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HomeMy WebLinkAboutClosing Documents Joesph Haag Rangeline Road ProjectJ0 .; o CITY OF CARMEL JAMES BRAINARD, MAYOR CLOSING STATEMENT Fee Owner: Joseph D. Haag, Sr. and Sharon L. 1-laag Address: 17870 Joliet Road Sheridan, IN 46069 Location of Property: 760 Range Line Rd., Carmcl, IN 46032 Project: 06-19 Range Line Road Parcel: No. 1 County: Hamilton State: Indiana Purchase Price: Total Disbursements: $10,800.00 $10,800.00 Please sign and date in the spaces provided below to acknowledge receipt of payment, and agreement to the amount shown. 79©5 (Date) ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2401, FAX 317.844.3498 EMAIL jbrainard@ci.carmel.in.us elf/e REGIONS MORGAN KEEGAN TRUST 2080012523 Pay Ten Thousand Eight Hundred DOLLARS AND NO CENTS To Tne Order Of JOSEPH D. HAAG, SR. AND SHARON L. HMG 17870 JOLIET ROAD SHERIDAN, IN 46069 TRUST REMITTANCE CHECK 61-1 620 11'EL alto° 1:06 20000 L91: 00L754L47611' TRUST NO. 2080012523 DATE 06/19/2008 TRUST NAME CARMEL COIT 2006 CF -CONSTRUCTION CT -NASHVILLE 54614 Date: 06/19/2008 $ 10,800.00 VOID AFTER 180 DAYS I' AUTHOR %"9"G AT $ 0.00 $ 10,800.00 INCOME CASH FOR JOSEPH D. HAAG, SR. AND SHARON L. HAAG PROJ 06-19 PARCEL 1 PRINCIPAL CASH DISP CODE 89 REG# 32 REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK Q A,0 i0 0 0 t CITY OF -CARMEL JAMES 13RAINARD, MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: Range Line Road / #06-19 TO: Joseph D. Haag, Sr. and Sharon L. Haag 17870 Joliet Road Sheridan, IN 46069 PARCEL: # I COUNTY: Hamilton The City of Carmel. Hamilton County, Indiana is authorized by Indiana law to obtain your property or an easement across your property, for certain public purposes. The City of Carmel needs (your property), (an easement across your property) for a public road improvement project known as Range Line Road/#06-19 and needs to take the (property), (easement) as described on the attached legal description. It is our opinion that the fair market value of the (property), (easement) we want to acquire from you is $ 10,800.00 , and, therefore, the City of Carmel offers you $ 10,800.00 for the above described (property), ( easement). You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required thirty (30) days alter you have received your payment in full. HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: By law, the City of Carmel is required to make a good faith effort to purchase (your property), (an easement across your property). You do not have to accept this offer and the City of Carmel is not required to agree to your demands. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of (your property), (an easement), the City of Carmel has the right to file suit to condemn, and acquire the (property), (easement) in the county in which the property is located. 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. ()Ne Civic SQuAith, (;AR.nn., IN 4 032 t9rncr: 317.s71.240I. FAN 317.8'k :3498 Isamu. jhriinmcleci.c;n'mel.inws Page 2 Project: Range Line Road Parcel: #1 5. You may object to the public purpose and necessity of this project 6. If the City of Carmel files a suit to condemn and acquire (your property), (easement), and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the (property), (easement) to be acquired. 7. If we both agree with the court appraisers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the (property), (easement) condemned. 8. If the court appraisers' report is not accepted by either of us, then the City of Carmel has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, the City of Carmel is legally entitled to immediate possession of the (property), (easement). You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgment awarded you is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment. 9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the property or easement. The court's decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in the notice 10. The $ 10,800.00 offer made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest for the property rights being acquired. Any improvements or items within the City's proposed right-of-way which you are responsible for moving must be removed within 30 days of the date you are paid. At the end of the 30 -day period, any items remaining on the City's right-of-way become encroachments. Pursuant to Indiana law. the City has the right to remove any encroachment from its right-of-way after giving the owner proper notice. Further, any costs incurred by the City while removing such items can be assessed to the owner. If you have any questions concerning the removal of items, contact the City of Carmel at the address below. 12. If you have any questions concerning this matter you may contact the City directly, however the City of Carmel would first like you to contact the buyer: Indiana Acquisition @ (317) 841-6560 City of Carmel One Civic Square Carmel, IN 46032 Phone: 317-571-2401 Page 3 Project: Range Line Road Parcel: #1 This offer was made to owner(s): Joseph D. Haag, Sr. and Sharon L. Haag of Hamilton County of on 5/13/2008 011 (Date) (Date) `-% (Signature) Angela D. Riddle, Buyer (Printed Name and Title) Agent for: City of Carmel If you decide to accept the offer of $ 10,800.00 made by the City. of Cannel, sign your name below and mail all offer documents to Indiana Acquisition in the envelope provided. An additional copy of this offer will be provided upon request. ACCEPTANCE OF OFFER 1 (We), Joseph D. Haag, Sr. and Sharon L. Haag, husband and wife landowner(s) of the above described property or interest in property, hereby accept the offer of $ 10,800.00 made by the City of Carmel on this '\S`•`-- day of \\K, \ , 200% oseph D. Haag Sr. c-)7/2„at Sharon L Haag NOTARY'S CERTIFICATE STATE OF I v C --/NC" ) COUNTY OF \) Subscribed and sworn to before me this SS: My commission expires: — D \— s� `.tr day of My county of residence is: }-\ w.x \ �^ Wig IL BSK CM MC BEAL SPATE Cr KAM cou;ir' OF HA LTON • .N ErIFIES &.214019 I \ Lr.\,) ,20 0 tSigsdiure LL (Printed) Notary Public CITY OF CARMEL REV -29 STATEMENT OF THE BASIS FOR JUST COMPENSATION 09-05 LA Code # NA 1. This is a written statement of, and summary of the basis for, the establishment of the amount believed to be, through a valuation process, just compensation for the purchase of this right-of-way for highway purposes. The amount set forth in Item 5 below is not less than the approved estimate of value. Public Law 91-646 provides that this value disregards any decrease or increase in fair market value of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical deterioration within reasonable control of the owner. 2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this acquisition is identified in the Acquiring Agency's records as: Project Range Line Road Owner(s) Joseph Haag, Et Ux. Parcel 1 Road Range Line Road County Hamilton 3. The area and type of interest being acquired: 0.032 acres fee simple right-of-way The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest is being acquired separately in whole or part, except as may be explained in Item 8 below. 4. This acquisition is (Check one): a. ❑ A total acquisition of the real property. b. ® A partial acquisition of the real property. 5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real property is as follows: a. Total Land, Land Improvements and Buildings $ 10,800.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc) $ -0- c. Other Damages (Itemize) Cost -To -Cure estimates: NONE $ -0- Temporary R/W Permanent Easement Total Damages Total amount believed to be Just Compensation offered for this Acquisition is: $ -0- $ -0- $ -0- $ 10,800.00 6. The amount in Item 5 above may include payment for the purchase of certain buildings and improvements and their ownership shall pass to the Acquiring Agency. These buildings and improvements are identified as follows: NONE EXHIBIT "A" Parcel: 1 Fee Sheet 1 of 1 A part of the Northeast Quarter of Section 25, Township 18 North. Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B", described as follows: Commencing at the Northeast corner of said section, designated as point "2" on said parcel plat; thence along the east line of said section South 0 degrees 05 minutes 53 seconds East 139.50 feet to the northeast corner of grantor's land and point of beginning of this description; thence continuing along said east line South 0 degrees 05 minutes 53 seconds East 67.00 feet to the southeast corner of grantor's land; thence along the south line of grantor's land South 88 degrees 41 minutes 35 seconds West 16.50 feet to the west boundary of Range Line Road; thence North 0 degrees 05 minutes 53 seconds West 26.51 feet along said west boundary to point "100" designated on said plat; thence South 89 degrees 54 minutes 07 seconds West 2.14 feet to point "101" designated on said plat; thence North 14 degrees 02 minutes 12 seconds West 41.46 feet to the north line of grantor's land, designated as point "102" on said plat; thence along said north line North 88 degrees 41 minutes 35 seconds East 28.64 feet to the point of beginning, containing 0.032 acres, more or less, inclusive of the presently existing right-of-way which contains 0.025 acres. more or less, for a net additional taking of 0.007 acres, more or less. This description was prepared for the City of Carmel, Indiana by Timothy J. Coomes. Indiana Registered Land Surveyor, License Number 20600004, on the 151-1 Fcroar L./ .2008. day of 2060004: a STATE OF SUR\ 0 12.5 25 50 SCALE: 1'= 50' EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 06-406) SMOKE( ROW ROAD (136111 STREET) UNE 5-1—A" (SECTION UNE) 12 Rods, 10' 24 25 SECTION LIN RES. .4 Y77 0 et L7 Exception 12 Rods, 10' 70 P.O.T. 95+00.00 A' io P.I. 99+27.09 A' 0 aJ ce CO o: g 2 P.O.T. 100+00.00 A'= SHEET 1 OF 2 P.O.T. 20+06.43 5-1—A' NE CORNER SEC.25,O T18N, R3E 2 • P.P.I.00 20+00'S -1—A' UNE 5-1—A' (SECTION UNE) co OWNER : HMG, JOSEPH D., SR. ET UX PARCEL : 1 CODE . PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD COUNTY : HAMILTON SECTION : 25 TOWNSHIP : 18N. RANGE : 3E. HATCHED AREA 15 THE APPROXIMATE TAKING DRAWN BY: J. A. ROWNGS 2-14-08 CHECKED BY: T. J. COOMES 2-18-08 INSTRUMENT No. 9909925908, DATED 4-19-1999 Dimensions shown are from the above fisted Record Documents. EXHIBIT "B" (cont.) PARCEL COORDINATE CHART SHEET 2 OF 2 Point Line Station Offset NORTH EAST 2* "S -1—A" ---- ---- ---- ---- 70 "A° ---- ---- ---- ---- 71* "A° ---- ---- ---- ---- 100 "A" 98+19.52 t(22.78' LT.) 1725622.9667 199041.3690 101 "A" 98+19.52 24.97 LT. 1725622.9630 199039.2241 102 "A" IE (98+59.73) 35.00' LT. 1725663.1810 199029.1692 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES. * SEE LOCATION CONTROL ROUTE SURVEY PLAT. SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location Control Route Survey recorded in Instrument No. 2007014151 in the Office of the Recorder of Hamilton County, Indiana, (incorporated and made a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12, ('Rule 12'). N Given under my hand and seal TIMOTHY J. CO Registered LanSurveyor No. 2060 State of Indiana *(205C0004. STATE OF SND I AP:•' Qom: .�� SURVF' '.'IInnnn0'. OWNER : HAAG, JOSEPH D., SR. ET UX PARCEL : 1 CODE PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD COUNTY : HAMILTON SECTION : 25 TOWNSHIP : 18N. RANGE : 3E. DRAWN BY: J. A. ROWNGS 2-14-08 CHECKED BY: T. J. COOMES 2-18-08 Dimensions shown are from the above listed Record Documents