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Home My WebLink About234152 06/25/14 CITY OF CARMEL, INDIANA VENDOR: 368346 (9, ONE CIVIC SQUARE YASMIN L STUMP LAW GROUP LP CHECK AMOUNT: $*****1,000.00" CARMEL, INDIANA 46032 11495 PENNSYLVANIA ST SUITE 101 CHECK NUMBER: 234152 CARMEL IN 46032 CHECK DATE: 06/25/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 212 4462865 1,000.00 ILLINOIS STREET i i RIGHT OF ENTRY This Right of Entry has been executed April ,2014 byte undersigned Grantors and the City of Carmel, Indiana, an Indiana municipal corporation. RECITALS WHEREAS,Grantors are the owners of real estate(the"Grant(rs' Property")located in the City of Carmel,Hamilton County, Indiana and incorporated by re erence; WHEREAS, Carmel is involved in a project to construct a publ c improvement project entitled Illinois Street Extension,Project 10-10 (the"Project"); WHEREAS,the Project affects a portion of the Grantors' Property and Carmel and the Grantors have agreed to execute a separate settlement agreement for arinel's acquisition in fee simple of this portion.of Grantors' Property(the"Project Property")described in Exhibit.2 and incorporated by reference; WHEREAS, Grantors and Carmel have agreed to execute a sep rate settlement agreement for the Project Property; but desire to enter into this grant of Right of ntry to allow Carmel to start on.the Project until the Settlement Agreement is full 'executed d other Y appropriate ate filin gsare recorded;and Now THEREFORE, in consideration of the sum of$1000.00,t e foregoing_Recitals incorporated herein,the following mutual covenants,and other good a d.valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge,the Parties agree as follows: 1. Grant. Grantors hereby grant and provide to Carmel, its gents, contractors; subcontractors and employees the right-to use the Project Property for any lawful purpose related to the Project including; but not ilimited to, surveying, testing, moving dirt or ground, removal of dirt or ground, landsc ping, constructing roadway, and any other lawful purpose in connection with the Project as would be permitted if Carmel were owner of the Project Property. Carmel shall not cause damage to the Grantors' Property, except the normal and reasonable construction disturbance associated with the project; and upon completion of this work shall Promptly return the Grantors' Property to a. condition that i substantially the same as its condition prior to this grant of right of entry. 2. Termination by Order. This Right of Entry shall be irrevocable until such time as an Order of Appropriation is issued by the applicable Courtaving Jurisdiction regarding eminent domain matters and such Order is recorded 'n the Office of the Recorder of Hamilton County, Indiana, or Judgment is entere by the applicable Court having Jurisdiction regarding eminent domain matters, o August 22, 2014, whichever occurs first. 3. Warranty. Grantors; by executing below, hereby warrant tha Granto�s are the lawful owners of the Grantors' Property and that there is no enc mbrance or other restriction upon Grantors providing this Right ofEnty to Carmel. i i 1 4. Indemnification.Carmel shall indemnify defend, or hold Grantors harmless from any and all liability, loss, damage, cost,.obligation and exp rise which arises out of or results from any negligent act, whether of commis ion or omission, of Carmel, its agents, employees, contractors, subcontractors, li ensees, occurring in or about the Project Property whether in the exercise of Car el's rights hereunder or in breach or excess thereof. IN WITNESS WHEREOF,Grantors and Carmel herein have ex cuted this grant of right of entry as of the day first.above written. GRANTORS: CITY OF CARMEL: • 1�� /fi�'�,rcl Edward K. Stevens C'2_ .� Date: �� Printed Name �..._ .. r� ,ri,sfl d 1� Title Date: 1 ?, C(` r Kathleen O. Stevens Scott, Lisa M From: Kashman,Jeremy M Sent: Tuesday,June 17, 2014 11:22 PM To: Scott, Lisa M Cc: Lustig, Kate Subject: FW: Stevens Attachments: Form W-9.pdf Lisa, I have some meetings in the morning so I will not be back until the middle of the day, but there are a couple checks that I need to work on getting cut for some Right of Way on Illinois Street. Thanks, Jeremy Kashman, PE City Engineer From: McFarland, Pamela S. fmailto:PMcFariand(a)hallrender.com] Sent: Friday, June 13, 2014 10:33 AM To: Kashman,Jeremy M Cc: Howk,Andrew B. Subject: RE: Stevens Jeremy, Attached is a W-9 from Stevens' counsel. Please issue two separate checks: 1) $1,000 payable to Yasmin L. Stump Law Group, P.C. 2) $17,500 payable to Yasmin L. Stump Lav Group, P.C. Send them both to us and we will distribute the $1,000 immediately upon receipt and distribute the $17,500 once an order is in place. Pamela S. McFarland-Johnson Legal Assistant to David B. Honig, N. Kent Smith, and Andrew B. Howk 317.977.1543 (Phone) 317.633.4888 (Fax) From: Howk, Andrew B. Sent: Thursday, June 12, 2014 8:18 PM To: Kashman,Jeremy M i Cc: McFarland, Pamela S.; David Honig Subject: RE: Stevens Jeremy, In that case, tomorrow when you receive the W-9 we'll send the check instructions as well. When you receive those, make a check out for $1,000 and mail that first.That will finalize our Right of Entry and you have the legal right to access that property. We'll hold off on writing a second check for the agreed to value of$17,500 until we have the court order in place. From: Kashman, Jeremy M Ukashman@carmel.in.gov] Sent: Thursday,June 12, 2014 7:53 PM To: Howk, Andrew B. Cc: McFarland, Pamela S.; David Honig Subject: Re: Stevens Drew, Thank you.We are probably going to need access to this parcel starting next week. Thanks, Jeremy Sent from my iPhone On Jun 12,2014, at 7:21 PM, "Howk,Andrew B."<AHowk@hallrender.com>wrote: Jeremy, We apologize for the time this has taken. For several weeks the bank and opposing counsel were arguing about who was to receive the money but they have finally come around on that. This week we secured the disclaimer of interest from the Bank and filed the Notice of Dismissal of the Bank yesterday. We're awaiting confirmation from the court that this notice was received and at that point will file an Agreed to Finding and Judgment with the Court that will transfer title over to the City and finalize this matter. I will have Pam provide you with the W-9 we received from opposing counsel and we should begin moving to prepare a check for the full amount of the settlement and the amount of the ROE: $18,500. Please let me know if you have any questions. Drew Howk Attorney direct 317-429-3607 fax 317-633-4878 email ahowk(a)hallrender.com web www.hallrender.com 2 One American Square,Suite 2000 Box 82064, Indianapolis, IN 46282 THIS COMMUNICATION AND ATTACHMENTS CANNOT BE USED FOR THE PURPOSE OF AVOIDING TAX PENALTIES.This message and any attachments are confidential and are subject to the attorney-client privilege and the privilege relating to attorney-client work product.It is intended only for the named recipient(s)and may be exempt from disclosure under other applicable law,as well.If you are not the intended recipient(s),you are notified that any disclosure,copying,distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be unlawful.If you receive this message in error,or are not the named recipient(s),please notify the sender,delete this e-mail from your computer,and destroy any copies in any form immediately.Receipt by anyone other than the named recipient(s)is not a waiver of any attorney-client,work product,or other applicable privilege.Hall Render hereby claims all applicable privileges related to this information. From: Kashman, Jeremy M fikashman0)carmel.in.gov] Sent:Thursday, June 12, 2014 4:33 PM To: Howk, Andrew B. Subject: Stevens Drew, Do you have any updates? Thanks, Jeremy Kashman, PE City Engineer City of Carmel One Civic Square Carmel, IN 46032 317-571-2441 3 Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No.201(Rev.1995) CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee I Purchase Order No. Ilr`1f(n � c� Terms CAC rY r,\ r-q� qW2 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 621 IM\ 15icyclielfD I t DD0. Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5-11-10-1.6. 20 Clerk-Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 )fA4 e IN SUM OF $ 11495 gnr*T�Mnq 1 $ , ON ACCOUNT OF APPROPRIATION FOR Board Members Po#or INVOICE NO. ACCT#!TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except i 2014 Signature - F�' ' 41l Cost distribution ledger classification if Tttl claim paid motor vehicle highway fund