-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, HEjLWkwXP8pUnpiYoiczxO6claddgtu7NRMT93U4ko+6SX1297Ns11eFxpXOtjEE jX8/wQV3007yYFaqQJBa+g== 0001246532-04-000098.txt : 20040901 0001246532-04-000098.hdr.sgml : 20040901 20040901183928 ACCESSION NUMBER: 0001246532-04-000098 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040831 FILED AS OF DATE: 20040901 DATE AS OF CHANGE: 20040901 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DUKE REALTY CORP CENTRAL INDEX KEY: 0000783280 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 351740409 STATE OF INCORPORATION: IN FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 600 EAST 96TH STREET STREET 2: STE 100 CITY: INDIANAPOLIS STATE: IN ZIP: 46240 BUSINESS PHONE: 3178086000 MAIL ADDRESS: STREET 1: 600 EAST 96TH STREET STREET 2: STE 100 CITY: INDIANAPOLIS STATE: IN ZIP: 46240 FORMER COMPANY: FORMER CONFORMED NAME: DUKE WEEKS REALTY CORP DATE OF NAME CHANGE: 19990716 FORMER COMPANY: FORMER CONFORMED NAME: DUKE REALTY INVESTMENTS INC DATE OF NAME CHANGE: 19920703 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BURK GARY A CENTRAL INDEX KEY: 0001024253 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-09044 FILM NUMBER: 041012078 BUSINESS ADDRESS: STREET 1: DUKE REALTY INVESTMENTS INC STREET 2: 8888 KEYSTONE CROSSING STE 1200 CITY: INDIANAPOLIS STATE: IN ZIP: 46240 BUSINESS PHONE: 3175758888 MAIL ADDRESS: STREET 1: C/O DUKE REALTY INESTMENTS INC STREET 2: 8888 KEYSTONE CROSSING STE 1200 CITY: INDIANAPOLIS STATE: IN ZIP: 46240 4 1 edgar.xml PRIMARY DOCUMENT X0202 4 2004-08-31 0000783280 DUKE REALTY CORP DRE 0001024253 BURK GARY A 600 E. 96TH STREET, SUITE 100 INDIANAPOLIS, IN 46240 1 0 0 0 Common Stock 2004-08-31 4 M 0 452 15.3125 A 103918 D Common Stock 2004-08-31 4 M 0 6654 16.0625 A 110572 D Common Stock 2004-08-31 4 F 0 4504 34.00 D 106068 D Common Stock 6386 I By 401(k) Plan Units of Duke Realty Limited Partnership Common Stock 90015 90015 D Units of Duke Realty Limited Partnership 1994-10-04 Common Stock 4922 4922 I By Duke Management, Inc. Employee Stock Options-Right to Buy 15.3125 2004-08-31 4 M 0 452 D 2005-10-25 Common Stock 452 0 D Employee Stock Options-Right to Buy 16.0625 2004-08-31 4 M 0 6654 D 2006-01-31 Common Stock 6654 0 D Employee Stock Options-Right to Buy 19.4375 2007-01-29 Common Stock 1558 5220 D Employee Stock Options-Right to Buy 24.2500 2008-01-28 Common Stock 8537 5683 D Employee Stock Options-Right to Buy 23.0625 2009-01-26 Common Stock 19936 19936 D Employee Stock Options-Right to Buy 20.0000 2010-01-25 Common Stock 31609 31609 D Employee Stock Options- Right to Buy 24.98 2011-01-31 Common Stock 27608 27608 D Employee Stock Options- Right to Buy 23.35 2012-01-30 Common Stock 29536 29536 D Employee Stock Options- Right to Buy 25.42 2013-02-19 Common Stock 34184 34184 D Employee Sock Options- Right to Buy 32.51 2014-01-28 Common Stock 14142 14142 D Exchange Rights Common Stock 62583 62583 I By Duke Management, Inc. Phantom Stock Units Common Stock 8444 8444 D Phantom Stock Units Common Stock 4240 4240 D Between January 28, 2004 and August 31, 2004, the Reporting Person acquired 450 shares of Duke Realty Corporation's common stock under the Company's 401(k) plan. Units of Duke Realty Limited Partnership are convertible on a one to one basis to the Company's common stock and have no expiration date. The date on which 85,778 of these units were exercisable was October 4, 1994. The date on which 4,237 units were exercisable was August 7, 2004. Represents the Reporting Person's 7.51% interest in units owned by Duke Management, Inc. The stock options vested annually at a rate of 20% per year and were fully vested on 10/25/00. The stock options vested annually at a rate of 20% per year and were fully vested on 1/31/01. The stock options vested annually at a rate of 20% per year and were fully vested on 1/29/02. The stock options vested annually at a rate of 20% per year and were fully vested on 1/28/03. The stock options vested annually at a rate of 20% per year and were fully vested on 1/26/04. The stock options vest annually at a rate of 20% per year and will be fully vested on 1/25/05. The stock options vest annually at a rate of 20% per year and will be fully vested on 1/31/06. The stock options vest annually at a rate of 20% per year and will be fully vested on 1/30/07. The stock options vest annually at a rate of 20% per year and will be fully vested on 2/19/08. The stock options vest annually at a rate of 20% per year and will be fully vested on 1/28/09. In the event of a change in control of Duke Realty Corporation or Duke Realty Limited Partnership; or the liquidation of Duke Realty Limited Partnership, Duke Management, Inc. has the right to exchange its limited partnership interest in Duke Realty Services Limited Partnership for 833,334 shares of Duke Realty Corporation's common stock. The Reporting Person's ownership interest in Duke Mangement, Inc. is 7.51% Represents phantom stock units accrued under the Executive Deferred Compensation Plan of Duke Realty Services Limited Partnership. Between January 28, 2004 and August 31, 2004, the Reporting Person acquired 346 phantom stock units through dividend reinvestment. Represents phantom stock units vested under the 2000 Performance Share Plan of Duke Realty Corporation. The units are valued on a one to one basis to the Company's common stock and are to be settled in cash upon the Reporting Person's termination of employment. Valerie J. Steffen for Gary A. Burk per POA attached 2004-09-01 EX-24 2 burk.htm

POWER OF ATTORNEY



      Know all by these present, that the undersigned hereby constitutes and appoints each of

Howard L. Feinsand, James R. Windmiller, John R. Gaskin, Douglas E. Greer, and Valerie J. Steffen,

signing singly, the undersigned's true and lawful attorney-in-fact to:



(1) execute for and on behalf of the undersigned, in the undersigned's capacity as an

officer and/or director of Duke Realty Corporation (the "Company"), Forms 3, 4,

and 5, with respect to (i) the partnership units of Duke Realty Limited Partnership,

an Indiana limited partnership whose general partner is Duke Realty Corporation,

and/or (ii) the common shares of Duke Realty Corporation, all in accordance with

Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder;



(2) do and perform any and all acts for and on behalf of the undersigned which may

be necessary or desirable to complete and execute any such Form 3, 4, and 5,

complete and execute any amendment or amendments thereto, and file such form

with the United States Securities and Exchange Commission and any stock exchange

or similar authority; and



(3) take any other action of any type whatsoever in connection with the foregoing

which, in the opinion of such attorney-in-fact, may be of benefit to, in the best

interest of, or legally required by, the undersigned, it being understood that the

documents executed by such attorney-in-fact on behalf of the undersigned pursuant

to this Power of Attorney shall be in such form and shall contain such terms and

conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion.



The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform

any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any

of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or

could do if personally present, with full power of substitution or revocation, hereby ratifying and

confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall

lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein

granted.  The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity

at the request of the undersigned, are not assuming, nor is the Company assuming, any of the

undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.



This Power of Attorney shall remain in full force and effect until the undersigned is no longer

required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in

securities issued by the Company, unless earlier revoked by the undersigned in a signed writing

delivered to the foregoing attorneys-in-fact.



IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this

6th day of February, 2004.









 /s/: Gary A. Burk

      BY: Gary A. Burk



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