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P35SA G&T CompanyDULY ENTERED FOR TAXATIOO _Ht to final acceptance for transfer ay of .2: 20. O Parcel Auditor of Hamilton Coury I 10 10 3 t -oo-c -b1(p. of QUITCLAIM DEED 20090 6/113 J ennif er 00J N yd s 54A CLAIM $21.00 Recor as Presented S County Recorder IN d THIS INDENTURE WITNESSETH, that MERCHANTS 450 LLC, a Delaware limited liability company, with offices at 31500 Northwestern Highway, Suite 300, Farmington Hills, Michigan 48334 (Grantor), QUITCLAIMS to the CITY OF CARMEL, a properly incorporated political subdivision of the State of Indiana, located in Carmel, Indiana, with offices at 1 Civic Square, Carmel, Indiana, 46032 (Grantee), for the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN Subject to Real Estate taxes not delinquent, parties in possession and to any and all easements, agreements, restrictions and other matters of record. Notwithstanding anything herein to the contrary, this is a quitclaim deed and it contains no representations, warranties or covenants whatsoever. Tax bills should be sent to Grantee at such address unless otherwise indicated below. OAKLAND. 1707859.1 [Rest of this page intentionally left blank; signature on next page.] 2009. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed this �l` day of Q 0.4 STATE OF MICHIGAN COUNTY OF .04,e( A This instrument was prepared by: OAKLAND. 1707859.1 GRANTOR MERCHANTS 450 LLC, a Delaware.' d liability company tha in By:t�,�. Name: Title: 7 A, ET MANAGEMENT ss. The foregoing instrument was acknowledged before me in 04X(9)/2 County, Michi this25 u dav of c i e PTE rr?BR 2009, by MICHAEL J. SULLIVAN, the NIUR VICE ASSFTMANAGFMFNT of Merchants 450 LLC, a Delaware limited liability company, on behalf of said limited liability company. Send Tax Bills'To: CITY OF CARMEL Grantee's Address: 1 Civic Square, Carmel, Indiana, 46032 Vincent Kuebler, Esq. Honigman Miller Schwartz and Cohn LLP 38500 Woodward Avenue, Suite 100 Bloomfield Hills, Michigan 48304 I affirm, under penalty of perjury, that I hav- reas in this document, unless required by law. IDENT 4 G-e.Z.,/ Le-76,_,/ Print name: n�rHy 3FA, 5 Notary Publi State of Michi6 County of 011 (It AJD My commission expires NO -9 D/ f Acting in the County of 4/2,E'L 4WD i jje care to redact each Social Security number A part of the South Half of Section 31, Township 18 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of the South Half of said Section 31, a distance of 2,847.20 feet; thence North 00 degrees 10 minutes 00 seconds West 19.00 feet; thence North 75 degrees 16 minutes 00 seconds East 103.30 feet to the Northerly right -of -way line of 116th Street; thence North 89 degrees 01 minute 00 seconds East on said right -of -way line 350.00 feet; thence North 86 degrees 58 minutes 00 seconds East on said right -of -way line 100.10 feet to its intersection with the Westerly Limited Access Right -of -Way Line of Indiana State Road No. 431 (a/k/a Keystone Avenue); thence Northerly on said Limited Access Right -of -Way Line the following four courses, North 44 degrees 13 minutes 00 seconds East 150.30 feet; thence North 02 degrees 05 minutes 00 seconds East 301.50 feet; thence North 00 degrees 41 minutes 00 seconds East 572.80 feet; thence North 87 degrees 16 minutes 00 seconds West 51.10 feet to the Southeasterly corner of a parcel of real estate conveyed to Ben Mar, LLC, per a Special Corporate Warranty Deed recorded as Instrument Number 200000063501 in the Office of the Recorder of Hamilton County, Indiana, said corner being on the Northeasterly line of a non exclusive Utility Easement and Right -of -Way line for a roadway known locally as Keystone Way East, as said right -of -way was dedicated to the City of Carmel, Indiana, per a document titled "Acknowledgment of Dedication and Acceptance" recorded as Instrument Number 3688 on pages 493 through 497 of Miscellaneous Record 159 in said Recorder's Office, said line being also the Northeasterly line of a parcel of land described as "Tract A" in a conveyance to the City of Carmel, Indiana, for the use and benefit of its Department of Redevelopment, per a Limited Warranty Deed recorded as Instrument Number 200100050090 in said Recorder's Office, said corner being the PLACE OF BEGINNING of the within described real estate and also lying on a non tangent curve concave to the southwest, the radius point of which lies 325.00 feet South 59 degrees 27 minutes 50 seconds West from said corner; thence Northwesterly, curving to the left on said curve and the Northeasterly line of "Tract A an arc distance of 19.69 feet to the point of tangency of said curve at a point that is 325.00 feet North 55 degrees 59 minutes 32 seconds East of the radius point of said curve; thence North 34 degrees 00 minutes 28 seconds West on said Northeasterly line 54.03 feet; thence North 56 degrees 04 minutes 13 seconds West on the Northeasterly line of said "Tract A" parcel, a distance of 44.84 feet; thence South 79 degrees 51 minutes 00 seconds East 35.09 feet to a point that shall be designated as Point "A thence North 67 degrees 10 minutes 57 seconds East 52.58 feet; thence North 47 degrees 44 minutes 08 seconds East 71.19 feet to the aforesaid Westerly Limited Access Right -of -Way Line of Indiana State Road No. 431; (the following three courses are on the Westerly Limited Access Right -of -Way Line of Indiana State Road No. 431) 1.) South 03 degrees 07 minutes 00 seconds West 50.60 feet; 2.) North 86 degrees 58 minutes 00 seconds West 50.00 feet; 2.) South 02 degrees 53 minutes 00 second West 100.80 feet to the PLACE OF BEGINNING, containing 0.098 acres, more or less. OAKLAND. 1707859.1 EXHIBIT A CITY OF CARMEL BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 35SA COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER Ramco Gershenson, c/o Sandy Grysco, Property Manager 31500 Northwestern Highway, Suite 300, Farmington Hills, MI 48334 PHONE 248.592.6532 NAME ADDRESS OF PERSON CONTACTED Sandy Grisco, Property Manager 31500 Northwestern Highway, Suite 300, Farmington Hills, MI 48334 PHONE 248.592.6532 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 12/1/08 DATE OF CONTACT 12/2/08 TIME OF CONTACT 5:00 pm OFFER 89,575.00 TYPE OF CONTACT: PERSONAL VISIT, (X) TELEPHONE CALL, (X) MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. YES Checked Abstract with owner? 2. N/A Any affidavits taken? 3. NO Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. NO Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? REMARKS: Sandy Grysco telephoned in response to a message I had left the previous day. I explained that I am assisting the City of Carmel with the acquisition phase of the Keystone Parkway project and need to present a monetary offer for the relocation of a sign located within the proposed right -of -way. Ms. Grysco confirmed ownership of the sign and a mailing address. Consequently, the offer and related information were mailed via "Certified, Return Receipt Requested" on December 5, 2008, with a date of delivery of December 8, 2008. Included within the packet were the following forms /documents: the introductory letter, the booklet, "ACQUISITION, Acquiring Real Property for Federal And Federal -Aid Programs and Projects the form acknowledging its receipt, the Confirmation of Opportunity to Accompany Appraiser on Inspection, the Statement of the Basis for Just Compensation, the Appraisal Report, the Uniform Property or Easement Acquisition Offer letter, the Quit Claim Deed with Exhibits "A" and "B the Sales Disclosure Form, the Accounts Payable Voucher, the Request for Taxpayer Identification Number and Certification (Form W -9), and the "Owner's Private Appraisal Letter The Uniform Property or Easement Acquisition Offer letter, in accordance with I.C. 32- 24 -1 -5, provides Status of Parcel: (X)- Secured, Condemned, -Other (Explain) Distribution Made: (X) Parcel Owner Weekly Summary State Form 2601 (R2/3 -91) Attorney Other (Specify) 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W -9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. YES Written Offer? 16. YES Land Acquisition Brochure? 17. N/A Retention Letter? 18. YES Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. YES Copy of Conveyance Instrument? 22. YES Owner's Appraisal Letter? 23. N/A Brochure, "Relocation You 7/3:41-)1 AL1/A, Signature) Gina M. Hansen Page 1 of 2 BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 35SA COUNTY Hamilton CODE N/A REMARKS (Cont'd): only 30 days from its receipt to accept or reject the City's offer. The 30 days may be waived and the offer accepted or rejected now or at anytime during this period. It was also indicated that the legally protected rights and options under Indiana's eminent domain law are set forth on page two of the Uniform Land or Easement Offer Letter, as well as within the booklet, "ACQUISITION, Acquiring Real Property for Federal and Federal -Aid Programs and Projects It was explained that typically, the City makes payment within 90 days after receiving the secured parcel file from the consultant and Indiana law dictates that possession of the property will transfer to the City thirty (30) days after payment is received. The introductory letter mailed in conjunction with the offer explained that the project is to improve N. Keystone Parkway, 116 Street, and Carmel Drive. More specifically, a portion of the land, where the sign is currently situated, is being acquired as permanent (fee simple) right -of -way. The outdoor advertising sign requires relocation. As explained in the form, "Owner's Private Appraisal Letter the owner or a representative may submit an independent appraisal for review at their own expense. The forms /documents requiring signatures and notarization were indicated. Ms. Grysco was encouraged to call with any questions or to schedule an appointment. 1/6/09 (1:20 pm) I spoke with Ms. Grysco and she stated that she was sending out the man who oversees the property to look at it. 2/9/09 (8:25 am) Chris Bartholomew (248.350.9900) called and I explained that the offer had been forwarded to Sandy Grysco. He is to check on it and let me know. Jeremy Kashman with the City of Carmel worked directly with the owner in securing the parcel. State Form 20625 (R/5 -90) 1z( gnature) Gina M. Hansen Date