P36 SDMBR LLCTHIS INDENTURE WITNESSETH, That SDMBR, LLC "Grantor conveys and
warrants to the City of Carmel, Indiana "Grantee for the sum of Seventy -Seven Thousand
One Hundred Ninety -Five Dollars and Fifty Cents ($77,195.50) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the following
described real estate in Hamilton County, State of Indiana:
See Exhibit A and Exhibit B, which are attached hereto and incorporated herein
Subject to any and all easements, agreements, restrictions and other matters 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 (excepting any
parcels or portions thereof that are specifically and expressly designated as easements or
temporary rights of way) are conveyed in fee simple and not merely for right of way purposes.
and that no reversionary rights whatsoever are intended to remain in the Grantor.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this
1 day off), 2009.
GRANTOR:
SDMBR, LLC
G Ar./VP
Name Printed:
By: a
l l�(.
i.t
Title:
DULY ENTERED FOR TAXATIONL-
Subject to final acceptance for transfer
9 day of 2e1)- 201
C Auditor of Hamilton County
Parcel R lw
WARRANTY DEED
20 09067219 WARR DEED $24.00
11/19/2009 10 :56:20A 5 PGS
Jennifer J Hayd
HAMILTON County Recorder IN
Recorded as Presented
Project: 07 -08 (Keystone Parkway)
Parcel 36
STATE OF 14-AAA
SS:
COUNTY OF /LC)
Before me the u�d a Notary Public in and for said County and State, personally
appeared f 'ti�jL (`'�-lLl-t,.,1 4 of SDMBR, LLC, who acknowledged the execution
of the foregoin Warranty Deed for and on behalf of such Grantor, and who, having been duly
sworn, stated that the representations therein contained are true.
1393082
Oc1br
WITNESS my hand and Notarial Seal this c)fl"day of-May, 2009.
My Commission Expires:
County of Residence: tt i(
Marsh J. maids
Notary a Indian
Marion County, Comnassion 0516114
My Conaduko £*ss Apa 18.2010
Send tax bills to: One Civic Square, Carmel, Indiana 46032
Notary Signatur
I
Notary Printed Name
This instrument was prepared by Alan S. Townsend, Bose McKinney Evans LLP, 111
Monument Circle, Suite 2700, Indianapolis, Indiana 46204.
After recording, return deed to: Alan S. Townsend, Bose McKinney Evans LLP, 111
Monument Circle, Suite 2700, Indianapolis, Indiana 46204
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. Alan S. Townsend
Exhibit "A"
Project: 07 -08
Parcel: 36 Fee Simple with Full Limitation of Access
Key No.: 16- 10- 31- 00 -00- 010.000
16- 10- 31- 00 -00- 010.001
A part of the Southeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton
County, Indiana, and being that part of the grantor's land lying within the right of way lines
depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B described as follows:
Commencing at southeast corner of said section; thence North 89 degrees 54 minutes 34 seconds
West 1,263.95 feet along the south line of said section to the prolonged east line of the grantor's
land; thence North 0 degrees 05 minutes 26 seconds East 42.83 feet along said east line
prolonged to the north boundary of 116 Street; thence continuing North 0 degrees 05 minutes
26 seconds East 23.16 feet along the boundary of said 116 Street; thence North 89 degrees 54
minutes 34 seconds West 13931 feet along said boundary to the point of beginning of this
description designated as Point "564" on said parcel plat: thence continuing North 89 degrees 54
minutes 34 seconds West 49.48 feet along said boundary; thence North 41 degrees 30 minutes 14
seconds West 58.67 feet along said boundary to the east boundary of Keystone Parkway; thence
North 1 degree 15 minutes 24 seconds West 47.03 feet to Point "563" designated on said parcel
plat; thence South 44 degrees 28 minutes 43 seconds East 127.58 feet to the point of beginning
and containing 0.072 acres, more or less.
All bearings in this description which are not quoted from previous instruments are based on the
bearing system for City of Carmel Project 07 -08.
This description was prepared for the City of Carmel by
Tracy L. McGill, Indiana Registered Land Surveyor,
License Number LS20500009, on the 4 day of September,
2008.
EXHIBIT
A
101
12050000
STATE OF sO
1
ry AND I A N „P�yO,a•
Sheet 1 of 1
36 31
OWNER:
PARCEL:
35
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
w
a)
c
J
0
0)
T17 N., R4 E.
20 -00 0
SDMBR, LLC
36
39.10'
07 -08
Keystone Parkway
Hamilton
31
18 NORTH
4 EAST
EXHIBIT "B" SHEET 1 OF 2
RIGHT -OF -WAY PARCEL PLAT
Prepared For The City of Carmel
by: AMERICAN
118 N., R4 E.
STRUCTUREPOINT
INC.
50' Ease. for a pipeline in
favor of Marathon Oil Co.
Bk. 109, Pg. 3
21.39'
Line "S -6 -E"
323.85
Residue "A"
Ingress /Egress Ease.
,p Bk. 304, Pg. 503
1263.93'
EXISTING R/W
sold -off
150.33'
EXHIBIT
o 1.
25.00
325.00'
E. 116TH STREET 23 +00
EXISTING R/W
DRAWN BY: DJE
CHECKED BY: TBB
0
10' Elec. Line Ease.
in favor of PSI, Inc.
Bk. 1, Pg. 670
0
0
0
a)
N
10' Elec. Line Ease.
in favor of PSI, Inc.
Bk. 1, Pg. 672
26.00'
R/W
40.00'
1263.93'
40'
SCALE: 1 =80'
(151
80'
SWAM HATCHED AREA IS THE APPROXIMATE TAKING
�INST. No. 200500024128, DATED APRIL 18, 2005
INST. No. 200500047126, DATED MAY 5, 2005 (Sell -off)
1
C DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
Point
North
East
J Station
Offset
37
38
See Location Control Route Survey Plat
41
43
151
20819.7080
15263.0670
Additional Section Comer located (Harrison Mon.)
563
20978.9479
13770.1225
496 +90
Ex.LA R/W(95.56') Rt.
E
564
20887.9147
13859.5139
21 +85
Ex. R/W (64.19') Lt.
S -6 -E
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
/f
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SDMBR, LLC
36
07 -08
Keystone Parkway
Hamilton
SECTION: 31
TOWNSHIP: 18 NORTH
RANGE: 4 EAST
EXHIBIT "B"
RIGHT -OF -WAY PARCEL PLAT
Prepared For The City of Carmel
by: AMERICAN
STRUCTUREPOINT
INC
POINT REFERENCE CHART (Feet
Tracy L. McGill Date
Reg. Land Surveyor No. LS20500009
State of Indiana
b
a
S
EXHIBIT
Z d Z
DRAWN BY: DJE
CHECKED BY:
SHEET 2 OF 2
,p G� L.
I
0500009=
STATE OF
�NDIANP•
SUR'J
Iil,,u(! 7114!iIII'. Ul
C
NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
AMERICAN STRUCTUREPOINT, INC PROJECT N0. IN20030661,
PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.
State Form 2601 (R2/3 -91)
CITY OF CARMEL
BUYER'S REPORT (3)
PROJECT 07 -08; Keystone Parkway PARCEL 36 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER SDMBR, LLC, an Indiana limited liability company
280 E. 96`" Street, Suite 175, Indianapolis, IN 46240 PHONE 317.614.9402
NAME ADDRESS OF PERSON CONTACTED Michael Rabinowitch, attorney (Wooden McLaughlin, LLP)
211 N. Pennsylvania, One Indiana Square, Suite 1800, Indpls., IN 46204 -4308 PHONE 317.639.6444
(List other interested parties on reverse side including nature of their interest)
DATE ASSIGNED 10/30/08 DATE OF CONTACT 12/10/08 TIME OF CONTACT 9:30 am
OFFER 71,741.00 TYPE OF CONTACT: PERSONAL VISIT, (X) TELEPHONE CALL, (X) E -MAIL
Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space:
1. N/A Checked Abstract with owner? 13. N/A Sent Daily Notice to Relocation Section?
2. N/A Any affidavits taken? 14. NO Secured W -9 Form?
3. YES 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?
(X) Parcel Attorney
Owner Other (Specify)
Weekly Summary
LEFT FOLLOWING PAPERS WITH OWNERS: MAILED
15. N/A Written Offer?
16. N/A Land Acquisition Brochure?
17. N/A Retention Letter?
18. N/A Statement of Just Compensation?
19. N/A Tax memo (interim period)?
20. NO Receipt of Conveyance Instrument?
21. N/A Copy of Conveyance Instrument?
22. N/A Owner's Appraisal Letter?
23. N/A Brochure, "Relocation You
REMARKS: Mr. Michael Rabinowitch telephoned and stated that he is representing the owner and that they are
rejecting the offer as presented. I explained that I had talked with Mr. Chandler on December 8, 2008, and he had
requested full size plan sheets, which are pertinent to the subject property, be forwarded for his review. Mr.
Rabinowitch was unaware that I had spoken with Mr. Chandler and he stated that he would call him to discuss their
position.
(12/17/08) Mr. Rabinowitch forwarded a letter, which was to serve as the rejection of the offer and stated that the
Offer is insufficient to compensate his client.
12/18/08 (9:30 am) I telephoned Mr. Rabinowitch to further discuss the acquisition. He contends that damages
are warranted due to the loss of visibility subsequent to the elevation change on Keystone Parkway and requested
Status of Parcel: Secured, (X)- Condemned, -Other (Explain)
Distribution Made:
(Sig -ture) Elizabeth A. Sullivan
Page 1 of 2
BUYER'S REPORT (3)
PROJECT 07 -08; Keystone Parkway PARCEL 36 COUNTY Hamilton CODE N/A
REMARKS (Cont'd): that the appraiser reconsider damages based on the loss of visibility. The appraisers were
contacted and asked if consideration had been given to the possibility of the subject property being damaged
based on the elevation change of Keystone Parkway. I later forwarded an e-mail to Mr. Rabinowitch explaining
that the appraisers indicated that this issue was discussed at great length. It was determined that the emphasis
on visibility is 116 Street as this road must be traveled to access the subject before and after the project. It was
concluded that market rent and market value would be unchanged as a result of the visibility issue. I left a
message for Mr. Rabinowitch inquiring of the status of the parcel. There has been no response. Due to time
constraints, I was advised to forward the file along with a Condemnation Report for eminent domain proceedings
to commence.
State Form 20625 (R15 -90)
Signature Elizabeth A. Sullivan
3bJ
Date
CITY OF CARMEL
BUYER'S REPORT (2)
PROJECT 07 -08; Keystone Parkway PARCEL 36 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER SDMBR, LLC, an Indiana limited liability company
280 E. 96 Street, Suite 175, Indianapolis, IN 46240 PHONE 317.614.9402
NAME ADDRESS OF PERSON CONTACTED Bryan Chandler
280 E. 96 Street, Suite 175, Indianapolis, IN 46240 PHONE 317.614.9402
(List other interested parties on reverse side including nature of their interest)
DATE ASSIGNED 10/30/08 DATE OF CONTACT 12/8/08 TIME OF CONTACT
OFFER 71,741.00 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. N/A Checked Abstract with owner? 13. N/A Sent Daily Notice to Relocation Section?
2. N/A Any affidavits taken? 14. NO Secured W -9 Form?
3. YES 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: Subsequent to the review of the offer packet, Mr. Chandler telephoned and requested copies of the
full size plans sheets. Copies of the Plan and Profile and Construction Details were forwarded for Mr. Chandler's
review.
Status of Parcel: Secured, Condemned, -Other (Explain)
Distribution Made:
(X) Parcel Attorney
Owner Other (Specify)
Weekly Summary
State Form 2601 (R2/3 -91)
4:30 pm
LEFT FOLLOWING PAPERS WITH OWNERS: MAILED
15. N/A Written Offer?
16. N/A Land Acquisition Brochure?
17. N/A Retention Letter?
18. N/A Statement of Just Compensation?
19. N/A Tax memo (interim period)?
20. NO Receipt of Conveyance Instrument?
21. N/A Copy of Conveyance Instrument?
22. N/A Owner's Appraisal Letter?
23. N/A Brochure, "Relocation You
(Si Elizabeth A. Sullivan
(Sig ature)
Page 1 of 1
CITY OF CARMEL
BUYER'S REPORT (1)
PROJECT 07 -08; Keystone Parkway PARCEL 36 COUNTY Hamilton CODE
NAME ADDRESS OF OWNER SDMBR, LLC, an Indiana limited liability company
280 E. 96 Street, Suite 175, Indianapolis, IN 46240 PHONE 317.614.9402
NAME ADDRESS OF PERSON CONTACTED Bryan Chandler
280 E. 96 Street, Suite 175, Indianapolis, IN 46240 PHONE 317.614.9402
(List other interested parties on reverse side including nature of their interest)
DATE ASSIGNED 10/30/08 DATE OF CONTACT 11/12/08 TIME OF CONTACT
OFFER 71,741.00 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. YES 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: Mr. Bryan Chandler telephoned in response to the message I had left. I explained that I am assisting
the City of Carmel with the acquisition phase of the Keystone Parkway 116 Street improvement project. In
conjunction with the project I need to present a monetary offer for the additional right -of -way required for the
project. I provided the option to meet for the presentation of the offer or it could be mailed "certified Mr. Chandler
preferred mailing and provided an alternate mailing address. Consequently, the offer and related information were
mailed via "Certified mail, Return Receipt Requested on November 19, 2008, with a date of delivery on
November 20, 2008. Included within the packet were the following forms /documents: an introductory letter, the
booklet, "ACQUISITION, Acquiring Real Property for Federal And Federal -Aid Programs and Projects and 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 Warranty Deed with Limitation of Access with Exhibits A" and "B the Right -of -Entry
Status of Parcel: Secured, Condemned, -Other (Explain)
Distribution Made:
(X) Parcel Attorney
Owner Other (Specify)
Weekly Summary
State Form 2601 (R2/3 -91)
N/A
9:00 am
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
(Signature) Elizabeth A. Sullivan
Page 1 of 2
BUYER'S REPORT (1)
PROJECT 07 -08; Keystone Parkway PARCEL 36 COUNTY Hamilton CODE N/A
REMARKS (Cont'd): with Exhibits, 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, provides 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 subject property
is required as permanent right -of -way with full limitation of access. The permanent acquisition, known as Parcel
36, contains 0.072 acres. 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. Mr. Chandler was encouraged to call with any questions or
to schedule an appointment.
State Form 20625 (R15 -90)
a
Sign f V jf.&—
Elizabeth A. Sullivan
ja,a/ 0
Date
Elizabeth Sullivan
From: Elizabeth Sullivan
Sent: Wednesday, December 31, 2008 11:14 AM
To: 'mrabinowitch @woodmclaw.com'
Subject: 07 -08; Keystone Parkway; Parcel 36
Mr. Rabinowitch,
Pursuant to your request, the appraisers were asked if consideration had been given to the possibility of the subject
property being damaged based on the elevation change of Keystone Parkway. The appraisers indicated that this issue was
discussed at great length. It was determined that the emphasis on visibility is 116th Street as this road must be traveled to
access the subject before and after the project. It was concluded that market rent and market value would be unchanged
as a result of the visibility issue.
6'4 @e A. 41,QQA.v-
RWS South, Inc.
5214 S. East St., Suite D -2
Indianapolis, IN 46227
317 781 -9723 (Office)
317 781 -9727 (Fax)
elizabeth @rwssouth.com
1