Rev 3.0

Conditional Sales Agreement

WITNESSETH THIS AGREEMENT dated June ___, 2014, by and between THE STATE OF INDIANA acting through the Indiana Department of Administration, (“Seller”) and ________________________________________________________________, (“Buyer”).

In consideration of this Agreement, Seller and Buyer agree as follows:

1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively, “Property”):

1.1 Property. The property commonly known as ~9971 Carrollton Avenue, Indianapolis, Hamilton County, Indiana, described on the attached Exhibit A (“Land”) together with all buildings, improvements and fixtures constructed or located on the Land (“Buildings”) and all easements of record and rights benefiting or appurtenant to the Land (collectively the “Property”), subject to all existing legal rights-of-way, easements, conditions and restrictions of record.

1.2 Access. The subject parcel currently has limited public access or right of entry. The buyer will be responsible for gaining legal access to the property. Ingress/Egress permits may be submitted to the Department of Transportation and approved or denied at the agencies sole discretion. No assurance of such a permit is expressed or implied.

1.3 Personal Property. No personal property is being sold or conveyed as a part of this Purchase Agreement.

2. Purchase Price, Buyer’s Premium, and Manner of Payment. The total purchase price (“Purchase Price”) to be paid for the Property shall be ________________________________ Dollars ($________________). The Purchase Price shall be payable as follows:

2.1 In conjunction with execution of this Agreement (the “Execution Date”), Buyer shall submit ____________________________________________ Dollars ($_______________) to Seller as earnest money (“Earnest Money”). In the event this Agreement is not accepted by Seller, the Earnest Money shall be promptly returned to Buyer. Upon acceptance of this Offer by Seller, such Earnest Money shall secure the Buyer's performance of this Agreement and in the event of a default by Buyer in the performance of its obligations herein specified, Seller shall have the right to terminate this Agreement and the Earnest Money shall be paid to Seller as liquidated damages as Seller’s sole remedy at law or in equity; and

2.2 The balance of the Purchase Price, subject to adjustments as set forth herein, shall be payable in certified funds or by electronic transfer of funds on the “Closing Date” (as hereinafter defined).

2.3 In addition to the Purchase Price, Buyer shall, at Closing as hereinafter defined, pay Seller’s representative a 10% Buyer’s premium pursuant to the terms of a separate addendum to this Agreement.

3. Contingencies and Inspection Period. The obligation of the Seller is contingent upon approval of the transaction contemplated by this Agreement as required by IC 4-13-2-14.1, IC 4-13-2-14.2 and IC 4-20.5-7.

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4. Closing. In the event that Seller has accepted this Agreement and the parties proceed to closing, the closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur within thirty (30) days following State approval as set forth above (the “Closing Date”), such final closing is subject to and conditional upon approval by the Office of the Governor and the Indiana Attorney General, unless extended by mutual agreement of the parties. The Closing shall take place at a time, place, and on a date agreeable by Seller and Buyer. The Buyer will be responsible for title fees, escrow fees, and costs charged by the company with whom the earnest money is deposited as outlined in Section 5.1.

4.1 Seller’s Closing Documents. On the Closing Date, Seller shall have executed and delivered or caused to be delivered to Buyer the following (collectively, “Seller’s Closing Documents”), all in form and content reasonably satisfactory to Buyer:

4.1.1 Deed. A Quitclaim Deed conveying the Property to Buyer, an exemplar of such Quitclaim Deed is attached hereto as Exhibit B.

4.1.2 Documents. Copies of all contracts, permits and warranties affecting the Property that will survive the Closing, if any.

4.1.3 Sales Disclosure Form. An Indiana sales disclosure form.

4.1.4 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer title to the Property to Buyer free and clear except Permitted Exceptions to Title.

4.2 Buyer’s Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, “Buyer’s Closing Documents”):

4.2.1 Purchase Price. Funds representing the Purchase Price, by electronic transfer of immediately available funds.

4.2.2 Assumption of Contracts, Permits, Warranties and Miscellaneous Documents. An Assumption of Contracts, Permits and Warranties, if any, assuming Seller’s obligations under such documents.

4.2.3 Sales Disclosure Form. An Indiana sales disclosure form.

4.2.4 Other Documents. All other documents reasonably determined by Seller or Title Company to be necessary to complete the transaction contemplated by this Agreement.

5. Allocation of Costs. Seller and Buyer agree to the following allocation of costs regarding this Agreement:

5.1 Title Insurance and Closing Fee. Buyer shall be solely responsible for the payment of all premiums and fees associated with title insurance, including any and all closing fees or recording charges. Buyer shall be responsible for payment, at or before Closing, of search fees charged by the title company from whom Seller obtained a preliminary title review and commitment. Unless waived by the title company, said closing fees shall be payable by Buyer whether or not Buyer obtains a policy of title insurance.

5.2 Taxes and Assessments. The Property being conveyed is owned by the State of Indiana and is exempt from all real property taxes. The Seller shall assume no responsibility or liability for any real property taxes or other assessments from which it is statutorily exempt. Buyer shall be solely responsible for, and indemnify Seller against, any and all real property taxes assessed with respect to the Real Property on or after Closing.

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5.3 Utilities. Seller shall either ensure that utility service to the Property is disconnected as of the Closing Date or shall cooperate with Buyer in having such utility services transferred to Seller’s account. All contracts relating to operating the Property shall be canceled as of the Closing Date.

5.4 Attorney’s Fees. Each of the parties will pay its own attorney’s fees.

6. Evidence of Title. In the event that Buyer does not order and receive a commitment for title insurance, Seller shall, at its expense, within ten (10) days after written request from Buyer, furnish to Buyer a copy of the documents by which the State obtained or otherwise holds title or a letter from the State Land Office describing the documents by which the State obtained and otherwise holds title. Seller will cooperate with the Buyer or its title company in clarifying or resolving any perceived deficiencies or clouds in the title, but shall not be required to incur any expense beyond commitment of the time of the State Land Office. If such issues cannot be resolved to Buyer’s satisfaction, Buyer may terminate this Agreement, and the Earnest Money, if any, shall be returned.

7. Maintenance of the Real Property Prior to Closing. During the period from the date of Seller’s acceptance of this Agreement to the Closing Date, Seller shall maintain the Property and improvements in a reasonably prudent manner. Seller shall execute no contracts, leases or other agreements regarding the Property between the date hereof and the Date of Closing that are not terminable on or before the Closing Date, without the prior written consent of Buyer, which consent may be withheld by Buyer at its sole discretion.

8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows:

8.1 Existence; Authority. Seller has the requisite power and authority to enter into and perform this Agreement and to execute and deliver Seller’s Closing Documents; such documents have been duly authorized by all necessary action.

8.2 Contracts. Seller has made available to Buyer a correct and complete copy of any Contract and its amendments which will survive a closing hereunder, if any.

8.3 Operations. Seller has received no written notice of actual or threatened cancellation or suspension of any utility services for any portion of the Property. Seller has received no written notice of actual or threatened special assessments or reassessments of the Property.

8.4 Litigation. To Seller’s knowledge, there is no litigation or proceeding pending or threatened against or relating to the Property, nor does Seller know of or have reasonable grounds to know of any basis for any such action or claim.

8.5 Physical Condition. Seller makes no representation or warranty concerning the physical condition of the Property and puts Buyer to the obligation to satisfy itself pursuant to the contingency contained in Section 3 above.

9. Casualty; Condemnation. If all or any part of the Property is materially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within thirty (30) days after Seller’s notice. If eminent domain proceedings are threatened or commenced against all or any part of the Property, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within thirty (30) days after Seller’s notice. Termination of this Agreement and return of all Earnest Money are Seller’s sole remedies

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10. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows:

If to Seller: Commissioner Indiana Department of Administration 402 W. Washington St., W479 Indianapolis, IN 46204 With Copy to: Attorney General Office of the Indiana Attorney General 302 W. Washington St. Indianapolis, IN 46204 If to Buyer: With a Copy to:

Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of such change.

11. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Indiana, and any suit must be brought in an Indiana court of competent jurisdiction.

12. Remedies. If Buyer defaults, and if Buyer fails to cure such default within ten (10) days of the date of notice of such default from Seller, then Seller shall have the right to terminate this Agreement by giving written notice of termination to Buyer. In the event of termination Seller will receive the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. Buyer’s sole remedy for any default by Seller shall be termination of this Agreement and return of the Earnest Money.

13. Buyer’s Examination. Buyer is relying solely upon its own examination of the Property and inspections in determining its physical condition, character, and suitability for Buyer’s intended use of the Property and is not relying upon any representation by Seller or any broker, except for those made by Seller directly to Buyer in writing in Exhibit C, which is attached to this agreement. Buyer agrees and acknowledges that it is accepting the Property “AS IS” subject to all faults of every kind and nature whatsoever, whether latent or patent, and whether now or

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hereafter existing, and Buyer acknowledges that it has based its decision to purchase the Property solely upon information obtained independently by Buyer. Buyer shall sign a Hold Harmless Affidavit, an exemplar of such Hold Harmless Affidavit is attached hereto as Exhibit D. Buyer shall acquire the Property subject to all laws imposed upon the Property by any governmental or quasi-governmental authority having jurisdiction thereof. Buyer represents and warrants to Seller that Buyer has not relied, and will not rely, upon the representation or statement, or the failure to make any representation or statement, by Seller or Seller’s agents, employees or by any person acting or purporting to act on the behalf of Seller with respect to the physical condition of the Property.

14. Compliance with Telephone Privacy. As required by IC 5-22-3-7: (1) The Buyer and any principals of the Buyer certify that (A) the Buyer, except for de

minimis and nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations] , or (iii) IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the Buyer will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law. (2) The Buyer and any principals of the Buyer certify that an affiliate or principal of the Buyer and any agent acting on behalf of the Buyer or on behalf of an affiliate or principal of the Buyer (A) except for de minimis and nonsystematic violations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law.

15. Withdrawal of Offer. This Agreement shall be deemed to be withdrawn, unless accepted by Seller, after one-hundred-fifty (150) days of delivery to Seller. In the event of a withdrawal under this section, Buyer shall be entitled the return of the Earnest Money.

16. Additional terms.

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

17. Non-Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Buyer, or that he/she is the properly authorized representative, agent, member or officer of the Buyer, that he/she has not, nor has any other member, employee, representative, agent or officer of the Buyer, directly or indirectly, to the best of the undersigned’s knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid any sum of money or other consideration for the execution of this Property Purchase Agreement other than that which appears upon the face of this Agreement.

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In Witness Whereof, Buyer and the Seller have, through their duly authorized representatives, entered into this Property Purchase Agreement. The parties, having read and understood the foregoing terms, do by their respective signatures dated below hereby agree to the terms thereof. BUYER: ____________________________________ Signature

____________________________________

Printed Name

____________________________________

Title

BUYER SHALL TAKE TITLE OF THE PROPERTY AS FOLLOWS:

BUYERS PRIMARY ADDRESS:

_____________________________________________________________________________________

SELLER: State of Indiana acting through the Indiana Department of Administration. By For:

EXHIBIT B

QUITCLAIM DEED THIS INDENTURE WITNESSETH, that the STATE OF INDIANA, acting through the Governor of the

State of Indiana and the Commissioner of the Indiana Department of Administration, or their respective designees,

and by the authority of Indiana Code 4-20.5-7-11, RELEASES and QUITCLAIMS to:

for good, valuable, and sufficient consideration, receipt of which is hereby acknowledged, the real property located

in ______________County, Indiana and more fully described on Exhibit A, attached hereto and incorporated fully

herein.

Subject to all existing legal rights-of-way, easements, conditions, and restrictions of record.

IN WITNESS WHEREOF, the undersigned have executed the foregoing Quitclaim Deed on behalf of the State of

Indiana this ________ day of _____________ 2011.

____________________________________

David L. Pippen, Designee for

Mitchell E. Daniels, Jr. Governor

State of Indiana )

) ss:

County of Marion )

Before me, a Notary in and for said County and State, personally appeared David L. Pippen, designee of the

Governor of Indiana pursuant to IC 4-20.5-7-17 (b), and acknowledged execution of the foregoing Quitclaim Deed

this ________ day of ___________ 2011.

Notary signature: ___________________________________

Notary name printed: ________________________________

My commission expires: __________________ I reside in _______________ County

____________________________

Anthony Green, Designee for

Robert D. Wynkoop, Commissioner

Indiana Department of Administration

State of Indiana )

) ss:

County of Marion )

Before me, a Notary in and for said County and State, personally appeared Anthony Green, designee of the

Commissioner, Indiana Department of Administration, and acknowledged execution of the foregoing Quitclaim

Deed this ________ day of ___________ 2011.

Notary signature: ___________________________________

Notary name printed: ________________________________

My commission expires: __________________ I reside in _______________ County

Approved as to form and legality:

__________________________________ Date: ______________________

Gregory F. Zoeller, Attorney General

Send tax bills to: same address above

Filed in Indiana State Land Office:

This instrument prepared by Tim A. Grogg Esq. (Attorney No. 7316-03), Legal Counsel, Indiana Department of

Administration, 402 West Washington Street, W 479, Indianapolis, IN 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. ____________________________________

EXHIBIT C

Categorical Exclusion Level 1 Form Project: Excess Parcels 24, 24A, & 51 Des No:

LA Codes

5084 &

0490

Form Version: June 2013

Attachment 1 of the CE Manual

Page 2

SCOPE OF THE PROPOSED ACTION

Public Involvement* No: X Yes: Possible:

Comments:

No public hearing is required for a project of this type under INDOT’s FHWA-approved public

involvement guidelines. This does not preclude one or more public hearings or public information

meetings in the future.

Right-of-way (permanent and temporary, in acres) No: X Yes: Possible:

Comments: This action does not involve the acquisition of any new permanent or temporary right-of-way or ground

disturbing activities. The entire parcel lies within the existing right-of-way.

Disruption to public facilities/services (such as schools, emergency

service) No: X Yes: Possible:

Comments: This action will not result in a disruption to public facilities/services.

Involvement with existing bridge(s) Include structure number(s) No: X Yes: Possible:

Comments: This action has no involvement with an existing bridge(s) or small structure(s).

* Limited public involvement, CE-1 level projects will typically have no public hearing opportunity offered.

INVOLVEMENT WITH RESOURCES

Streams, Rivers, and Watercourses Impacted (linear feet) No: X Yes: Possible:

Comments:

A review of the U.S. Geological Survey (USGS) topographic map and Red Flag Investigation – Water

Resources map (see Appendix C, pages 5 and 7) revealed that there are no streams, rivers, or watercourses

located in or near the subject parcels. Disposal of the property would not involve construction, excavation,

or demolition activities of any kind, thus there would be no impacts to streams, rivers and watercourses.

Wetlands (acres) No: X Yes: Possible:

Comments:

A review of the National Wetlands Inventory (NWI) data (see Appendix C, page 7) revealed that there are

no wetlands mapped within the parcels. A review of the 2011 aerial photography did not show evidence of

wetlands on the parcels (see Appendix A, page 2). Disposal of the property would not involve

construction, excavation, or demolition activities of any kind, thus there would be no impacts to wetlands.

Disturbance of Terrestrial Habitat (acres) No: X Yes: Possible:

Comments:

Land use near the project is residential (see Appendix A, page 2). The sale of the parcels will not impact

this terrestrial habitat. Disposal of the property would not involve construction, excavation, or demolition

activities of any kind, thus there would be no impacts to this terrestrial habitat.

Karst Features No: X Yes: Possible:

Comments:

The project is located outside of the designated karst area of the state as identified in the October 13, 1993

Memorandum of Understanding (MOU). No karst features were observed or are known to exist within or

adjacent to the proposed project area. The sale of the subject parcel is not anticipated to impact any karst

features.

Categorical Exclusion Level 1 Form Project: Excess Parcels 24, 24A, & 51 Des No:

LA Codes

5084 &

0490

Form Version: June 2013

Attachment 1 of the CE Manual

Page 3

INVOLVEMENT WITH RESOURCES

Threatened and Endangered Species No: X Yes: Possible:

Comments:

A review of the Indiana Natural Heritage Database showed no threatened or endangered species within ½

mile radius of the subject parcels. The sale of the subject parcels is not expected to impact threatened or

endangered species or natural communities.

Drinking Water Resources No: X Yes: Possible:

Comments:

The project is not located within the St. Joseph Aquifer System, the only legally designated sole source

aquifer in Indiana.

The Indiana Department of Environmental Management’s (IDEM) Wellhead Proximity Determinator

website (http://idemmaps.idem.in.gov/whpa/) was accessed on November 22, 2013 by Bernardin,

Lochmueller and Associates, Inc. (BLA). The project is located within a wellhead protection area;

however, the sale of these parcels is not anticipated to affect this wellhead protection area.

The Indiana Department of Natural Resources (IDNR’s) Water Well Database

(http://www.in.gov/dnr/water/3595.htm) was also accessed. One (1) water well was mapped on the parcel.

Should the need arise to close this well, the buyer would need to follow all applicable state

regulations/policies as part of the closure process. See Appendix A, page 3 for the IDNR Water Wells

Records Map.

Flood Plains (note transverse or longitudinal impact) No: X Yes: Possible:

Comments:

According to IDEM’s ArcGIS DFIRM data, the parcels are not located within a floodplain. See Appendix

C, page 7 for the Red Flag Investigation - Water Resources Map.

The Federal Emergency Management Agency (FEMA) Map Service Center was also accessed

(https://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&l

angId=-1). The parcel is located in an area where “panel not printed – no special flood area”. A map was

not available on the FEMA website.

Based on the DFIRM data, The project does not encroach upon the HUD Special Flood Hazard Area. The

project is not located in a regulatory floodplain.

Farmland (acres) No: X Yes: Possible:

Comments:

None of the land within the parcel limits meets the definition of farmland under the Farmland Protection

Policy Act (FPPA). The sale of the subject parcel is not anticipated to impact any agricultural resources

within proximity to the parcel.

Cultural Resources No: X Yes: Possible:

Comments:

With regard to above-ground resources, a historian with Bernardin, Lochmueller and Associates, Inc.

(BLA) who meets the Secretary of the Interior’s Professional Qualification Standards per 36 CFR Part 61,

reviewed the State Historic Architectural and Archaeological Research Database (SHAARD) and SHAARD

GIS. No resources listed in the National Register of Historic Places (NRHP) or in the Indiana Register of

Historic Sites and Structures (State Register) are located in or adjacent to these parcels. The Hamilton

Interim Report of the “Indiana Historic Sites and Structure Inventory” (1992) shows no adjacent resources

and none within the three parcels. The nearest surveyed property is the “Contributing” Hamer-Combs

House (IHSSI# 057-098-55041) located approximately 0.7 mile north of the excess parcels. Generally

properties rated “contributing” do not possess the level of historical integrity or significance necessary to

Categorical Exclusion Level 1 Form Project: Excess Parcels 24, 24A, & 51 Des No:

LA Codes

5084 &

0490

Form Version: June 2013

Attachment 1 of the CE Manual

Page 4

INVOLVEMENT WITH RESOURCES

be considered eligible for the NRHP. Please see Appendix B (pages 16 through 19) for the interim report

pages and the SHAARD map. BLA does not believe the sale of the three parcels is an activity that has the

potential to cause effects on any above-ground resources eligible for or list in the NRHP.

Furthermore, these parcels were covered in the original Area of Potential Effects (APE) for the

Indianapolis Northeast Corridor Project (Des. No. 0101021). In the June 9, 2003 finding of “no adverse

effect” for that project, several NRHP eligible properties were found to be within the APE, but none of

those properties are located near these parcels. The SHPO agreed with the finding in a letter dated

December 20, 2005. The FHWA APE, eligibility and effect findings, APE map, and SHPO response letter

related to Des. No. 0101021 can be found in Appendix B (pages 1 through 8).

Regarding archaeological resources, INDOT’s Cultural Resources Section prepared an Archeological

Records Check and Phase 1a Field Reconnaissance Report for the I-465 Added Travel Lanes, 0.35 miles E

of the US 31 Interchange to 0.5 miles West of the Allisonville Road Interchange project. The parcels

identified in this CE were cleared as part of that archaeological survey. No archeological sites were

identified during the field reconnaissance. The Indiana Department of Natural Resources (IDNR) Division

of Historic Preservation and Archaeology (DHPA) concurred with this assessment in a letter dated April 8,

2009. See Appendix B for the relevant pages from the archaeological survey (pages 9 through 14) and

the IDNR DHPA letter (page 15).

Section 4(f) and Section 6(f) Resources No: X Yes: Possible:

Comments:

Since this parcel was not used for a wildlife or waterfowl refuge, a public recreational facility or had

nothing of historic, architectural or archaeological significance, there will be no Section 4(f) or Section

6(f) impacts associated with the disposition of the property.

Air Quality Impacts No: X Yes: Possible:

Comments:

This project is located in Hamilton County, which has been designated as a maintenance area for 8 hour

ozone and PM2.5. This project has been identified as being exempt from air quality analysis in accordance

with 40 CFR Part 93.126 and this project is not a project of air quality concern (40 CRF Part 93.123). The

sale of this parcel will not affect air quality within the Indianapolis Metropolitan Planning Organization

(MPO).

Community/Economic Impacts No: X Yes: Possible:

Comments:

The project will not result in the relocation of residences or businesses. The project will not affect

community cohesion because it will not change access to properties or within the community. The project

will not have a disproportionate adverse impact on low-income populations or minority populations that

are of concern for environmental justice consideration.

Hazardous Materials No: X Yes: Possible:

Comments:

A red flag investigation was completed on October 1, 2013 by INDOT Environmental Services (ES). No

potentially hazardous sites were identified in or adjacent to the parcels. Disposal of the property would not

involve construction, excavation, or demolition activities of any kind, thus there would be no impacts to

hazardous materials sites.

Permits No: X Yes: Possible:

Comments: The process of selling these parcels does not lead directly to any action that will disturb aquatic or

terrestrial resources, and no environmental permits are needed to advance the sale of this property.

Categorical Exclusion Level 1 Form Project: Excess Parcels 24, 24A, & 51 Des No:

LA Codes

5084 &

0490

Form Version: June 2013

Attachment 1 of the CE Manual

Page 5

ENVIRONMENTAL COMMITMENTS:

1. Statement of Disclosure: According to IDNR’s Water Well Database, one (1) water well is mapped on the parcel.

Should the need arise to close this well, the buyer would need to follow all applicable state regulations/policies as

part of the closure process.

THE CATEGORICAL EXCLUSION CANNOT BE PROCESSED AS A LEVEL ONE IF YES IS SELECTED

FOR ANY OF THE FOLLOWING ITEMS*:

Formal noise analysis required? No: X Yes:

Environmental Justice analysis required? No: X Yes:

Right-of-Way acquisition greater than 0.5 acre? No: X Yes:

Relocation of residences/businesses/etc.? No: X Yes:

Added through-traffic lanes? No: X Yes:

Facility on new location or realignment? No: X Yes:

Permanent alteration of local traffic pattern? No: X Yes:

Section 4(f) and Section 6(f) resource impacts? No: X Yes:

Sole Source Aquifer Groundwater Assessment required? No: X Yes:

Is the project “Likely to Adversely Affect” Threatened and

Endangered Species? No: X Yes:

Stream impacts greater than 300 linear feet, or work beyond 75 feet

from pavement? No: X Yes:

Wetland impacts greater than 0.1 acre? No: X Yes:

Does the project have historic bridge involvement, or a Section 106

finding of No Adverse Effect / Adverse Effect? No: X Yes:

* Please note, this table is not applicable for state funded CE’s.

Land Acquisition (LA) Code: 5084 & 0490, Parcels 24, 24A & 51 Excess Land Disposal: I-465 in Hamilton County

i

Table of Contents

Appendix A: Maps General Location ......................................................................................................................................... A-1

Aerial Photography Map ............................................................................................................................. A-2

IDNR Water Well Database Map ................................................................................................................ A-3

Appendix B: Cultural Resources FHWA Area of Potential Effect Finding ..................................................................................................... B-1

FHWA Eligibility Determinations and Determination of Effect ................................................................. B-3

Indianapolis Northeast Corridor FEIS Map ................................................................................................. B-7

IDNR-DHPA Letter dated December 20, 2005 ........................................................................................... B-8

Archeology Records Check and Phase 1a Report ....................................................................................... B-9

IDNR-DHPA Letter dated April 8, 2009................................................................................................... B-15

Pages from the Hamilton County Interim Report ...................................................................................... B-16

SHAARD GIS Map ................................................................................................................................... B-19

Appendix C: Red Flag Investigation Red Flag Investigation Report ..................................................................................................................... C-1

Appendix D: Parcel Documentation September 16, 2013 Memo requesting Excess Land Disposal ................................................................... D-1

Appendix A Maps

±

3502 Woodview Trace, Suite 150Indianapolis, IN 46268Phone: (317) 222-3880

Fax: (317) 222-3881

General LocationI-465 - Excess Parcels

LA 5084, Parcels 24 and 24ALA 0490, Parcel 51

Hamilton County, Indiana

Date: 11/21/2013

This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes.

Map Projection: UTM Zone 16 NorthMap Datum: NAD83

0 4 8 122 MilesBing Road Base Map available through ESRI ArcMap

Project Location

Appendix A, Page 1

I-465

101st

College

Guilfo

rd

Carro

llton

Carrolton

Guilford

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

±

3502 Woodview Trace, Suite 150Indianapolis, IN 46268Phone: (317) 222-3880

Fax: (317) 222-3881

Project Area on Aerial PhotographI-465 - Excess Parcels

LA 5084, Parcels 24 and 24ALA 0490, Parcel 51

Hamilton County, Indiana

Date: 11/21/2013

This map is intended to serve as an aid in graphic representation only. This information is not warrantad for accuracy or other purposes.

Map Projection: UTM Zone 16 NorthMap Datum: NAD83

0 200 400100 FeetProject Area

Parcels 24 and 24A

Parcel 51

Year 2011 Aerial Photography

Appendix A, Page 2

Water Wells Records Map Indiana Dept. of Natural Resources

Copyright 2012 Indiana Dept. of Natural Resources. Thu Dec 12 2013 09:48:49 AM. http://dnrmaps.dnr.in.gov/apps/dnrwaterwells_enh/

Mapped Water Wells 1-465 - Excess Parcels

LA 5084, Parcels 24 and 24A LA 0490, Parcel 51

Hamilton County, Indiana Appendix A, Page 3

Appendix B Cultural Resources

Appendix B, Page 1

Appendix B, Page 2

Appendix B, Page 3

Appendix B, Page 4

Appendix B, Page 5

Appendix B, Page 6

Appendix B, Page 7

Appendix B, Page 8

An Archaeological Records Check and Phase Ia Field Reconnaissance Report:

Additional Information for Added Travel Lanes on Interstate 465, 0.35 mi East of the US 31 Interchange to 0.5 mi West ofthe Allisonville Rd Interchange

Marion County and Hamilton County, Indiana (Des. No. 0400289)

Jeffrey Laswell p·

.e'u a es ces Section offic of Environmental Services

Indiana Department of Transportation

Prepared for: Indiana Department of Transportation, Office of Environmental Services

NEP A Policy Section 100 North Senate Avenue, Room N642

Indianapolis, Indiana 46206

March 10, 2009

Cultural Resources Section Office of Environmental Services Indiana Department of Transportation 100 North Senate Avenue Indianapolis, Indiana 46204 (317) 233-2093

Appendix B, Page 9

/ //

/ ·/ I

MANAGEMENT SUMMARY

In response to a request from the Indiana Department of Transportation, Office of Environmental Services, NEP A Policy Section (INDOT, OES), an archeological records check and Phase Ia field reconnaissance has been conducted for additional temporary and limited access right-of-way parcels along I 465 from 0. 7 mi east of the US 31 interchange to the Keystone Avenue interchange in Marion County and Hamilton County, Indiana (Des. No. 0400289). The proposed twelve acquisitions consist of approximately 2.3 ha (5. 7 ac) associated with the H5 Alternative of the Indianapolis Northeast Corridor Transportation Study.

While no formal documentation of archaeological investigation of the H5 Alternative section ofl-465 was prepared, a letter dated November 18, 2002 addressed to Mr. Troy Thompson of the consulting firm HNTB (Mitch Zoll, personal communication letter 2002) recommended clearance of both H5 and H6 Alternate corridors based upon disturbances that occurred subsequent to the 1998 archaeological records check and windshield survey conducted by Smith et a!. (1999) as well as the results of two investigations conducted along the H6 Alternate (Nagle and Smith 2002). Only the I-69 and SR 37 sections of the H6 Alternate were examined by archaeological survey due to the proposed expanded scope of this leg of the H6 Alternate compared to the smaller H5 corridors (Nagle and Smith 2002). The current investigations of the twelve temporary and limited access right-of-way areas extended beyond the original right-of-way presented within the original H5 construction plans and required additional archaeological investigation of these areas.

The purpose of this investigation was to locate and record all significant or potentially significant historic and prehistoric resources within the ROW areas. Site significance was determined using the criteria for inclusion to the National Register of Historic Places, in compliance with the National Historic Preservation Act of 1966, as amended and 36 CFR 60.4. The archaeological investigation was performed under the supervision of personnel from the Indiana Department of Transportation, Cultural Resources Section (INDOT, CRS) who meet the Secretary of Interior's Professional Qualification Standards as per 36 CFR Part 61,

The archaeological records check for this project was conducted by the author at the Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology (IDNR, DHPA) on February 2, 2009, Twenty-three archaeological field reconnaissance surveys have been conducted within a 1.6 km (1 mi) radius of the twelve right-of-way areas that included the Smith eta!. 1999 preliminary study of the Northeast Transportation Corridor, which addressed approximately 70,800 ha (175,000 ac) throughout Marion and Hamilton Counties. In addition, thirty archeological sites have been identified within this same 1.6 km (1 mi) radius. Two previous archaeological reconnaissance surveys have been conducted around the Keystone/I-465 interchange (Beard 1985) and Westfield Boulevard (Stillwell2005a), which may overlap one or more of the current survey areas, the exact dimensions of these investigations are unknown, resulting in the determination for further field examinations in both of these areas. No cemeteries are within 30m (1 00 ft) of the proposed right-of-way areas.

Jeffrey L Laswell ofiNDOT, CRS conducted a Phase Ia field reconnaissance within the boundaries of twelve right-of-way parcels (Des. No. 0400289) on March 4, 2009. Systematic

Appendix B, Page 10

shovel testing and visual surface inspection was performed in order to locate cultural resources and confirm areas of physical disturbance. Much of the project area was found to have been disturbed by residential/commercial construction activities, utility lines, and roadway modification/construction. No archaeological sites were identified during the field reconnaissance. It is our opinion that the project be allowed to proceed as planned. In the unlikely event that archaeological deposits or human remains are encountered during the construction phase of the project, all work must cease and an archaeologist from IDNR, DHPA and INDOT, CRS must be notified.

11

Appendix B, Page 11

Figure 2. Portions of the USGS 7.5' series Carmel and Fishers, Indiana topographic quadrangles showing the locations of the temporary and limited access acquisition parcels

3 Appendix B, Page 12

investigation were previously disturbed by residential/commercial construction activities that included utility and roadway disturbance. Both the terms survey area and parcel are used interchangeable for the various ROW areas. The results of the reconnaissance are described below.

Survey Area 1

Survey area I consisted of a portion of a residential lawn around a small storage shed (Figures 4 and I 0). The area offered 0 percent visibility and was subject to shovel testing. A heavier clay, gravely, mottled subsoil was encountered approximately 8cmbs. No archaeological deposits were recovered.

Survey Area 2

Survey area 2 consisted of a portion of a residential lawn and an existing house that will be demolished upon acquisition (Figures 4 and 11 ). The area offered 0 percent visibility and was subject to shovel testing. A heavier clay, gravely, mottled subsoil was encountered approximately 1 Ocmbs. The areas around the extant house displayed evidence of construction and landscaping disturbance associated with the structure. No archaeological deposits were recovered.

25

Appendix B, Page 13

SUMMARY AND CONCLUSIONS

In response to a request from INDOT, OES, NEP A Policy Section, an archeological records check and Phase Ia field reconnaissance has been conducted for additional temporary and limited access right-of-way parcels along I 465 from 0.7 mi east of the US 31 interchange to the Keystone Avenue interchange in Marion County and Hamilton County, Indiana (Des. No. 0400289). The proposed twelve acquisitions consist of approximately 2.3 ha (5.7 ac) associated with the H5 Alternative of the Indianapolis Northeast Corridor Transportation Study. The current investigations of the twelve temporary and limited access right-of-way areas extended beyond the original right-of-way presented on the original H5 construction plans and required additional archaeological investigation of these areas. Much of the project area was found to have been disturbed by residential/commercial construction activities, utility lines, and roadway modification/construction. No archaeological sites were identified during the field reconnaissance. It is our opinion that the project be allowed to proceed as planned. In the unlikely event that archaeological deposits or human remains are encountered during the construction phase of the project, all work must cease and an archaeologist from IDNR, DHP A and INDOT, CRS must be notified.

36

Appendix B, Page 14

D N R Indiana Department of Natural Resources DiVision of Historic Preservation & Archaeology•402 W. Washington Street, W274 ·Indianapolis, IN 46204-2739 Phone 317-232-1646•Fax 317-232-0693 · dhpa@dnr.IN.gov

April 8, 2009

Shaun A. Miller Cultural Resources Section Office of Environmental Services Indiana Department of Transportation 100 North Senate Avenue, Room N642 Indianapolis, Indiana 46204-2216

Federal Agency: Federal Highway Administration

Mitchell E. Daniels, Jr., Governor Robert E. Carter, Jr., Director

.. ~--.. ,., Hl:sTO~I( PRESERVATION

ANO Al!CHAEOlOGY

Re: Additional information and an archaeological liteniture review and phase Ia field rccor..naissance report (Laswell, 3/10/09) for Added Travel Lanes on I-465, 0.35 miles east of the US 31 Interchange to 0.5 miles west of the Allisonville road interchange (Des. No. 0400289; DHPA #5847) (I-465 Northeast Corridor Transportation Improvements Project, Des. No. 0101021)

Dear Mr. Koeppel:

Pursuant to Section 106 of the National Historic Preservation Act (16 U.S.C. § 470!), 36 C.P.R. Part 800, and the "Programmatic Agreement among the Federal Highway Administration, the Indiana Department of Transportation, the Advisory Council on Historic Preservation and the Indiana State Historic Preservation Officer regarding the implementation of the Federal Aid Highway Program in the State of Indiana," the staff of the Indiana State Historic Preservation Officer has conducted an analysis of the materials dated March 10,2009 and received on March 12,2009, for the above indicated project in Hamilton and Marion counties, Indiana.

Based upon the documentation available to the staff of the Indiana SHPO, we have not identified any archaeological resources listed in or eligible for inclusion in the National Register of Historic Places within the areas covered by the repmt.

If any archaeological artifacts or human remains are uncovered during construction, demolition, or earthmoving activities, state law (Indiana Code 14-21-1-27 and 29) requires that the discovmy must be repmted to the Deparhnent of Natural Resources within two (2) business days. In that event, please call (317) 232-1646. Be advised that adherence to Indiana Code 14-21-1-27 and 29 does not obviate the need to adhere to applicable federal statutes and regulations.

Our comments here pertain only to archaeological resources, because INDOT has decided not to revise the area of potential effects for the expanded :rigttt-of-way and added travel lanes, and because no additional information specifically pertaining to aboveground properties has been provided.

If you have questions about archaeological issues, please contact Amy Johnson at (317) 232-6982 or ajohnson@dnr.IN.gov. Questions about aboveground properties should be directed to John Carr at (317) 233-1949 or jcarr@dnr.lN .gov. In any future correspondence regarding the above indicated project, please refer to DHPA #5847.

sA. Glass, Ph.D. Deputy State Historic Preservation Officer

JAG:ALJ:JLC:jlc

cc: Laura Hilden, INDOT Office of Environmental Services, NEPA Policy Section

An Equal Opportunity Employer

Printed on Recycled Paper Appendix B, Page 15

Appendix B, Page 16

Appendix B, Page 17

Appendix B, Page 18

SHAARD GIS

Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, EsriJapan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2013

Cemeteries

Outstanding

Notable

Contributing

Non-Contributing

Demolished

Unknown

Outstanding

Notable

Contributing

Non-Contributing

Demolished

Unknown

National Register Sites

Historic Districts

November 21, 20130 0.35 0.70.175 mi

0 0.6 1.20.3 km

1:22,515

Approximatelocations of parcels

Appendix B, Page 19

Appendix C Red Flag Investigation

INDIANA DEPARTMENT OF TRANSPORTATION Driving Indiana’s Economic Growth

100 North Senate Avenue Room N642 Indianapolis, Indiana 46204-2216 (317) 232-5348 FAX: (317) 233-4929

Michael R. Pence, Governor Karl B. Browning, Commissioner

Date: October 1, 2013 To: Marlene Mathas Hazardous Materials Unit Environmental Services Indiana Department of Transportation 100 N Senate Avenue, Room N642 Indianapolis, IN 46204 From: Toni Lynn Giffin Environmental Services - NEPA Indiana Department of Transportation 100 North Senate Avenue Room N642

Indianapolis, IN 46204 Re: RED FLAG INVESTIGATION

LA Code 5084, Parcels24 and 24 A LA Code 0490, Parcel 51

Excess Parcels I-465 Hamilton, County, Indiana NARRATIVE The subject parcels were acquired by INDOT (Indiana Department of Transportation) for right‐of‐way purposes. INDOT has decided that this surplus land will not be needed for right‐of‐way or other transportation purposes within the foreseeable future. A legal description of parcels 24, 24A and 51 is as follows: Parcel 24 and 24A A part of the lands acquired by the State of Indiana per Instrument #201 00069 41 and recorded February 16, 2010, in Hamilton County, Indiana described as follows: A part of Lots 66 & 91 of College Hills Addition to Hamilton County, Indiana, which subdivision is recorded as Deed Record 119, page 30-31, in the Office of the Recorder of Hamilton County, Indiana, and being all that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked as EXHIBIT "B", described as follows: Beginning at the southeast corner of said Lot 91, which point is on the northern Limited Access R/W boundary of Interstate 465; thence South 89 degrees 29 minutes 13 seconds West 86.22 feet along the Limited Access boundary of said Interstate 465; thence North 71 degrees 14 minutes 00 seconds West 32.22 feet along said Limited Access R/W boundary to point #9 on said plat; thence North 79 degrees 00 minutes 00 seconds West 286.52 feet along said Limited Access R/W boundary to point #1 0 on said plat, which point is on the west line of said Lot 66; thence North 0 degrees 30 minutes 47 seconds West 32.18 feet along said west line to the northwest corner of said Lot 66; thence North 89 degrees 29 minutes 13 seconds East 397.38 feet along the north line of said lots to the northeast corner of said Lot 91; thence South 0 degrees 30 minutes 47 seconds East 100.00 feet along the east line of said Lot 91 to the point of beginning and containing 28,562 square feet, more or less. Parcel 51 A part of the lands acquired by the State of Indiana per Deed Book 207, page 316-318 and recorded October 27, 1966 and Deed Book 202, page 123-124 and recorded March 18, 1966, in Hamilton County, Indiana described as follows: A part of Lot 90 of College Hills Addition to Hamilton County, Indiana, which subdivision is recorded as Deed Record 119, page 30-31, in the Office of the Recorder of Hamilton County, Indiana, and being all that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked as . EXHIBIT "B", described as follows: Beginning at the northeast corner of said lot; thence

Appendix C, Page 1

South 0 degrees 30 minutes 47 seconds East 30.16 feet along the east line of said lot to point #11 on said plat, which point is on the northern Limited Access R/W boundary of Interstate 465; thence North 71 degrees 14 minutes 00 seconds West 91.34 feet along the Limited Access R/W boundary of said Interstate 465 to the north line of said lot; thence North 89 degrees 29 minutes 13 seconds East 86.22 feet along said north line to the point of beginning and containing 1,300 square feet, more or less. SUMMARY

Infrastructure Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

Religious Facilities N/A Recreational Facilities 2

Airports N/A Pipelines 1

Cemeteries N/A Railroads 2

Hospitals N/A Trails 5

Schools N/A Managed Lands 1

Explanation: Recreational Facilities: There are two (2) Recreational Facilities located within the ½ mile buffer. The presence of these Recreational Facilities will not impact the sale of the parcels. Pipelines: There is one (1) Pipeline (Buckeye Pipe Line Company, Refined Product) located within the ½ mile buffer. The presence of this Pipeline will not impact the sale of the parcels. Railroads: There are two (2) Railroads located within the ½ mile buffer. The presence of these Railroads will not impact the sale of the parcels. Trails: There are five (5) Trails located within the ½ mile buffer. The presence of these Trails will not impact the sale of the parcels. Managed Lands: There is one (1) Managed Land (Monon Greenway) located within the ½ mile buffer. The presence of this Managed Land will not impact the sale of the parcels.

Water Resources Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

NWI - Points N/A NWI - Wetlands 3

Karst Springs N/A IDEM 303d Listed Lakes N/A

Canal Structures – Historic N/A Lakes 10

NWI - Lines N/A Floodplain - DFIRM 1

IDEM 303d Listed Rivers and Streams (Impaired) N/A Cave Entrance Density N/A

Rivers and Streams 6 Sinkhole Areas N/A

Canal Routes - Historic N/A Sinking-Stream Basins N/A

Explanation: NWI – Wetlands: There are three (3) NWI - Wetlands located within the ½ mile buffer. The presence of these NWI - Wetlands will not impact the sale of the parcels. Lakes: There are ten (10) Lakes located within the ½ mile buffer. The presence of these Lakes will not impact the sale of the parcels. Floodplain - DFIRM: There is one (1) Floodplain located within the ½ mile buffer. The presence of this Floodplain will not impact the sale of the parcels. Rivers and Streams: There are six (6) Rivers located within the ½ mile buffer. The presence of these Rivers will not impact the sale of the parcels.

Appendix C, Page 2

Karst Springs: The subject parcel is not located within the Karst Memorandum of Understanding (MOU) Potential Karst Features Region. The sale of the subject parcel is not anticipated to impact any karst features.

Mining/Mineral Exploration Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

Petroleum Wells N/A Petroleum Fields N/A

Mines – Surface N/A Mines – Underground N/A

Explanation: There are no Mining/Mineral Exploration located within the ½ mile buffer.

Hazmat Concerns Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

Brownfield Sites N/A Restricted Waste Sites N/A

Corrective Action Sites (RCRA) N/A Septage Waste Sites N/A

Confined Feeding Operations N/A Solid Waste Landfills N/A

Construction Demolition Waste N/A State Cleanup Sites 2

Industrial Waste Sites (RCRA Generators) N/A Tire Waste Sites N/A

Infectious/Medical Waste Sites N/A Waste Transfer Stations N/A

Lagoon/Surface Impoundments N/A RCRA Waste Treatment, Storage, and

Disposal Sites (TSDs) N/A

Leaking Underground Storage Tanks (LUSTs) N/A Underground Storage Tanks 1

Manufactured Gas Plant Sites N/A Voluntary Remediation Program N/A

NPDES Facilities N/A Superfund N/A

NPDES Pipe Locations 1 Institutional Control Sites N/A

Open Dump Sites N/A N/A

Explanation: State Cleanup Sites: There are two (2) State Cleanup Sites located within the ½ mile buffer. The presence of these State Cleanup Sites will not impact the sale of the parcels. Underground Storage Tanks: There is one (1) Underground Storage Tanks located within the ½ mile buffer. The presence of this Underground Storage Tank will not impact the sale of the parcels. NPDES Pipe Locations: There is one (1) NPDES Pipe located within the ½ mile buffer. The presence of this NPDES Pipe will not impact the sale of the parcels. Ecological Information The Hamilton County listing of the Indiana Natural Heritage Data Center information on endangered, threatened, or rare (ETR) species and high quality natural communities is attached with ETR species highlighted. Research into the Indiana Heritage database revealed no ETR species within a ½ mile radius of the subject parcels. The sale of the subject parcels is not expected to impact ETR species or high quality natural communities. Cultural Resources A request for review was made to INDOT Environmental Services, Cultural Resources, and will be submitted under separate documentation.

Appendix C, Page 3

RECOMMENDATIONS

INFRASTRUCTURE: N/A

WATER RESOURCES: N/A

MINING/MINERAL EXPLORATION: N/A

HAZMAT CONCERNS: N/A

ECOLOGICAL INFORMATIQN: N/A

CULTURAL RESOURCES: A request for review was made to INDOT Environmental Services, Cultural Resources, and will be submitted under separate documentation.

Prepared by: Toni Lynn Giffin Environmental Manager I I INDOT Environmental Services

Graphics:

A map for each report section with a 'A mile radius buffer around all project area(s) showing all items identified as possible items of concern is attached. I f there is not a section map included, please change the YES to N/A:

GENERAL SITE MAP SHOWING PROJECT AREA: YES

INFRASTRUCTURE: YES

WATER RESOURCES: YES

MINING/MINERAL EXPLORATION: N/A

HAZMATCONCERNS: YES

INDOT Environmental Services concurrence:

Marlene Mathas

Digitally signed by Marlene Matlias DN: cn=Marlene Mathas, o=INDOT Environmental Services, ou=Hazardous Matenals, email-mmathas@indot.in.gov, c=tJS Date: 2013.11.20 07:44:14 -05W (Signature)

\Nv^\N.in.goy/dot/ An Equal Opportunity Employer

Appendix C, Page 4

Hamilton County

Marion County

E 96th St

Colle

ge Av

e

E 95th St

Nora

Ln

E 103rd St

E 105th St

E 104th St

Centr

al Av

e

Bristol Rd

Ruck

le St

Ramp

E 101st St

N Co

llege

Ave

N Delaware St

Comp

ton S

t

Broa

dway

E 93rd St

Carro

llton A

ve

Arthur Dr

Pennsylvania Pky

N Pa

rk St

Valley Rd

E 102nd St

N Wa

shing

ton B

lvd

Guilfo

rd Av

e

Yale Dr

Orch

ard Pa

rk Dr

W

Broa

dway

St

Preston

Dr

Barcr

oft D

r

Carlyle Dr

Colle

ge D

r

Chevy Chase Ln

Notre Dame Dr

N Pa

rk Av

e

Comb

s Ave

Warw

ick R

d

N Ne

w Je

rsey S

t

Foxw

ood D

r W

Barbie Ln

Benchview Dr

Everg

reen A

ve

Pittwood Dr

Cres

tview

Dr

Benc

hmark

Dr

McPh

erson

St

Ethel

Ave

Birnam Woods Tr

Falcon Ridge Rd

Carlyle Ln

Corne

ll Ave

Shadow Ridge Rd

Park

Ave

Jessu

p Blvd

Garris

on D

r

W School Pky

Guilfo

rd Dr

Orchard Park Dr N

Real St

Vass

ar Ln

Barcroft Ln

Village Pl S

Bellefontaine St

Wash

ington

Blvd

102nd St

Heron

s Cov

e

Winchest

er Pl

Harrow Pl

East

Long

well D

r

Marwood Dr

Niman Ct

Village Pl N Dr

Ruckle Ave

Rialto Trl

Rugby Ct

Carly

le Ct

Chesterbrook Ct

Compton Ct

Marwood Trl

New

Jerse

y St

Ramsgate Ct

Marwood Dr

Barcr

oft D

r

E 93rd St

Cornell Ave

E 96th St

Foxw

ood D

r W

Ramp

Centr

al Av

e

Carly

le Dr

N Pa

rk Av

e

Centr

al Av

e

Corne

ll Ave

Jessu

p Blvd

º

Red Flag Investigation - Site Location MapI-465 - Excess Parcels

LA 5084, Parcels 24 and 24ALA 0490, Parcel 51

Hamilton County, Indiana

CARMEL QUADRANGLEINDIANA

7.5 MINUTE SERIES(TOPOGRAPHIC)This map is intended to serve as an aid in graphic

representation only. This information is not warranted for accuracy or other purposes.

Sources:Non Orthophotography Data - Obtained from the State of Indiana Geographical Information Office LibraryOrthophotography - Obtained from Indiana Map Framework Data(www.indianamap.org) Map Projection: UTM Zone 16 N Map Datum: NAD83

0.1 0 0.10.05Miles

Parcels 24 and 24A

Parcel 51

Appendix C, Page 5

Hamilton County

Marion County

E 96th St

Colle

ge Av

e

E 95th St

E 103rd St

E 105th St

E 104th St

Bristol Rd

Ramp

Ruck

le St

Centr

al Av

e

E 101st St

Comp

ton S

t

Broa

dway

N Co

llege

Ave

E 93rd St

Carro

llton A

ve

N Delaware St

Arthur Dr

Pennsylvania Pky

N Pa

rk St

E 102nd StGu

ilford

Ave

Valle

y Rd

Yale Dr

N Wa

shing

ton B

lvd

Orch

ard Pa

rk Dr

W

Broa

dway

St

Preston

Dr

Barcr

oft D

r

Carlyle Dr

Colle

ge D

r

Chevy Chase Ln

Comb

s Ave

Notre Dame Dr

N Ne

w Je

rsey S

t

Foxw

ood D

r W

Barbie Ln

Benchview Dr

McPh

erson

St

Benchmark Dr

N Pa

rk Av

e

Nora Ln

Ethel

Ave

Birnam Woods Tr

Warw

ick R

d

Pittwood Dr

Carlyle Ln

Corne

ll Ave

Falcon Ridge Rd

Park

Ave

W School Pky

Jessu

p Blvd

Cres

tview

Dr

Guilfo

rd Dr

Vass

ar Ln

Shadow Ridge Rd

Barcroft Ln

Village Pl S

Bellefontaine St

Wash

ington

Blvd

Orchard Park Dr N

102nd St

Heron

s Cov

e

Evergr

een Av

e

Winchest

er Pl

Garris

on D

r

Harrow Pl

East

Long

well D

r

Marwood Dr

Niman

Ct

Village Pl N Dr

Ruckle Ave

Rugby Ct

Carly

le Ct

Compton Ct

Marwood Trl

New

Jerse

y St

Ramsgate Ct

Marwood Dr

Barcroft Dr

E 93rd St

Cornell Ave

E 96th St

N Pa

rk Av

e

Centr

al Av

e

Ramp

Carly

le Dr

Foxw

ood D

r W

Centr

al Av

e

Corne

ll Ave

Jessu

p Blvd

State of Indiana 2012, Geographic Names Information System (GNIS), U.S. Geological Survey,Bernardin, Lochmueller and Associates, Inc. (BLA)

º

Red Flag Investigation - Infrastructure MapI-465 - Excess Parcels

LA 5084, Parcels 24 and 24ALA 0490, Parcel 51

Hamilton County, Indiana

This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes.

Sources:Non Orthophotography Data - Obtained from the State of Indiana Geographical Information Office LibraryOrthophotography - Obtained from Indiana Map Framework Data(www.indianamap.org) Map Projection: UTM Zone 16 N Map Datum: NAD83

0.1 0 0.10.05Miles 0 Religious Facility

p Airport

®v Hospitalnm School

_ Recreation FacilityPipelineRailroadTrails

County Boundary

Project AreaHalf Mile Radius

Managed Lands

InterstateState RouteUS RouteLocal Road

Ý Cemeteries

Religious FacilityIndiana Map#I

Parcels 24 and 24A

Parcel 51

Appendix C, Page 6

Hamilton County

Marion County

E 96th St

Colle

ge Av

e

E 95th St

E 103rd St

E 105th St

E 104th St

Bristol Rd

Ramp

Ruck

le St

Centr

al Av

e

E 101st St

Comp

ton S

t

Broa

dway

N Co

llege

Ave

E 93rd St

Carro

llton A

ve

N Delaware St

Arthur Dr

Pennsylvania Pky

N Pa

rk St

E 102nd StGu

ilford

Ave

Valle

y Rd

Yale Dr

N Wa

shing

ton B

lvd

Orch

ard Pa

rk Dr

W

Broa

dway

St

Preston

Dr

Barcr

oft D

r

Carlyle Dr

Colle

ge D

r

Chevy Chase Ln

Comb

s Ave

Notre Dame Dr

N Ne

w Je

rsey S

t

Foxw

ood D

r W

Barbie Ln

Benchview Dr

McPh

erson

St

Benchmark Dr

N Pa

rk Av

e

Nora Ln

Ethel

Ave

Birnam Woods Tr

Warw

ick R

d

Pittwood Dr

Carlyle Ln

Corne

ll Ave

Falcon Ridge Rd

Park

Ave

W School Pky

Jessu

p Blvd

Cres

tview

Dr

Guilfo

rd Dr

Vass

ar Ln

Shadow Ridge Rd

Barcroft Ln

Village Pl S

Bellefontaine St

Wash

ington

Blvd

Orchard Park Dr N

102nd St

Heron

s Cov

e

Evergr

een Av

e

Winchest

er Pl

Garris

on D

r

Harrow Pl

East

Long

well D

r

Marwood Dr

Niman

Ct

Village Pl N Dr

Ruckle Ave

Rugby Ct

Carly

le Ct

Compton Ct

Marwood Trl

New

Jerse

y St

Ramsgate Ct

Marwood Dr

Barcroft Dr

E 93rd St

Cornell Ave

E 96th St

N Pa

rk Av

e

Centr

al Av

e

Ramp

Carly

le Dr

Foxw

ood D

r W

Centr

al Av

e

Corne

ll Ave

Jessu

p Blvd

State of Indiana 2012

º

Red Flag Investigation - Water Resource MapI-465 - Excess Parcels

LA 5084, Parcels 24 and 24ALA 0490, Parcel 51

Hamilton County, Indiana

This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes.

Sources:Non Orthophotography Data - Obtained from the State of Indiana Geographical Information Office LibraryOrthophotography - Obtained from Indiana Map Framework Data(www.indianamap.org) Map Projection: UTM Zone 16 N Map Datum: NAD83

0.1 0 0.10.05Miles

County Boundary<<<<<<Sinkhole Area

ÜÜÜÜÜÜ

Sinking-Stream Basin

WetlandsLake - Impaired

Floodplain - DFIRM

WWWWWWCave Entrance Density

LakeInterstateState RouteUS RouteLocal Road

Half Mile Radius

Project Area

RiverCanal Route - Historic

\ NWI - Point

ò Karst Spring

0 Canal Structure - HistoricNWI- LineXWXW

! ! Stream - ImpairedNPS NRI listed" "

Parcels 24 and 24A

Parcel 51

Appendix C, Page 7

$#

_̀

_̀

_̀

Hamilton County

Marion County

E 96th St

Colle

ge Av

e

E 95th St

E 103rd St

Bristol Rd

Ramp

Ruck

le St

E 101st St

Centr

al Av

e

Broa

dway

E 93rd St

Carro

llton A

vePennsylvania Pky

N Co

llege

Ave

Comp

ton S

t

N Pa

rk St

E 102nd St

N Delaware St

Guilfo

rd Av

e

N Pa

rk Av

e

Broa

dway

St

Preston

Dr

Barcr

oft D

r

Carlyle Dr

N Wa

shing

ton B

lvd

Chevy Chase Ln

Notre Dame Dr

Colle

ge D

r

N Ne

w Je

rsey S

t

Benchview Dr

Orch

ard Pa

rk Dr

W

Benchmark Dr

Valle

y Rd

Birnam Woods Tr

Nora Ln

Pittwood Dr

Carlyle Ln

Yale Dr

Park

Ave

Falcon Ridge Rd

Guilfo

rd Dr

Foxw

ood D

r W

Shadow Ridge Rd

Barcroft Ln

Warw

ick R

d

Wash

ington

Blvd

102nd St

Heron

s Cov

e

Garris

on D

r

Vass

ar Ln

East

Long

well D

r

Marwood Dr

Niman

Ct

Cornell Ave

Winchest

er Pl

Rugby Ct

Carly

le Ct

Compton Ct

Marwood Trl

Evergreen Ave

New

Jerse

y St

Ramsgate Ct

E 96th St

N Pa

rk Av

e

Ramp

Centr

al Av

e

E 93rd St

Centr

al Av

e

Carly

le Dr

Marwood Dr

State of Indiana 2012º

Red Flag Investigation - Hazmat MapI-465 - Excess Parcels

LA 5084, Parcels 24 and 24ALA 0490, Parcel 51

Hamilton County, Indiana

This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes.

Sources:Non Orthophotography

Data - Obtained from the State of Indiana Geographical Information Office Library

Orthophotography - Obtained from Indiana Map Framework Data(www.indianamap.org)

Map Projection: UTM Zone 16 N Map Datum: NAD83

0.1 0 0.10.05Miles

kj Brownfield

!& Confined Feeding OperationXW Construction/Demolition Site

.- Leaking Underground Storage Tank!@ Manufactured Gas Plant

!< Open Dump Waste Site

A@ NPDES FacilitesO NPDES Pipe Locations

A@ RCRA Corrective Action Sites

"E$ Infectious/Medical Waste Site

InterstateState RouteUS RouteLocal Road

County Boundary

Half Mile RadiusProject Area

Institutional Controls

!. Septage Waste SiteMP Restricted Waste Site

![ Superfund

:9 Solid Waste Landfill_̀ State Cleanup Site

!? Tire Waste Site

!A Waste Transfer Station

$# Underground Storage Tank

SR RCRA Generator/TSD

WV Voluntary Remediation Program

Parcels 24 and 24A

Parcel 51

Appendix C, Page 8

Species Name Common Name STATEFED

Page 1 of 2

04/16/2013Indiana County Endangered, Threatened and Rare Species List

GRANK SRANK

HamiltonCounty:

Mollusk: Bivalvia (Mussels)

Epioblasma torulosa rangiana Northern Riffleshell LE SE G2T2 SX

Epioblasma triquetra Snuffbox LE SE G3 S1

Lampsilis fasciola Wavyrayed Lampmussel SSC G5 S3

Ligumia recta Black Sandshell G5 S2

Obovaria subrotunda Round Hickorynut SSC G4 S1

Plethobasus cyphyus Sheepnose LE SE G3 S1

Pleurobema clava Clubshell LE SE G2 S1

Ptychobranchus fasciolaris Kidneyshell SSC G4G5 S2

Quadrula cylindrica cylindrica Rabbitsfoot C SE G3G4T3 S1

Toxolasma lividus Purple Lilliput SSC G3 S2

Villosa fabalis Rayed Bean LE SSC G2 S1

Villosa lienosa Little Spectaclecase SSC G5 S3

Insect: Odonata (Dragonflies & Damselflies)

Enallagma divagans Turquoise Bluet SR G5 S3

Amphibian

Acris crepitans blanchardi Northern Cricket Frog SSC G5 S4

Necturus maculosus Common mudpuppy SSC G5 S2

Rana pipiens Northern Leopard Frog SSC G5 S2

Reptile

Clemmys guttata Spotted Turtle SE G5 S2

Sistrurus catenatus catenatus Eastern Massasauga C SE G3G4T3T4Q S2

Bird

Bartramia longicauda Upland Sandpiper SE G5 S3B

Buteo lineatus Red-shouldered Hawk SSC G5 S3

Certhia americana Brown Creeper G5 S2B

Dendroica cerulea Cerulean Warbler SE G4 S3B

Haliaeetus leucocephalus Bald Eagle LT,PDL SSC G5 S2

Ixobrychus exilis Least Bittern SE G5 S3B

Lanius ludovicianus Loggerhead Shrike No Status SE G4 S3B

Nycticorax nycticorax Black-crowned Night-heron SE G5 S1B

Thryomanes bewickii Bewick's Wren G5 S1B

Mammal

Taxidea taxus American Badger SSC G5 S2

Vascular Plant

Armoracia aquatica Lake Cress SE G4? S1

Chelone obliqua var. speciosa Rose Turtlehead WL G4T3 S3

Drosera intermedia Spoon-leaved Sundew SR G5 S2

Platanthera leucophaea Prairie White-fringed Orchid LT SE G2G3 S1

Indiana Natural Heritage Data Center

Division of Nature Preserves

Indiana Department of Natural Resources

This data is not the result of comprehensive county

surveys.

Fed: LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting

State: SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;

SX = state extirpated; SG = state significant; WL = watch list

GRANK: Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon

globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant

globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank

SRANK: State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;

G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in

state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status

unranked

Appendix C, Page 9

Species Name Common Name STATEFED

Page 2 of 2

04/16/2013Indiana County Endangered, Threatened and Rare Species List

GRANK SRANK

HamiltonCounty:

High Quality Natural Community

Forest - floodplain wet-mesic Wet-mesic Floodplain Forest SG G3? S3

Forest - upland mesic Mesic Upland Forest SG G3? S3

Indiana Natural Heritage Data Center

Division of Nature Preserves

Indiana Department of Natural Resources

This data is not the result of comprehensive county

surveys.

Fed: LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting

State: SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;

SX = state extirpated; SG = state significant; WL = watch list

GRANK: Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon

globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant

globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank

SRANK: State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;

G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in

state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status

unranked

Appendix C, Page 10

Appendix D Parcel Documentation

Appendix D, Page 1

Appendix D, Page 2

Appendix D, Page 3

Appendix D, Page 4

Appendix D, Page 5

Appendix D, Page 6

Appendix D, Page 7

Appendix D, Page 8

Appendix D, Page 9

Appendix D, Page 10

Appendix D, Page 11

Appendix D, Page 12

Appendix D, Page 13

Appendix D, Page 14

Appendix D, Page 15

Appendix D, Page 16

Appendix D, Page 17

Appendix D, Page 18

Appendix D, Page 19

Appendix D, Page 20

Appendix D, Page 21

11

EXHIBIT D

Hold Harmless Affidavit

STATE OF INDIANA )

)SS:

COUNTY OF ___________ )

AFFIDAVIT

Comes now the Affiant(s), _______________________________, and swear and

affirm to the following:.

1) That the above Affiant(s) shall hold harmless and indemnify the

State of Indiana and its agent Indiana Department of Transportation and

accept

the property transfer through Quit Claim Deed without any Warrants and

receive

property As-Is.

SUBSCRIBED AND SWORN TO THIS _______DAY OF ________________,

20___.

__________________________

Affiant’s printed name

___________________________

Affiant’s signature

State of Indiana )

) SS:

County of _________ )

Subscribed and sworn to before me a Notary Public this ______ day of _____________,

20___.

___________________________

Notary Public

A Resident of ________________ County Indiana

My Commission expires: ______________