HomeMy WebLinkAboutIllinois Street - Emma Lou Cunningham SettlementCLOSING STATEMENT
INSTRUCTIONS:
• Sign both copies.
• Keep one copy for your records.
• Return one copy in the enclosed stamped return envelope.
Section 6045 of the Interna! Revenue Code, as amended by the Tax Reform Act of 1986, requires
the reporting of certain information on every real estate transaction. The information provided
below, except for the tax identification number, is adequate information to provide to a tax
professional.
FEE OWNER: Emma Lou Cunningham
ADDRESS: 510 W. 116" Street
PROJECT: Illinois Street IV
PARCEL: 10
COUNTY. Hamilton
PURCHASE PRICE: $15,000
LAND AND/OR IMPROVEMENTS: $11,385
DAMAGES: $3,615
ADMINISTRATIVE SETTLEMENT.: -0-
I (we) certify that the above is truet.
and correct and acknowledge receipt of payment
Fee Owner(s) Lin +-u plot, 24) -
Emma Lou Cunningham Date
Prescribed by State Board of Accounts
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL, INDIANA
City Forrn 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
Emma Lou Cunningham
510 W. 116th St.
Carmel, IN 46032
Purchase Order No.
Terms
Date Due
Invoice
Date
Invoice
number
Description
(or note attached invoice(s) or bill(s))
Amount
PROJECT: Illinois St. Project #11-09
PARCEL: 10
COUNTY: Hamilton
Compensation for Fee -Simple acquisition over 0.132 acres of land
Total:
$ /IS, CLO J r"
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
Feh� 2011.
Emma Lou Cunningham
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5-11-10-1.6.
20
Clerk -Treasurer
CITY OF CARMEL, INDIANA
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
VENDOR: 366074
EMMA LOU CUNNINGHAM
510 W 116TH ST
CARMEL IN 46032
Page 1 of 1
CHECK AMOUNT: $15,000.00
CHECK NUMBER: 207018
CHECK DATE: 3/13/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
211 4462865 15,000.00 ILLINOIS STREET
REMITTANCE ADVICE -DETACH AND RETAIN FOR YOUR RECORDS
APPROVED BY THE STATE BOARD OF ACCOUNTS FOR THE CITY OF CARMEL 2002
CITY OF CARMEL, INDIANA
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
PAY ***S1,550.0',099,
ONE FIVE ZERO ZERO ZERO®
To
The
Order
Of
EMMA LOU CUNNINGHAM
510W116THST
CARMEL IN 46032
PAYABLE AT
FIFTH THIRD BANK
INDIANAPOLIS, INDIANA
GENERAL ACCOUNT
CHECK NO.
71-859 207018
749
DATE: 3/13/2012
AMOUNT
$15,000.00
THIS WARRANT 15 VOID TWO (2) YEARS AFTER
DECEMBER 31 OF THE YEAR OF ISSUE
CLERK -TREASURER
v2070 L8" (:0749085941: 999111934 2?"
rj
,SPECIALIZED LAND SERVICES, INC.
RE: Project: 11-09
Parcel: 10
Code: N/A
Date: January 26, 2012
Mr. and Mrs. William T. Cunningham
510 W. 1 16th St.
Carmel, IN 46032
Dear Property Owner;
It is the policy of The City of Carmel to accept for review any evidence of value submitted by the property owner
for the purpose of determining fair market value. Any costs incurred from obtaining such evidence, however, is the
responsibility of the owner. Acceptable forms of evidence of value include, but are not limited to, appraisals, comparable
sales, and cost estimates.
Evidence of value must be supported by factual data and items of damage must be fully documented. Submitted
evidence based on these facts is acceptable for review.
Ve truly yours,
Stephen J. Klineman, President
Specialized Land Services, Inc.
701 Congressional Blvd., Suite 290, Carmel, IN 46032 tel. 317-218-0583 fax 317-218-0585 sklineman@msn.com
TO:
JAMES BRAINARD, MAYOR
UNIFORM LAND OR EASEMENT ACQUISITION OFFER
PROJECT: 11-09
Mr. and Mrs. William T. Cunningham
510 W. 116th St.
Carmel, IN 46032
PARCEL: 10 CODE: NA
ROAD: Illinois Street
COUNTY: Hamilton
The City of Carmel is authorized by Indiana law to obtain your property or an easement across your land for
certain public purposes. The City of Carmel needs your property for a public highway improvement known as
Illinois Street and needs to take the property as described on the attached legal description.
It is our opinion that the fair market value of the property we want to acquire from you is $15,000.00, and
therefore, the City of Carmel offers you $15 000.00 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 after signing the documents accepting this offer and executing the deed, grant or
property, 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.
DEPARTMENT OF ENGINEERING
ONE CIVIC SolAlur:. CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAI1. engineeri u& carnxl.m.guc
Page 2
Project: 11-09 Parcel: 10
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
I . By law, is required to make 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 file 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 Carmel files a suit to condemn and acquire your property and the court grants its request
to condemn, the court will 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 court, make withdrawals from the amount deposited
with 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 back to the court the amount of the withdrawal in excess of the amount of
the final judgment.
Page 3
Project: 11-09 Parcel: 10
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. If you have any questions concerning this matter, you may contact us at:
Specialized Land Services, Inc.
630 N. Rangeline Rd., Ste. C
Carmel, IN 46032
Phone: (317)218-0583
Fax: (317)218-0585
This offer was made to owner(s):
William T. Cunningham of Carmel, IN on 4 -26-12 (Date)
Emma Lou Cunningham of Carmel, IN on -7-S-12- (Date)
of on (Date)
of on (Date)
of on (Date)
BY: Specialized Land Services, Inc.
BY:
Stephen J. Klineman, President
Agent of: The City of Carmel
Page 4
Project: 11-09 Parcel: 10
If you decide to accept the offer of $15,000.00 made by the City of Carmel, 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.
I (We),
ACCEPTANCE OF OFFER
land owner(s) of the above described property or interest in property, hereby accept the offer of $
made by the City of Carmel on this day of , 20
William T. Cunningham Emma Lou Cunningham
NOTARY'S CERTIFICATE
STATE OF )
) SS:
COUNTY OF )
Subscribed and sworn to before me this
My commission expires:
My county of residence is:
day of , 20
(Signature)
(Printed) Notary Public
Project: 11-09; Illinois Street
Parcel: 10
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT William T. Cunningham and Emma Lou Cunningham, Husband
and Wife (individually and collectively the "Grantor"), conveys and warrants to the City of Carmel, Indiana
(the "Grantee"), for the sum of Fifteen Thousand and NO/100 Dollars ($15,000.00) and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County,
State of Indiana:
See attached Exhibit A and Exhibit 13, which are attached hereto and incorporated herein
Subject to any and all easements, agreements, restrictions and other matters of record.
It is understood between the parties hereto, and their successors in title, and made a covenant herein which
shall run with the land, that all real estate herein described (excepting any parcels or portions thereof that are
specifically and expressly designated as easements or temporary rights of way) is conveyed in fee simple and not
merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the Grantor.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this day of
,20 .
William T. Cunningham Emma Lou Cunnigham
1
STATE OF
COUNTY OF
SS:
NOTARY CERTIFICATION
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
William T. Cunningham and Emma Lou Cunningham
, 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 day of , 20 .
My Commission Expires:
County of Residence:
Notary Signature
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.
831464v1
2
EXHIBIT "A"
Project: 11-09
Parcel: 10 Fee Simple
Tax ID: 29-09-34-000-020.000-018
Sheet 1 of 1
A part of Section 34, Township 18 North, Range 3 East, Hamilton County, Indiana and
being that part of the grantors' land lying within the right-of-way lines depicted on the attached
Right -of -Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at a point on the
south line of said section South 89 degrees 17 minutes 57 seconds West 439.57 feet from the
southeast corner of said section, said southeast comer being designated as point "9902" on said
plat, which point of beginning is the southeast comer of the grantors' land; thence South 89
degrees 17 minutes 57 seconds West 191.20 feet along said south line to the southwest corner of
the grantors' land; thence North 0 degrees 00 minutes 16 seconds East 25.00 feet along the west
line of the grantors' land to point "635" designated on said plat; thence North 86 degrees 17
minutes 24 seconds East 191.59 feet to the east line of the grantors' land; thence South 0 degrees
00 minutes 16 seconds West 35.07 feet along said east line to the point of beginning and
containing 0.132 acres, more or less, inclusive of the presently existing right-of-way which
contains 0.048 acres, more or less.
This description was prepared for the City of Carmel, Indiana by Jessica L. Stapleton, Indiana
Registered Land Surveyor, License Number LS20600032, on the 2nd day of November, 2011.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
Prepared For the City of Carmel, Indiana
by: AMERICAN
STRUCTUREPOINT
INC.
SHEET1OF2
0 50' 100'
SCALE: 1"=100'
SPRING MIL
325+00 439.57 326+00
LINE "E"
116TH STREET ®®
AT.
HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL:
CODE:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
•
Cunningham, William T. Et ux.
10
N/A
11-09
Illinois Street
Hamilton
34
18 North
3 East
DRAWN BY: JLS
CHECKED BY: JLS
DES. NO.: N/A
Deed Record 165, page 595, dated August 31, 1960
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY,
EXHIBIT "8"
RIGHT-OF-WAY PARCEL PLAT
Prepared For the City of Carmel, Indiana
by: AMERICAN
STRUCTUREPOINT
INC.
POINT REFERENCE CHART(F
SHEET 2OF2
Point
North
East
Station
Offset
Q
176
517
917
SEE LOCATION CONTROL ROUTE SURVEY PLAT
1900
9902
634
105003.2101
104369.2780
+1(321+69.37)
Ex RW(11' Lt.)
Line E
635
105017.2111
104369.2791
+1(321+69.54)
25' Lt.
Line E
636
105041.8636
104749.4683
325+50
45' Lt.
Line E
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the "Location Control
Route Survey" recorded as Instrument Number 2011049824 in the Office of the
Recorder of Hamilton County, Indiana, incorporated and made a part hereof by
reference, comprise a Route Survey executed in accordance with Indiana
Administrative Code 865 IAC 1-12 ("Rule 12").
essica L. Stapleton Date
Reg. Land Surveyor No. LS20600032
State of Indiana
69n//
`j *'(LSZ13600032
``• STATE OF
,
41 SUR
'j�hA;;3/
C
NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES.
OWNER:
PARCEL:
CODE:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
Cunningham, William T. Et ux.
10
N/A
11-09
Illinois Street
Hamilton
34
18 North
3 East
DRAWN BY: JLS
CHECKED BY: JLS
DES. NO.: N/A
AMERICAN STRUCTUREPOINr, INC PROJECT NO. 2009.01768
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.)
Page 4
Project: 11-09 Parcel: 10
If you decide to accept the offer of $15,000.00 made by the City of Carmel, 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.
I (We),
ACCEPTANCE OF OFFER
land owner(s) of the above described property or interest in property, hereby accept the offer of $ 1$, 000. co
made by the City of Carmel on this 7 day of F e-6 , 20 !) _.
Crct
Emma Lou Cunningham
NOTARY'S CERTIFICATE
STATE OF (b."R, )
) SS:
COUNTY OF & n..:.'1 tor.
Subscribed and sworn to before me this 9 day of Feb
My commission expires:
My county of residence is:
' iI1EMAN
- E,y�ires
i 6,2016
STEPHEN J. KLINEMAN
Hamilton County
My Commission Expires
April 16, 2016
,20 /Z
(Signature)
(Printed)
Notary Public
INDIANA DEPARTMENT OF TRANSPORTATION, LAND ACQUISITION DIVISION
BUYER'S REPORT
PROJECT: 11-09 PARCEL: 10 COUNTY: Hamilton CODE: N/A
Name & Address of Owner: Emma Lou Cunningham
510 W. 116th St., Carmel, IN 46032 Phone: 317-846-0407
Name & Address of Person Contacted:
Scwv e.
Phone: SeArn,e_
(List other interested parties on reverse side including nature of their interest)
Date Assigned: 1/11/12 Date of Contact: 44 /1 Z Time of Contact: of 0 O
Offer $ 15,000.00 Type of Contact: 04), Personal Visit ( ) Phone ( ) Mail
Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space:
1. +1R-5 Checked Abstract w/ owner?
2. f.J0 Any affidavits taken:
3. No Any mortgage(s)?
4. y Any liens, judgments, etc.?
5. vtj Showed plans? Exp. take?
6. '42Q5 Explained about retentions?
7. _kJ, Any major item retained?
8. mo Any minor item retained?
9. Walked over property?
10. Owner to pay taxes?
1 I. Mo Secured Right -of -Entry
12. My Secured Driveway R/E
13. (vft Sent Daily Notice to Relocation?
REMARKS:
14. Secured W-9 form?
Left fol owing papers w/ owners:
15. 17) Written offer?
16. ---Xi Land Acquisition Brochure?
17. AA, Retention Letter?
18. j Statement of Just Compensation?
19. fW Tax memo (interim period)?
20. -725" Receipt of Conveyance Instrument?
21. '-yt$ Copy of Conveyance Instrument?
22. —).4 Owner's Appraisal Letter?
23. Brochure, "Relocation & You"?
24. n E.D.D.?
Mrs.
,or5;6t. Mor,efs . Tv/1r5 .
Ler cfrn`^e uJ e, fwm w r �' v� as eA S ,' }- /5 n.cw Ler
rz l3�/c /
tout nrL b4.L, f'1 -c- mac.. 'ry to L. `L�1
`WS[t/'11„� /J l,i/ (i �'✓✓x /I t,6tccUl�( 1'�Q is(f\ v`
µ„ 1 1 �i' ne v�.. S w, zLl . G S , `'r C ..r r'e ./ �5 l 5 G4! ' be w J
,k,IGk Lj.e rnwtl1c� , Low/�,_A-9 / ('4r5. Cc.n�xvna �o�n e✓rywa
S:`)^ a- `":51^r $ Pi. rrr i- Sk54aa2 SL�2 ,,,L4 cIn Mean
11 vw2 t sit_ f a 4�.. rt cil l 01-x�/' o.(f i t tc.,10 l,.a �Ca., ncr.t'S t
SLGt b.„ a�_:' W/,'{-x.,il^ qO "`^'.�S,
Status of Parcel: O Secured, ( ) Condemned, ( ) Other
Distribution: (g) Parcel c*:.) Owner ( ) Weekly Summary ( ) Attorney
( ) Specify Other
C�
C
Page 1of J
Prop-rty Owner Initials Stephen J. Klineman
10- 13uyrpt1
INDIANA DEPARTMENT OF TRANSPORTATION, LAND ACQUISITION DIVISION
BUYER'S REPORT
PROJECT: 11-09 PARCEL: 10 COUNTY: Hamilton CODE: N/A
Name & Address of Owner: William T. Cunningham and Emma Lou Cunningham
510 W. 116th St., Carmel, IN 46032 Phone: 317-846-0407
Name & Address of Person Contacted:
Phone:
(List other interested parties on reverse side including nature of their interest)
Date Assigned: 1/11/12 Date of Contact: Time oaf Contact:
Offer $ 15,000.00 Type of Contact: ( ) Personal Visit ( Phone ( ) Mail
Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space:
1. Checked Abstract w/ owner?
2. Any affidavits taken:
3. Any mortgage(s)?
14. Secured W-9 form?
Left following papers w/ owners:
4. Any liens, judgments, etc.? 15. Written offer?
5. Showed plans? Exp. take? 16. Land Acquisition Brochure?
6. Explained about retentions? 17. Retention Letter?
7. Any major item retained? 18. Statement of Just Compensation?
8. Any minor item retained? 19. Tax memo (interim period)?
9. Walked over property? 20. Receipt of Conveyance Instrument?
10. Owner to pay taxes? 21. Copy of Conveyance Instrument?
II. Secured Right -of -Entry 22. Owner's Appraisal Letter?
12. Secured Driveway R/E 23. Brochure,"Relocation & You"?
13. Sent Daily Notice to Relocation? 24. E.D.D.?
REMARKS: TELEPHONE LOG
2-2-12 — I spoke with Mrs. Cunningham. She said her husband is deceased and died on 4-22-87. She wants to meet to
discuss the offer, etc. We are meeting 2-9 at 1:30.
2-22-12- I spoke w/ Mrs. Cunningham and told her that we need a right of entry in order to remove her boulders located
in the area of acquisition. We set a meeting for 2/24 to sign the right of entry.
2-27-12- Property taxes are current per Treasurer.
Status of Parcel: ( Secured, ( ) Condemned, ( ) Other
Distribution: ()()_Parcel ( ) Owner ( ) Weekly Summary ( ) Attorney
( ) Specify Other
Property Owner Initials
I0 -Phone Log
Page 1 of
Stephen J. lineman
)PECIALIZED LAND SERVICES, INC.
January 26, 2012
Mr. and Mrs. William T. Cunningham
510 W. 116th St.
Carmel, IN 46032
Re: Illinois St. Project, #11-09
Parcel 10
510 W. 116th St., Carmel
Dear Mr. and Mrs. Cunningham:
As you may be aware, the City of Carmel is planning a road construction project that will extend Illinois Street south from
116th Street to 800' north of 106th Street. The project will include a roundabout at 111th Street and will also involve the
reconstruction of the roundabout at Spring Mill Road and 116th Street.
Illinois Street will be four lanes with a raised median, curb and gutter, and an enclosed storm sewer system. Illinois Street
south of 111th Street will have a multi -use path on the west side of the road and Illinois Street north of 111th Street will
have multi -use paths on both sides of the road, to be constructed as part of the adjacent development.
My company, Specialized Land Services, Inc., has been hired to perform the land acquisition services for this project. As
a result of the project, it will be necessary to acquire from you 0.132 acres. Of that total, 0.048 acres is considered
existing right-of-way and the remaining 0.084 acres is new acquisition. The area of new acquisition is an irregular shaped
strip of land along the 116th Street frontage of your property, that varies in width between approximately 14' at the west
end and approximately 24' at the east, as shown on the enclosed plat and plan sheet.
The City of Carmel is prepared to offer you a total of $15,000.00 for the land, land improvements, and severance
damages. Of that total, $10,930.00 is compensation for the land and $455.00 is compensation for the land improvements,
consisting of 3,300 square feet of lawn, area of old woven wire fencing, 360 square feet of gravel, and railroad ties along
the driveway. The remaining $3,615.00 is compensation for severance damages due to a reduction in the setback distance
between the dwelling and the new property line.
In accordance with Indiana Code (IC) 32-24-1, the offer of $15,000.00 was arrived at by an appraiser using standard
appraisal methods. Also, in accordance with IC 32-24-1, you have thirty days from receipt of the offer in which to accept
or reject it.
To assist in your decision, I have enclosed the following:
1. Acquisition Brochure
2. Uniform Land or Easement Acquisition Offer letter with Warranty Deed and legal descriptions;
3. Sales Disclosure Form;
4. Statement of Basis for Just Compensation;
5. Owner's Private Appraisal Letter;
6. Claim Voucher;
7. W-9 Request for Taxpayer Identification Number;
8. Acknowledgment Form;
9. Receipt of Conveyance Instrument;
10. Copy of Appraisal
630 N. Rangeline Rd., Ste. C, Carmel, IN 46032 tel. 317-218-0583 fax 317-218-0585 sklinemanna msn.com
If you decide to accept the offer, please notify me and I will assist you in the document execution. However, should you
disagree with the amount offered, you may submit your own appraisal for consideration by the City of Carmel. While all
appraisals will be considered, there is no guarantee that any increase will be forthcoming. In addition, you would have
the right to retain for a salvage value price, any land improvements that are being purchased as part of this
transaction.
If you should have any questions regarding this matter, which you want to discuss, I encourage you to contact me toll free
at 317-218-0583 or at the email address below. If I do not hear from you, I will contact you in approximately two weeks
to discuss this matter further.
Thank you for your cooperation.
Sincerely,
1
Stephen J. Klineman, President
Specialized Land Services, Inc.
Enclosure
630 N. Rangeline Rd., Ste. C, Carmel, IN 46032 tel. 317-218-0583 fax 317-218-0585 sklineman a msn.com