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P61 A Enclave of CarmelCITY OF CARMEL BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER The Enclave Development Company, Inc. 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED John C. Hart, Jr., owner 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 1/15/08 DATE OF CONTACT 1/29/08 TIME OF CONTACT OFFER 44,770.00 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 2. N/A 3. NO Checked Abstract with owner? Any affidavits taken? 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: I telephoned a number previously utilized as a contact for Mr. John C. Hart. A message was left explaining that the appraisal phase was complete and a monetary offer was being forwarded by certified mail to his attention. Consequently, the pertinent forms and related information were mailed "Certified Return Receipt Requested" on January 30, 2008, with a date of delivery on February 1, 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 Protects and the letter 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 Land or Easement Acquisition Offer letter, the Warranty 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 Land 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 Status of Parcel: Secured, Condemned, -Other (Explain) Distribution Made: (X) Parcel Attorney Owner Other (Specify) Weekly Summary State Form 2601 (R2/3 -91) 1:50 pm 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. YES 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) Gina M. Hansen Page 1 of 2 State Form 20625 (R15 -90) BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A REMARKS (Cont'd): 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. 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 and E. 106' Street. More specifically, the entire Lot 49 as well as the common area is required as permanent (fee simple) right -of -way, which contains 11,777 square feet (0.270 acres). The forms /documents requiring signatures and notarization were indicated. The owner or a representative was invited to call with any questions or to schedule an appointment if so desired. My number was again provided Signature Date Page 2 of 2 CITY OF CARMEL BUYER'S REPORT (2) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER The Enclave Development Company, Inc. 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED John C. Hart, Jr., owner 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 1/15/08 DATE OF CONTACT 2/19/08 TIME OF CONTACT 10:30 am OFFER 44,770.00 TYPE OF CONTACT: PERSONAL VISIT, 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. NO Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 15. N/A 5. N/A Showed plans? Explained take? 16. N/A 6. N/A Explained about retentions? 17. N/A 7. N/A Any major item retained? 18. N/A 8. N/A Any minor item retained? 19. N/A 9. N/A Walked over property? 20. NO 10. N/A Arranged for owner to pay taxes? 21. N/A 11. NO Secured Right -of -Entry? 22. N/A 12. N/A Secured Driveway Right -of -Entry? 23. Distribution Made: (X) Parcel Attorney Owner Other (Specify) Weekly Summary State Form 2601 (R2/3 -91) LEFT FOLLOWING PAPERS WITH OWNERS: Written Offer? Land Acquisition Brochure? Retention Letter? Statement of Just Compensation? Tax memo (interim period)? Receipt of Conveyance Instrument? Copy of Conveyance Instrument? Owner's Appraisal Letter? N/A Brochure, "Relocation You REMARKS: Subsequent to receipt and review of the offer packet, Mr. Hart forwarded an email. He inquired if the offer was inclusive of Lot #49 and the Common Area. He explained that the Common Area may have already been dedicated. Additionally, he stated that he does not believe that the value offered is represented of the value of Lot #49 plus the Common Area. He suggested that the appraiser may have been amiss regarding the zoning of the property relative to value. 2/7/08 (3:00 pm) I forwarded an email response explaining that the offer does in fact include Lot #49 as well as the Common Area along 126 Street. They have similar ownership and are contiguous and thus, considered one parcel. I explained that I would inquire if a separate legal description could be prepared and this area conveyed via a Quit Claim Deed. I also inquired if there was a specific monetary amount that would make the offer acceptable. Status of Parcel: Secured, Condemned, -Other (Explain) (Signature) Gina M. Hansen Page 1 of 1 CITY OF CARMEL BUYER'S REPORT (3) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER The Enclave Development Company, Inc. 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED John C. Hart, Jr., owner 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 1/15/08 DATE OF CONTACT 2/19/08 TIME OF CONTACT 10:30 am OFFER 44,770.00 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. NO Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 15. N/A 5. N/A Showed plans? Explained take? 16. N/A 6. N/A Explained about retentions? 17. N/A 7. N/A Any major item retained? 18. N/A 8. N/A Any minor item retained? 19. N/A 9. N/A Walked over property? 20. NO 10. N/A Arranged for owner to pay taxes? 21. N/A 11. NO Secured Right -of -Entry? 22. N/A 12. N/A Secured Driveway Right -of -Entry? 23. Distribution Made: (X) Parcel Attorney Owner Other (Specify) Weekly Summary LEFT FOLLOWING PAPERS WITH OWNERS: Written Offer? Land Acquisition Brochure? Retention Letter? Statement of Just Compensation? Tax memo (interim period)? Receipt of Conveyance Instrument? Copy of Conveyance Instrument? Owner's Appraisal Letter? N/A Brochure, "Relocation You REMARKS: I telephoned Mr. Hart and explained that the Right of Entry document was inadvertently left out of the original offer packet. Mr. Hart believes the offer is low and may pursue obtaining an independent appraisal. However, he explained that his appraiser, Mike Lady, is out of town until later in the week. Mr. Hart stated that if the City would be willing to settle at the original list price of $49,900.00 then he would forego the appraisal and sign the necessary forms /documents. Status of Parcel: Secured, Condemned, -Other (Explain) /5- '111 a de/noe.;---- (Signature) Gina M. Hansen State Form 2601 (R2/3 -91) Page 1 of 1 CITY OF CARMEL BUYER'S REPORT (4) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER The Enclave Development Company, Inc. 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED John C. Hart, Jr., owner 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.57a.4800 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 1/15/08 DATE OF CONTACT 2/20/08 TIME OF CONTACT 5:00 pm OFFER 44,770.00 TYPE OF CONTACT: PERSONAL VISIT, TELEPHONE CALL, (X) MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. N/A 2. N/A 3. NO Distribution Made: (X) Parcel Owner Weekly Summary Checked Abstract with owner? Any affidavits taken? 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: The City of Carmel is willing to settle the parcel for a total compensation of $47,000.00. However, I received an email message from Mr. Hart explaining that they would not be willing to take any action as it pertains to the common property. He advised me to contact Lee Geupel at Kirkpatrick Management who represents the association regarding the common property. 2/27/08 (2:00 pm) I contacted Mr. Geupel and he suggested that I contact Vickie Norma, who is the Board President. Her telephone number (574 -9124) was provided as well as her email address. Messages on both were left that same day. Status of Parcel: Secured, Condemned, -Other (Explain) Attorney Other (Specify) 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W -9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: 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 t—°r/ ignature) Gina M. Hansen State Form 2601 (R2/3 -91) Page 1 of 1 CITY OF CARMEL BUYER'S REPORT (5) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER The Enclave Development Company, Inc. 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED John C. Hart, Jr., owner 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED Vickie L. Norman, HOA President and attorney -at -law 12631 Enclave Court, Carmel, IN 46032 PHONE 317.574.9124 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 1/15/08 DATE OF CONTACT 3/4/08 TIME OF CONTACT 4:30 pm OFFER 44,770.00 TYPE OF CONTACT: PERSONAL VISIT, TELEPHONE CALL, (X) EMAIL 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. 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? Distribution Made: (X) Parcel Attorney Owner Other (Specify) Weekly Summary LEFT FOLLOWING PAPERS WITH OWNERS: 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: I forwarded an email message to Mr. Hart and Ms. Norman explaining that the City's position is that the administrative settlement discussed and totaling $47,000.00 compensates for both Lot #49 and the common area. The City is willing to add a "Do Not Disturb" note to the plans and work around the stone sign and stone wall. Additionally, they are willing to consider compensating for the relocation of the fence as well if an amicable agreement can be reached. I inquired if they would be able to provide an estimate to have the fence relocated and provide it for the City's consideration. I explained to Ms. Norman that Mr. Hart is requesting the HOA's consent to sign the Right of Entry. She responded via email that she would consult the board for a decision. Status of Parcel: Secured, Condemned, -Other (Explain) (Signature) Gina M. Hansen State Form 2601 (R2/3 -91) Page 1 of 1 CITY OF CARMEL BUYER'S REPORT (6) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER The Enclave Development Company, Inc. 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED John C. Hart, Jr., owner 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED Vickie L. Norman, HOA President and attorney -at -law 12631 Enclave Court, Carmel, IN 46032 PHONE 317.574.9124 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 1/15/08 DATE OF CONTACT 3/4/08 TIME OF CONTACT 4:30 pm OFFER 44,770.00 TYPE OF CONTACT: PERSONAL VISIT, TELEPHONE CALL, (X) EMAIL 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. 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? LEFT FOLLOWING PAPERS WITH OWNERS: 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: I received an email message from Mr. Hart and the following day, one from Ms. Norman. Both are of the opinion that the appraisal does not adequately separate the value and just compensation offered for Lot #49 versus the affected common area. Mr. Hart plans to discuss the situation with his appraiser and obtain an independent appraisal. Neither party wishes to move forward until that is accomplished. Due to the status of the parcel and the critical time constraints on the project, I was advised that the City of Carmel plans to move forward with the eminent domain proceedings and will file the Complaint For the Appropriation of the Real Estate. Status of Parcel: Secured, Condemned, -Other (Explain) Distribution Made: (X) Parcel Attorney Owner Other (Specify) Weekly Summary State Form 2601 (R2/3 -91) /47-72AN6c- (Signature) Gina M. Hansen Page 1 of 1 CITY OF CARMEL BUYER'S REPORT (7) PROJECT 07 -08; Keystone Parkway PARCEL 61 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER The Enclave Development Company, Inc. 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED John C. Hart, Jr., owner 805 City Center Drive, Suite 120, Carmel, IN 46032 PHONE 317.573.4800 NAME ADDRESS OF PERSON CONTACTED Vickie L. Norman, HOA President and attorney -at -law 12631 Enclave Court, Carmel, IN 46032 PHONE 317.574.9124 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 1/15/08 DATE OF CONTACT 3/11/08 TIME OF CONTACT 3:15 pm OFFER 44,770.00 TYPE OF CONTACT: PERSONAL VISIT, TELEPHONE CALL, (X) EMAIL 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. 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? Distribution Made: (X) Parcel Attorney Owner Other (Specify) Weekly Summary LEFT FOLLOWING PAPERS WITH OWNERS: 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: I received an email message from Ms. Norman explaining that the common area has been legally transferred into the name of The Enclave of Carmel Homeowners Associate, Inc., with a copy of the recorded deed attached. Due to the court filing, the City attorney worked directly with the Homeowners Association and negotiated a settlement for $9,247.60 and other terms involving the affected land improvements. The pertinent forms /documents securing the parcel were forwarded to me from Alan Townsend, the attorney working on behalf of the City. Mr. Townsend is handling the negotiation for Lot #49. Status of Parcel: Secured, Condemned, (X) -Other (Explain) Partially secured (Signature) Gina M. Hansen State Form 2601 (R2/3 -91) Page 1 of 1 STATE OF INDIANA SS: COUNTY OF HAMILTON CITY OF CARMEL, Plaintiff, v. THE ENCLAVE DEVELOPMENT COMPANY, INC. and THE ENCLAVE OF CARMEL HOMEOWNERS ASSOCIATION, INC., Defendants. IN THE HAMILTON SUPERIOR COURT NO. 1 CAUSE NO. 29D01- 0803 -PL -00285 FI LED APR 18 2008 CCgRK o HAMILTON SUPERIOR COURT ENTRY AND ORDER The Court appointed appraisers have filed their reports in which they determined that the Defendant, The Enclave Development Company, Inc., may be entitled to total just compensation in the amount of LIZ°bo OD The Court, being duly advised, now ORDERS, ADJUDGES, AND DECREES that: 1. The Plaintiff, the City of Carmel, shall pay to the Clerk of this Court the total appraisers' fees in the amount of 3D01 00 within thirty (30) days of this Entry and Order. 2. The Clerk of this Court, upon receipt of the above referenced payment, shall pay each of the appraisers his or her respective share and shall deposit any additional amounts in an interest bearing account pending further order from this Court. 3. The Clerk of this Court shall send of copy of the Report of Appraisers and a copy of this Entry and Order, by Certified Mail, to all parties or counsel of record for all parties to this action. Date: Distribution: 'APR 1 7 2008 Alan S. Townsend BOSE McKINNEY EVANS LLP 2700 First Indiana Plaza 135 North Pennsylvania Street Indianapolis, IN 46204 Jeffrey O. Meunier 320 South Rangeline Road Carmel, IN 46032 Stephen R. Buschmann Thrasher Buschmann Griffith Voelkel, P.C. 151 N. Delaware Street, Suite 1900 Indianapolis, IN 46204 -2505 1110980 2 pr A L r PI r J P Judge, Hamilton County Superior Court No. 1 0-0 EIJI.±7,'Hir7D FOR TAXATION Libject to final acceptance for transfer day of cwt u 208% Auditor of Hamilton County Parcel r, LO THIS INDENTURE WITNESSETH, That the Enclave Development Company, Inc. "Grantor conveys and warrants to the City of Carmel, Indiana ("Grantee"), for the sum of Forty-Two Thousand Dollars ($42,000.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: GRANTOR: 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 EREOF, Grantor has caused this Warranty Deed to be executed this 21 day of 2008. THE ENCLAVE DEVELOPMENT COMPANY, INC. Printed: --J G /4' Its: WARRANTY DEED 2008037328 WARR DEED $28.00 07/18/2008 12:11:37P 7 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented Project: 07 -08 (Keystone Parkway) Parcel 61 COPY STATE OF INDIANA SS: COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared 0 0.6 C cw.=tof the Enclave Development Company, Inc., 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. WITNESS my hand and Notarial Seal this 02 day of 2008. My Commission Expires: \A ack Zi i \g11111111111!!!! Countya t` a R 2 2 O 22, pp V'• No1AR1 SEA z r ���rL IC SS P�' l f!owi 111111 1 This instrument was prepared by Alan Indiana Plaza, 135 North Pennsylvania Ciat\k__ Notary Printed Name S. Townsend, Bose McKinney Evans LLP, 2700 First Street, Indianapolis, Indiana 46204. Send tax bills to: One Civic Square, Carmel, Indiana 46032 After recording, return deed to: Alan S. Townsend, Bose McKinney Evans LLP, 2700 First Indiana Plaza, 135 North Pennsylvania Street, 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 1159250 EXHIBIT A Project: 07 -08 Parcel 61 Sheet I of 1 Fee Simple Lot 49 in the Secondary Plat of The Enclave of Carmel, a Subdivision in Carmel, Hamilton County, Indiana, the plat of which subdivision is recorded as Instrument Number 9125567 in the Office of the Recorder of Hamilton County. This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana Registered Land Surveyor, License Number LS20500009, on the 27 day of February, 2008. ```0 1t%tiomitIfun /f 41:1A2 No. r '205000 's S TAT E OF °j EXHIBIT B COMMON AREA "B" PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 30 TOWNSHIP: 18 NORTH RANGE: 4 EAST RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN EXISTING R/W Line "5 -7 -E" STRUCTUREPOINT ii OWNER: The Enclave Development Company Inc. PARCEL: 61 INC. 126th Street DRAWN BY: 3EM CHECKED BY: TLM SHEET 1 OF 2 0 50' 100' SCALE: 1 100' 555 +00 550+00 C HATCHED AREA IS THE APPROXIMATE TAKING INSTRUMENT NUMBER 9121838, DATED JULY 24, 1991 THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY_ Point North East Station Offset 49 53 54 See Location Control Route Survey Plat 57 67 376 26185.0880 13716.1178 +PL(46 +92.51) R /W(48.51')Lt. S -7 -E 377 26243.9793 13781.3997 +PL(47 +57.64) R/W(107.57')Lt. S -7 -E 378 26277.1324 13918.3832 +PL(550 +01.58) R/W(105.80') Lt. E RIGHT -OF -WAY PARCEL PLAT Prepared For IThe City of Carmel by: AMERICAN STRUCTUREPOINT INC 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 2.27.2008 Tracy L. McGill Date Reg. Land Surveyor No. LS20500009 State of Indiana SHEET 2 OF 2 Gy L. Mac e No. t E20500009` STATE OF NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: PARCEL: The Enclave Development Company Inc. 61 PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 30 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: TLM AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN20030661 THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.) GRANTOR: DULY NTE Eb FOR TAX.ATIQN 6. Subject to final acceptance for transfer day of. 2008' 7hyhtitv udltor of Hamilton County Parcel 1 u) WARRANTY DEED 2008035673 WARR DEED $28. 07/09/2008 11:26:05A 7 PGS Jennifer J Hayden R IN HAMILTON County Recorded as Presented Project: 07 -08 (Keystone Parkway) Parcel 61A THIS INDENTURE WITNESSETH, That the Enclave of Carmel Homeowners Association, Inc. ("Grantor''), conveys and warrants to the City of Carmel, Indiana ("Grantee for the sum of Nine Thousand Two Hundred Forty -Seven Dollars and Sixty Cents ($9,247.60) 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 day of 2008. THE ENCLAVE HOMEOWNERS ASSOCIATION, INC. Printed: 0/WE" L. LunA -AJ Its: E frp WITNESS my hand and Notarial Seal this day of M' C oin nission Expires: 7/i /0 9 County of 6, STATE OF INDIANA SS: COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared ow E L. tsbV if the Enclave of Carmel Homeowners Association, Inc., 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. 1132116 Notary Signature 2008. Notary Printed Name Mg-Xi Ale. C' rn LC This instrument was prepared by Alan S. Townsend, Bose McKinney Evans LLP, 2700 First Indiana Plaza, 135 North Pennsylvania Street, Indianapolis, Indiana 46204. Send tax bills to: One Civic Square, Carmel, Indiana 46032 After recording, return deed to: Alan S. Townsend, Bose McKinney Evans LLP, 2700 First Indiana Plaza, 135 North Pennsylvania Street, 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 61A Sheet 1 of 1 Fee Simple Common Area "B" in the Secondary Plat of The Enclave of Carmel, a Subdivision in Carmel, Hamilton County, Indiana, the plat of which subdivision is recorded as Instrument Number 9125567 in the Office of the Recorder of Hamilton County. This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana Registered Land Surveyor, License Number LS20500009, on the 2`9` day of February, 2008. t lN 7 S 417 :1 1 i 6._ it_c_a_ '12050000 STATE OF fit, 0 !N� U TA ye'gy N EXHIBIT B RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN 00 Line "S -7 -E" u) STRUCTUREPOINT INC. 126th Street SHEET 1. OF 2 0 50' SCALE: 1" =100' LOT 42 \Q' r COMMON AREA "8' Enc ave C aY 8 LOT 49 L= 43.04' L= 11.93 L° /7 R W 27.57' r.�■ 1.40' 371 115.86' L =60.98 LOT 46 555 +00 550 +00 100' C HATCHED AREA IS THE APPROXIMATE TAKING OWNER: PARCEL: 61A PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 30 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: TLM INSTRUMENT NUMBER 9121838, DATED JULY 24, 1991 THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.) Point North East Station Offset 53 See Location Control Route Survey Plat 54 371 26177.1997 13475.4350 +PL(44 +51.85) R /W(40')Lt. S -7 -E 372 26178.6050 13475.4387 +PL(44 +51.85) R/W(41.40')Lt. S -7 -E 373 26186.0836 13483.1080 +PL(44 +59.50) R/W(49.90')Lt. S -7 -E 374 26182.4115 13645.6532 +PL(46 +22.06) R/W(45.65')Lt. S -7 -E 375 26186.7121 13688.3612 +PL(46 +64.75) R/W(50.06')Lt. S -7 -E 376 26185.0880 13716.1178 +PL(46 +92.51) R/W(48.51')Lt. S -7 -E 377 26243.9793 13781.3997 +PL(47 +57.64) R /W(107.57')Lt. S -7 -E RIGHT -OF -WAY PARCEL PLAT Prepared For IThe City of Carmel by: AMERICAN STRUCTUREPOINT INC. 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 /1J 2.29.2008 Date Tracy L. McGiII Reg. Land Surveyor No. LS20500009 State of Indiana SHEET 2 OF 2 e STATE OF aNntilliinutioo NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. OWNER: PARCEL: 61A PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 30 TOWNSHIP: 18 NORTH RANGE: 4 EAST DRAWN BY: JEM CHECKED BY: TLM AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN20030661 THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.)