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Illinois Street Extension - Kirk Property Information
e61 First Merchants Bank January 18, 2011 Treasurer of Hamilton County Hamilton County, Indiana Courthouse Noblesville, Indiana 46060 RE: John and Edith Kirk To Whom It May Concern: 10333 N. MERIDIAN STREET, SUITE 350 INDIANAPOLIS, IN 96290 COMMERCIAL LOAN DIVISION This letter serves as notification that a certain mortgage by and between First Merchants Bank, N.A. and John and Edith Kirk, dated September 24, 2007 in the amount $1,000,000.00, recorded as mortgage instrument #2007-17393 in the Office of Hamilton County, Indiana Recorder will be released upon receipt of check #2168120 dated January 11, 2011, for $1,093,000.00. The actual payoffs of loans #3035492 & #3035506 thru January 18, 2011 are as follows: Loan #3035506: (per diem: $52.78) Principal: $380,000.01) Interest: $3,905.55 Late Charge: $ 627.89 Subtotal: $384,533.44 Loan #3035492: (per diem: $70.93) Principal: $352,211.36 Interest: $3,125.76 Late Charge: $3,522.60 Subtotal: Grand Total: $358,859.72 $743,393.16 FIRST MERCHANTS BANK, N.A. WW w.FI RSTM ERCHANTS.0 OM 1 - TREASURER OF HAM LTON COUNTY COUNTY WARRANT NO. 2168120 :'tl.INVOICE NUMBERSS4ITAIi0M-3C...:1k:L7eT'T<IA•TrIYiDESCRIP11 ON 1i.Ty3tStb is+: 04714--FC4AWT. NO:_ad£ Gii: AMOUMYYi 2010-06 P0 0010-11 208 001.000 5004 1,093,000.00 PLEASE DETACH BEFORE DEPOSITING IfiF:a; aYr$'iLTHIS.DOCUMENT;HAS'AWOIDi PANTOGRAP.H7. MICROPRINTING'AND:AN'ARTIFICIAL`:WATERMARK^?a . APPROVED HY. STAIR BOARD OF - ACCOUNTS FOR HAMILTON CO 1999.. ,Jr COUNTY WARRANT L.;.. F NOT GOOD UNTIL COUNTERSIGNED BY TREASURER r}'C TRartsNMod TIRI Yours �€ /! a Mr0ac.31 W Me Yew M Issue. 291 740 , LMB P !"nQQATM kr MER siVA '.TREASURER'OF HAMILTON COUNTY 1 'r& NOBLESVILLE INDIANA'46060r ./ 8/073929 01/d,2011 2166120 il PAY One Million Ninety Three Thousand Dollars and No Cents �,/9r.P/l//rI/rrry���uAo O THE Q ,r i $KIRK;JOHN T"& EDITH ft 4 J€ 1 i tt t '4'a �' ORDER 1919 TROWBRIDGE HIGH STREET I I$ L , 2.1 r{ ""N" County Auditor -AND`FIRST MERCHANTS BANKINA " 9 t, `''I .N lLsU� 1 c t o,F.- 'CARMEL, IN -46032. . x�a>.�i _�, >4 - -. H m`ye.ca.m,Trea5ur.r NRECKSAMOUNT' 1,093,000 00" 1Y 21681 206' 1:0740000101: 64187494611' 'See Reverse Side For Easy Opening Instructions" TREASURER OF HAMILTON COUNTY NOBLESVILLE. INDIANA 46060 KIRK, JOHN T & EDITH 1919 TROWBRIDGE HIGH STREET AND FIRST MERCHANTS BANK NA CARMEL, IN 46032 -1 8 IsUNKTIED Consulting= ENGINEERING ENVIRONMENTAL INSPECTION LAND SURVEYING PLANNING WATER & WASTEWATER SINCE 1965 OFFICERS William E. Hall, P.E. Dave Richter, P.E.. P.L.S. Steven W. Jones Christopher R. Pope. P.E. B. Keith Bryant. P.E. Michael A. Rowe, RE. PROFESSIONAL STAFF Jerry D. Ritchie, P.E. Andrew T. Wolka, P.E. Devin L. Stettler, A.I.C.P. Darryl P. Wineinger, P.E. Adam C. Post, RE. Michael S. Oliphant. A.I.C.P. E. Annelle Pemberton, P.E. Timothy J. Coomes. PL.S. Brian W. Craig, RE. Jon E. Clodtetter, P.E. Steven R. Passey, P.E. Howard A. Berberick, P.E. KW C. Courtney, P.E. Brian J. Pierson. P.E. Christopher L. Hammond, P.E. Paul D. Glotzbach, P.E. Brian S. Frederick. P.E. Jay N. Ridens, P.E. Matthew R. Lee. RE. William R. Curtis. P.E. Jeromy A. Richardson, PE. John R Sprague. P.E. Adam J. Greulich. P.L.S. Whitney D. Neukam, P.E. Kelly J. LaValley, P.E. Matthew k Taylor, P.E. Josh 0. Set?, P L.S. 1625 N. Post Road Indianapolis, IN 46219 Phone: (317) 895-2585 Fax: (317) 895-2596 E-mail: info@ucindy.com www.ucindy.com January 3I. 2011 Ms. Diana L. Cordray Clerk -Treasurer One Civic Square Carmel, Indiana 46032 RE: LAND ACQUISITION Illinois Street —Secured Parcel Packet John T. Kirk and Edith Kirk Parcel Carmel, Indiana Dear Ms. Cordray: Please see the enclosed packet containing original documentation for a secured parcel for the above referenced project. The parcel was secured at the request of the City of Carmel Engineering Department. This information is being submitted for your files. If you have any questions or need further information, please do not hesitate to contact our office. Sincerely. United Consulting Devin L. Stettler, MPI, AICP Manager, Planning Department enclosures: Secured Parcel Packet c: Ms. Katie Neville, Office Administrator, City of Carmel Engineering Department 10-413 Arm!: fllc Mc &et via 2s1x 57/-21139 ? rclet3 /4/,o COHEN GARELICK $1 GLAZIER Charles A. Cohen Robert A. Garelick 1,2 Steven J. Glazier Richard L Darst Steven M. Crell Edward F. Schrager 1,2 Russell L. tones Michael P. Bishop l MaryEllen K Bishop 5 Bradley H. Cohen Jill Goldenberg Schuman 13 Jeffrey A. Adams 4 Joshua T. Robertson Deetta H. Steinmetz 2 M. Edward Krause 111 Jennifer J. Stevens 1 Registered Civil Mediator 2 Registered Family Law Mediator 3 Certified Indiana Family Law Specialist 4 Master of laws in Taxation 5 Board Certified Indiana Trust and Estate Lawyer by The Trust and Estate Spedality Board Denise E. McHenry Land Agent, Buyer Indiana Acquisition 7623 Farm View Circle West Indianapolis, Indiana 46256 RE: Project: Parcel: County: Our Client: Our File No Dear Ms. McHenry: October 20, 2010 Illinois Street #1-177 West 106 Street Carmel, Indiana 46032 Hamilton John T. and Edith Kirk 10666 A Professional Corporation of Attorneys at Law Please be advised that we have been retained by John and Edith Kirk to represent them in this matter regarding the acquisition of their property located on 177 West 106i1i Street in Carmel, Indiana (the Property). We have reviewed your letter of September 23, 2010, proposing an offer of $1 Million for the purchase of the Property. Although this current offer is an improvement from your offer of July, 2010 for 5850,000, we believe that additional compensation is due the Kirks. A review of the Kirk's roller- coaster ride with the City of Carmel since 2000 will amplify this request for additional compensation. As you know, the Illinois Street Corridor Plan (the Plan) and the Carmel -Clay Plan Commission's favorable recommendation were approved by the City Council on July 16, 2001. The Plan directly impacted the Kirk property. In reliance on the approved Plan, Mr. and Mrs. Kirk listed the Property fbr sale at the market value of $1.5 Million. The listing contract was given to Joe Kempler of' Tucker Realtors. The listing was removed from the market when potential buyers were advised that the Plan would negatively impact the Property when construction was completed. In reliance on the Plan and the Citys intent on completing the road construction, the Kirks purchased a new residence and moved from the Property. www.cgglawfinn.corn 8888 Keystone Crossing Blvd., Suite 800 Indianapolis, Indiana 46240-4636 Phone 317-573-8888 Fax 317-574-3855 Denise E. McHenry October 20, 2010 Page 2 After the Kirks moved to their new home, they waited for the City's offer to purchase the Property. When no offer was presented, Mr. Kirk contacted Steve Engelking in November. 2003, to ask whether the City was truly going to buy the Property. In a letter dated November 12, 2003, Mr. Engelking assured Mr. Kirk that the Plan was moving forward and that it would "transverse" the Property. Enclosed is a copy of Mr. Engelking's letter olNovember 12. 2003. Again, in reliance on Mr. Engelking's reassurance that the Property would be purchased; and unable to sell the property due to the Plan, the Kirks continued to maintain the Property and pay taxes while the Property remained vacant. Following repeated inquiries to the City. Mr. Engelking advised Mr. Kirk on December 6, 2004, that the City had changed its mind and did not intend to take the Property but merely a small right-of-way thereon. Enclosed is a copy of Mr. Engelking's letter dated December 6, 2004. Once again, in reliance on Mr. Engelking's letter of December 6, 2004; the Kirks renovated the pool house on the Property and relisted the Property with Mr. Kempler and Tucker in May 2006 for $1.5 Million. In March, 2010, Carmel resident William Shank advised Mr. Kempler, that he would purchase the Property for $1.2 Million and was prepared to pay this price in March 2010 pending a favorable response from the City that the Plan would be rerouted around the Property. A copy of Mr. Shank's affidavit dated August 26, 2010 is enclosed. On April 1, 2010, Mr. Engelking advised Mr. Kirk that the City had decided now to purchase the Property and would be making on offer. Enclosed is a copy of Mr. Engelking's letter of April 1, 2010 After the City's initial offer of $850;000 for the Property on July 12, 2010, the Kirks attended a meeting with Mr. Engelking, Mike McBride. Luci Snyder, and you to discuss the offer and the City's need for the Property. Although Mr. McBride explained the City's vacillation in implementing the Plan, Mr. Kirk also explained his dilemma in listing the Property for sale, removing the listing, and relisting the property over several years all in reliance on the City's intent to implement the original Plan. A copy of the notes from this meeting of August 19, 2010, is enclosed. As you can see, the Kirks have cooperated in every way with the City's Plan for the Property. In reliance on the Plan and the representations made by the City Denise E. McHenry October 20, 2010 Page 3 officials, the Kirks lost an opportunity to sell the Illinois Street property at a market value of $1.2 Million. Additionally, the Kirks also incurred significant expenses in renovating the property after the City changed its mind the first time and continued to incur the expense of maintaining the property all the while living in a new residence in anticipation of the Plan being implemented. In consideration for the significant delay over the last six (6) years and the City's vacillation in implementing the Plan, the Kirks are demanding the sum of $1,250,000 for the Illinois Street property. In addition to this sum, the Kirks are also insisting that the City pay the real estate agent commissions to Mr. Kempler that were incurred as a result of the listing of the Illinois Street property for sale. If you have any questions, please do not hesitate to contact Inc. Sincerely yours, COI-IEN GAR a K & GLAZIER MPB/deh Enclosures cc: John Kirk. w/enclosures Mike McBride, w/enclosures Steve Engelking, w/enclosures ichael P. Bishop 5 pales City of Carmel A/tt/ i z, 2403 . -r e_ c+'.c243,4eo g rO4? r a-�-- %cam.* (� i-tias, ( -, O7.- //- ®/-- ndaelere d y'Z, g , J,,, ZcOO/- Gd J aej /e -a- (tea G.T-r u.-eaazeedSe-vee.LP Atte 7-U)iefeee+.r-.,+-, edts,"-e N.N� i P-6 L-7Gtrat,4 ee .e- .418r/L'..ca!— PIA y ito 'C ice°Jin,rcW.a/.o.['-v-P.sGP' . . (a) .64.0 e'-, >10 . eC-C/-O?- 0/—O2, c6 4 /race.. 2na t�2c( dr.L&P� LN /tEccrazu u�u a o ttr a 1 �4 d v r aka e eate,t. 7.0070 ,,;P 1 uo nal -ea' c ,f-ce„.,./. \L 74. / hA. Com: 13s w/.24/10 a_#ac441-n nto .40 lex -._ -62k-% eat eaA-' tc r. City of Carmel 40 � Steve Engelking Director DEPARTMENT OF ADMINISTRATION Ono Civic Square Carmel, Indiana 46032 (317) 571-2403 FAX (317) 844-3498 Email: sengelkingpcl.carmel.in.us CITY OF CARMEL JAMES BRAINARD, MAYOR December 6, 2004 Mr. John Kirk C/O John Kirk Enterprises 12345 North Old Meridian Street Carmel, Indiana 46032 RE: 177 West 106th Street Property/Illinois Street Dear Mr. Kirk: This will confirm our recent conversation regarding the City's plan as to the placement of the right-of-way for Illinois Street as it affects your personal residence and property upon which it is located at 177 West 106th Street in Clay Township, Indiana. You have requested that the City of Carmel confirm that it does not intend to take your residence for the construction of Illinois Street. This letter confirms that your residence will not be taken; however, it may be necessary to take a small amount of right-of-way from the property when 106th Street is widened or Illinois Street is built. That right of way acquisition, however, is not out of the ordinary and is a normal risk of any property owner located on a "collector" street. In the city's opinion, any small amounts of right-of- way needed to improve the roads near your home would not negatively impact its value. Respectfully, teve Enge Director, Department of Administration ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2401, FAX 317.844.3498 EMAIL jbrainard©ci.carmel.in.us CITY Of, C JAMES BRAINARD, MAYOR April- 1, 2010 John Kirk 12345 Old Meridian Carmel, IN 46032 RE: Property Dear Mr. Kirk: This is to confirm our telephonic conversation on March 31, 2010 relative to your property at 177 W. 106th Street, Indianapolis, IN 46290. During our conversation, I relayed to you that Mayor Jim Brainard is willing to: 1. Provide the attached conceptual plan for the future alignment of the roundabout intersection for Illinois Street and 106tStreet 2. Commit that the City of Carmel will prepare and make a Uniform Offer to purchase the entire property referenced above within 120 days from April 1, 2010. Please note for the record that any final action on the purchase of the property is subject to the approval process required by City Ordinance and State Law. The process to complete the Uniform Offer will be under the leadership and control of the Carmel City Engineer, Kke McBride. You sh ald iateraet with his -office -as -the -need presents itself throughout this process. His office number is 571-2441. Of course you may always call me at 571-2403 whenever the need. arises, Respectfully, /Steve Eng 'king Director of Administration ONE CIVIC SQUARE; CARMEL: IN 46032 OFFICE 317.571.2401, FAX 317.844.3493 EMAIL ibrainard@carrnel.in.gov affidacTitis sf o^, on thk !fciav 07 inottil `2 .L O oa f'LS;4e c n. rl� wI I lit i„.., • ��f�RN""� ��� 6• -frame or a iant)knownn 10 me to be a ciedibie person and of lawft [sae, who be!ni� by e :Irs'_ V sworn, 1i. 4 ;,..4. this o g' 02.4n, CepoS s no b -ay . i, Bifl Shank, -es.!ola.nt nf ndfana make the fo .L '. a 2bo_?. C, i be r177 W f.. Street ... Jar 46032. During te week of March 22, 2010, ! called Joe Kemple (agent; for F.C. T'?:.lei) who ✓ the se'heOri ..11‘, rr_..'.ti at =77 VV 1 ORth Street in Cs&ir m !N. 4 noticed th!tit hat! been on the ME -I ke; and have had' tere t in liths prc'Jemj for some dine. On as t.. d The .o a ; me. !-;e: said .,-t he L _! lea:_... . the�" .'tic: J _ City ». .. �_.:\ t.� e 3'� yr J s -4 "" ....:C hu at h time. esker" h m to Beep meinformed a C ...... '.liras s_ftn v`9 e: sec. On Apr! 24, 2010, i received a note from s t ? ` i inform, in ithat hei V .}�.. Se:; ale. (: vs .1:. me had Fa.die� with Mayo: and `12t'tln re micht ^_ 2 piece o'J ixoor-of ie11 after the city makes its �urc�hase end a. ! ^�..._ �V - interest. replied "Let's see where this goes". ;i This property has been of great interest to me and 1 was prepared to pay up to $1.2 Million in the IQIcl}Gil U➢i]C4i CU1C (JCF64.!:5?lac IGIVUEt2USe Sespu:RC Cel ill L4l131u Of 1114?1U15 Jt. /1 :: :/ �Sfu(1•ilatu re of afanif: /o .- / 0 . moi/ i N (, i [typed name of affiant] /r % [address of afilant, itne i y [address of affiant., line 27 ' lith nne L Denton 5 Notary public c Seal Slate or Indiana S Malan County kii3OMfn' Ston t:'pire< 10/22.2015 t�gJv,�Sr. Lv iFa,ltai%'Varrsihivi.7-'a lv-�� Subscribed and sworn to before me, h- s s [day of month] day of h\-;; 1i fi la t, [month], 20 -An [NN[etan%\Sea11 Meeting: 8/19/10 @ 3:00 pm @ 12345 N. O MMeridian Carmel, IN (John Kirk Furniture) In attendance: Owners; Mr. and Mrs. Kirk, o r, Tom Kirk, myself (Denise McHenry) and Carmel City officials, Mike McBride, Luci Snyder and Steve Engelking. Mr. McBride explained to the owners the need of the take, said over the years they have looked at different design options but working with INDOT's overall plan have had to resort back to the City's original design which included the take of this property. Mr. Tom Kirk explained the property has been on the market and they had an offer this year (March 2010) of $1,200,000. But the buyer backed out of the sale because the City would be buying the property for road construction. Mr. Tom Kirk proceeded to explain the land is worth $125,000. Per acre and a 5,000 square foot home should bring approximately $113 per SF. Owners have information from the proposed sale and comparable they will provide us proving the value. In addition to the owners requesting the City pay $1,300,000.00 for the land and improvements, they also desire the City to pay the realtor 3/ % % commission and be able to gut the dwelling. Owners have paid the delinquent taxes to date and can supply the receipt when needed. Conclusion: Owners will get the value information to me ASAP and the City will look at the information and decide if the offer will increase based upon the information supplied. I advised Mr. McBride that the City should not be involved in the realtor's commission. Buyer, Denise McHenry CC: United Consulting Engineers, Bill Curtis, Michael McBride and Tom Kirk. . OCT. 20. 2010 12: 35PM COHEN GARELICK & GLAZIER NO. 8966 P. 1 COHEN GARELICK & GLAZIER Charles A. Cohen Robert A. Garoliek 1,2 Steven J. Glazier Richard L. Darst Steven M. Crell Edward F. Schrager l,2 Russell L. Jones Michael P. Bishop 1 MaryEllen Bishop 5 Bradley H. Cohen Jill Goldenberg Schuman 2,3 Jeffrey A. Adams 4 Joshua T. Robertson Deetta It Steinmetz 2 M. Edward Krause lD .Jennifer J. Stevens Jennifer 1. Stevens 1 Regismred Civil Mediator 2 Registered Family Law Mediator 3 Ccnificd Indiana Family Law Specialist 4 Master of Laws in Taxation 5 Board Ccni&ed Indiana Trust and Estate By The Trust and Estate Specialty Board A Professional Corporation of Attorneys at Law FACSIMILE COVER SHEET TO: Denise McHenry - (317) 841-6561 FROM' David Howell, on behalf of Michael P. Bishop DATE. October 20, 2010 RE: Illinois Street P roject, Parcel #1-177 West 10e Street, Carmel, IN 46032, Hamilton County, Indiana NUMBER OF PAGES, INCLUDING THIS COVER SHEET' 4 CLIENT NAME: John Kirk CLIENT FILE NUMBER: 110666 MESSAGE' Ms. McHenry: A hard copy of this letter, along with enclosures, will follow via U. S. Mail. Thank you. 1041110 CtaS AI & p aid Qs&d tonal 4 Q top lads 10614-1c, 12e -i- bilks -to Q-ceyrf $0, ) IF A PROBLEM OCCURS DURING TRANSMISSION OF THIS MATERIAL, PLEASE CALL (317) 573-8888 AS SOON AS POSSIBLE AND ASK i FOR: David Howell •***********•x*f*******************************x.I s3*****ion's** ********•*****••***•********.*******xh xix tx xxxxxx t. cif The information contained in this farsimilc message is intended only for thc use of the individual or entity named above. tribe reader or recipient of this message is not the intended recipient or an employee or agent of the intended recipient who is responsible for delivering It to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is suictty prohibited. If you have received this communication in uror, please immcdimely notify us by telephone (collect) and return ilia original message to us at the address below via the U.S. Postal Service. Receipt by anyone other than the intended recipient is not a waiver of any oitorney-client or work -product privilege. OCT. 20. 2010 12:35PM COHEN GARELICK & GLAZIER NO. 6966 P. 2 COHEN GARELICK 8z Clutha A Cohen, Robert A Garelidc I. Steven J. Glazier Richard L Darr Steven M. Crell Edward F. Schrager a.z Russell L Iona Michael P. Bishop 1 MazyFllen K Bishop Bradley H. Cohen Nl Goldenberg Schuman'. s Jeffrey Adams d JoshuaT. Robertson Deena H. Sttdnmelz I M. Edward 'Crewe III Jcinifer 1. Stevens Rylaatd Crvil Nedatm 2 Reglllatd gamily taw Mcdt®r 3 Untied Indigos Faintly taw Speod"bt 4 Nana al laws inflation 5 Bead Catiiwd=IloncThat sM Esme Lawyer byTheTNN and Fen Specialty load Denise E. McHenry Land Agent, Buyer Indiana Acquisition 7623 Farm View Circle West Indianapolis, Indiana 46256 RE: Project: Parcel: County: Our Client: Our File No.: Dear Ms. McHenry: October 20, 2010 Illinois Street #1-177 West 106 Street Carmel, Indiana 46032 Hamilton John T. and Edith Kirk 10666 GLAZIER A Professional Corporation of Attorneys at law Please be advised that we have been retained by John and Edith Kirk to represent them in this matter regarding the acquisition of their property located on 177 West 106RI Street in Carmel, Indiana (the Property). We have reviewed your letter of September 23, 2010, proposing an offer of $1 Million for the purchase of the Property. Although this current offer is an improvement from your offer of July, 2010 for $850,000, we believe that additional compensation is due the Kirks, A review of the Kirk's roller- coaster ride with the City of Carmel since 2000 will amplify this request for additional compensation. As you know, the Illinois Street Corridor Plan (the Plan) and the Cannel -Clay Plan Commission's favorable recommendation were approved by the City Council on July 16, 2001. The Plan directly impacted the Kirk property. In reliance on the approved Plan, Mr. and Mrs. Kirk listed the Property for sale at the market value of S1.5 Million. The listing contract was given to Joe Kempler of Tucker Realtors. The listing was removed from the market when potential buyers were advised that the Plan would negatively impact the Property when construction was completed. In reliance on the Plan and the City's intent on completing the road construction, the Kirks purchased a new residence and moved from the Property, www.c8glawfirm.com 8888 Keystone Glossing Blvd., Suite 800 Indianapolis, Indiana 46240-4636 Phone 317.573.8888 Fax 317-5743855 . OCT.20.2010 12:35PM COHEN GARELICK & GLAZIER NO. 8966 P. 3 Denise E. McHenry October 20, 2010 Page 2 After the Kirks moved to their new home, they waited for the City's offer to purchase the Property. When no offer was presented, Mr. Kirk contacted Steve Engelking in November, 2003, to ask whether the City was truly going to buy the Property. In a letter dated November 12, 2003, Mr. Engelking assured Mr. Kirk that the Plan was moving forward and that it would "transverse" the Property. Enclosed is a copy of Mr. Engellcing's letter of November 12, 2003. Again, in reliance on Mr. Engelking's reassurance that the Property would be purchased, and unable to sell the property due to the Plan, the Kirks continued to maintain the Property and pay taxes while the Property remained vacant. Following repeated inquiries to the City, Mr. Engelking advised Mr. Kirk on December 6, 2004, that the City had changed its mind and did not intend to take the Property but merely a small right-of-way thereon. Enclosed is a copy of Mr. Engelking's letter dated December 6, 2004. Once again, in reliance on Mr. Engelking's letter of December 6, 2004, the Kirks renovated the pool house on the Property and relisted the Property with Mr. Kempler and Tucker in May 2006 for $1.5 Million. In March, 2010, Carmel resident William Shank advised Mr. Kempler, that he would purchase the Property for $1.2 Million and was prepared to pay this price in March 2010 pending a favorable response from the City that the Plan would be rerouted around the Property. A copy of Mr. Shank's affidavit dated August 26, 2010 is enclosed. On April 1, 2010, Mr, Engelking advised Mr. Kirk that the City had decided now to purchase the Property and would be making on offer. Enclosed is a copy of Mr. Engelking's letter of April 1, 2010 After the City's initial offer of $850,000 for the Property on July 12, 2010, the Kirks attended a meeting with Mr. Engelking, Mike McBride, Luci Snyder, and you to discuss the offer and the City's need for the Property. Although Mr. McBride explained the City's vacillation in implementing the Plan, Mr. Kirk also explained his dilemma in listing the Property for sale, removing the listing, and relisting the property over several years all in reliance on the City's intent to implement the original Plan. A copy of the notes from this meeting of August 19, 2010, is enclosed. As you can see, the Kirks have cooperated in every way with the City's Plan for the Property. In reliance on the Plan and the representations made by the City OCT. 20. 2010 12:36PM COHEN GARELICK d GLAZIER NO. 8966 P. 4 Denise E. McHenry October 20, 2010 Page 3 officials, the Kirks lost an opportunity to sell the Illinois Street property at a market value of S1,2 Million. Additionally, the Kirks also incurred significant expenses in renovating the property after the City changed its mind the first time and continued to incur the expense of maintaining the property all the while living in a new residence in anticipation of the Plan being implemented. In consideration for the significant delay over the last six (6) years and the City's vacillation in implementing the Plan, the Kirks are demanding the sum of S1,250,000 for the Illinois Street property. In addition to this sum, the Kirks are also insisting that the City pay the real estate agent commissions to Mr. Kempler that were incurred as a result of the listing of the Illinois Street property for sale. If you have any questions, please do not hesitate to contact me. Sincerely yours, COHEN GA' ..4.1` K & GLAZIER MPB/deh Enclosures cc: John Kirk, w/enclosures Mike McBride, w/enclosures Steve Engelking, w/enclosures ichael P, Bishop GENERAL DURABLE POWER OF ATTORNEY I, JOHN T. KIRK, of Hamilton County, Indiana, being at least eighteen (18) years of age and mentally competent, do hereby name, designate and appoint my son, THOMAS KIRK , of Hamilton County, Indiana, my true and lawful attorney-in-fact and health care representative pursuant to Ind. Code §16-36-1. I. POWERS: The above-named attorney-in-fact shall have the following powers, provided that my attorney-in-fact shall not have any power which would cause my attorney in fact to be treated as the owner of any interest in my property, as the owner of any specifically retained interests in property given to me by my attorney-in-fact, or as the owner of any interest in my property which would cause that property to be taxed as owned by the attorney-in-fact: 1. Real Property. My attorney-in-fact shall have general authority with respect to real property transactions pursuant to Ind. Code § 30-5-5-2. 2. Tangible Personal Property. My attorney-in-fact shall have general authority with respect to tangible personal property pursuant to Ind. Code § 30-5-5-3. 3. Bond, Share and Commodity. My attorney-in-fact shall have general authority with respect to bond, share and commodity transactions pursuant to Ind. Code § 30-5-5-4. 4. Banking. My attorney-in-fact shall have general authority with respect to banking transactions pursuant to Ind. Code § 30-5-5-5. 5. Business. My attorney-in-fact shall have general authority with respect to banking transactions pursuant to Ind. Code § 30-5-5-6. 6. Insurance. My attomey-in-fact shall have general authority with respect to insurance transactions pursuant to Ind. Code § 30-5-5-7 provided that references in Ind. Code § 30-5-5-7 (a) (2) and (3) to "section 8" are changed to "section 9". 7. Beneficiary. My attorney-in-fact shall have general authority with respect to beneficiary transactions pursuant to Ind. Code § 30-5-5-8. 8. Gifts. My attorney-in-fact shall have general authority with respect to gift transactions pursuant to Ind. Code § 30-5-5-9, including the power to make gifts to my attorney-in-fact. The aggregate value of any gift or gifts made pursuant to this section shall not be limited to the dollar amount stated in Ind. Code § 30-5-5-9 (a)(2). 9. Fiduciary. My attorney-in-fact shall have general authority with respect to fiduciary transactions pursuant to Ind. Code § 30-5-5-10. 10. Claims and Litigation. My attorney-in-fact shall have general authority with respect to claims and litigation pursuant to Ind. Code § 30-5-5-11. 11. Family Maintenance. My attorney-in-fact shall have general authority with respect to family maintenance pursuant to Ind. Code § 30-5-5-12. =d3`e 1 G3 3 12. Military Service. My attorney-in-fact shall have general authority with respect to benefits from military service pursuant to Ind. Code § 30-5-5-13. 13. Records, Reports and Statements. My attorney-in-fact shall have general authority with respect to records, reports and statements pursuant to Ind. Code § 30-5-5-14 including but not limited to the power to execute on my behalf any specific power of attorney required by any taxing authority to allow my attorney-in-fact to act on my behalf before that taxing authority on any return or issue. 14. Estate Transactions. My attorney-in-fact shall have general authority with respect to estate transactions pursuant to Ind. Code § 30-5-5-15. 15. Health Care Representative Appointment with Power to Withdraw or Withhold Health Care. My attorney-in-fact shall have general authority with respect to health care pursuant to Ind. Code § 30-5-5-16 and 17, including the power to consent to or refuse health care and/or the power to withdraw or withhold health care pursuant to Ind. Code § 30-5-5-17. I appoint my attorney-in-fact as my health care representative with authority to act for me in all matters of health care in accordance with Ind. Code § 16-36-1 as shown by the attached appointment. This health care appointment is attached to this power of attorney pursuant to Ind. Code § 30-5-5-16(b). 16. Delegate. My attorney-in-fact shall have general authority with respect to delegating authority pursuant to Ind. Code § 30-5-5-18. 17. Governmental Programs. My attorney-in-fact shall have general authority to apply for any benefits to which I may be entitled under any governmental program, including, but not limited to, Social Security, Medicare and Medicaid. 18. Funeral. Unless I have previously provided, my attorney-in-fact shall have general authority to arrange for a suitable funeral and burial. 19. All Other Matters. My attorney-in-fact shall have general authority with regard to all other matters pursuant to Ind. Code § 30-5-5-19. 20. Miscellaneous. My attomey-in-fact is entitled to reimbursement of all reasonable expenses and is entitled to a reasonable fee for services provided as my attorney-in-fact, as specified and subject to the conditions set out in Ind. Code § 30-5-4-5. II. EFFECTIVE DATE: This power of attorney shall become effective immediately. III. TERMINATION: I hereby reserve the right of revocation; however, this Power of Attorney shall continue in full force and effect until I have executed a written revocation hereof which is to be attached to a copy hereof. IV. GUARDIANSHIP: In the event judicial proceeding is brought to establish a guardianship over my person or property, 1 hereby nominate THOMAS KIRK to serve as guardian. da`s 2 as 3 V. SIGNATURE FORM: My attorney-in-fact shall use the following form when signing on my behalf: John T. Kirk by his attorney -in fact Thomas Kirk IN WITNESS WHEREOF, I have hereunto set my hand and seal this Z, day of August, 2009. L N T. KIRK STATE OF INDIANA ) ) SS. COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said county and state, this4rday of August, 2009, personally appeared JOHN T. KIRK, and at the request of the above-named individual making the appointment, I witnessed signing of this document. ness my hand and official seal. . ary P ",:I c (Si. nature) My co, ission expires: 1-29-2016 Resident of the County of Marion, Indiana. Robert J. Wampler Notary Public (Printed) This Instrument prepared by: Robert J. Wampler, Attorney ds`e 3 Ga 3 7623 FARMVIEW CIRCLE WEST INDIANAPOLIS, IN 46256 PHONE: (317) 841-6560 FAX: (31 7) 841-6561 9/71/7010 CQUISITION John T. Kirk Edith Kirk 177 West 106th Street Carmel, IN 46032 RE: Project: Illinois Street Parcel: #1 — 1919 Trowbridge High Street Carmel, IN 46032 County: Hamilton Dear Mr. & Mrs. Kirk; The City of Carmel would like to make a counter of'f'er on the above referenced parcel. Your original offer was delivered in person on July 12, 2010 for $850,000.00 for 5 acres which included the dwelling, guest house, small detached garage, swimming pool, landscaping, concrete walks, brick wall, yard lighting and patio pavers. You rejected the above offer stating you wanted $1,300,000.00 based upon a potential buyer's interest. The City of Carmel is prepared to offer you $1,000,000.00 and will allow you to remove items from the property as long as such removal does not compromise the security of the property in any way. All such item removal must be complete prior to the time you vacate the ownership of the above referenced property. This ownership vacation is typically mandated to occur 30 days after you receive payment and all taxes, mortgages or liens have been paid. Any necessary settlement of real estate commission will need to be accomplished between you and your broker without City involvement. In Indiana law, it is understood that in order to receive a commission, a broker must be the one to facilitate the sale. That is clearly not this ease in this situation as the City's purchase of the property is driven by the need for additional right of way to accommodate the construction of the City's Illinois Street project. If you decide to accept this offer, please contact ine immediately and we will begin to prepare the necessary documents. Should you disagree with the amount offered, you may submit your own appraisal/evidence of value for consideration. If you elect to obtain your own appraisal or other evidence, you do so at your expense and submitting an appraisal does not guarantee that any change will be made in the offer. All information submitted for review must be current and received by our office prior to the 30 day offer expiration. If you have any questions regarding this matter, which you want to discuss, l encourage you to contact me at (317)841-6560. 'thank you in advance for your cooperation. Sincerely, Denise McHenry Land Agent, Buyer r—kAilrr-fotrtkrirlrr1611 C iris lie project n1 a finer'... 9123/2010 John T. Kirk Edith Kirk 177 West 106th 652 Street Carmel, IN 46032 RE: Project: Illinois Street Parcel: #1 - 1919 Trowbridge High Street Carmel, IN 46032 County: Hamilton Dear Mr. & Mrs. Kirk; The City of Carmel would like to make a counter 0 offer on the 0 r or $850,000.00 or for 5 cedes personn on July 12, swimming pool, landscaping,forcres whichparcelYour ed the offer g,whouseelivered , small detached garage, which included dwelling, guestpatio pavers. brick wall yard lighting and p potential concrete walks, 300,000.00 based upon a youbuyer wanted $1,you to you $1,000,000.00 and will allow You rejected the above offer stating ,romise the salto t of the remove interest. The City of Ca a longepaspsuch remoed to tval does not com musf be remove items from the property -. All such item removal=f4aettems- ropert d in any wa � ' you vacate the ownership of the above referenced pro er • P—�l the time �0 days after you receive rettleyedcomplelo by "Chis ownershi � vacation is ?a es olr liens havebeenbeen paid�ic}}is- payment and all taxes, mortgages ^ c nv necessa settlement of real estate commission; )his will need to be lished between you and your broker without Cit nvolvement. - = accom� That is clearly not this case in this situation the the construction past {In Indict is understood that in order to receive a commission, a broker must be the se one facilitate the i sale, en and _ of the Sro.ert is driven b the need for additional ri.ht of wa to accommodate of the Cit 's Illinois Street ro. ect. we to If you decide to accept thew offer, please contact me immediate) Sandld e wioull begine with _ _ _• • , prepare the necessary documents. �evidencl#� o a value for consideration. If you may submit your own app our expense and the amount offered, appraisal or other evidence, you do so at y guarantee that any change will be made in the offer. All you elect to obtain your own information an appraisal does not information submitted for review must be current and received by our office prior to the 30 day offer expiration. 1 encourage If you have any questions regarding this matter, which you want to discuss, you to contact me at (317)841-6560. Thank you in advance for your cooperation. w Denise McHenry From: Denise McHenry <indiana_acquisition@comcast.net> Sent: Thursday, September 23, 2010 10:55 AM To: Mike McBride Cc: Curtis, Bill Subject: counter offer letter #1 Kirk Attachments: cover letter#1 counter offer.doc Please review the attached letter and make whatever changes you feel necessary. Sincerely, Denise McHenry 317 841-6560 9/23/2010 John T. Kirk Edith Kirk 177 West 106`h Street Carmel, IN 46032 RE: Project: Illinois Street Parcel: #1 — 1919 Trowbridge High Street Carmel, IN 46032 County: Hamilton Dear Mr. & Mrs. Kirk; The City of Carmel would like to make a counter offer on the above referenced parcel. Your original offer was delivered in person on July 12, 2010 for $850,000.00 for 5 acres which included the dwelling, guest house, small detached garage, swimming pool, landscaping, concrete walks, brick wall, yard lighting and patio pavers. You rejected the above offer stating you wanted $1,300,000.00 based upon a potential buyer's interest. The City of Carmel is prepared to offer you $1,000,000.00 and will allow you to remove items from the property as long as they can keep the property secure. The items must be removed by the time you vacate the ownership which is 30 days after you receive payment and all taxes, mortgages or liens have been paid. As far as a real estate commission, this will be between you and your broker. Under case laws in the past, it is understood in order to receive a commission, broker must be the one to facilitate the sale and that is clearly not this case. There are also questions to the legitimacy of listing this property for sale knowing a public improvement was possible and it may involve this property. You didn't pay property taxes based upon your knowledge the City of Carmel was going to make you an offer. If you decide to accept the offer, please allow us a couple days to prepare the documents. However, should you disagree with the amount offered you may submit your own appraisal/evidence of value for consideration. If you elect to obtain your own appraisal or other evidence, you do so at your expense and submitting an appraisal does not guarantee that any change will be made in the offer. All information submitted for review must be current and received by our office prior to the 30 day offer expiration. If you have any questions regarding this matter, which you want to discuss, I encourage you to contact me at (317)841-6560. Thank you in advance for your cooperation. Sincerely, Denise McHenry Land Agent, Buyer ('r• Mika MrRriHe Rill f nrtic Denise McHenry From: McBride, Mike T <MMcBride@carmel.in.gov> Sent: Tuesday, September 21, 2010 1:17 PM To: Denise McHenry Subject: RE: Kirk Property _ 177 W. 106th St. X -MSK: CML=2.501000 Thanks Denise. Yes, let's address those items. The offer should state that the payment of real estate commission will be at the discretion of the property owner upon receipt of payment. As for the removal of fixtures from the house, you may state in the counter offer that the Kirks may remove items from the home up to the date of that the property must be vacated by the Kirks. However, the Kirks can not remove items that would compromise the City's ability to secure the structure from unwarranted entry once we take posession (i.e. no removal of doors or hardware, windows, etc.). Basically we still want to be able to lock the place up. 9kic%aet 7. fl'ude City Engineer City of Carmel, Indiana From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Tuesday, September 21, 2010 10:21 AM To: McBride, Mike T Subject: RE: Kirk Property _ 177 W. 106th St. Yes I can, what about the other terms he is requesting, like gutting the house and paying the real estate commission? Want me to address those too? Denise From: McBride, Mike T [mailto:MMcBride@carmel.in.gov] Sent: Tuesday, September 21, 2010 9:45 AM To: Denise McHenry Cc: Engelking, Steve C Subject: RE: Kirk Property _ 177 W. 106th St. Denise, We would like to prepare a counter offer letter for $1,000,000. Can you draft a counter offer letter and send it to me for review before delivery to the Kirks? Thanks, %dad 7. Vicgude City Engineer City of Carmel, Indiana From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Friday, August 27, 2010 9:02 AM To: 'Joseph M. Kempley' Cc: tkirk@kirkfurniture.com; McBride, Mike T; Engelking, Steve C Subject: RE: Kirk Property _ 177 W. 106th St. Thank you for this information, we would also like to see a copy of your listing contract agreement with the owners showing the terms/commission. Denise McHenry, Buyer/Agent 1 From: Joseph M. Kempler [mailto:jkempler@indy.rr.com] Sent: Thursday, August 26, 2010 3:24 PM To: indiana_acquisition@comcast.net Cc: tkirk@kirkfurniture.com; mmcbride@carmel.in.gov; sengelking@carmel.in.gov Subject: Kirk Property _ 177 W. 106th St. Importance: High Ms. Denise McHenry, I have been asked by Mr. Kirk to send the attached, notarized document to your attention. This document states that Mr William Shank was a ready, willing and able buyer for the property located at 177 W. 106th St.... Carmel, IN 46032. Further, I have attached a note sent to Mike McBride in March which aligns with time lines and notarized statement. Over the last year and within the last few months, I continue to get calls from parties who are interested in purchasing this parcel which includes the lovely home, pool, guest home and out -building. I have included several measurement tools we use to chart traffic and interest on properties. I continue to passively market this property in an effort to show this property is highly marketable and desirable. 1. Flits on Realtor.com ... one of the top real estate web sites 2. Traffic to view the visual tour at tourfactory.com 3. Trulia (also see page 2 for valuation) I syndicate to more than 20 other web sites and have been pleased with the results. To date, I have not been included in meetings you have had with the Kirk's and others related to the acquisition. Please note, that I am listing agent through F. C. Tucker Company and this should be considered as the purchase is made. I did have a brief discussion with Mayor Brainard and he said the REALTOR® would receive normal compensation through the process. Just wanted to make sure I am talking to whoever I need to be. I would be happy to talk further about this and/or any of the information that I have included. Thank you and feel free to call or write back. Regards, Joe Kempler, REALTOR®! Broker STACK TO; '. T .CKFA moinr.Tatiklervdcar.cWs REMTORS Click here to see all of my listings Joseph M. Kempler (Joe) 12811 E. New Market Street Carmel, IN 46032 2 1 (317) 575-0400 (Office) (317) 523-6405 (Mobile) (317) 524-7531 (Fax) 3 R Denise McHenry From: Denise McHenry <indiana_acquisition@comcast.net> Sent: Wednesday, August 25, 2010 10:53 AM To: 'BI LLC@ucindy. com' Cc: 'kneville@carmel.in.gov' Subject: Kirk property: Illinois Street Acquisition Attachments: Buyers Report#1 -Total Take-Kirk.doc Faxed to Mr. Tom Kirk @ 317 846-2547 No t. i2degyfi7 M . Ga Please forward my buyers report to anyone who needs this information, thank you Denise McHenry, Buyer Indiana Acquisition 317 841-6560 8-m+de : DDeu48 p3@ kr,com 20 /11!2:4( ales, 4 ea G° 3/7 &I/6- Zs4-7 BUYER'S REPORT PROJECT: Illinois Street PARCEL: # 1 COUNTY: Hamilton Name & Address of Owner: John T. & Edith Kirk 177 West 106` Street Carmel, IN 46032 Phone: 317-695-4082 Name & Address of Person Contacted: Mr. Kirk Property: 1919 Trowbridge High Street Carmel, IN 46032 Phone: Date Assigned: 7/8/2010 Date of initial contact: 7/08/2010 Time: 1:47pm Type of Contact: ( x) Personal Visit (x) Phone ( ) Mail *See attached buyers log for additional owner contacts Date of Appointment: 7/12/10 Time: 2:OOpm Offer $ 850,000.00 Type of Contact: (x) Personal Visit Total Take -Vacant residential Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space: 1. Yes Checked Abstract w/ owner? 2. No Any affidavits taken: Left following papers w/ owners: 3. yes Any mortgage(s)? 4. 5. 6. 7. 8. 9. 10. I1. 12. 13. 14. yes Any liens, judgments, etc.? No Showed plans? Exp. take? Yes Explained about retentions? Any major item retained? Any minor item retained? Yes Walked over property? Yes Owner to pay taxes? Secured Right -of -Entry Secured Driveway R/E N/A E.D.D.? Secured W-9 form? 15. Yes Written offer? 16. Yes Land Acquisition Brochure? 17. Retention Letter? 18. Yes Statement of Just Compensation? 19. Tax memo (interim period)? 20. Receipt of Conveyance Instrument? 21. Copy of Conveyance Instrument? 22. yes Owner's Appraisal Letter? 23. Mortgage Notice? 24. Yes Appraisal? 25. yes Sales Disclosure? Remarks: Total Take Owner(s) compensation is $850,000.00 for 5 acres of permanent right of way of which -0- acres is presently existing right of way and -0- acres is proposed new right of way as well as -0- acres of temporary right of way. Land Improvements included in the offer are: Single — Family dwelling, guest house and small detached garage, landscaping, swimming pool, concrete walks & apron, asphalt drive, brick wall, yard lighting and paver patio. Cost to Cure items are N/A In accordance with IC 32-24-1, you have thirty (30) days from receipt of the offer in which to accept or reject it. Any questions or concerns will need to be addressed immediately and within in the 30 day offer period. If you decide to accept the offer presented, please forward all executed documents to us as soon as possible. If an agreement cannot be reached by the 30 day offer expiration, it will be necessary for us to forward your file to the City of Carmel to begin proceeding with condemnation. Payment will be made within 90 days of acceptance of this offer and after encumbrances are cleared (if any). 7/12/10 Presented the offer in person to Mr. & Mrs. Kirk and brother Tom Kirk present. Status of Parcel: ( ) Secured, ( ) Condemned, ( ) Other Distribution: (x) Parcel (x) Owner ( ) Weekly Summary ( ) Attorney ( ) Specify Other Page 1 of 2 Property Owner Initials Signature: Denise McHenry, Buyer Meeting: 8/19/10 @ 3:00 pm @ 12345 N. Old Meridian Carmel, IN (John Kirk Furniture) In attendance: Owners; Mr. and Mrs. Kirk, brother, Tom Kirk, myself (Denise McHenry) and Carmel City officials, Mike McBride, Luci Snyder and Steve Engelking. Mr. McBride explained to the owners the need of the take, said over the years they have looked at different design options but working with INDOT's overall plan have had to resort back to the City's original design which included the take of this property. Mr. Tom Kirk explained the property has been on the market and they had an offer this year (March 2010) of $1,200,000. But the buyer backed out of the sale because the City would be buying the property for road construction. Mr. Tom Kirk proceeded to explain the land is worth $125,000. Per acre and a 5,000 square foot home should bring approximately $113 per SF. Owners have information from the proposed sale and comparable they will provide us proving the value. In addition to the owners requesting the City pay $1,300,000.00 for the land and improvements, they also desire the City to pay the realtor 3/ 1/2 % commission and be able to gut the dwelling. Owners have paid the delinquent taxes to date and can supply the receipt when needed. Conclusion: Owners will get the value information to me ASAP and the City will look at the information and decide if the offer will increase based upon the information supplied. I advised Mr. McBride that the City should not be involved in the realtor's commission. Buyer, Denise McHenry CC: United Consulting Engineers, Bill Curtis, Michael McBride and Tom Kirk. Denise McHenry From: Denise McHenry <indiana_acquisition@comcast.net> Sent: Tuesday, August 17, 2010 10:32 AM To: 'Neville, Katie' Cc: 'McBride, Mike T'; 'Curtis, Bill' Subject: RE: Illinois Street Early Acquisition Got it, I'm sure the Kirk's will be there. The offer was made 35 days ago, just been waiting to make another meeting that included Mr. McBride. Let's meet @ Kirk Furniture located @12345 N. Old Meridian, Carmel. I'll notify the owner. Thanks Denise, Buyer From: Neville, Katie [mailto:kneville@carmel.in.gov] Sent: Tuesday, August 17, 2010 9:51 AM To: Denise McHenry Cc: McBride, Mike T; Curtis, Bill Subject: RE: Illinois Street Early Acquisition Importance: High Denise, Bill; Has a meeting been set to deliver the offer for the Kirk parcel? Mike McBride would like to attend the meeting. He is available on Thursday 8/19 at 3pm(preferred) or fpm. Please schedule/reschedule the offer meeting for one of these times and confirm the time with me so that I may add it to Mike's calendar. Thank you, Katie Neville Office Administrator City of Carmel Engineering Dept. knevil I e@carmel. in.92y 317.571.2432 A Please consider the environment before printing this email. From: Neville, Katie Sent: Friday, July 09, 2010 8:16 AM To: 'Denise McHenry' Cc: McBride, Mike T; 'Curtis, Bill' Subject: FW: Illinois Street Early Acquisition Denise, Please find attached the current Warranty Deed and a copy of our letterhead. Please see the notes below (from Allen McFearin) regarding this new version of the Deed. Attached is the version Doug has approved after Tammy had looked it over. If there is an entity Grantor, the paragraph for entity Grantor would need to be modified to match the entity, ie., corporation, Ilc, limited partnership, etc. Starting with the warranty deed on Sexton, we now are adding the following paragraph: 1 "Grantor shall be responsible for the payment of all real estate taxes now outstanding against or which otherwise become due and payable for the Real Estate through and including the installment of real estate taxes due and payable through the installment." Right now, it's the November, 2011 installment. Thanks, Katie Neville Office Administrator City of Carmel Engineering Dept. kneville@carmekin.gov 317.571.2432 A Please consider the environment before printing this email. From: tnewport@crossroadengineers.com [mailto:tnewport@crossroadengineers.com] Sent: Thursday, July 08, 2010 4:36 PM To: Neville, Katie; Al McFearin Subject: Re: Illinois Street Early Acquisition Allen - can u reply with the latest deed form approved by Tammy? Sent from my Verizon Wireless BlackBerry From: "Neville, Katie" <kneville@carmel.in.gov> Date: Thu, 8 Jul 2010 13:52:44 -0400 To: Trent Newport<tnewport@crossroadengineers.com> Subject: FW: Illinois Street Early Acquisition Hi Trent, Do you have the current warranty for the Kirk Parcel? If so, can you send it to me? Looks like I just need a copy. Please see emails below for additional details. Thanks, Katie Neville Office Administrator City of Carmel Engineering Dept. kneville@carmel.in.gov 317.571.2432 r Please consider the environment before printing this email. From: McBride, Mike T Sent: Thursday, July 08, 2010 1:47 PM 2 To: Neville, Katie Subject: FW: Illinois Street Early Acquisition Can you secure these items and deliver to Denise ASAP. The current Warranty Deed Document we might want to check with Al McFearin or Trent or if all else fails Tammy Haney. I just don't want to comb back through all the correspondence to figure out which warranty deed we document we settled on... but Al & Trent are using it. Thanks, Mead 7 Dtetialde City Engineer City of Carmel, Indiana From: Curtis, Bill [mailto:BILLC@ucindy.com] Sent: Thursday, July 08, 2010 1:41 PM To: McBride, Mike T Subject: RE: Illinois Street Early Acquisition Mike, Denise McHenry (Indiana Acquisition) has requested the following items: 1) A few sheets of City letterhead for the offer letter 2) A copy of the current Warranty Deed for use with the offer If these items are able to be provided and to minimize turnaround time, can you please have everything sent directly to her office. Indiana Acquisition Attn: Denise McHenry 7623 Farm View Circle West Indianapolis, IN 46256 Please let me know if there are any problems with providing the items above. Denise mentioned she will try to schedule the delivery of the offer for the next few days Thanks, Bill Curtis, PE Project Engineer UNITED CONSULTING 1625 N. Post Road Indianapolis, IN 46219 P: 317.895.2585 F: 317.895.2596 From: McBride, Mike T [mailto:MMcBride@carmel.in.gov] Sent: Thursday, July 08, 2010 12:09 PM To: Curtis, Bill Cc: Neville, Katie Subject: RE: Illinois Street Early Acquisition 3 From: Curtis, Bill [mailto:BILLC@ucindy.com] Sent: Thursday, July 08, 2010 11:04 AM To: McBride, Mike T Cc: Richter, Dave; Rowe, Michael; Hammond, Chris; Richardson, Jeromy; indiana_acquisition@comcast.net Subject: RE: Illinois Street Early Acquisition Michael, 4 : 12345 0124;a,am arel , & 6au tie ' itemeikre , hifeivoOce� BUYER'S REPORT PROJECT: Illinois Street PARCEL: # 1 COUNTY: Hamilton Name & Address of Owner: John T. & Edith Kirk 177 West 106`" Street Carmel, IN 46032 Phone: 317-695-4082 Name & Address of Person Contacted: Mr. Kirk itroperty: 1919 Trowbridge High Street Carmel, IN 46032 Date Assigned: 7/8/2010 Phone: lOt)7S CARP 1:47pm Date of initial contact: 7/08/2010 Time: Type of Contact: ( x) Personal Visit (x) Phone ( ) Mail *See attached buyers log for additional owner contacts Date of Appointment: 7l/ a./i o Time: 42 :OV Offer $ 850,000.00 Type of Contact: (x) Personal Visit 36 d(2t p g/I Z/iO Total Take -Vacant residential Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space: 1. Yes 2. No 3. yes 4. yes 5. No 6. 7. 8. 9. 10. 11. 12. 13. 14. Yes Checked Abstract w/ owner? Any affidavits taken: Any mortgage(s)? Any liens, judgments, etc.? Showed plans? Exp. take? Explained about retentions? Any major item retained? Any minor item retained? Walked over property? Owner to pay taxes? Secured Right -of -Entry Secured Driveway R/E E.D.D.? Secured W-9 form? Left following papers w/ owners: 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Yes Written offer? Yes Land Acquisition Brochure? Retention Letter? Yes Statement of Just Compensation? pJQ� Tax memo (interim period)? `'p Receipt of Conveyance Instrument? /1A Copy of Conveyance Instrument? yes Owner's Appraisal Letter? Mortgage Notice? es Appraisal? yes Sales Disclosure? .561¢/e / /o0, 0oo. eo • Remarks: Total Take Owner(s) compensation is $850,000.00 for 5 acres of permanent right of way of which -0- acres is presently existing right of way and -0- acres is proposed new right of way as well as -0- acres of temporary right of way. Land Improvements included in the offer are: Single — Family dwelling, guest house and small detached garage, landscaping, swimming pool, concrete walks & apron, asphalt drive, brick wall, yard lighting and paver patio. Cost to Cure items are N/A In accordance with IC 32-24-1, you have thirty (30) days from receipt of the offer in which to accept or reject it. Any questions or concerns will need to be addressed immediately and within in the 30 day offer period. If you decide to accept the offer presented, please forward all executed documents to us as soon as possible. If an agreement cannot be reached by the 30 day offer expiration, it will be necessary for us to forward your file to the City of Carmel to begin proceeding with condemnation. Payment will be made within 90 days of acceptance of this offer and after encumbrances are cleared (if any). Status of Parcel: (A Secured, ( ) Condemned, ( ) Other Distribution: (x) Parcel (x) Owner ( ) Weekly Summary ( ) Attorney ( ) Specify Other Page 1 of k Property Owner Initials Signature: Denise McHeniy, I3luyer 7�$Ilo Ca 044 air. k/,n.k. °veld .P.vpla.;„ud ,-hFc C' 4 CAemef hQs eud4ouirgi mce IO �urchao.e -i-ke -ib 14za . 1-4c 5a:01 e.. preyed of a.vrd hap -kr tiA2sazlaakar) -/a- , s; ,Qbe ded c. lei' 19 7rouh/tfcig_t4 -5-Flaj meme/ as 4. m of /'ZZ5 'filled Jo pane -bast /aa -rare 2,+ci -War ea a -J{, y he 4 44 -faxes. 4e has a mot-/9QV bud o4aC.�f-l.Q.xE �i (FAoa cui-l-h s, e �a,'a /u can ( �# `kr • /kcocca�/. )(kits c /r ° 6 r6'Ya res %oca y,9 —Mel ha'" Ale" '4 -/0 y e4 s . stile Ccbxd 1, eve, 000 0 o 9 2cf �f�:o (yr '6-nie . flew rrx � �f w yh /d ci hes , n, 4h.e rno , Fl f {; do d /ha,.e / n'r rF_ _"_7 /LlXFSpa-Y-f/l•• - //f`e'e' a!7 776` 96.2o 7/s/io iC�ek owwer U l9. 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(C o) luakte Ade 74) inittht5'7J gii4A/Y ewzers aired `turn h -c -hare 3e 4 era s 14(r. ) cutin of the/d g fl7r. fie amide {a .1 ozc7 8/0//or�''etio4ds�(0/c de ) Qotd A ‘lroia /� oc* 1t Q/�ddMa-fie 00 .4/ ci#9 At, el -Pe of /48 ,�•eem /r'oez Glc /0.00Aah 4/. u�A1 /ylr. /flc f3zrde are areas y� e°s- i 4W "lend /11f �,oCc ea.eded mr, 64, coc e./a e(a b a -el C(%�a zeal . 9af' %}Ir. 41t %/o& toe , q ce �,y�g„� �*on Unu� ,� /k-cc-f�, t&i1• k , ham -r is . cu' . -7.4d v xd m k7ek • n ^U9S g -d 2de-v v nw +* fl Rl i _pawn? )lro i`ripL rid o tf Pw �� W oo WO ooh I $ -niAD ..- 943Lco7 o . iPin g -,-a , f' 9 ' - fours 101C0 14 •77 if- may; °fi J°°161 a pnx ��►� Uu� aW • Uis7 ym l nov of 719prsrn r J _'noo',Z ":20 000'9 '.:s" • o 'oo2 'I -f Tha -61Lo F71 os—1°c!vUd '71'do/( b1/8 John Kirk Furniture Galleries 12345 Old Meridian Street Carmel, IN 46032 Phone: 317-846-2535 Fax: 317-846-2547 Date: f—? --/o DCOPY To: 722, Fax number: tJ 17 j -656 From: Subject: ,642 Number of pages including cover sheet: 3 Message: 1 'd 8 PF'°N W'VSS 6 CUE 'Z 'srIH 4 July 26, 2010 Steve Engelking Director of Administration City of Carmel One Civic Square Carmel, 1N 46032 RE: 107 West 106"' Street, Indianapolis, IN 46290 Mr. Engelking: Denise McHenry of Indiana Acquisitions delivered her offer on behalf of the City for the above referenced property. As to the amount offered, it appears that we are quite a distance apart. As we both have been engaged in discussions about the City's acquisition of all or part of this property for quite some time, I am sure you have as large a file as I. Nevertheless, I would like to set out the basic issues and time tine. 1. Early in 2000 property owners between Meridian and Springmill heard about a plan to build Illinois Street. 2. In October, 2000 the Illinois Street Corridor Plan was finalized, it then went to the Plan Commission and then to the City Council for hearings and final approval July 16, 2001. This plan shows that the above referenced property would be impacted. 3. In the fall of 2001 we placed the property on the market for $1.5M but removed it from the market when potential buyers were told by realtors who enquired at City Hall that Illinois Street, as shown on the Thoroughfare Plan, would impact this property when built_ 4. We bought another residence and awaited an offer from the City. 5. When no offer came and construction did not move forward, we asked whether or not this road would be built and were assured in a note from you dated November 12,2003, that the plan showed that the future road would indeed "transverse" the property. 6. Unable to sell the property but forced to pay taxes and maintenance, we waited for an offer from the City 7. After repeated inquiries, your leaer of December 6, 2004 confirmed that the City would not take the residence but would take a small amount of the Right of Way thus freeing us to place the property back on the market. 8. Renovation of the Pool House 2005 9. The property was place back on the market in May, 2006 at S1.5M 10. Offer at $ I.2M on or about April T" 2010. 'd 9017'°N W1+gg 6 0(0? d '9nv • 11. Discussion in 2009 and letter from you in April, 2010 stated that Illinois Street and an attendant roundabout was again a possibility and that the City would be making an offer. 12. Offer from the City July, 2010: $850.000. There are many circumstances that impact the value of the property over this period of time. We acknowledge that the house has sat vacant but state that it has been maintained, and moderate renovations to the pool house were completed. We understand that the real estate market is currently depressed but offer that when it was at its highest, we were constrained from selling due to the Thoroughfare Plan. We had an offer of $1.2M and a sound offer is true market value as opposed to an appraiser's assessment. Add to that, taxes and maintenance paid over the years when we wen not able to sell the property totaling $934,310.52, we feel we have an excellent case. I Y101Cin 01010 . Somewhere between your initial offer and our expectations, a reasonable consensus should be reached. I suggest a meeting to reach that consensus without the necessity of respective attorneys. Respectfully, John Kirk July 26, 2010 Cc: James Brainard, Mayor Mike McBride, Carmel City Engineer Lucy Snyder, City Council Rick Sharp, President City Council 8 'd 81fl °r1 WVg9:6 OIOZ lint( Denise McHenry From: Richardson, Jeromy <JEROMYR@ucindy.com> Sent: Monday, August 09, 2010 9:20 AM To: MMcBride@carmel.in.gov Cc: Curtis, Bill; Rowe, Michael; Richter, Dave; indiana_acquisition@comcast.net Subject: Illinois Street, Kirk Property, Meeting Mike, Bill Curtis is on vacation this week. I have spoken with your office and understand you are also out at a seminar all week. Per your request, we would like to set up a meeting with the Kirk's to discuss their property acquisition for Illinois Street. The 30 -day period after the offer was made expires on this Thursday, August 12. We have spoken with the Kirk's and they are very interested in meeting with you. They are available on Wednesday this week and 1 was wondering if you were interested in meeting despite your seminar. Otherwise, we can schedule it for Friday when you come back or early the following week. Please respond with times you would be willing to meet and we will finalize the meeting. Or, if you would like us to just schedule the meeting and you will make yourself available, we can do that too. Let me know. Thanks. Jeromy A. Richardson, P.E. Project Team Leader UNITED CONSULTING 1625 N. Post Road Indianapolis, IN 46219 Ph: 317-895-2585 Fax: 317-895-2596 Cell: 317-339-7117 1 [9LJU.0 o t3 LIUI- D00 -D 0 nal CITY 0 ARMEE, JAMES BRAINAItD, MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: Illinois Street TO: John T. Kirk & Edith Kirk 177 W. 106th Street PARCEL: # 1 COUNTY: Hamilton Carmel, IN 46032 The City of Carmel, Hamilton County, Indiana is authorized by Indiana law to obtain your property or an easement across your property, for certain public purposes. The City of Carmel needs (your property), (an easement across your property) for a public road improvement project known as IIlinois Street and needs to take the (property), (easement) as described on the attached legal description. It is our opinion that the fair market value of the (property), (easement) we want to acquire from you is $ 850,000.00 , and, therefore, the City of Carmel offers you $ 850,000.00 for the above described (property), ( easement). You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the 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: I. By law, the City of Carmel is required to make a good faith effort to purchase (your property). (an casement 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 (your property), (an easement), the City of Cannel has the right to file suit to condemn, and acquire the (property), (easement) in the county in which the property 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. DEPARTMENT Ur I]NGINCEHINT. ONE Civic SQUARE, C.AN]IEL, IN 46032 OFFICE 317. 71.2441 FAx 317.571.2439 BRIAR. ongmccriny,AAci nucl.In.guc Page 2 Project: Illinois Street Parcel: #I 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 (your property), (easement), and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the (property), (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 (property), (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 (property), (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 the final judgment awarded you is less than the withdrawal you have made from the amount deposited, you will be required to pay hack 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 fair market 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 the notice 10. The $ 850 000.00 offer made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest for the property rights being acquired. Any improvements or items within the City's proposed right-of-way which you are responsible for moving must be removed within 30 days of the date you are paid. At the end of the 30 -day period, any items remaining on the City's right-of-way become encroachments. Pursuant to Indiana law, the City has the right to remove any encroachment from its right-of-way after giving the owner proper notice. Further, any costs incurred by the City while removing such items can be assessed to the owner. If you have any questions concerning the removal of items, contact the City of Carmel at the address below. 12. If you have any questions concerning this matter you may contact the City directly, however the City of Carmel would first like you to contact the buyer: Indiana Acquisition @ (317) 841-6560 City of Carmel One Civic Square Carmel, IN 46032 Phone: 317-571-2401 Page 3 Project: Illinois Street Parcel: #1 This offer was made to owner(s): John T. & Edith Kirk of Hamilton County on (Date) of on (Date) BY: (Signature) Denise McHenry, Buyer (Printed Name and Title) Agent for: City of Carmel If you decide to accept the offer of $850,000.00 made by the City of Carmel, sign your name below and mail all otter documents to Indiana Acquisition in the envelope provided. An additional copy of this otter will be provided upon request. ACCEPTANCE OF OFFER 1 (We), John T. Kirk and Edith Kirk, husband and wife landowner(s) of the above described property or interest in property, hereby accept the offer of $ 850,000.00 made by the City of Carmel on this day of 20 John T. Kirk, husband Edith Kirk, wife NOTARY'S CERTIFICATE SI'T'E OF ) ) SS: COUNTY OF ) Subscribed and sworn to before me this My commission expires: day of ,20 My county of residence is: (Signature) (Printed) Notary Public ul�s o c o:•uE au I. Oso nl ®EMD CITY OF CARMEL JAMES BRAINAtD, MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: Illinois Street, TO: John T. Kirk & Edith Kirk 177 W. 106th Street Carmel, IN 46032 PARCEL: # 1 COUNTY: Hamilton The City of Carmel, Hamilton County, Indiana is authorized by Indiana law to obtain your property or an easement across your property, for certain public purposes. The City of Carmel needs (your property), (an easement across your property) for a public road improvement project known as Illinois Street and needs to take the (property), (easement) as described on the attached legal description. It is our opinion that the fair market value of the (property), (easement) we want to acquire from you is $ 850,000.00 , and, therefore, the City of Carmel offers you $ 850,000.00 for the above described (property), ( easement). You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing Tien$ or other problems with title to the 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 (your property), (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 (your property), (an easement), the City of Carmel has the right to file suit to condemn, and acquire the (property), (easement) in the county in which the property 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. DEPARTMENT or ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 F, 317.571.2439 EMIAIL engineering@carmel.m.gov Page 2 Project: Illinois Street Parcel: #1 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 (your property), (easement), and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the (property), (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 (property), (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 (property), (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 the final judgment awarded you is Tess 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 fair market 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 the notice 10. The $ 850,000.00 offer made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest for the property rights being acquired. I (. O(- r 5 Ind( f) a inicaN eSSess ni o[Pte 11. A y impr vements or items within th City's proposed ¶ight-of- moving ust be moved ithin 3 days of e date pe d, any i ems re aining o the City right- way be Indi a law, a City as the ri t to rem the o er pro r notic Furthe any cost be arse ed to wne If you ha e any qu City of el at the address below. Vii/ AhA105-1'1aim. ay w ich ou are r sponsiblt jd. At the nd o he 30 -day oachment . Purs ant to its right- f -way Fier giving removin such ems can al of it s, co act the ve any ncroachl� incurre by the tions concern 12. If you have any questions concerning this matter you may contact the City directly, however the City of Carmel would first like you to contact the buyer: Indiana Acquisition @ (317) 841-6560 City of Carmel One Civic Square Carmel, IN 46032 Phone: 317-571-2401 Page 3 This offer was made to owner(s): John T. & Edith Kirk Project: Illinois Street Parcel: #1 of Hamilton County on 7/Ia/$D/p(Date) of on 4.241A -2-t- � 9 (Date) BY: / iu t Mc -4' (Signature) " Denise McHenry, Buyer Approved offer amount$ 850,000.00 Administrative amount$ 250,000.00 Total Due $1,100;000.00 less 2010 Taxes for 2011$7,000.00 d due p p If you decide to acc$epf theoffer of '850,000.00 and mail all offer documents to Indiana Acquisition in the offer will be provided upon request. Revise (Printed Name and Title) Agent for: City of Carmel made by the City of Carmel, sign your name below envelope provided. An additional copy of this ACCEPTANCE OF OFFER I (We), John T. Kirk and Edith Kirk, husband and wife landowner(s) of the above described property or interest in property, hereby ccept the offer of $ 850,000.00 made by the City of Carmel on this / day of , 20 /0 STATE OF atta- COUNTY OFrgysp of Kir hussb�barid , i, Edith Kirk, wje\ NOTARY'S CERTIFICATE ) SS: Subscribed and sworn to before me this / day of APQaCik/ 20/6 My commission expires: My county of residence is: ) (Signature) ll (Printed) Notary Pu lic 03/08 STATEMENT OF THE BASIS FOR JUST COMPENSATION Code 1. This is a written statement of, and summary of the basis for, the establishment of the amount believed to he, through a valuation process, 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. In accordance with Public Law 91-646 as amended, the "Uniform Act", and as codified in Indiana at IC 8-23-17-1 through 8-23-17-35, 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 records as: • Des: 0 N/A Parcel 1 Road. Illinois St. County Hamilton Owner(s) John and Edith Kirk 3. The area and type of interest being acquired: Fee Simple 5.00 Acres 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. El A total acquisition of the real property. b. 0 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 5850.000 b. Severance Damages (Le.: Setback, Loss in Value to the Residues, etc) g.o- c..Other Damages (Itemize) Cost -To -Cure estimates: 5-0- S 5 Temporary RAN 5 -0 - Total Damages 5-0- d. Perpetual Easement - 5 -0 - Total amount believed to be Just Compensation offered for this Acquisition is: 5850,000 6. The amount in Item 5 above 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: Single-family dwelling, guest house and small detached garage 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: Extensive landscaping, swimmingpool, concrete walks &apron, asphalt drive, bride wall, yard lighting and paver patio 8. Items owned by others (Le.: lessee, tenants, etc.) included in Item 5 above are identified as follows: N/A 9.Remarks: NONE City of Carmel diana Approval: Reviewer. Signature: 4 ! i Name Printed: Title: Date: 7/ OLD/ Signature: Name Printed: Company. Date: ont Don McKee MAI, ARA, SR/WA McKee Appraisal June 25, 2010 EXHIBIT "A" Parcel: 1 Fee Key No. 17-13-11-00-00-003.000 Sheet 1 of 1 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, described as follows: Begin at a point 990.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along said North line 330.0 feet to a point; thence South parallel with the West line of said Northwest Quarter 660.0 feet to a point; thence West parallel with the North line of said Quarter 330.0 feet to a point; thence North parallel with said West line of said Quarter Section 660.0 feet to the place of beginning, containing 5 acres, more or less. The foregoing description was quoted from Deed Book 270 Page 76 in the Office of the Recorder of Hamilton County, Indiana. This description was prepared for the City of Cannel. Indiana by Timothy J. Coomes. Indiana Registered Land Surveyor, License Number 20600004, on the 7 btt—L day of ,June- .2010. STATE OF %�.c..' 9n'D I ASP:-' EXHIBIT RIGHT-OF-WAY PARCEL PLAT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 10-413) 21 ` 990.0' 77 0r 25 50 100 SCALE: In= 100' 330.0' 105th Street SHEET 1 OF 1 ,Key No. 17—i3-11-00-00-003.000, 3.30.0' OWNER : KIRK, JOHN T., ET UX. PARCEL : i CODE PROJECT : ILLINOIS STREET nrun . n".,nir rrnrrr DRAWN BY: R. P. KORNAUS 6-28-10 CHECKED BY: T. J. COOLIES 6-29-10 /r l Form WD -1 WARRANTY DEED 8198 Project: Illinois Street Parcel: #I Page: 1 of 3 THIS INDENTURE WITNESSETH, That John T. Kirk and Edith Kirk, Husband and Wife the Grantor(s), of Hamilton County, State of Indiana Convey(s) and Warrant(s) to the CITY OF CARMEL, the Grantee, for and in consideration of the sum of One Million One Hundred thousand Dollars ($ 1 100,000.00) (of which said sum $ 1,100,000.00 represents land and improvements acquired and $ -0- represents damages) and other valuable consideration, the receipt of which is hereby acknowledged, certain Real Estate situated in the County of Hamilton , State of Indiana, and being more particularly described in the legal description(s) attached hereto as Exhibit "A" and depicted upon the Right of Way Parcel Plat attached hereto as Exhibit "B", both of which exhibits are incorporated herein by reference. This conveyance is subject to any and all easements, conditions and restrictions of record. The Grantor(s) hereby specifically acknowledge(s) and agree(s) that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor(s), or any successors in title to the abutting lands of the Grantor(s), notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee or its successors in title, of a portion or all of the said Real Estate or any right of way, roadway or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor(s) and all successors and assigns. " Grantor shall be responsible for the payment of real estate taxes now outstanding against or which otherwise became due and payable for Real Estate through and including the installment of real estate taxes due and payable through the November, 2011 u. Interests in land acquired by the Indiana Douglas C. Haney Department of Transportation This Instrument Prepared By Grantee mailing address: Attorney at Law One Civic Square y Carmel, IN 46032 GmNlet: Ed;4f, gig*, A " NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OFA ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared John T. Kirk, and Edith Kirk, husband and wife , who acknowledged the execution of the foregoing Warranty Deed for and 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 My Commission Expires: County of Residence: r day of keetinekeeOLO 644u 6L -- Notary Signature Notary Printed Name �N This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 1 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 831464v1 EXHIBIT "A" Parcel: 1 Fee Key No. 17-13-11-00-00-003.000 Sheet 1 of 1 A part of the Northwest Quarter of Section 1 ]. Township 17 North, Range 3 East, described as follows: Begin at a point 990.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along said North line 330.0 feet to a point; thence South parallel with the West line of said Northwest Quarter 660.0 feet to a point; thence West parallel with the North line of said Quarter 330.0 feet to a point; thence North parallel with said West line of said Quarter Section 660.0 feet to the place of beginning,. containing 5 acres, more or less. The foregoing description was quoted from Decd Book 270 Page 76 in the Office of the Recorder of Hamilton County, Indiana. This description was prepared for the City of Camel, Indiana by Timothy J. Coomes, Indiana Registered Land Surveyor, License Number 20600004. on the%gt` day of Ct.) el C. . 2010. U\\\\ J. Cc„;.. 0.`.'•r EXHIBIT "B" . IGHT-OF-WAY PARCEL PAT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 10-413) 990.0' 330-0' 106th Street SHEET 1 OF 1 / EXIST. R/44 2 / fi 0 25 50 100 SCALE: 1"= 1W 0 0 330.0' OWNER KIRK, JOHN T., ET UX. PARCEL : 1 CODE . PROJECT : IWNOIS STREET ROAD : IWNOIS STREET COUNTY : HAMILTON SECTION : 11 TOWNSHIP : 17N. RANGE : 3E. HATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY: R. P. KORNAUS 6-28-10 CHECKED BY: T. J. COOMES 6-29-10 DEED RECORD 270, PAGE 76, DATED 06-19-1973 Dimensior skean are tram the above listed Record Documents. RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY has been executed this / day of ktetfftk, , 2010 by the undersigned John T. Kirk and Edith Kirk, husband and wife ("Grantor") and the City of Carmel, Indiana, an Indiana municipal corporation ("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real estate (the "Grantor Parcel") located in the City of Carmel, Hamilton County, Indiana, which Grantor Parcel is more particularly described in Exhibit "A" & "B" attached hereto and incorporated herein; and WHEREAS, Grantee is involved in a project to construct Illinois Street Improvements Project (the "Project"); and WHEREAS, the Project affects a Total Take of the Grantor Parcel and Grantee needs to acquire fee simple title to the Grantor Parcel which portion (the "Fee Parcel") is more particularly described in Exhibit "A" & "8" attached hereto and incorporated herein by this reference; and WHEREAS, Grantor intends to execute a warranty deed (the "Deed") for the Fee Parcel but desires to enter into this Grant of Right of Entry to allow Grantee to start on the Project until such time as the Deed is fully executed and recorded; and NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the foregoing Recitals, all of which are incorporated herein and the following mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: I. Grant. Grantee shall temporarily forego the exercise of its right of eminent domain with respect to the Fee Parcel because parties believe that they will mutually benefit by an extended time period within which to resolve issues and continue negotiations. Grantor hereby grants and provides to Grantee, its agents, contractors, subcontractors and employees the right to use the Fee Parcel for any lawful purpose related to the Project including, but not limited to, surveying, testing, moving dirt or ground, removal of dirt or ground, landscaping, constructing roadway and any other lawful purpose in connection with the Project as would be permitted if the right-of-way had actually been obtained. Grantee shall not cause damage to the Premises, except the normal and reasonable construction disturbance associated with the project, and upon completion of this work, shall promptly return the Premises to a condition that is equal to or better than its condition prior to this grant of right of entry. 2. Termination by Conveyance. Except as provided in Section 3 below, this Right of Entry shall be irrevocable until such time as the Deed is recorded in the Office of the Recorder of Hamilton County, Indiana at which time this Right of' Entry shall terminate. 3. Termination by Order. Neither party hereto waives any of their rights with respect to the Fee Parcel in the event negotiations fail and it becomes necessary for Grantee to institute eminent domain proceedings via the filing of a condemnation complaint. In such event, however, this Right of Entry shall nevertheless be irrevocable until such time as an Order of Appropriation is issued by the applicable Court having jurisdiction regarding eminent domain matters and such Order is recorded in the Office of the Recorder of Hamilton County, Indiana. 4. Warranty. Grantor, by executing below, hereby warrants that Grantor is the lawful owner of the Grantor Parcel and that there is no encumbrance or other restriction upon Grantor providing this "Right of Entry" to Grantee. 5. Indemnification. Grantee shall indemnify, defend and save Grantor harmless from any and all liability, loss, damage, cost, obligation and expense which arises out of or results from any negligent act, whether of commission or omission, of Grantee, its agents, employees, contractors, subcontractors, licensees or other claiming by, through or under Grantee, occurring in or about the Fee Parcel whether in the exercise of Grantee's rights hereunder or about the Fee parcel whether in the exercise of Grantee's rights hereunder or in breach or excess thereof. IN WITNESS WHEREOF, Grantor and Grantee herein have executed this Grant of Right of Entry as of the day first above written. GRANTOR: GRANTEE: The City of Carmel, Indiana By: John T. Kirk, Husband Printed Name Printed Name BY: tt Edith Kirk. wife Printed Name Denise McHenry i-jW Cm's - hi I l ci uc ncttaryt. n&. ova -La, 317 67/), cV-/ From: Joseph M. Kempler <jkempler@indy.rr.com> Sent: Thursday, August 26, 2010 3:24 PM To: indiana_acquisition@comcast.net Cc: tkirk@kirkfurniture.com; mmcbride@carmel.in.gov; sengelking@carmel.in.gov Subject: Kirk Property _ 177 W. 106th St. Attachments: image002.jpg; image004.jpg; Kirk Property (14.6 KB); Shank Affidavit.PDF; Trulia.com_ 082610.pdf; Visual Tours_082610.pdf; Web Hits Realtor.com_082610.pdf Importance: High Ms. Denise McHenry, I have been asked by Mr. Kirk to send the attached, notarized document to your attention. This document states that Mr. William Shank was a ready, willing and able buyer for the property located at 177 W. 106`h St.... Carmel. IN 46032. Further, I have attached a note sent to Mike McBride in March which aligns with time lines and notarized statement. Over the last year and within the last few months, 1 continue to get calls from parties who are interested in purchasing this parcel which includes the lovely home, pool, guest home and out -building. I have included several measurement tools we use to chart traffic and interest on properties. I continue to passively market this property in an effort to show this property is highly marketable and desirable. 1. Hits on Realtor.com ... one of the top real estate web sites 2. Traffic to view the visual tour at tourfactory.com 3. Trulia (also see page 2 for valuation) I syndicate to more than 20 other web sites and have been pleased with the results. To date, I have not been included in meetings you have had with the Kirk's and others related to the acquisition. Please note, that I am listing agent through F. C. Tucker Company and this should be considered as the purchase is made. 1 did have a brief discussion with Mayor Brainard and he said the REALTOR® would receive normal compensation through the process. Just wanted to make sure I am talking to whoever I need to be. I would be happy to talk further about this and/or any of the information that I have included. Thank you and feel free to call or write back. Regards. Joe Kempler, REALTOR®! Broker 1 Click here to see all of my listings Joseph M. Kempler (Joe) 12811 E. New Market Street Carmel, IN 46032 (317) 575-0400 (Office) (317) 523-6405 (Mobile) (317) 524-7531 (Fax) 2 Contact Info Agent: Joseph M. Kempler (oe) Broker: F.C. Tucker Compan Provided by: talktotucker.com Inquire about this property Your name Joseph M. Kempler (j Your email jkempler@Jindy.m.mm Save this listing to My Favorites 1 was searching on Trulia and found your listing- Please send me more information about 177 W 106th St, Indianapolis IN 46290. Thank you Send email We will never use your personal Information. Privacy policy You might also be interested in... Similar Homes Price Reductions School information provided by Onboard Informatics Copyright (c) 2008 Information is deemed reliable but not guaranteed Copyright 02010 Trutia, Inc. All rights reserved. I 191 Fair Housing and Equal Opportunity View all Help us improve our service—send us feedback Presented By: Joe Kempler & Associates Mobile:(317) 523-6405 Office:(317) 575-0400 Fax:(317) 524-7531 Email: jkempler@indy.rr.com F. C. TUCKER COMPANY - CARMEL Office:(317) 846-7751 Other:(317) 848-3798 Email: carmel@talktotucker.com Total Property Views for: 500 Total Views 400 MLS#: 21001060 Listing Price: 1225000 Listing Features: Address: 177 106Th St W Indianapolis, IN 177 106Th St W Indianapolis, IN 300nnn 200 — 100 — nI I n n 6/6 6/13 6/20 6/27 7/4 7111 7/18 7F25 11/1 Week Ending Weekly Totals Week Property Ending Views 08/29/2010 67 08/22/2010 08/15/2010 08/08/2010 08/01/2010 07/25/2010 07/18/2010 _ 07/11/2010 07/04/2010 06/27/2010 06/20/2010 06/13/2010 06/06/2010 473 430 333 419 423 404 369 336 425 339 340 384 Featured Tours N/A N/A_ N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Featured Homes N/A N/A N/A N/A N/A N/A N/A _ N/A N/A N/A N/A N/A N/A 6/8 8/15 8/2 929 Totals 67 473 430 333 419 423 404 369 336 425 339. 340 384 Monthly T. o_tals Month,.Property Views Aug 201 1,330 Ju12010 1,774 Jun 2010i 1,591 May 2010 _ 2,012 Apr2016 1,772 Mar 2010 1,734 Feb 2010 1,769 Jan 201Q 1,478 Total: 13460 Property Views: Number of times a listing is viewed on REALTOR.com®. Featured Tours: Number of times a REALTOR.com® visitor clicks to view the listing's Featured Tour from either the Search Results Page or the Listing Detail Page. Featured Homes: Number of times a listing appears in one of the eight Featured Homes positions plus the number of times a REALTOR.com® visitor clicks to view the listing when visible in one of the eight Featured Homes positions. 0 Page 3 This offer was made to owner(s): John T. & Edith Kirk Project: Illinois Street Parcel: #1 of Hamilton County of BY: Approved offer amount$ 850,000.00 Administrative amount$ 250,000.00 Total -Due $1,100,000.00 less 2010 Taxes for 2011$7,000.00 Revised duepp p p If you decide to accept the offer of $850,000.000 and mail all offer documents to Indiana Acquisition in the offer will be provided upon request. on 7,/abo/o(Date) on (Date) 4 7 c.14-2( (Signature) Denise McHenry, Buyer (Printed Name and Title) Agent for: City of Carmel made by the City of Carmel, sign your name below envelope provided. An additional copy of this ACCEPTANCE OF OFFER 1 (We), John T. Kirk and Edith Kirk, husband and wife landowner(s) of the above described property or interest in property, hereby ccept the offer of $ 850,000.00 made by the City of Carmel on this / clay of , 2010 STATE OF ��fJ `//- COUNTY Onementii 0144,11;4.<ahusband „ a. Edith Kirk, inn • 1` NOTARY'S CERTIFICATE SS: Subscribed and sworn to before me this / day of My commission expires: My county of residence is: kr�a[L,20/6 (Signature) Dgst kc-# Notary Pu61ic (Printed) 40-(2 0.1. -74r. )77cc/4 co el, JZ :k., rnu ( Ocao Ooo,00 40,11, zinc d /knock( �, oss, b �r�', hov5 1- I c any P 4 �° Jae �� -73-70k- E S c a 8Lu)u✓ Lind Ata %y/uL'i=l2 / 1 Ae-r-u Q (tette 74cr uG 2 ec7 � to fie' cine ,rt -(c -fa 7Jir {'nc f3't rde a -Ns 4171 Com, �' r rea//cJ �s diMmui mole A.P u, S/ X15 -fla. ' l /Mad" f f� C 12a -r y 5 a uk /kr, d 44e' bun/Lir-5.a vlaea ,2o io &Tr a % 4x - -. fl (mLa C KJ4s 0. a, (4 sco, coo Plus Cc.m.n' c o co,., Lo 4A Asa_o-or. eeaQ. ihr 7) Skate 0,not J- Ff in-c..oaasacs o_sE.�.,q kIna+4-La Cen44...;;cm cam,.•k.�B� WQS L - 44 -c -ears. l{�iQiwy e)044-10 GIijoekla ,bo4m ..axe , sone wce/, .fi /1/00,000.-Q9 41&es �� `emc.7/1 2o/' /)2flt /ate afrievee Opifioyawe Z Scm 4' ds icifQ & ? Am4h1 . Oiaaz %fay 7oav, e2 45_a s & away/ ad -11, 093 coo a0 , Ogee Q Glue% io Atac w( u/c-efi $o ,/ 4 bake, M1/&e-1 6re9 Lev/z @ 4W3- /Ws ViCIMAidezA., e wit", a .5zh,e.heyiipx/11 0/df. Ceres 5 & 60- Q / ew aJ %X leceP 1 02,0/v teflaY (Z/its//D ,n7 yrs //acr ��'irL d a„,`' , 6 9' .. a iA/J f$&tplde 4 dbi/eQ' G°67,,& e/ me 04/08 ❑ Value Finding 177 West 106th Street, Carmel, IN APPRAISAL REPORT Code N/A Z Short Form 0 Long Form ❑ Partial Acquisition Type of Property Residential Indicate:(Residential, Cornmercial, Bareland, Farm, Special, Industrial) Location 177 West 106th Street ® Total Acquisition Owner John T. Kirk and Edith Kirk Address 1919 Trowbridge High Street, Carmel, IN Phone 317-695-4082 L• ❑ Tenant ❑ Contract Buyer N/A Address Page 1 of 70 Des # N/A Parcel 1 Road Illinois St./106t St. County Hamilton Phone N/ Land Areas: Before: 5.0 AC After: 0 AC Acquisition 5.0 AC Temp. RNV N/A Perpetual RNV N/A PER N/A 'Access Rights N/A CERTIFICATION OF APPRAISER I certify that, to the best of my knowledge and belief: That I have made a personal observation of the property that is the subject of this report and that I have made a personal field inspection of the comparable sales relied upon in making said appraisal. The property being appraised and the comparable sales were as represented or referenced within the appraisal. That the statements of fact contained in the report are tine and correct. That I understand that such appraisal MAY be used in connection with the acquisition of right-of-way for a project utilizing Federal funds. That such appraisal has been made in conformity with appropriate laws, regulations. policies and procedures applicable to the appraisal of property for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of such items which are noncompensable under appropriate established law. That this appraisal assignment may have called for less than would otherwise be required by the specific guidelines of the Uniform Standards of Professional Appraisal Practices (USPAP), but is not so limited in scope that it may tend to mislead the users of the report. or the public. That I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. That my engagement in this assignment was not contingent upon developing or reporting predetermined results. That neither my employment nor my compensation for completing this assignment is contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of,a subsequent event directly related to the intended use of this appraisal. That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which said property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, was disregarded in determining the compensation for the property. That the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal. impartial, and unbiased professional analyses, opinions. and conclusions. That I have no direct or indirect present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved; or in any benefit from the acquisition of such property appraised. That the owner or a designated representative was afforded the opportunity to accompany me on the property inspection. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the Acquiring Agency or officials of the Federal Highway Administration and I will not do so until authorized by said officials or until I am required to do so by due process of law, or until 1 am released from this obligation by having publicly testified as to such findings. That I have not given consideration, or included in my appraisal, any allowance for relocation assistance benefits. That no one provided significant real property appraisal assistance to the person signing this report with the exception of those signing below. That my opinion of fair market value for the property to be acquired and residue damages. if any, as of the 74 day of June, 2010 , which is the effective date of this appraisal is $850,000.00 based upon my independent appraisal and the exercise of m • rofessional 'ud • ment SUMMARY BEFORE VALUE $ 850,000.00 AFTER VALUE $ 0.00 Named Typed Susan M. Neal Land Taken $ 625 000 00 Land Improvements $ 29,000.00 Improvements $ 196,000.00 Cost -to -Cure $ 0.00 Damages to Residue $ 0.00 Temporary RNV $ 0.00 TOTAL DUE OWNER $ { �x 1850;0001001.kj PRIMARY APPRAISER Signature &AseviA_ 1 Appraisal License # CG69201484 Broker # 1620001271 Date: 6/22/2010 ASSISTED BY Signature Named Typed Appraisal License # Broker # Date: Fee Owner: Address: CLOSING STATEMENT John T. Kirk and Edith Kirk, H/W 177 W. 106th Street Carmel, IN Location of Property: 177 W. 106th Street Carmel, IN 46032 Project: Illinois Street Parcel: #1 Key 17 13 11 00 00 003.000 County: Hamilton Purchase Price: $1,100,000.00 Total Disbursements: 2010 taxes due 2011 - $7,000.00 Mortgage Payoff _ 143, 393.lio Instrument No: 2009-17393 Net Due: $ .35-4,604 k4. Please sign and date in the spaces provided below to acknowledge receipt of payment, and agreement to the amount shown. 11 /J clir .. John T. Kirk and Edith Kirk By POA Thoomv,Kirk, Attorney in Fact Date Denise McHenry From: Denise McHenry <indiana_acquisition@comcast.net> Sent: Thursday, October 21, 2010 9:55 AM To: Mike McBride (mmcbride@carmel.in.gov) Cc: Curtis, Bill Subject: Kirk Property Mr. McBride, I assume you have received the letter sent by the Kirk's attorney, Mr. Bishop yesterday. I left a message asking Mr. Bishop to give me a total dollar amount the Kirk's are willing to accept not just a request for the City to pay a 5b,600.=° commission. It is in my opinion the city has two options, 1. Pay the requested amount. 2. Condemn the property and hope it either appraises less than requested and/or hope the fact that the Kirk's didn't pay taxes for years was based upon their understanding/knowledge the City was going to purchase the property to offset the years it was in limbo.. They are now getting into attorney's fees and if the courts find a favorable award than offered, the City could not only pay the award but be stuck with their attorney's fees up to $10,000.00. Please advise me how you want to proceed. Maybe the Kirks would agree to another independent appraisal and all agree to its appraised value. Just a thought, if it gets condemned, that's what will happen anyway. Sincerely, Denise McHenry, buyer Indiana Acquisition 317 841-6560 1 Denise McHenry From: McBride, Mike T <MMcBride@carmel.in.gov> Sent: Monday, November 08, 2010 11:39 AM To: Engelking, Steve C Cc: Brainard, James C; Haney, Douglas C; Denise McHenry Subject: John Kirk Request to Meet on 11/9/2010 X -MSK: CML=1.501000 Steve, John Kirk called me this moming and requested a time this week to meet. John is still making every effort to resolve this issue before he leaves for Florida for the winter. It sounds as if he is really motivated to get this resolved. In consideration of Veterans Day and the fact that I will be leaving for Denver on Friday for a conference, the only time that looked reasonable was tomorrow afternoon. Are you available to join me for a meeting with Kirk tomorrow afternoon at 2pm? Maybe your and I could also meet sometime prior to the meeting tomorrow to get a recap of the correspondence to date. Thanks, 2/tidindd '7. 71teSt ide City Engineer City of Carmel, Indiana One Civic Square Carmel, IN 46032 P: (317) 571-2441 F: (317) 571-2439 5 :15 Ca. ,7 d @ 5: 15 ask o -,n Lap dc.4e ..J 2Xpl acnt e krie_V'ved - .i.o e- n waist 16)&44- Le oucu» W 4-' f c 40 Vri,J;�e . -i' .Aced + o-nd Said %a waW d .i (1 m,J Le "* Two elstilLtoCK 0(s) ,am Denise McHenry 590 by5 Art). 3,aGI9 yet :°706,5. so iiuwa.fd coptifiTiNielackoice fsl i S From: Denise McHenry <indiana_acquisition@comcast.net> Sent Tuesday, November 23, 2010 1:19 PM To: 'McBride, Mike T' Cc: 'Engelking, Steve C'; Curtis, Bill Subject: RE: Kirk Property - Tax Payments I just re -read the original warranty deed I prepared for the kirks original offer and it states that they will pay the taxes through November 2011. I just hope they understand read that. You may certainly have a third party title company and a closing if that is desired. There is additional expenses involved, title policy, closing fees and recording cost. Is that what you desire? I will be more than happy to attend the closing on behalf of Carmel. I can also do what I normally do which is prepare the offer documents, get them signed, submit to United to give to Carmel for processing and payment and once the check is ready, go to the bank and pay them off, obtain a satisfaction and get a paid receipt from the Kirk's showing all taxes have been paid through November 2011. Their bank will reimburse the Kirks the difference and then someone needs to record the documents. This is at no additional cost to Carmel. Please advise, Denise Mchenry, buyer From: McBride, Mike T [mailto:MMcBride@carmel.in.gov] Sent: Tuesday, November 23, 2010 12:56 PM To: Denise McHenry Cc: Engelking, Steve C Subject: RE: Kirk Property - Tax Payments Denise, I'm quite aware of the fact that you are not a title company. We typically work with a third party Title Company to handle a closing if one is deemed necessary which we typically perform in instances of a total take. We also typically request that the Title Company provide title insurance for the amount of the take in the case of a larger acquisition. If you feel that this is in contradiction to the State/Federal standard for land acquisition, 1 would be interested in knowing that; otherwise, I would expect that you would want to make every effort to meet both the State's and your client's land acquisition requirements. I am willing to forgo the City's formal closing and title insurance requirement; however, I will need an estimate of the taxes that will remain to be paid following the transfer of the title and the recording of the deed. If the City is expected to pay the agreed purchase price and the tax payments due over the next year, we WILL need to understand what that tax obligation will be. I'm sure that this tax estimate can be easily ascertained from the County Assessors Office. Thanks, ZVlidad '7. Wu City Engineer City of Carmel, Indiana From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Monday, November 22, 2010 10:45 AM To: McBride, Mike T Subject: RE: Kirk Property - Tax Payments I don't do formal closings, I'm not a title company. I have no idea how to estimate tax to the day of a closing. INDOT doesn't have closings and takes tax liability by the installments due and if the check is ready before the end of this year, INDOT would assume taxes for next year. One more year of tax installments might be due before they are taken off the 1 Denise McHenry From: Denise McHenry <indiana_acquisition@comcast.net> Sent Monday, November 22, 2010 9:25 AM To: 'Engelking, Steve C'; 'McBride, Mike T' Cc: 'Curtis, Bill' Subject: RE: Kirk Property So are you saying Mr. Kirk owes nothing more on property taxes assuming he has paid the November 2010 installment? Denise McHenry From: Engelking, Steve C [mailto:SEngelking@carmel.in.gov] Sent: Monday, November 22, 2010 7:47 AM To: Denise McHenry; McBride, Mike T Cc: Curtis, Bill Subject: RE: Kirk Property As for liability, since it will be City Property, I assume that the City will be exempt, but may have to pay for a year in arrears. Presumably those taxes will come from the same source as the payment for the property?? From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Friday, November 19, 2010 6:23 PM To: Engelking, Steve C; McBride, Mike T Cc: 'Curtis, Bill' Subject: RE: Kirk Property I can have the paperwork done and signed by Mr. Kirk before he leaves town, he will pay off his mortgage and I'll obtain a satisfaction. The only other issue is when the city of Carmel will take over Tax liability. Sincerely, Denise McHenry, Buyer Indiana Acquisition 317 841-6560 From: Engelking, Steve C [mailto:SEngelking@carmel.in.gov] Sent: Friday, November 19, 2010 2:56 PM To: McBride, Mike T; Denise McHenry Cc: Curtis, Bill Subject: RE: Kirk Property You covered it all, perfectly from my perspective. I think your comments are complete and accurate. Thanks for the effort by all. Please keep me in the loop on progress. From: McBride, Mike T Sent: Friday, November 19, 2010 2:53 PM To: 'Denise McHenry'; Engelking, Steve C Cc: Curtis, Bill Subject: RE: Kirk Property Denise, Mr. Kirk summarized our meeting correctly. The City agreed to settle this acquisition for the purchase price of $1,100,000. We also agreed that Mr. Kirk could remove items from the home up to the date of vacation as long as the 1 security of the structure was not compromised (i.e. if doors or windows were removed, the openings would need to be boarded up at the Kirks' expense, etc.). The City agreed not to require Kirk to vacate the premises until late spring of next year. As the City does not intend to begin construction on the Illinois St. project until 2012, I feel that the City will not need to require the Kirk's to vacate the property until June 18', 2011. I also told Mr. Kirk that it might be difficult to get this done'before Thanksgiving. The Kirk's informed me that Tom Kirk has Power of Attorney and has the authority to sign on John Kirk's behalf. Therefore, I expect that we will be working directly with Tom Kirk while John is in Florida. Steve — Is there anything that I am missing based on our meeting with the Kirks? Thanks, Nitta 7. litaudc City Engineer City of Carmel, Indiana From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Wednesday, November 17, 2010 2:53 PM To: McBride, Mike T Cc: Curtis, Bill Subject: Kirk Property Mr. Kirk called today and said the City has agreed to settle the Illinois Street project for $1,100,000.00 plus he can remove any items from the property as long as he boards up the place. I told him I have not heard from you and I'd follow up. He leaves town in a week. Please advise. Denise McHenry, Buyer Indiana Acquisition 317 841-6560 2 --77,Krie k vl'a 7px- ?4'G -as47 Denise McHenry From: McBride, Mike T <MMcBride@carmel.in.gov> Sent Monday, November 29, 2010 9:36 AM To: Denise McHenry Cc: Curtis, Bill; Neville, Katie; Engelking, Steve C Subject RE: John Kirk Property X -MSK: CML=1.001000 That is sad news. Just keep me in the know. Thanks, litaael 7 W tc&tde City Engineer City of Carmel, Indiana From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Monday, November 29, 2010 9:23 AM To: McBride, Mike T Cc: 'Curtis, Bill'; Neville, Katie; Engelking, Steve C Subject: RE: John Kirk Property Thank you, Mr. Kirk ended up in the hospital on Thanksgiving. I will continue the offer arrangements with Tom Kirk so Mr. Kirk can re -cooperate. Sincerely, Denise McHenry, Buyer Indiana Acquisition From: McBride, Mike T [maiito:MMcBride@carmel.in.govj Sent: Monday, November 29, 2010 9:05 AM To: Denise McHenry Cc: Curtis, Bili; Neville, Katie; Engelking, Steve C Subject: RE: John Kirk Property Denise, 1.164de- lif Z?/'ro DeAii X Please have Mr. Kirk go ahead and pay the taxes currently due in the amount specified ($3,261.00) before the Dec. 10, 2010 date. As for taxes due in 2011, I think using an estimate of $7,000.(the approximate median payment due based on the projected rates below) for 2011 taxes would be a reasonably safe bet. The $7,000 should be recognized as the accepted estimate of 2011 taxes in the settlement/purchase agreement. If the County Treasurer will accept an early payment, I suggest that this $7,000 2011 Tax Estimate amount be deducted from the payment to the Kirks and the City will cut three checks at the time of closing (Kirks, Mortgage Holder, County Treasurer) and make this estimated payment of 2011 Taxes to the County Treasurer. The City then would accept responsibility for any shortfall in the 2011 Tax payment and would benefit from any over payment of 2011 Taxes. Either way the Kirks are free of tax liability on this property once the transfer documents are signed and the City owns the property. Anyone else have any thoughts on this? %dad 7 Iltaaid City Engineer Denise McHenry q4 X547 From: Dixie A. Packard <Dixie.Packard@hamiltoncounty.in.gov> Sent Wednesday, November 24, 2010 4:27 PM To: 'indiana_acquisition@comcast.net Subject: John Kirk Property X -MSK: CML=1.501000 Denise, If the Property Taxes for November 2010 are paid by December 10'", the total due is $3,261.00. As for Property Taxes due in 2011, disregard what I told you earlier. The School Referendum does not kick in until taxes payable in 2012 nor does the annexation into Carmel. If I calculate the 2011 Property Taxes based on the 2010 rate (1.17) they are the same as 2010 which was $6,211.42 annually. After several conversation with the County Auditor regarding projecting what the tax rate might be for 2011, the best we can come up with is a 1.44 tax rate. This would equate to annual taxes of $7,682.00 due in 2011. The County Treasurer will accept payment in advance. However, if there is an overage, it will be refunded to the new owner, which would be City of Carmel. If there is a shortfall, it would need to be addressed when the City gets the Tax Bill. The City will get the bill because they will be the owner as of March 1 2011 even though the taxes are for March 1, 2010. I would suggest the parties involved agree to put a certain amount in escrow until the tax bill is issued and the exact amount is known. Then, if John Kirk owes more, he knows exactly how much more and if he has over paid, he can be reimbursed. The exact amount is impossible to calculate at this time. Something between 6,211.42 and 7.682.00 is the best I can do. Dixie Packard, Manager Clay Twp. Assessing Office (09s- (cu Tom Denise McHenry From: Denise McHenry <indiana_acquisition@comcast.net> Sent: Tuesday, November 23, 2010 5:19 PM To: 'McBride, Mike T' Cc: Curtis, Bill Subject: RE: Kirk Property - Tax Payments I have a call into Dixie Packard @ Trustee's office to see what the tax estimate is and if it can be pre -paid. If not, we will deduct this amount from the offer. I'll keep you informed. The Kirk's will meet me before the end of the week to sign the new documents. Thank -you, Denise McHenry, Buyer Indiana Acquisition From: McBride, Mike T [mailto:MMcBride@carmel.in.gov] Sent: Tuesday, November 23, 2010 2:54 PM To: Denise McHenry Cc: Engelking, Steve C; Curtis, Bill Subject: RE: Kirk Property - Tax Payments This is exactly the issue that we are trying to avoid. Almost every time the property owner agrees to pay future taxes due, when the bill actually arrives (even if it is delivered to the correct individual/entity which often it isn't), it often does not get paid. Then the City has to deal with the administrative issues surrounding the payment of delinquent tax payments because the City, as the owner of the asset, is the only one on the hook. I am willing to forgo the formal closing; however, we either need to make doubly sure that the Kirks know that they will continue to get tax bills for which they will be responsible through 2011 and identify in the deed the person to contact (Tom Kirk) for collection or we will need to deduct the amount of the estimated taxes from the payment and the City will pay the tax bills when they come due. This is a discussion/clarification that you will need to have with the Kirks at the time of the signing of the transfer documents. Thanks, 7t&dael 7, NeSt de City Engineer City of Carmel, Indiana From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Tuesday, November 23, 2010 1:19 PM To: McBride, Mike T Cc: Engelking, Steve C; Curtis, Bill Subject: RE: Kirk Property - Tax Payments I just re -read the original warranty deed I prepared for the kirks original offer and it states that they will pay the taxes through November 2011. I just hope they understand read that. You may certainly have a third party title company and a closing if that is desired. There is additional expenses involved, title policy, closing fees and recording cost. Is that what you desire? I will be more than happy to attend the closing on behalf of Carmel. I can also do what I normally do which is prepare the offer documents, get them signed, submit to United to give to Carmel for processing and payment and once the check is ready, go to the bank and pay them off, obtain a satisfaction and get a paid receipt from the Kirk's showing all taxes have been paid through November 2011. Their bank will reimburse the Kirks the difference and then someone needs to record the documents. This is at no additional cost to Carmel. Please advise, Denise Mchenry, buyer Denise McHenry From: Denise McHenry <indiana_acquisition@comcast.net> Sent: Wednesday, December 01, 2010 9:56 AM To: McBride, Mike T Subject: Kirk meeting I'm meeting with Tom Kirk, acting POA for the owners @ 2:30 today. They have requested to vacate the property @ 177 West 106`h street Carmel, IN 46032 on August 1, 2011. Will the agree with this? All taxes have been paid to date. 1 have receipts. $7,000.00 will be deducted from amount due to owners so the City can pay them when due. 1'11 need to know when the checks will be ready so I may obtain a pay-off amount from the lender. Sincerely, Denise McHenry, Buyer Indiana Acquisition Fee Owner: Address: CLOSING STATEMENT John T. Kirk and Edith Kirk, H/W 177 W. 106th Street Carmel, IN Location of Property: 1 7 7 W. 106th Street Carmel, IN 46032 Project: Illinois Street Parcel: #1 Key 17 13 11 00 00 003.000 County: H am i l ton Purchase Price: $1,100,000.00 Total Disbursements: 2010 taxes due 2011$7j,00A,K0'O�a 393. Mortgage Payoff -r ,._._1 Instrument No: 2009-17393 '743,393.1(0 Net Due: Please sign and date in the spaces provided below to acknowledge receipt of payment, and agreement to the amount shown. $ 34.4,00(..f¢ •/ " tf' Air 46' Ur John T. Kirk and Edith Kirk By POA 77]pfj.Kirk, Attorney in Fact Date 4, altime74. 7zd. Page 3 This offer was made to owner(s): John T. & Edith Kirk Project: Illinois Street of Hamilton County of BY: Approved offer amount$ 850,000 00 Admi'nirstrative a tnount$;,250;cop 0rD079 Total Duey 0 p' `'''"$1 t1'00"00":00-3 less 2010 Taxes for 2011$7,000.00 Revised due0 p p If you decide to accept the offerr of $8050,000.00 and mail all offer documents to Indiana Acquisition in the offer will be provided upon request. Parcel: #1 on 7//a/a,p/p(Date) on (Date) (Signature) Denise McHenry, Buyer (Printed Name and Title) Agent for: City of Carmel made by the City of Carmel, sign your name below envelope provided. An additional copy of this ACCEPTANCE OF OFFER I (We), John T. Kirk and Edith Kirk, husband and wife landowner(s) of the above described property or interest in property, hereby ccept the offer of $ 850,000.00 made by the City of Carmel on this / day of emit, , 200 STATE OF NOTARY'S CERTIFICATE COUNTY Ou,Q ) SS: Subscribed and sworn to before me this / day of ki &Like ,20 f 6 My commission expires: My county of residence is: /,,16/7 1/4-1712-44)--)1 —7114-a (Signature" ) Dom! k4# (Printed) Notary Pu tic REV -29 STATEMENT OF THE BASIS FOR JUST COMPENSATION Code N/A 4/21/08 1. This is a written statement of, and summary of the basis for, the establishment of the amount believed to be, through a valuation process, 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. In accordance with Public Law 91-646 as amended, the "Uniform Act", and as codified in Indiana at IC 8-23-17-1 through 8-23-17-35, 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 oI 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 records as: Des. # N/A Parcel 4 Road Illinois Street County Hamilton Owner(s) Vance A. & Roslyn L. Noble 3. The area and type of interest being acquired: 0.432± Acre (18,818± S.F.); Fee Simple Estate 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. 0 A total acquisition of the real property. b. 0 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 5 165,000 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc) S N/A c. Other Damages (Itemize) Cost -To -Cure estimates: N/A S N/A s S s Temporary RNV S N/A Total Damages Total amount believed to be Just Compensation offered for this Acquisition is: S N/A S 165,000 6. The amount in Item 5 above 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: Single -Family Residence & Storage Shed 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: Asphalt Drive, Frame Fence, Brick Walk, Lawn Area and Various Landscaping. 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: N/A 9.Remarks: The contents of this form relate to a Short Form Appraisal Report (under separate cover) prepared by Burrell Appraisal Service, Inc. with an effective valuation date of 11/1/2011. Acquiring Ager : City of Carmel Reviewer: Signature: . - . Signature: Name Printed: 5 C r ��sJ . Name Printed: Title: r �i'LS / Company: Date: Date: a First Merchants Bank January 18, 2011 Treasurer of Hamilton County Hamilton County, Indiana Courthouse Noblesville, Indiana 46060 RE: John and Edith Kirk To Whom It May Concern: 10333 N. MERIDIAN STREET, SUITE 350 INDIANAPOLIS, IN 46290 COMMERCIAL LOAN DIVISION This letter serves as notification that a certain mortgage by and between First Mcrchants Bank, N.A. and John and Edith Kirk, dated September 24, 2007 in the amount $1,000,000.00, recorded as mortgage instrument #2007-17393 in the Office of Hamilton County, Indiana Recorder will be released upon receipt of check #2168120 dated January 11, 2011, for $1,093,000.00. The actual payoffs of loans #3035492 & #3035506 thru January 18, 2011 are as follows: Loan #3035506: (per diem: $52.78) Principal: $380,000.00 Interest: $3,905.55 Late Charge: $ 627.89 Subtotal: Loan #3035492: (per diem: $70.93) Principal: $352,211.36 Interest: $3,125.76 Late Charge: $3,522.60 Subtotal: Grand Total: $384,533.44 $358,859.72 $743,393.16 FIRST MERCHANTS BANK, N.A. WWW. FIRSTMERCHA NTS.COM First Merchants Bank appreciates the opportunity to be of service to you. The actual satisfaction of mortgage will be effected by our operations department upon the processing of the payoff. Thank you for your time and consideration. If you should have any questions, please do not hesitate to contact me. Respectfully, Gregory + . Lentz Vice President First Merchants Bank 10333 North Meridian Street, Suite 350 Indianapolis, Indiana 46290 gl entz@firstmerchants. coin 317-443-1865 (cell) W W W.FIRSTMERCHANTS.COM SATISFACTION OF MORTGAGE This Certifies, That a certain Mortgage executed by JOHN T KIRK AND EDITH LURK to First Merchants Bank, N.A. on September 13, 2007, calling for $1,000,000.00 and recorded in Mortgage Record No. 2007-54599 and Re -Recorded in Mortgage Record No. 2009-17393, in HAMILTON County, State of Indiana, has been fully paid and satisfied, and the same is hereby released. WITNESS my hand and seal, today, January 18, 2011. First Mer bents Bank, N.A., 200 E. Jackson, Muncie, IN 47305 / GREGORY �//. LLNT7., Vice Preside)/ State of Indiana, Hamilton County, ss: Before me, the undersigned, a Notary Public in and for said County, today January 18, 2011, GREGORY W. LENTZ, Vice President, First Merchants Bank, N.A. acknowledged the execution of the annexed satisfaction of mongage. Witness my hand and official seal. sc, ANNE L. CURRAN •'3J}, NO TARY HAMILTONIC COUNTY t- NA u Commission Expires lrAr My Apri126.2014 Anne L. Curran, Notary Public DOCUMENT PREPARED BY CINDY COOK 1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law CINDY COOK.