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P32 Hurd Indiana LLCINSTRUCTIONS: CLOSING STATEMENT Sign all copies. Keep one copy for your records. Return two copies in the enclosed stamped return envelope. Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information on every real estate transaction. The information provided below, except for the tax identification number, is adequate information to provide to a tax professional. FEE OWNER: Hurd Indiana LLC ADDRESS: 2375 E. 11e Street DESCRIPTION OF PROPERTY: a part of Lot 4 in Merchant's Pointe subdivision, S6, T17N, R4E, Hamilton County PROJECT: Keystone Parkway PARCEL: 32 COUNTY: Hamilton SETTLEMENT: I (we) certi e s.is t,e and corr_ nd I (we) are in receipt of check. Fee Owner(s) Signature Date $66, 803.00 Signature Date STATE OF IOWA ss: COUNTY OF POLK follows: The undersigned, Richard W. Hurd, being first duly sworn on oath, does depose and state as 1. I am the sole Member and the sole Manager of Hurd Indiana, LLC. 2. Hurd Indiana, LLC owns certain real estate legally described as Lot 4 in Merchants' Pointe Subdivision, Carmel, Hamilton County, Indiana (the "Property"). 3. The City of Carmel is acquiring a certain portion of the Property described on Exhibits A and B attached hereto (the "Condemned Parcel through a condemnation proceeding in connection with the Keystone Parkway Project. 4. The City of Carmel has agreed to pay Hurd Indiana, LLC to sum of $66,803.00 as compensation for acquisition of the Condemned Parcel and other damages arising out of the condemnation proceeding (the "Condemnation Payment 4. I am personally familiar with the lease(s) relating to the Property. 5. No tenant or other third party has any right in or to the Condemnation Payment. 6. The above is true and correct to the best of my knowledge and belief. Dated this' May January, 2010. AFFIDAVIT Richard W. Hurd Signed and sworn to before me by Richard W. Hurd on this Pr day of January, 2010. SARA MURPHY Commission Number 748920 My Commission Expires September 14, 2010 By: Notary Public DULY ENTZRED FOR TAXATION Subject to final acceptance for transfer day ofraa8A 20 ro Auditor of Hamilton County Project: Keystone Parkway PaCCel 0; z- /cA.) Parcel: 32 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Hurd Indiana, LLC, a limited liability corporation (the "Grantor conveys and warrants to the City of Carmel, Indiana (the "Grantee for the sum of Sixty -Six Thousand Eight Hundred and Three and NO /00 Dollars ($66,503.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana (the "Property See attached Exhibit A and Exhibit B, which are attached hereto and incorporated herein Subject to easements and other restrictions of record. It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all real estate herein described are conveyed in fee simple and not merely for right of way purposes and that no reversionary rights whatsoever are intended to remain in the Grantor. The undersigned person executing this deed represents and certifies on behalf of the Grantor that he /she has been fully empowered and authorized to execute and deliver this deed and that all necessary action for the making of this conveyance has been duly taken. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this Yr day of Ules 2010. GRANTOR: Title: By: I� HURD INDI LLC, an Iowa limited liabil' core ado! Printed: Richard W. Hurd President 2010005070 WARR DEED $25.00 02/02/2010 11:44:14A 5 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented EXEMPT FROM SALES DISCLOSURES STATE OF IOWA SS: COUNTY OF POLK Before me the undersigned, a Notary Public in and for said County and State, personally appeared Richard W. Hurd the President of Hurd Indiana, LLC, who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. My Commission Expires: County of Residence: Polk 15S5006v1 NOTARY CERTIFICATION WITNESS my hand and Notarial Seal this 1C1 day of l 10 2 4 SARA MURPHY Commission Number My Commission Expires ow September 14, 2010 2010. Lt A ll LI. (1-ek. mi1,a_196-y Notary Printed Name This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Douglas C. Haney. EXHIBIT "A" Project: 07-08 Parcel 92 Fee Simple wiUhFuULinitadonmfAccesx Key No. '17 A part of Lot 4 in Merchants' Pointe Subdivision, the plat of which subdivision is recorded in Plat Cabinet 2, Slide 606 in the Office or the Recordcr of Hamilton County, Indiana and being that part of the grantor's )and lying within the right of way lines depicted on the attached Right of Way Parcel Plat, zuudkcdE){H0BlT ''BT', described as follows: Commencing at the :southeast comer of said Lot 4; thence North 00 degrees 40 minutes 40 seconds East 15.20 fee along an cast ]inc ofsaid Lot 4; thence 'North 02 degrees 54 minutes 03 seconds West 152'83 feet along uu easterly line of said Lot 4 Vu the point v( beginning, duoiA/xumd as point '554" ori sad plat; tliencc North 24 degrccs 27 minutes 51 seconds West 56.72 feet to point ~555"; designated on said plat; thence North 41 degrees 48 minules 18 seconds West 55.23 fcct along to point "941" designated on said plat; thence North 65 degrees 57 minutes 26 seconds West 74.33 feet to a point on the north line of said Lot 4, designated um point ^^556" ou said plat; thence- South 89 degrees 54/nioutuo34 seconds East 39.|) feet along said north line to auorthexst corner of said lot; thence South 48 dcgromo`52 minutes 58 seconds East 115.05 feet along a northeasterly line of said lot to an eastern corner thereof; thence South 02 degrees 54 minutes 0] seconds East 47'42 feet along the east line of saki Iouothe point of beginning and containing 1,661 square feet orO-0J0 acres, rnore or less. TOGE[HB.R with the permanent extinguishment nf all rights and easements o[ingrcoSand egress to, from, and across the limited access facility (to be known as Keystone P to and from thc grantor's abutting lands along the lines described as follows: The 56.72'0uot,'dho 55.23' foot and the 74.33-foot courses described above. This restriction shall be a covenant cuuuiogvvlUb the land and shall be binding on all successors in title to the siid abutting lands. &U bearings in this description. which are not quoted from previous instruments are based on the bearing system for City of Carincl Project 07-08. L ux u vo` This description was prepared for the City of Carmel by Tracy L. McGill, Indiana Registered Land Surveyor, License Number LS205U0009,00 the 4~cm of September, 2008. Revised 01.07.2009 (12 05 0 [1 00 C 11 r14 STATE OF I Sheet |ofl i5+00 12,20 EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN STRUCTUREPOINT INC. E. 116TH Stree 31.42' I Platted 15' 'Utility and Sewer Easement LOT 4 WOW" MERCHANTS POINTE 11 SUBDIVISION 1 c c o I PLAT CABINET 2, SLIDE 606 I Residue "A" Plotted Access Easement Line "S-6-E" Platted 20' O. U. j.....Esmt. 60' Easement for Indiana Gas Company, Inc, Inst. No. 8525733 Platted .30' Landscaping, Drainage, ond Utility Esrnt. 5.20' 20 00 0 0 SHEET 1 OF 2 0 50' 100' S CALE: 1" r--100' Revised 01.07,2010 HATCHED AREA IS THE APPROXIMATE TAKING Merchants Pointe Associates, LLC PARCEL: 32 OWNER: PROJECT: 07-08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 6 TOWNSHIP: 17 NORTH RANGE: 4 EAST THIS PUT W PR PARED FROM PUBLIC DOCUMF DRAWN BY: WE CHECKED BY: TLM INSTRUMENT NUMBER 200100015729, DATED MARCH 28, 2001 S AND NOT CHECKED BY AFEDSURVEY, Point North East Station Offset 34 36 See Location Control Route Survey Plat 37 554 20639.5071 13572,1158 493+50 E.PJW(102.15')Lt. E 555 20691.1312 13548.6284 18+75 134.00' Rt. S-6-E 556 20762.5739 13443.9506 17+70 Ex R/W(63.03') Rt. S-6-E 941 20732.2982 13511.8143 18+38 Ex.kAV(93,00') Lt. S-6-E EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN STRUCTUREPOT POINT REFERENCE CHART (Feet SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" recorded as Inst. No, 200200088040 in the Office of the Recorder of Hamilton County, Indiana, incorporated and made a part hereof by reference, comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12 ("Rule 12"). 1 2- 5 Revised 01.07,2010 Tracy L. McGill Reg. Land Surveyor No. LS20500009 State of Indiana N( L. lin No. 120500009f STA11: OF SHEET 2 OF 2 11/1 vNV 61VA NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: Merchants Pointe Associates, LLC PARCEL: 32 PROJECT: 07-08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 6 TOWNSHIP: 17 NORTH RANGE: 4 EAST DRAWN BY: DJE CHECKED BY: TLM AMERICAN STRUCTUREPOINT, INC PR NO. IN20030661 THIS PLAT WAS PREPM.ED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY)/