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HomeMy WebLinkAboutWestfield and 96th Tax payment issuePage 1 of 2 Cordray, Diana L From: Glaser, Karen A Sent: Thursday, May 25, 2006 8:43 AM To: 'Parks, Craig'; McBride, Mike T Cc: Engelking, Steve C; Stohler, Judy L; Cordray, Diana L; sklineman@msn.com; Henneke, Greg; Murphy, Chris Subject: RE: Westfield Blvd. Tax Payments Good morning, Craig. I want to express my thanks to you, American Consulting Inc., and Mr. Klineman, for your attention to resolving this issue for Tim and Jill Jungblut, as well as the other 3 persons involved. I have contacted Mr. Jungblut to forward the information expressed in your email to him, and he is most appreciative and asked that I thank you for them. And so, I do just that. I wish you and your family a safe and happy Memorial Day weekend! With appreciation, Karen Glaser Office of the Mayor City of Carmel 317.571.2401 Original Message From: Parks, Craig [mailto:CParks@amercons.com] Sent: Thursday, May 25, 2006 9:24 AM To: McBride, Mike T; Glaser, Karen A Cc: Engelking, Steve C; Stohler, Judy L; Cordray, Diana L; sklineman@msn.com; Henneke, Greg; Murphy, Chris Subject: Westfield Blvd. Tax Payments American Consulting Inc. & Steve Klineman have agreed to split the cost of the tax payments for the 4 homes (Jungblut, Cunningham, Wise & Angle) purchased as a part of Westfield Blvd. project and all tax payments were paid in full yesterday including any and all late fees associated with the parcels. Therefore, the property owners should no longer be receiving tax notices. If you receive any additional questions or calls regarding this issue, please feel free to forward them onto me, as everything should now be fully resolved. Thanks, Craig DISCLAIMER: This message contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake, and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is 5/25/2006 Blank Page 1 of 2 Cordray, Diana L From: Glaser, Karen A Sent: Wednesday, May 24, 2006 8:49 AM To: Cordray, Diana L Cc: Stohler, Judy L; Engelking, Steve C Subject: FW: Jungblut Taxes Diana, I have spoken with both Jill and Tim Jungblut to update them on this. As you will note, Judy Stohler has mentioned her concern about the time factor in the email on this issue. Thank you, Karen Original Message From: Stohler, Judy L Sent: Wednesday, May 24, 2006 9:17 AM To: 'craigparks@amercons.com' Cc: McBride, Mike T; Glaser, Karen A Subject: Jungblut Taxes Craig, at Mike's instruction, I'm forwarding the tax statement and Buyer's Report for Mr. Jungblut. As the Buyer's Report states, Mr, Klineman "told him that his '04 payable '05 will be eliminated as a result of signing prior to January 1." Karen Glaser in the Mayor's office is going to call Mr. Jungblut and tell him that the right-of-way company and the consulting firm overseeing the project have taken responsibility for getting these taxes paid. Just wondering: since taxes are due today, what happens with the late penalty that (probably) will be accrued? Judy Judy Stohler Office Administrator Department of Engineering City of Carmel (317)571-2432 jstohler@carmel.in.gov 5/24/2006 Page 1 of 3 Cordray, Diana L From: Stohler, Judy L Sent: Wednesday, May 24, 2006 7:56 AM To: Cordray, Diana L Subject: FW: Tim Jungblut Here's the trail. Judy Original Message From: McBride, Mike T Sent: Tuesday, May 23, 2006 3:16 PM To: Glaser, Karen A Cc: Scott, Lisa M; Stohler, Judy L Subject: RE: Tim Jungblut Thanks for making that call Karen. o@tLi L f a. DLJ3u2,, 036. City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: Glaser, Karen A Sent: Tuesday, May 23, 2006 3:06 PM To: McBride, Mike T Cc: Scott, Lisa M; Stohler, Judy L Subject: RE: Tim Jungblut Mike: thank you. I called Tim and he, or his wife, is going to bring the tax bill and city paperwork by your office this afternoon. Karen Original Message From: McBride, Mike T Sent: Tuesday, May 23, 2006 2:58 PM To: Glaser, Karen A Cc: Engelking, Steve C; Stohler, Judy L; 'Parks, Craig' Subject: RE: Tim Jungblut If he has the tax bills, it would be helpful in expediting payment if he would send or deliver those to the Clerk Treasurer's Office (or to my office) for payment. I have been told that the Clerk Treasurer must approve all tax payments, but Mr. Jungblut's tax payments should be 2005 taxes should be covered by the City. OL Kai 3. DL,03uae, 0 6. 5/24/2006 City Engineer City Of Carmel Indiana One Civic Square Carmel, IN 46032 phone: (317) 571-2441 fax: (317) 571-2439 From: Glaser, Karen A Sent: Tuesday, May 23, 2006 2:50 PM To: McBride, Mike T Cc: Engelking, Steve C Subject: RE: Tim Jungblut Page 2 of 3 2:45 pm/ MTMc: Tim Jungblut (refer to emails below) called me a little while ago to see if the mayor had responded to my email. I think he would like a call tomorrow, to give him some reassurance that this will NOT affect his credit. Or, if I need to contact someone, please advise. Thx Mike K 5/24/2006 Original Message From: Glaser, Karen A Sent: Tuesday, May 23, 2006 8:01 AM To: McBride, Mike T Subject: FW: Tim Jungblut Hi Mike, Please advise on this. Thx Karen Original Message From: Brainard, James C Sent: Monday, May 22, 2006 9:05 PM To: Glaser, Karen A Subject: RE: Tim Jungblut Engineering purchased these houses. This needs to bo to McBride. From: Glaser, Karen A Sent: Mon 5/22/2006 2:17 PM To: Brainard, James C Cc: O'Dea, Mary M; Engelking, Steve C Subject: Tim Jungblut PIs call Tim Jungblut, 374 5227 Re: he owned a home at 96th & Westfield and the city bought his property, a relocation package. He has received tax bills from the county treasurer, told by city officials handling the relocation that he would not be responsible for this. He is not too happy with this, understandably. Pk call him or advise me who I need to contact about this issue. Thx Mayor K Karen :_laser 5/24/2006 Page 3 of 3 e 96`h/Westfield Total Takes The purchases of four properties for the 96th/Westfield Road Improvement project were negotiated by Stephen Klineman, Specialized Land Services, Inc. These purchases were all signed prior to 12/31/2004. In the agreements, Mr. Klineman told the property owners that they would not be liable for 2004 property taxes (payable in 2005). Mr. Klineman told me that it has been experience in the past that the property taxes for road project/eminent domain are wiped out by the County. However, after Hamilton County questioned this, INDOT intervened and stated that this procedure is only valid on state projects. Therefore, the property taxes for 2004 (spring and fall 2005 installments) are delinquent. Who is responsible for these payments? The City has not signed any agreement that states we are going to pay these taxes, the state has said they are not nullified because of the road project. ud+ SPECIALIZED LAND SERVICES, INC. November 16, 2005 Cite_ Carmel Clerk Treasurer c/o Sandy Johnson One Civic Square Carmel, TN 46032 Re: 96°' Street & Westfield Blvd. Project Property Tax Issue Parcel 3.5.20. and 21 Dear Ms. Johnson: Enclosed are the following items that you requested for the total take parcels involved in the 96th Street and Westfield Boulevard project: 1. Administrative Settlement Memorandums- signed by the City 2. Uniform Land or Easement Acquisition Offers- executed by the owners 3. Signed Warranty Deeds- executed by the owners 4. Buyer's Reports representing to property owners that their 2004 (payable 2005) property taxes would be waived if documents were signed by 12/31/04. (Please note that these representations were made by me upon past experience with INDOT and LPA projects where property taxes were waived.) Please contact ane if you need anything further. Sincerely, Stephen J. Klineman, President Specialized Land Services, Inc. 8765 Guion Road, Suite D, Indianapolis, IN 46268 tel. 317-415-0121 fax 317-415-0122 sklineman@msn.com talc' 7 a�-- rn VH mj,z-an ILT in Official,. a overattieriiisitetof�Hamlito. Spring Tax Report 0 1. report type 2. property search 3. view reports Reset ' new search Igeneral parcel info.. � spring tax. report 0 fall tax report Iproperty card Instructions and Important Information THIS LOOKS WRONG This program allows you to view and print certain public records. Each section reflects information as of a specific date; so the information provided in different sections or reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. TAX PAYMENTS: as of November 17, 2005. * Newer tax payment information can be obtained by visiting or calling the Treasurer's Office. Delinquent Tax and Penalties: Spring Installment Fall Installment Penalties Added After Spring Due Date: Total Payments; Balance Due: 0 $371.14 $371.14 0 0 779.39 click here for Tax Payment Details ASSESSED VALUES: as of March 1, 2004 Res Land: Nonres Land: Res Improvement: Nonres Improvement. Net AV: $21,600 $0 $81,500 $2,000 $67,100 Legal Description: HAMILTON HEIGHTS 90.0 X 200.0 276-318 3/12/76 287-318 9/29/87 8743669 12/23/03 annexed to Carmel for 2006 pay 2007 2003-126610 9- 29-87 FROM DALTON ENTERED 12-1-87 2/2/05 Dead right of way to City of Carmel for 2005 pay 2006 2005-65 SPRING TAX STATEMENT: This statement reflects values for 2004 payable 2005 taxes as of April 25, 2005 and includes any payments made by April 22, 2005. • Newer deduction information can be obtained by visiting or calling t e Auditor's Office. Property assessment details can be obtained from the Online Prope ty Card Report. Newer assessment information can be obtained by visiting or calling the Assessor's Office. TREASURER COPY DUPLICATE NUMBER PROPERTY TAX STATEMENT A FIRST INSTALLMENT (SPRING) 04/25/05 2004 PAYABLE 2005 MAKE ALL CHECKS PAYABLE HAMILTON COUNTY TREASURER 33 N. NINTH ST NOBLESVILLE N 46060 17501 PARCEL NUMBER TAX RATE 1.674 17 14 07 03 05 014.000 HOMESTEAD CREDIT 8.3129 TAXING G UNIT NAME Clay REPLACEMENT CREDIT 28.12 BUSINESS REPLACEMENT CREDIT 20.6509 GROSS VALUE EXEMPT/DED TAXABLE VALUE GROSS TAX HOMESTEAD SPTRC NET TAX OTHER TAX, FEES & PENALTIES DELINQUENT TAX OR PENALTY PAID TO DATE TOTAL R 103100 38000 65100 544.89 32.56 371.14 0.00 371.14 N 2000 0 2000 16.74 157.93 SPEC AL ASSESSMENTS DEDUCTIONS BREAKDOWN Angle, Shawn E 2020 96th St E INDIANAPOLIS, IN 46240 CURRENT TAX BREAKDOWN Homestead 35000 State V#000329 0.54 Mortgage 3000 CoTIFRdvlp 1.29 0 County 50.89 0 Solid Waste V#026788 0.62 0 State V#000329 0.47 0 Clay Township V#3650 38.86 0 Carmel Clay Library V#2825 10.13 0 Carmel Clay Schools V#2826 268.34 TOTAL DUE 371.14 LEGAL DESCRIPTION 0.00 DUE DATE 05/10/2005 HAMILTON HEIGHTS 90.0 X 200.0 276-318 3/12/76 287- 0.00 ADD 10% PENALTY AFTER DUE DATE TOTAL 371.14 DEEDED !Angle, Shawn E !Angle, OWNER ACRES 0 Website_Suggestions or Issues 1 Conditions of Use 1 Pnvacy,,_Rolicy 1 Site Map Technical_Help HOME © 2005, Hamilton County, Indiana - all rights reserved. 0 0 ADMINISIRAIIVE SEITLEMENT MEMORANDUM TO: Michael McBride, City of Carmel Engineer FROM: Stephen I. Klineman, Acquisition Specialist Specialized Land Services, Inc. DAIE: December 21, 2004 RE: Request for Administrative Settlement Project: 04-11 Parcel: 20 Owner(s): Shawn E. Angle 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 $133,000.00 The owner has agreed to settle for $140,000.00 and will accept nothing less. We feel that it would be to the City's best interest to settle for the requested amount in light of the cost involved in litigation and the risk of an even mote generous court award We, therefore, recommend that the sum of$140,000.00 be awarded to the owner, this is an increase of $7 000.00 over the original offer and represents the most practical and economical solution to this case This recommendation is approved: Michael Mcende City of Carmel City Engineer 0 0 CI JAMES BRAIN4RD, MAYOR EL UNIFORM LAND OR EASEMENT ACQUISITION OFFER TO: Mr. Shawn E. Angle 2020 E. 96th St. Indianapolis, IN 46280 PROJECT: 04-1 I PARCEL: 20 CODE: N/A ROAD: Westfield Boulevard & 96th St. COUNTY: Hamilton The City of Carmel is authorized by Indiana law to obtain your land or an easement across your land for certain public purposes. The City of Carmel needs your land for a public highway improvement known as Westfield Boulevard and 96`b Street and needs to take your land as described on the attached legal description. It is our opinion that the fair market value of the land we want to acquire from you is 5133,000.00 and, therefore, the City of Carmel offers you 5133,000.00 for the above described land. You have twenty-five 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 and grant, 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. ONE CMC SQ n I n.tr.o: tb::NT ur ENCINrr:urct, IN -1603) Orrir.r 317.5E I.2.ril I x31 -S -I.2;3`) cm,inccringiu ci.carmckin.u• Project: 04-11 Parcel: 20 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase the land. 2. You do not have to accept this offer. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of the land, the City of Carmel has the right to file suit to condemn and appropriate the land in the county in which the real estate 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. 6. If the City of Carmel files a suit to condemn and appropriate the land, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the land to be appropriated. 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 land 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 land. 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. Project: 04-11 Parcel: 20 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 land. 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. The offer of $133,000.00 made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest. 10. If you have any questions concerning this matter, you may contact us at: Specialized Land Services, Inc. ATTN: Stephen J. Klineman 8765 Guion Rd., Suite D Indianapolis, Indiana 46268 Phone: 317-415-0121 This offer was made to owner(s): Shawn E. Angle of Indianapolis, IN On 12-8-04 (Date) of On (Date) of On (Date) of On (Date) BY: (Signature) Specialized Land Services, Inc. Stephen J. Klineman, President (Printed Name and Title) Agent of: The City of Carmel, Indiana 0 Page 4 0 Project: 04-1 I Parcel: 20 If you decide to accept the offer of $133 000.00 made by the City of Carmel, sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. I (We), ACCEPTANCE OF OFFER landowner(s) of the above described property or interest in property, hereby accept the offer o l S >JOc;O .^.,D made by the City of Carmel on tiJis Z 7 '-21ay of i C e.nI . 2007 . J c Shawn E. Angle Or $I 33/Goc c,o NOTARY'S CERTIFICATE7, act). c U STATE OFGk te..--‘.sl COUNTY OF .I ) Subscribed and sworn to before me this My commission expires: My county of residence is: SS: +c-1 4)1 oC00.C.c) 2 7 'day of,20 �; 7 STEPHEN J. KLINEMAN Notary Public, State of Indiana County at Marion My CoittmiSsion Exolres Apr. 16, 2008 (Printed) Notary Public INDIANA DEPARTMENT OF TRANSPORTATION, LAND ACQUISITION DIVISION BUYER'S REPORT 0 PROJECT: 04-11 PARCEL: 20 COUNTY: Hamilton CODE: n/a Name & Address of Owner: Shawn E. Angle, 2020 E. 96th St., Indianapolis, IN 46280 Name & Address of Person Contacted: f-kj rn,e Phone: 317-491-3459 Phone:2- (List other interested parties on reverse side including nature of their interest) Date Assigned: / Z —6- 07 Date of Contact: / Z — g--Ccy Time of Contact: SPM Offer $ 133,000.00 Type of Contact: (S() Personal Visit ( ) Phone ( ) Mail Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space: . 3. Checked Abstract w/ owner? Any affidavits taken: Any mortgage(s)? 4. kir, Any liens, judgments, etc.? 5. Showed plans? Exp. take? 6. t.v -5 I Explained about retentions? 7. u Any major item retained? 8. r�`�^t.+2 Any minor item retained? 9. 10. 11 12. 13. Walked over property? Owner to pay taxes? Secured Right -of -Entry Secured Driveway R/E Sent Daily Notice to Relocation? 14. ` Secured W-9 form? Left following papers w/ owners: 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Written offer? Land Acquisition Brochure? Retention Letter? Statement of Just Compensation? Tax memo (interim period)? Receipt of Conveyance Instrument? Copy of Conveyance Instrument? Owner's Appraisal Letter? Brochure. "Relocation & You"? E.D.D.? REMARKS: t� rl^,,* u.'h. M% 4,4e i.t'S p c -.'f .c( -2,a c.Qt Cit; C„ l—) cf CCS. / cid . tl 3 3, coo . cc, . fes,^. -tt��� r'� jj rr c4--R_2_��-�/ �isf- ,---,-s P. `^� r AN .3 h1C, -U��L 0..LL((-1 1 lit)44"e_ili t,.)()rr//( 1JL':/mSlo Lt. i\---LSK/-iIV — {., S �..JC� 'Uf ' cJ_ lY:(c` L. v1/4. c( e'.�.kr c fnc,JThz.(c( L t., 1 n -' �t LLA.,--L.; Lc( L t�rscK ilk 1�✓� ..^i`1� �nrL� `1- �t•�h� .io(e� I`'. /'M"�L' "iZ.e..l" 'f' ke. S� / c Ccj 12 — 31, 1,41_ wc,. rc( tiY' to (9:. .l I U Y, f t., J46 (e 'U S Status of Parcel: w Secured, ( ) Condemned, ( ) Other p- . Distribution: 1O Parcel ¢(..) Owner ( ) Weekly Summary ( ) Attorney ( ) Specify Other Property Owner Initials 20- Buyrptl Page l of Sign- Ur or^: e +�° TELT yj1f1r NA+' 7r mea+�x t,vae ^+ 3.� >yx ✓...wr..r ag.� :: tidal oyistrnmepAsAtisoVilamiltow.poynt Spring Tax Report 1. report type Reset 2. property_ search new search 1 3. view reports general parcel info. spring tax report 117fall tax report Online Service; property card Instructions and Important Information THIS LOOKS WRONG This program allows you to view and print certain public records. Each secion reflects information as of a specific date; so the information provided in different sections or reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. TAX PAYMENTS: as of November 17, 2005. * Newer tax payment information can be obtained by visiting or calling the Treasurer's Office. Delinquent Tax and Penalties: Spring Installment Fall Installment Penalties Added After Spring Due Date: Total Payments: Balance Due: 0 $463.67 $463.67 0 0 973.71 click here for Tax Payment Details ASSESSED VALUES: as of March 1, 2004 Res Land: Nonres Land: Res Improvement: Nonres Improvement. Net AV: $21,600 $0 $99,800 $600 $84,000 Legal Description: HAMILTON HEIGHTS 200.0 X 90.0 AUD 2/4/77 294-153 1/20/78 302-161 11/20/96 FR HENN 9648919 12/23/03 annexed to Carmel for 2006 pay 2007 2003-126610 2/2/05 Dead right of way to City of Carmel for 2 SPRING TAX STATEMENT: This statement reflects values for 2004 payable 2005 taxes as of April 25, 2005 and includes any payments made by April 22, 2005. Newer deduction information can be obtained by visiting or calling the Auditor's Office. Property assessment details can be obtained from the Online Property Card Report. Newer assessment information can be obtained by visiting or calling the Assessor's Office. TREASURER COPY DUPLICATE NUMBER PROPERTY TAX STATEMENT - A FIRST INSTALLMENT (SPRING) 04/25/05 2004 PAYABLE 2005 MAKE ALL CHECKS PAYABLE TO:TAXING HAMILTON COUNTY TREASURER 33 N. NINTH ST NOBLESVILLE IN 46060 2297 TAX RATE 1.674 PARCEL NUMBER HOMESTEAD CREDIT 8.3129 17 14 07 03 05 013.000 UNIT NAME REPLACEMENT CREDIT 28.12 Clay BUSINESS REPLACEMENT CREDIT 20.6509 GROSS VALUE EXEMPT/ DED TAXABLE VALUE GROSS TAX HOMESTEAD SPTRC NET TAX OTHER TAX, FEES & PENALTIES DELINQUENT TAX OR PENALTY PAID TO DATE TOTAL R 121400 38000 83400 698.06 41.71 463.67 0.00 463.67 N 600 0 600 5.02 197.70 SPECIAL ASSESSMENTS DEDUCTIONS BREAKDOWN Timothy M Jungblut 9614 Kittrell Dr Indianapolis , IN 46280 CURRENT TAX BREAKDOWN State V#000329 0.66 Mortgage 3000 CoTIFRdvlp 1.61 Homestead 35000 County 63.60 0 Solid Waste V#026788 0.78 0 State V#000329 0.58 0 Clay Township V#3650 48.55 0 Carmel Clay Library V#2825 12.65 0 Carmel Clay Schools V#2826 335.24 TOTAL DUE 463.67 0 LEGAL DESCRIPTION 0.00 DUE DATE' 05/10/2005 0.00 ADD 10% PENALTY AFTER DUE DATE HAMILTON HEIGHTS 200.0 X 90.0 AU TOTAL 463.67 OWNER DEEDED (Jungblut, Timothy M ACRES 0 Website Suggestions_orIssues 1 Conditions, of Use 1 PrivacyPolicy 1 Site_Map 1 Technical_Help 1 HOME © 2005, Hamilton County, Indiana - all rights reserved. 0 e ADMINISIRAIIVE SETILEMENI MEMORANDUM I0: Michael McBride, City of Carmel Engineer FROM: Stephen J. Klineman, Acquisition Specialist Specialized Land Services, Inc. DATE: December 21, 2004 RE: Request for Administrative Settlement Project: 04-11 Parcel: 21 Owner(s): Iimothy M. Jungblut 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 Matket Value" determination is $163,000.00 The ownei has agreed to settle for $170,000.00 and will accept nothing less We feel that it would be to the City's best interest to settle for the requested amount in light of the cost involved in litigation and the tisk of an even more generous court award. We, therefore, recommend that the sum of $170,000.00 be awarded to the owner, this is an increase of $7000.00 over the original offer and represents the most practical and economical solution to this case. This recommendation is approved: Michael McBride City of Carmel City Engineer 0 • CI JAMES BRAINARD, MAYOR EL UNIFORM LAND OR EASEMENT ACQUISITION OFFER TO: Mr. Timothy M. Jungblut 9614 Kittrell Dr. Indianapolis, IN 46280 PROJECT: 04-11 PARCEL: 21 CODE: N/A ROAD: Westfield Boulevard & 96th St. COUNTY: Hamilton The City of Carmel is authorized by Indiana law to obtain your land or an easement across your land for certain public purposes. The City of Carmel needs your land for a public highway improvement known as Westfield Boulevard and 96'h Street and needs to take your land as described on the attached legal description. It is our opinion that the fair market value of the land we want to acquire from you is 5163,000.00 and, therefore, the City of Carmel offers you 5163,000.00 for the above described land. You have twenty-five 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 and grant, provided there are no difficulties in clearing liens orother problems with title to the land. Possession will be required thirty (30) days after you have received your payment in full. DIIPARTAIENT OF ENGINEERING ()Ni. CIVIC St I ARI'. CARMEL. 1A, +61)32 )Eros: 3IT.S? 1.2 -i -t 1 P.c. 31.73-r1.2 it) liAI.vn-LI I L!in�in uLranncl-in.u, 0 Page 2 0 Project: 04-11 Parcel: 21 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase the land. 2. You do not have to accept this offer. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of the land, the City of Carmel has the right to file suit to condemn and appropriate the land in the county in which the real estate 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. 6. If the City of Carmel files a suit to condemn and appropriate the land, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the land to be appropriated. 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 land 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 land. 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. Project: 04-11 Parcel: 21 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 land. 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. The offer of $163,000.00 made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest. 10. If you have any questions concerning this matter, you may contact us at: Specialized Land Services, Inc. ATTN: Stephen J. Klineman 8765 Guion Rd., Suite D Indianapolis, Indiana 46268 Phone: 317-415-0121 This offer was made to owner(s): Timothy M. Jungblut of Indianapolis, IN of of of BY: On 12-8-04 (Date) On (Date) On (Date) On (Date) Specialized Land Services, Inc. Stephen J. Klineman, President (Printed Name and Title) Agent of: The City of Carmel, Indiana Page 4 Project: 04-11 Parcel: 21 If you decide to accept the offer of $163,000.0made by the City of Carmel, sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. I (We), ACCEPTANCE OF OFFER landowner(s) of the above described propeity or interg in property, hereby accept the offer of $ (G iroc� Cp made by the Cityf Carmel on this ??^`dav of Lie ccs: -.-6z' , 200i Tim c y1SGT.. Jungblut STATE OF COUNTY OF ; C �✓� (�nr: Oct %IrO3,OC). 0 NOTARY'S CERTIFICATE �y ryq e,A--) ' (Oft -4 i 70 J ck:. ,.l p ) SS: Subscribed and sworn to before me this My commission expires: My county of residence is: 7 7; day of'< kte'.-ex. , 20 o `( STEPHEN J. KLINEMAN Notary Public, State of Indiana County of Marion My Commission EXpIreS Apr.16, 2006 (Signature) iC (Printed) Notary Public INDIANA DEPARTMENT OF TRANSPORTATION, LAND ACQUISITION DIVISION BUYER'S REPORT PROJECT: 04-11 PARCEL: 21 COUNTY: Hamilton CODE: n/a Name & Address of Owner: Timothy M. Jungblut, 9614 Kittrell Dr. Indianapolis, IN 46280 Name & Address of Person Contacted: Scw.-e_ Phone: 317-815-0581 Phone: (List other interested parties on reverse side including nature of their interest) Date Assigned: Date of Contact: / 2 -2 2 -01 Time of Contact: Offer $ 163,000.00 Type of Contact: (X) Personal Visit ( ) Phone '5- ( ) Mail Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space: 1.S Checked Abstract w/ owner? 2. W Any affidavits taken: 3. _S Any mortgage(s)? Any liens, judgments, etc.? i Showed plans? Exp. take? 6. y j Explained about retentions? 7. nh, Any major item retained? 8. -fes Nu Any minor item retained? 9. .15 Walked over property? 10. t b Owner to pay taxes? 11. 15 Secured Right -of -Entry 12. IV., Secured Driveway R/E 13. 1. Sent Daily Notice to Relocation? 14. } Secured W-9 form? Lett following papers w/ owners: 15. 1 Written offer? 16. 17> Land Acquisition Brochure? 17, IU: Retention Letter? 18. r} Statement of Just Compensation? 19. M, Tax memo (interim period)? 20. a Receipt of Conveyance Instrument? 21. Copy of Conveyance Instrument? 22. 75 Owner's Appraisal Letter? 23. IV Brochure. "Relocation & You"? 24. .N, E.D.D.? REMARKS:`` c -J- !va.�-r/ w: IIM t I ' t�\�rioLut.. %_ Creel tore tv;113 Gere CC( 1�) Cin o•gn'�tt,\ tS hr-c-ht,C c'-{'+tZ..'�ri.+ '!Rte (t.� ee() lv—w Rett � l i &-‘ ey_z, reci es _ILL, c •- t_z ; jc-f- I. cJ-et CG'\q ,\ .- J C-5 C -CCC' J 15 r --i— c t 1` c`C'F M r-. .1 u, \5 , c u+ 5 _,, c( cc:e-,,(-7k t , / U \cC,;,; t'--,) l� u. ( /tee cc- ate_ 4 Siff, ' � t- � 1 fc -C' pe./W 5 `.c. UP 'ib 4SZ.Q 0.S f\:�,r.�}.. 1 'fur C. rICLCc v '-.+ I^t»✓.x-C at. 5ra Jee_/ t/';/_(Ut. 22 &Cs c- +pl(.17)1 L1 l�S - to $ UY pc'.6C 'CSw''I( k Citi'- i1,-,.. et 4i C' IZ) /r cF-511/45'511.L, p-,cr kt Status of Parcel: (4 Secured. ( ) Cond,mned. ( ) Other #_ _ ctj 1, Distribution: (i)- Parcel K) Owner ( ( ) Specify Other 45141 Proper ' er Initials 21- Buyrptl ) Weekly Summary ( ) Attorney C® rH I T� >ani e..if r ; t '"Official".overnlneniasi a�.Of HamlltOn Co'dSii Spring Tax Report 0 1. report type �'2. property search Reset( { new search- 1 0 3. view reports general parcel info. ( spring tax report fall tax report Instructions and Important Information THIS LOOKS WRONG property card This program allows you to view and print certain public records. Each section reflects information as of a specific date; so the information provided in different sections or reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. TAX PAYMENTS: as of November 17, 2005. ASSESSED VALUES: as of March 1, 2004 * Newer tax payment information can be obtained by visiting or calling the Treasurer's Office. Res Land: $23,400 Nonres Land: $0 Delinquent Tax and Penalties: 0 Res Improvement: $82,600 Spring Installment $380.51 Nonres Improvement: $900 Fall Installment $380.51 Net AV. $68,900 Penalties Added After Spring Due Date: 0 Legal Description: HAMILTON HEIGHTS 70.2 X 200 AUD 11/4/87 8746381 9/23/97 FR PROVART 9740082 12/23/03 annexed to Carmel for 2006 pay 2007 2003- 126610 2/2/05 Dead right of way to City of Carmel for 2005 pay 2006 2005-6503 Total Payments: 0 Balance Due: 799.07 click here for Tax Payment Details SPRING TAX STATEMENT, This statement reflects any payments made by April 22, 2005. * Newer deduction information can be obtained by visiting or calling the Auditor's * Property assessment details can be obtained from the Online Property Card the Assessor's Office. values for 2004 payable 2005 taxes as of April 25, 2005 and includes Office. Report. Newer assessment information can be obtained by visiting or calling TREASURER COPY DUPLICATE NUMBER A FIRST INSTALLMENT 14294 (SPRING) 04/25/05 2004 PAYABLE 2005 PARCEL. NUMBER TAX RATE 1.674 MAKE ALL CHECKS PAYABLE 17 14 07 03 05 015.000 PROPERTY TO: TAXING UNIT NAME TAX STATEMENT HOMESTEAD CREDIT 8.3129 HAMILTON COUNTY TREASURER 33 N. NINTH ST REPLACEMENT CREDIT 28.12 NOBLESVILLE IN 46060 Clay BUSINESS REPLACEMENT CREDIT_ 20.6509 GROSS VALUE _. EXEMPT/DED TAXABLE VALUE GROSS TAX HOMESTEAD SPTRC NET TAX OTHER TAX, FEES & PENALTIES DELINQUENT TAX OR PENALTY PAID TO DATE TOTAL R 106000 38000 68000 569.16 34.01 380.51 0.00 380.51 N 900 0 900 7.53 162.17 _ SPECIAL ASSESSMENTS DEDUCT ONS BREAKDOWN CURRENT TAX BREAKDOWN Homestead 35000 Mailed to: Nets Electronic Tax Service State V#000329 0.53 Mortgage 3000 CoTIFRdvlp 1.32 0 County 52.19 0 Solid Waste V#026788 0.64 0 State V#000329 0.48 0 Clay Township V#3650 39.84 0 Carmel Clay Library V#2825 10.39 0 Carmel Clay Schools V#2826 275.12 TOTAL DUE 380.51 LEGAL DESCRIPTION 0.00 DUE DATE 05/10/2005 HAMILTON HEIGHTS 70.2 X 200 AU ADD °/ PENALTY AFTER DUE TOTAL 380.510.00 DATE10 DEEDED OWNER fff (Cunningham, Jacob &Tonya Z ACRES 0 Website Suggestionsor Issues 1 Conditions of Use 1 Privacy Policy 1 Site Map 1 Technical Help 1 HOME rc) 2005, Hamilton County, Indiana - all rights reserved. NOV 141005 ADMI1rISIRAI IVE SEYILEMENI MEMORANDLNI TO: Michael McBride, City of Carmel Engineer FROM: Stephen J. Klineman, Acquisition Specialist Specialized Land Sem-ices, Inc DATE: December 21, 2004 RE: Request for Administrative Settlement Project: 04-11 Parcel: 3 Owner(s): .Jacob and Tonya Cunningham 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 $140,000.00 The owner has agreed to settle for $147,500.00 and will accept nothing less We feel that it would be to the City's best interest to settle for the requested amount in light of the cost involved in litigation and the risk of an even more generous court awatd.. We, therefore, recommend that the sum of $147 500.00 be awarded to the owner, this is an increase of $7.500.00 over the original offer and represents the most practical and economical solution to this case. This recommendation is approved: Michael McBride City of Cannel City Engineer s _JAMES BR WARD, MAYOR EL UNIFORM LAND OR EASEMENT ACQUISITION OFFER TO: Mr. and Mrs. Jacob Cunningham 9601 Westfield Blvd. Indianapolis, IN 46280 PROJECT: 04-11 PARCEL: 3 CODE: N/A ROAD: Westfield Boulevard & 96`h St. COUNTY: Hamilton The City of Carmel is authorized by Indiana law to obtain your land or an easement across your land For certain public purposes. The City of Carmel needs your land for a public highway improvement known as Westfield Boulevard and 96`h Street and needs to take your land as described on the attached legal description. It is our opinion that the fair market value of the land we ""ant to acquire from you is 5140.000.00 and, therefore, the City of Carmel offers you S1,10,000.00 for the above described land. You have twenty-five 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 and grant, 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. Oxi Civic I1N•\!<nn.`..r n: Iy'.r.ri Ri"a Scn AKE, CARMra. t\.-t',n;; (nrp.r. iI..5-1.2 c I FAN il—.i-1.2 Project: 04-11 Parcel: 3 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 the land. 2. You do not have to accept this offer. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of the land, the City of Carmel has the right to file suit to condemn and appropriate the land in the county in which the real estate 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. 6. If the City of Carmel files a suit to condemn and appropriate the land, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the land to be appropriated. 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 land 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 land. You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no Vtiay 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. Page 3 Project: 04-11 Parcel: 3 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 land. 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. The offer of $140,000.00 made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest. 10. If you have any questions concerning this matter, you may contact us at: Specialized Land Services, Inc. A t I N: Stephen J. Klineman 8765 Guion Rd., Suite D Indianapolis, Indiana 46268 Phone: 317-415-0121 This offer was made to owner(s): Jacob Cunningham Tonya Z. Cunningham 0 of Indianapolis, EN of Indianapolis, IN On 12-8-04 (Date) On 12-8-04 (Date) of On (Date) of On (Date) BY: Specialized Land Services, Inc. Stephen J. Klineman, President (Printed Name and Title) Agent of: The City of Carmel, Indiana • Page 4 Project: 04-11 Parcel: 3 If you decide to accept the offer of $140,000.00 made by the City of Carmel, sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER I (We), Cob C iln n y. z andowner(s) of tile- ve described prores perty or intepproperty, ijereby accept the offer of S I t �•aD made by �e C 6,' ofCiel on L day of L C-tert_ 460-r°/L-- , 200 Tonya Z.4 unping ham Cunningham NOTARY'S CERTIFICATE �t &/`5't""( I Y4000. 00 /-N.41tNCy(,rAivc o.00 (mew lo4t4Y-2, S00.oa STATE OF ) SS: COUNTY OF (-(c I -tar. ) Subscribed and sworn to before me this * 4.1' day of Ot:"c,20 UY My commission expires: My county of residence is: STEPHEN J. KLINEMAN Notary Public, State of Indiana County of Marion My Commission Expires Apr. 16, 2008 (Signature) (Printed) Notary Public INDIANA DEPARTMENT OF TRANSPORTATION, LAND ACQUISITION DIVISION BUYER'S REPORT ROJECT: 04-11 PARCEL: 3 COUNTY: Hamilton CODE: n/a Name & Address of Owner: Jacob and Tonya Cunningham, 9601 Westfield Blvd., Indianapolis, IN 46280 Phone: 317-846-6362 Name & Address of Person Contacted: Phone: (List other interested parties on reverse side including nature of their interest) Date Assigned: Date of Contact: Time of Contact: Offer $ 140,000:00 Type of Contact: ( ) Personal Visit ( ) Phone ( ) Mail Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space: 1. 1 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Checked Abstract w/ owner? Any affidavits taken: Any mortgage(s)? Any liens, judgments, etc.? Showed plans? Exp. take? Explained about retentions? Any major item retained? Any minor item retained? Walked over property? Owner to pay taxes? Secured Right -of -Entry Secured Driveway R/E Sent Daily Notice to Relocation? REMARKS: 14. Secured W-9 form? Left following papers w/ owners: 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Written offer? Land Acquisition Brochure? Retention Letter? Statement of Just Compensation? Tax memo (interim period)? Receipt of Conveyance Instrument? Copy of Conveyance Instrument? Owner's Appraisal Letter? Brochure,"Relocation & You"? E.D.D.? 1, 17 -"1-o+- Z 1ef1- ,,._Ark Car M r' -+r 1"c s. C I c Z.,) • 12_ - I S - o Y -.1_. 5 f /Yz / tccz (Etnr ay -)Th - : C _2(1/0 // CtInj✓e_C.Ur JC. -'-, .�- loiC l^,� it �� S�ynecl 12. /2./31, -h-e,r /0i tz xa s, P ,tom /{'o5 wet) AS ,n t Io G/.aye i. (L I % r 1. I'j r� zi R� ` J1r 1K . Li,IZ- IS -OA, j 1cc- c�zc CU 5. - L I- O 1- 1 5 mecca ;A.( c1 k (J a l a L„ 5 t U r - cite/ f $I't � Ste. Status of Parcel: ( ) Secured, ( ) Condemned, ( ) Other 'L.„( Io(( H2 5 II,v.1,0 , ^arc Distribution: ( ) Parcel ( ) Owner ( ) Weekly Summary ( ) Attorney ( ) Specify Other Property Owner Initials 3- nuyrpti Page 1 of Signature Spring Tax Report 1. report type Reset 2. property search 3. view reports general parcel info. I spring tax report fall tax report r property card 14- new search Online Service: Instructions and Important Information I THIS LOOKS WRONG This program allows you to view and print certain public records. Each section reflects information as of a specific date; so the information provided in different sections or reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. ASSESSED VALUES: as of March 1, 2004 TAX PAYMENTS: as of November 17, 2005. * Newer tax payment information can be obtained by visiting or calling the Treasurer's Office. Res Land: $23,400 Nonres Land: $0 Delinquent Tax and Penalties: 0 Res Improvement: $80,200 Spring Installment $443.08 Nonres Improvement. $13,500 Fall Installment $443.08 Net AV: $79,100 Penalties Added After Spring Due Date: 0 Total Payments: 10 Legal Description: HAMILTON HEIGHTS 130.0 X 200.0 A 4/27/87 FR MITCHELL 8709423 Balance Due: 930.47 4/14/97 FR TELFORD 9713957 4/27/87 FR MITCHELL 9713957 7/30/97 FR click here for Tax Payment Details TELFORD 9730814 11/17/99 FR WISE 9967087 12/23/03 annexed to Carmel for 2006 pay 200 SPRING TAX STATEM ENT: This statement reflects values for 2004 payable 2005 taxes as of April 25, 2005 and includes any payments made by April 22, 2005. * Newer deduction information can be obtained by visiting or calling the Auditor's Office. * Property assessment details can be obtained from the Online Property Card Report. Newer assessment information can be obtained by visiting or calling the Assessor's Office. TREASURER COPY DUPLICATE NUMBER A FIRST INSTALLMENT 5021 (SPRING) 04/25/05 2004 PAYABLE 2005 PARCEL NUMBER TAX RATE 1.674 MAKE ALL CHECKS PAYABLE 17 14 07 03 05 016.000 PROPERTY HOMESTEAD TO:TAXING UNIT NAME TAX STATEMENT CREDIT 8.3129 HAMILTON COUNTY TREASURER 33 N. NINTH ST REPLACEMENT CREDIT 28.12 NOBLESVILLE IN 46060 Clay BUSINESS REPLACEMENT CREDIT 20.6509 GROSS VALUE EXEMPT/DED TAXABLE VALUE GROSS TAX HOMESTEAD SPTRC NET TAX OTHER TAX, FEES & PENALTIES DELINQUENT TAX OR PENALTY PAID TO DATE TOTAL R 103600 38000 65600 549.07 32.81 443.08 0.00 443.08 N 13500 0 13500 113.00 186.18 SPECIAL ASSESSMENTS DEDUCTIONS BREAKDOWN CURRENT TAX BREAKDOWN Mortgage 3000 State V#000329 0.64 Homestead 35000 Dana Wise CoTIFRdvlp 1.54 0 County . 60.76 0 9615 Westfield Blvd Solid Waste V#026788 0.74 0 Indianapolis , IN 46250 State V#000329 0.56 0 Clay Township V#3650 46.40 0 Carmel Clay Library V#2825 12.09 0 Carmel Clay Schools V#2826 320.35 TOTAL DUE 443.08 LEGAL DESCRIPTION 0.00 DUE DATE 05/10/2005 0.00 ADD 1O% PENALTY AFTER DUE HAMILTON HEIGHTS 130.0 X 200.0DATE TOTAL 443.08 DEEDED (Wise, Dana OWNER ACRES 0 Website Suggestions or Issues 1 Conditions of Use 1 Privacy Policy 1 Site Map 1 Technical_Help 1 HOME © 2005, Hamilton County, Indiana - all rights reserved. 0 e ADMINISIRATIVE SETTLEMENT MEMORANDUM IO: Michael McBride, City of Carmel Engineer . FROM: Stephen I. Klineman, Acquisition Specialist Specialized Land Services, Inc. DAIE: December 13, 2004 RE: Request for Administrative Settlement Project: 04-11 Parcel: 5 Owner(s): Dana Wise 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 $142,000.00_ The owner has agreed to settle fox $150 000.00 and will accept nothing less We feel that it would be to the City's best interest to settle for the requested amount in light of the cost involved in litigation and the risk of an even more generous court award. We, therefore, recommend that the sum of $150,000.00 be awarded to the owner, this is an increase of $3.000.00 over the original offer and represents the most practical and economical solution to this case This recommendation is approved: ichael McBride City of Carmel City Engineer 0 TAMES BRA1NARD, MAYOR EL UNIFORM LAND OR EASEMENT ACQUISITION OFFER TO: Ms. Dana Wise 9615 Westfield Blvd. Indianapolis, IN 46280 PROJECT: 04-11 PARCEL: 5 CODE: N/A ROAD: Westfield Boulevard & 96th St. COUNTY: Hamilton The City of Carmel is authorized by Indiana law to obtain your land or an easement across your land for certain public purposes. The City of Carmel needs your land for a public highway improvement known as Westfield Boulevard and 96th Street and needs to take your land as described on the attached legal description. It is our opinion 'that the fair market value of the land ve want to acquire from you is 5143,000.00 and, therefore, the City of Carmel offers you S142.000.00 for the above described land. You have twenty-five days from this date to acceptor 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 and grant, 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. DEP.\Rnu:N r „r FSGINEENICG Os[ Cr.u: S,r.\ RE. CARMEL IN -i6(1 4 ()FHLE il-.5?12ii1 I`.'.0 , i i:: umclin �n F :: 1ThS 1 2.1391 Page 2 Project: 04-11 Parcel: 5 HERE ISA BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase the land. 2. You do not have to accept this offer. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of the land, the City of Carmel has the right to file suit to condemn and appropriate the land in the county in which the real estate 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. 6. If the City of Carmel files a suit to condemn and appropriate the land, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the land to be appropriated. 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 land 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 land. 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. f Page 3 Project: 04-11 Parcel: 5 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 land. 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. The offer of $142,000.00 made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest. 10. If you have any questions concerning this matter, you may contact us at: Specialized Land Services, Inc. ATTN: Stephen J. Klineman 8765 Guion Rd., Suite D Indianapolis, Indiana 46268 Phone: 317-415-0121 This offer was made to owner(s): Dana Wise of Indianapolis. IN of of of BY: On 12-8-04 (Date) On (Date) On (Date) On (Date) Specialized Land Services, Inc. Stephen J. Klineman, President (Printed Name and Title) Agent of: The City of Carmel, Indiana 0 Page 4 c Project: 04-11 Parcel: 5 SIC If you decide to accept the offer of $142,000.00 made by the City of Carmel, sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. I (We), ACCEPTANCE OF OFFER IJG.1a� llJ.\t landowner(s) of the above described property or interest in property, hereby accept the offer of S IY1dCCA. GO made by the City of Carmel on this 2_2"m-1 day of Oe c c...Lre' , 20c Y Dana Wise Un 5 tR r $ V 'O cco NOTARY'S CERTIFICATE Fjr.le-fr^i'^,s=z-h ;f -It "`'+ `'`"'OO STATE OFtetz._ON„ ) COUNTY OF 1-(cw, . SS: Subscribed and sworn to before me this ______ day of a'Cen-.1,9eX , 20 G Y My commission expires: My county of residence is: STEPHEN J. KLINEMAN Notary Public, State of Indiana County of Marion My Commission Expires Apr. 16, 2008 Y I SO, o o 0 0 (Printed) Notary Public 'INDIANA DEPARTMENT OF TRANSPORTATION, LAND ACQUISITION DIVISION BUYER'S REPORT .O1ECT: 04-11 PARCEL: 5 COUNTY: Hamilton CODE: n/a ame & Address of Owner: Dana Wise, 9615 Westfield Blvd., diana.olis, IN 46280 Name & Address of Person Contacted: Phone: 317-77-6503 Phone: (List other interested parties on reverse side including nature of their interest) Date Assigned: 12., /o`1 Date of Contact: r z./ B/t: y Time of Contact: 3 P rm . Offer $ 142,000.00 Type of Contact: (,c) Personal Visit ( ) Phone ( ) Mail Write: Yes, No, or N/A (for not applicable), as appropriate in each numbered blank space: 1. 5. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 t Checked Abstract w/ owner? Any affidavits taken: Any mortgage(s)? Any liens, judgments, etc.? Showed plans? Exp. take? Explained about retentions? Any major item retained? Any minor item retained? Walked over property? Owner to pay taxes? Secured Right -of -Entry Secured Driveway RJE Sent Daily Notice to Relocation? 14. M. Secured W-9 form? Left following papers w/ owners: 15 16 17 18 19 20 21 22 23 24 Written offer? Land Acquisition Brochure? Retention Letter? Statement of Just Compensation? Tax memo (interim period)? Receipt of Conveyance Instrument? Copy of Conveyance Instrument? Owner's Appraisal Letter? Brochure, "Relocation & You"? E.D.D.? REMARKS: rv- + .�,` f� iv;sz J In. j 5. cl 6f Q4rxc u1/4): v c_l_ (),-,e y,,-I-ec( C ; 1-‘3 of Cc c-rv,L.1 S �z-- c M f-- (-A.1 t Se- c) ,c� 1e•.t C. ‘JP . 2"± w� "f1� -(2`z ,Fc,, - y., .1 1t ct 6%, t..lr�-�1�� c.� {NEL,-( Yom.-' c:^<\ ���.1`e due, rE lc-cz. z ,, on, �� S. Z kid. i LAC C la c. r (3 cc_h ✓� p r -S Li"r ti '1 Q Eo iv__ CC`> Ss;o� S kE'- t'-.ci , tcc Lec( -T - J �1w .L„.1 . ZI JLc( 03± t`p (Jae\ s 3/. 1-0/ c(Z-{- �cc& ( ) Condemned, ( ) Other Status of Parcel: &3 Secured. Distribution: (4 Parcel f) Owner ( ) Weekly Summary ( ) Attorney ( ) Specify Other 974 roperty Owner Initials 5- Buyrptl Page 1 of shall submit for payment to the property owner by providing [he Billowing documentation to the City Engineer: a) Signed Acceptance Offer b) Signed Right -of -Entry Form (Form provided by City) c) Statement of Basis for Just Compensation (signed by the City of Carmel) and any documents which reflect adjustments to appraisal amount (administrative settlements). d) Sales Disclosure Form (For signature by the City's Director of Administration). e) W -9's (for 1099 preparation) 0 Conveyance documents (including plat and legal) g) Cover letter explaining payment distribution (i.e., banks requiring partial/total proceed). 7) The Right Of Way Management Company shall pick up the check for payment to the property owner as well as the signed Sales Disclosure Form from the City Engineers Office. 8) The Right Of Way Management Co. ordesignee shall personally deliver the check to property owner and obtain a signed receipt from property owner acknowledging receipt of payment (Receipt form provided by City). The.original signed receipt of payment shall be delivered to the Clerk Treasurers Office with a copy of the check. This information shall also be copied to the City Engineer. 9) The Right Of Way Management Co. shall then be responsible for recording all necessary documents to -complete the conveyance. The'following items shall be taken to the County Recorders Office for recording: a) The Original Documents for recording. On the back of the last page of the Original Documents, place a label that reads: N. City of Carmel Office of the Clerk Treasurer One Civic Square Carmel Indiana 46032 b) At least two copies of the original documents to be date stamped "Received for Recording" by the County Recorders Office. c) A legal sized stamped envelope addressed to the City of Carmel Clerk Treasurer to ensure that the Original Documents are returned to the City by The County Recorder when recording is complete.- The omplete. The Original Documents and the Envelope shall be left at the County Recorder's office and the two copies shall be stamped "Received for Recording". One copy of the.stamped "Received for Recording" document shall be delivered to the City Engineer and the other shall be delivered to the Clerk Treasurer. This stamped copy Johnson, Sandy M To: 'sklineman@msn.com'; Engelking, Steve C; McBride, Mike T Cc: 'Parks, Craig; Cordray, Diana L; Stohler, Judy L Subject: RE: Sean Angle Taxes (Westfield Blvd) I spoke to Mr. Klineman, last June and November when these property owners received tax statements. I explain to him that these taxes are not the City's responsibility. Mr. Klineman told these property owners that the County would waive these taxes because of the road project. At a later date, Mr. Klineman was notified by the County and confirmed by INDOT that waiving of the taxes is only done with state road projects. The City, by state statute can not make payment without proper documentation and in this case, proper documentation does not exist, at least not to my knowledge. The homeowner is responsible for payment of these tax bills. This is exactly what Mr. Klineman was told in November. I think it is probably time for Mr. Klineman to determine what to do with this issue. It is obviously not going to disappear. SANDY JOHNSON ASSET MANAGER CITY OF CARMEL OFFICE OF THE CLERK TREASURER 317 571-2628 - OFFICE 317 571-241O - FAX Original Message From: Stohler, Judy L Sent: Monday, February 06, 2006 1:48 PM To: Johnson, Sandy M Cc: 'Parks, Craig'; 'sklineman@msn.com' Subject: RE: Sean Angle Taxes (Westfield Blvd) Sandy, this morning Craig Parks said that Sean Angle, former Westfield Blvd property owner, had received a delinquent tax notification from the County on the property purchased from him by the City for the Westfield/96th project. Can you please check your records from last year to see the status of tax payments for the Westfield properties? I think that Craig Parks or Steve Klineman needs to get in touch with Sean Angle to advise him what to do about the delinquency notice. You will see Craig's and Steve's email addresses in the trail below. Please let me know if there is some way I can help. Thanks a lot. Judy Original Message From: Parks, Craig [mailto:CParks@amercons.com] Sent: Monday, February 06, 2006 12:45 PM To: Stohler, Judy L Subject: FW: Sean Angle Taxes (Westfield Blvd) 2/6/2006 From: Steve Klineman [mailto:sklineman@msn.com] Sent: Monday, February 06, 2006 11:53 AM To: Parks, Craig Subject: RE: Sean Angle Taxes (Westfield Blvd) Craig: Mr. Angle faxed me what he received. It was a Delinquent Real Property Courtesy Letter that shows a delinquency of $408. It refers, I believe, only to the payable Spring 05 installment. Of course, if Spring is unpaid, then Fall is likely unpaid as well. Original Message From: Parks, Craig [mailto:CParks@amercons.com] Sent: Monday, February 06, 2006 10:51 AM To: sklineman@msn.com Subject: FW: Sean Angle Taxes (Westfield Blvd) From: Stohler, Judy L [mailto:JStohler@carmel.in.gov] Sent: Monday, February 06, 2006 10:49 AM To: Parks, Craig Subject: Sean Angle Taxes (Westfield Blvd) Craig, which taxes does the County say were not paid? 2004 payable 2005 November installment or what? Did Angle receive a tax statement? Don't you anticipate that we will be getting calls about the other three parcels as well? I would think that these tax statements should be mailed directly to Sandy Johnson, since she is the only person who can process their payment. On November 3, 2005, I forwarded to Sandy a list of parcels and tax installment amounts for the four Westfield/96th Street properties. Thanks. Judy Judy Stohler Office Administrator Department of Engineering City of Carmel (317)571-2432 jstohler@ carmel. in.gov DISCLAIMER: 2/6/2006 This message contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake, and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. American Consulting, Inc., 7260 Shadeland Station, Indianapolis, IN 46256, USA. http://www.amercons.com/ http://www.emaildisclaimers.com/ 2/6/2006 0 2/6/2006 From: Stohler, Judy L [mailto:JStohler@carmel.in.gov] Sent: Monday, February 06, 2006 10:49 AM To: Parks, Craig Subject: Sean Angle Taxes (Westfield Blvd) Craig, which taxes does the County say were not paid? 2004 payable 2005 November installment or what? Did Angle receive a tax statement? Don't you anticipate that we will be getting calls about the other three parcels as well? I would think that these tax statements should be mailed directly to Sandy Johnson, since she is the only person who can process their payment. On November 3, 2005, I forwarded to Sandy a list of parcels and tax installment amounts for the four Westfield/96th Street properties. Thanks. Judy Judy Stohler Office Administrator Department of Engineering City of Carmel (317)571-2432 jstohler@carmel.in.gov DISCLAIMER: This message contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake, and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. American Consulting, Inc., 7260 Shadeland Station, Indianapolis, IN 46256, USA, http://www.amercons.com/ http://www.emaildisclaimers.com/ Johnson, Sandy M From: Steve Klineman [sklineman@msn.com] Sent: Wednesday, November 16, 2005 9:35 AM To: Johnson, Sandy M Subject: IRE: Sandy: I was waiting to get copies of the administrative settlement letters signed by the City. They are being e-mailed to me today. I will forward everything to you today or tomorrow. Original Message From: Johnson, Sandy M [mailto:SMJohnson@carmel.in.gov] Sent: Wednesday, November 16, 2005 9:10 AM To: sklineman@msn.com Subject: Mr. Klineman, I still had not received any of the paperwork that you promised me on the Westfield/96th Street Project. I need this information to review with Diana Cordray and determine if we are responsible for the property taxes. These taxes were due on November 10, 2005. Please let me know when I will receive all the information. If you have any questions, please contact me at the phone number listed below. Thank you. SANDY JOHNSON ASSET MANAGER CITY OF CARMEL OFFICE OF THE CLERK TREASURER 317 571-2628 - OFFICE 317 571-241O - FAX 11/16/2005 Johnson, Sandy M From: Johnson, Sandy M Sent: Wednesday, November 16, 2005 9:10 AM To: 'sklineman@msn.com' Mr. Klineman, I still had not received any of the paperwork that you promised me on the Westfield/96th Street Project. I need this information to review with Diana Cordray and determine if we are responsible for the property taxes. These taxes were due on November 10, 2005. Please let me know when I will receive all the information. If you have any questions, please contact me at the phone number listed below. Thank you. SANDY JOHNSON ASSET MANAGER CITY OF CARMEL OFFICE OF THE CLERK TREASURER 3 17 571-2628 - OFFICE 317 57 1-2410 - FAX Johnson, Sandy M From: Stohler, Judy L Sent: Monday, February 06, 2006 1:48 PM To: Johnson, Sandy M Cc: 'Parks, Craig';' sklineman@msn.com' Subject: RE: Sean Angle Taxes (Westfield Blvd) Sandy, this morning Craig Parks said that Sean Angle, former Westfield Blvd property owner, had received a delinquent tax notification from the County on the property purchased from him by the City for the Westfield/96th project. Can you please check your records from last year to see the status of tax payments for the Westfield properties? I think that Craig Parks or Steve Klineman needs to get in touch with Sean Angle to advise him what to do about the delinquency notice. You will see Craig's and Steve's email addresses in the trail below. Please let me know if there is some way I can help. Thanks a lot. Judy Original Message From: Parks, Craig [mailto:CParks@amercons.com] Sent: Monday, February 06, 2006 12:45 PM To: Stohler, Judy L Subject: FW: Sean Angle Taxes (Westfield Blvd) From: Steve Klineman [mailto:sklineman@msn.com] Sent: Monday, February 06, 2006 11:53 AM To: Parks, Craig Subject: RE: Sean Angle Taxes (Westfield Blvd) Craig: Mr. Angle faxed me what he received. It was a Delinquent Real Property Courtesy Letter that shows a delinquency of $408. It refers, I believe, only to the payable Spring 05 installment. Of course, if Spring is unpaid, then Fall is likely unpaid as well. Original Message From: Parks, Craig [mailto:CParks@amercons.com] Sent: Monday, February 06, 2006 10:51 AM To: sklineman@msn.com Subject: FW: Sean Angle Taxes (Westfield Blvd) 2/6/2006