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HomeMy WebLinkAboutClosing Documents Lasers Edge - Rangeline Road Projectr - CLOSING STATEMENT Fee Owner: (Riser Edy Cope ra+;,0 DBA £4r02s Esiye. Address: I o Nonil e{INe £cod eAense✓, .zW 41442.52- Location 1.Pogz Location of Property: 770 NOr ill Rahn,: e /,.j good CMEI , =N 4(e032_ Project: 04- / 9 /614.,e // „/c ,eood Parcel: 'd/ County: f+'+aiaosi Purchase Price: Total IIisburs A en s:NAt5on/k% ,so e� �ie 'iTy $ r 4; aoo. vo 1 (0c 4 Z7/. s' 0 aat36r.543 "The Grantor .(s) assume(s) and agree(s) to pay the 2006 payable 2007 real estate taxes on the above described real estate" Please sign and date in the spaces provided below to acknowledge receipt of payment, and agreement to the amount shown. G/Jse- «dye CorPeraticn Z13A- LAsers &dye OF Ajcim /-><ax 4 ' � l -• 26 •-07 CouArlY ZayNe ,e irs preside,,.- d,4 -/ed A77ESr: �c=c.__a a6— 07 AVnk 4a/ this, SecAt-7194y o0g/ed CLOSING STATEMENT Section 6045 of the Internal 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: Laser Edge Corp. and Azmytti Recording ADDRESS: 770 North Range Line Road., Carmel, IN DESCRIPTION OF PROPERTY: A part of the Northeast Quarter of Section 25, Township 18 North. Range 3 East. Hamilton County, Indiana PROJECT: 06-19 (Rangeline Road — 136°i to US 31) PARCEL: 1 COUNTY: Hamilton RELOCATION ENTITLEMENTS: $20, 000.00 I ( we) certify that Fee Owners above is t nd correct and acknowledge receipt of payment. ignature Date Signature Date 3417 Shr.men Orme a Beech Greve. Indiana 4h107 1 Tel 317.7130.1555 1 1 da 317.780.6525 Ullieets Kam Il. Onwnoy PL, 1 5 YYtllam L N:11. 1'1 Si even V9. Joues Dave ruiner, P.L. L5 Pnd A .S111-00le1),111/1 R Kenn Prvam. Pr. Plilnneis Pm'un L Ste:eci. AIL IL nrclrilucls ilmg C 131, rstwi. AL. I:I1IIJ 1!010 ImPI 11 1100h0. P.L Andrei- 1 Willi: PC Chris R Pnpe, PC onr:vl r 1;':neintl.,, PF 0110111 Cgilnun. I'r Ae011 C. Post, PI [ 11,1 ]0111, I'crnlmnnn. rJ Psi. S sv.aw, v1 wte.lis'iA Ito, :e. e! Wisp \W. Chili, , P1 .10111 111,11011er '11 Pieven It. Pusit PL lope V. liylor. 11111 NL Vm rir.l III ipi P. IA1100 PF LintM1n: mnn:n I. rl,: 11111111•,11.1 Pent P. C:ovluon_ 111 nnlq 1 FrlIpriiI P lend Piuwyni s Il:rlin ;rid!. r-1 Phone'(ail;405 91ry la: 131711195-2996 6 inmC udol''ucc-, coin yin v.. mco1.0111 /T" l/ />"C-///7 t -7V7 /1 1'j: TE).D Col lsull ing I:ngineci . Arrhitrctti July 27, 2006 Mr. Mike McBride, P.E. City Engineer City of Cannel One Civic Square Carmel, Indiana 46032 RE: Early Right of Way Acquisition Range Line Road Project Dear Mr. McBride: In accordance with your request, we are providing the proposed fees to provide the early acquisition services necessary to purchase the property located in the southwest quadrant of the intersection of 13611i Street and Range Line Road, also known as "Laser's Edge". Please note that the fees for this parcel acquisition arc a little higher than customary as we are dealing with only one parcel. R/W Engineering (title search, legal desc, drawings, deed) $1,500 Appraisal 1 {Susan Neal) $4,000 Appraisal 2 {Michael Hazeltine} $4,000 Business Relocation Todd Clift Landlord ---$2775-1T Business Tenant $2,250 (/or each business tenant) Total Take Buying UNITED $3,000 The appraisers have agreed to reduce their schedule to 30 days and we have already ordered the title work in an effort to minimize the time requirements for this item. We appreciate this opportunity to work with you and your staff on this important project. If you have any questions or require any additional information, please contact us. Sincerely, tlnited Consultin ineers resident enclosures c: file (pending) (niters Kent D. Downey, PE., L. S. William E. Hall, PE. Steven W. Jones Dane Richter, PE., L.S. Paul A. Summers, AIA B. Keah Bryant, P.E. Planners Devin L. Stapler, A LCP Architects Craig E. Burgess. AIA Engineers Jerry D. Ritchie, P.E. Andrew T. Wolka, P.E. Chris R. Pope, PE. Darryl P. Wineinger, P.E. Allen R. Egilmez, P.E Adam C. Past, PE. E. Rachelle Pemberton, P.E. Ben S, Swain, P.E. Michael A. Rowe, P.E. Brian W. Craig, P.E. Jan E. Cloth otter, PE. Steven R. Passey, P.P. Todd V. Taylor. PE Paul W. Vincent PE. David B. Miller, P.E. Christopher L. Hammond, P.E. Paul D. Gletzbach, PE. Brian 5 Frederick, PE. Lend Surveyors Timothy .1 Coomes, L 5. 1625 N. Post Road Indianapolis, IN 46219-1995 Phone:(317) 895-2585 Fax: (317) 895-2596 E-mail: info@ucea.com tflVwuCea.Com UNITED Consulting Engineers & Architects "Quality Service - On lune' October 24, 2006 City of Carmel Engineer's Office One Civic Square Carmel, IN 46032 fl rrI n- 3 °f I --- -INVOICE Attn: Mr. Mike McBride,P.E. RE: Laser's Edge Early Acquisition Parcel Range Line Road Project From 136th Street to US 31 Project Number 06-1S ,?o.. /5-3 7 For Engineering Services on the above referenced project, in accordance with an Early Right of Way Acquisition letter dated 7/27/06 * Indicates Items Being Claimed For This Invoice. Right -of -Way Engineering 1 parcels x $ 1,500.00 $ 1,500.00 * Initial Appraisal 1 parcels x $ 4,000.00 $ 4,000.00 * Second Appraisal 1 parcels x $ 4,000.00 $ 4,000.00 * Right -of -Way Buying I parcels x $ 3,000.00 $ 3,000.00 * Right -of -Way Relocation 1 parcels x $ 2,250.00 $ 2,250.00 * Sub -total Less Previous Invoices /l /1/1C-rivtc.tv I n .t 0-1 q S 14,750.00 TOTAL AMOUNT DUE THIS INVOICE $ 14,750.00 United Consulting Engineers and Architects Invoice No. 1 Allen R. E Transport 06-508 0906-01clh Summary Manager Invoice No. 1 10/24/2006 $ 14,750.00 This Invoice $ 14,750.00 Total Invoiced To Date ATwm(Nr i3 Denise McHenry Page 1 of 1 From: Brainard, James C [JBrainard©carmel.in.gov] Sent: Friday, December 15, 2006 3:59 PM To: McBride, Mike T Cc: Duncan, Gary R Mike, I wanted to give you a rationale for the Laser's Edge/Adkins Agreement. Our two appraisals were in the amount of 5745,000 and $790.000. for an average of $767,500. I am told we initially offerred the amount of $745,000. This offer was declined by the owners. The owners did not provide an appraisal but an estimate of a range of values in a letter from appraiser Mike Lady. As you know, Lady is a respected appraiser who the city of Carmel has used on numerous occasions. Mr. Lady indicatedinhis letter that the range of values could be as high as 16% higher than than our appraisals. After some discussion, Mr. and Mrs. Adkins agreed to accept an amount 13% or $96,700 higher than than the average of our two appraisals. The agreed upon sale price of 5884,200 is 12% or $94,200. higher than our highest appraisal Had we litigated this matter, I believe that attomery fees and costs of experts, etc. in the $30,000 to $50,000 could easily have been held against Carmel and the case may have been decided in the upper range of Mike Lady's estimate, requiring us to pay and expend funds in excess of the agreed upon amount. Another factor is the potential delay which could cost the taxpayers more in the cost of the road project due to rising construction costs, especially since we expect prices to rise as construction companies start to do the Major Moves contracts throughout the state. In addition to the agreed upon purchase price, I agreed that the city should be responsible for the cost of moving the current business in the amount of $20,000. The land owner will no doubt lose customers moving from its long established location and will have to expend additional sums in readvertising and establishing itself in a new location. The total amount I agreed that the city should pay for all costs associated with acquiring this property is $884,200. I have sent a copy Mike Lady's letter that was provided by the sellers in a seperate e-mail. Please place that letter in the file with this ratinale. Jim Brainard fia.6,/ 11W m0N1 it Denise McHenry From: McBride, Mike T [MMcBride@carmel.in.gov] Sent: Thursday, January 11, 2007 3:31 PM To: Denise McHenry Cc: Anita Adkins; Dave Richter; Todd Clift Subject: RE: Laser Edge Corporation This sounds acceptable to me. Proceed. Thanks, DILiduid&. SIC J3ua�. J.S. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 Page 1 of 1 Cse,✓C., V 3/07 From: Denise McHenry (mailto:indiana_acquisition@comcast.net] Sent: Thursday, January 11, 2007 2:33 PM To: McBride, Mike T Cc: Anita Adkins; Dave Richter; Todd Clift Subject: Laser Edge Corporation Thank you for getting me the approved warranty deed and settlement amount of $884,200.00. We talked to Mrs. Adkins today and explained we would revise the offer documents to reflect the administration settlement amount of $ 139,200.00. She has agreed to have the check co -payable to them and their lender (Key Bank). She will sign all documents and send them back to Indiana Acquisition so we can assemble the file and forward to United Consulting Engineers for review. At this stage, the documents will be sent to Carmel from United Consulting Engineers, Inc. for payment and processing. Once the check is ready, Key Bank will be contacted for the mortgage pay-off and their signature on the satisfaction (which we have prepared). Key bank will refund whatever funds remain into Laser's Edge bank account. The Adkins will supply us with a paid tax receipt for the files. Wm Todd Cliff will handle the relocation documents and forward to United Consulting for review as well. About the only steps that still need addressed is who will disburse (checks) forward to Key Bank for the pay off and who will record the documents. If this is acceptable to all, we will send the revised offer to Mr. and Mrs. Adkins for acceptance. Thank you Denise McHenry Indiana Acquisition 317 841-6560 A-gild-t oe/N/i ,r CLOSING STATEMENT Section 6045 of the Internal 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: Laser Edge Corp. and Azmyth Recording ADDRESS: 770 North Range Line Road., Carmel, IN DESCRIPTION OF PROPERTY: A part of the Northeast Quarter of Section 25, Township 18 North. Range 3 East. Hamilton County, Indiana PROJECT: 06-19 (Rangeline Road — 136`'" to US 31) PARCEL: 1 COUNTY: Hamilton RELOCATION ENTITLEMENTS: $20,000 00 I (we) certify that1Mmabove is Fee Owners and correct and acknowledge receipt of payment. L5 -.,2S 67 gnature Date Signature Date 3417 She, man Time a Beech Game. heeded ded 46187 Ia Tel 317v913•1555 o Ica 11'/•7H0•6525 -n ACI -1010 -JT I‘ '1 Denise McHenry From: Denise McHenry [indiana_acquisition@a ameritech.net] Sent: Thursday, October 19, 2006 6:19 AM To: 'Richter, Dave' Cc: Wm. Todd Clif Subject: RE: Moving Bids Relocation is not my field of expertise, this will really need to be the City's call. Original Message From: Richter, Dave [mailto:DAVER@ucea.com] Sent: Wednesday, October 18, 2006 9:52 AM To: clift Cc: Denise McHenry Subject: RE: Moving Bids Todd; Thanks for getting this info together. I have asked the project buyer, Denise McHenry to comment on it before making the next move. Can we wait for Denise to respond? Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 From: clift [mailto:wtclift@comcast.net] Sent: Monday, October 16, 2006 5:24 PM To: Richter, Dave Subject: Moving Bids Dave, I've received the moving bids for Laser Edge and Azmyth Studio; Hogan — Mayflower Laser Edge $11,142.00 — high bid , , Azmyth $3,190.00 — High bid Crown — Wheaton Laser Edge $7,995.00 — low bid Azmyth $2,314.00 — low bid Zlcca24 l )4 3 3, , cD Both bids include packing, unpacking and full insurance coverage during the move. The Azmyth bid DOES NOT include the set up for the recording equipment; this will involve a trained technician. Ryan Adkins, Owner has indicated that he will do the setup himself. He will be compensated at $10.00 per hour for the set up of the studio equipment at the replacement site and all cost claimed will be deemed reasonable and necessary before approval for reimbursement of his time. The Laser Edge bid includes the set up of the DVD displays. 111/1 0PHV A /r CJune 10, 2008 transfer & Mapping 33 N. Ninth St., Ste L-21 Noblesville, 1N46060 Phone: 776-8546 Fax: 776-9682 City of Carmel Attn: Diana Cordray, Clerk Treasurer I Civic Sq, Carmel, IN 46032 NO Q n to ViE- el n Cf\fily,i'J. Fo` tiZ:zillie'\91-frt �� Iam the manager of Transfer and Mapping, a department of the Hamilton County Auditor's Office. My office emam, pins real estate records for property taxation. I am writing to inform you that there are delinquent taxes and pe?ml1res ow4ng on two parcels that the City of Carmel acquired for right of way. t.,pavvels involved: 5108.02-002.000 acquired from Laser Edge Corp dba Lasers Edge on I/29/2007 by warranty deed Both kiwi:. were inactivated for tax year 2007 pay 2008 and will no longer be assessed for taxes. However the taxes due for 2011Gay 2007 are still owed and have consequently accrued penalties. Tax bills will be sent to the forma _de ii fTnly:4However, since Cannel is the current owner, the city holds some responsibility for making sure the lipgueiititsxes are paid. o Sincerely, �,, Melissa ,e�* / -LC-- Manager of Transfer & Mapping 33 N Ninth St L-21 Noblesville, IN 46060 773-8546 cc: Mike McBride, City of Carmel Engineer litficHo76,\/7- 1G-1 ert.-1-9 • Crry or C'untri .JAMES BRAE\ .\4,\Vok July 11,2008 Ms. Anita Adkins 680 Carson Court Carmel, IN 46033 Dear Mrs, Adkins: Pursuant to our conversation this afternoon I'm enclosing a copy of Melissa Dashiell's letter as well as the fully -executed Closing Statement we discussed. I hope this information will be helpful. Sincerely yours, Judy Stohler Office Administrator Department of Engineering cc: Mike McBride, City Engineer Melissa Dashiell, Hamilton County Auditor's Office Cr•c,„ Orilur 317.57.1.24-11 FAx 317.571 :131) 1 I qbeA9 I a Hamilton County Auditor 33 N Ninth St NOBLESVILLE, IN 46060 • .9 ,17,') 1019 JUL 24 P I: 44 'aa Deeded owner name: Laser Edge Corp D/b/a Lasers Edge Parties being notified: Owner City Of Carmel Clerk Treasurer 1 Civic Sq Carmel, IN 46032 (Responsible Party for Paying Taxes) PRESCRIBED BY STATE BOARD OF ACCOUNTS 9I; f ,�J COURTESY NOTICE OF TAX SALE Township or Corporation: 16 Carmel COUNTY FORM NO. 137A(Revised 2008) DESCRIPTION OF TRACT OR ITEM OF REAL PROPERTY Property number: 16-09-25-08-02-002.000 Property location: 770 Rangeline Rd N Legal description: 1/29/2007 DEAD used for ROW by Carmel 2007-5545 The County does not warrant the accuracy of the street address or common description Amount for Amount subject Delinquent tax' _, _ judgment to sale (Minimum Bid) Prior Year's Spring Installment or Before Delinquent $4,826.22 . j $4,826.22 Prior Year's Second Installment $0.00 $0.00 Current Year's First Installment $0.00 $0.00 Penalties $1,930.49 $1,930.49 Special assessments: $0.00 $0.00 Delinquent (Prier Year's Spring installment or Before) Current Year XXXXXXXXXXXXXXXX 50.00 Current Year's Second Installment (Taxes and Special Assessments) Postage and publication costs and any other actual costs incurred by the county $95.00 $95.00 Actual costs incurred by the county from a previous tax sale and not yet/recovered by the county $0.00 50.00 Total $6,851.71 $6,851.71 No property described above shall be sold if, at any time before the sale, the Total Amount for Judgment as noted above, is paid in full. If the real property is sold in the tax sale, the amount required to redeem such property will be 110% of the minimum bid for which the tract or real property was offered at the time of sale, as required by IC 6-1.1-24-5 if redeemed not more than six (6) months after the date of sale, or 115% of the minimun bid for which the tract or real property was offered at the time of sale, as required by IC 6-1.1-24-5 if redeemed more than six (6) months after the date of sale, plus the amount by which the purchase price exceeds the minimum bid on the real property plus ten percent (10%) per annum on the amount by which the purchase price exceeds the minimum bid on the property. All taxes and special assessments upon the property paid by the purchaser subsequent to the sale, plus 10% per annum interest on those taxes and special assessments, will also be required to be paid to redeem such property. In addition, IC 6-1,1-25-2(e) states that the total amount required for redemption may include the following costs incurred and paid by the purchaser or the purchaser's assignee or the county before redemption: (1) The attorney's fees and costs of giving notice under IC 6-1.1-25-4.5. (2) The costs of a title search or examining and updating the abstract of title for the tract or item of real property. It the tract or item of real property is sold for an amount more than the minimum bid and the property is not redeemed, the owner of record of the real property who is divested of ownership at the time the tax deed is issued may have a right to the tax sale surplus. OPTIONAL PARAGRAPHS - County Officials Check Box for Paragraphs That Apply 0 Payments must be made with certified funds (ie. cash, cashier check or money orders) Payments must be received no later than noon Oct 15, 2009 to be removed from the sale. XD Mail Payments to: Hamilton County Treasurer 33 N. 9th Street, Ste 112 Noblesville, IN 46060 Contact Hamilton County Treasurer for questions 317-776-9620 n SCHEDULE TO CITY OF CARMEL, INDIANA, REDEVELOPMENT AUTHORITY COUNTY OPTION INCOME TAX LEASE RENTAL REVENUE BONDS, SERIES 2006 CONSTRUCTION FUND I'AYNIENT REQUISITION NO. 53 28 -September -09 AieCH m6N' PAYEES NAME S MAILING ADDRESS Hamilton County Treasurer 33 N Ninth Street Noblesville, IN 46060 AMOUNTS REQUISITIONED COST ITEMIZATION 56,756.71 Rangeline Road - 136th to US 31 QR/)A1 Acquisition) Proj. 06-19 Parcel 1 Tax ID No. 16-09-28-08-02-002.000 2008 Taxes Payable Spring 2009 Total 86,756.71 ALL CHECKS LISTED HEREON TO BE OVER,NIGHTED TO: CrossRoad Engineers, PC Attn: Stephanie Wynder 3417 Sherman Drive Beech Grove, IN 46107 A-1 9/29/2009 Sheetl Laser's Edge Propert Acquisition Date Asset Description Vendor Number Unit Cost 9/18/2006 ROW RANGLEINE 136/31 PARCEL1 LASERS EDGE 844200.00 10/27/2006 ROW SERVICES UNITED CONSULTING 14750.00 5/10/2007 RELOCATION EXPENSE LASER'S EDGE 20000.00 8/10/2009 Legal Services Delinquent Taxes Bose Mckinney 1449.00 9/28/2009 Request payment - Back Taxes + delinquent fees not paid at this point Hamilton County Treasurer 6756.71 Page 1 Johnson, Sandy M kkAcyrow T "K From: McBride, Mike T Sent: Friday, September 25, 2009 1:36 PM To: Johnson, Sandy M; Neville, Katie Cc: Cordray, Diana L Subject: RE: Laser Edge I think it's probably also important for you to know that the City is currently pursuing legal action against the former property owner to recover any damages that the City incurs due to their negligence. However we do feel it is important to ensure that the property does not go to Tax Sale. 91(.644d 7. 7S' City Engineer City of Carmel, Indiana From: McBride, Mike T Sent: Friday, September 25, 2009 1:28 PM To: Johnson, Sandy M; Neville, Katie Cc: Cordray, Diana L Subject: RE: Laser Edge Katie, Can you put together the information that Sandy is requesting and get it up to Sandy. I would like to point out that the only "error here is that the property owner responsible for the taxes prior to the City's purchase has not paid them despite tang eeimg to do so a parttof the:;purcha-Wagreement {MK lxr t x n %ttst3St'a i'txclrae2 7. 2tt ' de City Engineer City of Carmel, Indiana From: Johnson, Sandy M Sent: Friday, September 25, 2009 12:54 PM To: Neville, Katie Cc: McBride, Mike T; Cordray, Diana L Subject: Laser Edge Katie, 1 have gone through all of the emails between, the Mayor, Mike, Dave Richter & Denise McHenry, according to them there was a formal closing on this property on January 13, 2007. 1 need a copy of the HUD statement, the closing docs, which according to the emails were to go to United Consulting. We need these documents to determine how to handle this $6800 error. 1 would like these documents as soon as possible. Once received, I will review the information with Diana. Then she can make a determination as how we should proceed. Thanks S: ndy jol utson Asset Manager City of Carmel - Clerk Treasurer's Office One Civic Square 1 Fine, Lois A From: Bass, Elaine A Sent: Monday, April 27, 2009 3:05 PM To: Fine, Lois A Cc: Haney, Douglas C; Rider, Kevin D; Perkins, Tom D Subject: RE: Council Resolution No. CC -05-04-09-01 Attachments: CC -05-04-09-01 Purchase Road P.. Hi Lois, CC -05-04-09-01 Purchase Road Property $25M+.pdf I checked with Tom and this is NOT an amended resolution. I have removed "As Amended" from the resolution and attached it in corrected electronic version. I will deliver hard copies to you shortly. Let me know if you have any questions. Thanks, Elaine Original Message From: Fine, Lois A Sent: Monday, April 27, 2009 12:06 PM To: Bass, Elaine A Subject: FW: Council Resolution No. CC -05-04-09-01 Hi Elaine, Just a REMINDER! See below. Thank you. Lois Fine Deputy Clerk -Treasurer Clerk -Treasurer's Office One Civic Square Carmel, Indiana 46032 317-571-2413 317-571-2410 (fax) lfine@carmel.in.gov Original Message From: Fine, Lois A Sent: Thursday, April 23, 2009 12:01 PM To: Bass, Elaine A Subject: FW: Council Resolution No. CC -05-04-09-01 Hi Elaine, This Resolution says AS AMENDED. Is this correct? If not I will need for you to provide me with new copies. Thank you. Lois Fine Deputy Clerk -Treasurer Clerk -Treasurer's Office One Civic Square Carmel, Indiana 46032 317-571-2413 317-571-2410 (fax) lfine@carmel.in.gov Opginal_Message From; (Ba s s., - Elaine -A,.. Sent:"Monday, 'April' 2'0, 2009 1:16 PM �To 4 -Fin` ems, 'aYs"A Cc: Haney, Douglas C; Rider, Kevin D; Perkins, Tom D; McBride, Mike T; Duncan, Gary R Subject: Council Resolution No. CC -05-04-09-01 Hi Lois, Attached is the referenced Resolution regarding the purchase of properties valued over $25,000 for the City's road improvement project. Please let Doug, Tom or Gary know if you have any questions. Elaine Bass Executive Legal Assistant City of Carmel - Department of Law One Civic Square Carmel, Indiana 46032 Phone: (317) 571-2472 Fax: (317) 571-2484 E-mail: ebass@carmel.in.gov 2 ajjebAti4A ared apLt Tax Memo To: Laser Edge Corporation dba Lasers Edge of Hamilton County 770 N. Rangeline Road Carmel. IN 46032 Subject: Real Estate Taxes The address (or location) of the above referenced real estate is: 770 N. Rangeline Road Carmel, IN 46032 Said real estate is needed as a total acquisition by the City of Cannel for highway purposes. Please be advised the real estate for the tax year 2006 payable in the year 2007 will not be paid by the City of Carmel as a part of this transaction. These taxes (and all unpaid taxes for previous years) are your obligation as you had possession of this property during the entire year of 2006 and previous years (if applicable). Denise McHenry, Buyer lbaiiton County Treasure, Kim Good Thank Have a�nice dafor y or payment. y. Tuesday; Jan 16 2007 12:37:57 RY 16-09-25-009-02-00Z 000 2,472.03 Total Check Change Receipt k: fct-011/2007_l7 `Jperatar: _jgl 2,472.83 2,472.33 0.00 TAXPAYER COPY oNTNunAWm SUE DX rm. milliners aaocw.awnmnvournwwee,emarm EN REAL PROPERTY TAX STATEMENT McAOIEOOT TO RATE WaYGn AC &WG MI WAIL ONCL gill I���3 $a. 11 ®y .00029200011144444$021 .WY 3'00 1 11 INSTAL/WITnnsF A WRING) mann naeawN ZOOS FAT110at 200T WA uTO9COUITIu.eg ELPERER�m XI emn n/8NaE 01® 219 TAY Mn 209200 TMOTLEEama oway 11.29710 16.09-25-08-02-002.000 'TAT,m• 24.11170 Panel 1645710 •Ieeul• Mc 0EO0 T4s0 PCSIirrola ITYYI/ flat seen TAk NOIIIYYZ Ren. CUNT NW TAI Amex1el.WY • mums paiNOOWI Tax YISWINE EDYST1 Ma i e 0 0 0 0.00 0.00 0.00 000 2.050.00 412.14 000 2,472.1.3 N 325000 0 0 0.00 400 SPECIAL ASSESSMENTS elateneW OATAReM O �: os.sasoc . 0 c•en EOWI NR ono N 1YmeO ALIIT ONWmOR TAY 0R maw Po TO OATS TOTAL Laver Edge Corp Whig Lasers Edge I 110 Rangeline Rd N Cartmel IN 44032 CNacssa d DUE DATE 01010/2e07 TOTAL 011E 2,472.83 ADD 10% PENALTY AFTER ME 0A 5„/ SP4(. (61 12 / 0Se 6� '/ T t4- Olt 0506 LWL ORSEgnos TOTAL 35424 I3&0 Yma0 A 1Q0N1 FROM RUNYON SY imam 092301 DEEOEn0eM1R Lir Etta Com Oita UMetSot SAVa ,.,. @)490GrL (mn/ • ` !-ida11 461,p ZZ:ET L00Z/91/T0 EGDDEDBL TE Z133H3S TZ A?JfLLN33 Z0/Z0 39tld I Art /0 el�J t0 /lift ddaS. 'ft) r]L`L�/,de Laser Edge Corporation - Right of Way Acquisition - 136th and Rangeline Road: I am not sure why the City is responsible for the payment of these property taxes even if we are pursuing legal action (?) against the business owner. This process was sub -contracted to United Consulting which makes them liable for these taxes and any legal fees associated with trying to recoup these fees from the property owner. 1 have requested that Mike McBride provide the Clerk Treasurer with a copy of the signed Purchase Agreement he refers to in the attached email (Attachment K) so that the CT will have the property owner's agreement to pay these taxes. I understand that time is of the essence. However, United Consulting apparently did not collect these taxes at the closing, and they should have been following up on this transaction to make sure the property owner made the tax payments. The delinquent notice of June, 2008 should have been paid. This is exactly why we should have procedures for all land purchases by the City. Documentation is attached for the following: (1) On October 27, 2006, Mike McBride entered into an agreement (Additional Service #7) with United Consulting for Right of Way acquisition services for the Laser's Edge Property. Total amount paid to United consulting was $14,750 on October 27, 2006. (Attachment A). (2) Negotiations for this property continued through December 15, 2006. Email from Mayor Brainard to Mike McBride authorizing settlement of $116,900 over the average of two appraisals. (Attachment B). I January 11, 2007, email regarding the closing documents, settlement, etc. between Mike McBride, 's McHenry and Dave Richter (United Consulting) (Attachment C). ranty Deed signed January 13, 2007 and recorded January 29, 2007. (Attachment D. statement signed by property owners dated January 26, 2007 (hand written with type t \tn\%\.%xeS�. `atizer),ent E). 0ner dated May 23, 2007. Relocation entitlements eery and Dave Richter. cMtachment F-1). Qe�\Se 0 1U1y 11 2008 letter to ����� late taxes. lQttachment l a�atQB S, `(attaehmentG-11• (8) July 24, 2009, notice from County that property is going to tax sale. Taxes $4,826.22 plus penalty $1,930.49 and postage $95.00. (Attachment H). (9) August 26, 2009, invoice from Bose McKinney for legal services attempting to recoverdeliquent taxes. (Attachment I). (10) September 28, 2009, request from Mike McBride to pay back taxes, penalties and postage from the 2006 Road Bond. (Attachment 1). Also included is a spread sheet on the costs associated with this parcel. NOTE: Why is the City involved in trying to recoup these taxes? This process was sub -contracted to United Consulting and they should be paying these taxes and legal fees to recoup these costs. I have requested that Mike McBride provide the Clerk Treasurer with a copy of the signed Purchase Agreement he refers to in the attached email (Attachment K) so that we have a record of the property owner's agreement to pay these taxes. As of today, I have not received this agreement. Attachments JAMES BRAINARD, MAYOR October 27, 2006 Mr. Dave Richter, P.E., L.S. United Consulting Engineers & Architects 1625 N. Post Road Indianapolis, IN 46219-1995 RE: Additional Service #7 (P.O. #15388 - 2006 Bond) Dear Dave: mii-Vonew / it r7 1 ( of EL As we discussed, the City of Cannel has a need for additional professional services and pursuant to our current contract with United Consulting, Contract # 1215.99.05 dated December 15, 1999, 1 have requested and received from you the proposed scope of services and fee estimates for the work task below. Per your email, only one relocation fee will be charged, decreasing Attachment A's estimate by $2,500 for a total of $14,750.00. Additional Services #7: Range Line Road @ 136th Street (Laser's Edge parcel) - R/W Services See "Attachment A" Proposed Fee Not To Exceed $14,750.00 Per our contract procedural requirements, I hereby approve this "Additional Professional Services" estimate, and grant you the Notice To Proceed for the above services. PLEASE NOTE Please be advised that "Additional Services" performed on City contracts must be billed separately from the original contract and other additional services. More importantly, the invoice must reference the appropriate Additional Service # and P.O. # shown above. Invoices received without the Additional Services # referenced will be returned for proper identification. Thank you for your continued assistance in providing the City of Carmel with your professional, quality services. If you should have any questions, please give me a call. Sincerely, Michael T. McBride, P.E. City Engineer cc: Mayor James Brainard Diana Cordray, Clerk Treasurer Jill Newport, CrossRoad Engineers DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineeringOcarmel.in.gov Page 1 of 1 Cordray, Diana L From: Cordray, Diana L Sent: Friday, October 02, 2009 1:17 PM To: Haney, Douglas C Steve E. said that you are pursing the issue of delinquent taxes on the former Laser's Edge property and the small section of Brookshire Golf Course. I wanted to advise you that Katie Neville of the Engineering department requested that I make a disbursement for the Laser's Edge delinquent property taxes from the 2006 Road Bond. I advised her that I would not process this disbursement as I have not received any of the necessary paperwork to show that the city is even liable for these property taxes. I would appreciate knowing if you have reached an understanding with the County that these properties will not be offered at a Sheriff's sale or anything or relevant information. Thanks Dicuna L. Cordray j Carmel Clerk'Treasurer (317)571-2414 10/5/2009 Laser Edge Corporation - Right of Way Acquisition - 136th and Rangeline Road: I am not sure why the City is responsible for the payment of these property taxes even if we are pursuing legal action (?) against the business owner. This process was sub -contracted to United Consulting which makes them liable for these taxes and any legal fees associated with trying to recoup these fees from the property owner. I have requested that Mike McBride provide the Clerk Treasurer with a copy of the signed Purchase Agreement he refers to in the attached email (Attachment K) so that the CT will have the property owner's agreement to pay these taxes. I understand that time is of the essence. However, United Consulting apparently did not collect these taxes at the closing, and they should have been following up on this transaction to make sure the property owner made the tax payments. The delinquent notice of June, 2008 should have been paid. This is exactly why we should have procedures for all land purchases by the City. Documentation is attached for the following: (1) On October 27, 2006, Mike McBride entered into an agreement (Additional Service #7) with United Consulting for Right of Way acquisition services for the Laser's Edge Property. Total amount paid to United consulting was $14,750 on October 27, 2006. (Attachment A). (2) Negotiations for this property continued through December 15, 2006. Email from Mayor Brainard to Mike McBride authorizing settlement of $116,900 over the average of two appraisals. (Attachment B). (3) January 11, 2007, email regarding the closing documents, settlement, etc. between Mike McBride, Denis McHenry and Dave Richter (United Consulting) (Attachment C). (4) Warranty Deed signed January 13, 2007 and recorded January 29, 2007. (Attachment D. (5) Closing statement signed by property owners dated January 26, 2007 (hand written with type written statement regarding taxes). (Attachment E). (6) Closing statement signed by property owner dated May 23, 2007. Relocation entitlements (Attachment F) and email from Denise McHenry and Dave Richter. (Attachment F-1). (7) June 10, 2008, letter from County regarding late taxes. (Attachment G). July 11, 2008 letter to property owner from Engineering regarding late taxes. (Attachment G-1). (8) July 24, 2009, notice from County that property is going to tax sale. Taxes $4,826.22 plus penalty $1,930.49 and postage $95.00. (Attachment H). (9) August 26, 2009, invoice from Bose McKinney for legal services attempting to recoverdeliquent taxes. (Attachment I). (10) September 28, 2009, request from Mike McBride to pay back taxes, penalties and postage from the 2006 Road Bond. (Attachment J). Also included is a spread sheet on the costs associated with this parcel. NOTE: Why is the City involved in trying to recoup these taxes? This process was sub -contracted to United Consulting and they should be paying these taxes and legal fees to recoup these costs. I have requested that Mike McBride provide the Clerk Treasurer with a copy of the signed Purchase Agreement he refers to in the attached email (Attachment K) so that we have a record of the property owner's agreement to pay these taxes. As of today, I have not received this agreement. Attachments At the Council Meeting on October 19,2009 Mike explained to the Council that the problem with Property taxes not being paid was due to a coordination problem with the County and when they could accept tax payments. The 136th and Rangeline (Laser's Edge) property to which the Council and Mike' were referring have nothing to do'with coordination of payment. This property was purchased with theZC10 GEQ -5 approval of the Mayor for $94,200,00 higher than the highest appraisal. They were also given moving allowances of $20,000 — the estimates were $14,332 and $10,309 for moving expense. The Warranty Deed was signed on January 13, 2007, a hand written closing statement was signed, noting the Grantor was responsible for 2006 taxes payable 2007. A check in the amount of $601,831.57 was issued to Laser's Edge and $282,368.43 to Key Bank, no money was deducted for the taxes. On May 23, 2007 another $20,000 was paid to the owners of Laser's Edge with no mention of taxes. .Johnson, Sandy M �TncymE� r From: McBride, Mike T =Sent: Friday, September 25, 2009 1:36 PM To: Johnson, Sandy M; Neville, Katie Cc: Cordray, Diana L Subject: RE: Laser Edge I think it's probably also important for you to know that the City is currently pursuing legal action against the former property owner to recover any damages that the City incurs due to their negligence. However we do feel it is important to ensure that the property does not go to Tax Sale. %dad 7 iltatide City Engineer City of Carmel, Indiana From: McBride, Mike T Sent: Friday, September 25, 2009 1:28 PM To: Johnson, Sandy M; Neville, Katie Cc: Cordray, Diana L Subject: RE: Laser Edge Katie, Can you put toge her the information that Sandy is requesting and get it up to Sandy. I would like to point out that the only "error' here.is tha the property owner responsible for the taxes prior to the City's purchase has not paid them despite agree g'� t' o dSo" eo a parttof thel,purchase agreement 1 s. ;144. dc.! 7iliclael7. %ltc ge& City Engineer City of Carmel, Indiana From: Johnson, Sandy M Sent: Friday, September 25, 2009 12:54 PM To: Neville, Katie Cc: McBride, Mike T; Cordray, Diana L Subject: Laser Edge Katie, I have gone through all of the emails between, the Mayor, Mike, Dave Richter & Denise McHenry, according to them there was a formal closing on this property on January 13, 2007. I need a copy of the HUD statement, the closing docs, which according to the emails were to go to United Consulting. We need these documents to determine how to handle this $6800 error. I would like these documents as soon as possible. Once received, I will review the information with Diana. Then she can make a determination as how we should proceed. Thanks. Sandy Johnson Asset Manager City of Carmel - Clerk "Treasurer's Office One Civic Square 1 Laser Edge Corporation Right of Way Acquisition 136th and Rangeline: Diana, I am not sure why the City is responsible for the payment of the taxes, even if we are pursuing legal action against the homeowner. This process was sub -contracted to United Consulting which makes them liable for these taxes and any legal fees associated with trying to recoup these fees from the property owner. I have requested that Mike McBride provide the Clerk Treasurer with a copy of the signed Purchase Agreement he refers to in the attached email (Attachment K) — so that have record of the property owner agreeing to payment of these taxes — so that we have something to show with a claim. I understand that time is of the essence, however United Consulting did not collect these taxes at the closing, they should have been following up on this transaction to make sure the property owner made the tax payments. The delinquent notice in June, 2008 should have been followed up. This is exactly why we should have procedures for all purchases in the City. I have attached all documentation to explain this position. On October 27, 2006 Mike McBride entered into an agreement (Additional Service #7) with United Consulting for Right of Way acquisition services for the Laser's Edge Property. Total amount paid to United Consulting $14,750 on October 27, 2006. (Attachment A) Negotiations for this property continued through; December 15, 2006. Email from Mayor Brainard to Mike McBride authorizing settlement $116,900 over the average of two appraisals. (Attachment B) January 11, 2007 email regarding the closing, documents, settlement, etc. between Mike McBride, Denis McHenry and Dave Richter (United Consulting) (Attachment C) Warranty Deed signed January 13, 2007 recorded January 29, 2007. (Attachment D) Closing statement signed by property owners, dated January 26, 2007 — hand written with type written statement regarding taxes. (Attachment E) Closing statement signed by property owner, dated May 23, 2007 — Relocation entitlements (Attachment F). Email from Denise McHenry and Dave Richter with moving bids. (Attachment F-1) June 10, 2008 letter from County regarding late taxes. (Attachment G) July 11, 2008 letter to property owner from Engineering regarding late taxes. (Attachment G-1) July 24, 2009 notice from County that property is going to tax sale. Taxes $4,826.22 penalty $1,930.49, postage $95.00. (Attachment H) August 26, 2009 invoice from Bose McKinney — legal services trying to recover taxes. (Attachment I) September 28, 2009 — Request from Mike McBride to pay back taxes, penalties and postage out of 2006 Road Bond. (Attachment 1) Spread sheet on cost associated with this parcel. Why is the City involved in trying to recoup these taxes. This process was sub -contracted to United Consulting and they should be paying these taxes and legal fees to recoup these cost. I have requested that Mike McBride provide the Clerk Treasurer with a copy of the signed Purchase Agreement he refers to in the attached email (Attachment K) —so that have record of the property owner agreeing to payment of these taxes — to date I have not received this agreement. Attachments Page 1 of 1 ,4 Tigc» n1 zN r ria it Denise McHenry From: Brainard, James C [JBrainard©carmel.in.govj Sent: Friday, December 15, 2006 3:59 PM To: McBride, Mike T Cc: Duncan, Gary R Mike, I wanted to give you a rationale for the Laser's Edge/Adkins Agreement. Our two appraisals were in the amount of $745,000 and $790.000. for an average of $767,500. I am told we initially offerred the amount of $745,000. This offer was declined by the owners. The owners did not provide an appraisal but an estimate of a range of values in a letter from appraiser Mike Lady. As you know, Lady is a respected appraiser who the city of Carmel has used on numerous occasions. Mr. Lady indicatedinhis letter that the range of values could be as high as 16% higher than than our appraisals. After some discussion, Mr. and Mrs. Adkins agreed to accept an amount 13% or $96,700 higher than than the average of our two appraisals. The agreed upon sale price of $884,200 is 12% or $94,200. higher than our highest appraisal Had we litigated this matter, I believe that attomery fees and costs of experts, etc. in the $30,000 to $50,000 could easily have been held against Carmel and the case may have been decided in the upper range of Mike Lady's estimate, requiring us to pay and expend funds in excess of the agreed upon amount. Another factor is the potential delay which could cost the taxpayers more in the cost of the road project due to rising construction costs, especially since we expect prices to rise as construction companies start to do the Major Moves contracts throughout the state. In addition to the agreed upon purchase price, I agreed that the city should be responsible for the cost of moving the current business in the amount of $20,000. The land owner will no doubt lose customers moving from its long established location and will have to expend additional sums in readvertising and establishing itself in a new location. The total amount I agreed that the city should pay for all costs associated with acquiring this property is $884,200. I have sent a copy Mike Lady's letter that was provided by the sellers in a seperate e-mail. Please place that letter in the file with this ratinale. Jim Brainard iqui CN t 1a /1 Denise McHenry From: McBride, Mike T [MMcBride©carmel.in.gov] Sent: Thursday, January 11, 2007 3:31 PM To: Denise McHenry Cc: Anita Adkins; Dave Richter; Todd Cliff Subject: RE: Laser Edge Corporation This sounds acceptable to me. Proceed. Thanks, ®ILLag. ®O1AL, J.&. City Engineer City Of Carmel Indiana One Civic Square Carmel, 1N 46032 phone: (317) 571-2441 fax: (317) 571-2439 Page 1 of 1 Close AJC7 r i 3w7 From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Thursday, January 11, 2007 2:33 PM To: McBride, Mike T Cc: Anita Adkins; Dave Richter; Todd Clift Subject: Laser Edge Corporation Thank you for getting me the approved warranty deed and settlement amount of $884,200.00. We talked to Mrs. Adkins today and explained we would revise the offer documents to reflect the administration settlement amount of $ 139,200.00. She has agreed to have the check co -payable to them and their lender (Key Bank). She will sign all documents and send them back to Indiana Acquisition so we can assemble the file and forward to United Consulting Engineers for review. At this stage, the documents will be sent to Carmel from United Consulting Engineers, Inc. for payment and processing. Once the check is ready, Key Bank will be contacted for the mortgage pay-off and their signature on the satisfaction (which we have prepared). Key bank will refund whatever funds remain into Laser's Edge bank account. The Adkins will supply us with a paid tax receipt for the files. Wm Todd Cliff will handle the relocation documents and forward to United Consulting for review as well. About the only steps that still need addressed is who will disburse (checks) forward to Key Bank for the pay off and who will record the documents. If this is acceptable to all, we will send the revised offer to Mr. and Mrs. Adkins for acceptance. Thank you Denise McHenry Indiana Acquisition 317 841-6560 iy/t/09,-Kcitecata7_,/- Hamilton County Auditor 33 N Ninth St NOBLESVILLE, IN 46060 Deeded owner name: Parties being notified: f 44v tiffs 1 1009 JUL 24 P I: 44 ;ilg/Lta ' r,'/ r /� Laser Edge Corp D/b/a Lasers Edge eine-Cecd CJS[, -p yJr- Owner City Of Carmel Clerk Treasurer 1 Civic Sq Carmel, IN 46032 (Responsible Party for Paying Taxes) PRESCRIBED BY STATE BOARD OF ACCOUNTS Property number: Legal description: (0 X1191 to /� 7 1f�. (!ctc r, -,0 -.,K -0,(A r"r1G.-- { i�V n C � COURTESY NOTICE OF TAX SALE Township or Corporation: 16 Carmel COUNTY FORM NO. 137A(Revised 2008) DESCRIPTION OF TRACT OR ITEM OF REAL PROPERTY 16-09-25-08-02-002.000 Property location: 770 Rangeline Rd N 1/29/2007 DEAD used for ROW by Carmel 2007-5545 The County does not warrant the accuracy of the street address or common description Delinquent tax: Prior Year's Spring Installment or Before Delinquent Prior Year's Second Installment Current Year's First Installment Penalties Amount for Amount subject judgment to sale (Minimum Bid) 54,826.22 ---, $4,826.22 50.00 50.00 50.00 50.00 51,930.49 51,930.49 Special assessments: 50.00 $0.00 Delinquent (Prior Year's Spring installment or Before) Current Year XXXXXXXXXXXXXXXX $0.00 Current Year's Second Installment (Taxes and Special Assessments) Postage and publication costs and any other actual costs incurred by the county 595.00 595.00 Actual costs incurred by the county from a previous tax sale and not yet recovered by the county 50.00 50.00 Total $6,851.71 56,851.71 No property described above shall be sold if, at any time before the sale, the Total Amount for Judgment as noted above, is paid in full. If the real property is sold in the tax sale, the amount required to redeem such property will be 110% of the minimum bid for which the tract or real property was offered at the time of sale, as required by IC 6-1.1-24-5 if redeemed not more than six (6) months after the date of sale, or 115% of the minimun bid for which the tract or real property was offered at the time of sale, as required by IC 6-1.1-24-5 if redeemed more than six (6) months after the date of sale, plus the amount by which the purchase price exceeds the minimum bid on the real property plus ten percent (10%) per annum on the amount by which the purchase price exceeds the minimum bid on the property. All taxes and special assessments upon the property paid by the purchaser subsequent to the sale, plus 10% per annum interest on those taxes and special assessments, will also be required to be paid to redeem such property. In addition, IC 6-1.1-25-2(e) states that the total amount required for redemption may include the following costs incurred and paid by the purchaser or the purchaser's assignee or the county before redemption: (1) The attorney's fees and costs of giving notice under IC 6-1.1-25-4.5. (2) The costs of a title search or examining and updating the abstract of title for the tract or item of real property. If the tract or item of real property is sold for an amount more than the minimum bid and the property is not redeemed, the owner of record of the real property who is divested of ownership at the time the tax deed is issued may have a right to the tax sale surplus. OPTIONAL PARAGRAPHS - County Officials Check Box for Paragraphs That Apply QX Payments must be made with certified funds (ie. cash, cashier check or money orders) Payments must be received no later than noon Oct 15, 2009 to be removed from the sale. QX Mail Payments to: Hamilton County Treasurer 33 N. 9th Street, Ste 112 Noblesville, IN 46060 Contact Hamilton County Treasurer for questions 317-776-9620 n Page 1 of 3 Cordray, Diana L From: Engelking, Steve C Sent: Friday, September 25, 2009 2:36 PM To: Cordray, Diana L Subject: RE: Laser Edge I will this time, but it seems logical that all future correspondence include Haney as an addressee in the future. This is a legal matter and I should not have to be the "messenger" to get the information to them. Thanks. Steve Engelking Director, Department of Administration 317-571-2403 From: Cordray, Diana L Sent: Friday, September 25, 2009 2:32 PM To: Engelking, Steve C Subject: RE: Laser Edge Are you going to notify them since they are next door? D Lana L. Core -Cray CarmeC Clerk 'T+easurer (317)571-2414 From: Engelking, Steve C Sent: Friday, September 25, 2009 2:26 PM To: Cordray, Diana L Subject: RE: Laser Edge All of this needs to be shared with the Department of Law. Steve Engelking Director, Department of Administration 317-571-2403 From: Cordray, Diana L Sent: Friday, September 25, 2009 2:19 PM To: Engelking, Steve C Subject: FW: Laser Edge FYI Diana L. Cordray Ca:rmet Clerk 'Treasurer (317)571-2414 From: Johnson, Sandy M 9/25/2009 PaQe2of3 Sent: Friday, September 25, 2009 2:10 PM To: McBride, Mike T; Neville, Katie Cc: Cordray, Diana L Subject: RE: Laser Edge Mike, I got the documents, since there was a formal closing there should be a HUD statement showing the tax liability. What I have is a closing statement dated 5/23/07 that is for a $20,000 settlement, a warranty deed dated January 13,2007, and another closing statement for the purchase price, all hand written except for the statement about the taxes; without a notary, dated 1/26/2007 — I need the HUD statement to make sure that we did not collect the taxes at closing — which in a formal closing would have been done. I also, don't have the purchase agreement that states they agree to responsibility for the taxes. From: McBride, Mike T Sent: Friday, September 25, 2009 1:36 PM To: Johnson, Sandy M; Neville, Katie Cc: Cordray, Diana L Subject: RE: Laser Edge I think it's probably also important for you to know that the City is currently pursuing legal action against the former property owner to recover any damages that the City incurs due to their negligence. However we do feel it is important to ensure that the property does not go to Tax Sale. 911.ie4aet 7. 24c6'aide City Engineer City of Carmel, Indiana From: McBride, Mike T Sent: Friday, September 25, 2009 1:28 PM To: Johnson, Sandy M; Neville, Katie Cc: Cordray, Diana L Subject: RE: Laser Edge Katie, Can you put together the information that Sandy is requesting and get it up to Sandy. I would like to point out that the only "error" here is that the property owner responsible for the taxes prior to the City's purchase has not paid them despite agreeing to do so as part of the purchase agreement. 91&.&ekad 7. mice City Engineer City of Carmel, Indiana From: Johnson, Sandy M Sent: Friday, September 25, 2009 12:54 PM To: Neville, Katie Cc: McBride, Mike T; Cordray, Diana L Subject: Laser Edge Katie, I have gone through all of the emails between, the Mayor, Mike, Dave Richter & Denise McHenry, according to them there was a formal closing on this property on January 13, 2007. I need a copy of the HUD statement, the closing docs, which according to the emails were to go to United Consulting. We need these documents to determine how to handle this $6800 error. I would like these documents as soon as possible. 9/25/2009 Page 3 of 3 Once received, I will review the information with Diana. Then she can make a determination as how we should proceed. Thanks. Sandy Johnson Asset Manager City of Carmel - Clerk Treasurers OIIicc One Civic Square Canucl, Indiana 317,571-2628 9/25/2009 Hamilton County Auditor 33 N Ninth St NOBLESVILLE, IN 46060 Deeded owner name: Parties being notified: a Laser Edge Corp D/b/a Lasers Edge Owner N —4 City Of Carmel Clerk Treasurer 1 Civic Sq Carmel, IN 46032 (Responsible Party for Paying Taxes) PRESCRIBED BY STATE BOARD OF ACCOUNTS COURTESY NOTICE OF TAX SALE Township or Corporation: 16 Carmel COUNTY FORM NO. 137A(Revised 2008) DESCRIPTION OF TRACT OR ITEM OF REAL PROPERTY Property number: 16-09-25-08-02-002.000 Property location: 770 Rangeline Rd N Legal description: 1/29/2007 DEAD used for ROW by Carmel 2007-5545 The County does not warrant the accuracy of the street address or common description Amount for Amount subject Delinquent tax: judgment to sale (Minimum Bid) Prior Year's Spring Installment or Before Delinquent $4,826.22 54,826.22 Prior Year's Second Installment 50.00 50.00 Current Year's First Installment 50.00 50.00 Penalties 51,930.49 51,930.49 Special assessments: 50.00 50.00 Detinqucnt Year's Spring i ,a,.oY or Before) Cur; eiirixUXriXiX>JUiX -$0.00 Current Year's Second Installment (Taxes and Special Assessments) Postage and publication costs and any other actual costs incurred by the county 595.00 $95.00 Actual costs incurred by the county from a previous tax sale and not yet recovered by the county 50.00 $0.00 Total 56,851.71 56,851.71 No property described above shall be sold if, at any time before the sale, the Total Amount for Judgment as noted above, is paid in full. If the real property is sold in the tax sale, the amount required to redeem such property will be 110% of the minimum bid for which the tract or real property was offered at the time of sale, as required by IC 6-1.1-24-5 if redeemed not more than six (6) months after the date of sale, or 115% of the minimun bid for which the tract or real property was offered at the time of sale, as required by IC 6-1.1-24-5 if redeemed more than six (6) months after the date of sale, plus the amount by which the purchase price exceeds the minimum bid on the real property plus ten percent (10%) per annum on the amount by which the purchase price exceeds the minimum bid on the property. All taxes and special assessments upon the property paid by the purchaser subsequent to the sale, plus 10% per annum interest on those taxes and special assessments, will also be required to be paid to redeem such property. In addition, IC 6-1.1-25-2(e) states that the total amount required for redemption may include the following costs incurred and paid by the purchaser or the purchaser's assignee or the county before redemption: (1) The attorney's fees and costs of giving notice under IC 6-1.1-25-4.5. (2) The costs of a title search or examining and updating the abstract of title for the tract or item of real property. If the tract or item of real property is sold for an amount more than the minimum bid and the property is not redeemed, the owner of record of the real property who is divested of ownership at the time the tax deed is issued may have a right to the tax sale surplus. OPTIONAL PARAGRAPHS - County Officials Check Box for Paragraphs That Apply QX Payments must be made with certified funds (ie. cash, cashier check or money orders) ❑X Payments must be received no later than noon Oct 15, 2009 to be removed from the sale. QX Mail Payments to: Hamilton County Treasurer 33 N. 9th Street, Ste 112 Noblesville, IN 46060 Contact Hamilton County Treasurer for questions 317-776-9620 Dated July 23, 2009 Auditor, Hamilton County, Indiana 2009 - Hamilton County - Spring A '':5 h: 1'EIRCEN'I (5",L) 1'ENA CIT \\'ILI, BE ADDED Ili 'I'I n; INS 'I'ALL\I ENI' OETHE T1\S BILI. IS 0,01) WITHIN THIRTY (tll) DAYS AI'FKR THE DUE: DATE AND "1'IIERE. P\R NOO'1'IIEIt OUTSTANDING DELINQUENT PERCEN'F(111;G.1PF\,\CIYI\'l1,1,lu:AI)BE111P AN INNn5i.i_IE:N'i' OE THE TAS BILL IS N/I'I' PAII) t\\'I'I'IIN'I'IIIR'I'1' (30) DAYS AFTER THE DUE IMT'E. NO'T'ICE: THIS'. AN 1111.1. Is Timm ()NIA' NOTICE \'OU N'll.l. RECE1\'Ir. FOR PAY.\I ESI' OF ROTO INSUII_McN'rs FOR YOUR 111118 PAN' 2009 1'RI11'E1411 TAXES SPRING INSTALLMENT - A PROPERTY NUMBER FIV IDI III Check here if a change of address is indicated on back of form 000 2 64 NAME AND ADDRESS OF TAXPAYER 16-09-25-08-02-002.000 VIII III City Of Carmel Clerk Treasurer 1 Civic Sq Carmel IN� 32\ 00002292008002886''2640010000006756717 „ LEGAL DESCRIPTION: Delinquent after: Property Taxes Due: Other Charges (See Table 4) Delinquent Tax and Penalty: LESS PREPAYMENTS: July 10, 2009 $0.00 $0.00 $6,756.71 $0.00 Pay This Amount For SPRING $6,756.71 7.-- \'`r\ Detacn ana return coupon with SPRING payment 1/29/2007 DEAOused for ROW by Carmel 20075545355-26 138.0 X 208.0 A 1/28(91 FROM RUNYON 5/4/95 FRM RUNYON RLTY 9523952 12/11/95 FRM 770 N RANGELINE( RD LLC 9564591 1'2912007 DEAD used for ROW by Carmel 07 pay 08 2007-5545 NOTICE: THIS TAX BILLFIS THE ONLY/NOTICE YOU WILL RECEIVE FOR PAYMENT OF BOTH INSTALLMENTS OF YOUR PROPERTY TAX. Remit By Mail To: HAMILTON COUNTY TREASURER 33 N NINTH ST NOBLESVILLE IN 46060 TAXPAYER NAME: City Of Carmel PROPERTY NUMBER 16-09-25-08-02-002.000 The validity of the tax- The time at which the lax i'.paymble or uny,subse uenl proceeding instituted for the collection of the tax is not affected by the failure of a person to receive his lax hill. ) N- 11 any circumstances have changed that would make you ineligible for'a-deduclion That you have been allowed in the exemption block in Table 5 on the TS -1, you oust notify the county uudilur. II such a change in circumstances has ocanied and you E81110lith lied the county auditor, the deduction will be disallowed and you will he liable for taxes and penalties on the amount deducted. (/ e( elle /8k must have sufficient funds in your checking uccoun1 at ill Lt une.we prcWnhyotir cheek to the hank or your lax payment is void. (t/ \ \ / For Questions Concerning,. Tc AmounN,.Blease call COU nh' Treasurer's office at Mailed payments mast have a Postal Service postmark on or before the due dale printed on){hd {FINE of he stattnleit. 1 be payment envelope must he properly addressed and must luny sufficient postage. To notify this Alec ol'any ADDRESS CHANGE- check the hos on the front of the payment coupon and o'"om )15te,and sign the form. which appears an the reverse side of the \ payment coupon. To ensure prompt posting of your las payment. please detach and tcwm tithe peymeoG t.coupon with your check. Thank you far your cooperation Important Note: If Noor mortgage company is responsible for (he payment of vour taxes, please fon, and this statement intact to them immediately. V c\ '•Fall. ,\ 1 Detach and return coupon with FALL payment 2009 - Hamilton County A I§YE PERCENT' IS%.) PENAL 11' \PILL BE ADDED IF'I'Ht. INS'I'AI.1-,11EN'I' OF'I'I IE 1 AX BILI. IS PAID Na' I' I' III N'I'IIIR'I'S' (311) no S AFTER • IARI: NO OTHER OUTSTANDING DELINQUENT CIIARCICS. A'1'EN PERCENT (111 18.) PENALTY \YI1.1. ISE ADDED IF Al I1MSI'A1.1.1\iEN'I' OF'rl 1\\T'rIl1N'I'IIIRTY (30) DAYS APTER'THl: DUE DATE. NOTICE: THIS TAN 811.1. IS THE ONLY NOTICE YOU W11.0146:1VE FOR I'A1':1IENT EORA'OUR '008 1' 11' '009 PROPER'I'1''1'1 XI'S I TIL DUE DA'I E AND THERE: IE TAX BILE IS NOT PAID OF BOTH I 5 5!.1.\I ESI'S FALL INSTALLMENT - B Check here if a change of address Delinquent after: is indicated on back of form Property Taxes Doer Other Charges`See Table�4) Delinquent Tax and\Penalty> LESS PREPAYMENTS: PROPERTY NUMBER II 1111111 II II 0.002 00 6402 IVII VIII II VI 6-09-25 08 02 002.000 1 II NAM AND ADDRESS OF TAXPAYER City Of Carmel C erk Treasurer 1 Civic Sq Carmel IN 46032 VIII II 00002920080028862640020000000000007 November 10, 2009 $0.00 $0.00 $0.00 $0.00 Pay This Amount v // 1 $0.00 For FALL C < ) ) Remit By Mail To: \\ // HAMILTON COUNTY TREASURER 33 N NINTH ST NOBLESVILLE IN 46060 ;JI'M Ii ®•,.n/ 1: yin MIA ':IIA.'0L1Mr; ".ii'Cii ni� CITY'4@ ARMEL JAMES BRAINARD, MAYOR January 26, 2007 Laser Edge Corporation / Wayne & Anita Adkins Project No.: 06-19 Azmyth Recording / Ryan Adkins Parcel No.: 1 770 North Range Line Road County: Hamilton County Carmel, Indiana 46032 Project: Range Line Road The City of Carmel has acquired the property, generally located at: Address or Location: 770 North Range Line, Carmel, Indiana 46032 This is your order to vacate. In order to comply with State regulations, it is our responsibility to notify you that the item(s) which you agreed to move must be removed from the acquired right-of-way no later than April 30, 2007. This request includes the moving of personal property as well has turning over possession of the building to the City of Carmel on the specified date. Be aware that any items left in the acquired right-of-way after the specified date, will remain at your risk. Items that are not removed will be considered abandon and of no value. The City of Carmel and/or contractors will be authorized to remove these items. Items in the Right -of -Way: Personal Property In order to ensure that the construction phase of this project goes smoothly, please feel free to contact Mike McBride at # 317-571-2441 if questions arise or if verification is needed. Thank you in advance for complying with this request. Sinc�ereely,,% % L.2( Michael T. McBride, P.E. City Engineer City of Carmel WTC/tc cc: Dave Richter, UCEA File — - DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov Page 1 of 1 Denise McHenry From: McBride, Mike T [MMcBride©carmel.in.gov) Sent: Thursday, January 11, 2007 3:31 PM To: Denise McHenry Cc: Anita Adkins; Dave Richter; Todd Clift Subject: RE: Laser Edge Corporation This sounds acceptable to me. Proceed. Thanks, OILY.1 Y. D1LJg3t:as., J.&. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Thursday, January 11, 2007 2:33 PM To: McBride, Mike T Cc: Anita Adkins; Dave Richter; Todd Clift Subject: Laser Edge Corporation Thank you for getting me the approved warranty deed and settlement amount of $884,200.00. We talked to Mrs. Adkins today and explained we would revise the offer documents to reflect the administration settlement amount of $ 139,200.00. She has agreed to have the check co -payable to them and their lender (Key Bank). She will sign all documents and send them back to Indiana Acquisition so we can assemble the file and forward to United Consulting Engineers for review. At this stage, the documents will be sent to Carmel from United Consulting Engineers, Inc. for payment and processing. Once the check is ready, Key Bank will be contacted for the mortgage pay-off and their signature on the satisfaction (which we have prepared). Key bank will refund whatever funds remain into Laser's Edge bank account. The Adkins will supply us with a paid tax receipt for the files. Wm Todd Cliff will handle the relocation documents and forward to United Consulting for review as well. About the only steps that still need addressed is who will disburse (checks) forward to Key Bank for the pay off and who will record the documents. If this is acceptable to all, we will send the revised offer to Mr. and Mrs. Adkins for acceptance. Thank you Denise McHenry Indiana Acquisition 317 841-6560 1/12/2007 • Page l of l Denise McHenry From: Denise McHenry [indiana_acquisition@comcast.netj Sent: Thursday, January 11, 2007 2:33 PM To: Michael T. McBride, City Engineer Cc: Anita Adkins; Dave Richter; Todd Clift (wtclift@comcast.net) Subject: Laser Edge Corporation Thank you for getting me the approved warranty deed and settlement amount of $884,200.00. We talked to Mrs. Adkins today and explained we would revise the offer documents to reflect the administration settlement amount of $ 139,200.00. She has agreed to have the check co -payable to them and their lender (Key Bank). She will sign all documents and send them back to Indiana Acquisition so we can assemble the file and forward to United Consulting Engineers for review. At this stage, the documents will be sent to Carmel from United Consulting Engineers, Inc. for payment and processing. Once the check is ready, Key Bank will be contacted for the mortgage pay-off and their signature on the satisfaction (which we have prepared). Key bank will refund whatever funds remain into Laser's Edge bank account. The Adkins will supply us with a paid tax receipt for the files. Wm Todd Cliff will handle the relocation documents and forward to United Consulting for review as well. About the only steps that still need addressed is who will disburse (checks) forward to Key Bank for the pay off and who will record the documents. If this is acceptable to all, we will send the revised offer to Mr. and Mrs. Adkins for acceptance. Thank you Denise McHenry Indiana Acquisition 317 841-6560 1/11/2007 rw: Kangelme Koad-Lazets tage Page 1 of 3 Denise McHenry From: Richter, Dave [DAVER@ucea.com] Sent: Thursday, January 11, 2007 8:05 AM To: indiana_acquisition@comcast.net Subject: Fw: Rangeline Road-Lazers Edge Denise, Would you be willing to coordinate this with Todd. 1 am sorry, but this is beyond my expertise and 1 do not know the answers Todd is asking for. Please also involve Mike McBride as you see appropriate. Mike likes to be in the information loop. Thank you so much for your help on this. I will call you later today to follow up on this and share some other news with you. Dave Richter, PE, PLS United Consulting Engineers (317) 501-6743 Sent using BlackBerry ---- Original Message From: clift <wtclift@comcast.net> To: Richter, Dave; 'Denise McHenry' <indiana_acquisition@comcast.net> Cc: 'Michael T. McBride, City Engineer' <MMcBride@carmel.in.gov> Sent: Wed Jan 10 18:09:18 2007 Subject: RE: Rangeline Road -1 azers Edge Dave, 1 have a few questions regarding the settlement with Mr. & Mrs. Adkins; I. Does the $20,000.00 paid in the settlement for relocation cover all moving a related relocation expenses for Laser's Edge and Azmyth Recording Studio? 2. Do you still want me to clear the R/W of all personal property once the move is completed and collect the keys and turn them over to the City? 3. Will there be a vacate date given to both occupants once payment is made? 4. The completed relocation documents and moving estimates were to be submitted once move claims were made by Laser's Edge and Azmyth but now that the relocation monies are included in the settlement should 1 submit all relocation documents to you now or wait until the move is complete and the R/W is cleared? Thanks. Wm. Todd Clift, R/W Specialist Clift R/W Services Off. & Cell # 317.858.9462 1/11/2007 Fw: Rangeline Road-Lazers Edge Page 2 of 3 wtclift@comcast.net From: McBride, Mike T [mailto:MMcBride a carmel.in.gov] Sent: Wednesday, January 10, 2007 12:11 PM To: Denise McHenry Cc: "Dave Richter \(Business Fax\)"; clift Subject: RE: Rangeline Road-Lazers Edge Denise, The administrative settlement amount is $884,200.00 as indicated in the attached correspondence from Mayor Brainard. In addition, the City agreed to pay $20,000 as business relocation expenses (also indicated in the attachment). All settlement and transfer documentation should be based on these amounts. Please notify me immediately if any issues are perceived. Thanks, Michael T. McBride, P.E. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: Denise McHenry [mailto:ind_ianaacquisition@comcast.net] Sent: Tuesday, January 09, 2007 6:46 PM To: McBride, Mike T Cc: "Dave Richter \(Business Fax\)" Subject: RE: Rangeline Road-Lazers Edge Thank you, I also will need the agreed amount to offer Mrs. Adkins in writing from you. Thanks again, let me know if I can help in any other way. Denise ---Original Message ---- 1/11/2007 Page 1 of 1 Denise McHenry From: Denise McHenry [indiana_acquisition@comcast.net] Sent: Tuesday, January 09, 2007 6:46 PM To: 'McBride, Mike T Cc: Dave Richter (Business Fax) Subject: RE: Rangeline Road-Lazers Edge Thank you, I also will need the agreed amount to offer Mrs. Adkins in writing from you. Thanks again, let me know if I can help in any other way. Denise Original Message ---- From: McBride, Mike T [mailto:MMcBride@carmel.in.gov] Sent: Tuesday, January 09, 2007 5:33 PM To: Denise McHenry Cc: Dave Richter Subject: RE: Rangeline Road-Lazers Edge We'II need to modify the documents to reflect the agreed amount. We'll also need to prepare an administrative settlement letter stating the justification provided by the Mayor for this increase in our payment for this acquisition. I'll get you an electronic copy of the approved Warranty Deed tomorrow (I've been promised it be approve by the legal dept.) Jll;fate &. Ali J3ry ate. J .�. City Engineer City Of Cannel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: Denise McHenry [mailto:indiana_acquisition@comcastnet] Sent: Tuesday, January 09, 2007 11:28 AM To: McBride, Mike T; Anita Adkins Cc: Dave Richter Subject: Rangeline Road-Lazers Edge Mr. McBride, I spoke to Mrs. Adkins today and she stated the closing is schedules for this Friday. I wanted to know if you would like me to modify the offer documents to reflect the agreed amount of $884,200.00. I also need a copy of the approved warranty deed so I can prepare it for the closing. We will do whatever the City of Carmel needs us to do to secure this parcel, please advise. Thank you, Denise McHenry Indiana Acquisition 317 841-6560. 1/9/2007 Page 1 of 1 Denise McHenry From: McBride, Mike T [MMcBride©carmel.in.gov] Sent: Tuesday, January 09, 2007 5:27 PM To: Denise McHenry; Anita Adkins Cc: Dave Richter Subject: RE: Rangeline Road-Lazers Edge Denise & Anita, We've made a significant effort to try to pull this all together through the legal approval process, but we havn't gotten it done. I think we're going to have to postpone this closing at least a week. I'm Sorry Anita. Jil;.Y, f J. DIZ,:g . City Engineer City Of Carmel Indiana One Civic Square Carmel, 1N 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Tuesday, January 09, 2007 11:27 AM To: McBride, Mike T; Anita Adkins Cc: Dave Richter Subject: Rangeline Road-Lazers Edge Mr. McBride, I spoke to Mrs. Adkins today and she stated the closing is schedules for this Friday. I wanted to know if you would like me to modify the offer documents to reflect the agreed amount of $884,200.00. I also need a copy of the approved warranty deed so I can prepare it for the closing. We will do whatever the City of Carmel needs us to do to secure this parcel, please advise. Thank you, Denise McHenry Indiana Acquisition 317 841-6560. 1/9/2007 Page 1 of 1 Denise McHenry From: Denise McHenry [indiana_acquisition@comcast.net] Sent: Tuesday, January 09, 2007 11:28 AM To: Michael T. McBride, City Engineer, Anita Adkins Cc: Dave Richter Subject: Rangeline Road-Lazers Edge Mr. McBride, I spoke to Mrs. Adkins today and she stated the closing is schedules for this Friday. I wanted to know if you would like me to modify the offer documents to reflect the agreed amount of $884,200.00. I also need a copy of the approved warranty deed so I can prepare it for the closing. We will do whatever the City of Carmel needs us to do to secure this parcel, please advise. Thank you, Denise McHenry Indiana Acquisition 317 841-6560. 1/9/2007 ADMINISTRATIVE SETTLEMENT MEMORANDUM TO: Steve Engelking, Director of Administration FROM: Mike McBride, City Engineer DATE: January 5, 2007 RE: Request for Administrative Settlement Project: Rangeline Road (136th St to US 31) 06-19 Parcel: 1 Owner: Laser Edge Corporation dba Lasers Edge of Hamilton County The negotiation section has pursued the attempted acquisition of the above subject parcel to the point where we are at a complete impasse with the owner in regards to the amount of just compensation. The City's "Fair Market Value" determination is $745,000.00. The owner has agreed to settle for $884,200.00 and will accept nothing less. Mayor Brainard discussed this negotiation with the property owners to try to come to some resolution. Subsequent to the Mayor's conversations with the property owners, he and I have discussed this situation and have agreed that it would be to the City's best interest to settle for the requested amount. This document summarizes Mayor Brainard's reasoning for settling at this amount. Our two appraisals were in the amount of $745,000 and $790,000 for an average of $767,500. The initial amount of our offer was $745,000. This offer was declined by the owners. The owners did not provide an appraisal but an estimate of a range of values in a letter from appraiser Mike Lady. The City is aware that Mr. Lady is a respected appraiser with the City of Carmel, Hamilton County, and Central Indiana. Mr. Lady indicated in his letter that the range of values could be as much as 16% higher than the City's appraisals. The agreed upon sale price of $884,200 is 11.9% or $94,200 higher than our highest appraisal Had we litigated this matter, it is the City's belief that attorney fees and costs of experts, etc. might have resulted in expenses as high as $30,000 to $50,000. The case may also have been decided in the upper range of Mike Lady's estimate, requiring the City to pay and expend funds in excess of the agreed upon amount. Another factor is the potential delay. In consideration of 1 of 2 rapidly rising material and labor costs, a delay of this sort could cost the City more in road project costs. We, therefore, recommend that the sum of $884,200.00 be awarded to the owner, this is an increase of $139,200.00 over the original offer and represents the most practical and economical solution to this case. This recommendation is approved: St-ve Engelking, irector of inistration 2 of 2 Project: Rangeline Rd Parcel: #1 If you decide to accept the offer of $745,000.00 made by the City of Carmel. Hamilton County, sign your name below and mail this form to the address indicated above. An additional copy of this offer shall be provided upon request. ACCEPTANCE OF OFFER I (We), Wayne Adkins A/K/A Wayne E. Adkins, president of Laser Edge Corporation dba Lasers Edge of Hamilton County the landowner(s) of the above described property or interest in property, hereby accept the offer of $745,000.00 made by the City of Carmel on this /C.5 day of 44'47 Approved offer amount Admistrative Amount Total Due ,2007 . $745,000.00 $139,200.00 $884,200.00 STATE OF 1110'-14-4 ) COUNTY OF Wa-nta-edmiv ) Subscribed and sworn to before me this /3 day of Laser Edge Corporation dba Lasers Edge of Hamilton County By: ace4-:c. Printed: Wayfle Adkins A/K/A Wayne E. Adkins, NOTARY'S CERTIFICATE SS: My commission expires: My county of residence is: (Signature) 72)60(5g itiC/katt (Printed) Notary Public Page 4 Page 1 of 1 Denise McHenry From: clift [wtclift@comcast.net] Sent: Tuesday, December 19, 2006 9:24 AM To: 'Denise McHenry' Cc: 'Dave Richter; 'Michael T. McBride, City Engineer Subject: RE: Laser Edge - Relocation Business entitlements will NOT change with any increase or decrease in the acquisition amount — this only occurs when dealing with residential parcels. I will not need another Daily Notice. Thank you for checking Denise. Wm. Todd Clift, R/W Specialist Clift R/W Services Off. & Cell # 317.858.9462 wtclift@comcast.net From: Denise McHenry [mailto:indiana_acquisition@comcast.net] Sent: Tuesday, December 19, 2006 9:17 AM To: 'cliff' Cc: Dave Richter; Michael T. McBride, City Engineer; aadkins@c21scheetz.com Subject: RE: Laser Edge - Relocation Since a settlement is being made for a higher amount will the relocation benefits change and do I need to submit another Daily Notice to you? -----Original Message From: clift [mailto:wtclift@comcast.net] Sent: Tuesday, December 19, 2006 8:46 AM To: adkinsandwolfe@c21scheetz.com; radkins317@msn.com; wayneall@sbcglobal.net Cc: 'Richter, Dave'; 'Denise McHenry' Subject: Laser Edge - Relocation Adkins Family, I understand that you have come to a settlement with the City of Carmel and will be completing the sale soon. When you are ready to make your relocation claims please call or email me so I can begin the necessary documentation. I can start the paperwork prior to the move so there is less of a delay in getting your entitlements after you vacate the property. If you have any questions or concems please feel free to call or email me at anytime. If 1 do not hear from you before the end of the year, please have a fun and safe Holiday. Wm. Todd Clift, R/W Specialist Clift R/W Services Off. & Cell # 317.858.9462 wtclift@comcast.net 12/19/2006 Page 1 of 1 Denise McHenry From: Richter, Dave [DAVER@ucea.comj Sent: Tuesday, December 19, 2006 9:11 AM To: Denise McHenry Subject: RE: Lazers Edge Property Denise: Thank you for getting on this. I apologize for not keeping you in the loop - I have updated your e-mail address in my database. Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 From: Denise McHenry [mailto:indiana_acquisition@comcastnet) Sent: Tuesday, December 19, 2006 8:29 AM To: aadkins@c21scheetz.com Cc: Richter, Dave; Michael T. McBride, City Engineer; Todd Clift Subject: Lazers Edge Property Mrs. Adkins, I read all the e-mails from the last couple weeks to catch up on the status of Carmel's offer on the above property. It appears you have made a settlement with the Major and we need to revise the paperwork for your acceptance. It also appears there will be a formal closing. Although this is not the normal for this kind of transaction, I see nothing wrong with having one if that is everyone's desire. I have a call into Mr. McBride to verify my understanding of our roll at this stage. I will contact you as soon as I have all facts. Sincerely, Denise McHenry, buyer Indiana Acquisition 317 841-6560 12/19/2006 rw: Antta Adkins Page 1 of 2 Denise McHenry From: Richter, Dave [DAVER t@ucea.com] Sent Friday, December 15, 2006 9:09 PM To: indiana_acquisition©comcast.net Subject: Fw: Anita Adkins Denise, Please give me a call to discuss. Dave Richter, PE, PLS United Consulting Engineers (317) 501-6743 Sent using BlackBeny C Q.I,(rbou4 d / z/J?/er, --- Original Message From. McBride, Mike T <MMcBride@carmel.in.gov> To: Richter, Dave; Denise McHenry <indiana_acquisition@ameritech.net> Sent: Fri Dec 15 21:06:15 2006 Subject: RE: Anita Adkins Dave & Denise, Apparently Mayor Brainard has reached a settlement with Ms. Adkins. Please review the attached email from the Mayor, and then prepare the appropriate documentation for Ms. Adkins signature ASAP. As always, she is looking for payment soon. Thanks, Michael T. McBride, P.E. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 ----Original Message ---- From: Richter, Dave [ma iIto:DAVER VER@ticea.com] Sent: Friday, December 15, 2006 12:03 PM To: Denise McHenry Cc: McBride, Mike T Subject: FW: Anita Adkins Denise: Please give me a call asap. I would like to provide Mike McBride with the information he is asking for. Thanks - looking forward to hearing from you. :) 12/16/2006 Fw: Anita AWUns Page 2 of 2 Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 ----Original Message From: McBride, Mike T [mai Ito:MlylcBride n cannel.in.gov] Sent: Friday, December 15, 2006 9:56 AM To: Richter, Dave Subject: FW: Anita Adkins Dave, Do you have any update on this? Thanks, Mike 12/16/2006 Page 1 of 1 Denise McHenry From: Brainard, James C [JBrainard@carmel.in.gov] Sent: Friday, December 15, 2006 3:59 PM To: McBride, Mike T Cc: Duncan, Gary R Mike, 1 wanted to give you a rationale for the Laser's Edge/Adkins Agreement. Our two appraisals were in the amount of $745,000 and $790.000. for an average of $767,500. I am told we initially offerred the amount of $745,000. This offer was declined by the owners. The owners did not provide an appraisal but an estimate of a range of values in a letter from appraiser Mike Lady. As you know, Lady is a respected appraiser who the city of Carmel has used on numerous occasions. Mr. Lady indicatedinhis letter that the range of values could be as high as 16% higher than than our appraisals. After some discussion, Mr. and Mrs. Adkins agreed to accept an amount 13% or $96,700 higher than than the average of our two appraisals. The agreed upon sale price of $884,200 is 12% or $94,200. higher than our highest appraisal Had we litigated this matter, I believe that attomery fees and costs of experts, etc. in the $30,000 to $50,000 could easily have been held against Carmel and the case may have been decided in the upper range of Mike Lady's estimate, requiring us to pay and expend funds in excess of the agreed upon amount. Another factor is the potential delay which could cost the taxpayers more in the cost of the road project due to rising construction costs, especially since we expect prices to rise as construction companies start to do the Major Moves contracts throughout the state. In addition to the agreed upon purchase price, 1 agreed that the city should be responsible for the cost of moving the current business in the amount of $20,000. The land owner will no doubt lose customers moving from its long established location and will have to expend additional sums in readvertising and establishing itself in a new location. The total amount I agreed that the city should pay for all costs associated with acquiring this property is $884,200. I have sent a copy Mike Lady's letter that was provided by the sellers in a seperate e-mail. Please place that letter in the file with this ratinale. Jim Brainard 12/16/2006 rags 1 ui 1 Denise McHenry From: Denise McHenry (Indiana_acquisition@comcast.net] Sent: Tuesday, December 19, 2006 8:29 AM To: 'aadkins@c21scheetz.com' Cc: Dave Richter, Michael T. McBride, City Engineer, Todd Clift (wtclift@comcast.net) Subject: Lazers Edge Property Mrs. Adkins, I read all the e-mails from the last couple weeks to catch up on the status of Carmel's offer on the above property. It appears you have made a settlement with the Major and we need to revise the paperwork for your acceptance. It also appears there will be a formal closing. Although this is not the normal for this kind of transaction, I see nothing wrong with having one if that is everyone's desire. I have a call into Mr. McBride to verify my understanding of our roll at this stage. I will contact you as soon as I have all facts. Sincerely, Denise McHenry, buyer Indiana Acquisition 317 841-6560 12/19/2006 . w. npyiaiszu ilc vices l.cucs iluaii lvll\:llacl L. i.auy Denise McHenry rage 1 or .s From: Richter, Dave [DAVER@ucea.com] Sent: Monday, December 18, 2006 2:44 PM To: indiana_acquisition@comcast.net Subject: Fw: Appraisal Review Letter from Michael C. Lady Dave Richter, PE, PLS United Consulting Engineers (317) 501-6743 Sent using BlackBerry Original Message From: Richter, Dave To: Denise McHenry <indiana_acquisition@ameritech.net> Sent: Mon Dec 18 10:40:05 2006 Subject: FW: Appraisal Review Letter from Michael C. Lady Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 From: McBride, Mike T [mailto MMcBride@camiel.in.gov] Sent: Tuesday, December 05, 2006 3:03 PM To: Denise McHenry; Richter, Dave Subject: FW: Appraisal Review Letter from Michael C. Lady FYI Michael T. McBride, P.E. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 12/19/2006 1' W. !111111 alba' 1\c Y 1cW LcuCI 11 VIII 1V11l.11aC1 LGuy phone: (317) 571-2441 fax: (317) 571-2439 From: Brainard, James C Sent: Monday, December 04, 2006 2:34 PM To: 'Anita Adkins' Subject: RE: Appraisal Review Letter from Michael C. Lady Anita, rage zui. Using Mike's range of up to $156. per square foot, it would appear that is 16% more than the original appraisal. That 16% increase is a bit steep for us—we like to stay within about 10% of the original appraisal. Jim -----Original Message ---- From: Anita Adkins [ma iltoaadkins n c2lscheetz.com] Sent: Monday, December 04, 2006 2:00 PM To: Brainard, James C Subject: FW: Appraisal Review Letter from Michael C. Lady Hello again, As you see here is Mike Lady's review. I look forward to hearing from you. Warmest regards, Anita Adkins Adkins -Wolfe Team CENTURY 21 Scheetz Anita Adkins Jennifer Wolfe Cell (317) 331-5618 CeII (317) 985-6110 Direct (317) 814-8229 Direct (317) 814-8229 12/19/2006 lvv: t ppiaisar ncvicw Lcucr 11u1L lviilivaci L'. Lauy rage 3 01 E - Fax (317) 814-8229 From: Kerri Buchanan [mailto:kbuchanan n irr.com] Sent: Mon 12/4/2006 11:28 AM To: Anita Adkins Subject: Appraisal Review Letter from Michael C. Lady Attached please find above referenced letter. Original will be mailed. If we can be of further service, please let us know. Kerri R. Buchanan Commercial Secretary Integra Realty Resources - Indianapolis 4981 N. Franklin Rd. Indianapolis, IN 46226 P: 317-5464720 F: 317-546-1407 kbuchanan@irr.com Learn more about Integra Realty Resources at www.irr.com <http://www.irr.conv> 12/19/2006 r W: / /V IN. nmlgelme Denise McHenry Page 1 of 3 From: Richter, Dave (DAVER@ucea.com] Sent: Monday, December 18, 2006 2:42 PM To: indiana_acquisition@comcast.net Subject: Fw: 770 N. Rangeline Dave Richter, PE, PLS United Consulting Engineers (317) 501-6743 Sent using BlackBerry Original Message ---- From: Richter, Dave To: Denise McHenry <indiana_acquisition@ameritech.net> Sent: Mon Dec 18 10:38:37 2006 Subject: FW: 770 N. Rangeline info Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 From: McBride, Mike T [mail to: MMcBrid e n armeI.in.gov] Sent: Monday, December 18, 2006 10:21 AM To: Anita Adkins Cc: Brainard, James C; Richter, Dave; Denise McHenry Subject: RE: 770 N. Rangeline Anita, 1 think we can expect to close on this acquisition by approximately Feb. 1st. We will get the appropriate documentation to you for signature within the next couple of days and then submit this for payment. It should take approximately 20 days to get through the payment process and if we can get all documents executed by the end of the year, we should be on pace for about a Feb 1 st closing. Thanks, 12/19/2006 rw: / /U 1V. tcangeime Page 2 o13 Michael T. McBride, P.E. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: Anita Adkins [mai lto:aadkins a c2lscheetz.com] Sent: Sunday, December 17, 2006 9:25 PM To: McBride, Mike T Cc: Brainard, James C Subject: 770 N. Rangeline Mike, I think the mayor may have misunderstood my reference to the Feb. 1 date. What we need is actually to close as soon as possible since we need to use some of the closing cash for fixtures and build out at the new lease location for Laser Edge. For the other business in the building ,Azmyth Recording, a longer stay in the facility would be helpful as he is planning on building a new building and that will take more time. The mayor indicated that the project probably won't begin till May now and we had thought it was Feb.1 previously. We actually would like to move Laser Edge out and be relocated by Feb 1. as that was the deadline we had been planning toward. Please let me know what you anticipate a closing date could be.. Thanks, Anita Adkins Adkins -Wolfe Team CENTURY 21 Scheetz Anita Adkins Jennifer Wolfe Cell (317) 331-5618 Cell (317) 985-6110 12/19/2006 rw: I/O N. Kangeltne Page 3 of 3 Direct (317) 814-8229 Direct (317) 814-8229 E - Fax (317) 814-8229 12/19/2006 rw: i iU N. tcangeune Page 1 of 3 Denise McHenry From: Richter, Dave [DAVER@ucea.com] Sent: Monday, December 18, 2006 2:43 PM To: indiana_acquisition@comcast.net Subject: Fw: 770 N. Rangeline Dave Richter, PE, PLS United Consulting Engineers (317) 501-6743 Sent using BlackBeny Original Message From: Richter, Dave To: Denise McHenry <indiana_acquisition@ameritech.net> Sent: Mon Dec 18 10:38:50 2006 Subject: FW: 770 N. Rangeline info Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 From: McBride, Mike T [mai Ito;MMcBride o carmel.in.gov] Sent: Monday, December 18, 2006 10:26 AM To: Richter, Dave; Denise McHenry Cc: Haney, Douglas C Subject: FW: 770 N. Rangeline Dave & Denise, I think we would like to have an actual closing for this parcel. It seems to work best on the total takes to have a formal closing to insure that all taxes are properly assigned and prorated. As for you question about legal assistance Dave, I think we will want to use outside legal representation. I'll ask the City Attomey who he would like me to use. 12/19/2006 rw: /1t) 1v. tcangeltne Page 2 of 3 Doug — Who do you recommend we use?? Alan Townsend?? This one shouldn't require much effort as a settlement has already been reached. Thanks, Michael T. McBride, P.E. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: McBride, Mike T Sent: Monday, December 18, 2006 10:21 AM To: 'Anita Adkins' Cc: Brainard, James C; 'Richter, Dave; Denise McHenry Subject: RE: 770 N. Rangeline Anita, 1 think we can expect to close on this acquisition by approximately Feb. 1st. We will get the appropriate documentation to you for signature within the next couple of days and then submit this for payment. It should take approximately 20 days to get through the payment process and if we can get all documents executed by the end of the year, we should be on pace for about a Feb 1st closing. Thanks, Michael T. McBride, P.E. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 12/19/2006 rw: / /l/ IN. ttangeine phone: (317) 571-2441 fax: (317) 571-2439 From: Anita Adkins [mai Ito: aadkins a c21 scheetz.com] Sent: Sunday, December 17, 2006 9:25 PM To: McBride, Mike T Cc: Brainard, James C Subject: 770 N. Rangeline Mike, rage J 01 J [ think the mayor may have misunderstood my reference to the Feb. 1 date. What we need is actually to close as soon as possible since we need to use some of the closing cash for fixtures and build out at the new lease location for Laser Edge. For the other business in the building ,Azmyth Recording, a longer stay in the facility would be helpful as he is planning on building a new building and that will take more time. The mayor indicated that the project probably won't begin till May now and we had thought it was Feb.1 previously. We actually would like to move Laser Edge out and be relocated by Feb 1. as that was the deadline we had been planning toward. Please let me know what you anticipate a closing date could be.. Thanks, Anita Adkins Adkins -Wolfe Team CENTURY 21 Scheetz Anita Adkins Jennifer Wolfe Cell (317) 331-5618 Cell (317) 985-6110 Direct (317) 814-8229 Direct (317) 814-8229 E - Fax (317) 814-8229 12/19/2006 rage 1 of 1 Denise McHenry From: Stohler, Judy L [JStohler@carmel.in.gov] Sent: Thursday, December 14, 2006 2:40 PM To: McBride, Mike T Subject: Anita Adkins Mike, Anita Adkins asks you to retum her call. She has been dealing with the Mayor re City's acquisition of her property at 770 N. Range Line. She has also had contact w/ Denise McHenry of Indiana Land Acquisition. She is worried b/c we haven't presented an offer yet and she says the deal has to be closed by some time in February (I don't know what she means by that). She emailed the Mayor a few days ago and he replied that he'd get back to her in a few days, but he hasn't. She has also left a msg for Karen Glaser to ask the Mayor to call her. (Enough players?) 331-5618. Judy Stohler Office Administrator Department of Engineering City of Carmel (317)571-2432 jstohler@carmetin.gov 12/19/2006 1' W . /111116 AU1U11J Denise McHenry raE,c 1 U1 L From: Richter, Dave [DAVER r@ucea.com] Sent: Monday, December 18, 2006 2:43 PM To: indiana_acquisition©comcast.net Subject: Fw: Anita Adkins Dave Richter, PE, PLS United Consulting Engineers (317) 501-6743 Sent using BlackBerry --- Original Message ---- From: Richter, Dave To: Denise McHenry <indiana_acquisition(a3ameritech.net> Sent: Mon Dec 18 10:39:21 2006 Subject: FW: Anita Adkins Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 Original Message ---- From: McBride, Mike T [mailto:MMcBridc n carnmeI_in,gov] Sent: Friday, December 15, 2006 9:06 PM To: Richter, Dave; Denise McHenry Subject: RE: Anita Adkins Dave & Denise, Apparently Mayor Brainard has reached a settlement with Ms. Adkins. Please review the attached email from the Mayor, and then prepare the appropriate documentation for Ms. Adkins signature ASAP. As always, she is looking for payment soon. Thanks, Michael T. McBride, P.E. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 Original Message From: Richter, Dave [mailto: DAV ER@ucea.com] Sent: Friday, December 15, 2006 12:03 PM To: Denise McHenry 12/19/2006 1' W . t1111L"41 tit111/411lb Cc: McBride, Mike T Subject: FW: Anita Adkins Denise: Please give me a call asap. I would like to provide Mike McBride with the information he is asking for. Thanks - looking forward to hearing from you. :) Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 Original Message From: McBride, Mike T [ma lto _M McBride a carmel.in.gov] Sent: Friday, December 15, 2006 9:56 AM To: Richter, Dave Subject: FW: Anita Adkins Dave, Do you have any update on this? Thanks, Mike 12/19/2006 rage L OIL Page 1 of 2 Denise McHenry From: Sent: To: Cc: Richter, Dave (DAVER©ucea.com] Wednesday, October 25, 2006 9:34 AM Denise McHenry McBride, Mike T Subject: FW: Moving Options Denise: FYI Owner contact regarding the relocation proposal. Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 From: dift [mailto:wtclift@comcast.net] Sent: Wednesday, October 25, 2006 11:16 AM To: wayneall@sbcglobal.net; radkins317@msn.com Cc: Richter, Dave Subject: Moving Options Laser Edge and Azmyth Studio: This email is a follow up to my phone conversation I had with Mr. Adkins this moming. I advised Mr. Adkins that I could personally meet with all parties involved to discuss these options or email the information; Mr. Adkins requested that I email the information. I informed Mr. Adkins that if there were any questions or concems regarding this information that I would be available to come to there place of business to go over the material or I can always be phoned or emailed at anytime. Commercial moving bids: Hogan Transfer. Crown Movers: Laser Edge $11,142.00 Azmyth $3,190.00 Laser Edge $7,995.00 Azmyth #2,314.55 The following are the two options you have available for your moving cost reimbursement: 1) Commercial Mover: Laser Edge and/or Azmyth Studio can elect to have an insured/bonded commercial mover complete the move at a reimbursement of up to the low bid provided by Crown Moving & Storage, a paid receipt from the moving company you choose showing the total amount paid for the move must be provided to the relocation agent or the city can pay the bill directly to the mover in an amount not to exceed the low bid once the move is complete. In addition to the commercial move you will be reimbursed other items the agent deems reasonable and necessary needed for the move that was not included in the commercial bid. The reimbursement rate is $10.00 per hour and is for items such as computer and phone system hookups and other such items the agent feels is reasonable and necessary. Laser Edge: paid to owner 10/25/2006 $7,995.00 paid to the commercial mover that completes the move. $500.00 Searching entitlement maximum based on claimed searching expenses - $????? Eligible approved miscellaneous items deemed reasonable and necessary by the relocation agent. Azmyth: $2,314.55 $500.00 paid to owner. $?7777 by the relocation agent. Page 2 of 2 paid to the commercial mover that completes the move. Searching entitlement maximum based on claimed searching expenses - Eligible approved miscellaneous items deemed reasonable and necessary OR 2) Self Move: Laser Edge and/or Azmyth Studio can elect to collect 100% of the low bid provided by Crown Moving & Storage once they have vacated the acquired R/W with no other expenses allowed to be claimed for miscellaneous items mentioned above. The full amount of the low bid is paid to the owners once they have removed all personal property from the acquired right of way. There is roughly 20% in overhead and profit built in the commercial bid that you would not incur in a self move therefore there is no additional claims eligible for miscellaneous items under the self move option. Laser Edge: acquired right paid to owner. Azmyth: acquired right paid to owner. $7,995.00 of way. $500.00 $2,314.55 of way. $500.00 If you have any questions or concems call or email me at anytime. Once you process. Thank you. Wm. Todd Clift R/W Specialist Off. & Cell # 317.858.9462 wtclift@comcast.net 10/25/2006 paid to owner once all personal property has been removed from the Searching entitlement maximum based on claimed searching expenses — paid to owner once all personal property has been removed from the Searching entitlement maximum based on claimed searching expenses — regarding these option or other related questions please do not hesitate to are ready to begin your move please contact me and I will start the claim Page 1 of 4 Denise McHenry From: Denise McHenry [Indiana_acquisition(ciaameritech.net] Sent: Wednesday, October 18, 2006 4:50 AM To: 'Anita Adkins' Cc: 'MMcBride c@carmel.in.gov'; Richter, Dave Subject: RE: 770 north rangeline ,Carmel Once you have been legally notified of an "offer to purchase" for public use, you have to disclose the project to any prospective buyers and get written approval to change its use in anyway per Indiana Code. A 7 % sales commission would not be a factor in this transaction. I believe either you need to get an appraisal to back up your value or submit a reasonable counter offer to the City of Carmel for consideration. -----Original Message From: Anita Adkins [mailto:aadkins@c2lscheetz.com] Sent: Tuesday, October 17, 2006 12:05 PM To: Denise McHenry Cc: MMcBride@carmel.in.gov Subject: RE: 770 north rangeline ,Carmel Hello Denise, Thank you for your prompt call to me this moming regarding the information received from Susan Negl. As l told you this morning with all due respect to her as a professional, I seriously disagree with her opinion of the value of our property at $ 745K. I believe that an appraiser who doesn't work in this very unique Carmel area on a regular basis is at a serious disadvantage in relation to evaluating property here. Wayne and I have decided not to get an independent appraisal as it will cost approximately $3500 and we feel that with the high volume of local properties sold in Carmel recently the value should be clear and the city has access to these numbers from their own purchases. I am in hopes that to simplify things at this point that perhaps we can work with Carmel officials and reach an agreement. We are certainly open to that option and feel that certainly that avenue should be pursued. I can also list the property and then of course would be due a 7% agency commission. Best regards, Anita Adkins Adkins -Wolfe Team CENTURY 21 Scheetz Anita Adkins CeII (317) 331-5618 Direct (317) 814-8229 E - Fax (317) 814-8229 Jennifer Wolfe Cell (317) 985-6110 Direct (317) 814-8229 10/18/2006 Page 2 of 4 From: Denise McHenry [mailto:indiana_acquisition@ameritech.net] Sent: Tue 10/17/2006 11:21 AM To: Anita Adkins Subject: FW: 770 north rangeline ,Carmel Denise, I have looked at the comparables that the owner suggested: 40 South Rangeline Road. This property is a 5 -bay auto service facility. It was in this use prior to sale, and remains in this use. This a different highest and best use than the subject, and I do not consider it to be a comparable property. 20 South Rangeline Road. This was formerly a bank and the improvements have been demolished. First of all, I could not find any record of this transfer, after visiting the Clay Twp Assessor, and contacting the Transfer and Mapping Department at Hamilton County. A transfer may have occurred, but the value apparently was in the land, and the improvements did not contribute to the site's value. This site appears to include 3 parcels containing a total of 0.34 acre (14,810 SF +/-). If it sold for $400,000, then the land value is approximately $27/SF of site (before deducting demolition). If this sale could be documented, it could be used to value the subject site (with downward adjustment for location). However, it would not affect the estimate of total property value, because the value of the property as improved would far exceed the value of the site if vacant and available for development. It would simply increase the contribution of site value to total property value. In valuing the property, I used the best available information that I judged comparable to the subject. In appraising a property we can only use actual market information, and cannot employ speculation. The subject may eventually be much more desirable in the market as development continues along this corridor, but the value stated is what I can support. This is my opinion of the property's value. It's possible that another appraiser would view it differently. I know that Mike Hazeltine did not find any additional comparable sales than those used in the appraisal. Perhaps the owner could ask another appraiser to value the property. Please contact me if you have questions, Susan — Original Message — From: Denise McHenry To: 'Susan Neal' Sent: Friday, October 13, 2006 10:56 AM Subject: RE: 770 north rangeline ,Carmel Thanks, added you to my address book. ----Original Message From: Susan Neal [mailto:smn@susanneal.com] Sent: Friday, October 13, 2006 10:40 AM To: Denise McHenry Subject: Re: 770 north rangeline ,Carmel Thanks Denise. I will look at this information, but won't have time today, because I'm trying to get some appraisals completed today. I will reply by Monday afternoon. Susan — Original Message — From: Denise McHenry To: smn@susanneal.con.sbcis.sbc.com ; michaelhazeltine@aoll.com Cc: 'McBride Mike T • Richter, Dave Sent: Friday, October 13, 2006 9:53 AM 10/18/2006 Page 3 of 4 Subject: FW: 770 north rangeline ,Carmel Here are the sales comps Mrs. Adkins would like Susan to review. She apparently supplied this information during the appraisal process according to my conversation with Mrs. Adkins today. She would like to know why it wasn't used and if it is used, would it increase the offer. Please review and advise us if this information is valid and would change the value/appraisal. Denise McHenry, buyer Original Message From: Anita Adkins [mailto:aadkins@c2lscheetz.com] Sent: Wednesday, October 11, 2006 3:11 PM To: indiana acquisition@ameritech.net Subject: 770 north rangeline ,Carmel Dear Denise, Regarding our telephone conversation today I have assembled the following : This material is in reference to an appraisal report dated 9/18/2006 by Susan M. Neal The sales comparison approach was the only approach used in this appraisal and therefore the comps relied upon carry unusually heavy weight in the pricing determination. Therefore, I am addressing what I believe to be inadequate pricing for my property resulting from the use of these comps SUBJECT PROPERTY : intersection, 345 ft. frontage historical district, B-3 Carmel 770 N. Rangeline is .70 acre, high traffic light steel frame commercial building, in north rangeline zoning is in place, no other property like it anywhere in Unimproved land comps used: 1. 630 3rd Ave S.W., .60 acre sold 11/20/02 $352k /acre 2. 918 S. Rangeline, .80 acre sold 3/13/02 $325k/acre 3. 1038 S. Rangeline, .53 acre sold 12/01/04 $442k/acre The first two comps I believe to be too old to be used at the end of 2006. In the highly active Carmel market there are newer comps. The Carmel market changes consistently upward. Improved Land Comps: 1.240 E. Main St , old 2 stry. home used as offices, mid-blk 2754 s.f. $519K $188/s.f. 2.40 N. Rangeline, 2 stry home , multi -family rental as sold 2908 s.f. $475K $163/ s.f. 3.1040 N. Rangeline,offices not retail suitable, mid -block 27400 s.f. $650K $126/s.f. 4. 820 E.65th St, (Broad Ripple) mid -block too far from subject 4,542s.f. $550k $121/s.f. 5. 921 N.Rangeline.set way back from road, mid blk 7,880s.f. $700K $ 88/s.f. The comps I found are as follows: 1. 40 South Rangeline Road sold 3/13/03 .25 acre / sold for 425K =to 10/18/2006 Page 4 of 4 1.7mll/acre Is similar to subject, on a busy comer, construction steel frame , 2. 20 South Rangeline Road sold 6/06 .25 acre/ sold for 400K=to 1.6 mil/acre is similar to subject, on a busy comer Both above properties are in the designated rangellne road historical district as is the subject property. The subject property is a very ram property in Carmel and the price should reflect that. I believe because of the small number of similar properties some comparables were used that did not qualify as true comps. I am requesting that the above comps be considered and that the value be reconsidered. I believe that a fair minimum price for the property is $975,000. We would sell the property for $975,000 Thank you very much for your time and consideration to to this very important matter. Sincerely, Anita Adkins Anita Adkins 8226 Direct (317) E - Fax (317) 814-8229 10/18/2006 CeII (317) 331-5618 Direct (317) 814- 4lActk NS@Ga(Schee+z .Com 10f17IoCe 20rwcectcd 1Yls.Necus AJLspaxsc—kms ales 4dkias Denise McHenry Page 1 of 3 From: Denise McHenry [indiana_acquisition©ameritech.net] Sent: Monday, October 16, 2006 2:13 PM To: Richter, Dave Cc: 'MMcBride(gcarmel.in.gov' Subject: FW: 770 north rangeline ,Carmel Here are Susan's findings. She stands firm on her appraisal. I will contact the owner and explain why these comps cannot be used and advise her to have an appraisal done. If you prefer I do something else, please advise. Another thought, I don't believe it would be wise to consider making a settlement on the very first parcel of the project. People talk and it will create a monster down the road. Original Message From: Susan Neal [mailto:smn@susanneal.com] Sent: Monday, October 16, 2006 2:16 PM To: Denise McHenry Subject: Re: 770 north rangeline ,Carmel Denise, I have looked at the comparables that the owner suggested: 40 South Rangeline Road. This property is a 5 -bay auto service facility. It was in this use prior to sale, and remains in this use. This a different highest and best use than the subject, and I do not consider it to be a comparable property. 20 South Rangeline Road. This was formerly a bank and the improvements have been demolished. First of all, I could not find any record of this transfer, after visiting the Clay Twp Assessor, and contacting the Transfer and Mapping Department at Hamilton County. A transfer may have occurred, but the value apparently was in the land, and the improvements did not contribute to the site's value. This site appears to include 3 parcels containing a total of 0.34 acre (14,810 SF +/-). If it sold for $400,000, then the land value is approximately $27/SF of site (before deducting demolition). If this sale could be documented, it could be used to value the subject site (with downward adjustment for location). However, it would not affect the estimate of total property value, because the value of the property as improved would far exceed the value of the site if vacant and available for development It would simply increase the contribution of site value to total property value. In valuing the property, I used the best available information that I judged comparable to the subject. In appraising a property we can only use actual market information, and cannot employ speculation. The subject may eventually be much more desirable in the market as development continues along this corridor, but the value stated is what I can support. This is my opinion of the property's value. It's possible that another appraiser would view it differently. 1 know that Mike Hazeltine did not find any additional comparable sales than those used in the appraisal. Perhaps the owner could ask another appraiser to value the property. Please contact me if you have questions, Susan — Original Message — From: Denise McHenry To: 'Susan Neal' Sent: Friday, October 13, 2006 10:56 AM Subject: RE: 770 north rangeline ,Carmel Thanks, added you to my address book. 10/16/2006 Page 2 of 3 Original Message From: Susan Neal [mailto:smn@susanneal.com] Sent: Friday, October 13, 2006 10:40 AM To: Denise McHenry Subject: Re: 770 north rangeline ,Carmel Thanks Denise. I will look at this information, but won't have time today, because I'm trying to get some appraisals completed today. I will reply by Monday aftemoon. Susan — Original Message — From: Denise McHenry To: smn@susanneal.con.sbcis.sbc.com ; michaelhazeltine@aol.com Cc: 'McBride Mike T' • Richter, Dave Sent: Friday, October 13, 2006 9:53 AM Subject: FW: 770 north rangeline ,Carmel Here are the sales comps Mrs. Adkins would like Susan to review. She apparently supplied this information during the appraisal process according to my conversation with Mrs. Adkins today. She would like to know why it wasn't used and if it is used, would it increase the offer. Please review and advise us if this information is valid and would change the value/appraisal. Denise McHenry, buyer Original Message From: Anita Adkins [mailto:aadkins@c2lscheetz.com] Sent: Wednesday, October 11, 2006 3:11 PM To: Indianaacquisition@ameritech,net Subject: 770 north rangeline ,Carmel Dear Denise, Regarding our telephone conversation today I have assembled the following : This material is in reference to an appraisal report dated 9/18/2006 by Susan M. Neal The sales comparison approach was the only approach used in this appraisal and therefore the comps relied upon carry unusually heavy weight in the pricing determination. Therefore, I am addressing what I believe to be inadequate pricing for my property resulting from the use of these comps SUBJECT PROPERTY : 345 ft. frontage district, B-3 Carmel 770 N. Rangeline is .70 acre, high traffic light intersection, steel frame commercial building, in north rangeline historical zoning is in place, no other property like it anywhere in Unimproved land comps used: 1. 630 3rd Ave S.W., .60 acre sold 11/20/02 $352k /acre 2. 918 S. Rangeline, .80 acre sold 3/13/02 $325k/acre 3. 1038 S. Rangeline, .53 acre sold 12/01/04 $442k/acre The first two comps I believe to be too old to be used at the end of 2006. In the highly active Carmel market there are newer comps. The Carmel market changes consistently upward. Improved Land Comps: 1.240 E. Main St , old 2 stry. home used as offices, mid-blk 2754 s.f. $519K $188/s.f. . 10/16/2006 2.40 N. Rangeline, 2 stry home , multi -family rental as sold 3.1040 N. Rangeline,offices not retail suitable, mid -block 4. 820 E.65th St, (Broad Ripple) mid -block too far from subject 5. 921 N.Rangeline.set way back from road, mid blk The comps 1 found are as follows: 1. 40 South Rangeline Road sold 3/13/03 1.7mi1/acre is similar to subject , on a busy comer, construction steel frame , Page 3 of 3 2908 s.f. $475K $163/ s.f. 27400 s.f. $650K $126/s.f. 4,542s.f. $550k $121/s.f. 7,880s.f. $700K $ 88/s.f. .25 acre / sold for 425K =to Z 20 South Rangellne Road sold 6/06 .25 acre/ sold for 400K=to 1.6 mil/acre is similar to subject on a busy comer Both above properties are in the designated rangeline road historical district as is the subject property. The subject property is a very ram property in Carmel and the price should reflect that. I believe because of the small number of similar properties some comparables were used that did not qualify as true comps. I am requesting that the above comps be considered and that the value be reconsidered. I believe that a fair minimum price for the property.is $975,000. We would sell the property for $975,000 Thank you very much for your time and consideration to to this very important matter. Sincerely, Anita Adkins Anita Adkins Direct (317) E - Fax (317) 814-8229 10/16/2006 CeII (317) 331-5618 Direct (317) 814-8226 Page 1 of 2 Denise McHenry From: Sent: To: Anita Adkins laadkins@c21scheetz.com] Wednesday, October 11, 2006 3:11 PM ind iana_acquisition@ameritech. net Subject: 770 north rangeline ,Carmel Dear Denise, Regarding our telephone conversation today I have assembled the following : This material is in reference to an appraisal report dated 9/18/2006 by Susan M. Neal The sales comparison approach was the only approach used in this appraisal and therefore the comps relied upon carry unusually heavy weight in the pricing determination. Therefore, I am addressing what I believe to be inadequate pricing for my property resulting from the use of these comps SUBJECT PROPERTY : frontage 3 770 N. Rangeline is .70 acre, high traffic light intersection, 345 ft. steel frame commercial building, in north rangeline historical district, B - zoning is in place, no other property like it anywhere in Carmel Unimproved land comps used: 1. 630 3rd Ave S.W., .60 acre sold 11/20/02 $352k /acre 2. 918 S. Rangeline, .80 acre sold 3/13/02 $325k/acre 3. 1038 S. Rangeline, .53 acre sold 12/01/04 $442k/acre The first two comps I believe to be too old to be used at the end of 2006. In the highly active Carmel market there are newer comps. The Carmel market changes consistently upward. Improved Land Comps: 1.240 E. Main St , old 2 stry. home used as offices, mid-blk 2.40 N. Rangeline, 2 stry home , multi -family rental as sold 3.1040 N. Rangeline,offices not retail suitable, mid -block 4. 820 E.65th St, (Broad Ripple) mid -block too far from subject 5. 921 N.Rangeline.set way back from road, mid blk The comps I found are as follows: 2754 s.f. 2908 s.f. 27400 s.f. 4,542s.f. 7,880s.f. $519K $188/s.f. $475K $163/ s.f. $650K $126/s.f. $550k $121/s.f. $700K $ 88/s.f. 1. 40 South Rangeline Road sold 3/13/03 .25 acre / sold for 425K =to 1.7mi1/acre is similar to subject, on a busy comer, construction steel frame , Z 20 South Rangeline Road sold 6/06 is similar to subject, on a busy comer .25 acre/ sold for 400K=to 1.6 mil/acre Both above properties are in the designated rangeline road historical district as is the subject property. The subject property is a very ram property in Carmel and the price should reflect that I believe because of the small number of similar properties some comparables were used that did not qualify as true comps. I am requesting that the above comps be considered and that the value be reconsidered. I believe that a 10/12/2006 fair minimum price for the property is $975,000. We would sell the prope Thank you very much for your time and consideration to to this very important matter. Sincerely, Anita Adkins Anita Adkins (317) E - Fax (317) 814-8229 10/12/2006 Page 2 of 2 Cell (317) 331-5618 Direct (317) 814-8226 Direct Page 1 of 2 Denise McHenry From: Richter, Dave [DAVER@ucea.com] Sent: Wednesday, October 11, 2006 2:16 PM To: Susan Neal Cc: Denise McHenry Subject: RE: 770 North Rangeline Road Susan: I just got off the phone with Carmel City Engineer, Mike McBride. He wanted to confirm the mayor's exact intentions before proceeding further. Mike said that if the mayor chose to direct us to meet with the property owner, than he would want a meeting that included himself, the buyer, Denise McHenry, and you. Mike also said he would want to do most of the talking. Mike is very good. Would you be willing to be at this meeting? Please. Thank You, United Consulting Engineers Dave Richter, P.E., P.L.S. (317) 501-6743 From: Susan Neal [mailto:smn@susanneal.com] Sent: Wednesday, October 11, 2006 12:12 PM To: Richter, Dave Subject: Fw: 770 North Rangeline Road Dave, Just wanted to send you this, which I received this morning. At this point, I have not replied. Susan — Original Message -- From: Anita Adkins To: smn@susanneal.com Sent: Tuesday, October 10, 2006 2:53 PM Subject: 770 North Rangeline Road Susan, I have been trying to reach you today. Please call me ASAP 317-331-5618. Thanks! Anita Adkins Adkins -Wolfe Team CENTURY 21 Scheetz Anita Adkins Jennifer Wolfe 10/12/2006 Page 2 of 2 Cell (317) 331-5618 CeII (317) 985-6110 Direct (317) 814-8229 Direct (317) 814-8229 E - Fax (317) 814-8229 10/12/2006 STATUS REPORT ROAD Rangeline PROJECT Rangeline COUNTY Hamilton DATE 1/17/07 THIS PARCEL WAS PURCHASED AS FOLLOWS: NAME OF OWNER ADDRESS TELEPHONE NO. Laser Edge Corporation PARCEL #I 770 n. Rangeline Road, Carmel, IN 46032 317 331-5618 cell THIS IS A: (x ) -TOTAL TAKE, ()-PARTIAL TAKE, ()-TEMPORARY R/W ONLY () -ACCESS RIGHTS ONLY, () -TOTAL TAKE WITH EXCESS LAND () -PARTIAL TAKE WITH EXCESS LAND, () -OTHER 1. LAND AND IMPROVEMENTS $ 745,000.00 2. EXCESS LAND -0- 3. DAMAGES $ -0- 4. TOTAL CONSIDERATION PAID $ 884,200.00 5. LESS ADMINISTRATIVE SETTLEMENT $ 139,200.00 6. SALVAGE VALUE OF RETAINED IMPROVEMENTS $ -0- 7. APPROVED APPRAISAL OFFER. $ 745,000.00 DESCRIPTION OF BUILDINGS, STRUCTURES, SIGNS, AND LAND IMPROVEMENTS IN RIGHT-OF-WAY: Bought by the City of Carmel Total Take_(Commercial Building, Shed Asphalt, gravel, parking bumpers, chain link fence, dumpster enclosure, landscaping) b. Retained by Owner (cost -to -cure) N/A ADDRESS OR LOCATION OF ABOVE LISTED ITEMS IN THE RIGHT-OF-WAY: 770 N. Rangeline Road, Carmel, IN 46036 APPROVED Signed 11sLtc (Negotiato�� \ BUYER'S REPORT PROJECT: Rangeline Road PARCEL: #1 C 0 UNTY: Hamilton Name & Ads - ,sof Owner: ' • ' A 1 • ��T7 • • a 0 Nam, & Addres§ o Person Contacted: CODE: N/A /! 3 Phone: L s dit if 4 00 i eJu.e 33151e/8 (List other interested partf'es on reverse side including nature o, Date Assigned: 9/20/06 Date of Contact: Phone: their interest) Time of Contact: /. 3 tt , Offer $ 745,000.00 Type of Contact: ( ) Personal Visit ( hone q.rIGlail V" Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space: IW 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. yes yes Checked Abstract w/ owner? 14. Secured W-9 form? Any affidavits taken- Left following papers w/ owners: Any mortgage(s)? 1Ce ybo4,&- ft¢tdtd Paid ''�f Any liens, judgments, etc.? 15. y e,5 Written offer? Showed plans? Exp. take? 16. .. / g Land Acquisition Brochure? Explained about retentions? 17. /JO Retention Letter? Any major item retained? Any minor item retained? Walked over property? Owner to pay taxes? Secured Right -of -Entry Secured Driveway R/E 18. 19. 20. 21. 22. 23. Sent Daily Notice to Relocation? 24. ION INisiPAT/VC 5gflt REMARKS: Total Take of .666 acres of fee simple right of way or e handled by Todd Clift 317 858-9462 office 317 501-6114 Statement of Just Compensation? Tax memo (interim period)? Receipt of Conveyance Instrument? Copy of Conveyance Instrument? Owner's Appraisal Letter? Brochure, "Relocation & You"? 7"c o armel. elocation n LL 1yat/oto@(: /Spit. t 4,(4Q (319) Vft ao88 &nf /p//a;saJ a co/ 4.4.3 -kW 'o Collate aitila.ddernls ox kir as 4a wkr .73/.Z/f "0JL4c%y 2/ � Qdkrnls SCIanti/a_iQ wire- (( ox.tr amre Nal a ia-a ) latr[.a-knYli sol (5I Om, Qvgfrikjps, 4e.4.1 ho...c 4a-0 <�Jito nitt. Avid hctp ntioeu .� -MO %oddl f twit/ €et lur Actin - W11 (io i pk t . addiiQxa11 ^ a.43ke said 416 fyien gs wir-,C. 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