Loading...
HomeMy WebLinkAboutCool Creek Trails - Lancaster, KayF`reialbed by State Board NAccounts ACCOUNTS PAYABLE VOUCHER CAMEL, INDIANA ON Form No. 201 (Rev, 1896) 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 Lancaster Realty LLC Purchase Order No. 19069 Joliet Road Terms Sheridan, IN 9 60 69 Date Due Invoice Dale Invoice number Description (or note attached Invoice(s) or NEC Amount PROJECT: Cool Creek trail PARCEL: 8 �! X B : /J7�d / -j Name K•ncaster Title Single Member Twenty -three Thousand Two Hundred and 00/100 Dollars 323.200.00 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 20 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 To: From: Re: III i B W n It • a 8 :QI a �� =�91 '6° CITY James BRAtNn1t0 MAYOR ADMINISTRATIVE SETTLEMENT MEMORANDUM Stephen C. Engelking Director Department of Administration Allen D. McFearin Associated Right of Way Services, Inc. Request for Administrative Settle Project: Parcel: Cool Creek ment 6 Trail Landowner: Lancaster Realty, LLC EL )ate: January 22 2009 ieCityof e City f Camel made the Uniform Property I Cool Creek Carmel LLC to acquire a portion or Ease Project. T of its property mein Acquisition Offer to amount dethe offer he offer was made certified for a Perpetual easement S. Anderson. The as $23.200.00 by certified mail on October ment for _tual ease 51,100.00 components of the as based upon the s erfo 2008.y ment and com to fifer as follows: need b the negotiations, fence. $22,100.00 for the i. by gotiations Ka in d the offer was low. y Lancaster of Lancaster �d about the terms She also mentioned that Realty, LLC discussed that she Preyed rms of the ease at the pro thynAd, about Theemen • Recentl broker was listed for sale. She Y her bro r an 7ty the condition htah[ i eera of would acqu retthee a °mp a into offer made eva°, t 'basement interest and City would Gain proposal, the but could dl o co willing to 8 agree the fee within 10 mister n at rather • 2009, r In suPP rt Af �f the e �reedf with this procedure. City d d agree to fee psiammlys by February the he to the closin g within make payment 12 settlement we list the following: Q' Ir Gvlc gprAfae'. CA t%RPART.VF_y CARATS :L. T or' E.ceLeer.Rl.�c IN 4603? OFFICE 317.571.2441 Fns 317.571.1939 EMAIL enM1inee,ing$CarnicLin.gm First, the City would be acquiring more complete rights to the area needed for the trail for the same price as for the permanent easement. Secondly, the landowner may decide to proceed with the sale of the property, which would require the City make a new offer to the subsequent owner. An updated appraisal may be required. All will add time to the project. Thirdly, were the City to proceed to file the condemnation case, it is most probable that the landowner may introduce testimony that the land values are in excess of those included in the appraisal. This carries the possibility that the eventual award may be higher than the amount of the administrative settlement. Fourthly. should the City proceed to file the condemnation case, at a minimum the City will incur the costs for the court appointed appraisers and attorney fees, 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 rather than having that determination made at a later point in the condemnation process and the City would obtain a right of entry at this time. It is our recommendation that the City of Carmel approve the terms of the above described administrative settlement. This recommendation is approved. 2 e Gam= Stephen C. Engelking Director ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT Lancaster Realty, LLC, landowner of the property described in Exhibit A and Exhibit B, which are attached hereto and incorporated herein, hereby accepts the administrative settlement of $23,200.00 for the fee simple interest of the real estate described in the above referenced Exhibit A and Exhibit B made by the City of Cannel on this AG a day of January, 2009. Original Offer: $23,200.00 for a permanent easement Administrative Settlement: $23,200.00 for the fee simple interest Lancaster Realty, LLC BY: Kay Lancaster Name Single Member Title NOTARY'S CERTIFICATE STATE OF ) I )SS: r COUNTY OF anti t kv ) Subscribed and sworn to before me this c9644-day of-all/11th Pl/ , 200$1. My commission expires: /i /20/s County of residence: AID ion ELIZABETH A MOON Notary rwc SW" of bilanr Nta.aan Cam My Commission Expires November 30, 2015 ititteit eII'' �.�/ryJ IILCLUe i7 4, 7601) Printed Project: Cool Creek Trail Parcel: 6 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Lancaster Realty, LLC, individually and collectively the "Grantor "), conveys and warrants to the City of Carmel, Indiana ( the "Grantee "), for the sum of Twenty -three Thousand, Two Hundred and 00 /100 Dollars ($23,200.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See attached Exhibit A and Exhibit B, which are attached hereto and incorporated herein subject to any and all easements, agreements, restrictions and other matters of record. It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all real estate herein described (excepting any parcels or portions thereof that are specifically and expressly designated as easements or temporary rights of way) are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the Grantor. The undersigned person executing this warranty deed represents and certifies on behalf of the Grantor that she is the Single Member of the Grantor, that she has full authority to manage the airs of the Grantor and sign and execute documents on behalf of the Grantor, that her authority has not been revoked, that she is, therefore, ftrlly authorized and empowered to convey to the City of Carmel, Indiana, the real estate of the Grantor and to execute all necessary instruments in connection therewith, that the Grantor is a limited liability company in good standing in the State of Indiana, that Grantor has full capacity to convey the real estate described herein, and that all necessary action for the making of this conveyance has been duly taken. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this .244day of' January, 2009. Lancaster Realty. LLC: Title: Single Member NOTARY CERTIFICATION STATE OF INDIANA ) 'II )SS: COUNTY OF t10.1ni ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Kay LQ/lefititr 6i fie. marnbey- of the Grantor, who acknowledged the execution of the foregoing Warranty Deed forYnd on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this alp ht day of -Tan nary 2009. My Commission Expires: IUoV & 0 Sn her a, c2015 County of Residence: Nailli/1 / ] __ ELIZABETH A MOON Hyyygpc, Moe d Yndra He Gnu* MI Cantata Etmeae November 30, 2015 Notary Printed Name This instrument was prepared by Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square, Cannel, Indiana 46032 Send tax bills to: One Civic Square, Cannel, IN 46032 After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Cannel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Douglas C. Haney ode( &31464v1