HomeMy WebLinkAboutIllinois Street Extension - Estate of Marianne AckmannJAiAIES BRAINARD; MAYOR
tL
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
The Estate of Marianne M. Ackmann
c/o Elizabeth A. Elias
Hall Render Killian Heath &
Lyman, P.C.
One American Square
Suite 2000
Box 82064
Indianapolis, Indiana 46282
DATE:
PROJECT:
PARCEL:
FEE SIMPLE
September 18, 2012
Illinois Street Extension
Project No. 10-10
6
PARTIAL 0.436 acres
The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your land for certain
public purposes.
The City of Carmel needs your property for a public improvement. In this instance, the City of
Carmei needs your land for the public improvement project entitled Illinois Street Extension,
Project No. 10-10 and needs to take the land as described on the attached land plat and legal
description. See Exhibit A and Exhibit B.
It is our opinion that the fair market value of the property we want to acquire from you is
529,100.00 and, therefore, we offer you 529;100.00 for the above-described property. 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 alter signing the documents accepting this offer and
executing the appropriate instruments, and provided there are no difficulties in clearing liens or
other problems with title to land. Possession will be required thirty (30) days after you have
received your payment in full.
DEPARTMENT OF ENGINE Ri C
ONE CIVIC SQUARE, CARMEL, IN 46052 Ori cr 317.5712441 Pic 3175712939
E.�i4IL en,zinccing 'cannelto 5oc
HERE IS A BRIEF SUN4 IARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
By law. the City of Cannel is required to snake a good faith effort to purchase 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; the City of Carmel has the right to the suit to condemn and acquire the property in the county in
which the real estate is located.
4. You have the right to seek advice of an attorney, real estate appraiser, or any other person of your choice
on this matter.
5. You may object to the public purpose and necessity of this project.
6. if the City of Cannel tiles a suit to condemn and acquire your property, and the court grants its request
to condemn, the court wilt then appoint three appraisers who will make an independent appraisal of the
property
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 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. You
may, subject to the approval of the cows, make withdrawals from the amount deposited with the court.
Your withdrawal will in no way affect the proceedings of your case in court, except that, if final judgment
awarded is less than the withdrawal you have made from the amount deposited, you will be required to
pay back to the court the amount of the withdrawal in excess of the amount of the final judgment.
9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present
legal evidence supporting our opinions of the value of the property. The court's decision may be marc
or less than this offer. You may employ, at your cost; appraisers and attorneys to represent you at this time
or at any time during the course of the proceeding described in this notice.
10. If you have any questions concerning this matter, you may contact Associated Right of Way Services at
1.311 N. Arlington Avenue, Suite 209, Indianapolis, Indiana, 46219, or telephone 322-0489.
This offer was made to the owner. The Estate of Marianne ASI. Ackmann, of Hamilton County, Indiana, on the
day of . 2012.
Allen D. McFearin
Acquisition Specialist
Agent, City of Carmel, Indiana
Offer made by Certified Mail 7009 1680 0000 2614 4204
If you decide to accept this offer of 529.100.00, sign your name below and mail this Form to the address indicated
above. An additional copy of this offer has been provided for your file.
ACCEPTANCE OF OFFER
The Estate of Marianne M. Aclinann, landowner of the above-described property or interest in property,
hereby accepts the offer of 529,100.00 made by the City of Cannel on this day of
2012.
BY
Signature
Printed
Title
NOTARY'S CERTIFICATE
STATE OF
)SS:
COUNTY OF
Subscribed and sworn to before me this day of .2012.
My commission expires:
County of residence:
Signature
Printed
JAMES BRAIN RD, MAYOR
,,e:ry .w css>rk, wri cr gnat. sir tto . us•
$ENDER FCOMPP ITHI SECCTlO
v Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
E Print your name and address on the reverse
so that we can return the card to you.
e Attach this card to the back of the rnailpiece,
or on the.front if space permits.
COMPLEWHIS SECT, ON DELIV PY'i
:Z..ICee i;'E7`d g'C ie t bile t%` 1Y"k33eViN til'
A. gnature
11. Article Addressed to:
Ti;e Ks-cfz eF /plc, , ohne M.
c/J ^/,Z«Ze A. EI,43
</n// fLtA i -Ie.; Lh
e..1 �)r Mu.n, 7?C.
U.✓e ;q rWil N d`UvA.2"
I $� 2 2
is 5'2 J�`�
/,v "] 1.4r/v/ipJp1 c I,J
2. Article Number
(transfer from service label)
yGzs'a
Rec, ved by (Printed Name)
Agent
❑ Addressee
C. Date of Delivery
D. Is delivery address different from item 17 0 Yes
If YES, enter delivery address below: 0 No
3.S Ice Type..
Certified Mail
❑ Registered
0 Insured Mail
0 Express Mail
O Return Receipt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
7009 1680 0000 2614 4204
0 Yes
PS Form 3811, February 2004
2-
o 0
ru
d-
r -1 rR
.0
RJ
I 0
' 0
i 0
1 0
0
,a
0
0
0
r
Domestic Return Receipt
‘..n^ Gr"
',p.t :e e
eU S Postal ServlceXf
CERT jlJ ),�1141�ii1L* R 9! T ";
NProyv
,(Dome;tltMally)t8nly n`�suranceuCogerage lded)g
EFth4cifvery inidomonvtslijuurmbs}eaywww uses cotriv,N s 1-,
SE
SfiFF:F
(r,'
Af-fOrit
1+Vt II
d7a
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Rosidcted Delivery Fee
(Endorsement Required)
Total Postage E. Fees
S
001.2
Postmark
Here
Sent To _.
Street, Apt No.;
or PO Box No.
7g j c?c /6/.,/'. tick( _fr/f
City State, ZIP.4
Fl rm3e00;Aueuc120o6 if ra e!v
zaisiageif
tru'c'tlons'�'
102595-02-M-1540
DEPARTMENT OF ENGINEERING
ONE C SQUARE, CARMEL, IN 46032 OFFICE 31757124=1 FAN 317571.2439
EMAIL eneineermgFucar:nel.in.goc
ACCEPTANCE OF ADMINISRATIVE SETTLEMENT
The Estate of Marianne M. Aclnann, landowner of the property or interest in property
described in Exhibit A and Exhibit B, which are attached hereto and incorporated herein,
hereby accepts the a ninistrative settlement of 534,000.00 made by the City of Cannel en
this /Z day of 4et44 , 2013.
'The Estate of Marianne M. Acl:mann:
BY:
.lamefs 11. Elias
Special Administrator by Letters of Special
Administration for the Limited Purpose of
Transacting Condemnation Proceedings
Against Estates Real Property dated
December 1 1. 2012
Cause No. 29D03 -1206 -EU -246
STATE OF INDIANA
COUNTY OF MariCY1
NOTARY'S CERTIFICATE
)SS:
Subscribed and sworn to before melthisVK
My commission expires: 0( 4-0 %
County of residence: Mari o n
cadayof.3cowl
, aoa-0
. 2013.
Signature
LETTERS TESTAMENTARY
(UNSUPERVISED ADMINISTRATION)
r
Cause No. 291)03 -1206 -EU- �i '
STATE OF INDIANA, HAMILTON COUNTY, SCT:
To Whom These Presents Shall Come, Greeting:
1, Peggy Beaver, Clerk of the Hamilton Superior Court #3, Within and for said County of
Hamilton, in the State of Indiana, do hereby certify that Letters Testamentary of the Estate of
Marianne M. Acktnann, late of Hamilton County, deceased, who died testate, are hereby
granted to Elizabeth A. Elias and, having qualified and given bond as such personal
representative Elizabeth A. Elias is duly authorized to take upon herself the administration of
such estate, without court supervision, according to law.
WITNESS my hand seal of said Court, at Noblesville, Indiana,
This , 2012
JUN 6 2U12
6
Ir/Pe ` -i" j te2/1A " ,Clerk
C ERK OF COURTS
LETTERS OF SPECIAL ADMINISTRATION
FOR THE LIMITED PURPOSE OF TRANSACTING CONDEMNATION
PROCEEDINGS AGAINST ESTATE'S REAL PROPERTY
(UNSUPERVISED ADMINISTRATION)
Cause No. 29003 -1206 -EU -246
STATE OF INDIANA, HAMILTON ON COUNTY, SCT:
To Whom These Presents Shall Come, Greeting:
I, Peggy Beaver, Clerk of the Hamilton Superior Court No. 3, Within and for said County
of Hamilton, in the State of Indiana, do hereby certify that Letters of Special Administration of the
Estate of Marianne M. Ackmann, Late of Hamilton County, deceased, who died testate, are
hereby granted to James R. Elias and, having qualified such special administrator James IL
Elias is duly authorized to take upon himself the administration of such estate for the limited
purpose of transacting condemnation proceedings against the Estate's real property located at 330
W. 106th Street, Carmel, Indiana (Hamilton County), executing documents, titles and other
instnunents necessary therefor, and receiving payment and delivering such payment to the
Personal Representative.
WIITNESS my hand and seal of said Court, at Noblesville, Indiana,
1�\1
This c tC , 2012
#31 aeW146d7
S
11/, IND I AN P o`;
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
HAMILTON COUNTY SUPERIOR COURT'
CAUSE NO. 29D03 -1206 -EU -246
In Re the Unsupervised Administration of the
ESTATE OF MARIANNE M. ACKMANN
C 10 201Z
`1-11ai0N ERH ofF v "'
SUPEAlORE CRURI
ORDER APPOINTING SPECIAL ADMINISTRATOR FOR LIMITED PURPOSE OF
TRANSACTING CONDEMNATION PROCEEDINGS ON BEHALF OF ESTATE
This matter comes before the court on Petitioner's Petition for Appointment of Special
Administrator for Limited Purpose of Transfering Real Property Pursuant to Condemnation
Proceedings by the City of Carmel, and the Court, being duly advised, finds the same should be
and hereby is GRANTED.
IT IS THEREFORE ORDERED that James R. Elias is appointed a Special Administrator
for the limited purpose of executing any and all documents, titles or other instruments necessary to
transact a condemnation proceeding against the Estate's real property located at 330 W. 106th
Street, Carmel, Indiana (Hamilton County), receiving payment therefore and delivering payment
to the Personal Representative, and any and all acts necessary to conclude such condemnation
transaction on the Estate's behalf. FURTHER, the Special Administrator shall submit his report to
this Court upon conclusion of such condemnation proceedings.
SO ORDERED this day of December, 2012..
Judge, Hamilton County Superior Court #3
Distribution:
Veronica Jarnagin
1329 Randall Road
Indianapolis, IN 46240
RECD DEC 1 0 2017
STATE OF INDIANA ) HAMILTON COUNTY SUPERIOR COURT
) SS:
COUNTY OF HAMILTON) CAUSE NO. 29D03 -1206 -EU -246
In Re the Unsupervised Administration of the
ESTATE OF MARIANNE M. ACKMANN
OATH
NF1 LE
OEC - 6 20122E0"12 )
6)2�OM1 SUPERIOR CpUp
I swear that I will faithfully discharge the duties of my charge as Special Administrator of
the Estate of Marianne M. Ackmann, deceased, according to law.
Jame
DULYENTERED FOR TAXATION
Subject to final acceptance for transfer
qday , 20B.
Thar a Audita d Santikon Courity
Parcel #
Co�1�
Project: Illinois Street Extension
Project No. 10-i0
Parcel. 4
WARRANTY DEED
TI -IIS INDENTURE WITNESSETH TFIAT The Estate of Marianne M. Acknatm BY James R. Elias,
Special Administrator (individually and collectively the "Grantor.), convey and warrant to the City of Carmel.
Indiana (the "Grantee"), for the sum of Thirty-four Thousand and 00/100 Dollars (334.000.00) (of which said
sum 331,500.00 represents land and improvements acquired and S2,500.00 represents damages) and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described
real estate in Hamilton County, State of Indiana:
See attached Exhibit A and Exhibit 13, which are attached hereto and incorporated herein
subject to anv and all easements, agreements, restrictions and other matters of record.
The Grantor hereby specifically acknowledges and agrees that the Real Estate conveyed herein is
conveyed in fee simple and that no reversionary rights whatsoever shail remain with the Grantor, or any
successors in title to the abutting lands of the Grantor, notwithstanding anv subsequent abandomnent, vacation,
disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee or his 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 and all successors and assigns.
As an inducement for the Grantee to close this real estate transaction, the Grantor assumes and agrees to
pay the 2011 real estate taxes and assessments payable in 2012, the 2012 real estate taxes and assessments
payable in 2013 and any and all delinquent real estate taxes, interest and penalties on the above described real
estate. This obligation to pay shall survive the said closing and shall be enforceable by the Grantee in the event
of any non-payment.
� X7'3
IN WITNESS WHEREOF. Grantor has caused this Wanraniy Deed to be executed this c day of
nit/111iy . 2013.
The Estate of Marianne M. Ackrnann:
1 (-j
BY:L
.lames f3.. Elias
Special/Administrator by Letters of Special
Administration for the Limited Purpose of
Transacting Condemnation Proceedings
Against Estate's Real Property dated
December 1 1, 2012
Cause No. 29D03 -1206 -EU -246
2013012732 WQRR DEED $26.00
02/28/2013 12:07:39P 5 PGS
Mary L. Clark
HAMILTON unty Recor
Recorded asPresentedder IN
111111 11 1111 11 111 11111 lItIIIIIIIIIIIII!III VIII IIIIIIIIII!Illl llllllli
NOTARY CERTIFICATION
STATE OF INDIANA )
) SS:
COUNTY OF Marie )
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
James R. Elias, Special Administrator of the Estate of Marianne M. Ackmann, the Grantor, ‘ rho 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 IVB'in day ofJavitut .2013.
My Commission Expires: 0
County of Residence: 1
`l l
add
Notary Signatu
a,sef N
Notary Printed Name
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
I affirm. under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this
document, unless it is required by law. Douglas C. Haney
831461v[
EXHIBIT "A"
Project: 10-10
Parcel: 4 Fee
Key Co.: 29-13-02-000-027.000-003
Sheet 1 of 1
?. part of the Southwest Quarter of Section 2, Township 17 North, Rance 3 East,
Hamilton County, Indiana, and being that pari of the grantor's land lying within the richt of way
lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B", described as
follows: Commencing at the Southwest corner of said quarter section, designated as point "3" on
said parcel plat; thence along the south line of said quarter section North 89 degrees 09 minutes
45 seconds East 550.72 feet to the point of beginning of this description; thence North 00 degrees
54 minutes 11 seconds West 11.00 feet to the north boundary of 106°' Street, designated as point
"254" on said plat; thence continuing North 00 degrees 54 minutes 11 seconds West 5.17 feet to
point "255" designated on said plat; thence North 89 degrees 05 minutes 49 seconds East 40.00
feet to point "256" designated on said plat; North 00 degrees 54 minutes 11 seconds West 45.00
feet to point "257" designated on said plat; thence North 88 degrees 53 minutes 03 seconds East
217.89 feet to point "258" designated on said plat; thence North 56 degrees 36 minutes 26
seconds East 72.31 feet to the east line of the grantor's land, designated as point "259" on said
plat; thence along said east line South 00 degrees 03 minutes 12 seconds East 90.19 feet to the
north boundary of 106th Street; thence continuing along said east line South 00 degrees 03
minutes 12 seconds East 11.00 feet to the south line of said quarter section; thence along said
south line South 89 degrees 09 minutes 45 seconds West 3] 7.38 feet to the point of beginning
and containing 0.436 acres; more or less, inclusive of the presently existing right-of-way which
contains 0.080 acres, more or less.
This description was prepared for the City of Carmel, Indiana by
Timothy J. Coomes. Indiana Registered Land Surveyor, License Number
20600004, on the (4-±: day of J Ufl e .2012.
,/ cd_
u u
CCGts s?Fp',C‘-‘.
• •(20600004'
STATE OF
i�SUR\I"
578
EXHIBIT "B"
RIGHT -Or -WAY PARCEL PAT
Prepered for The City of Canna!, Indiana
by United Consulting (Job No. 11-408)
KEY NO.: 29-13-02-000-028.000-034
KEY NO.: 29-13-02-000-027000-003
0
G
C
50.17'
SHEET 1 OF 2
D 50 100 200
SCALE: 1"= 20C
A
P.U. T 39+91.40 "S -2-K'=
',219R0.7-. 50+1087 PR-.21"�
P.C. 52+54.71 "PP -A"
PR -S -2-K"
N 80'49'5Y 0
868,1'--- \
_968.10'+SIC/
868.1'
50.17
257) ( 258
2
d
r—
n
.5' INOL4AJAPOLIS WATER
COMPANY EASEMENT
8' INDIANA FELL
TELEPHONE COA/PA^S'
EASEMENT
P.O.T /0+0000
P. 0. T. 34+00.00 "s-2-1(
579
580
N 89'05"49" E
P.C. 13+5503 'PP -S -2-K"
CIIRW 04T»
P.1. 14+12.8J ;QR-5-2-1,-
A=
R-S-2-1rA= 54'5751' Lt.
R= 800.00'
T= 57.80'
L= 115.91'
E= 2.09'
P. T /4+70.4= 73R-S-2-K'�
PJ. 16+05.57
i
1
'PR -S -2-K'
S 79'0710" E
558 P.T 48+32.81 'PR -A"\
Jo, P.O. T 42+0000 5-2-14
OWNER ACKIWIN, MARIANNE M.
PARCEL : 4
CODE
PROJECT : 10-10
ROAD : ILLINOIS ST.
COUNTY : HAMILTON
SECTION : 2
TOWNSHIP : 17N.
RANGE 3_.
HATCHED AREA_ IS THE
AP°RCXUdAIE IAKLNG
DRAWN BY: K.I. CARR 6-14-12
CHECKED BY: T.J. CONES 6-15-12
DES.. NO. :
INSTRUMENT NO. 2010046321, DATED 6-10-2010
INSTRUMENT NO. 2010046320, DATED 6-10-2010
INSTRUMENT NO. 200000056305, DATED 11-9-2000
INSTRUMENT NO. 199909973455, DATED 12-13-1999
Dimensions shown are from the above listed Record Docum
J
EXHIBIT "B)' (cont.)
PARCEL COORDINATE CHART
Point
Line
Station
Offset
1 NORTH
EAST
*3
----
-----
*53151
S -2-K
--- -
_-__
*53307
"S -2-K'
----
254
"PR -S -2-K'
11+90.00
2(9.8S LT.)
99714.5780
105433.1478
255
"PR -S -2-K'
11+90.00
15.05 LT.
99719.7446
105433.0663
256
"PR -S -2-K'
12+30.00
15.00 LT.
99720.3751
1105473.0614
257
"PR -S -2-K'
12+30.00
60.00' LT.
99765.3595
105472.3521
258
"PR -S -2-K'
14+55,00
55.00' LT.
99769.6128
105690.1973
259
"PR -A"
51+15.00
P_(180.59' LT.)
99809.4128
105750.5735
558
"PR -A°
P.T.(48+32.81)
1 ----
99540.5474
105950.4592
559
"PR -A"
P.0.(52+54.71)
----
99951.4120
105920.9443
578
11PR-S-2-K'
P.O.T.(10+00.00)1 ----
99701.7517
105243.3264
579
4.PR7S,2-1(ii
P.C.(.13+55.03)_.
----
997.07.3477_
105598.3134
580
"PR -S -2-K"
P.T.(14+70.44) 1
----
99717.4691
105713.1751
581
"PR -S -2-K"
P.I.(i6+06.57)
----
99739.1601
105847.5667
587
"PR -4"
P.0.T.(50+10.87)
----
99718.1680
105938.0028
NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES.
* SEE LOCATION CONTROL ROUTE SURVEY PLAT.
SHEET 2 OF 2
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plot, together with the "Location Control Route Survey' own woo
recorded as Instrument Number 2011051245 in the Office of the Recorder of Hamilton County, p\‘x rio,
Incline, (incorporated and made a part hereof by reference) comprise a Route Survey executed in .S ��� `)• C ',
accordance with Indiana Administrative Code 865 UC 1-12, r6Rule 12"). ��•. 'c,tSTE,
Given under my hand and seal
0
11MOTHY'J. C001,0
Registered Land Surveyor No. 20500004
Stale of Indiana
a 20600004;
STATE OF
04/0 SUR � o
OWNER :
PARCEL :
CODE
PROJECT : 10-10
ROAD : ILLINOIS ST.
COUNT' : HA.UILTON
SECTION : 2
TOWNSHIP : 17N.
RANGE : 3E.
ACKMANN, MARIANNE M. DRAWN BY: K.I. CARR 6-14-12
CHECKED BY: T.J. COOVES 6-15-12
DES. N0. :
l
Dimensions nee n are from the cbe:e listed Record Cocumenis./
2013012731 RELEASE $12.00
02/28/2013 12:07:39P 1 PGS
, Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
111111111111111111111111111 11111 111111111111111 111111111111111 11111111
SATISFACTION OF MORTGAGE
This certifies, that a certain Mortgage executed by Stephen Ackmann and Marianne •
Ackmann ("Borrower") to NorthPark Community Credit Union formerly Dow Employees
Credit Union on October 2, 2006, calling for $200,000.00 and recorded as instrument
number 200600070606 in Hamilton County, State of Indiana, is fully paid and satisfied
and the same is hereby released.
Witness my hand and seal this 28th Day of February, 2013
By (2 /lr7�,�4 0
State of Indiana
}
County of Boone
Meliss- S rohl, Loan Officer
NorthP- Community Credit Union
Formerly Dow Employees Credit Union
Before me, the undersigned, a Notary Public in and for said County and State, appeared
Melissa Strobl, Loan Officer or/and in their behalf and acknowledged the execution of
the foregoing Satisfaction of Mortgage.
Krista L. Hunter, Notary Public
A resident of Boone County.
My commission expires: 06/28/2014
KRISTA L HUNTER
Boone County
My Commission Expires
June 28, 2014
"I affirm, under the penalties and perjury, that I have taken reasonable care to redact
each Social Security number in this document unless required by law,"
Krista L. Hunter
This document was prepared by Krista L. Hunter, Agent for NorthPark Community
Credit Union
To:
CI
JAP1ES BRAINARD, MAYOR
EL
ADMINISTRATIVE SETTLEMENT MEMORANDUM
Stephen C. Engclking
Director
Department of Administration
From: Allen D. McFearin
Associated Right of Way Services, Inc.
Re: Request for Administrative Settlement
Project: Illinois Street Extension
Parcel: 4
Landowner: "File Estate of Marianne M. Ackmann
The City of Carmel made the Uniform Property or Easement Acquisition Offer to the
Estate of Marianne M. Ackmann by certified mail in care of Elizabeth A. Elias in her role
as personal representative on September 25, 2012. The Uniform Offer was made under
the threat of eminent domain. The Estate was unsupervised. James R. Elias was
appointed special administrator of the Estate to deal with the acquisition to acquire a
portion of the Estate's property for the above project. The amount of the offer was
$29.100.00.
Mr. Elias rejected the offer and countered with a proposal that was valued at S38,752.00.
This proposal was unacceptable to the City. However, the City proposed a settlement
amount of 534,000.00, which the Estate was willing to accept.
In support of the administrative settlement we list the following:
First, were the City to file the condemnation case, the Estate could introduce its own
appraisals with higher land values. This carries the.possibility that the eventual award
may be higher than the amount of the administrative settlement.
Secondly, should the City proceed in the condemnation case, at a minimum the City will
incur the costs for the court appointed appraisers and attorney fees, which costs would
exceed the amount of the administrative settlement.
Lastly. accepting the administrative settlement would bring a present resolution to the
question of the fair market value of the property rather than having that determination
DEPARTMENT OF ENGINEERING
ONE CIvic SQLC,AIt'IEL, IN, 46042 OFFICE 317.57124=47 FAN 317.5713439
made at a later point in the condemnation process and the City would obtain a right of
entry at this time.
Assuming all other legal review and approvals are approved, it is our recommendation
that the City o1Carmel approve the terms of the above described administrative
settlement.
This recommendation is approved.
Stephen C. Engelking
Director
Preccnbed by State Board o: Accounts
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
City Form No. 201 (Rev. 1995)
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
The F.G4GJ}C n-? Mav (te, k-rxavtn
Purchase Order No.
SfcO I N • -1 I cLezve s\'-
Terms
Sm?is -LN 4t 220
Date Due
Invoice
Date
Invoice
Number
Description
(or note attached invoice(s) or bill(s))
Amount
t\ C,k-1' NaNi1A 0.31 CC \ (4\l'
S't 000 'c)(
7\1(,kr)(S ��-. kO-l0co (ln1o)
Total
0Oo-oo
hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5-11-10-1.6.
20
Clerk -Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
a -'c CC l\4\avk 0.\1vk IN SUM OF $
S o) N. ve_
rt�`t, n- q sono
$ Scit000 -ov
ON ACCOUNT OF APPROPRIATION FOR
2o2
PO# or
DEPT. #
INVOICE NO.
ACCT#/TITLE
AMOUNT
3g,0oo-°t
Cost distribution ledger classification if
claim paid motor vehicle highway fund
Board Members
I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
0.c oS oco -\3-o Z
SI Zoi t 3 20
Signature
Title
ALA -REV -29
STATEMENT OF THE BASIS FOR JUST COMPENSATION
Code N/A
1. This is a written statement of, and summary of the basis for, the amount established through a valuation process as just
compensation for the purchase of this right-of-way for highway purposes. The amount set forth in Item 5 below is not less than the
approved estimate of value. Public Law 91-646 provides that this value disregards any decrease or increase in fair market value
of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than
physical deterioration within reasonable control of the owner.
2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this
acquisition is identified in the Acquiring Agency's recorded as:
Project Illinois Street Extension Parcel
4 Road Illinois Street City/County Carmel/Hamilton
Owner(s) Marianne M. Ackmann (deceased) — Contact (Representing Heirs): Dennis Nuhfer — 440-840-0939
3. The area and type of interest being acquired: 0.356 Acres Fee Simple, 0.080 Acres PER
The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest
is being acquired separately in whole or part, except as may be explained in Item 8 below.
4. This acquisition is (check one)
a. ( ) — A total acquisition of the real property
b. (X) - A partial acquisition of the real property.
5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real
property is as follows:
a. Total Land, Land Improvements and Buildings S26,600
b. Severance Damages (i.e.: Setback, Loss in Value to the
Residues, etc.
NA
c Other Damages (Itemize) $2,500
Cost -to -Cure Estimate
d Utility Easement/Temporary ! N/A
Total Just Compensation offered for this Acquisition is: S29,100
6. The amount in Item 5 may include payment for the purchase of certain buildings and improvements and their ownership shall pass
to the Acquiring Agency. These buildings and improvements are identified as follows:
N/A
7. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment,
Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows:
N/A
8. Items owned by others (i.e.: lessee. tenants, etc.) included in Item 5 above are identified as follows
9. Remarks: Approved for negotiations
2_,C", 2e • 1.
1 Date
Form 36551 (Rev. 3/96)
ignature /
To:
Katie Neville
City of Carmel
One Civic Square
Carmel, IN 46032
CROSSROAD ENGINEERS, P.C.
3417 S. Sherman Drive
Beech Grove, IN 46107
Phone: 317-780-1555
Fax: 317-780-6525
LETTER OF TRANSMITTAL
Date:
Project:
WE ARE SENDING YOU
x Attached
Shop
Drawings
Copy of Letter
Prints
Change Order
2/25/2013
Illinois St. Re -Alignment
Project 10-10
Samples _ Specifications
Copies:
Date:
Description:
1 each
Claim Voucher (orig); W-9 (orig); Just Comp; Offer Letter; Acceptance;
Administrative Settlement Memo (orig); Warranty Deed; Mortgage
Release; Letters Testamentary Estate of Marianne M. Ackmann (unless
otherwise stated all documents are copies)
THEY ARE TRANSMITTED AS CHECKED BELOW:
For Approval Approved as submitted _ Resubmit blueline sets w/binder
_ - For your use _ - Approved as noted _ Resubmit Xerox sets w/binder
x As _ Returned for corrections Return _ corrected prints
- requested
For bids due 20—
Katie.
Please find all necessary documents for payment processing attached. Please send the check to our office for
mailing once ready.
Cc: File
2.3456 ,76,
NRECENED
2C3V3
•
r.
cf\RM`L
Se, GIN E IGNe`R w
v
2e ee LZ OSr
Signed ? �i
Ryan D. Per ,
CITY OF CARMEL, INDIANA
ONE CIVIC SQUARE
CARMEL. INDIANA 46032
VENDOR: 367155 Page 1 of 1
THE ESTATE OF MARIANNE M ACKMAI
5001 N DELAWARE ST ECK AMOUNT: $34,000.00
INDIANAPOLIS IN 46220 CHECK NUMBER: 220049
CHECK DATE: 5/21/2013
DEPARTMENT
ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
202 4460500 34,000.00 RIGHTS -OF -WAYS
VOUCHER NO. WARRANT NO.
$
ON ACCOUNT OF APPROPRIATION
FOR
COST DISTRIBUTION LEDGER CLASSIFICATION
IF CLAIM PAID MOTOR VEHICLE HIGHWAY FUND
Mc;
No.
Account Tile
Amoun
ALLOWED 20 •
IN THE SUM OF $
BoardfCouncil Members