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Home My WebLink About235523 07/30/14 CITY OF CARMEL, INDIANA VENDOR: 368346 ONE CIVIC SQUARE YASMIN L STUMP LAW GROUP LP CHECK AMOUNT: $****17,500.00* CARMEL, INDIANA 46032 11495 PENNSYLVANIA ST SUITE 101 CHECK NUMBER: 235523 CARMEL IN 46032 CHECK DATE: 07/30/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 212 4462865 17,500.00 ILLINOIS STREET STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT 1 SS: COUNTY OF HAMILTON ) CAUSE No. 29D01-1304-PL-3846 Alm- CITY OF CARMEL,INDIANA ) Fit atak) Plaintiff, ) Jut VS. ) RKp EDWARD K. STEVENS,KATHLEEN O. STEVENS ) ONSUp �RcoURT Defendants. ) AGREED FINDING AND JUDGMENT The City of Carmel, Indiana and the Defendants, Ed and Kathleen Stevens, concur in the findings set forth below and move the Court that the below judgment be entered in this case: The Court,having examined the record and being duly advised,now FINDS: 1. On April 25, 2013, Carmel brought this condemnation action against Ed and Kathleen Stevens, the Huntington National Bank, and the Clay Township Regional Waste District. 2. On July 1 and July 8, 2013, Ed and Kathleen Stevens submitted objections to Carmel's Complaint. 3. On March 10, 2014, Carmel and the Stevens came to an agreement on the value of the appropriation in this matter, namely, $17,500. Further, that amount is to be paid by Carmel to the Stevens upon the transfer of title of the real estate appropriated from Ed and Kathleen Stevens to Carmel. A true and accurate description of the real estate appropriated is attached as Exhibit 1 (hereinafter,the "Real Estate"). 4. On May 14, 2014, the parties voluntarily dismissed the Clay Township Regional Waste District. i 1 5. On June 12, 2014, the parties voluntarily dismissed the Huntington National Bank after it filed a pleading disclaiming its interest in the Real Estate. 6. Ed and Kathleen Stevens are the only remaining defendants in this matter and hereby withdraw all objections to Carmel's Complaint and all parties that requested a trial by jury now withdraw their requests. IT IS THEREFORE ORDERED,ADJUDGED,AND DECREED by the Court that: (a) the Defendants, Ed and Kathleen Stevens, shall have and recover, as total and just compensation for Carmel's appropriation of the Real Estate in this case and the amount agreed to by the parties as the value of the Real Estate is $17,500; (b) that the Real Estate is hereby APPROPRIATED, and that City of Carmel, Indiana now holds fee simple title thereto, including all immediate rights of possession, to the Real Estate; (c) the mortgage lien and any and all other interests of the Huntington National Bank in the Real Estate are hereby terminated and released; (d) the Clerk of this Court shall promptly send a certified copy of this Agreed Finding and Judgment to the Auditor and Recorder of Hamilton County, Indiana; that the Auditor shall remove the Real Estate from the real property tax records and rolls of Hamilton County, Indiana and cancel all real property taxes payable in 2014 and subsequent years; and (e) the Recorder shall, pursuant to IC 8-23-23-1 and without payment of fee, record the transfer of the Real Estate. 2 AGREED TO AND APPROVED.BY: David B. Honig. A V rney No. 2??47-49 �'a nin Stump Robert A. Hicks, Attorney'o. 13998-49 J. Eric Rochford Andrew B. Houk, Attorney No. 30684-49 YASMIN STV%-1P LA%k-GROUP. P.C. HALL. RENDER. Ian-uAN. HEATH Pennwood Office Park, Suite 101 L`t'NtAN. P.C. 11495 North Pennsylvania Street One American Square Carmel. IN 46032 Suite 2000. Box 82064 Telephone No: (3 17) 705-07707 Indianapolis. Indiana 4628? Artornev ,for Edivard K. Stevens and Telephone No: (317) 633-4884 Kathleen O. Stevens Facsimile No: (317) 633-4878 Attorne s ja,•the C ire ofCcn-mel So ORDERED�fkJ� 2A..2014 Judge. Hamilton Superior Court ``a�tutmU�lypip, VPERlo9 i '� •••.•..........,,•,, G .Distribution to: ."A� r r Y asmin L. Stump s s J. Eric Rochford An'eJ. Lipinski %��'�D,...•..A�• `�°�� hili!p11h1 f I I tut It It►1tt�� }'ASS•tI'\ STUMP LAWGROUP. P.C. Penmvood Office Park. Suite 101 1149; North Pennsylvania Street Carmel. I\ 46032) David B. Honit; Andrew B. Hoak HALL. RENDER. KILLIAN. . HEATH & I.YMAN. P.C. One American Square Suite 2000. Box 8-7064 Indianaipolis. IN 462ti? Recorder of Hamilton County 33 N. 90' Street, Suite 309 Noblesville, IN 46060 Auditor of Hamilton County 33 N. 91h Street, Suite L21 Noblesville, IN 46060 4 EXHIBIT 1 Project: 10-10 .Parcel: 2 Fee Key Co.: 29-13-11-000=028.201-018 A part of the Southwest Quarter of Section 11,Township 17 North,Range 3 East, Hamilton County,Indiana,and being that pail of the grantor's land lying within the right of way lines depicted on the attached Right of Way,Parcel Plat,marked EXHIBIT`B",described as follows: Commencing at the Northwest comer of said quarter section,designated as point"4"on said parcel plat; thence along the north line of said quarter section Norrh'89 degrees 03 minutes 13 seconds East 25.00 feet to east boundary of Spring.Mill Road;thence along said east boundary the following three courses,(1)thence South 60 degrees 00 urimrtes 14 seconds East 415.05 feet;(2)thence South 16•degrees 33 minutes 49 seconds East 104.74 feet;(3)thence i South 00 degrees 00 minutes 14 seconds East 80.76 feet to point"214"designated on said plat, i and the point ofbeginning of Phis description;thence South 23 degrees 38 minutes 00 seconds East 87.32 feet to point"215"designated on said plat,thence North 89 degrees 59 minutes 46 seconds East 30.00 feet to point"216"designated on said plat;thence North 69 degrees 59 minutes 29 seconds East 76.67 feet;thence South 00 degrees 00 minutes 14 seconds East 14.27 feet to the north boundary of 1'03`d Street;thence along said north boundary Southwesterly 115.30 feet along an are to the right and having a radius of 242.00 feet and subtended by a long i chord having a bearing of South 76 degrees 20 minutes 49 seconds West and a length of 114,21 feet; thence along said north boundary South 89 degrees 59 minutes 46 seconds West 76.0 feet to the east boundary of Spring Mill Road;thence along said east boundary North{10 degrees 00 minutes 14 seconds West 95.00 feet to the point of beginning and containing 0.096 acres,more or less. t` • 0"� uuiiun,n This description was prepared for the City of Carmel,Indiana by -TE?,* Timothy J.Coomes,Indiana Registered Ladd Surveyor,License Number , '2060p004 20600004'on the 13 day of June- 2012• .. srnre of ' ' NOfAN,P•�IQ'.� 1 i f f PAGE 1 OF 4 i ' i Projcct: .10-10 Parcel; 2A Fee Key Co.: 29-13-11-000-036.014-023 Apart of the Southwest Quarter of Sectiori 11,Township 17 North,Range 3 East, Hamilton County,Indiana,and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked-EXHIBIT"B",described as follows: Commencing at the Northwest comer of said quarter section,designated as point r`4"on said parcel plat, thenge along the north line of said quarter section North 8.9 degrees 03 minutes 13 seconds East 25,00 feet to east boundary of Spring Mill Road;thence along said east boundary the following three courses;(1)thence South 00 degrees 00 minutes 14 seconds East 415,05 feet;(2)thence South 16 degrees 38 minutes 49 seconds East 104.74 feet;(3)thence South 00 degrees 00 minutes 14 seconds East 80.76 feet;thence South 23 degrees 38 minutes 00 seconds East 87.32*feet;thence North 89 degrees 59 Tninutes 46 seconds East 80.00 feet;thence North 69.degrees-59 minutes 29 seconds East 76.67 feet to the point of beginning of this !' description;thence continuing Notth 69 degrees 59 minutes.29 seconds East 4.26 feet to the east line of the grantor's land;thence along said east line South 00 degrees 00 minutes 14 seconds East 13.62 feet to the north boundary of 103rd Street;thence along said north boundary Southwesterly.4.52 feet along an are to the right and having a radius of 242A0 feet and subtended by a long chord having a bearing of South 62 degrees 09 minutes 45 seconds West and l a length df 4.52 feet;thence North 00 degrees 00 minutes l4-seconds West 14.27 feet to the point 1 of beginning and containing 0.001 acres,more or fess. . i ` i This description•was prepared for the City of Carmel,Indiana by s: TimothyJ.Coornes,Indiana Registered Land Surveyor,License Number = :20600004: - STATE 060Q004 ° = i 20600004,on the � ' day of une, 2012. IA j • "°�,� SUR �', ` - i 1 I i 1 PAGE 2 OF 4 I . EXHIBIT` "B" . SHEET 1 OF 2 � _ RIGHT-OF-WAY PARCEL PLAT Prepared for The City of Carmel, Indiana 0 50 100 200 by United Consulting (Job No. 11-408) SCALE: 1 200' .00' KEY NO.: 29-13-11-000-030.101-003 10 §�25 z2t es 46.97 10 1 46.6S �, � . rn �L 20-E00 N KEY NO.: 29-13-11-000-029.001-003 0 RES. A 502 ORAINAGE EASEMENT 30-00 KEY NO.:29-13-11-000-028.201-018 UPERIOR ST. 3.47 214 UNE i1" APP. U. R/W a 1030 Sr i 215 . b m r`S7`pp KEY NO.: 29-13-11-000-036.014-023 —716 '• ROr se P.R.C. 14Y-81.77 `X" 505 ! 217 '25f00 P.C. 11179.77 "A°503 P.O.T. 10f00.00 4' PM 25f75.00 t F 1 500 f i 1-465 . I ! OWNER STMS, EDWARD K. ET UX. DRAWN BY: K.I. CARR 6-11-12 PARCEL 2 CHECKED BY: T.J. COOMES 6-12-12 CODE -DES. NO. : PROJECT 10-10 ROAD ILLINOIS ST. INSTRUMENT NO. 199909968793, DATED 11-18-99' COUNTY HAMILTON HATCHED AREA IS THE f. 11 APPROXIMATE TAKING ELLAN 17N. 3( Dimensions shown are from the above Bsted Record Documents, Page 3 ,of 4' E H (B SHEET 2 OF XH 1T B' cont. 2 PARCEL COORDINATE CHART Point One Station Offset NORTH EAST *4 "S-1—q" --=— ---- ---- --__ *500 "S-1 A" ---- ---- ---- ---- *501 „q„ ---- ---- ---- *502 "S-1 A° —__— ---- ---- ---- *503 "qn ---- *505 "q" ---- ---- --=— ---- 214 "A" +9(1:0+55.00) 120.00' LT. 96439,6901 1104939.89001 21.5 "q" 10+90.00 1 40.00' LT. 96359.6925 1104974.8953 216 "A" 1 i+70.00 40.00' LT 96359.6978 105054.8953 217 "A" 12+10.00 55.00' LT. 96387.8078 105132.0913 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES. SEE LOCATION CONTROL ROUTE SURVEY PIAT. • t • SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together,with the `Location Gontrol-Route-Survey �tiy�s�tt�trrp�. ! recorded as Instrument Number 2011051245 in the Office of the Recorder'of Hamilton County, Indiana, (incorporated and made a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12, ("Rule 12"). 4��STER Given under my hand and seal _ 2060000 ate STATE OF Ir{o coo SU TT M rrrrnrt►» Regqistered Land Surveyor No, 20600004 State of Indiana - rFR.,D : STEVENS, EDWARD K. El UX. DRAWN BY; K.I. CARR 6-11-12 CHECKED BY: T.J. COOMES 6-12-12 I RES, N0. 0-10 i NOIS ST. AVILTON17N. I RANGE 3E. Dimensions shown are from the above listed Record Documents. j I I Page 4 of 4 i Prescribed by Stale 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 Yasmin Stump Law Group, P.C. Purchase Order No. 11495 North Pennsylvania Street, Suite 101 Terms Carmel, IN 46032 Date Due Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s) Amount 7/21/2014 0 Illinois Street-Stevens parcel $ 17,500.00 Total $ 17,500.00 1 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. Yasmin Stump Law Group, P.C. ALLOWED 20 11495 North Pennsylvania Street, Suite 101 IN SUM OF$ Carmel, IN 46032 $ 17,500.00 ON ACCOUNT OF APPROPRIATION FOR Board Members Po#or INVOICE NO. ACCT#!TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or 0 0 212-4462865 $ 17,500.00 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 7/28/2014 Signature City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund