long chord bearing South 15°38120" East 46.42 feet) to a non -tangent line; thence on a line, which is parallel with and 45.00 feet by perpendicular measurement South of the North line of said quarter section, South 88°35'23" West 959.39 feet to a point on the East line of the aforesaid Bentley Oaks; thence on said East line, North 01°24'37" West 45.00 feet to the POINT OF BEGINNING; containing 0.983 acres, more or less. 0 CHURCH, CHURCH, HITTLE & ANTRIM INTEROFFICE MEMORANDUM TO: Frank Regan FROM: DOUGLAS D. CHURCH SUBJECT: ADDENDUM TO SETTLEMENT AGREEMENT DATE: 12/29/05 CC: Frank: I am attaching the Addendum to the Settlement Agreement that you have signed which will provide an interim solution to the situation involving the acquisition of your real estate for the round -a -bout and the extension of the street. This is the draft provided to Mike Walsh several weeks ago now to which there has been no response. Based upon the Mayor's email (also copy attached) if this is to be on the claims docket for January 9, 2006, it is my understanding that it must be in the Clerk Treasurer's office before the 4th of January. If you can deliver this to the Clerk Treasurer, it will facilitate the matter. I know if Ms. Cordray has questions, she can reach me or she can contact Mr. Walsh directly. Douglas D. Church, 'sq. 12514 Reynolds Drive, Suite B, Fishers, IN 46038 Phone: 317-773-2190 Fax: 317-572-1609 Dchurch@cchalaw.com Page 1 of 1 Doug Church From: Brainard, James C [JBrainard@carmel.in.gov] Sent: Friday, December 16, 2005 2:44 PM To: Kellco4017@aol.com Subject: RE: Regan/Carmel Frank, I talked to Mike today and he has been in touch with Doug this week. The claim is on the claim docket for hte first city council meeting in January. I am trying to pull some strings and get it added to the agenda for Monday night. The check is cut immediately after approval by the council. Mike cannot call you back --it violates legal ethics for him to go around your attorney -he has to go through Doug. Jim From: Kellco4017@aol.com [mailto:Kellco4017@aol.com] Sent: Fri 12/16/2005 2:28 PM To: Brainard, James C Subject: Re: Regan/Carmel Jim, How do we do this when Mike doesn't respond? Frank 12/29/2005 STATE OF INDIANA COUNTY OF HAMILTON FRANK KELLS REGAN, Plaintiff vs. CITY OF CARMEL, Defendant IN THE HAMILTON COUNTY SUPERIOR COURT NO. 2 CAUSE NO. 29D02 -0103 -CP -134 FIRST ADDENDUM TO CONDITIONAL SETTLEMENT AGREEMENT Come now the parties in person and by counsel and agree to the following terms and conditions which shall be considered addenda to the Conditional Settlement Agreement entered into by and between the parties on the 21s` day of July, 2003, a copy of which is attached hereto, made part hereof and identified as Exhibit 1. WHEREAS, following the execution of Exhibit 1, the City of Carmel (hereafter "City") in the exercise of its governmental authority determined that two projects not contemplated at the time of the execution of the Conditional Settlement Agreement were reasonable and necessary for the extension of public infrastructure on and across Plaintiff's real property, to -wit: (1) a round -a -bout which consumed real property in addition to that originally contemplated for the extension of "Illinois Street"; (2) a surface or sub -surface water drainage structure or structures; and, WHEREAS, the Plaintiff contends and believes that such additional real estate acquisition may entitle him to additional compensation beyond that which was contemplated in the Conditional Settlement Agreement; and, WHEREAS, the City has not agreed or disagreed with said proposition at this point but is considering the issue; and, WHEREAS, the parties have tentatively agreed as a means of resolving any and all remaining issues to accelerate the closing contemplated in paragraph 6 of the Conditional Settlement Agreement; and, WHEREAS, the City agrees that certain sums are due and owing the Plaintiff without agreeing to the precise amount thereof; and WIIEREAS, the City and the Plaintiff agree that the City may make a payment to the Plaintiff without prejudice to the ultimate calculation of the amount due and without abandoning the procedures for determining value as set forth in the Conditional Settlement Agreement, said payment being a credit against the ultimate balance due as so determined. NOW, THEREFORE, in consideration of the mutual agreements and undertakings set forth herein, the parties do hereby agree as follows: 1. Reaffirmation of Conditional Settlement Agreement Terms. Except as specifically stated herein, the parties do hereby reaffirm the Conditional Settlement Agreement attached hereto as Exhibit 1. 2. Initial Payment. The City agrees immediately upon the execution of this Addendum to pay Plaintiff the sum of Five Hundred Thousand Dollars ($500,000.00) by certified funds check drawn upon the accounts of the City as an initial and partial payment for the sums due pursuant to the Conditional Settlement Agreement. The parties agree that said payment is made and received without prejudice to the determination of the total amount of money due to the Plaintiff. 3. Execution and Delivery of Documents. The Plaintiff agrees to, and does, tender to the City herewith, all of the documents necessary to convey appropriate right, title and interest to the City for the real property known as the "round -a -bout" all as identified on the drawing attached hereto and marked as Exhibit 2. Said conveyance is also without prejudice to the calculation of the total amount of money due the Plaintiff by reason of the acquisition of the "round -a -bout" real estate nor is the payment provided for in paragraph 2 above solely for said conveyance. Plaintiff agrees to execute any additional documents that may be required to comfort the City in connection with its construction plans for the "round -a -bout." 4. Satisfaction of the Conditional Settlement Agreement Terms. The parties agree that they shall continue to process of completing the terms and conditions set forth in the Conditional Settlement Agreement to resolve once and for all any issues that remain to be resolved regarding the payments due Plaintiff from the City. Each agrees to exercise due diligence in this regard. 5. Resolution of Issues Relating to Round -a -bout and Drainage Structures. The parties agree that they shall undertake "face to face" discussion of the additional compensation, if any, that is due Plaintiff from the City by reason of the determination by the City to construct a "round -a -bout" and to add drainage structures that were not contemplated at the time of the execution of the Conditional Settlement Agreement. They further agree, that if they are not successful in resolving said issues "face to face" that they shall engage in mediation to try to resolve such issues. In the event, and only in the event, that they fail to resolve said issues in mediation, they agree to submit the issues to binding arbitration on briefs only. The selection of an arbitrator for such purpose o a shall be conducted in accordance with the Indiana Rules of Alternative Dispute Resolution. 6. Intent. It is the intent of the parties to continue to work toward a mutually acceptable resolution of any issues that arise between them and to permit the City to make timely improvements to its streets and roads affected hereby. To that end, Plaintiff has executed a right of entry and will not withdraw same under any circumstances. IN WITNESS HEREOF, the parties have executed this Addendum to Conditional Settlement Agreement this _day of , 2005. Frank K. Regan, Plaintiff CI'T'Y OF CARMEL, A 1'TEST: CHURCH, CHURCH, HITTLE & ANTRIM INTEROFFICE MEMORANDUM TO: Frank Regan FROM: DOUGLAS D. CHURCH SUBJECT: ADDENDUM TO SETTLEMENT AGREEMENT DATE: 12/29/05 CC: Frank: I am attaching the Addendum to the Settlement Agreement that you have signed which will provide an interim solution to the situation involving the acquisition of your real estate for the round -a -bout and the extension of the street. This is the draft provided to Mike Walsh several weeks ago now to which there has been no response. Based upon the Mayor's email (also copy attached) if this is to be on the claims docket for January 9, 2006, it is my understanding that it must be in the Clerk Treasurer's office before the 4th of January. If you can deliver this to the Clerk Treasurer, it will facilitate the matter. I know if Ms. Cordray has questions, she can reach me or she can contact Mr. Walsh directly. Douglas D. Church, 12514 Reynolds Drive, Suite B, Fishers, IN 46038 Phone: 317-773-2190 Fax: 317-572-1609 Dchurch@cchalaw.com Page 1 of 1 Doug Church From: Brainard, James C [JBrainard@carmel.in.gov] Sent: Friday, December 16, 2005 2:44 PM To: Kellco4017@aol.com Subject: RE: Regan/Carmel Frank, I talked to Mike today and he has been in touch with Doug this week. The claim is on the claim docket for hte first city council meeting in January. I am trying to pull some strings and get it added to the agenda for Monday night. The check is cut immediately after approval by the council. Mike cannot call you back --it violates legal ethics for him to go around your attorney -he has to go through Doug. Jim From: Kellco4017@aol.com [mailto:Kellco4017@aol.com] Sent: Fri 12/16/2005 2:28 PM To: Brainard, James C Subject: Re: Regan/Carmel Jim, How do we do this when Mike doesn't respond? Frank 12/29/2005 0 STATE OF INDIANA ) IN THE HAMILTON COUNTY ) SS: SUPERIOR COURT NO. 2 COUNTY OF HAMILTON ) FRANK KELLS REGAN, ) Plaintiff ) ) vs. ) CAUSE NO. 29D02 -0103 -CP -134 ) CITY OF CARMEL, ) Defendant ) FIRST ADDENDUM TO CONDITIONAL SETTLEMENT AGREEMENT Come now the parties in person and by counsel and agree to the following terms and conditions which shall be considered addenda to the Conditional Settlement Agreement entered into by and between the parties on the 2151 day of July, 2003, a copy of which is attached hereto, made part hereof and identified as Exhibit 1. WHEREAS, following the execution of Exhibit 1, the City of Carmel (hereafter "City") in the exercise of its govemmental authority determined that two projects not contemplated at the time of the execution of the Conditional Settlement Agreement were reasonable and necessary for the extension of public infrastructure on and across Plaintiff's real property, to -wit: (1) a round -a -bout which consumed real property in addition to that originally contemplated for the extension of "Illinois Street"; (2) a surface or sub -surface water drainage structure or structures; and, WHEREAS, the Plaintiff contends and believes that such additional real estate acquisition may entitle him to additional compensation beyond that which was contemplated in the Conditional Settlement Agreement; and, WHEREAS, the City has not agreed or disagreed with said proposition at this point but is considering the issue; and, WHEREAS, the parties have tentatively agreed as a means of resolving any and all remaining issues to accelerate the closing contemplated in paragraph 6 of the Conditional Settlement Agreement; and, WHEREAS, the City agrees that certain sums are due and owing the Plaintiff without agreeing to the precise amount thereof; and WHEREAS, the City and the Plaintiff agree that the City may make a payment to the Plaintiff without prejudice to the ultimate calculation of the amount due and without abandoning the procedures for determining value as set forth in the Conditional Settlement Agreement, said payment being a credit against the ultimate balance due as so determined. NOW, THEREFORE, in consideration of the mutual agreements and undertakings set forth herein, the parties do hereby agree as follows: I . Reaffirmation of Conditional Settlement Agreement Terms. Except as specifically stated herein, the parties do hereby reaffirm the Conditional Settlement Agreement attached hereto as Exhibit 1. 2. Initial Payment. The City agrees immediately upon the execution of this Addendum to pay Plaintiff the sum of Five Hundred Thousand Dollars ($500,000.00) by certified funds check drawn upon the accounts of the City as an initial and partial payment for the sums due pursuant to the Conditional Settlement Agreement. The parties agree that said payment is made and received without prejudice to the determination of the total amount of money due to the Plaintiff. 3. Execution and Delivery of Documents. The Plaintiff agrees to, and does, tender to the City herewith, all of the documents necessary to convey appropriate right, title and interest to the City for the real property known as the "round -a -bout" all as identified on the drawing attached hereto and marked as Exhibit 2. Said conveyance is also without prejudice to the calculation of the total amount of money due the Plaintiff by reason of the acquisition of the "round -a -bout" real estate nor is the payment provided for in paragraph 2 above solely for said conveyance. Plaintiff agrees to execute any additional documents that may be required to comfort the City in connection with its construction plans for the "round -a -bout." 4. Satisfaction of the Conditional Settlement Agreement Terms. The parties agree that they shall continue to process of completing the terms and conditions set forth in the Conditional Settlement Agreement to resolve once and for all any issues that remain to be resolved regarding the payments due Plaintiff from the City. Each agrees to exercise due diligence in this regard. 5. Resolution of Issues Relating to Round -a -bout and Drainage Structures. The parties agree that they shall undertake "face to face" discussion of the additional compensation, if any, that is due Plaintiff from the City by reason of the determination by the City to construct a "round -a -bout" and to add drainage structures that were not contemplated at the time of the execution of the Conditional Settlement Agreement. They further agree, that if they are not successful in resolving said issues "face to face" that they shall engage in mediation to try to resolve such issues. In the event, and only in the event, that they fail to resolve said issues in mediation, they agree to submit the issues to binding arbitration on briefs only. The selection of an arbitrator for such purpose shall be conducted in accordance with the Indiana Rules of Alternative Dispute Resolution. 6. Intent. It is the intent of the parties to continue to work toward a mutually acceptable resolution of any issues that arise between them and to permit the City to make timely improvements to its streets and roads affected hereby. To that end, Plaintiff has executed a right of entry and will not withdraw same under any circumstances. IN WITNESS HEREOF, the parties have executed this Addendum to Conditional Settlement Agreement this day of , 2005. Frank K. Regan, Plaintiff CITY OF CARMEL ATTEST: t. Presented 'ay State 9card of Accounts Scurry Fara No. 17 (Rev. 19561 - ACCOUNTS PAYABLE VOUCHER Hamilton County, Indiana: 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 Frank K. Regan Purchase Order No. 12223 Castle Court Terms Carmel IN 46033 • Date Due= February 28, 2006 Invoice Date Invoice Number Description (or note attached invoice(s) or bill(s)) Amount 01/26/06 Carmel Req. #1 Illinois Street North Extension $500,000.00 Carmel Proj. 05-01B Right of Way Acquisition - Addendum 1 to Settlement Agreement Total _ $500,000.00 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except • Date 20 Signature ' Title 'I hereby certify that the attached invoice(s), orbills(s)ili r-:, is (are) true and correct and I have audited same in accordance;;:_ with IC 5-11-10-2. i Date 20 • $3,600,000 2005 Series Thompson TIF Bond DISBURSEMENT REQUEST #01 Pursuant to the Interlocal Agreement between the City of Carmel and Hamilton County, Indiana dated September 6, 2005, the undersigned hereby requests Hamilton County to pay the following amounts from the Thompson TIF Bond Account: (I) to the persons listed on the Disbursement Schedule attached hereto as payment of construction costs in the aggregrate sum of $500,000.00 Capitalized terms herein have the meanings ascribed to. them in the Indenture. iN Dated this 27 day of -.MU. 2006. • CITY OF CARMEL �7y� �7 BY: /'/7 / ,1/L'�,•�l> Michael T. McBride . . City Engineer, City of Carmel PAYEE EXHIBIT A PAYMENT REQUISITION NO. 01 Jan. 26, 2006 City of Carmel AMOUNT DUE CHARACTER OF EXPENDITURE LL CHECKS'LISTEDI. HEREON TO BE MAILED TO Dept.`of Engineering ATTN Judy Stohler =- i of Carmel 1!PMc Square: .amel IN 46032`' Frank K. Regan 12223 Castle Court Carmel, IN 46033 $500,000.00 TOTAL $500,000.00 Illinois Street North Extension Carmel Proj. 05-01B County P.O. Right of Way Acquisition (Addendum 1 to Settlement Agreement)