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Home My WebLink About116th - James Tanton - Order of APpropriationSTATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) CITY OF CARMEL, INDIANA, Plaintiff, v. JAMES A. TANTON, et al. Defendants. -a rce IN THE HAMILTON SUPERIOR COURT NO 1 CAUSE NO. 29D01 -0201 -PL -0050 FILED JUN 2 6 2002 CS CLERK OOF THE-' HAMILTON SUPERIOR COURT ORDER OF APPROPRIATION The Clerk of the Court, having certified pursuant to I.C. 32-11-1-7 that Plaintiff City of Carmel has deposited with such Clerk a sum of money equal to (a) the amount determined by the Court -Appointed Appraisers to be due the Defendants named herein plus (b) the amount of such Appraisers' fee for performing such appraisals, the Court now orders that the real estate owned by the Defendants described on the attached EXHIBIT A, incorporated herein by this reference and needed by Plaintiff for the purpose of enlarging the right of way of 116th Street, is hereby condemned and appropriated to Plaintiff. The Auditor of Hamilton County, Indiana, is hereby ordered to transfer the Real Estate on the tax records of such County to Plaintiff. The Clerk is hereby ordered to pay the fees of the three Court Appointed Appraisers, each such Appraiser to receive $750 from the amount paid to the Clerk by Plaintiff. The Appraisers and their mailing addresses are: 6 le 6,3 Gordon Resler 1895 Conner Street Noblesville, IN 46060 Marshall Andich P.O. Box 494 Carmel, IN 46082 Dale Snelling 1236 Conner Street Noblesville, IN 46060. SO ORDERED THIS 29 DAY OF , 2002. ,2—,Rmis,.._t_ JUDGE HAMILTON COUNTY SUPERIOR COURT 1 • Distribution: 0.obin Mills /Hamilton County Auditor Government and Judicial Center 188 One Hamilton County Square Noblesville, IN 46060 a$, James A. Tanton 1815 East 116t Street Carmel, IN 46032 Angela D. Tanton 234 West Madison Tipton, IN 46072 John J. Fihe, Esq. — 1923 West Fourth Street D•. P.O. Box 1252 ��'/a7/03 "'' Marion, IN 46952 GE Capital Mortgage Services c/o CT Corporation System 36 S. Pennsylvania St., Suite 700 Indianapolis, IN 46204 Harry C. Elliott / 620 Rangeline Road Carmel, IN 46032 Joseph Barnett, CEO Bank One Indiana, NA Y 111 Monument Circle Suite INI-0481 Indianapolis, IN 46277 Sean Fleck, Esq. Holt, Fleck & Romine 83 South 9th Street Noblesville, IN 46060 Daniel P. Miller, Esq. Deputy Attorney General Office of the Attorney General Indiana Govt. Ctr. So., 5`h Floor 402 West Washington St. Indianapolis, IN 46204-2794 Kenneth L. Miller, Commissioner Indiana Department of Revenue Indiana Government Center No., Room N248 100 North Senate Avenue Indianapolis, IN 46204 Doug Williamson j1424 Douglas Drive Carmel, IN 46033 Banc One Wisconsin c/o Richard Tetrick 111 Monument Circle Suite 1911 Indianapolis, IN 46277 Hahn Surveying Group, Inc. c/o Rick O'Brien 2850 East 96th St. Indianapolis, IN 46240 Maureen T. Owen, Esq. /Statewide Credit Agency, Inc. 101 West Ohio St., 21St Floor Indianapolis, IN 46204 Douglas C. Haney, Esq. City Attorney City of Carmel One Civic Square Carmel, IN 46032 Robert A. Hicks, Esq. /Hall, Render, Killian, Heath & Lyman, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, IN 46282 04300rah.doc(mkj) 4 EXHIBIT A • The portion of the Real Estate which Plaintiff needs permanently for the Project and is seeking to take, condemn and appropriate fee simple title to is legally described as follows: A part of Lot 16 in Woodland Golf Club Subdivision in the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, the plat of which is recorded as Deed Record 136, pages 545 and 546 in the office of the Recorder of Hamilton County, Indiana, and being that part of Tanton's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked "Attachment 1" described as follows: Commencing at the northwest corner of Lot 16 and the point of beginning of this description: thence S 89° 53' 03" E (all bearings based on bearing system for Project No. STP -B886 ( ) for City of Carmel), 38.100 meters (125.00 feet) along the north line of Lot 16 to the east line of Lot 16; thence S 0° 06' 57" W, 11.904 meters (39.06 feet) along the said east line to a point on right of way for Project No. STP -B886 ( ); thence N 89° 53' 03" W, 38.100 meters (125.00 feet) along said right of way to the west line of Lot 16; thence N 0° 06' 57" E, 11.904 meters (39.06 feet) along said west line to the point of beginning of this description, containing 0.0454 hectare (0.112 acre) more or less. • The specific terms and provisions of the temporary construction easement which Plaintiff needs for the Project are attached hereto as "Attachment 2." The Real Estate which Plaintiff is seeking to take, condemn and appropriate a temporary construction easement on, in, over, under and across is described as follows: A part of Lot 16 in Woodland Golf Club Subdivision in the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, the plat of which is recorded as Deed Record 136, pages 545 and 546 in the office of the Recorder of Hamilton County, Indiana, described as follows: Commencing at the northwest corner of Lot 16, thence S 0° 06' 57" W (all bearings based on bearing system for Project No. STP -B886 ( ) for City of Carmel) 11.904 meters (39.06 feet) along the west line of Lot 16 to a point on right of way for Project No. STP -B886 ( ) and the point of beginning of this description; thence S 89° 53' 03" E, 6.562 meters (21.53 feet) along said right of way to a point on temporary right of way for Project No. STP -8886 ( ); thence. S 0° 06' 57" W, 5.000 meters (16.40 feet) along the said temporary right of way; thence N 89° 53' 03" W, 6.562 meters (21.53 feet) along said temporary right of way to the west line of Lot 16; thence N 0° 06' 57" E, 5.000 meters (16.40 feet) along said west line to the point of beginning of this description, containing 0.0033 hectare (0.008 acre) more or less. 04360rah.doc(mkj) Attachment 1 ENGINEER'S SKETCH SHOWING PROPOSED ACQUISITION PARCEL 9 COOS: PROJECT N0. SIP -006G( I ROAD: 116(h STREET cOJN TT: IwJETon SECTION: 6 TOWNS*Ip: 17 N- RAYCE:4 E RIGHT-OF-WAY PARCEL PLAT PREPARED FOR QTY OF CNiuEL OY STEPIEN J.QIQSTVN G ASSOCIATES, P.C. O MER: JAMES A TM TON ANGELA 0. T.W10N INSTRUMENT Nq: 9406056 0ATE0: 2-17-94 DRAWN: A EDWARDS OAT& 1-N-01 Q IEQ(E0: s- Q fUSNAN OAIE: I-22-01 NOTES: STADDNS L 01-F5ETS CONTROL OYER 80111 NORTH EAST COO107I1A1ES MD BEARNCS OtSTA/C=5. =SEE LOCATICt CONTROL ROUTE SURVEY PLAT. SURVEYOR'S STATEMENT TO THE BEST OF MY KNOWLEDGE ANO BELIEF; THIS PLAT, TOCET.EIER WITH IE LOCATION CONTROL ROUTE SURVEY PLAT RECORDCO AS INSTRUMENT 200000061076 �AND LE CE o TIC REOOROER OF IINALTON. cowry. tecoNA (INCORPORATED co.6Yt($E A ROUTE SURVEY.ExECULEO N (ERE OF BY REFERENcti nti ADIJUSTRAfIYE COOC 865 IAC T-12 (nut( Q1. Accorti)AR� rant 9101A'N 2-6-01 -_, STEPHEN J. CHRISTIAN GATE REGISTERED L.Y(0 SURVEYOR N0. 890001 STATE OF OQWIA 9302 Noll: Meifon SI.. Suite 349 incknopo6s, 4i 46240 13171 566-0628 Fon (3171 566-0633 sjcessocciMyncl 0 Attachment 1 DETAIL OF PROPOSED ACQUISITION M agi: went 2 TERMS OF TEMPORARY CONSTRUCTION EASEMENT 1. Tem ora iy Rights Aatuircd by Citr ntiff shall the exclusive right to utilize the Temporary Construction Easement Carmel. fob all purposes trurinthe term oflel tedlto thelaico tstruc ionlof e the Project, including, but not limited to the storing of Plaintiffs equipment and the staging of the construction of• the Project. Upon the completion of the Project, such Temporary Construction Easement shall terminate and Plainti fr shall return the Temporary Construction Easement parcel in substantially the same condition as existed prior to the commencement of the Project. �- Rights Retained by Owner. The owner of the Real Estate "O grantees, heirs, successors and assigns, and others to whom Owner may grant rights orleasements,. l eall retain untorright to used the Temporary Construction.Easement parcel -for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Plaintiff, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Plaintiff as part of the Project Owner and its grantees, heirs, successors and assigns shall retain.the right of access over and across the Temporary Construction Easement parcel to and from the public fight -0f --way to real estate owned by Owner adjacent to the Temporary Construction Easement parcel via Owner's existing driveway or any future driveway. 3. Easement and Covenants A urtenant. The easements created and made herein, together with the benefits thereof, shall run with the Real Estate and inure to the benefit of Plaintiff and its grantees, successors and assigns. The easements granted, created and made herein, together with the burdens thereof, shall run with and bind the Real Estate, and shall bind Owner and its grantees, successors and assigns. All covenants and agreements of the Owner and Plaintiff hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Real Estate and the Temporary Construction Easement parcel, as applicable, shall run with the Real -Estate and the Temporary Construction-Easementparcel ----_. and shall inure to the•benefrt of and be binding upon Owner and Plaintiff, as applicable, and their respective grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy. (Nos7rali 01/24102