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HomeMy WebLinkAboutClosing Documents Carmel Cemetery Association Rangeline Road Projectu CITY OF CARMEL JAMES BRAINARD, MAYOR CLOSING STATEMENT Fee Owner: Carmel Cemetery Association f/k/a Trustees of the Carmel Cemetery Company Address: 610 First Avenue NW Carmel, IN 46032 Location of Property: Range Line Road, Carmel, IN 46032 Project: 06-19 Range Line Road Parcel: No. 7 County: Hamilton State: Indiana Purchase Price: Total Disbursements: $24,615.00 $24,615.00 Please sign and date in the spaces provided below to acknowledge receipt of payment, and agreement to the amount shown. I (H/ ° mow rEe r ff y A sA-) (Date) (Signature) 7i ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2401, FAX 317.844.3498 EMAIL jbrainard@ci.carmelin.us At REGIONS MORGAN KEEGAN TRUST 2080012523 CARMEL COIT 2006 CF -CONSTRUCTION Date: TRUST REMITTANCE CHECK Pay Twenty -Four Thousand Six Hundred Fifteen DOLLARS AND NO CENTS - To Tne Order Of CARMEL CEMETERY ASSOCIATION 610 FIRST AVE NW CARMEL, IN 46032 1I16 2877" 1:06 20000 L91: 001754147611° TRUST NO. 2080012523 61-1 62877 620 08/14/2008 $"`""24,615.00 VOID AFTER 180 DAYS AUTHORIZED SIGNATURE DATE 08/14/2008 DISP CODE 89 TRUST NAME CARMEL COIT 2006 CF -CONSTRUCTION CT -NASHVILLE $""-"*-0.00 $""`24.615.00 INCOME CASH FOR CARMEL CEMETERY ASSOCIATION DRAW #36 PYMT ON PROJ 06-19, PARCEL 7 TAX ID #16-10-19-00-00-014.000 PRINCIPAL CASH REG# 32 REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK RJ Uf U ,0 0 UEIUI.f olio y© O 0"z' 009 CITY 0 ARMEL MEMORANDUM TO: Stephen C. Engelking Director FROM: Denise McHenry Indiana Acquisition DATE: July 17, 2008 JAMES 13RAINARD RE: Project: #06-19 Road: Rangeline Road County: Hamilton Parcel: #7 Owner: Carmel Cemetery Association. M voi SUBJECT: Recommendation for Administrative Settlement The City of Carmel's fair market value determination of $ 17,975.00 for .370 Acres of permanent right-of-way along with land improvements (asphalt, lawn and two trees) was offered to the owners. There were no costs to cures as a part of this offer. They rejected this offer stating that they should have an additional $ 6 640.00. The appraisal did not include the cost to protect the Cemetery plots by the use of a temporary snow fence located along Rangeline road and 136th Street during construction. We believe it is in the best interest of the City of Carmel to settle this parcel for $ 24 615.00 . This is an increase of $ 6,640.00 over the appraised amount, and we believe a great deal of time and money can be saved by settling this parcel as opposed to acquiring it through condemnation. In addition, it would cost the City approximately $10,000.00 to acquire this property through condemnation proceedings. There is also the possibility that a $25 000.00 litigation fee could be paid to the owner(s) attorney should (he) (she) (they) receive a favorable jury award. Therefore, we intend to offer $ 24,615.00 to the owner(s). Should (he) (she) (they) not accept, then the $24,614.00 offer will be withdrawn and the $ 17,975.00 figure will remain the approved amount. DW THIS RECOMMENDATION APPROVED.: Stephen. C. Engelking Director of Administrative DEPARTMENT OF EN( INEFRING ONIi Civrc SQUARE, CAIiVIEL, IN 46032 OmcE 317.571.2441 FAx 317.571.2439 I dIAiL. engineering gram -lel. In.gov ed by Slate Board of Accounts ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL City Form No. 201 (Rev. 1995) An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee _Carmel Cemetery Assoc; ati on Purchase Order No. 610 First Avenue NW Terms Carmel, IN 46032 Date Due Invoice Date Invoice Number Description (or note attached invoice(s) or bill(s)) Amount Purpose of Payment: 370 acres of perm right of way Project: Range line Road #06-19 Parcel #i Hamiltnn_Count y Parcel#16 10 19 00 00 014.00 g _ Y /', V r - __ By: �.-�Y/ d --t-- 7L-� Eric Moffett, president Todd --Andrews, secretary Total $9A til R nn I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5-11-10-1.6. , 20 Clerk -Treasurer Cu'Y OF CARMEL JAMES BRAINARD, MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER TO: Carmel Cemetery Association 610 First Avenue NW Carmel, IN 46032 PROJECT: Range Line Road /#06-19 PARCEL: # 7 COUNTY: Hamilton The City of Carmel, Hamilton County, Indiana is authorized by Indiana law to obtain your property or an easement across your property, for certain public purposes. The City of Carmel needs (your property), (an easement across your property) for a public road improvement project known as Range Line Road and needs to take the (property), (easement) as described on the attached legal description. It is our opinion that the fair market value of the (property), (easement) we want to acquire from you is $ 17,975.00 , and, therefore, the City of Carmel offers you $ 17,975.00 for the above described (property), ( easement). You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required thirty (30) days after you have received your payment in full. HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 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. Ose CIVIC Soiasr, CARMEL., IN 46932 OrrlcE 317.571.2491, FAN 317.841.3498 EMAIL jbminard@c i niel in.gov Page 2 Project: Range Line Road Parcel: #7 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 Cannel 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. 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 $ 17 975.00 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 natter you may contact the City directly, however the City of Cannel would first like you to contact the buyer: Indiana Acquisition @ (317) 841-6560 City of Carmel One Civic Square Cannel, IN 46032 Phone: 317-571-2401 Page 3 This offer was made to owner(s): Carmel Cemetery Association Project: Range Line Road Parcel: #7 of Hamilton County on 3J �� (Date) of on (Date) BY: (Signatu e) Denise McHenry, Buyer (Printed Name and Title) Agent for: City of Carmel If you decide to accept the offer of $ 17,975.00 made by the City of Carmel, sign your name below and mail all offer documents to Indiana Acquisition in the envelope provided. An additional copy of this offer will be provided upon request. ACCEPTANCE OF OFFER I (We), Carmel Cemetery Association f/k/a Trustees of the Carmel Cemetery Company by its President, Eric Moffett and secretary Todd Andrews landowner(s) of the above described property or interest in property, herebyccept th offer of $ 17,975.00 made by the City of Carmel on this / `� day of j�; (✓, 20 QA Carmel Cemetery Association f/k/a Trustees of the Carmel Cemetery Compa Administrative Settlement$ 6,640.00 By 4 Approverd offer amount: $17,975.00 �4 Ay Total Due: $24,615.00 7 F STATE OF 29wJfr COUNTY OF 4,44/(LToN Subscribed and sworn to before me this % Yea- day of Eric Moffett, President / By: /.hlc , ToAndrews, Secretary NOTARY'S CERTIFICATE SS: My commission expires: F -r ct 2-3, yor & My county of residence is: H /A 7 -DA) RONALD L BUSSELL Hamilton County My Commission Expires March 23, 2016 ,20 dF g ture) 0a//1-0 . �LJSScz[_ (Printed) Notary Public EXHIBIT "A" Parcel: 7 Fee Sheet I of I A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 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: Beginning at the Southwest corner of said section, designated as point "2" on said parcel plat; thence along the west line of said section North 0 degrees 03 minutes 26 seconds East 396.00 feet to the northwest corner of the property described in Deed Book 84, Page 290 in the office of the recorder of Hamilton County, Indiana; thence North 89 degrees 08 minutes 01 seconds East 40.35 feet along the north line of said property to point "700" designated on said plat; thence South 0 degrees 04 minutes 03 seconds West 114.81 feet to point "701" designated on said plat; thence South 0 degrees 10 minutes 06 seconds East 264.67 feet to the north boundary of 136`h Street, designated as point "705" on said plat; thence continuing South 0 degrees 10 minutes 06 seconds East 16.50 feet to the south line of said section; thence along said south line South 89 degrees 08 minutes 01 seconds West 41.44 feetto the point of beginning, containing 0.370 acres, more or less, inclusive of the presently existing right-of-way which contains 0.202 acres, more or less, for a net additional taking of 0.168 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 25{x- day of u ,2008 20600004: a . STATE OF `y v SUPS 0 25 50 100 SCALE: 1'= 100' EXHIBIT "B" RIGHT-OF-WAY PARCEL P .AT Prepared for The City of Carmel, Hamilton County, Indiana by United Consulting (Job No. 06-406) 72 P.1. 102+81.67 09.1 20+00.00 S -1-A" 279.04' 279.0Y 21+00 22+00 30 Rods :::) 215.97:'- 16.20' 216.20' SELL-OFF SHEET 1 OF 2 RES. A R/W 23+00 SMOKEY ROW ROAD (136111 STREET) 30 Rods LINE S -1-A" (SEC770N LINE)-' R.O.T. 100+00.00 A°= P.0. L 20+06.43 S -1-A" 24+00 ;EXIST. R/W 25+00 REMED BY: K.I. CARR 3-25-08 OWNER CARMEL CEMETERY ASSOCIATION PARCEL : 7 CODE PROJECT : RANGE UNE ROAD ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD COUNTY : SEC11ON : 119MILTONTCHED AREA IS / APPR XIMATE TAKING E TOWNSHIP : i8N. RANGE : 4E. DRAWN BY: J. A. ROWNGS 2-12-08 CHECKED BY: T. J. COOMES 2-18-08 DEED RECORD 84, PAGE 290, DATED 03-11-1903 DEED RECORD 340, PAGE 09, DATED 11-11-1983 DEED RECORD 340, PAGE 10, DATED 11-17-1983 Dimensions shown ore from the above lisied Record Documenis. J EXHIBIT "B" (cont.) PARCEL COORDINATE CHART SHEET 2 OF 2 Point Line Station Offset NORTH EAST 2* "S -1—A" ---- ---- ---- ---- 72* "A" ---- ---- --- 73* "A" ---- ---- --- 700 "A" 103+96.55 035.00' RT.) 1726199.9439 199098.3002 701 "A" P.I.(102+81.67) 35.00' RT. 1726085.1347 199098.1651 705 "A" +1.(100+16.93) 35.00' RT. 1725820.4617 199098.9425 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 \\N iIINI Il Irt/0 /// in accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12'). ;�-\, Q�G'sT4R...�Gi 20600004 STATE OF 71MOTHrIJ..e00M4E57 c ' ! .-i'"olA�'�i`��� Registered Land Surveyor No. 2060000 '';//: � SURv\C��\\\N State of Indiana +nnll REVISED BY: K.I. CARR 3-25-08 Given under my hand and seal 3�ZSip Ddte (OWNER : CARMEL CEMETERY ASSOCIATION PARCEL : 7 CODE PROJECT : RANGE LINE ROAD ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD COUNTY : HAMILTON SECTION : 19 TOWNSHIP : 18N. RANGE : 4E. DRAWN BY: J. A. ROWNCS 2-12-08 CHECKED BY: T. J. C00MES 2-18-08 Dimensions shorn ere from the above listed Record Documenisjr 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 Parcel 7 Road Range Line Road County Hamilton Owner(s) Carmel Cemetery Association 3. The,area and type of interest being acquired: 0.370 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 $ 17,975.00 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 RNV Permanent Easement Total Damages Total amount believed to be Just Compensation offered for this Acquisition is: $ -0- $ -0- $ -0- $ 17,975.00 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 7. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment, Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows: ASPHALT DRIVE, SEEDED LAWN, TREES 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: NONE 9. Remarks: Of the 0.370 acres of fee simple right-of-way being acquired, 0.202 acres are existing right-of-way and 0.168 acres are new right-of-way Date IC Sidnature Acquiring Agency: City of Carmel 1