RFTAMENDATORY

RESOLUTION 2015-01,ARATORY RF],SOLUTION OF THE CITY OF NAPPANEF],

REDEVELOPMENT CO ON F'OR THE NAPPANEECONSOLIDATED TIF DISTRICT

V/HEREAS the City of Nappanee Redevelopment Commission ("Commission") hasinvestigated, studied, and surveyed economic development areas within the corporate boundaries ofthe City of Nappanee, Indiana;

WHEREAS the Commission did on the 7t day of June, 1993 adopt a DeclaratoryResolution establishing the Nappanee Downtown TIF District;

WHEREAS the Commission did on the 16th day of August, 1993 adopt a ConfirmatoryResolution confirming the Nappanee Downtown TIF District which was filed with the ElkhartCounty Auditor;

WHEREAS the Commission did on the 21't day of January, 1999 adopt a DeclaratoryResolution establishing the Nappanee V/estside lndustrial Park TIF District;

WHEREAS the Commission did on the 18 day of March, 1999 adopt a ConfrmatoryResolution confirming the Nappanee Westside lndustrial Park TIF District which was recorded onthe 24 day of Mar ch, 1999 as lnstrument Number 99-09457 , Elkhart County Records;

V/HEREAS the Commission did on the 6ft day September, 2001 adopt a DeclaratoryResolution establishing the Nappanee Senior Housing TIF District;

WHEREAS the Commission did on the 18tr day October, 2001 adopt aResolution confirming the Nappanee Senior Housing TIF District which was recorded on the 1day of October, 2001 as Instrument Number 200I-33554, Elkhart County Records;

WHEREAS the Commission did on the 24 day of October, 2006 adopt a DeclaratoryResolution amending the Nappanee Downtown TIF District, the Nappanee V/estside Industrial ParkTIF District, and the Nappanee Senior Housing TIF District and consolidating all of those TIFDistricts into one TIF District now known as the Nappanee Consolidated TIF District;

WHEREAS the Commission did on the 9th day of January, 2007 adopt a ConfrmatoryResolution confrming the amendments and consolidating the Nappanee TIF Districts into theNappanee Consolidated TIF District which was recorded on the 23'd day of January, 2007 asInstrument Number 2007-02043, Elkhart County Records;

WHEREAS the Commission did on the 11 day of January,2011 adopt an AmendatoryDeclaratory Resolution amending the Economic Development Plan for the Nappanee ConsolidatedTIF District;

WHEREAS the Commission did on the 26th day of April, 2011 adopt a ConfirmatoryResolution confirming the amendment of the Economic Development Plan for the NappaneeConsolidated TIF District which was recorded on the 28 day of April,2011 as Instrument Number201 1 -07889, Elkhart County Records;

WHEREAS the Commission has selected two additional areas to be part of the economicdevelopment area to be planned, replanned, developed, and redeveloped under I.C. $ 36-7-14 as partof the Nappanee Consolidated TIF District;

V/HEREAS it will be of public utility and benefit to acquire property within and to developand redevelop the additional areas to be part of the economic development area of the NappaneeConsolidated TIF District;

WHEREAS the Commission has prepared an economic development plan ("Plan") for theadditional economic development areas for the Nappanee Consolidated TIF District, which plan isattached to this Resolution as Exhibit A;

WHEREAS the Commission has caused to be prepared:

1. Maps and plats showing:The boundaries of the additional economic development areas, the locationofvarious parcels ofproperty, streets, alleys, and other features affecting theacquisition, clearance, replatting, replanning, rezoning, and the economicdevelopment of the additional areas; and

The parts of the areas including improved streets, rights-oway, and relatedimprovements that are to be devoted to public use under the Plan;

2. Lists of the owners of the various parcels of property included in the additionaleconomic development areas; and

3. An estimate of the cost of acquisition and implementing the Plan;WHEREAS the Commission has caused to be prepared a factual report ("Report") in

support of the findings contained in this Resolution, which Report is attached to this Resolution asExhibit B;

NOW, THEREFORE, BE IT RESOLVED by the Commission that

1. The Commission has selected additional areas to be part of the economicdevelopment areas within its corporate boundaries. The Commission is hereby designatingadditional areas as part of the Nappanee Consolidated Economic Development Area (NappaneeConsolidated TIF District"), which additional areas are described and shown on Exhibits C, D, andE which are attached hereto.

2. The Commission declares that it will be of public utility and benefit to amend theDeclaratory Resolution and Economic Development Plan for the Nappanee Consolidated TIFDistrict.

a.

b

2

3. The Commission declares that any additional areas to be acquired and the additionalareas to be developed under this Amendment are designated as part of the existing economicdevelopment project area for purposes of I.C. 36-7-14 et seq.

4. The Commission finds that the Plan for the additional economic development areas:a. Promotes significant opportr-rnities for the gainfi.rl employment of the citizens

of the City ofNappanee;

b. Will attract major new business enterprises to the City of Nappanee;c Will retain or expand significant business enterprises existing in the City of

Nappanee;

Benefits the public health, safety, morals, and welfare of the citizens of theCity ofNappanee;

Increases the economic well-being of the City of Nappanee, Elkhart County,and the State of Indiana; and/or

Serves to protect and increase property values in the City of Nappanee,Elkhart County, and the State of Indiana.

5. The Commission finds that the Plan cannot be achieved by regulatory processes orby the ordinary operation of private enterprise without resort to the powers allowed by theCommission under LC. $36-7-14 because of the lack of local public improvements and multipleownership of land and specifically:

The need for sanitary sewer lines, water lines, a water tower, and relatedutility improvements to serve the additional economic development areas;and

The need for improved public roads, traffic signals, bridges, drainage, andpublic right-of-way in and serving the additional economic developmentareas.

The need for public amenities including soccer fields, restrooms, stands,lockers, a concession building, lighting, signage, and other related orrecreationally related features in and serving the additional economicdevelopment areas.

The need for airport and rail improvements in and serving the additionaleconomic development areas.

6. The Commission finds that the accomplishment of the Plan will be of public utilityand benefit as measured by:

d.

f.

a.

b.

c.

d.

aJ

The attraction or retention of permanent jobs;

An increase in the properly tax base; and/or

Improved diversity of the economic base

l. The Commission finds that the public health and welfare will be benefited byaccomplishment of the Plan for the additional economic development areas.

8. The Commission finds that the Plan for the additional economic development areasconforms to other development and redevelopment plans for the City of Nappanee.

9. The Commission proposes that all rights-of-way necessary to complete the Planshall be dedicated to or acquired by the appropriate govemmental unit to permit the development ofthe Nappanee Consolidated TIF District, as amended.

10. The Commission estimates that the cost of implementing the Plan will beapproximately Six Million Dollars ($6,000,000.00), subject to revised estimates and thedevelopment of more definitive project descripions.

1 l. The Commission finds that no residents of the Nappanee Consolidated TIF District,as amended, will be displaced by any project resulting from the Plan; and, therefore, theCommission finds that it does not need to give consideration to transitional and permanentprovisions for adequate housing for the residents.

12. This paragraph shall be considered the allocation provision for purposes of I.C. $36-7-14-39

a. The additional Economic Development Areas added to the NappaneeConsolidated TIF District shall constitute an allocation area as defined in $36-7-14-39 with a base year for assessed valuation puposes of March 1,2014.

Any property taxes levied on or after the effective date of this Resolution byor for the benefit of any public body entitled to a distribution of propertytaxes on taxable real property in the allocation areas shall be allocated anddistributed in accordance with I.C. $36-7-14-39.

These additional areas and allocation provisions shall remain effective for aterm of 25 years from date of adoption unless sooner terminated by theCommission.

13. The Commission finds, based upon the evidence provided in the EconomicDevelopment Plan and the Factual Report, that the adoption of the allocation provision herein willresult in new property taxes in the area that would not have been generated but for the adoption ofthe allocation provision.

a.

b.

c.

b

c

4

14. All of the rights, powers, privileges, and inmunities that may be exercised by theCommission in a redevelopment area or urban renewal area under I.C. $36-7-14 may be exercisedby the Commission in the Nappanee Consolidated TIF District, subject to the limitations in I.C.36-7-t4-43.

15. The Commission hereby directs and authorizes the presiding officer of theCommission to submit this Resolution, the Plan, and the Report to the City of Nappanee PlanCommission for its approval.

16. The Commission further directs and authorizes the presiding officer of theCommission to submit this Resolution, the Plan, and the Report to the Nappanee Common Councilfor its approval of the establishment of the additional Economic Development Areas for theNappanee Consolidated TIF District.

17. The Commission also directs the presiding officer of the Commission, upon receiptof the written order of approval of the City of Nappanee Plan Commission and the approval of theNappanee Common Council, to publish notice of the adoption and substance of this Resolution inaccordance with I.C. $5-3-1. The notice must state that maps and plats have been prepared and canbe inspected at the office of the C ofNappanee Department of Planning ard must establish adatewhen the Commission will receive and hear remonstrances and objections from persons interestedin or affected by the proceedings pertaining to the proposed Project and amendment of theEconomic Development Areas and will determine the public utility and proposed benef,rt of theproposed Project.

18. The Commission further finds that the amendment of the Economic DevelopmentAreas for the Nappanee Consolidated TIF District is reasonable and appropriate when considered inrelation to the original Resolutions and Plans and the purposes of I.C. $36-7-14 et seq.

19. The Commission further finds that the original Resolutions and Plans for theNappanee Consolidated TIF District, with the proposed amendments, conform to thecomprehensive plan for City of Nappanee, Indiana.

20. This Resolution shall be effective as of its date of adoption.

ADOPTED this 24 day of February,20l5.

CITY OF NAPPANEE REDEVELOPMENT COMMISSION

BY

Title: Presiding Officer

BY

Title: Secretary

5

EXHIBIT A

tra.lN]rNtla nF\/trT D\/fE]\lT PLAN FOR TIF A I\ItrI\IT/tr]\TT AE'|.LIE TADDA]\TEECONSOLIDATED TIF DIS BY THE CITY OF NAPPANEE

REDEVELOPMENT COMMISSION

Pumose and Introduction

This document is the Economic Development Plan ("Plan") for the additional land in theNappanee Consolidated TIF District for the City of Nappanee, lndiana ("Nappanee"). It is intendedfor approval by the Nappanee Common Council, City of Nappanee Plan Commission, and the CityofNappanee Redevelopment Commission ("Redevelopment Commission") in conformance with IC36-7-r4.

Proiect Obiectives

The purposes of the Plan are to benefit the public health, safety, morals, and welfare of thecitizens of Nappanee; increase the economic well-being of Nappanee and the State of Indiana; andserve to protect and increase property values in Nappanee and the State of Indiana. The Plan isdesigned to promote significant opportunities for the gainrl employment of citizens of theNappanee, retain or expand existing significant business enterprises in Nappanee, provide for localpublic improvements in the Nappanee Consolidated TIF District, remove improvements orconditions that lower the value of the land in the Nappanee Consolidated TIF District below that ofthe nearby land, attract and retain permanent jobs, increase the property tax base, and improve thediversity of the economic base ofNappanee.

The factual report attached to this Plan contains the supporting data for the above declaredpurposes of the Plan.

Description of Proiect Area

The additional land in the Nappanee Consolidated TIF District is located in the City ofNappanee and is described as the area in the legal descriptions, maps, and plats attached to this Plan.

Proiect Description

The Commission intends to facilitate the development and improvement of the NappaneeConsolidated TIF District by the acquisition and improvement of the public right-of-ways, bridges,drainage and public roads in and serving this area, the construction, installation, and expansion ofsanitary sewer lines, water lines, and related utility improvements in and serving the area, andrecreational features including soccer fields, lockers, stands, restrooms, and a concession building inand serving the area. Projects which may be performed include the following:

Estimated Amount

$1,600,000.00

Item

6

Extension of water and sewer lines

Soccer fields, lockers, stands, restrooms,Concession building

Water Tower

Extension of Lincoln Street West

Traffic signals, lighting, signage, drainage

Proj ect Oualification Requirements

$1,000,000,00

$1,100,000.00

$1,400,000.00

$900,000.00

Infrastructure improvements will be constructed with the assistance of the RedevelopmentCommission. The Redevelopment Commission and the Nappanee Common Council areresponsible for approving all requests and appropriate agreements setting forth the terms andconditions pertaining to improvements in the Nappanee Consolidated TIF District.

Without the establishment of these additional economic development areas within theNappanee Consolidated TIF District and the assistance of the Commission, it is unlikely that any ofthese local public improvements would have been accomplished. The construction anddevelopment of these local public improvements will also set the stage for new growth andredevelopment within these additional economic development areas in the Nappanee ConsolidatedTIF District.

Acquisition of Property

In order to accomplish the Project, the Redevelopment Commission does not currently planto acquire any interests in any real property. However, the Redevelopment Commission mayacquire by gift or purchase interests in real property from the Nappanee Common Council. TIFfunds may be used to reimburse other govemmental units for local public improvements, includingland, rightof-way acquisitions or related expenses; road and bridge improvements; storm, sanitarysewer, water tower, and water line installations; soccer fields and other recreational features; andother related improvements.

wl to the

All contracts for material or labor in the accomplishment of the Project shall be let underapplicable statutes.

In the planning and rezoning of real properly acquired or to be used in the accomplishmentof the Plan; the opening, closing, relocation, and improvement of public ways and bridges; and theconstruction, relocation, and improvement of sewers and utility services; the RedevelopmentCommission shall proceed in the same manner as private owners of the property. TheRedevelopment Commission may negotiate with the proper offrcers and agencies of the County andmunicipal offices to secure the proper orders, approvals, and consents.

Any construction work required in connection with the Project may be carried out by theappropriate municipal or County department or agency or by the Redevelopment Commission if all

7

plans, specifications, and drawings are approved by the appropriate department or agency and thestatutory procedures for letting of the contracts are followed by the Redevelopment Commission.

The Redevelopment Commission may pay any charges or assessments made on account oforders, approvals, consents, and construction work with respect to the Project or may agree to paythese assessments in installments as provided by statute in the case of private o\ners.

None of the real property acquired for the Projects may be set aside and dedicated for publicways, sewer, or other public purposes until the Redevelopment Commission has obtained theconsents and approval of the department or agency under whose jurisdiction the property will beplaced.

Financing of the Proiect

It is the intention of the Redevelopment Commission to finance the Projects withincremental ad valorem property taxes allocated under IC 36-7-14-39 and any other assistanceprovided by the City of Nappanee, lndiana. All expenses reasonably incurred in connection withthe Projects will be financed in such manner with expenses generally consisting of the following:

(1) The total cost of all land, right-of-way, ffid other property to be acquired anddeveloped.

(2) The total cost of all infrastructure improvements;(3) All reasonable and necessary architectural, engineering, legal, accounting,

advertising and supervisory expenses related to the acquisition and development ofthe Projects.

In addition to the above, the Redevelopment Commission may enter into commitmentagreements, leases, and interlocal agreements with other public agencies and private developers forthe purpose of setting forth procedures and conditions relating to financing, developing, andconstructing the Project. The Nappanee Consolidated TIF District recognizes theinterconnectedness between these core manufacturing and commercial business districts of the Cityof Nappanee and allows the Redevelopment Commission greater flexibility in the financing anddevelopment of these areas.

of the Plan

By following the procedures specified lnIC 36-7-14-11.5, the Redevelopment Commissionmay amend this Plan for the additional land in the Nappanee Consolidated TIF District. However,if the amendment involves the enlargement of a boundary of the Nappanee Consolidated TIFDistrict, such an enlargement must be approved by the Nappanee Common Council.

8

EXHIBIT B

FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED INRESOLUTION NO. 2OI5-OI OF THE CITY OF NAPPANEE

REDEVELOPMENT COMMIS SION

1. The Plan for the additional land in the Nappanee Consolidated TIF District willpromote significant opportunities for the gainful employment of citizens of Nappanee as follows:

With the number of commercial and manufacturing vacant parcels of land included in theamended Nappanee Consolidated TIF District, as well as the preservation and improvement ofexisting commercial and industrial areas, there may be an estimated seven hundred fifty (750)permanent manufacturing and commercial related jobs created, as well as some permanentprofessional office jobs being created. Nappanee has historically maintained a strong employmentbase. A significant portion of Nappanee's manufacturing employment base, however, is sensitive toeconomic cycles. It is important to encourage diversification in the employment base. TheNappanee Consolidated TIF District should greatly assist the City of Nappanee in its efforts toimprove infrastructure to allow for the location and expansion of diverse manufacturing andcommercial businesses.

2. The Plan will attract major new business enterprises to Nappanee as follows:The amended Nappanee Consolidated TIF District will provide the infrastructure and other

improvements which ae needed to allract and maintain manufacturing and commercialestablishments within the Economic Development Area, as well as throughout the Nappanee area.

3. The planning, replanning, development, and redevelopment of the additionalEconomic Development Areas in the Nappanee Consolidated TIF District will benefit the publichealth, safety, morals and welfare; increase the economic well-being of Locke and UnionTownships, the City ofNappanee, Elkhart County, and the State of Indiana; and serve to protect andincrease property values in Locke and Union Townships, the City ofNappanee, Elkhart County, andthe State of Indiana as follows:

(a) The economic well-being of Locke and Union Townships, Nappanee, ElkhartCounty, and the State of Indiana would be enhanced with the completion_9f the Planas manufacturing and commercial positions would be created and maintainedthereby enhancing employment opportunities in Nappanee.

(b) The extension of sanitary sewer and water lines, the construction of a water tower,and the construction of roads and the acquisition and improvement of right-of-waywill increase property values thereby attracting new development which willincrease the employment, as well as the tax base, for Locke and Union Townships,Nappanee, Elkhart County, and the State of Indiana.

The establishment and construction of soccer fields, lockers, stands, restrooms, aconcession building and other recreational features will enhance the area and serveas an attraction forjobs and talent to the area.

9

(c)

(d) The installation of lighting, signage, drainage improvements, traffic signals, andother public improvements will enhance development options for the area.

4. The Plan for the Nappanee Consolidated TIF District, as amended, cannot beachieved by regulatory processes or by the ordinary operation ofprivate enterprise because ofthelack of infrastructure improvements. Nappanee has no funding sources readily available for theconstruction of sanitary se\iler and water improvements, public right-of-way improvements, andrecreational features to these areas within Nappanee. ln order for quality commercial and industrialdevelopment to occur in the Nappanee Consolidated TIF District, as amended, infrastructure mustbe provided which in tum ensures employment and new job opportunities will develop. New jobopportunities can be accomplished by constructing infrastructure improvements which are fnancedin part by state and local funds and in part by incremental ad valorem property taxes. Such afinancing arrangement allows for infrastructure to be installed up front with future tax revenuestargeted to offset costs not covered by other funds. Such a financing mechanism also allowsNappanee to proceed with infrastructure improvements which normally could not be installedbecause of economic, jurisdiction, and/or legal constraints.

5. The accomplishment of the Plan for the Nappanee Consolidated TIF District, asamended, will be of public utility and benefit as measured by:

(1) The attraction of new permanent jobs in the commercial and manufacturing sectors;(2) An increase in the property tax base as well as increased revenues from the CAGIT

and EDIT payroll taxes;

(3) Improved divers of the economic base.The improvements made in the Nappanee Consolidated TIF District, as amended, will

enable diverse manufacturing, oflce, and retail enterprises to locate within the TIF District in atimely and planned fashion; improvements will also attract a number of businesses that would nototherwise locate in the area.

10

EXHIBIT C

LEGAL DESCRIPTION

Parcel A:

Tract I: The East Two Hundred Fifty (250) of Lot Number Two (2) as the said Lot is known anddesignated on the recorded Plat of Airport lndustrial Park Subdivision, in Union Township; said platbeing recorded in the Office of the Recorder of Elkhart County, Indiana, in Plat Book 12,page28.

Tract II: Lot Numbered One (1) as the said Lot is known and designated on the recorded Replat ofAirport lndustrial Park P.U.D. in Union Township; said plat being recorded in the Office of theRecorder of Elkhart County, Indiana, in Plat Book 17,page95.

Tract III: Lot Numbered Two (2) as the said Lot is known and designated on the recorded Replat ofAirport Industrial Park P.U.D. in Union Township; said plat being recorded in the Office of theRecorder of Elkhart County, Indiana, in Plat Book 17, page 95.

Tax Code Number: 20-14-34-15 1-01 1.000-028

Parcel B:

A part of the Northwest Quarter of Section 34, Township 35 North, Range 5 East, Union Township,Elkhart County, Indiana, and more particularly described as follows:

Commencing at a Harrison monument marking the Southeast comer of said Northwest Quarter;thence West, 267.62 feet, along the South line of said Northwest Quarter, and U.S. Highway 6, tothe point of beginning of this description; thence continuing along the last described line andbearing, 267.62 feet; thence North 00 degrees, 09 minutes, 59 seconds West, 910.74 feet, to an ironpipe; thence East, 267.62 feet, to a rebar; thence South 00 degrees, 09 minutes, 59 seconds East,970.74 feet, to the point of beginning.

Tax Code Number: 20-14-34-100-046.000-028.

Parcel C:

A part of the Southeast Quarter of the Northwest Quarter of Section 34, Township 35 North, Range5 East, Union Township, Elkhart County, Indiana, described as follows:

Commencing at the Southwest corner of the Southeast Quarter of the Northwest Quarter of saidSection 34 and running thence East along the South line of said quarter section and the center line ofU.S. Highway No. 6, a distance of 350 feet to the place of beginning of this description; thencecontinuing East along the center line of U.S. Highway No. 6 a distance of 970 feet to the East line ofthe Northwest Quarter of said Section 34; thence North along said East line of said quarter section

11

970 feet to the South line of land conveyed to Nappanee Investors, Inc. (Deed Record 278, page465); thence West along said South line 970 feet; thence 970 feet to the place of beginning.

Less and excepting the following two (2) tracts:

Exception No. I

A part of the Northwest Quarter of Section 34, Township 35 North, Range 5 East, Union Township,Elkhart County, Indiana, and more particularly described as follows:

Commencing at a Harrison monument marking the Southeast corner of said Northwest Quarter;thence West, 267.62 feet, along the South line of said Northwest Quarter, and U.S. Highway 6, tothe point of beginning of this description; thence continuing along the last described line andbearing, 267 .62 feet; thence North 00 degrees, 09 minutes, 59 seconds West, 970.74 feet, to an ironpipe; thence East, 267.62 feet, to a rebar; thence South 00 degrees, 09 minutes, 59 seconds East,970.74 feet, to the point of beginning.

Exception No. 2

Part of the Southeast Quarter of the Northwest Quarter of Section Thirty-four (34), TownshipThirry-five (35) North, Range Five (5) East, situate in Union Township, Elkhart County, State ofIndiana, described as follows:

Commencing at the Southwest corner of the Southeast Quarter of the Northwest Quarter of saidSection Thirty-four (34), said point being one thousand three hundred twenty and seven hundredths(1320.07) feet East of a bronze pin marking the Southwest corner of the Northwest Quarter of saidSection Thirty-four (34); said point also being one thousand three hundred twenty and sevenhundredths (1320.07) feet West of a spike nail marking the Southeast corner of the NorthwestQuarter of said Section Thirly-four (34); thence Eastwardly along the South line of the North Halfof said Section Thirty-four (34), a distance of three hundred fifty (350) feet to a masonry nailmarking the Southeast corner of land conveyed to Harlan D. Beer et al in Deed Record 350, page01, said nail being the place of beginning of this description; thence continuing Eastwardly alongthe South line of the North Half of said Section Thirty-four (34), a distance of four hundred thirty-five (435) feet to a masonry nail; thence Northwardly with a deflection angle of ninety (90) degreesnine (09) minutes fifty-four (54) seconds to the left parallel with the East line of the NorthwestQuarter of said Section Thirty-four (34), a distance of nine hundred seventy and thirty-fivehundredths (970.35) feet to an iron stake on the South line of land conveyed to The Civil City ofNappanee, Indiana in Deed Record 345,page 9 reviously Nappanee lnvestors, Inc. - Deed Record278, page 465); thence Westwardly with a deflection angle of eighty-nine (89) degrees forty-six(46) minutes forty-two @2) seconds to the left and along the South line of said City of Nappaneeland, a distance of four hundred thirty-five (435) feet to an iron stake; thence Southwardly parallelwith the East line of the Northwest Quarter of said Section Thirty-four (34), a distance of ninehundred seventy and seventy-seven hundredths (970.71) feet to the place of beginning of thisdescription.

12

Tax Code Number: 20-14-34-100-047.000-028

Parcel D

The Southwest Quarter (SV/ %) of the Northeast Quarter (NE %) of Section 34, Township 35 North,Range 5 East, Union Township, Elkhart County,Indiana.

Less and excepting the following three (3) parcels:

Exception No. I

The North 350 feet thereof conveyed to Nappanee Investors, lnc., by Deed recorded in Deed Record278,page 465.

ExceptionNo.2

A tract 235 feet East and West by 970 feet North and South along the East side of said QuarterQuarter Section conveyed to 'Willie's Construction Company, Inc., by Deed recorded in DeedRecord 3l7,page208.

ExceptionNo.3

A part of the Southwest Quarter of the Northeast Quarter of Section 34, Township 35 North, Range5 East, Second Principal Meridian, Union Township, Elkhart County, Indiana, more particularlydescribed as follows:

Commencing at the Southwest comer of the Southwest Quarter of the Northeast Quarter of saidSection 34 (basis of bearings'West Line DALE D-PUD, South 00 degrees 01 minutes 36 secondsWest); thence North 89 degrees 59 minutes 21 seconds East, along the South line of said NortheastQuarter of Section 34, a distance of 1034.7I feet to the Point of Beginning of this description;thence continuing North 89 degrees 59 minutes 21 seconds East, along said South line of theNortheast Quarter of Section 34, a distance of 45.00 feet to a point; thence North 00 degrees 0lminutes 36 seconds East, along the West line of Lots Numbered 1 and 2 in said recorded plat ofDALE D-PUD, a distance of 970.57 feet to an iron rebar at the Northwest comer of said LotNumbered 2 inthe recorded plat of DALE D-PUD; thence North 90 degrees 00 minutes 00 secondsWest, along the South line of Deed Record2lS,page 465, a distance of 45.00 feet to an iron rebarwith cap (DORIOT 890028); thence South 00 degrees 0l minutes 36 seconds West, a distance of970.58 feet to the Point of Beginning.

Tax Code Number: 20-14-34-200-0 1 3.000-028.

13

Parcel E:

The Northeast Quarter (NE %) of the Southwest Quarter (SV/ %) and the Northwest Quarter QllV/%) of the Southeast Quarter (SE %) of Section 34, Township 35 North, Range 5 East, UnionTownship, Elkhart County, Indiana.

Less and excepting the following four (4) tracts:

Exception No. 1

15 acres by parallel lines off and from the East side of the Northwest Quarter (NW %) of theSoutheast Quarter (SE %) of said Section 34.

Exception No. 2

A part of the Northwest Quarter (NW %) of the Southeast Quarter (SE %) of Section 34, Township35 North, Range 5 East, in Elkhart County, Indiana, more fully described as follows:

Beginning at a point on the North line of the said Southeast Quarter (SE %), 495 feet West of theNortheast corn of the Northwest Quarter (NW %) of the Southeast Quarter (SE %) of Section 34,Township 35 North, Range 5 East; thence continuing West on the North line of the SoutheastQuarter (SE %) aforesaid 198 feet; thence South 660 feet; thence East 198 feet; thence North 660feet to the place of beginning.

Exception No. 3

A part of the Northwest Quarter (NW %) of the Southeast Quarter (SE %) of Section 34, Township35 North, Range 5 East, in Elkhart County, Indiana, more fully described as follows:

Beginning at a point on the North line of the said Southeast Quarter (SE 7 of Section 34,693 feet'West

of the Northeast comer of the Northwest Quarter (NVi %) of the Southeast Quarter (SE %) ofsaid Section 34, which point is the Northwest comer of lands now owned by Jonathan P. Blosserand Lila L. Blosser, husband and wife; thence continuing West along the North line of saidNorthwest Quarter (NW %) of the Southeast Quarter (SE %) of said Section 34 a distance of 264feet; thence South approximately 1320 feet to the South line of the Northwest Quarter QtlW %) ofthe Southeast Quarter (SE %) of said Section 34; thence East along the South line of said QuarterQuarter Section I32 feet; thence North 660 feet to a point; thence East 132 feet to the Southwestcomer of lands now owned by Jonathan P. Blosser and Lila L. Blosser, husband and wife; thenceNorth approximately 660 feet to the point of beginning.

Exception No. 4

A part of the Northwest Quarter (NW %) of the Southeast Quarter (SE %) of Section 34, Township35 North, Range 5 East, in Elkhart County, Indiana, more particularly described as follows:

T4

Beginning at the Northwest corner of the East 15 acres by parallel lines of said Northwest Quarter(NW %) of the Southeast Quarter (SE %) of said Section 34 and running thence South along theWest line of property now owned by Nappanee Raceway, Inc., a distance of 660 feet to theSoutheast comer of lard now owned by Jonathan P. Blosser and Lila L. Blosser, husbard and wife,for the point of beginning of the real estate herein being conveyed; thence West along the South lineof Blosser land and an extension thereof 330 feet; thence South, parallel to the East line of saidNorthwest Quarter (NW %) of Southeast Quarter (SE 7 a distance of 660 feet, more or less, to theSouth line of the Northwest Quarter (NW %) of the Southeast Quarter (SE %) of said Section 34;thence East along the South line of said Quarter Quarter Section 330 feet to the Southwest corner ofland now owned by Nappanee Raceway, Inc.; thence North along the West line of NappaneeRaceway, Inc. land approximately 660 feet to the point of beginning.

Being Tax Code Numbers: 20-14-34-326-001.000-028 and 20-14-34-400-009.000-028

All of the real estate within the municipal boundaries of the City of Nappanee at the NappaneeMunicipal Airport.

Being Tax Code Numbers: 20-14-34-100-014.000-029,20-14-34-151-010.000-029, 20-14-34-10l-002.000-029,20-r4-34-100-019.000-029,20-t4-34-100-038.000-029,20-74-34-100-01 6.000-029,20-14-34-100-015.000 -029,20-14-34-100-039.000-029,20-14-34-100-042.000-029, and20-14-34-100-013.000-029.

15

EXHIBIT D

LEGAL DESCRIPTION

A part of the East half of the Northwest Quarter of Section 31, Township 35 North, Range 5East, described as follows:

Beginning at a point 4I % feetNorth of the Southwest corner of the East half of the NorthwestQuarter of said Section 31; thence East along the North line of East Market Street in the City ofNappanee, ll5 % feet; thence North 132 feet to the South line of an alley; thence West 115 %feet to the West line of the East half of the Northwest Quarter of said Section 31; thence Southalong the 'West line of the East half of the Northwest Quarter of said Section 3I , 132 feet to thepoint of beginning.

Being Tax Code Number: 20-l 4-3 | -17 9 -012.000-029.

[Insert legal description for access road of Northside Boulevard at apartment complex.]Being Tax Code Number: 20 -13 -25 -47 7 -019.000 -021.

[Insert legal description for apartment complex.]Being Tax Code Number: 20-13 -25 -47 7 -013 .000-021 .

[Insert legal description for Nappanee real estate at soccer field complex and entrance.]Being Tax Code Numbers: 20-13-25-477-018.000-021, 20-13-25-477-015.000-021,20-13-25-417 -017 .000-021, and 20-13-25-451-006.000-021 .

[Insert legal description for OSB complex.]Being Tax Code Number: 20-13-24-45 1-003.000-021.

[Insert legal description for Downey parcel.]Being Tax Code Number: 20-13-25-200-005.000-021.

flnsert legal descriptions for future extension of County Road 150.]Being Tax Code Numbers: 20-13-24-451-002.000-021 and20-13-25-200-017.000-021

Commencing at the intersection of the centerline of East Van Buren Street and State Roadl9trorth Main Street; thence North along the centerline of North Main Street/State Road 19 tothe intersection and centerline of East Marion Street; thence East on the centerline of EastMarion Street to the intersection and centerline of North Elm Street; thence South on thecenterline of North Elm Street to the intersection and centerline of East Van Buren Street; thenceWest on the centerline of East Van Buren Street to the point of beginning.

16

Being Tax Code Numbers: 20-14-31-l5l-009.000-029, 20-14-31-151-005.000-029, 20-14-31-I 5 1 -007.00 0-029, and 20 -l 4-3 I - I 5 I -008.000-029.

All of the public right-of-way of North Main Street/State Road l9 from the centerline of U.S.6/IvIarket Street to the intersection and centerline of County Road 150.

t7

EXHIBIT E

LEGAL DESCRIPTION

[Insert legal description for Fred's Flower parcels.]Being Tax Code Numbers: 20-13-36-401-014.000-021 and20-13-36-401-015.000-021

[Insert legal description of parcels around May properties.]Being Tax Code Numbers: 20-13-36-401-004.000-021,20-13-36-401-003.000-021, 20-13-36-401-002.000 -021, and 20 -13 -3 6 -327-008. 000-02 I .

[Insert legal description for ATC facility.]BeingTaxCodeNumbers:20-13-36-408-006.000-021,20-13-36-408-001.000-021, and20-13-36-434-008.000-02r.

All of the public righrof-way of South V/illiams Street from its intersection with Randolph Streetnorth to U.S. 6^Mest Market Street.

All of the public rightof-way of West Lincoln Street from its intersection with State Road 19 westto its intersection with South V/illiams Street.

All of the public right-of-way and alleys within the area bounded by South Williams Street on theeast, the Chessie Railroad System right-oway on the South, the centerline of North Guiss Street ifextended south of U.S. 6iIVest Market Street on the west, and the centerline of U.S. 6/!Vest MarketStreet on the north.

All of the public right-of-way of West Randolph Street from its intersection with SouthNappaneeStreet on the east to its intersection with North Metzler Drive on the west.

18