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Home My WebLink AboutClosing Documents John Helton - Rangeline Road ProjectQ i 13 0 0. CITY OF CARMEL JAMES BRAINARD, MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: Range Line Road / #06-19 PARCEL: # 2 COUNTY: Hamilton TO: John M. Helton 1840 E. 136ih Street Carmel. IN 46032 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 $ 15,925.00 , and, therefore, the City of Carmel offers you $ 15,925.00 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. I-IERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PRO'T'ECTED 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. 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. 5. You may object to the public purpose and necessity of this project ONE Civic SQUARE, CARJIEL, IN 46032 Orrua; 317.571.2401, FAN 3I7.8414.3.198 liamu, jhrainard@ci.cirntcl.in.uv Page 2 Project: Range Line Road Parcel: #2 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 $ 15,925.00 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 cr (317) 841-6560 City of Carmel One Civic Square Carmel, IN 46032 Phone: 317-571-2401 Page 3 This offer was made to owner(s): John M. Hefton c/o personal rep. Project: Range Line Road Parcel: 42 of Hamilton County 011 5/13/2008 (Date) Justin Moffett of on (Date) ii; BY: ((Signature) Angela D. Riddle, Buyer (Printed Name and Title) Agent for: City of Carmel If you decide to accept the offer of $ 15,925.00 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), John M. Hefton landowner(s) of the above described property or interest in property, hereby accept the offer of $ 15,925.00 made by the City of Carmel on this y.j day of /17 , 20 c 7444 i‘P' John Hefton NOTARY'S CERTIFICATE STATE OF hid an Ia7� ) COUNTY OF Hann Subscribed and sworn to before me this SS: 2--7 My commission expires: 6' ?• ?, I' / 4` 111.117/ lIfro My county of residence is: day of OFFICIAL SEAL JUUE D. PHILLIPS NOTARY PUBLIC — INDIANA HAMILTON COUNTY My Comm. Expires March 30, 2016 May .20 03' liti;;PhLtZt1):?— nature) . -U//( pliill� s (Printed) Notary'Public REV -29 09-05 CITY OF CARMEL STATEMENT OF THE BASIS FOR JUST COMPENSATION 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) John M. Hefton Parcel 2 Road Range Line Road County Hamilton 3. The area and type of interest being acquired: 0.076 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 $ 13,300.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc) $ 2,625.00 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- $ 2,625.00 $ 15,925.00 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: SEEDED LAWN AND TREE 8. Items owned by others (i.e.. lessee, tenants, etc.) included in Item 5 above are identified as follows: NONE 9. Remarks: The 0.076 acres of fee simple right-of-way being acquired consists of 0.013 acres of new fee simple right-of-way and 0.063 acres of existing right-of-way. Date Signature Acquiring Agency: City of Carmel EXHIBIT "A" Parcel: 2 Fee Sheet 1 of 1 A pari 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 north line of said section South 88 degrees 41 minutes 35 seconds West 208.00 feet to the northeast comer of grantor's land and point of beginning of this description; thence along the east line of grantor's land South 0 degrees 05 minutes 53 seconds East 20.00 feet to point "201" designated on said plat; thence South 88 degrees 41 minutes 35 seconds West 165.00 feet to the west lint of grantor's land, designated as point "200" on said plat; thence along said west line North 0 degrees 05 minutes 53 seconds West 20.00 feet to the north line of said section; thence along said north line North 88 degrees 41 minutes 35 seconds East 165.00 feet to the point of beginning, containing 0.076 acres, more or less, inclusive of the presently existing right-of-way which contains 0.063 acres, more or less. for a net additional taking of 0.013 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 S day of �Ot2.1 t✓ . 2008. 00Witi III it N\1\\) tV\51 ERFG 20600004'5 STATE OF SURNIF'o`‘ N 0 125 25 50 SCALE 1"= 50 EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared for The City of Carmel, Hamilton County, Indian by United Consulting (Job No. 06-406) POT. 15+00.00 S-1—AC I5+00 16+00 17+00 10 Rods SHEET 1 OF 2 OP.1-20+00.00 S -1—A" 18+00 22 Rods, 10' UNE S -1—A' (SECTION UNE) EXIST R/W SMOREY ROW R040 (136171 STREET) R/W RES. A 165 EXC£P710N 10 Rods b m 4 19 25 30 REVISED BY: K. 1 CARR 4-1-08 OWNER : HEFTON, JOHN M. PARCEL : 2 CODE . PROJECT : RANGE LINE ROAD ROAD : SMOKEY ROW ROAD COUNTY : HAMILTON SECTION : 25 TOWNSHIP : 18N. RANGE : 3E. HATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY: J. A. ROWNGS 2-14-08 CHECKED BY: T. J. C00MES 2-18-08 INSTRUMENT No. 2006-66635, DATED 11-1-2006 thme ns 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" ---- ---- ---- ---- 77* "S -1—A" ---- ---- ---- ---- 200 "S -1—A" +1(16+26.58) 20.00' RT. 1725774.8221 198684.6913 201 "S -1—A" +12(17+91.58) 20.00' RT. 1725778.5854 198849.6484 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 Offiof 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 B65 LAC 1-12, ('Rule 12"). \\tauiiIuurri \‘"\Ni J CoO • * 20600004: Given under my hand and seal S. OS Date TIMOTHY J. :WE Registered Land Surveyor No. 20600004 State of Indiana STATE Or 1=-1,9;t* .(ND I. •�� o /to SUR' \\\\• uniimr" REVISED BY: K. I. CMR 4-1-08 OWNER : HEFTON, JOHN M. PARCEL : 2 CODE . PROJECT : RANGE UNE ROAD ROAD : SMOKEY ROW 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. 00 b CITY OF CARMEL JAMES BRAINARD, MAYOR CLOSING STATEMENT Fee Owner: John M. Hefton Address: 1840 E. 136th Street Carmel, IN 46032 Location of Property: 35 136°i Street. W., Carmel, IN 46032 Project: 06-19 Range Line Road Parcel: No. 2 County: Hamilton State: Indiana Purchase Price: $15,925.00 Total Disbursements: $15,925.00 Please sign and date in the spaces provided below to acknowledge receipt of payment, and agreement to the amount shown. (Sign ffir (Date) ONE QVC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2401, FAX 317.844.3498 EMAIL jbrainard@ci.carmel.in.us Alli® REGIONS MORGAN KEEGAN TRUST 2080012523 Pay Fifteen Thousand Nine Hundred Twenty -Five DOLLARS AND NO CENTS To The Order Of JOHN M. HEFTON 1840 E. 136TH STREET CARMEL, IN 46032 TRUST REMITTANCE CHECK 5461511' 1:0620000L91: 00L754L476" TRUST NO. 2080012523 DATE 06/19/2008 TRUST NAME CARMEL COIT 2006 CF -CONSTRUCTION CT -NASHVILLE Date: 61-1 54615 620 06/19/2008 $ 15,925.00 VOID AFTER 180 DAYS $ 0.00 $ 15,925.00 INCOME CASH FOR JOHN M. HEFTON PROJ 06-19 PARCEL 2 PRINCIPAL CASH DISP CODE 89 REG# 32 REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK , Prescribed by State 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 John M. Hefton Purchase Order No. 1840 E. 136th St. Terms Carmel, IN 46032 Date Due Invoice Date Invoice Number Description (or note attached invoice(s) or bill(s)) Amount LAND ACOUISTTTON Project: Range Line Road #06-19 Parcel 42 Tax Key#16 09 25 08 02 001.000 Addrcas: 35 13Gth St. W. Ca/mel, In 46032 Acquisition: .076 acres x . 94 /1.977, - - -- Total $15,925.00 JOHn -N. neLLon 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 Pm¢..nx0 In State Bain et A¢ouns ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL Coy Form No. 20; ;Am. 9251 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 John M. Hefton Purchase Order No. 1840 E. 136th St. Terms Carmel, IN 46032 Date Due Invoice Date Invoice Number Description (or note attached invoice(s) or bill(s)) Amount LAND heniJIS.LTION Project: Range Line Road (/06-19 Parcel 42 Tax Key/16-09-25-08-02-001 000 W. Cdsmel, Ili 46032 Addrc3s: 35 136t}1 SL. -Acquisition: .076_ acres J x j^5`1/i // Total •Y— $15,925.00 voHn M. ttercon 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 REV.29 0905 CIF\' OF CARMEL STATEMENT OF THE BASIS FOR JUST COMPENSATION LA Code if ISA 1 This is a %linen satemenl of, and summary 01 the basis for, the establishment of the amount beliesed to be, through a valuation process. just mmpensaLon for the purchase of this righl.ol- ay for highway proposes. The amount set loan in Item 5 below is not less than the approved estimate nt value. Puttc Law 91-6:6 fuordes that this value disregards any decease or increase in fair marlel value of the property. prior to Ice date of valuation caused by the public improvement for which the properly is acquired other than physical deterioration within reasonable control of the owner. 2. The legal description Of ml5 acquisition :5 set forth In tae instrument of conseyance in the following identified parcel and this a quisition is denb'aed i0 Ice Acquhng Agency's records as: Protect Range Line Road Oanegs) John M (Teflon Parcel 2 Road Range Line Road County Iiamilton 3 The area and type o: Cderesl being a:]e•Eed: (0.076.6cies lee simple righboRiay 1he amount in Ilea 5 below includes payment for the parch -are of all interests in the real picpedp and no separately held interest is being acquired separately in v:ho'e or part, ercept as may be erpl:Sled in Item 0 below. 4 This acquisition is (Check one): a. U A total acquisition untie real property. Is (J A partial acquisition of the real properly. 5 The Agency's Offer: !usl compensaicn has been determined Io Inc and the Acquiring Agency's offer for the purchase of this mal property is as follows: a. Tula) Lare, Lana Im{uo:emets and Oui1ings 5 13,200.00 b. Severance Darnaues (i e.: Se:aacl. Loss in Value to Ike Residues, etc) . 2,625.00 c Oilier Damages (Itemize) CosTio.Cure estimates' D(A!E 1 enlporany RA'' Permanent Easement 1 oral Damages Total amount believed to be Just Compensation offered for this Acquisition is: 6 .0. c $ -0. -0- 6 2625.00 15.92500 6. The amount in Item 5 above may induce payment for Ore purchase of certain bmlcrngs and improvements and their ownership shall pass lo Ike 4cquiiing Agency. These bond cgs and impro:emenls ale identified as Idlows: IIOIIE 7. The amount in Item 5 abo•:e may include payment for the purchase of cortin Land Improvements. Fixtures, Equipment, Machinery. Signs, Etc , and their ownership shall pass to the Acquiring Agency These'11011)5 are identified as follows: SEEDED LAV:II AND TREE 8. Items owned by othefs (i e', lessee. tenants. etc.) included in Ilene 5 above are identified as follows: 110415 9 Remarks: (Tlle 0.076 aaes oilceainote ighbdI', ibemq a coed consists of 0.013aaes of nett lee sinple rg11l7ohway'1 ono 0.063 apes at exissno nchI.obway. / t 21!5/(11 Date J / L Signature Acquiring Agency. City of Carmel