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Home My WebLink About116th - Wayne ROland - Order of AppropriationSTATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) CITY OF CARMEL, INDIANA, Plaintiff, v. WAYNE M. ROLAND, et al. Defendants. vjgo 61511 IN THE HAMILTON SUPERIOR COURT NO 1 CAUSE NO. 29D01 -0204 -PL -253 ORDER OF APPROPRIATION FILED JUL 1 5 2002 4i Alliaiaarqd AIfEPIOfl COURT 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: Gordon Resler 1895 Conner Street Noblesville, IN 46060 0 Brian Ayer 77 S. 9th Street Noblesville, IN 46060 Dale Snelling 1236 Conner Street Noblesville, IN 46060. SO ORDERED THIS 15 DAY OF Distribution: R in Mills cAamilton County Auditor Government and Judicial Center 188 One Hamilton County Square Noblesville, IN 46060 ./Wayne M. Roland 3 Woodland Drive Carmel, IN 46032 J Danette M. Roland 3 Woodland Drive Carmel, IN 46032 Greg Easter, Esq. Theresa M. Silver, Esq. Easter & Cavosie 8440 Woodfield Crossing Blvd. Suite 170 Indianapolis, IN 46240 Countrywide Home Loans, Inc. c/o Unterberg & Associates, P.C. Attn: David M. Bengs, Esq. 8050 Cleveland Place Merrillville, IN 46410 04307rah.doc(mkj) 200\ JUDGE HAMILTON COUNTY SUPERIOR COURT 1 2 Kenneth L. Miller, Commissioner / Indiana Department of Revenue Indiana Govt. Center No., Room N248 100 North Senate Avenue Indianapolis, IN 46204 teve Carter, Esq. Daniel P. Miller, Esq. Office of the Attorney General Indiana Govt. Center So., Fifth Floor Indianapolis, IN 46204-2770 Douglas C. Haney, Esq. /City Attorney City of Carmel One Civic Square Carmel, IN 46032 Robert A. Hicks, Esq. H ll, Render, Killian, Heath & Lyman, .S.C. One American Square, Suite 2000 Box 82064 Indianapolis, IN 46282 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 the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, and a part of Lot 1 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 the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, mffked "Attachment 1" described as follows: Commencing at the Northwest corner of said section, thence S 89° 53' 03" E (all bearings based on bearing system for Project No. STP -B886 ( ) for City of Carmel), 173.736 meters (570.00 feet) along the north line of said section; thence S 0° 49' 12" W, 6.096 meters (20.00 feet) to the Northwest corner of Lot 1; thence S 89° 53' 03" E, 29.032 meters (95.25 feet) along the north line of Lot 1 to the point of beginning of this description; thence continuing S 89° 53' 03" E, 24.067 meters (78.96 feet, 78.17 feet deduced from subdivision plat) along said north line to the Northeast corner of Lot 1; thence S 11° 34' 03" E, 12.871 meters (42.23 feet) along the east line of Lot 1 to a point on the right of way for Project No. STP -B886 ( ) for City of Carmel; thence N 50° 12' 16" W, 8.144 meters (26.72 feet) along said right of way; thence N 86° 58' 02" W, 55.662 meters (182.62 feet) along said right of way to the northwest corner of the grantor's land; thence S 89° 53' 03" E, 35.184 meters (115.43 feet) along the north line of the grantor's land; thence N 0° 06' 57" E, 4.572 meters (15.00 feet) along a line of the grantor's land to the point of beginning of this description, containing 0.0218 hectare (0.054 acre) more or less. Page 1 of 2 EXHIBIT A 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: 04373rah.doc(mkj) A part of Lot 1 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 described as follows: Commetrcing at the northwest corner of Lot 1, thence S 89° 53' 03" E (all bearings based on bearing system for Project No. STP -B886 ( ) for City of Carmel) 53.099 meters (174.21 feet, 173.42 feet deduced from subdivision plat) along the north line of Lot 1 to the northeast corner of Lot 1; thence S 11° 34' 03" E, 12.871 meters (42.23 feet) along the East line of Lot 1 to the point of beginning of this description; thence continuing S 11° 34' 03" E, 8.878 meters (29.13 feet) along said east line to a point on temporary right of way for Project No. STP -B886 ( ); thence S 78° 25' 57" W, 4.969 meters (16.30 feet) along said temporary right of way, thence N 11° 30' 10" W, 10.924 meters (35.84 feet) along said temporary right of way; thence N 78° 25' 57" E, 3.321 meters (10.90 feet) along said temporary right of way to a point on the right of way for Project No. STP -B886 ( ); thence S 50° 12' 16" E, 2.619 meters (8.59 feet) along said right of way to the point of beginning of this description, containing 0.0053 hectare (0.013 acres) more or less. Page 2 of 2 Attachment 1 ENGINEER'S SKETCH SHOWING PROPOSED ACQUISITION PARCEL 4 CODE: PROJECT N0. STP -8606( ROAD: 1161h STREET COUNTY: HAMLTON SECTION: 6 TOWNSHIP: 17 N. RANCE: 4 E. 0 RIGHT-OF-WAY PARCEL PLAT PREPARED FOR CITY OF CARMEL BY STEPHEN J. CHRISTIAN & ASSOCIATES, P.C. OWNER: WAYNE M. ROLLAND INSTRUMENT NO.: 9709740277 DATED: 9-23-97 LINE *A' & ¢ 116th STREET P.O.B. 20.0 1 0 0 150.0' 4 PART OF SECTION 6. TOWNSHIP IT N:, RANCE 4 E. 200.0' 95.25' 115.43' EXCEPTION 0 173.42 LOT 1 115' Page 1 of 2 0 0 Zv 0 DRAWN: A. EDWARDS DATE: 2-21-01 CHECKED: S. SUMMERLOT DATE: 2-26-01 5m IOm 20m 40 HATCFED MEA IS TIE APPROXMATE TAKING iCSTEPIIEN J. CHRISTIAN � ASSOCIATES, P. C.J 9302 North Meridian SI., Suile 349 Indianapolis, In 46260 1317) 566-0629 Fax: 1317) 566-0633 Email sIcassoc@indy.nel Attachment 1 PARCEL SKETCH SHOWING SETBACK BEFORE & AFTER Existing R/W Line 113.43' Propoecd R/W Llnc 771A4' rn N Pool Dullding L .l 102.40 Aoplialt Drlvo wood tree Wood Fence Page 2 of 2 Propoecd Permanent Acquisition a c>i .s Propoecd Temp R/W w 1La Attachment 2 TERMS OF TEMPORARY CONSTRUCTION EASEMENT 1. Temporary Rights Acquired by City of Carmel. During the term of the Project, Plaintiff shall have the exclusive right to utilize the Temporary Construction Fasement for all purposes related to the construction of 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 Plaintiff shall return the Temporary Construction Easement parcel in substantially the same condition as existed prior to the commencement of the Project. 2. Rights Retained by Owner. The owner of the Real Estate ("Owner") shallretain unto itself, and its grantees, heirs, successors and assigns, and others to whom Owner may grant rights or easements, the right to use the Temporary Construction Fasement 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 right-of-way to real estate owned by Owner adjacent to the Temporary Construction Fasement parcel via Owner's existing driveway or any future driveway. 3. Easement and Covenants Appurtenant. 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 Coristruction Easement parcel, as applicable, shall run with the Real Estate and theTemporary Construction Easement parcel, and shall inure to the benefit 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. 04057rah