Loading...
Water Line Agreement - Meridian Mile AssociatesPrior Deed References: Instrument No. 34846, in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT his Water Line Easement Agreement (the "Agreement") is made and entered in day oI LA , 2017, by 'and between Meridian Mile Associates, L.P., an Indiana limite partnership ("Grantor') and the City of Carmel, Indiana, an Indiana municipal corporation.("Grantee"). RECITALS: A. Grantor is the owner of certain real property located in Hamilton County, Indiana ("Grantors' Property") more particularly described in Exhibit A attached hereto and incorporated herein. B. Grantee, in connection with Grantee's improvements and construction of US 31 Crossing Water Transmission Main (the "Project") requires a permanent, exclusive easement over, through, under, upon and across that portion of Grantors' Property more particularly described and depicted on Exhibit B attached hereto and incorporated herein, (the "Easement Property") to provide for the laying, installing, constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility lines, including all associated valves, pumps, fittings, meters, accessories and equipment on, over, under and across the Easement Property. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein by reference and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual easement for the purpose of laying, installing, constructing,'. maintaining, operating, inspecting, altering, reparing, replacing and removing water utility lines, including ' all associated valves; pumps, fittings; meters, accessories and equipment (the "Improvements") on, over, through, under, upon and across the . Easement Property. Grantee shall have. the right to: (a) remove from the Easement Property, any fences, structures, asphalt or concrete paving, parking, curbing or other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition .of such easement; and (b) make such alterations and improvements to the Easement Property as Grantee deems maybe necessary or useful in the exercise of Grantee's rights hereunder. Grantee shall also have the right of ingress and egress over, under, upon and across the Grantors' Property for purposes of access to the Easement Property. The easement also includes the rights and privileges to temporarily use, from time to time, additional space on the Grantors Property, where available and necessary, for equipment and materials necessary for the installation, repair and maintenance of the Improvements located in, under, upon, over, and/or across the Easement Property, to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted. 2. Obligations of Grantee. Promptly after the installation of the Improvements, but subject to weather conditions, Grantee shall restore the Easement Property; to the extent practicable, to the same or better condition as it existed prior to the commencement of the Project; provided however, that Grantee shall seed the Easement Property and shall not replace any trees that have been removed as more particularly set out in Section 1. Grantee, at its sole cost and expense, shall maintain, repair, replace and service the Improvements for the duration the Project is in place and operating. 3. Rights Retained by Grantor. Grantor shall retain unto thehnself the right to use the Easement Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions; or other improvements under and/or upon the surface of or over the Easement Property or perform any act which would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The immediately preceding sentence prohibits (among the other' prohibitions effected by it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of earthen mounds. 4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence, structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee). Grantor shall mowand care for the grass located within the Easement Property. Grantor shall not block, impede or interfere with the Improvements or Grantee's access to or use of the Easement Property. 5. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with the benefits thereof, shall run with the Grantors' Property and the Easement Property, inure to the benefit of Grantee .and its grantees, successors and assigns and shall bind Grantor and their grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and attorneys' fees). 6. Environmental Matters. Grantor covenants and represents that .to the best of their knowledge, neither the Grantors' Property nor the Easement Property is not presently the subject of, nor is there the threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or action. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee shall not increase the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the Grantors' Property or the Easement Property prior to the acceptance of this Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Grantors' Property or the Easement Property not created by Grantee. 7. Jurisdiction. Grantor and Grantee agree that any litigation associated with or arising from this indenture shall be filed with a court of competent jurisdiction within the State of Indiana. 8. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee associated with or related to the Grantors' Property or Easement Property. 9. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a waiver of any other default under this Agreement. Any remedy or election under this Agreement will not be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. 2 l0. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded, shall run with the Grantors'.Property and the Easement Property. 11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and all prior agreements, communications and negotiations between the parties, either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified, or amended only by a writing signed by the parties, and no agreement or consent of any other Persons shall be. necessary for such termination, modification, or amendment. 12. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 13. Notice. Any and all notices, demands, requests, subnussions, approvals, consents, or other communications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terms and provisoes, of this Agreement or pursuant: to law or otherwise, shall be in writing. All notices shall be either .(a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery.. All notices shall be addressed to the respective parties as follows: If to Grantee: City of Carmel One Civic Square Carmel, Indiana 46032 Attn° Carmel City Attorney With a Copy to: City of Carmel 30 West Main Street Carmel, Indiana 46032 Attn: Director of Utilities If to Grantor: Meridian Mile Associates .P� Q �C e� P �er✓'ct�S� LLC l� 7/! (address) (, ,,r e If 5:7/t/ q6 0 32 Any such notice will be effective three days after the notice has been deposited in the United States mail, as provided above, or if earlier upon receipt. 14. Severability: If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance, shall at any time or to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. 15. . Authority. The persons executing this instrument on behalf of Grantor hereby represents that they have the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action therefore has been taken. Grantor'further represents and warrants to Grantee that Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor guarantees the .quiet possession of the Easement Property to the Grantee; that the Easement Property is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor Will warrant and defend Grantee's title to the easement -granted hereby against all claims thereon. 16. Attorneys' Fees. In the event of any action or proceeding brow: lit by either party against the other ,under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' ,fees. IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. GRANTOR: Meridian Mile Associates, L.P., an Indiana limited partnership By: Printed: !.V' ��jd� / lji.OA Title: P(6o 4 GRANTEE: The City of Carmel By and through its Board of Public Works and Safety B/y.v. `�ames Brainard, Presiding, Officer Date: S By: Mary Burke, Member Date: By: Lori W on, Member Date- . . ate: .. 5 IuI STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Personally appeared before me this day James Brainard, Mary Ann Burke, and: Lori Watson, who having been duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works and.Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity. . WITNESS. my hand and notarial _seal, this day of , 2017. My Commission Expires: My County of Residence: STATE OF INDIANA ) SS: COUNTY OF iAVWN\1-0v1­, ) Signed Name: Printed Name: ASHLEY MARIE MOTE Notary Public : Seat State of Indiana -Hamilton County Gly Commission.Expires Nov 13, 2021 Before me, a Notary Public in and for the State of Indiana, appeared 1106A6,,6 6,,6 the Pr,tsidwVL_r . of Meridian Mile Associates, L.P. who acknowledged the execution of the foregoing Water Line Easement Agreement on behalf of said limited partnership. Witness my hand and Notarial seal this i.o day of 2017. .My Commission Expires: I'l'l y0ye kx ComNotary Pu is M County of ResidenceLhq6�� tri. [Printed] This instrument was prepared by and after recording return to: Tammy K. Haney, Keller Macaluso LLC, 760 3td Avenue SW, Suite 210, Carmel, IN 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to. redact each Social Security number in this document, unless required by law. Tammy K. Haney 6 EXHMIT A Grantor's Property WARRAIT� Y DOUR Tpjxb•I)10BNTUxz i1ITWE8567H,'1'71at 116th-Haridian Asaociutes, an lndinna Gonaral Partnersltipt ed Hamilton county, In the State of Winne, convoys and warrants to Meridian Milp Asaoe3azas, an Indiana limbed par.cnorship; of 11amilton County, in the state of Indinna, for 2:11a sum of Ona Dollar nad•ather valdnble eena.idaration, the following dancribed roil. tstaTa in Namiiton county, In. the State of Indiana:• - A part of the nouthwaat Quarte of 6oaticn Thirty give (35),Qowndltip ELght- , .xon 110) T1orus, Runge Thrce t3) ]rant in 7tnmilton Cotznt,y, InalanW, described ;:ts follows...Hagin at the Wowfaiea6L earnar of the UoutbRest'(ludrter of &action 35 •rownahip 18 'North, Range 3 Eamt) cult thenca Wes•L• along -the North lana of •t:hiu ouazter Seecio0 772.0' last to the intaraaction wlt7e the teat= line o£ t .U.S. Sighwsy 031; thence South along this center line 2625.75 :feet to the 3atoruaotion oliul the South Ifte.,of said Southwest Qusrter Saction; thence 'Gaut along thiu South lame 774.]. feet to the southeast corn or Or the. South - Giant ouar-ter of Section 350 Townuh1p 18 North,. Range 3 Saet, 'Wianoo 19arth en land along tha. Rejat lino of aoid'5outhweat Quartaix Section 2626.5 feet ,to iho 'EilItcej oE-bcg£.naingg MXCEtDW TAS, *M%oaxnat Part of :the..Seuthwout Q , uartsdf Section 35, Tovndbip 18 VOrth, 1kange 3 East,in Ralnilton County, %ndiana ba - ginning at ii:point 607.70 SQat,cant and 2S i*cet north of the Southwest eornor of the East llelf.of said Quorter Scetyoni waici point being the into*.dambion 69 the east r1VUL-of^way line of U.S. 'toad 31 sad the. nontb aright -of -w .line. 139 ,116th Sareat is the same arc now autabiiahod; turning 4�lance Hoxtb along .Che enut right-of-vay lineof t7.8. Road 31 a diatance of 175 fact; thence Eats' Parallel to 118th threat a d1s;tduce of 173 font; thence tooth parallel to U.S. ! Cad 31 a distance of 175 faint; thenen west along t lets, north tins of. 116th dtreat a distance o£ 175 feet. to the place of be r� inning. 31Nfi rACh kW -z hart I mE t3in East -Half of the Southi9est Quarter of Section+•35,Township 18 Nsartb, hangs 3 sant• in HatAIEon Costnty,• Indilnta, more paxLictalaxly ''dns6xi-lied ep followae commencing -at tha'listaxanciion Ot the canh.craine or U.S. Hdghway 4AI me locatad by I.B.R.o. ptallminaxy plans for Vxojaot P-•222 (9). data$ 1968 (revised ,Tanuary 19, 1970) , and the. South linea. of the East ltal;E of the §nutbHaalb-Qusxtar of Section- 35, Township 18 North,. Mange 3.East :198:93 feet �ort]t B8 dagreea 37 minuton 30 seconds N(assumed (assud bearing) of the South - worst 'corner of the East hall of said southwent Quarter, tliooce. laortb an 5agreas 32 i,i Uhlan 30 nocondo East on and along said South 11nd 103.00 tact %o thq beginning ,dint of thim aeearipticn1 thanee Vovth•00 tingroun 05 minutes t 35 aeeonda went parzIlel with U.S. highway, 1131, eentL,':cjina ufoxeuaid 200.00 1 -Mat; thence South B0 degimah 3? minutes 30 secondn Went Parallel with Said South ,tine 30.00 fact to the East 1Snti-L44 access .right-ei-say ling For U.S. uighw_ay i31, 'as located by said S.SX.C. pialiminary plana Ear project• r-222 -{9) - thence tfox;Lh 00 dag>:ano 05 minutes 35 sc8onds Wont' on 'and. along oalA limited accana ri0hL-e+1•-way 11na 95.510 feet; thence Worth 08. dagraea 32 mixt- titan 30 seconds Vast 11 ara1.101 wlth the South'lino of said Southwest otinrtar i 11130 -DO fent; t7ranca 56.14-b Do ©egroos 05 m1nutcs 35 s©condz East pparallel: with ms, . . Highwalr $31 centerline aforesaid 295.00 feet to the South Sine:aforaftid; 3;henca southh 89 degrees, 32. minutes 30 seconds 19enL• tin and along amid South i Aine 222.4.0 font; to etre •baginning point. AND EXCEPT- A ,Sant. of tNe 0013thwent auatter of Section 35•, TeswnahAV 1B'North, Range 3 Last, HatniltonCounty, , rvidiana,--deserihad•am Yollow"t Beginning at the intersection of •the East FMund.%7-dlU.S. Stone 331 -and the Horth lino of said Quarter Eeeti•on.5outh 08 oegr"a 2.4 minuta0 05 seconds Wast 772.00 feet from tha Northeast eornor of tadd auarter. Section ' tbCT1Ce No=Y�1 08 singa;enn :L4 .7n3,nutes OS• secon8s East 14.35.57 feet along as c1 11crel line; thence South 0 degreoa 13 minutes 30 Keconaa Eatst 2425.5.4 beet to a South line•of the ownoxse lnndi, thanom South t 110.dagraes 24 minute -4,05 seconds West. 137.04. LPnet along s.eid South line to h -ha East honndnry of U.S. Aced 0311 tbunce Worth O'degrees 13 minutia 30. eseconda Want -2345.86 xaat along'sis'id East bout; aryj thance along %said bound- ary llcrtharly 70.75 feat along in arc, to khe right and having, a radius of .050. BG Aiet ettd subtended by a long chord having,a.,baoring o1" North 0.do- •troca 59 minutas 17• aeconr7N coat a length of '10•.74 eat to tthq point of oeginning. rrlil11n1Gumtnl0eictdtd IJilt - MA11Y l.' ClAR1G'ltEC0A0 ;UM i0H�0U , JNO. - ;ubjeaL• to all eanamenta, righen-of-wa.y and re5L•ric-Li0ns o r000 �s „r,rjvrr3 �i•-L',-.L.r..i^..a...e,•..�': ,,arra, �""" �ers�•`•mt,A. ccp[+°�'n".•'.-�•c�G•/JG� rX�, 4!% it•'tr7ly�.•x•.ti : •+.: 4:' •.. `.(JC1G UW?'�t?=n+f f.�r•" O�-C.� ' j rGs�.u• .'rJ,-.,.fes• $'.J. aCrAsino.(+VrT_;[ /„�,+-t, ,�,�.�,•�'' 7 _ . LACARMEL.4511Cont660695436inTiansmission Main10011Easemcnd2017WcridionMile Assoc,docx 7of10 sooic R . -OAGptvr.., Ap ' IN WITNESS T111RHOP. Grantor Itus; axocuted Uila dead this day oft}I 116th-Moridian Associates, an Indiana Gdoeral.,Partnorship -.7 in ' GSnera partner t $TATE Op 1710LANA Before me, the dadersirned, a notary public in and For sold county and state, personnllpp appeared tl(o xlthIn naned Flichuel 0. Browning, 'who uc%ndxledgad the exacution of tho Earogoing 0eod to be his valuntary net mnA dead. N.VNBBG W NAND AND NOTARIAL REAL, this'jk daj, of, 1982. .j�.;•� �. Hatary"Public .t ; 11y•0omnlsslon Exp ed: ' -``..,�:1 ''�•'• •r � . !� 1982• ':. ..:.,, / _ Tit lmhumcat tl(cn(ded 0 { CDUR , I110: W L. CLARK On. m Cooaty of Residence: sWin,~ rn m to-�� mm Q 0' • G. ry �. :mhis Instrument prepared by; p. Rieitard'Reobusch, Attorney dt Lax. " .^-L�[9-IPjm+-1dilay�01=110HGLY,EgIludtar oa0I^; > 64 LACARMEL451XCon(660695436in1'ransmissinnMainl00HEnsemenl1201T1Moridian'Mile Assoc.doox 8af10 9 N 0 c - R to: m `ht S" PROPOSED 25 ATB LINE PART OF 7HE 8W. CF 5'[C 35_T994_ aE . . v CLAY �9 OOUNIY,WDIANA a 3 r1 M _ 1 NORTH UNE OF S.W. QUARTER 589'10'14'W 241'72' _y. - =, OF.SEC. 35-71SN-R3E {. C_. IN L HOTEL LLC . NE coRNER X2007-21738 . POE S.W QUARTER o f N8970'14`E 344.88' T18NN 35 —R3E T18N o _ 25' WATER UNE T / . • 620. SQ.FL 0.20v/0A SO('45'37'W - '�'' 'S89'10'1,cw 8' i 25.01* 75.00- 5.00 MERIDIAN, MILE ASSOC MERIDIAN. rES L.L.P., D.B. 331 PAGE 15 —157 y WEST 3R PER LS.H.C: PLANS FOR 1 1 r• PROJECT F-222(9) DATED 1968 WEST UNE OF A TRACT +` Q� •�STfl �p'c �•'>,�s m PER INS1R #2003-20985 OF REAL ESTATE DESCRIB �_!� - NO• 11/j ti DV INSTR #2007--61756 _ =_Y €LS20400007'�'=_ p GRAPHIC SCALE. S$TE OF .-' � o z 0 25' 50' 100' " SCALE : 1" = 50 /V 11/9/2011 . .. R.L.S. 1520400007 'THIS DRAWING IS NOT INTENDED TO BE REFRESENTED ASA RETRACEMENT OR AN Ali 8 WIDERSURVEYING SNC s ORIGINAL 80UNDARY; SURVEY, A ROUTE rroBLEMLE 6 SURVEY OR A SURVEYOR LOCATION POB - POINT' OF BE NTNG M I (317) 773-� FAX 773-2694 REPORT' (D) - DEEDED DIM ON I.CrAR : Parr Of THE S.W. QUARTER DMAN BY: UM =M BY: MA o THIS SURVEY IS NOT. COMPLETE AND/OR' (M) -' MEASURED DI SION SM 35-11BN-WE. CLAY TDWNSMP• SCAlE: 1' .. 50' FWBDQiC wuwTON cDUW WDwu vauo vrm lour BOTH PAGES. N A WE: 08/16/2011 FILE � 'JOB IRDIBER SIQiV•Y 4'FRE � PAGE OF 2 : JON6 8 171dNFfRPIG DEsclaPnD 25' WATER -UNE EAMIENT 633632D I EXHI®rr ABA PROPOSE® 25 WATER UNE EASEMENT PART OF THE B.W. QUARTER OF: SEC 65 -M -ME CLAY TOWNSHIP, RWLTON COUMY, QmIANA LAND DESCRIPTION DESCRIPTION OF REAL ESTATE PART OF THE .SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 18 NORTH, RANGE 3EAST IN HAMILTON COUNTY, INDIANA, BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE. SOUTHWEST QUARTER OF SECTION _35, TOWNSHIP 18 NORTH, RANGE 3. EAST; THENCE SOUTH 89 DEGREES 10 MINUTES 14 SECONDS WEST (ASSUMED BEARING) 241,72 FEET ON THE NORTH LINE OF SAID SOUTHWEST QUARTER SECTION AND THE NORTH LINE. OF A TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT. NUMBER 2003-20986 AND TO THE POINT ;OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 21':MINUTES 39 SECONDS WEST 25.01 FEET ON THE WEST LINE OF A TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2007-61756; THENCE SOUTH 89 DEGREES 10 MINUTES 14 SECONDS WEST 344,68 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. 31 AS LOCATED PER I.S.KC. PLANS. FOR PROJECT F-222(9) DATED 1968 AND DESCRIBED IN INSTRUMENT NUMBER 2003-20986; THENCE NORTH 00 DEGREES 18 MINUTES •13 SECONDS EAST 25.00 FEET ON THE EAST RIGHT OF WAY LINE OF U.S. 31' TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES. 10 MINUTES 14 SECONDS EAST 344.88_FEET ON THE NORTH. LINE OF TH SOUTHWEST QUARTER OF SAID SECTION TO THE POINT OF BEGINNING; CONTAINING- 0.20 ACRES MORE OR LESS THE WITHIN PLAT AND SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE POLICY AND ARE THEREFORE SUBJECT TO ANY STATEMENT OF FACTS REVEALED BY EXAMINATION OF SCHEDULE "A" AND SCHEDULE "B" OF A TITLE POLICY. ' THIS SURVEY PLAT HAS BEEN PREPARED FOR USE ON THIS PARTICULAR PROJECT AND FOR THE EXCLUSIVE USE OF THE PERSON(S) OR ENTITY HEREON NAMED, AND IS NOT CERTIFIED TO OR TO BE USED BY ANY OTHER PARTY. THE EVIDENCE, POSSESSION, OWNERSHIP, CONDITIONS ETC. COULD CHANGE CONSTANTLY AND THE USE OF THIS SURVEY IS LIMITED'ONLY TO THE DATE INDICATED HEREIN. THE LOCATION Of THE TITLE LINES AND CORNERS ARE SUBJECT TO THE EVIDENCE FOUND,IN THE PERFORMANCE OF THIS SURVEY. ADDITIONAL= EVIDENCE PRESENTED TO MILLER SURVEYING, INC. MAY ALTER THE LOCATION OF THE TITLE. LINES AND CORNERS. THIS SURVEY IS NOT COMPLETE AND/OR VALID WITHOUT BOTH PAGES. .THIS DRAWING IS NOT. INTENDED TO BE REPRESENTED AS A RETRACEMENT OR AN ORIGINAL BOUNDARY SURVEY, A ROUTE lzv SURVEY OR A SURVEYOR LOCATION REPORT" LOCATION: PAA THIS SURVEY IS NOT COMPLETE AND/OR SEC. 35-TIBN NAAILTON Co VALID WITHOUT BOTH PAGES.. FIELD WORK. C 005 0 ES PAQE 2 OF 2 DESCRIPTION: IN J�````�` `1� 1i,4 =e �`sTeRFoyaG _ No. ;cna x-LS20400007" m STALE OF ltlpllllllllll\�� 11/9/2011 INC, 26' WATER UNE EASEMENT I B33632D L:ICARMEL4511Cont66005436fnTmnsmissionMnin\OOREnscmcnt120171MclidialMile Assoc.docx 11 IOof10 Code N/A APPRAISAL REPORT 04/08 ❑ Value Finding ® Short Form ❑ Long Form ® Partial Acquisition ❑ Total Acquisition Page 1 of 50 Type Commercial Des # N/A Indicate: (Residential, Commercial, Bareland, Farm, Special, Industrial) Location 11911 Meridian Ave. N., Carmel, IN 46032 Parcel 1 Owner Meridian Mile Associates Phone Unknown Road Meridian Street Address 11711 Pennsylvania St., N: Carmel, IN 46032.010 County Hamilton ❑ Tenant ❑ Contract Buyer .N/A Phone Address Land Before: 4.67 Gross Acres After: 4.67 Gross Acres Acquisition N/A Temp. R/W N/A Perpetual 0.20 PER None in Acquisition Access N/A i cemty mat, to me nest of my Knowieage ano oeuet: That I have made a personal observation of the property that is the subject of this report and that I have made a personal field inspection of the comparable sales relied upon in making said appraisal. The property being appraised and the comparable sales were as represented or referenced within the appraisal. That the statements of fact contained in the report are true and correct That l understand that such appraisal MAY be used in connection with the acquisition of right-of-way for a project utilizing Federal funds. That such appraisal has been made in conformity with appropriate laws, regulations, policies and procedures applicable to the appraisal of property for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of such items which are non -compensable under appropriate established law. That this appraisal assignment may have called for less than.would otherwise be required by the specific guidelines of the Uniform Standards of Professional Appraisal Practices (USPAP), but is not so limited in scope that it may tend to mislead the users of the report, or the public. That I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. That my engagement in this assignment was not contingent upon developing or reporting predetermined results. . That neither my employment nor my compensation for completing this assignment iscontingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which said property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, was disregarded in determining the compensation for the property. That the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. That I have no direct or indirect present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved; or in any benefit from the acquisition of such property appraised. That the owner or a designated representative was afforded the opportunity to accompany me on the property inspection. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the Acquiring Agency or officials of the Federal Highway Administration and I will not do so until authorized by said officials or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. That I have not given consideration, or included in my appraisal, any allowance for relocation. assistance benefits. That no one provided significant real property appraisal assistance to the person signing this report with the exception of those signing below. That my opinion of fair market value for the property to be acquired and residue damages, if any, as of the 1st day of March, 2017 which is the effective date of this appraisal is $64,700 based upon my independent appraisal and the exercise of my professional judgment PRIMARY APPRAISER Signature (� Named Typed Stephen A. Traynor Indiana Certified General Appraiser # CG40700621 Broker # N/A Date:. March 2, 2017 ASSISTED BY Signature Named Typed Indiana Licensed Trainee Appraiser Date: SUMMARY. BEFORE VALUE: Observed $ 4,242,300 AFTER VALUE: Observed $ 4,177,600 Land Taken $ 64,700 Land Improvements $ N/A Improvements $ N/A Cost -to -Cure $ N/A Damages to Residue $ N/A Temporary R/W $ N/A TOTAL DUE OWNER $ 64,700 PRIMARY APPRAISER Signature (� Named Typed Stephen A. Traynor Indiana Certified General Appraiser # CG40700621 Broker # N/A Date:. March 2, 2017 ASSISTED BY Signature Named Typed Indiana Licensed Trainee Appraiser Date: