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Aspen Village R 25 06 03

Aspen Village Homeowners Association, Inc. · 17 pages
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1 23 4 5 7 69 BILL NO. R-25-06-03 RESOLUTION NO. R-10-25 A RESOLUTION APPROVING THE SALE OF CERTAIN REAL ESTATE LOCATED AT 3500 BRONCO DRIVE RESOLUTION #111-7-23-24-1 FOR THE CITY OF FORT WAYNE, DIVISION OF CITY UTILITIES.

WHEREAS, the City of Fort Wayne, through its Division of City Utilities, is the owner in fee simple title of a 13.027-acre parcel acquired from Aqua Indiana, located at 3500 Bronco Drive, having the Parcel Identification Number of 02-11-15-401-001.000-075, comprising approximately the north 430 feet of the west 1/2 of the southeast 1/4 of section 15 in Aboite Township of Allen County, specifically described under the heading "Parcel V" conveyed by that warranty deed recorded as document number 2015004992 in the Office of the Recorder of Allen County, Indiana (the "13-Acre Parcel"); and WHEREAS, the City of Fort Wayne, through its Division of City 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 00/100 DOLLARS 28 29 30 Utilities, has reached an agreement to sell approximately 12.036 acres of surplus land on the 13-Acre Parcel, as specifically described as "Tract A” in that property boundary survey performed by Sauer Land Surveying, Inc. dated October 27, 2023, and recorded as document number 2024046354 in the Office of the Recorder of Allen County, Indiana ("Tract A”).

WHEREAS, the City of Fort Wayne, through its Division of City Utilities, desires to sell Tract A for TWO HUNDRED FORTY THOUSAND AND ($240,000.00), in accordance with the terms of the Real Property Purchase Agreement executed by the Board of Public Works at its 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 regularly-scheduled meeting on June 3, 2025; and WHEREAS, IC 36-1-11-3-(c)(1) requires Common Council approval of any

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s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 regularly-scheduled meeting on June 3, 2025; and WHEREAS, IC 36-1-11-3-(c)(1) requires Common Council approval of any sale of real estate by the City having an appraised value of at least $50,000.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF FORT WAYNE, INDIANA: SECTION 1. The sale of real estate by the City of Fort Wayne through its Division of City Utilities, located at 3500 Bronco Drive is hereby approved and agreed to. The appropriate officials of the City are hereby authorized to execute all documents necessary to accomplish said sale.

SECTION 2. This Resolution shall be in full force and effect from and after its passage and any and all necessary approval by the Mayor.

APPROVED AS TO FORM AND LEGALITY Malak to Malak Heiny, City Attorney Council Member City Utilities - 9800 Block Bronco Drive The Worden Group, Inc.

Aerial Site Plan - 9800 Block Bronco Drive Page 16 of 27 Utility Easement Water Main Easement Not to Scale Tiffany DF Drainage Easement Exception Ingress Egress & Utility Easement A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF FORT WAYNE, INDIANA, APPROVING THE DISPOSAL OF CERTAIN REAL PROPERTY LOCATED AT 3500 TURF LANE IN FORT WAYNE INDIANA RESOLUTION NUMBER 111-7-23-24-1 WHEREAS, the City of Fort Wayne (the "City") holds fee simple title to certain real property located at 3500 Turf Lane in Fort Wayne, Indiana, comprising approximately 12.9 acres of land (the “Property"); and WHEREAS, an approximately 12.0 acre area of the Property is vacant, surplus land ("Tract A"); and WHEREAS, an approximately 0.9 acre area of the Property is being used by City

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nd (the “Property"); and WHEREAS, an approximately 12.0 acre area of the Property is vacant, surplus land ("Tract A"); and WHEREAS, an approximately 0.9 acre area of the Property is being used by City Utilities to operate various aboveground utility infrastructure, including an elevated water tank ("Tract B"); and WHEREAS, a boundary survey of the Property, including Tracts A and B, and of various improvements and proposed easements thereon, is attached hereto as Exhibit 1 and incorporated herein by this reference; and WHEREAS, the City has no present use for Tract A, and future use by the City is unlikely; and WHEREAS, the City intends to sell the entire fee simple interest in Tract A, on an "AS-IS" basis, subject to each of the proposed easements for existing City Utilities infrastructure identified on Exhibit 1; and WHEREAS, pursuant to Indiana Code 36-1-11-4, the Property has been appraised by two licensed, professional appraisers, and the disposing agent has determined a minimum bid for the property based on the appraisals and the disposing agent's knowledge of the property.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF FORT WAYNE, INDIANA BOARD OF PUBLIC WORKS AS FOLLOWS: The City hereby resolves to sell the Property pursuant to the Indiana Code.

(Remainder of the page intentionally left blank-signature page to follow.)

APPROVED this this 23rd day of July, 2024.

BOARD OF PUBLIC WORKS BY: BY: Shaukath Shan Gunawardena, Chair of Public Works Kumar Menon, Member BY: Chris Guerrero, Member ATTEST: Un um 7-23-24 Michelle Fulk-Wondran, Clerk Prepared by: Seth Weinglass, City of Fort Wayne, Program Manager, Capital Project Services ACKNOWLEDGEMENT STATE OF INDIANA ) ) SS COUNTY OF ALLEN Before me, a Notary Public, in and for said County and State personally appeared

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, City of Fort Wayne, Program Manager, Capital Project Services ACKNOWLEDGEMENT STATE OF INDIANA ) ) SS COUNTY OF ALLEN Before me, a Notary Public, in and for said County and State personally appeared Shan Gunawardena, Kumar Menon, and Chris Guerrero, as Members of the Board of Public Works of the City of Fort Wayne, and Michelle Fulk-Vondran, Clerk of the Board of Works, and acknowledged the execution of the foregoing contract as and for their voluntary act and deed for the uses and purposes therein contained.

WITNESS my hand and notarial seal this 23rd day of July, 2024.

My Commission Expireer MICHELLE R NELSON Notary Public Allen County-State of Indiana Commission Number NP0757310 My Commission Expires Jun 30, 2032 Michelle R.

Notary Public Resident of AllEN Nolan County Michelle R. NELSON Printed Name of Notary 0 NORTH SCALE IN FEET: 60 121 Theory of Location Scale: 1-500 だ www.ww ABOITE CENTER ROAD 303235 TRACT "A" AREA 12.036 acres EXHIBIT 1 PLAT OF ORIGINAL SURVEY N 8952-38 W 13.087 ACHE BASE TR Oty of art (20/4000234 N 8°37′12" C -800-1500° 1.19.87 143.37 TRACT "B" AREA=0.885 acres SURVEYOR'S REPORT Prepared as a part of the foregoing we Addres Bronco Drive, Fort Wayne, IN 4614 This survey is intended to create two sew a parcele lying entirely within the record boundaries of a tracts of real estate as described as Parcel Vin & Special Limited Warranty Deed from Udky Center, Inc, arba Aqua Indians, Inc, to the City of Fort Wayne, Indians, dated December 3,2014, Dual Number 2014038234 the Office of the Recorder of Allen County, Indiana In Aucordance with Tale 165, Article 1.1, Chapter 12, Dec. 1. sec. of the Indiana Administrative Code, the following coservations and

ber 2014038234 the Office of the Recorder of Allen County, Indiana In Aucordance with Tale 165, Article 1.1, Chapter 12, Dec. 1. sec. of the Indiana Administrative Code, the following coservations and pinions are bed regarding varicas uncertainties in () reference monuments, (b) lines of occupation, (c) read descriptions, and (d) those uncertainties dee to randon entry in measurement relative potional accuracy") There may be unwritton rights associated with these uncertainties REFERENCES Copies of the following documents were reviewed a completion of this survey -The deeds of the subject tract and the adjoining tracts, as shown on the plat of survey Allen County S The plat of The Coton Comer Records of The Coves at Wesiskes, Sedion 11, Plat Cablet 2, page 1x The plal of Aspes Village, Section 11, Pld Rewond 39, page 92-90 The plat of Apen Village, Sedien 1, Plal Record 34, pages 14-17.

-The plat of Abelle Meadows, Seation "C", Block 3, Plet Record 37, pages 3-87 The plat of Emerald Lake of Covington, Pla: -The prior survey by Saver Land Survey, Inc, reconded 133-137 Inc, recorded in Document Number 2010027 (A) AVAILABILITY OF REFERENCE MONUMENTS The exising musements of the Public Land Survey comers were held as controlling corners and were used as the bass for this survey. The found monuments are considered by the undersigned surveyor to be "ool commen" which are subye to undiscovered evidence regarding the true location of said corners The comers of subject tract are marked as shown on the survey certificate in conformity with mid survey monements Uncertainties based on eating me are not readily determinable due to the use of sud local comers The follow ag The Centlocation of the Public Land Surveys der of Section 13 The South Quarter comer of Section 13.

es based on eating me are not readily determinable due to the use of sud local comers The follow ag The Centlocation of the Public Land Surveys der of Section 13 The South Quarter comer of Section 13.

The East Quarter comer of Section 15.

The NE Cor, WW, SE % of Sealon 15 County withemed cast on mmt found above refe 1042.00" 58°36'46" NEW ORIGINAL DESCRIPTIONS } TRACT "A" (described as Parcel Ve Document Number 201408234 Part of the Southeast Quarter of Section 15, Townshp 30 Nonth, Range 11 Zas, Allen County, Indans, based on ongleal survey by Joseph R. Herendem, Indiana I Professional S rveyer Number 20900140 of Sauw Land Surveying, Inc, Survey No. 052-107 "8", deed October 27, 2023, revised February 21, 2024, and belag more particularly described as follows, to-w Beginneg at the Center of said Section 15, being marked by a stone, also being the Northeast comer of The Coves at Westlakes, Section II, recorded in Mal Cabinet 2. page 18, the Office of the Reurder of Allen County, Indiana thance South O 03 wid Coves a Welses, Section II, his d tion), en and along the West lee of the line of Eve (OPS grid bearing, and base of all of 30.77 fed to 5 raber the pout of interation of seld West line with the North of Am Village, Section 11, as recorded in Plet Record 3%, pages 2-6, in the Office of wid Recorder, thence South 9 degrees 30 minutes 40 seconds a, oe and along the North line of said Aspes Village, Section 1, a distance of 1042.09 fest to the Northeast comer thereof, also being the Northwest corner of Ape Village, Section 1, a recorded in Pler Record 39, pp 14-17, in the Office of Recorder North 19 degrees 10 minutes 07 rear the Northest corner there on and along the North line of said Apes Village, Section 1, a distance of 2700 feet to

ler Record 39, pp 14-17, in the Office of Recorder North 19 degrees 10 minutes 07 rear the Northest corner there on and along the North line of said Apes Village, Section 1, a distance of 2700 feet to being, & pont on the wee line of Aboite Meadows, Section ", Block 3, as recorded in Plat Record 37, pages 3-7, in the Office of sud Recorder, thence North 00 degrees 10 minutes 40 seconds We, on and along sid Wee line, distance of 425.36 tone rail post a the Northwest corner there, being South comer of Emerald Lake of Covington, as reourded Pal Record , pages 155-157, in the Office of said Recorder, thence North to degrees 52 minutes 38 seconds West, on and along the South line of mid Emerald Lake of Covington, a distance of 1321.8% feet to the polet of beginning, containeg 13.027 acres of land, and subject to all se of record EXCEPTING THEREFROM: (pet of a tract described Parcel V in Document Number 2014058234) by Joseph Part of the Southeast Quarter of Section 15. Township 30 North, Range 11 Eas, Allen County, Indians, based on an onginal winey by Jo R. Herendeen, Indians Professional Surveyor Number 20400190 of Sauer I 2003, revised February 21, 2004, and being more particularly described as follows, towns, Survey No. 002-107 "8", dated October 21, Commmcing, at the Center of sard Section 13, being marked by a stone, also being the Northeast comer of The Coves at Westlakes, Section II, as recorded in Plat Cabinet E, page 18, in the Office of the Recorder of Allen County, Indians thence South 00 degrees 25 minutes 03 we Past (OP grid bearing, and bass of all bearings in this description), on and along the West love of said Southut Quaner and the Case of mid Cover at Westlakes, Sealon 11, distance of 43077 fed to a 3 reber the pains of intersection of s of

bearings in this description), on and along the West love of said Southut Quaner and the Case of mid Cover at Westlakes, Sealon 11, distance of 43077 fed to a 3 reber the pains of intersection of s of said West line with the North line of Section It, as recorded in Plat Record 39, pages 2.0, the Office of mid Recorder; thesce South av degrees 30 minutes 40 on and alg the North line of a of mid Aspen Villege, Sedion II, a distance of 179 50 feet; thence North 00 degrees 28 minstes 30 seconde West, dieance of 16.30 feet to a 3 rebar at the true point of beginning thence North D degrees 2 minutes 20 seconds W dence of 13910 feet to reber, thence North x degrees 37 minutes 12 seconds Eam, distance of 67.31 fee to rebar, thence South 00 degrees 33 minutes 00 seconds Bast, a distance of 19 2 feet to a 45 rebar, thence South 19 degrees 3-4 mmutes 57 sends East, a distance of 145.32 feet to a rebar, thence South 00 degrees 02 minutes 22 seconds Wee, distance of 1907x feet to rebar, the thence North g degrees 33 minutes 37 seconds west, a distance of 5000 feet to a 5 rebat, then or North 0 degrees 23 miester S 134 seconds Wes, a distance of 10 41 feet to the true pot of beginning, containing 0.3 scres of land, and subject to all easements of record CERTIFICATE OF SURVEY The document record retracement survey of reel esse prepared under IAC Telexos, Article 1, Rule 12 and in conformity with established practices of surveying and made in accordance with the rennd on file in the Office of the Recorder of Allen County, Indiana. The land described exists in full dimensions as shown hereon a on a feet. It is free from encroachments ether way sarow boundary lines unlew specifically aled hereon. Comes were perpetuated as indiose

The land described exists in full dimensions as shown hereon a on a feet. It is free from encroachments ether way sarow boundary lines unlew specifically aled hereon. Comes were perpetuated as indiose 1, Joseph R. Hemdren, affem, under the penalties for perjury, that I have take reasonable care to redact each Social Security number in this document, unless required by law. I funker sentify the above statements to be corred to the bear of my information, kowledge, and belie Date: 02/21/2024 Ind Profesional Land Surveyor X TRACT": part of a treat described as Parsel V in Document Nember 201 4058234) BRONCO DRIVE Part of the Southeast Quarter of Section 15, Township 30 North, Range 11 East, Allen County, Indiana, based on an miginal survey by Joseph described b Commencing at the Center of said Section 15, being marked by a stone, also being the Northeut comer of The Coves at Westies, Sean as recorded in Plat Cabhe tt, page 18, in the Office of the Recorder of Alles County, Indians thence South 00 degrees 25 mules 3 seconds East (OPS grid bearing and bars of all bearings in their description), on and along the West line of said South Quarter and the Zext line of said Cover at Westlakes, Section 11, a distance of 43077 feet to a reber at the poat of in Ampen Village, Section II, as recorded in Plat R tharce South 9 degrees 30 minutes 40 seconde tax, on and along the North line of said Aspes Village, Seation I, diesace of 379 06 feet hence North 00 degree 28m 50 seconds West, & destance of 16680 fed los 43 rebar the true pont of beginning thence North 01 degrees 28 minutes 20 seconds Wes,

Village, Seation I, diesace of 379 06 feet hence North 00 degree 28m 50 seconds West, & destance of 16680 fed los 43 rebar the true pont of beginning thence North 01 degrees 28 minutes 20 seconds Wes, distance of 139.10 feet to rebar, thence North w degrees 37 minutes 12 seconds East, a diance of 07.31 feet to rebar, thence South 00330 seconds East, distance of 1982 leet to #3 rebar; thence South 89 degrees 34 mutes 37 seconds, a distance 00 degrees 02 minutes 22 seconds We, di distance of 199.78 feet to a rebar; th mice North 10,41 fort to the tu degrees 33 minutes 37 seconds West, dance of s trus point of beginning, containing GEES acres of land, and subject to all casements of record INGRESS EGRESS & UTILITY EASEMENT "A" of 39, pages 92-96, in the Office of old ces the lime with the North ine of of 14.32 feet to a teher: Bence Souths000 feet to a rebar, ce North of degrees 23 minutes 34 seccads We, dance of Part of the Southeast Quarter of Section 13, Township 10 North, Range 11 st, Allen County, Indians, being more particularly described as Blows Commencing at the Center of said Section 13,being marked by a stone, also being the Northeast comer of The Coves at Westlakes, Heat, as recorded in Plat Cabinet 2, page 18, in the Office of the Recorder of Allen County, Indiana therce South 00 degrees 25 aules 03 seconds of all description), en of said Cover at Westlakes, Section 11, a distance of 430.77 best to a 23 velour at the post of mievation of said West line with the North line of Aspen Village, Section II, as recorded in Plat Rroord 3 Plat Record 39, pages 7-90, the Office of wild Rearder, thence South 89 degrees 36 minutes conds East, on and along the North line of said Aspes Village, Section 11, a datance of 1033.94 fot to the true point of beginning than

, the Office of wild Rearder, thence South 89 degrees 36 minutes conds East, on and along the North line of said Aspes Village, Section 11, a datance of 1033.94 fot to the true point of beginning than South 39 degrees 36 minutes 45 seconds test, continuing on and along Mid North line, a distance of 8.15 feet to the Northese comer of mid Aspen Village, Section It, also being the Northwex comer of Aspes Village, Season, recorded in Plat Record 39, pegs 14-17, in the office of mud Recorder; thence North a deges 10 minutes 07 seconds Eart, on and along, the North line of mid Aspen Village, Section 1, distance of 27.00 feet to a rebar at the Northes comer theren, I thenoe North 00 degrees 10mutes 40 seconds West, on and along ded in t 37.Page 85-87, in the Office of paid Recorderet on the wee lee of Aboite Meadows, Section "Block 3, sid Wee Sne, a diance of 74 45 fest to the point of intersection of said Wex line with the North right-of-way line of Bronco Drive, thence South $9 degrees 23 minutes 3 seconds Wes, a distance of 27.75 feat: thenue North 47 degrees 51 minutes 17 seconds West, a distance of 276.6 feet to a point on the best line of a certen 0.RX3 acre parcel; thence South CD degrees 02 minutes 22 seconds West, en and alongsid East lines distance of 15640 feet to a 5 rebar at the Southeas along the South line of a certain XS thence North co degrees 23 minutes 54 seconds West, and long the Southwest line of 30 seconds as, distance of 21.43 feet, thence South 6 degrees 23 minutes 34 seconds Es, diance of 100. Os fret, thence Sorthco degree minutes 38 seconds East, distance of 87.07 feet to the point of beganing, containing 1.049 as of la dreance of 3 degrees 33 minutes 37 seconds West, and

, diance of 100. Os fret, thence Sorthco degree minutes 38 seconds East, distance of 87.07 feet to the point of beganing, containing 1.049 as of la dreance of 3 degrees 33 minutes 37 seconds West, and Force 0883 are parcel of 104, 41 fed to the Southwest comer thereo thance South 00 degree INGRENS & EGRESS EASEMENT "B" The East 20 fea of a 13.027 acre tract of real estate described as Part V is a deed to the Cay of Fort Wayne, Indiana, in Document Number 201 4008234 in the Office of the Recorder of Allen County, Indiana DRAINAGE EASEMENT "C" A strip of land lying entirely within a 13.027 were tract of real are described as Parcel V dead to the City of Fort Wayne, Indiana, Number 201408234 in the Office of the Recorder of Allen County, Indians, being a pan of the Southeast Quarter of Section 15, Township 30 North, Range 11 Eas, Allen County, Indiana, said strip being so feet a width and lying 25 feet on mach side of the following described centerline, tow Commencing the Center of said Section 13, being marked by a stone, also being the Southwest corner of the Emerald Lake of Covington, recorded in Plat Record 4, pages 133-137, in the Office of the Recorder of Allen County, Indians; thence South 93238 conds East (OPS grid bearing and basis of all bearings in this description), and along the South fee of mid Emerald Lake of Covington, distance of 92.32 leet to the true point of beginning thence South 30 degrees 31 minutes 36 seconds tax, a distance of 142.27 feet to a point ne the North line of a certain voi acre parcel, and there terminating The sidelines of vid ap are to be extended or truncated to terminate the South line of said Emerald Lake of Covington and the North line of seid 991 aure parcal WATER MAIN CASEMENT "D"

ere terminating The sidelines of vid ap are to be extended or truncated to terminate the South line of said Emerald Lake of Covington and the North line of seid 991 aure parcal WATER MAIN CASEMENT "D" A strip of land lying, entirely within 13.077 sore tract of real esate described as Parcel V in a deed to the City of Fort Wayne, Indian, Document Number 2014058234 in the office of the Iteurder of Allen County, Indians, being a pan of the Southeast Quarter of Section 13, Township 30 Neh, Range 11 Eas, Alles County, Indiana, said trip being, 20 feet in width and lying 10 feet on each side of the following described centernetow Commencing at the Center of seid Sleation 15, being marked by a stene, also being, the Northeast comer of The Coves at Westlaker, Section 11, recorded in Pia Cabha 2, page 18, in the Office of the Recorder of Aller County, Indiang thence South 00 degrees 23 mules 03 seconds East (UPS nd beaning and bass of all beanings in this description), on and along the Wee line of said Southeast Quarter and the East line of ald Coves at Weslakes, Section II, a distance of 121.67 fed to the true point of b thence North 81 degrees 20 minutes 57 ronds Ear, distance of 137.20 feet, thence North x degrees 09 minutes 4 seconds Ear, distance of 724 03 feet and there teme inating, The sideles of mid strip are to be extended or truncated to terminare at the 2e lie of said Coves at Westlakes, Section 11.

The Southeut corner of Section 15 The North Quarter comer of Sedion 15.

The West Quarter corner of Section 13 Iron report found as shown Irea rail por found as shown on shove referenced survey County win eed cat iron monument found County wind railroad spike County witnessed survey sad found

ner of Section 13 Iron report found as shown Irea rail por found as shown on shove referenced survey County win eed cat iron monument found County wind railroad spike County witnessed survey sad found The North line of the Wes Half of the Southeext Quarter was established during the survey bawean stone at the Center of Se15a Iren rall pot at the Northeast corner of the Wes Half of the Southeas Quarter of Section 13, due to the South line of th Lake of Covington plat being established on and along waid line and the M the adjoining Emerald Sad on all post lies 8.0 feet and 1.3 feet South of the midpoint of the the adjoining plat of Aborte Meadows holding said nt of the line between the Center and Ease Quarter corners of Section 13. The Wes line of said plat of Abote Meadows was established between said iron rail put at the Northeast comer of the Wes Half of the Southeast Quarter of Section 13 and the Southeast comer of the West Half of the Southeast Quarter of Section 13, being ablished at the midpoint of the line between the South Ovarter and Southeast comers of Section 15. The ranuning lines of Section 13 were established by using the above referencal monuments Uncertainties due to variances bawem all found monuments and recond distances were determ med to be 163 feet in any direction.

(B) OCCUPATION AND/OR POSSESSION LINES d North of the Southers uner of my reaction, and Bronco Dryman-made On and/or possession lines wear the perimeter of subject treat are shown on the plat of rvey with the variances from the boundary lines as etablished in this survey. Encroachments and/or discrepancies may be buried or otherwise cbscured b cbstruction A concrete walk coeng 10-foot-wide walkway block in App mum of 21.6 ft Wend 35.5 roaches by

blished in this survey. Encroachments and/or discrepancies may be buried or otherwise cbscured b cbstruction A concrete walk coeng 10-foot-wide walkway block in App mum of 21.6 ft Wend 35.5 roaches by Ire Uncertainties based upon exating occupation and/or potion lines vary from the laes established in this survey by maximum of 353 fert in the North-South direction and by a mas mum of 21.6 in the East Wes direction.

(C) AMBIGUITY OF RECORD DESCRIPTIONS: Upon review of the most current deeds of record, the beve tract desertion does not conten any ambiguity with any of the adjoinery descripticas Therefore, there are no uncertainties based upon record descriptions (D) RELATIVE POSITIONAL ACCURACY: The relative positional accuracy representing the uncertainty due to random emors la mesurements of the corners established in this surrey is lew than or equal to the specifications for a Seberban Survey (013 feet plus 100 ppm) as defined by 1ACX00 (2) ESTABLISHMENT OF LINES AND CORNERS The West line of subject treat was established on and along the West line of the Southese Quarter, greedy.

2 The Noth line of subject tract was established on and along the North line of the Southeex Quarter, uang record geometry The last line of mibjed tract was established on and along the Eut line of the West Half of the Southeex Quarter, using record geometry The South llees of subjea red www established on and along the Non Ine of the plat of Aspen Village, Sectives and i, d geometry The lines of Tract "B" were all established at the direction of the client NOTES 1. This survey is an opinion of a licensed land surveyor of the State of Indians as to the actual location of the lines and comers outlined in the preples Howner, this

he direction of the client NOTES 1. This survey is an opinion of a licensed land surveyor of the State of Indians as to the actual location of the lines and comers outlined in the preples Howner, this deed description. This opinion is based on Inge, relevant field and research evidence, and established surveying p operon is subject to the Interpretation of is deed e surveyor may strive a different conclusion and different location of the boundaries of the subject ired. Atenception, in the boundaries of adjacent tracts may not be consistent with the boundaries 2. A survey cannot resolve uncertainties in the position of the original boundaries that exis. Only courts may establish property lines The boundaries were established from the most arent recorded destitions. As shera or tele search may reveal the exence of and rights of others As of this date, no been sof deatus of the property can only 3. The food satement hereon is for informational purposes only. Accurate determination of the flood harend wate bemade by an elevation study which is beyond the supe of this survey.

4 No attempt has bem made to review or one to an opinion on the title or marketability of the tile. Any appearance of an opinion on the title is unintentionel 5. Unplattedments, saback thes, reaktive covenants, or land use regulations affecting the subject tract are shown only when doommentation of such matters has been furnished by the client c 7.

All documents of record and information from other public sources referred to in this survey are hereby wurpurated as part of this survey fully set out No sempt has been made to determine the zoning states of the property is the responsibility of the parties involved in the real estate transactice to determine compliance with roning regulations

t out No sempt has been made to determine the zoning states of the property is the responsibility of the parties involved in the real estate transactice to determine compliance with roning regulations Any fence or other evidence of porasion which varies from the weten tile liner may conte dvere poor presstive Subsurface and envenen ental conditions were not examined or considered as a part of this survey.

from the deed description and no certification is made that the land are shown 10 Any screage shown is based on the boundaries established from t on the survey is the react acreage owned by the client 11. Expression of distances to hundredths of a foot and angles to seconds of are is solely to misenize errors introduced by rounding Neither distances nor angles can be measured to the degree of precision implied by the rated units. No dimenson on the survey can be imprend to be of greater precision than the lentical uncertainty rated in Part (D) of the Surveyor's Rep 12. Since the last date of fieldwork of this survey, conditions beyond the knowledge or control of Sauer Land Surveying Ins may have altered de validity and crcumstances of matters shows or actua 13. Declaration is made to englsel purchaser of the survey, and lenot transferable to additional institutions or subsequent owners This survey is valid only with the surveyor's original or electronic signature and seal, full payment of invoice, and complete with all pages of the 14. No statement made by any employee or get of Saver Land Survey, Inc. is valid unless write herein.

La Deed of Record Dog 2014058234 Last Date of Fieldwork February 21, 2024 They property appoers to lie within Zune X asthe desanton plats by s on Flood Insurance Rate Map No. 18c 02700, effective August 3, 200 Rovisions

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og 2014058234 Last Date of Fieldwork February 21, 2024 They property appoers to lie within Zune X asthe desanton plats by s on Flood Insurance Rate Map No. 18c 02700, effective August 3, 200 Rovisions IAC 865 Survey & Surveyor's Report Part of the Southeast Quarter of Section 15, Township 30 North, Range 11 East. Allen County, Indiana.

косток белен сти For: City of Fort Wayne, Indiana Drawn By Sauer Land Surveying Inc. Chackad Dy TNKF 14033 ILLINOIS ROAD, BUITE C TEL: 200/4000000/ FAX 200/400 0001 FORT WAYNE, IN 46014 Date: October 27, 2023 Scalu 1" = 60' 062-107 "B" Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Journal Gazette.

Notice ID: Ud9FOapbP9TPZs9Ej3IH | Proof Updated: Aug. 16, 2024 at 02:05pm EDT Notice Name: #111-7-23-24-1 NOS 3500 Turf In This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.

FILER Michelle Fulk [email protected] (260) 427-6987 FILING FOR Journal Gazette Columns Wide: 1 Ad Class: Legals 08/22/2024: Government Notice Notice 90.24 08/29/2024: Government Notice Notice 90.24 Subtotal Tax % Processing Fee $180.48 0 $0.00 Total $180.48 See Proof on Next Page #111-7-23-24-1 NOS 3500 Turf In - Page 1 of 2 NOTICE OF SALE OF REAL ESTATE BY THE BOARD OF PUBLIC WORKS OF THE CITY OF FORT WAYNE Notice is hereby given that the Board Works of the City of Fort I receive bids for the sale of Board of Public Works of the property lo of Public eclared Wayne real has cated at 3500 3500 Purf Lane (aana to Bronco Drive), Fort be e surplus and is Wayne, said surplus located in bids sell to property The Aboperty.

parenship been designated number is has identification 02-11-15-401-001.000-

rf Lane (aana to Bronco Drive), Fort be e surplus and is Wayne, said surplus located in bids sell to property The Aboperty.

parenship been designated number is has identification 02-11-15-401-001.000075. The legal description of the surplus area to be sold is as follows: TRACT "A" (as described as Parcel V in Document Number 2014058234) Part of the Southeast Quarter of Section 15, Township 30 North, Range 11 East, Allen County, Indiana, based on an original survey by Joseph R.

Herendeen, Indiana Professional SurNumber 20900190 Land Surveying, Inc., Survey No.

107 "B", dated October 27, 2023, revised February 21, 2024, and being more particularly described as follows, to-wit: Beginning at the Center of said Section 15, being marked by a stone also being the Northeast corner of The Section II, as recorded in South Coves at plan, SE, page East (GPS grid Description, on and 18, in the Office of Recorder of Allen County Indiana; thence 00 degrees 25 minutes 03 seconds and basis of all bearings in this aloner and the E the West line of sald Southeast at Westlakes, 43 point Coves line of said Coves Section II, a distance of of intersection of said West line with the North line of Aspen Village Section II, as recorded in Plat 77 to a #5 rebar at the pages 92-96, in the Office of said Recorder ; South degrees seconds East, on 56 lage, the Section II.

line of said A42.09 feet to the Ace of St the corner thereof, I corner of As as recorded 1 in Vecord pages 14-17, in the Office said Recorder; thence 89 degrees 16 minutes 07 seconds East, on and along the North line of said tance the age, Section I, a dis feet to a #5 rebar at a point on the West thereof, being of Aboite Meadows , Section "C" Block 5, as recorded in Plat Record 37, pages the Office of said Recorder;

said tance the age, Section I, a dis feet to a #5 rebar at a point on the West thereof, being of Aboite Meadows , Section "C" Block 5, as recorded in Plat Record 37, pages the Office of said Recorder; thence North 00 degrees 10 minutes 46 seconds West, on and to West line, a distance of 42 of said feet an iron rail post at the Northwest corner thereof, being a South corner erald Lake of Covington, as thence 38 pages 155 in Plat Record 48, Recorder In the Office of North 89 52 degrees minutes Lake of seconds West, on and along the South line of said Emerald Covington, a distance of 1321.88 feet to the point of beginning, containing 13.027 acres of land, and subject to all easements of record.

EXCEPTING THERE FROM: (part of a tract described as Parcel V in Document Number 2014058234) Part of the Southeast Quarter of Section 15, Township 30 North, Range 11 East, Allen County, Indiana, based original survey by Joseph R.

Herendeen, Indiana Professional Surveyor Number 20900190 of Sauer Land Surveying, Inc., Survey No. 062107 "B", dated October 27, 2023, vised February 21, 2024, and being more particularly described as follows, to-wit!

reCommencing at the Center of said Section 15, being marked by a stone, also being the Northeast corner of of The Coves at Westlakes, Section II, as recorded in Plat Cabinet E, page 18, in the Office of the Recorder Allen County, Indiana; thence South 00 degrees 25 minutes 03 seconds East (GPS 6 grid bearing and basis of all bearing in this description), on and along West ne of sald Southeast Quarter and the East line of of said Coves Section II, a distance at Westlakeet to a #5 rebar at the of point of intersection of said West line with the North line Section II , in the Office of 39, pages 92-96, in in Plati Recorder; thence SouEast

ion II, a distance at Westlakeet to a #5 rebar at the of point of intersection of said West line with the North line Section II , in the Office of 39, pages 92-96, in in Plati Recorder; thence SouEast , on 56 minutes 46 seconds said degrees 89 Aspen 6 Vil1.66 of sald along the North instance of lage, Section feet; thence North 00 degrees 28 minutes 50 seconds West, a distance feet to #5 rebar at the of thence North 20 seconds true 01 minutes West, a distance of 159.10 feet to rebar; thence North 88 degrees 37 minutes 12 seconds East, a distance #5 rebar; thence of 19.82 feet of 67.31 feet to minutes 00 sec100 degrees East, a à distance South to a # 5inutes onds grees 34 thence 32 89 dedeseconds East rebar; thence South 00 degrees 02 minutes 2 22 a distance seconds West, of 19978 feet to a #5 rebar; thence degrees 33 minutes 37 seconds West, a distance of 50.00 feet to a #5 rebar; thence North 69 degrees 23 minutes 54 seconds West, a dis tance of 169.41 feet to the true point of beginning, containing 0.885 acres land, and subject to all easements of of record.

are Sale of the land will be conditioned on the grant of ingress/egress and utility easements for existing, water, storm drainage, and sewer facilities. The property, including all fixtures, equip ment, and "WHERE-IS," and being sold "Arovements thereon, "WITH ALL FAULTS," without warran ty of kind from Seller, either exany press or implied. Buyer will be respon sible for any additional surveying and for other closing costs.

Bids may be mailed or hand delivered to the attention of: BOARD PUBLIC WORKS OF CITY OF FORT WAYNE 200 EAST BERRY STREET-SUITE 210 FORT WAYNE, INDIANA 46802 No bid lower than Two Hundred Forty Thousand Dollars ($240,000) will be accepted.

All bids shall be on the form pre-

RKS OF CITY OF FORT WAYNE 200 EAST BERRY STREET-SUITE 210 FORT WAYNE, INDIANA 46802 No bid lower than Two Hundred Forty Thousand Dollars ($240,000) will be accepted.

All bids shall be on the form prescribed by the Board of Public Works.

A bid submitted by a trust as defined in IC 30-4-1-1(a) must identify each of the trust and the settlor beenciary to revoke or modify the trust. The property may not be sold to a person who is ineligible under Section 16 of Chapter 11, Disposal of Property, Indiana Code 36-1.

The sale of the real estate commences on September 5, 2024, and Ni!

vember 4 2024; however the Board reserves the right to sell the property to the highest and best bidder before expiration of such time pursuant to IC 36-1-11-4, B30pm local time on shall be submitted, no later than November 2024, to the Office the Board of Public Works, Suite 210 Citizens Square. Bids received after such time will be returned unopened.

of Bids will be open to public inspection and bidders may raise their bids by submitting a revised bid form. A revised bid will become effective once the Board has given written notice of the revised bid to all other bidders.

No bid will be accepted from, or awarded to, any person, firm, or cor poration that is in arrears to the City of Fort Wayne; who has failed to execute, in whole or in part in a satisfactory manner, any contract with the City of Fort Wayne; or who is a defaulter as to surety or otherwise upon any obligation to the City of Fort Wayne.

The Board of Public Works reserves the right to reject any and all bids and to waive any defect in any bid.

BOARD OF PUBLIC WORKS Shan Gunawardena, Chair Chris Guerrero, Member Kumar Menon, Member Attest: Michelle Fulk-Vondran, Clerk Advertise in the Journal Gazette on

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ds and to waive any defect in any bid.

BOARD OF PUBLIC WORKS Shan Gunawardena, Chair Chris Guerrero, Member Kumar Menon, Member Attest: Michelle Fulk-Vondran, Clerk Advertise in the Journal Gazette on August 22, 2024 and August 29, 2024.

hspaxip 8-22, 8--29 #111-7-23-24-1 NOS 3500 Turf In Page 2 of 2 Cu 6.3.2025 1 2 3 REAL PROPERTY PURCHASE AGREEMENT Fort Wayne City Utilities The City of Fort Wayne ("Seller") agrees to sell the fee simple title to that part of the following Real Property that is specified below, for the consideration stated below, subject to the conditions, requirements, and stipulations described in the following Purchase Agreement.

4 5 CONTACT INFORMATION and LOCATION OF PROPERTY 6 7 Buyer(s) Name(s): Springmill Woods Development, LLC ("Buyer") 8 9 10 11 12 13 14 15 Principal: Jamie Lancia, Member Primary Telephone: 260-739-7020 Mailing Address: 9430 Lima Rd, Fort Wayne Indiana 46818 Property Address: 3500 Bronco Drive, Fort Wayne, Indiana 46804 Latest Deed of Record: Document Number 2015004992 Parcel Identification Number: 02-11-15-401-001.000-075 16 17 Land area of total parcel: 13.027 acres 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Land area being purchased: 12.036 acres, designated Tract "A" on survey prepared Sauer Land Surveying dated October 27, 2023 (the "Property”).

PURCHASE PRICE The City agrees to accept from the Buyer the total purchase amount of $240,000.00 (Two Hundred and Forty Thousand Dollars and Zero Cents) for the Property.

EXPIRATION OF OFFER This Purchase Agreement shall be returned to the City no later than 12 noon, on May 20, 2025, otherwise this Purchase Agreement shall be null and void and both parties shall be released from the transaction.

APPROVALS BY BOARD OF PUBLIC WORKS and COMMON COUNCIL

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r than 12 noon, on May 20, 2025, otherwise this Purchase Agreement shall be null and void and both parties shall be released from the transaction.

APPROVALS BY BOARD OF PUBLIC WORKS and COMMON COUNCIL This transaction is subject to approval by both the Board of Public Works and the Common Council of the City of Fort Wayne, Indiana. In the event that either body does not approve this transaction, the transaction shall be terminated and both parties shall be released from this Purchase Agreement.

CLOSING Closing Date: The closing date for this transaction shall be on or before August 1, 2025, or this Agreement shall terminate unless an extension of time is mutually agreed to in writing. Any change in the closing date shall be agreed to in writing by both parties.

41 42 Location of Closing: 43 The closing shall be held at a place TBD.

44 45 Closing Fees: 46 47 All fees charged by the closing agent, including document preparation and recording fees, shall be paid by the City.

48 Page 1 REAL PROPERTY PURCHASE AGREEMENT Fort Wayne City Utilities The entire amount shall be paid in cash.

Both parties agree that all funds delivered to the closing agent's escrow account shall be such that the closing agent shall be able to distribute all funds in accordance with I.C. 27-07-3.7-1 through 2707-3.7-1-10, inclusive. Furthermore, all funds sent from one source, when the amount is $10,000.00 or greater, shall be sent in the form of an irrevocable wire transfer to the escrow account of the closing agent, and all funds under $10,000.00 from one source shall be guaranteed to be "Good Funds" as defined by the aforesaid Indiana Code.

49 METHOD OF PAYMENT 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 POSSESSION Possession of the Property shall be given to the Buyer at closing.

s" as defined by the aforesaid Indiana Code.

49 METHOD OF PAYMENT 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 POSSESSION Possession of the Property shall be given to the Buyer at closing.

NOTICE OF DEFECTIVE CONDITIONS The Seller certifies that no governmental agency has served notice ordering the repair or correction of any defective conditions.

The Seller shall maintain the Property in its present condition until the Buyer takes possession.

The Buyer may inspect the Property prior to closing to determine whether there is compliance with this clause. The Seller shall remove all rubbish and personal property.

69 BOUNDARY SURVEY If indicated below, Seller shall furnish the Buyer with a boundary survey performed in accordance with I.A.C. Title 865, Rule 12, for which the corner markers of the Property are established and marked prior to the closing date. Such survey shall (i) be delivered prior to the closing; (ii) certified as of the current date; (iii) be reasonably satisfactory to the Buyer; (iv) show the location of all visible improvements; (v) depict recorded easements identified by the current title commitment, and also items on the real property which indicate that an easement interest may have become established via unwritten rights; and (vi) depict the current flood zone designation of the Real Property as indicated on the current Flood Hazard Boundary Map maintained by the U.S. Department of Homeland Security, Federal Emergency Management Agency.

70 71 72 73 74 75 76 77 78 79 80 81 82 83 Or 84 85 86 87 88 89 zone.

90 91 92 93 94 95 96 97 98 The expense for the survey shall be shared equally.

The requirement for a survey is waived. (Failure to select either of these options constitutes waiver of the survey requirement.)

FLOOD HAZARD AREA

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The expense for the survey shall be shared equally.

The requirement for a survey is waived. (Failure to select either of these options constitutes waiver of the survey requirement.)

FLOOD HAZARD AREA The Buyer may not cancel this Purchase Agreement if the Property is located in a flood hazard OTHER USE LIMITATIONS The Buyer may not terminate this Agreement if the Property is subject to building or use limitations defined by local zoning ordinances which materially affect the Buyer's intended use of the Property.

Page 2 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 INSPECTIONS REAL PROPERTY PURCHASE AGREEMENT Fort Wayne City Utilities The Buyer acknowledges that it has the right to obtain independent inspections disclosing the condition of the Property, including any buildings, and has been given the opportunity to order those inspections as a part of its due diligence efforts prior to concluding the transaction.

The Buyer reserves its right to conduct independent inspections. All inspections are at the Buyer's expense and shall be performed by licensed independent inspectors or qualified independent contractors that shall be chosen by the Buyer, and paid for their services by the Buyer.

The Seller shall make arrangements so that all areas of the Property, including any buildings, are open and accessible for inspection.

Inspections and Response Periods: All inspections that Buyer intends to undertake shall be ordered by the Buyer immediately following the execution of this document. Buyer shall have until May 31, 2025 (such period being the

Periods: All inspections that Buyer intends to undertake shall be ordered by the Buyer immediately following the execution of this document. Buyer shall have until May 31, 2025 (such period being the "Inspection Period”) to notify Seller in writing of any defects of, on, with, or in the Property. In the event that the presence of a defect is revealed and Buyer shall have notified Seller in writing with regard to any such defect, Buyer shall have 10 calendar days to request, obtain, and respond to Seller in writing with regard to any such defects. Buyer shall provide Seller any underlying reports or studies related to such defect.

If the Buyer does not notify Seller of a defect within the Inspection Period, then the Property shall be deemed to be acceptable.

In the event that Buyer reasonably believes that an inspection has revealed a defect with the Property, not disclosed by Seller prior to entering into this Purchase Agreement (and excluding routine maintenance and minor repair items), and the Seller fails to remedy the defect to the Buyer's reasonable satisfaction before closing (with a reasonable opportunity of Seller to cure), then Buyer may terminate this Purchase Agreement at any time before closing. Alternatively, Buyer may waive the right to have the defect cured prior to closing, or Buyer and Seller may agree to have the defect remedied following closing.

(Under Indiana law, a "defect" means a condition that would have a significant adverse effect on the value of the Property, that would significantly impair the health or safety of future occupants of the Property, or that if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the premises.)

DISCLOSURES

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lth or safety of future occupants of the Property, or that if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the premises.)

DISCLOSURES The "Residential Real Estate Sales Disclosure" form is Not Applicable.

The "Lead-Based Paint Certification and Acknowledgment" form is Not Applicable.

TITLE WORK and DEED Before closing, the Buyer shall be furnished with a title insurance commitment using the most current and comprehensive ALTA Owner's Title Insurance Policy available in an amount equal to the purchase price. In order to proceed with the transaction, the Seller shall have marketable title to the Real Property in the Seller's name. The Seller shall convey the fee simple title to the Property free and clear of any encumbrances and title defects, with the exception of any restrictions or easements of Page 3 REAL PROPERTY PURCHASE AGREEMENT Fort Wayne City Utilities record not substantially interfering with the Buyer's planned use of the Property, or otherwise agreed upon between the parties.

148 149 150 151 Title Insurance Fees: 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 The premium for the title insurance policy and all fees charged to prepare an Owner's Title Insurance Policy shall be paid by the Seller.

The costs to resolve any title issues affecting the Property so that marketable title can be conveyed shall be paid by the Seller.

Type of Deed: The conveyance of the Property shall be accomplished with a Special Warranty Deed, subject to easements, restrictive covenants, other encumbrances of record, and taxes.

Title Objections:

Type of Deed: The conveyance of the Property shall be accomplished with a Special Warranty Deed, subject to easements, restrictive covenants, other encumbrances of record, and taxes.

Title Objections: Should Buyer notify Seller before the expiration of the Inspection Period of any matters revealed by the title commitment or survey which Buyer objects to, in its commercially reasonable opinion, then Seller shall have ten (10) days to cure the same or obtain, at Seller's cost and expense, an endorsement insuring over the same. Should Seller not sure such title or survey matters within such time frame, Buyer may terminate this Agreement at any time thereafter, in which case neither party shall have any further obligations to the other.

REAL PROPERTY TAXES All real property taxes that have been assessed for any prior calendar year that have not been paid shall be paid by the Seller. Real property taxes that have been assessed for the present year, that are due and payable in the year after closing, shall also be paid by the Seller prorated up to the day immediately prior to the closing date.

For the purpose of determining the amount to be credited for accrued but unpaid taxes, the taxes shall be assumed to be the same as the most recent year for which taxes were billed based upon the certified tax rates. This settlement shall be final.

PRORATIONS for PUBLIC UTILITIES and SPECIAL ASSESSMENTS Utilities and Garbage Services: The Seller shall pay for all public utility and garbage service charges up to the last day of possession.

Special Assessments for Public Improvements: The Seller shall pay any special assessments assessed against the Property for public improvements previously made by a governmental unit that benefit the Property. The Seller certifies

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Improvements: The Seller shall pay any special assessments assessed against the Property for public improvements previously made by a governmental unit that benefit the Property. The Seller certifies that it has no knowledge of any proposed improvements which may result in assessments.

Public improvements that will benefit the Property that are not completed as of the closing date, but will result in an assessment against the Property shall be paid by the Buyer.

LEGAL JURISDICTION This Purchase Agreement shall be interpreted under and according to the laws of the State of Indiana without regards to its conflicts of laws principles and shall be binding upon the Buyer and Seller, their respective heirs, successors, assigns administrators, executors, and legal representatives.

Page 4 REAL PROPERTY PURCHASE AGREEMENT Fort Wayne City Utilities All rights, duties and obligations of the parties shall survive the passing of title to, or an interest in, the Property.

In any dispute or legal proceeding brought in regard to this Purchase Agreement or the associated transaction, each party shall bear their own attorney's fees, except as provided by law.

SAVINGS CLAUSE If any provision contained in this Agreement is found to be illegal or unenforceable in any respect, that determination shall not affect any other provision of this Purchase Agreement.

198 199 200 201 LEGAL FEES 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 D.

219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 OTHER STIPULATIONS A. All funds payable in this transaction shall be paid at the closing.

B. This Agreement constitutes the only agreement between the parties, supersedes any prior arrangements, understandings, or written or oral agreements between the parties with regard

d at the closing.

B. This Agreement constitutes the only agreement between the parties, supersedes any prior arrangements, understandings, or written or oral agreements between the parties with regard to this transaction, and cannot be changed without the written consent of each party.

C. The Seller certifies that the Seller is not a "Foreign Person" (pertains to an individual entity) and, therefore, is not subject to the “Foreign Investment in Real Property Tax Act."

Seller discloses that it does not hold an Indiana Real Estate License.

E. Buyer discloses that it holds Indiana Real Estate License # ADDITIONAL CONDITIONS Buyer to grant ingress/egress and utility easements to Seller, in Seller's standard general utility easement form, to be executed concurrently and recorded immediately subsequent to recording of title transfer, for existing water, storm drainage, and sewer facilities, as shown on survey of property prepared Sauer Land Surveying dated October 27, 2023.

This Purchase Agreement may be executed concurrently in two or more counterparts, each of which shall be considered as an original document, but all of which altogether shall be one and the same document. The parties stipulate that this Purchase Agreement may be transmitted between them by U.S.

Postal Service, other service such as FedEx, courier, facsimile, or e-mail. The parties acknowledge that digitally or electronically transmitted signatures shall be considered as original signatures and are binding on the parties. The City shall keep possession of the original of the Purchase Agreement.

By signing below, the parties to this transaction acknowledge receipt of a copy of this Purchase Agreement, and agree to the conditions, requirements, and stipulations as stated.

236 237 238 239 240

Pages 14–15

.

By signing below, the parties to this transaction acknowledge receipt of a copy of this Purchase Agreement, and agree to the conditions, requirements, and stipulations as stated.

236 237 238 239 240 [Executions on following page.] Page 5 REAL PROPERTY PURCHASE AGREEMENT Fort Wayne City Utilities 241 BUYER: 242 243 SPRINGMILLWOODS DEVELOPMENT, LLC 244 245 This Purchase Agreement is ✗ ACCEPTED 246 247 248 Jamie S. Lancia, Member 249 250 251 252 SELLER: 253 254 BOARD OF PUBLIC WORKS 255 256 257 258 259 BY: Date: 6.3.2025 Man 260 Shan Gunawardena, Chair 261 262 263 BY: 264 265 266 267 268 269 270 271 272 Kumar Menon, Member Y CRA BY Chris Guerrero, Member ATTEST: сп Michelle Fulk-Vondran, Clerk 273 REJECTED.

Date: 05-19-2025 Page 6 Interoffice Memo City Utilities Engineering Date: June 2, 2025 To: Common Council Members From: RE: Seth Weinglass, Program Manager - Capital Project Services - Telephone: 427-1330 Sale of 3500 Bronco Drive, Fort Wayne, Indiana 46804 Council Introduction Date: June 10, 2025 - Council District #: 4 Background & supporting information: City Utilities has reached an agreement to sell approximately 12.036 acres of surplus land on a 13.027-acre parcel acquired from Aqua Indiana, located at 3500 Bronco Drive. An elevated water tank, an outbuilding, and other utility equipment will all remain in service, within a fenced area on a 0.855-acre new parcel that will continue to be owned by City Utilities. Several easements will be granted to City Utilities as a condition of sale, protecting underground water lines and storm drainage features.

In 2024, the surplus land was appraised and put up for public auction pursuant to Indiana Code section 36-1-11-4. The Board of Public Works received one bid, from Springmill Woods

Pages 15–17

m drainage features.

In 2024, the surplus land was appraised and put up for public auction pursuant to Indiana Code section 36-1-11-4. The Board of Public Works received one bid, from Springmill Woods Development, LLC, for the advertised price of $240,000, based on the higher of the two appraisals obtained.

Since the sale price exceeds $50,000, Council approval is required by Indiana Code section IC 36-1-11-3(c)(1). The buyer conditioned its bid on re-zoning approval, which has since been granted.

Other terms and conditions of the sale are in the attached purchase agreement.

Implications of not being approved: If this sale is not approved, City Utilities will not realize the negotiated proceeds of the transaction, and will continue to incur the liabilities of ownership of this surplus land.

Justification if prior approval is being requested: Not applicable.

Funding source: Not applicable.

Attachments: Aerial map Board of Public Works Resolution re Intent to Sell Published Notice of Sale • Purchase Agreement CC: Matthew Wirtz Jill Hefrich BILL NO. R-25-06-03 REPORT OF COMMITTEE ON FINANCE June 17, 2025 Geoff Paddock Chair Nathan Hartman Co-Chair All Council Members A Resolution approving the sale of certain real estate located at 3500 Bronco Drive for the City of Fort Wayne, Division of City Utilities Selling for a price of $240,000.00 COMMITTEE ON FINANCE HAVE HAD SAID Ordinance under consideration and beg leave to report back to the Common Council that said Ordinance DO PASS DO NOT PASS COUNCIL MEMBER BENDER BOOKER CHAMBERS ENSLEY Dahl Broth Двой FREISTROFFER Natt HARTMAN JEHL MYERS PADDOCK ABSTAIN /t. Bc.

LANA R. KEESLING CITY CLERK The Keishing Public Hearing Date: N/A

O NOT PASS COUNCIL MEMBER BENDER BOOKER CHAMBERS ENSLEY Dahl Broth Двой FREISTROFFER Natt HARTMAN JEHL MYERS PADDOCK ABSTAIN /t. Bc.

LANA R. KEESLING CITY CLERK The Keishing Public Hearing Date: N/A Read the first time in full and on motion by Councilperson Paddock.

Read the second time by title and referred to the Finance Committee.

Read the third time in full and on motion by Councilperson Paddock, placed on passage by the following vote: TOTAL VOTES BENDER BOOKER CHAMBERS ENSLEY FREISTROFFER HARTMAN JEHL MYERS PADDOCK AYES NAYS ABSTAINED ABSENT DATED: June 24, 2025 Phra R. Keisling LANA R. KEESLING, CITY CLERK Passed and adopted by the Common Council of the City of Fort Wayne, Indiana, as Resolution No.

R-25-06-03 ATTEST: Arxa LANA R. KEESLING CITY CLERK on the 24th day of June 2025 ' Рить от PRESIDING OFFICER of June Presented by me to the Mayor of the City of Fort Wayne, Indiana, on the 2025, at the hour of 9:35 o'clock A.M.

25th E.S.T.

R. Kesling LANA R. KEESLING, CITY CLERK Approved and signed by me this 25 day of 25 day of June 2025, at the hour of 4:37 o'clock p.m. .E.S.T.

SHARON TUCKER, MAYOR