HomeMy WebLinkAbout234541 07/08/14 CITY OF CARMEL, INDIANA VENDOR: 368377
ONE CIVIC SQUARE HOSPITALITY PROPERTIES TRUST CHECK AMOUNT: $*****6,000.00*
CARMEL, INDIANA 46032 TWO NEWTON PLACE CHECK NUMBER: 234541
biioN�O 255 WASHINGTON STREET SUITE 300 CHECK DATE: 07/08/14
NEWTON MA 02458
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
212 4462865 6,000.00 ILLINOIS STREET
t *
F
EL
JAMES BRAINARD, MAYOR
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
DATE: December 10;2012
Hospitality Properties Trust PROJECT: Illinois Street Extension
successor by merger to Project No.10-10
Hospitality Properties, Inc. PARCEL: 11, 11A,and 11B
John G:Murray TEMPORARY EASEMENTS: 0.034 Acre
President
Two Newton Place
255 Washington Street
Suite 300
Newton, MA 02458
Hospitality Properties Trust
successor by merger to
Hospitality Properties, Inc. .
c/o Corporation Service Company
251 East Ohio Street
Indianapolis, IN 46204
The CITY OF CARMEL, INDIANA is authorized by.Indiana law to obtain an easement across
your property for certain public purposes.
The City of Carmel needs an easement across your property for a public improvement entitled
Illinois Street Extension Project No. 10-10 and needs to take the easement as described on the
attached legal description.
See Exhibit A(11),Exhibit A(11A),Exhibit A(11B), and Exhibit B
It is our opinion that the fair market .value of the easement we want to acquire from you is
$4,600.00 and,therefore, we offer you$4,600.00 for the above-described easement. You have thirty
(30) days from this date to accept or-reject this offer. If you accept this offer, you may expect
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARIvIEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@carmel.in.gov
payment in full within ninety (90) days after signing the documents accepting this offer and .
executing the appropriate instruments, and provided there are no difficulties in clearing liens or
other problems with title to land. Possession will be required thirty (30).days after you have
received your payment in full.
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
1. By law,the City of Carmel is required to make a good faith effort to purchase an easement across your property.
2. You do.not have to accept this offer and the City of Carmel is not required to agree to your demands.
3. However,if you do not accept this offer,and we cannot come to an agreement on the acquisition of an
easement,the City of Carmel has the right to file suit to condemn and acquire an easement in the county in
which the real estate is located.
4. You have the right to seek advice of an attorney,real estate appraiser,or any other person of your choice
on this matter.
5. You may object to the public purpose and necessity of this project.
6. If the City of Carmel files a suit to condemn and acquire an easement,and the court grants
its request to condemn,the court will"then appoint three appraisers who will make an independent appraisal
of the easement to be acquired.
7. If we both agree with the court appraisers'report,then the matter is settled.However, if either of us
disagrees with the appraisers'report to the court, either of us has the right to ask for a trial to decide
What should be paid to you for the easement condemned.
8. If the court appraisers'report is not accepted by either of us,then the City of Carmel has the legal
option of depositing the amount of the court appraisers'evaluation with the court.And if such a deposit is
made with the court,the City of Carmel is legally entitled to immediate possession of the easement. You
may, subject to the approval of the court, make withdrawals from the amount deposited with the court.
Your withdrawal will in no way affect the proceedings of your case in court, except that,if final judgment
awarded is less than the withdrawal you have made from the amount deposited,you will be required to pay
back to the court the amount of the withdrawal in excess of the amount of the final judgment.
9. The trial will decide the full amount of damages you'are to receive. Both of us will be entitled to present
legal evidence supporting our opinions of the value of the property or easement. The court's decision may be
more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time
or at any time during the course of the proceeding described in this notice.
10. If you have any questions concerning this matter,you may contact Associated Right of Way Services at
1311 N.Arlington Avenue,Suite 209,Indianapolis,Indiana,46219,or telephone 322-0489.
This offer was made to the owner,Hospitality Properties Trust, successor by merger to Hospitality Properties,
Inc. of Middlesex County, Massachusetts,.on the day of ,2012.
BY: /C17
Allen'TD. McFearin
Acquisition Specialist
Agent, City of Carmel,Indiana
Offer_ made by certified mail: 7008 1830 0.002 6834 6262(Murray)
7008 1830 0002 6834 6255 (CSC)
1 '
If you decide to accept this offer of$4,600.00,sign your name,below and mail this form to the address indicated
above. An additional copy of this offer has been provided for your file.
ACCEPTANCE OF OFFER
Hospitality Properties Trust, a Maryland real estate investment trust, successor by merger to Hospitality
Properties, landowner of the above-described property or interest in property,hereby accepts the offer of
$4,600.00 made by the City of Carmel on this day of ,.2012.
Signature
Printed
Title
NOTARY'S CERTIFICATE
STATE OF )
)SS:
COUNTY OF )
Subscribed and sworn to before me this day of 92012
My commission expires:
County of residence:
Signature
Printed
EXHIBIT «A»
Sheet 1 of l
Project: 10-10
Parcel: 11 Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-036.004-018
A part of the Northwest Quarter of Section 11,Township 17 North, Range 3 East,
Hamilton County,Indiana, described as follows: Commencing at the Southeast comer of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
1� seconds West 1,436.77 feet to the prolonged west line of the grantor's land, said line being
North 89 degrees 03 minutes 13 seconds East 1,250.0.7 feet from the Southwest corner of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds.East 329 .77
feet to the south line of the grantor's land;thence continuing along said west line North 00
degrees 05 minutes 07 seconds East 301.46 feet to the point of beginning of this description;
thence continuing.along said west line North 00 degrees 05.minutes 07 seconds East 15.19 feet to
the south boundary of 103'd Street; thence along said south boundary North 89 degrees 03
minutes 13 seconds East 35.00 feet;thence South 00 degrees 05 minutes 07 seconds West 15.14
feet;thence South 88 degrees 57 minutes 50 seconds West 35.00 feet to the point of beginning
and containing 0.012 acres,more-or less.
\tt ;t,n,urrrr�r�
This description was prepared for the City of Carmel, Indiana by ;` p��.�• J. C�p,�'�
STERE`''
Timothy J. Coomes, Indiana Registered Land Surveyor,License Number = * 20G00004
STATE OF
20600004, on the 2g' day of June , 2012. =; �No ASUO
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............ ..... . .:........... . .. ..... . ...... ......... .... . .. ... ...... ....
EXHIBIT 66A99
Sheet 1 of 1
Project: 10-10
Parcel: I IA Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-036.003-018
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436.77.feet to the prolonged west line of the grantor's land, said line being
North 89 degrees 03 minutes 13 seconds East 1,250.07 feet from the Southwest corner of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds East 329:77
feet to the south line of the grantor's land;thence continuing along said west fine North 00
degrees 05 minutes 07 seconds East 316.66 feet to the south boundary of 103rd Street;thence
along said south boundary North 89 degrees.03 minutes 13 seconds East 35.00 feet to the point
of beginning of this description;thence continuing along said south boundary North 89 degrees
03 minutes 13 seconds East 16.25 feet;thence South 00 degrees 05 minutes 10 seconds West..
15.11 feet;thence South 88 degrees 57 minutes 50 seconds West 16.25 feet;thence North 00
degrees 05 minutes 07 seconds East 15.14 feet to the point of beginning and containing 0.006
acres,more or less.
This description was prepared for the City of Carmel, Indiana by ..00.
.•��Gti STE,Q�pC�
Timothy J. Coomes,Indiana Registered Land Surveyor;License Number = * :20600004. * _
Qj • STATE OF
20600004,on the Z8 day of �U�J� ,2012 �'-•. NaI qN�:••'�,�
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............ ................ ........................................................... ............. ..................................................... .. ....
EXHIBIT "A"
Sheet 1 of 1
Project: 10-10
Parcel: I IB Temporary R/W for Drive Construction
3-11-000-035.001-018
Key Co.: 29-1
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,
Hamilton County,Indiana, described as follows: Commencing at the Southeast corner of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436.7.7 feet to.the prolonged west line of the grantor's land, said line being
North 89 degrees 03.minutes 13 seconds East 1,250.07 feet from the Southwest corner of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds East 329.77
feet to the south line of the grantor's land;thence continuing along said west line North 0.0
degrees 05 minutes 07 seconds East-3 16.66 feet to the south boundary of 103rd Street;thence
along said south boundary North 89 degrees 03 minutes 13 seconds East 51.25 feet to the point
of beginning of this description;thence continuing along said south boundary North 89 degrees
03 minutes 13 seconds East 46.58 feet;thence South 04 degrees 17 minutes 52 seconds West
15.10 feet;thence South 88 degrees 57 minutes 50 seconds West 45.47 feet; thence North 00
degrees 05 minutes 10 seconds East 15.11 feet to the point of beginning and containing 0.016
acres, more or less.
or the City of Carmel, Indiana by
This description was prepared fp� .•••••••••.�p �%
.t,
Timothy J. Coomes, Indiana.Registered Land Surveyor,License Number
:20600004':
* _
Q�jf`' 2012• = STATE OF
20600004, on the day of JOIX < ,N aP.•-
9 ' D,A.• .y�
EXHIBIT "B" SHEET 1 OF 1
RIGHT-OF-WAY PARCEL PLAT
Prepared for The City of Carmel, Indiana D 50100 200
by United Consulting (Job No. 117408)
SCALE: i°= 206
551 P.C. 41+81.93 'PP, S-1 K CURVE DATA:
P.I. 421-79.22 'PR S-1-K'
P.0.T 39+33.57 `PR S-1-K" A= 35'50'04" Lt. P.T. 43+70:08 'PR S_=1-K"=f Q
550 R= 300.00' P.0.T. 43+70.08 "S-1-K" ✓J
T= 97.29'
L= 188..15'
P.O.T 39+17.35 `S-1-K" E= 15.38' P.0.T. 45+00.00 `PR S-1-K"-553
515 P.O.T. 45+00.00 `S-1-K
S
P.O.T. 47+50.00 'S-1-K"53159
SSos
_ F 1.6.25' 30.00 5 .33' 30.00'
35.00' 103RD ST.
LINE `S-1—K' uAPP. fX R Yl� 70.17'
I
—"KI-33"PIPELINE EASEMENT
TEMP. RIN
in I Ln RES. A Ln
0 0 0
Q6 I 0 KEY NO.: 29-13=11-000-035.001-018 co
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- KEY X10.: 29-13-11-000-036.004-018 l U77LITY&ACCE55 EASOWNT
KEY IVO.: 29-13-11-000-036.003-018 Io Y/kTER MAIN EASEMENT
Y 621.50'
35.00'
16.25'
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757.70
LEASEHOLD IN FAVOR OF. HMH HPT COURTYARD, INC.
OWNER HOSPITALITY PROPERTIES, INC. DRAWN BY: K.I. CARR 6-28-12
PARCEL : 11 CHECKED BY. T.J. COOMES 6-29-12
CODE DES. NO.
PROJECT : -10-10
ROAD ILLINOIS ST. INSTRUMENT NO. 9509461, DATED 3=15-1995
COUNTY HAMILTON HATCHED AREA.IS THE
SECTION 11 APPROXIMATE TAKING
TOWNSHIP : 17N.
RANGE .3E.
Dimensions shown are from the obove.listed Record Documents.
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DEPARTMENT OF ENGINEERING
ONTE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 F_nx 317.571.2439
EMAIL engineering®carmel.in.gov
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Ps Form 3811,February 2004 Domestic Return Receipt to2s's5 02 M-ys4o.:
DEPARTMENT OF ENGINEERING
2 OFFicE 317.571.2441 FAX 317.571.2439
ONE CIVIC SQUARE, CARMEL, IN 4603
EMAIL engineering®carmel.in.gov
Associated Services Inc.
December 10, 2012
Hospitality'Properties Trust
successor by merger to
Hospitality Properties, Inc.
John G. Murray
President
Two Newton Place
255 Washington Street
Suite 300
Newton, MA 02458
Hospitality Properties Trust
successor by merger to
Hospitality Properties, Inc.
c/o Corporation.Service Company
251 EastOhio Street
Indianapolis, IN 46204-
RE.
6204RE: . Project: Illinois Street Extension
Parcel: 11, i IA.and i 1 B
Owner: Hospitality properties Trust
Dear Landowner:
The City of Carmel (the "City) has developed`plans for a public .street improvement project
entitled the Illinois Street Extension,Project No. 10-10.
Y The project consists 6f the-road'reconstruction of.Illinois.Street from Spring Mill Road to just
north of.106!"°
Street. Included in this project will be the construction of new roundabouts at the
i Spring intersection of S rin Mill Road and Illinois Street and at the intersection of 106"' Street and..
..Illinois Street. The.existing.roundabout at the intersection of Illinois Street and 1.03`d Street will
be.removed and replaced with a standard"T" intersection. The northern portion of Illinois Street
approaching 106`1' Street will be re-aligned to the west to align with a construction..project
presently in progress north of 106"' Street.- The portion of the roadway between Spring.Mill Road
and the re-aligned Illinois Street will be milled and overlayed.
As part of the project, road closures .will be required. At this time, they are anticipated to last
between thirty(30)and(60)days.
in order to construct this public improvement, it will be necessary for the City to acquire a portion
of property of Hospitality Properties Trust:
There are three proposed temporary easement acquisitions, identified as parcels 11,11 A,and
1 1 B. Together they contain 0,034 acres and together they are nearly rectangular in shape and are
located along a portion of the 103`d Street frontage. Parcel'11 contains 0:012 acres. Parcel 11 A,
contains 0.006 acres. Parcel I I B contains 0.016 acres. These temporaryeaseinent.acquisition
parcels are colored green on the attached plan sheet and are for driveway construction. Land
improvements within these acquisition areas include asphalt pavement, curbing, landscaping and
trees. According to the project engineer,any land:improvements that might be disturbed will be
6919 East 10'x'street Suite E-2 * Indianapolis Indiana 46219 * (317).'2�-0439 FAX: (317)322-0589*
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repaired/replaced as part of the construction. Each of these temporary easement acquisition
parcels appears to be subject to a leasehold interest, which may require a release or consent. The
legal descriptions for these are included as Parcels I 1 C, 1 I D,and I 1 E.
The City is making one Uniform Property or Easement Acquisition Offer (the "Uniform Offer")
to all parties of interest in the property.
The landowner will remain responsible for all taxes and assessments.
The City's Uniform Offer for the proposed temporary easement acquisition of 0.034 acres is
$4,600.00.-The method of calculating this amount is found on page 13 of the appraisal.
The Uniform Offer explains that you have Thirty(30)days from receipt of the Uniform Offer to
accept or reject it. Page.2 of the Uniform Offer contains a brief Summary of Your Options and
Legally Protected Rights. You may accept the Uniform Offer now or at anytime during the thirty
(30)day period. This Uniform is supported by the Appraisal Report and the Statement of the
Basis for.Just Compensation, which are being provided to you. Ifthere is a difference of opinion
as to the value established,you may,at your own expense, secure a private appraisal,which may
be submitted to the City for review and possible consideration.
The offer is being made to Hospitality Properties Trust. Provided are the following items:
Uniform Property or Easement Acquisition Offer
Statement of the Basis of Just Compensation
Appraisal Report
Acceptance of Offer
Temporary Easement Agreement
W-9 Form
Claim Form
Right of Entry
Plat and Legal Description
Plan Sheet
Should you have any questions regarding this proposed project or the City's offer,or would like
to schedule an appointment, please contact me at 317-322-0489 or through my email.address:
amcfearin@arows.biz.
Sincerely,
Allen D. McFearin
Agent
A94-110py
NOT Faa REcoaDIfJG
Cross Reference to Prior Deed-of Record: Warranty Deed, Instrument Number 9509461 and
,Affidavit to Any Fact, Instrument Number 20100025881, in the Office of the Recorder of
Hamilton County, Indiana
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (this "Agreement") is made and entered into this
day of May, 2014 by and between Hospitality Properties Trust, a Maryland real estate
investment trust, successor by merger to Hospitality Properties, Inc., ("Grantor") and the City of
Carmel,Indiana("Grantee").
RECITALS
A. Grantor owns certain real property (the "Grantor's Parcel") located in Hamilton County,
Indiana,more particularly described as follows:
See Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's public improvement project entitled Illinois Street
Extension Project No. 10-10 (the "Project"), requires a temporary easement for the duration of
the Project for purposes of constructing that portion of the Project located upon and/or adjacent
to the Grantor's Parcel. Such temporary easement area (herein referred to as the "Temporary
Easement Parcel")is more particularly described as follows:
See Exhibit A(11),Exhibit A(11A), Exhibit A(11B)and Exhibit B which are attached hereto
and incorporated herein.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grant of easement and the mutual promises and
covenants set forth herein,the parties hereto agree as follows:
1. Temporary Rihg is Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement
Parcel for all purposes related to the construction of the Project, including,but not limited to, the
storing of equipment-and the staging of the construction of the Project. Grantee shall not cause
damage or disturbance to the Grantor's Parcel, except for the normal and reasonable construction
disturbance on the Temporary Easement Parcel associated with the Project. Upon the earlier of
the date of final completion of the Project or three(3)years from the date hereof, such temporary
easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in a
condition that is equal to or better than its condition prior to the date of this Agreement,except as
reasonably modified by the Project.
2. Rights Retained by Grantor. Grantor shall retain unto himself, and his grantees,
heirs, successors and assigns, and all others to whom Grantor may grant rights or easements,the
right to use the Temporary Easement Parcel for any and all purposes and uses not inconsistent
with the foregoing easement acquisition by Grantee, including without limitation the right to
COP yr
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install,use,maintain,repair and replace existing driveways and curbing not removed by Grantee
as part of the Project, as well as the right of access over and across the Temporary Easement
Parcel to and from public streets adjacent to the Temporary Easement Parcel via Grantor's
existing driveway or any future driveway.
3. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with all the benefits thereof, shall run with the Grantor's Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easement granted, created and
made herein,together with the burdens thereof, shall run with and bind the Grantor's Parcel,and
shall bind Grantor and his grantees,successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Grantor's Parcel and the Temporary Easement
Parcel, as applicable, shall run with the Grantor's Parcel and the Temporary Easement Parcel,
and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and
their respective grantees, successors and assigns.
4. Indemnification. Grantee shall indemnify, defend and save Grantor harmless
from any all liability, loss, damage, cost, obligation and expense which arises out of or results
i from any negligent act, whether of commission or omission, of Grantee, its agents, employees,
contractors, subcontractors, licensees or others claiming by,through or under Grantee,occurring
in or about the Temporary Easement Parcel whether in the exercise of Grantee's rights hereunder
i or in breach or excess thereof.
i
5. Governing_Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Indiana,except for its conflict of laws provisions,
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR GRANTEE
HOSPITALITY PROPERTIES TRUST CITY OF CARMEL,INDIANA
By: By:
i
za-
Printg--
John G.Murray Printed:
Title: President and Chief Operative Officer Title:
832365v1
2
copf
NoT FoR {�cCoRDrn!(r
COMMONWEALTH OF MASSACHUSETTS )
SS:
COUNTY OF MIDDLESEX )
Before me, aotary Public in and for said County and Commonwealth, personally
appeared r;l t 1:,. C t ► uv 11 6,i 9s of the Grantor, and who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement.
�l
Witness my hand and Notarial Seal this �� 1 day of 2014.
My commission expires: T 1 )ia
!Igotary Public
I am a resident of County,Massachusetts
ry
Printed Name
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
, the of the Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this day of ,2014.
My commission expires:
Notary Public
I am a resident of County, Indiana
Printed Name
832365v1
3
This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square,
Carmel,Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document,unless it is required by law. Douglas C.Haney
832365v1
4
is
Exhibits to Temporary Easement Agreement
Exhibit 1
Part of the Northwest Quarter of Section 11,Townshin 17 North,Eange 3 Past;Haim'Iton
County,Indiana, described•as fellows:
Cominencing at the Southeast comer of:aid Northwest Quarter, thence South 89'06'10"
West (asswned- bearing) 757.76 feet (762.32 feet, deed) along the south line of said
Northwest Quarter to the westerly limited access right-of-way line of U.S_Highway 3L,as
comeyed to State of Indiana by Warranty Deed recorded inDeed Record 207,Page 249 irk
the Office of the Recorder ofHamiton County,Indiana;thence along said sight of-way line
North 00*69'35"Sast 124.05feet(124.41feot,deed) to the point ofcuryature ofatangent '
curve;thence continuing along said right-of-way line northerly 205,99 feat along an arc to
the Ieft dnd having a radius of 171787.34 feet and subtended by a long chord having a
bearing of North 00'06'31"Past and alength of 205.99 cat and the point of beginning of
this description; thanca continuing along said righ"f-way line northerly 266.05 feet along
.an arc to ib--left and having a radius of,171787.34 fit and subtended by a,long chord
having a bearing oENorth 00'Ol'48'Fast and a length of 266X4 feet to as angle point in
said right of-way line and southernmost comer of real estate conveyed to the State of
Indiana by Warranty Deed recorded.in Deed Record 252,Pages 158-159 in said Office of
the Recorder, thence along said rigbt of--way Ilne North 45'27 48'West 70.Vfe4(70.00
feck deed) to the southerly right-of-way line of West 103rd Strcet,per dedication thereof
recorded in Udeellarienus Record 127,page 182 in said Office of rho Recorder, thence
North 00153'50"West 30,005et to(ha centerIIne oEsaid West 103rd Street as established
by said dedication,as being n Linc parallel with the south line ofsaid Northwest Quarter and
676.10feet north of,as measured on the r,entedine of said U.S.13ighway 31 from said south '
line;thence South 89'OE W"West on said centerline and measured-parallel with said south
line 570.33 feet to a point 720.80 feet South 89'06'10'West of the aentefllne of said U.S,
Sighway 31;thence South 00'08'07"West 30.00 feet to the southerly right-of-way of said
West 103rd Street; thence continuing South 00"08'07"West 316;0.5 feet;thence North 89"
06'10"Bast 621.50 feet parallel to'said south I'm to this point of beginning and containing
4.871 acres,more or less;plus
Part of the Northwest Quarter of Section Il,Township 17 Norlb.Range Sliest,Hamiltan
County,Indlana, described as follows:
Commencing at the Southeast comer of said Northwest Quarter; thence South'89'06'10"
West (assumed bearing) 757.75 feat (762.32 feet, steed) along the south line of said
Northwest Quarter to the westerly limited:-cors•tight-of-way lino of U.S.Hlghway 31;as
conveyed to theate Stof Ind"lana by Warranty Dtzd recorded in Deed Record 207,Paga
249,In the Office of the Recorder ofHamilron County,Indfaita; thence along said right-af.
way line North 00'08'35"F�t 124.05 feet(124.41 feet, deed) to the point of curvatura of
a tangent curve;thence contiaulag along said right-of--way line northerly 205.99 feet along
an aro to.the left and having a radius of 171757.34 fbet and subtcad6d by a long chord
having abearing ofNoith DD'•06'31"Fast and alength of205,99fWt;thence South 89'06
10"West 625.50 fe9t parallel to the south line of said Northwest Quarter•to the west line
of pmpatty described in]Boole 287,Page 333,in the Office of the Recorder of Hamilton
County,and the point ofbeghming of this dcs riplinn; tbA.me continuing South 89'06710",
West 16,25feet;'thenoe Norih 00'08107"F_rtst 346.051eet parallel to said west line;thence
North 89°O610"Fast 16.25 fret to the Northwest comer ofproperty described in sold]look
287,Page 833;thence South 00'08'07'West 346.05 feet along said west line to tho point
of beguraing;plus
Part•of the West half of,Section 11,Township 17 North,Range 3 East in Hamilton County,
Indiana,being more particularly described as fellows:
Comme-noing•at the Northwest comer of the, Northwest Quarter of said Section 11,
Township 17 North,Range 3 Bast,thence North 89'12'45"rest(assumed brazing) along
the,north Iioe of said Northwest Quarter a distance of 1703.15 feet, thcnee South 00'47'
15"Past a distance of 16.5o feet to the southwesterly right ef--way line of U S.Highway 31
as per plans for LSJL C:Project No,St:1~222(9)dated 1973,thence South 79'3 8'19"past,
along said sightrot--wayllne a distance,of fee to a curve having a radius of 22773.31
feet,tate radius point of which bears North 89'48'13*West; thence southerly along said
curve and west rightoliway line,of V.S.Highway 31 a distance of 771-69 feet to a point
which bears South 87'51'40"Fast from said radius point; lhedce South 02`OS'20°West
along said rigbt-of-way line a tlistance cf 656_61 feat to a curve having a-radius of 23063.31
feet,the radius point of which bears South 67'51'40"Salt, thence southerly along said
curve and west rigbtof-way Ilse a distance of 49151 feet to the north line ofa tract of land
conveyed to the Pilgrim.Lutheran Church of Indianapolis, 7acm7crated, -recorded April 15,
1976,per Corporate warraaty Deed in Deed Book 287,Pages 832 and 833 in the Office of
the Recorder of Hamilton County,Indiana,'(said pout being North 89'04'56"West from
stud radios point); thence $qulh 89'06'l0"West along the sold north Ilea a distance of
577.98 feet to the beginning point;thence South 89'05,10"West a distance of 35.00 fcet;
thence South 001.081 07",v&# n distance of 346.05 feet; thence North 89'06' 10"Fist,
parallel with the south line of the Northwest Quarter of said Section I L,a distance of 35.00
feet, thence Norih 00'08'07"Fast a distance of 346.05 feet to the beginning point,
Said tract of land comprised ofland eonveyed to Marriott Corporation byPllgumLutherari
Church of Indianapolis, Inc.by Corporate Warranty Deed dated September 25,1987 as
recorded October 1, 1987 as Instrument !8743837; and Iand conveyed to Marriott
Corporacion by Meridian 465 Associates,Lid.by Warranty Dead dated January 16,19EP as
recorded' fanuary 20,1989 as Instrumeat No. 8901448; and land conveyed to Marriott
Corporation by Meridian 465 Associates,Ltd,by Warranty Deed dated Manch 29,1989 as
recorded April 19,1989 as Instraine".3907799 alt in the Recorder's Office of Hamilton
County,Indiana.
LPSS AND nCEPT TFCR Om '
Part ofthe:Notihwest Quarter of Section 11,Township 1713orth,Range 3Past,3n Hamilton
County,Indiana, drscribed as fellows:
Commencing at the Southeast cancer of said NortInvest Quarter Section, thenec South 89"
55'49"West 757.24feet along the south line thereof to a point an the west boundary Df V.S,
Blzg way 31;theme Warth OD'00'25"West 174.41 feet along said west boundary to a point;
thence northerly 21arig said boundary 205.99 feet along the arc of a cirve to the loft and
having a radius of 171,787.34feet and subtended by a Iong chord having a bearing dMorth
00'02'29"West and alength of 205-99 feet to the point of begiridng of this description;
thence South 89'S5'49"Wast 35.00 feet to a point, chance North 00'07'22"West 300.35.
feet•to,a point;thence South 45'40'15"Past 49.03 feet to a pobtt on said west boundary
ofILS.Erighway 31;the6'southerly along sald west boundary 266.%feet along the-arc of
a curve to the right and having a radius of 171,787.34feat and.subtended by a long chord
!raving•a bearing of South 00'07'22"Fast and a length of 256-04 feet to the point of
beginning; and
Part ofthe'Narthwest Quarter ofScctica 11,Township I7NariS,Range 3But,in Hamilton
County,Indiana, described as follows:
Commencing at the Southeast•cumer•of said Northwest Quarter Section,thence South 89'
5.5149"West 757.24 feet along the south line thereof to a point an the west boundary of-U.S.
Highway 31;thence North 00'00'25"West I24.411eat along said west boundary to a point;
thence northerly albng said boundary 205.99 feet along the arc of a onrve tD the left and
having a radius of 171;787.341eet and subtended by a long chord having a bearing ofNorth
.D0'02'29"West and a Iength oF205.991eet to apoint;!hence South 89"55'49"West 35.00
feet to tha point of beginning of this description; thence continning South 89'55'49"West
29.88 fe^.t to a point which is 145.00 feet west of the'centerlinr of;U-S.Highway 31;thence
North 00"02'29"West 42,23 feet•to a paint;thence noiihedy 271.79 feet along the•arc of
a curve'to•the right and having a radius of 23,063.34feet and subtended by a Iong chard
having a bearing of Narth 00"19'S9"Fast and a length of 272,79 feat to it point on the
south line of West 103rd Street; thence North 89'S4'S1"Fast M68 feet glong said south
line.to a point;thence South 45'40'15"tet 2097 feet to a point;thence South 00'07122"
East 300.35 feet to the point of beginning,and containing M206acre's;more or Iem
Said tract of land eompuied of land conveyed to Browning Investments;Inc,by Marriott
Corporation by Warranty bead dazed March 29,1999 as recorded
as Instrument-No. and Iand•conveyed to the State of Indiana by Marriott
Corporation by Wnrnanty Deed dated April 18,1989 as recorded
as Instrument No. both in the Recardees OFFce of Hamilton
County,Indiana.
E1f.AZ IT LCA"
Sheet 1 of 1
Project: 10-10'
Parcel: 11 Temporary R/W for Drive Construction
Key.Co_: 29-13-11-000-036.004-018
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,
Hamilton County,lndiana, described as follows: Commencing at the Southeast comer of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436.77 feet to the prolonged west line of the grantor's land,said line being
North 89 degrees 03 minutes 13 seconds East 1,250.07 feet from the Southwest corner of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds East 329.77
feet-to the south line of the grantor's land;thence continuing along said west lineNorth 00
degrees 05 minutes 07 seconds East 301.46 feet to the point of beginning.of this description; .
thence continuing along said west line North 00 degrees 05 minutes 07 seconds East•15.19 feet to
the south boundary of 103rd Street;thence along said south boundary North 89 degrees 03
minutes 13 seconds East 35:00 feet;thence South 00 degrees 05 minutes 07 seconds West 15.14
feet;thence South 88 degrees 57 minutes 50 seconds West 35.00 feet to the point of begm=g
and containing 0.012 acres,more or less.
l``\s���ururrrrl�r�l, '
This description was prepared for the City of Carmel,Indiana by �,.�` 00
`Q)¢ STeR� �j�
.s
Timothy J.Coomes.hidiana Registered Land Surveyor,License Number ` * 20600004:
STATE of
20600004,on the 2� day of �/Un6 ,2012. iv '
i n -y0
D F,
'`filo
Sheet 1 of 1
Project: 10-10.
Parcel: 11A Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-036.003-018
A part of the Northwest Quarter of Section 11,Township 17 North,Range.3 East,
Hamilton County,Indiana,described as follows: Commencing at the S outheast corner of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436.77 feet to the prolonged west line of the grantor's land,said line being
.North 89 degrees 03 minutes 13 sec onds-East'1,250.07 feet from the Southwest comer of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds East 329.77
feet to the south line of the grantor's land;thence continuing along said west line North 00
degrees 05 minutes 07 seconds East 316.66 feet to•the south boundary of 103 Street;thence
along said south boundary North.89 degrees 03 minutes 13 seconds East 35.00 feet to the point
of beginning of this description;thence'continuing along said south boundary North 89 degrees
03 minutes•13 seconds East 16.25 feet;thence South 00 degrees 05 minutes 10 seconds West _
15.11 feet;thence South 88 degrees 57 minutes 50 seconds West 16.25 feet;theaceNorth 00
degrees 05 minutes 07 seconds East 15.14 feet to the point of beginning and containing 0.006
acres,more or less.
This description was prepared for,the City of Carmel,Indiana by �` p��� J. • C
Timothy J.Coomes,Indiana Registered Land Surveyor,License Number041
20600004, on the 2g day of ulb46 2012� srnrc of. �.
• �'''9�C SUR�����°\�
EBIT uA»
Sheet 1 of 1
Project: 10-10
Parcel; IIB Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-035.001-018
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,
Hamilton County,Indiana,described as follows: Commencing at the Southeast corner of said
quarter section;.thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436.77 feet to the prolonged west line of the grantor's land,said line being
North 89 degrees 03 minutes 13 seomids East 1250.07 feet from the Southwest corner of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds East 329.77
feet to the south line of the grantor's land;thence continuing along said west line North 00
degrees 05 minutes 07 seconds East 316.66 feet to the south boundary of 103`d Street;thence
along said south boundary North 89 degrees 03 minutes,13 seconds East 51.25 feet to the point
of beginning of this description; thence continuing along said south boundaiyNorth 89 degrees
03 minutes 13 seconds East 46.58 feet;thence South 04 degrees 17 minutes 52 seconds West
15.10 feet;thence South 88 degrees 57 minutes 50 seconds West 45.47 feet; thence North 00
degrees 05 minutes 10 seconds East 15.11 feet to the point of beginning and containing 0.016.
acres,more or less.
This description was prepared for the City of Carmel,Indiana by • ;.�`���p��` .�� ''%
Timothy J. Coomes,Indiana Registered Land Surveyor,License Number 20600004: _
STATE OF
20600004,on the day of ,2012, 'N
DIA
q ''••..:. y0:
%y0 SUR` `\,``,
EXHIBIT (V SHED 1 OF 1
RIGHT-OF-WAY PARCEL PLAT.
Prepared for The City of Carmel, Indiana o so 100 200
by United Consulting (Job No. 11-408)
SCALE-1"= 20d
551 PC. 41+81.93 'PR S-14" CURVE DATA:
P.I. 42+79.22 PR 5-1—K"
P.D.T. 39+33.57 "PR S-14' A= 3556'04"LL P.T, 43+70.08 'PR S—l—K"=55�
550 R=300 00' P.O.T. 43+70.08 "S
T-- 97.29' -14'
L-= 188,15' P.0•T. 45+00.00 'PR S-1-K"=55 J
515 P.O.T. 39+17.35 '.$-1-K" E= 15.38'
P.0.T. 45+00.00 S-1-K"
S P.a T. 47+50.00 'S-1-K 5315
ss.
0),
S2' 16.25 30.00' 5 .33' 30,00'
35.0 Y r,l 103RD Sr.
taFP.Ex.R 70.17'
UNE 'S—I—K" —
T3.RPM&T ROW
r STEM . Rl"w
0 0 l 1-U-) RES'A o
rD co KEY NO.: 29-13-11-000-035.001-018
A I
KEY NO.: 29-13-11-000-036.004-018 UMITY&ACCESS EISOAOVf
KEY NO.: 29-13-11-000-036.003-018 ` 10WATM M E+sFusvr
35.00' 621.50'
16.25 a,
LO
o
N
4
0
N �]
10 11 f I
10 11 l l
757.76'
LEASE HOLD IN FAVOR OF; HMH HPT COURTYARD, INC.
OWNER HOSPITALITY PROPERTIES, INC. DRAWN BY: K.I. CARR 6-28-12
PARCEL . 11 CHECKED-BY: T.J. COOMES 6-29-12
CODE DES. NO. ;
PROJECT 10-10
ROAD- ILLINOIS ST. INSTRUMENT N0. 9509461, DATED 3-15-1995
COUNTY HAMILTON HATCHED AREA IS THE
SECTION 11 APPROXIMATE TAKING
TOWNSHIP : 17N.
RANGE 3E
Dimensions shown are From the above Fisted Record Documents.
F.aegreBD.com FAEG1 E U"11ER USA UK CHINA
CNIELS
David A.Given Faegre Baker Daniels LLP
Partner 300 North Meridian Street.Suite 2700
david.given@FaegreBD.com Indianapolis.Indiana 46204-1750
Direct+1317 2371249 Phone+1317 237 0300
Fax+1327 2371000
May 27,2013
Allen D. McFearin
Associated Right-of-Way Services, Inc.
6919 E. 10th Street, Suite E-2
Indianapolis, IN 46219
Re: City of Carmel Indiana/Hospitality Properties Trust
Dear Allen:
Enclosed please find the following:
1. Acceptance of Administrative Settlement executed by Hospitality Properties Trust;
2. Accounts Payable Voucher executed by Hospitality Properties Trust; and
3. Completed W-9 Form of Hospitality Properties Trust.
As we discussed, I have the Temporary Easement Agreement which has been executed by Hospitality
Properties Trust. I will release the original si ed Temporary Easement Agreement to you in exchange
P � P asY g
for Carmel's check in the amount of Six Thousand Dollars($6,000). Please let me know when the check
is available so that we can close this transaction.
Should you have any questions,please do not hesitate to call.
Si erely,
David A. ven
DAG/sjf
Enclosures
US.54251572.01
Prescribed by State Board of Accounts City Form No.201(Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CARMEL,INDIANA
Ari 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
Hospitality Properties Trust Purchase Order No.
Two Newton Place Terms
255 Washington Street, Suite 300 Date Due
Newton MA 0 458
Invoice Invoice Description
Date number or note attached invoices or bills Amount
PROJECT: Illinois Street Extension Pro ect No. 10-10
Parcel 11, 1A.andlIB
Hosoltalkv Pr erties Trust
BY:
Pri ed: John G. Murray
'
Title President& Chief Oneratina Officer
j Six Thousand and 00/100 Dollars $6,000.00
jI hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services
r
itemized thereon for which charge is made were ordered and received except
f •
I 20
1
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
20Clerk-Treasurer
i
i
I
's<S
ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT
Hospitality Properties Trust,a Maryland real estate investment trust,successor by merger to Hospitality
Properties,Inc.,landowner of the property or interest in property described in Exhibit"A"(1 1),Exhibit"A"
(i l A),Exhibit"A"(11 B),and Exhibit`B",which are incorporated by reference herein,hereby accepts the
administrative settlement of $6,000.00 made by the City of Carmel on this day of ,
2014.
BY: 474,
nature
John G.Murray
Printed
President& Chief Operating Officer
Title
NOTARY'S CERTIFICATE
STATE OF (nassachgSe T*S )
)SS:
COUNTY OF 01 �s )
Subscribed and sworn to before me this day of ,201A V
f
My commission expiresQLA
County of residence: 0)f,,�01 �C �� -
I Sig re
�i��L=1 f� C ro w pec _
Printed `
i
t
i
U BIT "A"
Sheet 1 of 1
Project: 10-10
Parcel: 11 Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-036.004-018
A part of the Northwest Quarter of Section 11,Township 17 North, Range 3 East,
Hamilton County,Indiana,described as follows: Commencing at the Southeast corner of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436.77 feet to the prolonged west line of the grantor's land, said line being
North 89 degrees 03 minutes 13 seconds East 1,250.07 feet from the Southwest corner of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds East 329.77
feet to the south line of the grantor's land;thence continuing along said west line North 00
degrees 05 minutes 07 seconds East 301.46 feet to the point-of beginning of this description;
thence continuing along said west line North 00 degrees 05 minutes 07 seconds East 15.19 feet to
the south boundary of 103rd Street;thence along said south boundary North.89 degrees 03
minutes 13 seconds East 35.00 feet;thence South 00 degrees 05 minutes 07 seconds West 15.14
feet; thence South 88 degrees 57 minutes 50 seconds West 35.00 feet to the point of beginning
and containing 0.012 acres,more-or less.
co,
This description was prepared for the City of Carmel,Indiana byO.�G�sTeR �i7%
Timothy J. Caomes, Indiana Registered Land Surveyor,License Number ^ * :20600004:; "
VUR e STATE OF
20600004, on the ZS day of 2012. !NSUO
o
EXHIBIT "A."
Sheet 1 of 1
Project: 10-10
Parcel: 11A Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-036.003-018
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,
Hamilton County, Indiana,described as follows: Commencing at the Southeast corner of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436 .77 feet to the prolonged west line of the grantor's land, said line being
North 89 degrees 03 minutes 13 seconds East 1,250.07 feet from the Southwest corner of said
quarter section;thence along said west line North 00 degrees 05 minutes 07 seconds East 329.77
feet to the south line of the grantor's land;thence continuing along said west line North 00
degrees 05 minutes 07 seconds East 316.66 feet to the south boundary of 103rd Street;thence
along said south boundary North 89 degrees 03 minutes 13 seconds East 35.00 feet to the point
of beginning of this description;thence continuing along said south boundary North 89 degrees
03 minutes 13 seconds East 16.25 feet;thence South 00 degrees OS minutes 10 seconds West
15.11 feet;thence South 88 degrees 57 minutes 50 seconds West 16.25 feet;thence North 00
degrees 05 minutes 07 seconds East 15.14 feet to the point of beginning and containing 0.006
acres,more or less.
' `,,,111411IIil/ff�f,/
This description was prepared for the City of Carmel, Indiana by p ,.G`STeR,✓O,�'
Timothy J. Coomes,Indiana Registered Land Surveyor,License Number * '20600004' -
STATE OF ZZ
g
20600004, on-the day of 2012.
yo
p 'f�fffllllltlll `
..... ..
.......... ....._..... _............. ._......_...._...........
E IBIT "All
Sheet 1 of 1
Project:. 10-10
Parcel: I IB Temporary R/W for Drive Construction
Key Co.: 29-13-11-000-035.001-018
A part of the Northwest Quarter of Section 11,Township 17 North,Range 3 East,
Hamilton County,Indiana, described as follows: Commencing at the Southeast corner of said
quarter section; thence along the south line of said quarter section South 89 degrees 03 minutes
13 seconds West 1,436.77 feet to the prolonged west line of the grantor's land, said line.being
North 89 degrees 03 minutes.13 seconds East 1,250.07 feet from the Southwest corner of said
quarter section;.thence along said west line North 00 degrees 05 minutes 07 seconds East 329.77
feet to the south line of the grantor's land;thence continuing along said west line North 00
degrees 05-minutes 07 seconds East 316.66 feet to the south boundary of 103 Street;thence
along said south boundary North 89 degrees 03 minutes 13 seconds East 51.25 feet to the point
of beginning of this description;thence continuing along said.south boundary North 89 degrees
03 minutes 13 seconds East 46.58 feet;thence South 04 degrees 17 minutes 52 seconds West
15.10 feet;thence South 88 degrees 57 minutes 50 seconds West 45.47 feet;thence North 00
degrees 05 minutes 10 seconds East 15.11 feet to the point of beginning and containing 0.016
acres,more or less.
r r
This description was prepared for the City o Cannel,Indzana by
Timothy J. Coomes,Indiana Registered Land Surveyor,License Number :2�G0000�
STATE OF
20600004,on the day of 2012 = !No i maP
9,1) SURv����'��
/�rrrrrilillitl����
` . EXHIBIT "B" SHEET I OF 1
RIGHT--OF-WAY PARCEL PLAT
Prepared for The City of Carmel, Indiana o 50 too 200
by United Consulting (Job No. 11-408) SCALE 1"= 200'
P C. 41+81.93 'PR S-1—K" CURVE DATA:
551 ` ' P.I. 42+79.22"PR S-1—K"
P.O.T. 39-X33.57 `PR S-1—K" A= 3,756'04" L1• P.T 43--70.08 PR S-1—K"—552
550 R= 7.29' ' P.O.T. 43+70.08 'S-1—K"�
T= 97.29,
(= 188_15,
P.O.T 45+00.00 "PR-S-7—K" 553
� T. 39T 17.35 'S-1—XE= 15,5,
" �
P.0. 3838''
JL1 P.0,T. 45+00.00
S P.O.T. 47+50.00 `S-1-K"53159
SS.
0�,
16.25' 30,00' 5 .33' 30.00'
35.00' 1030 ST.
LINE "RPP a Rn - 70.17'
' i 331 PlPEUNE EAS&SV
TEMP. R/w
o In I I u7 RES. A �n
1:�I Ic o
KEY NO.: 29-13=11-000-035.001-018
KEY NO.: 29-13-11-000-036.004-018 UTILITY&RCCM EESEUENT
KEY NO.: 2.9—IJ-11-000-06,003-013 Ia'wRrEa INN EaspaElT
35.00 621.50' 0
16..25' c�
sri
0
N
l
4 �n
O
N
10 if /
10 11
757.76`/
LEASE HOLD IN FAVOR OF: HMH NPT COURTYARD, INC.
OWNER : HOSPITAUTY PROPERTIES, INC. DRAWN BY: K.I. CARR 6-28-12 .
PARCEL 11 CHECKED BY: T.J. COOMES 6-29-12
CODE DES. NO,
PROJECT 10-10
ROAD ILLINOIS ST. INSTRUMENT NO. 9509461, DATED 3-15-1995
COUNTY HAMILTON (Tj HATCHED AREA IS THE
SECTION 11 V / / / /I APPROXIMATE TAKING
TOWNSHIP : 17N.
RANGE 3E.
Dimensions shown are from the above listed Record Documents,
Associated Rini i t--o f-Way Services, c.
ADMINISTRATIVE SETTLEMENT MEMORANDUM
To: Stephen C.Engelking
Director
Department of Administration
From: Allen D.McFearm'
Associated Right of Way Services,Inc.
Re: Request for Administrative Settlement
Project: Illinois Street Extension
Parcel: 11, 11A,and 11B
Landowner: Hospitality Properties Trust
The City of Carmel made the U:iiform Property or Easement Acquisition Offer(the"Uniform Offer")to
the Hospitality Properties Trust by certified mail on December 17,2012. The Uniform Offer was made
under the threat of eminent domain. The amount of the Uniform Offer was$4,600.00 for temporary
easements of 0.034 acre. It wasfbased upon an appraisal by Stephen A.Traynor.
The negotiations on behalf of the landowner were conducted by David A Given,the landowner's
attorney. During the negotiatioi is,Mr.Given presented some information reflecting a land value higher
that that used in the appraisal au'd made a counter offer for an additional amount of$1,400.00. The new
total amount of consideration w,)uld be$6,000.00.
In support of the administrative settlement we list the following:
First,were the City to file the condemnation case,Hospitality Properties Trust could introduce its own
appraisals with higher land values. This carnes the possibility that the eventual award may be higher than
the amount of the administrativ6 settlement.
Secondly,should the City proceed in the condemnation case,at a minimum the City will incur the costs
for the court appointed appraisers and other litigation related activities,which costs would-exceed the . . .
amount of the administrative settlement.
Lastly,accepting the administrative settlement would bring a present resolution to the question of the fair
market value of the property rafaer than having that determination made at a later point in the
condemnation process.
Assuming all other.legal review'and approvals are approved,it is our recommendation that the City of
Carmel approve the terms of the above described administrative settlement.
i This recommendation is approved.
Stephen C.Ei gelking
Director
6919 East 10"Street,Suite E-2 * Indianapolis Indiana 46219 * (317)322-0489 * FAX: (317)322-0589
ALA-REV-29
Code N/A
STATEMENT OF THE BASIS FOR JUST COMPENSATION
1. This is a written statement of, and summary of the basis for, the amount established through a valuation process as just
compensation for the purchase of this right-of-way for highway purposes. The amount set forth in Item 5 below is not less than the
approved estimate of value. Public Law 91-646 provides that this value disregards any decrease or increase in fair market value of
the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical
deterioration within reasonable control of the owner.
2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this
acquisition is identified in the Acquiring Agency's recorded as:
Project Illinois Street Extension Parcel 11 Road Illinois Street City/County Carmel/Hamilton
Owner(s) Hospitality Properties Trust
3. The area and type of interest being acquired: 0.034 Acres Temporary for Drive Construction
The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest is
being acquired separately in whole or part,except as may be explained in Item 8 below.
4. This acquisition is(check one) a. ()—A total acquisition of the real property
b. (X)-A partial acquisition of the real property.
5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real
property is as follows:
a. Total Land,Land Improvements and Buildings N/A
b. Severance Damages(i.e.: Setback, Loss in Value to the
Residues,etc. N/A
c Other Damages(Itemize) N/A
Cost-to-Cure Estimate
d Utility Easement/Temporary $4,600
Total Just Compensation offered for this Acquisition is: $4,600
6. The amount in Item 5 may include payment for the purchase of certain buildings and improvements and their ownership shall pass
to the Acquiring Agency. These buildings and improvements are identified as follows:
N/A
7. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment,
Machinery,Signs,Etc.,and their ownership shall pass to the Acquiring Agency. These items are identified as follows:
NIA
8. Items owned by others(i.e.: lessee,tenants, etc.)included in Item 5 above are identified as follows:
9. Remarks:Approved for negotiations
? �
6 , Z�!
Date Sign ure
Form 36551 (Rev.3/96)
Prescribed by State Board of Accounts City Form No.201(Rev.1995)
ACCOUNTS PAYABLE VOUCHER
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
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
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
20Clerk-Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
(-Iospj+alrhy' P-op c�tt
io �r-U=t IN SUM OF $
iwo Newtn� P10.ce
Z s s 1n1 ao Lti r�Arr1 Strut- S k 'C-�3 D O
Newion, MA 0245$
$ tv 000
ON ACCOUNT OF APPROPRIATION FOR
Board Members
Po#or INVOICE NO. ACCT#/TITLE AMOUNT
DEPT.# I hereby certify that the attached invoice(s), or
4 W(P o5o o 0,000°C, 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
ec Z os -o(P - 13-02
-+/i / iy 20
Signature
e�-
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund