Loading...
HomeMy WebLinkAboutRangeline Road - Darya Tolpygina Settlement0 CITY OF CARMEL JAMES BRAINARD, MAYOR CLOSING STATEMENT Fee Owner: Darya V. Tolpygina Address: 30 8th St. NW Carmel, IN 46032 Location of Property: 30 8th Street. NW, Carmel, IN 46032 Project: 06-19 Range Line Road Parcel: No.4 County: Hamilton State: Indiana Purchase Price: Total Disbursements: $18,425.00 $18,425.00 Please sign and date in the spaces provided below to acknowledge receipt of payment, and agreement to the amount shown. 10(eae , .2 o e (Signature) (Date) ONE Civic SQUARE, C RNIEI., IN 46032 OFFICE 317.571.2401, FAX 317.844.3498 EMAIL jbrainard@ci.carmel.in.us Pro:croon ny Sligo Bonn, o: Accounts ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL CIIy Fenn Hc. 201 Innv. 19951 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 Darya V. Toloyaina Purchase Order No. Terms 30 Eight Street NW Car -me 46032 Date Due -1,—I -N Invoice Date Invoice Number Description (or note attached invoice(s) or bill(s)) Amount Puipuse of payment x0-062—aores - of per nenent±-iyh•t of—way Pr -ee t_ -e —Rangc L i n -e fl3 pd—# 0 Parcel: #4 Darya V. Tolpgina Adult Parcel •# 1 6-09 2 4 0 4.0-5-099-0II0 Total k18-4,. ,. 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 nevi or u5 CI'T'Y OF CA VIM EL STATEMENT OF THE BASIS FOR JUST COMPENSATION LA Code # NA 1 Ibis i5 a written statement of. and summary of the oasis for. the eslabGSltnrenl of the amount believed to be, through 8':altia1i n process. just compensation for the purchase of this field -of -way for highway Imposesi lie amount set lath in Item 5 below is nol less Than the appmmd es ;nate nl value. Public Lair 91.646 provides Mat This value disregards any decrease or increase in fair man et value of 1110 proper:, prior t0 tie date of valuatan caused by the public improvement for v.hich the properly i5 acquired oilier Man physical deterioration within reasonable control of Inc mire' 2 I lie legal deSCripton 01 this acquisition is Set forth in the iushulnen1 of consoyarme in the following identified parcel and Ibis acquisition is identified in the Acquiring 'deacy's records 05: Project Range Line Road O. ner(s) Dariva T olpyuin Parcel 4 Road Range Line Road County Hamilton 3 The arca and type oI interest being acquaod: .0.062.acres feesimple righbol-way 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 acquitec Separately in ::hole or pan. except as may be eydance in Item 8 below. 4. This acquisition is (Check one): a. [J A total acquisition of the real property. b. [j A patina acquisition of the real pr0peny. 5 The Agencys Offer: Just cornpensacoa gas been determined to be and the Acquiring Agency's offer 10; the purchase of this real property is as tallows: a Total Land, Land I.•nproeemen:s and Build:nos 5 13.100.00 b, Severance Damages (ie. Setback, Loss in Value to the Residues. etc) 5 5.32500 c. Other Damages (Itemize) Cost -To -Cure es:mates: NONE Temporary RA'; Permanent Easement Total Damages iolal amount believed to be Just Compensation altered for this Acquisition is: 5 •0 5 -0- 0- -0- -0- i 5.325.00 5.325.00 5 18,425.00 6 the amount in Item 5 aoo'+e may include payment for the purchase of cerlan build ngs and improvements and their or.nerstip sna8 pass to the Apo wing Agency These bulldogs and improvements are identified as 'allo'ws: IJOiIE 7. The amount n Item 5 abo'm may include payment tor the purchase of certain Land Improvements. Figures. Equipment, Machinery. Signs, Ere, and (heir a:me:ship shall pass n the Acquiring Agency. These items are identified as follows: SEEDED LA'Val. TREES NJD GRAVEL DRIVE 8 Items awned by others (i e. lessee. tenarts, etc.) included in Item 5 above are identified as Ioom•.s NONE 9. RemaiKs (TIre0.082acres offee simple ripta.ol, my being acquied consists al 0.023'acros of ru:m lee simple riglibubway and 0.1139 noes of eustnu ichloI.W31. Date I .�;c ._ k 11.. jnature Acquiring Agency: City of Cannel Tori Io cs o't CITY 'OF- -CARMEL JAMES BRAINARD, MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: Range Line Road / #06-19 TO: Darya V. Tolpygina 30 Eight Street NW Carmel, IN 46032 PARCEL: #4 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 Range Line Road 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 $ 18,425.00 , and, therefore, the City of Carmel offers you $18,425.00 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: 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. One CIVIC SQUARE, CARMEL. IN 46032 OFFICE 317.571.2401. FAX 317.844.3498 ENIAR jhrainardacarmel. in.gov Page 2 Project: Range Line Road Parcel: #4 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 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 $ 18,425.00 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. 11. 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 This offer was made to owner(s): -V-aleriy—S—Shkurapet—owners rep of —<_ i-7- of p Project: Range Line Road Parcel: #1 l County on BY: on C (Signature) Denise McHenry, Buyer (Date) (Date) (Printed Name and Title) Agent for: City of Carmel If you decide to accept the offer of $18,425.00 made by the City of Carmel, sign your name below and mail all offer documents to Indiana Acquisition in the envelope provided. An additional copy of this offer will be provided upon request. ACCEPTANCE OF OFFER I (We), Darya V. Tolpygina, adult landowner(s) of the above described property or interest in property, hereby accept the offer of ry $18,425.00 made by the City of Carmel on this a _ ' `' day of _.f)!', L42 , 20 /7;6 STATE OF COUNTY OF Printed: Darya V. Tolpygina, Adult NOTARY'S CERTIFICATE ) SS: IJi /r.11/te,(d cx1 ) n Subscribed and sworn to before me this /t of My commission expires: ANGELA D. RIDDLE Notary Public, State 01 Indiana County f n^arion My Commission Expires Nov 30. 20 , My county of residence is: (Signature) (Printed) Notary Public EXHIBIT "A" Parcel: 4 Fee Sheet] of 1 A part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land Tying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B", described as follows: Commencing at the Southeast corner of said section, designated as point "2" on said parcel plat; thence along the south line of said section South 88 degrees 41 minutes 35 seconds West 201.30 feet to the southeast corner of grantor's land and point of beginning of this description; thence continuing along said south tine South 88 degrees 41 minutes 35 seconds West 106.38 feet to the southwest corner of grantor's land; thence along the west line of grantor's land Northeasterly 27.86 feet along an arc to the right and having a radius of 1,903.08 feet and subtended by a long chord having a bearing of North 16 degrees 38 minutes 55 seconds East and a length of 27.86 feet to point "400" designated on said plat; thence North 88 degrees 41 minutes 35 seconds East 98.42 feet to the east line of grantor's land; thence along said east line South 0 degrees 03 minutes 26 seconds West 26.51 feet to the point of beginning, containing 0.062 acres, more or less, inclusive of the presently existing right-of-way which contains 0.039 acres, more or less, for a net additional taking of 0.023 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 �l^ _4129-4 2008. day of ��NNviniri,,gp �� c�G15TER o • 20600004.i s SI ATE nr '44,'94/ UR.4ey�,, 2 • 0 10 20 40 SCALE: 1'= 40' 11 P.O.T. 15+00.00 5-1—A" EXIST. R EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 06-406) 67.0' EXIST. R/W 106.4' 15+00 17+00 18+00 SMOKEY ROW ROAD (13611-I STREET) LINE S -1—A" (SECTION LINE) OP.I. 20+00.00 4'-1—A" 201.3" SHEET 1 OF 2 30 REVISED BY: K.I. CARR 4-1-08 OWNER : TOLPYGINA, DARYA V. PARCEL : 4 CODE PROJECT : RANGE LINE ROAD ROAD : SMOKEY ROW ROAD COUNTY : HAMILTON SECTION : 24 TOWNSHIP : 18N. RANGE : 3E. HATCHED AREA I5 THE APPROXIMATE TAKING DRAWN BY: J. A. ROWNGS 2-13-08 CHECKED BY: T. J. COOMES 2-18-08 INSTRUMENT No. 2007037009, DATED 6-21-2007 Dimensions shown are from the above fisted Record Documents. Point 2* Line "S -1—A" EXHIBIT "B" (cont.) PARCEL COORDINATE CHART Station Offset 1 NORTH EAST SHEET 2 OF 2 77* "S -1—A" 400 600 "S -1—A" +t(17+00.91) 26.50' LT. 11725823.0053 18+40.63 26.50' LT. 1725826.1922 198757.9410 198897.6281 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES. * SEE LOCATION CONTROL ROUTE SURVEY PLAT. SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey" (irecorded in Instrument No. 2007014151 in the Office of the Recorder of Hamilton County, Indiana, ncorporated and made a part hereof by reference) comprise a Route Survey executed In accordance with Indiana Administrative Code 865 LAC 1-12, ("Rule 17). Given under my hand and seal 4 O$ TIMOTHY J. Registered Land Surveyor No. 20600004 Ste of Indiana .‘\o. \ J. CO' O :20600004 t. STATE OF ".1N01t` 0,,,71/4/0 � • NP'•�: ,,''o c t/nlnnmuON� REVISED BY: K.I. CARR 4-1-08 OWNER : TOLPYGINA, DARYA V. PARCEL : 4 CODE PROJECT : RANGE LINE ROAD ROAD : SMOKEY ROW ROAD COUNTY : HAMILTON SECTION : 24 TOWNSHIP : 18N. RANGE : 3E DRAWN BY: J. A. ROWNGS 2-13-08 CHECKED BY: T. J. COOMES 2-18-08 Dimensions shown are from the above listed Record Documents APPROVED, AS TO FORRA BY: ge SETTLEMENT AGREEMENT, RELEASE AND COVENANT NOT TO SUE THIS AGREEMENT is made and entered into by and between Daria Tolpygina ("Tolpygina"), 30 8th St. NW, Carmel IN 46032, (the "Property") and the City of Carmel, Indiana, an Indiana municipal corporation, by and through its Board of Public Works and Safety ("City"). Recitals 1. City undertook construction on an intersection near the Property which Tolpygina claims resulted in damage to the Property ("the Incident"). 2. Tolpygina has estimates that the cost to resolve the problems is more than eight thousand dollars (S8,000.00). 3. City did previously purchase from Tolpygina a certain portion of the Property as right-of-way, but such transaction did not include an amount for potential damages to the Property. 4. City disputes any liability for the Incident but has taken part in negotiations to resolve this matter. 5. In order to avoid the cost, expense and uncertainty of litigation, and to set at rest any claims which have been made or which could be made regarding the Incident, the parties now desire to fully settle this matter on the terms set forth herein. Agreement NOW, THEREFORE, in consideration of the premises, agreements and considerations contained herein and upon the terns and conditions hereinafter set forth, and for other good and valuable consideration, in the form of one thousand five hundred dollars ($1,500.00) the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Release of City of Carmel, Indiana. Tolpygina does hereby forever release and discharge City, its employees, insurers, directors, officers, officials, attorneys, successors and assigns, of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by Tolpygina from, as a result of, associated with or in any way related to the Incident, or otherwise. 2. Release of Tolpygina. City does hereby forever release and discharge Tolpygina of and from any and all liability, claims, demands, controversies, damages, costs and expenses, actions and icb:msword z\lax+t pa it release - tolpygina.doc 7/I6.119] 1 causes of action whatsoever, on account of or related to any loss or damage of any kind or nature sustained by or resulting to City from, as a result of, associated with, or in any way related to the Incident. 3. Covenant Not to Sue. Tolpygina and City, on behalf of themselves and their respective employees, insurers, directors, officers, officials, attorneys, successors and assigns, do each hereby agree and covenant to forever refrain from initiating, pressing, collecting or in any way aiding or proceeding upon any and all actions and causes of action against the other for any damages, costs, expenses, lost opportunities, compensation or any other compensatory, punitive, equitable or other relief whatsoever and however arising, whether known or unknown, foreseen or unforeseen, developed or undeveloped, which they had, now have or may have after the execution of this Agreement against the other from, arising out of, based upon, related to or associated with the Incident, or otherwise. 4. No Admission. The parties understand and agree that this Agreement is the product of negotiations, was jointly drafted, and is intended to terminate and settle all further controversy concerning or relating to the Incident, that this Agreement is made in the interest and spirit of compromise, and that this Agreement is not and shall not be construed as an admission of liability on the part of either party to the other, or to any other person, corporation, court, tribunal, fact -finder or other individual or entity whatsoever. 5. Authorization. Each individual executing this Agreement on behalf of a party hereto does hereby warrant that he or she is authorized to act on behalf of such party in executing this Agreement, and that the same is fully binding on the party hereto whom he or she represents. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective spouses, children, relatives by blood or marriage, officers, officials, directors, stockholders, employees, successors, assigns, related corporations, representatives, insurers, mortgagees, heirs, attorneys, executors, administrators and agents, although the same are not specifically named herein, and effectuate a complete settlement between the parties regarding the subject matter hereof. 7. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein and supersedes all prior agreements and understandings whatsoever between the same. This Agreement shall be modified only by a writing duly signed by both parties hereto. No promises, representations, understandings or other warranties have been made by either party hereto respecting the subject matter hereof, other than those expressly set forth herein. This Agreement constitutes the understanding of both parties and no party shall be deemed to be lett euxord z: Pa mucswlemem release- Iolpvgina. .7/ ] 2 the drafter of this Agreement. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against any party hereto. 8. Failure to Comply. Should any party hereto breach or otherwise fail to comply with the terms and provisions of this Agreement, the prevailing party in such dispute shall be entitled to recover, in addition to any and all other appropriate relief, all costs arising therefrom, including, but not limited to, reasonable attorney fees. 9. Advice of Counsel. The parties have each had an opportunity to engage independent counsel to explain the provisions of this Agreement and their full legal effect, and the parties agree that this Agreement is being entered into voluntarily and not as a result of any duress or undue influence and only after the parties have each carefully and completely read and understand each and every term and condition of this Agreement. 10. Governing Law. This Agreement was negotiated and is intended to be performed pursuant to the laws of the State of Indiana, and shall be construed and enforced in accordance therewith, except for Indiana's conflicts of law principles. 11. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. All such counterparts taken together shall be determined to be one and the same instrument. It shall not be necessary in making proof of this Agreement, or any counterpart hereof, to produce or account for any of the other counterparts. [eh. 0 entre. e-mlpvgina.JeeUI 6091 3 IN WITNESS WHEREOF, the parties have signed this Agreement on the date below their respective signature or the signature of their representative. The effective date of this Agreement shall be the date on which it is last signed by a party hereto. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Iirsi 4,6Q/ti James Brainard, Presiding Officer Date: Burke Member Diana L. Cordray, IAMC, Clerk -Treasurer Date: g/5/69 ]eb:mcwordvv:\law\l pekinsmiacsnOcmml celeste-lolp> as 1116.09] 4 DARIA TOLPYGINA Subsititute Form Taxpayer Identification Number Request Ow= rutin wirokr. unu y /WW1 VVVU uy uww OV0111 VI fl COLD Kb LVV I IµwVwvW uy IVUwIVI VI Jww LVu I W-9 REAL ESTATE State of Indiana DO NOT send to IRS Print or Type Retum to address below Legal Name (OWNER OF THE EIN OR SSN AS NAME APPEARS ON IRS OR SSN RECORDS) DO NOT ENTER THE BUSINESS NAME OF A SOLE PROPRIETORSHIP ON THIS LINE Tolpygina, Darya V. Trade Name Complete only if doing busines as (D/B/A) Project:#06-19 Range Line Road Remit Address Hamilton County 30 Eight Street NW Carmel, IN 46 Carmel, IN 46032 Parcel #4 Purchase Order Address- Optional Check legal entity type and enter 9 digit taxpayer Identification Number (TIN) below: (SSN = Social Security Number, EIN = Employer Identification Number) SSN or EIN must be for legal name above. x Individual (Individual's SSN) 4/,3444 4 Sole Proprietorship (Owner's SSN or Business EIN) SSN _ _ - _ _ - EIN Partnership General Limited (Partnership's EIN) -- - Estate / Trust (Legal Entity's EIN) _ - Note:Show the name and number of the legal trust, or estate, not personal representatives. _ _ - Other (Limited Liablility Company, Joint Venture, Club, etc) (Entity's EIN) _ _ - Corporation Do you provide legal or medical services? DYes D no (Corp's EIN) _ Government (or Government operated entity) (Entity's EIN) Organization Exempt from Tax under Section 501(a (Org's EIN) 6Yes _ - Do you provide medical services? Q no Check here if you do not have a SSN or EIN but have applied for one. Under penalties of perjury, I certify that: (1) The number listed on this form is my correct Taxpayer Identification Number (or I am waiting for a number to be issued to me) AND (2) 1 am not subject to backup withholding because: (a) I am exempt from backup witholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified me that I am no longer subject to backup withholding (does not apply to real estate transactions, mortgage interest paid, and acquisition or abandonment of secured property, contribution to an individual retirement arrangement (IRA), and payments other than interest and dividends.) CERTIFICATION INSTRUCTIONS -You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup withholding because of under reporting interest or dividends on your tax retum. THE IRS DOES NOT REQUIRE YOUR CONSENT TO ANY PROVISION OF THIS DOCUMENT OTHER THAN THE CERTIFICATIONS REQUIRED TO AVOID BACKUP WITHHOLDING. I am a U.S. person (including a U.S. resident alien). NAME (Print or Type) Darya V. TolpXjina TITLE Owner AUTHORIZED SIGNATURE . _G DATE J O PHONE L7-7- /D 6- (f!t Agency use only 1099 fYes DNo Approved by: