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Home My WebLink AboutCool Creek Trails - Danbury Estates Settlement BOSE Alan S. Townsend MC1�.L �1 �.0 l K vlvt{ y Suite 2700 11 I Monument Circle & E, ANS ITP 1� Indianapolis,IN 46204 �' v Direct Dial:(31 7)684-5225 Fax: (317)223-0225 ATTORNEYS AT LAW E-Mail: ATownsend@boselaw.com August 25, 2009 Via Electronic Mail Only Scott P. Wyatt CAMPBELL KYLE PROFIT LLP 11595 North Meridian Street Carmel, IN 46032 Re: City of Cannel v. Danbury Estates Homeowners Association,Inc. Hamilton Superior Court, Cause No. 29D01-0907-PL-00876 Dear Scott: I am writing to confirm our conversation of earlier today in which we agreed to resolve the above-referenced matter in its entirety. Specifically, the City of Carmel ("Carmel") has agreed to pay Danbury Estates Homeowners Association, Inc. ("Danbury Estates") $80,000.00 for fee simple title to the 1.492 acres necessary to construct and maintain Cool Creek Trail North. As part of this agreement, Danbury Estates shall donate all of its property located between Cool Creek Trail North and Cool Creek to Carmel at no cost. Also as part of this agreement, Danbury Estates shall execute a Right of Entry so Carmel can have access to the 1.492 acres just as soon as possible in order to facilitate construction of Cool Creek Trail North. The Right of Entry is attached hereto. • If you have any questions, please do not hesitate to phone. Otherwise, I will notify the Court that tomorrow's hearing is unnecessary. Thanks in advance for your cooperation. Sincerely, Alan S. Townsend AST/dlw Enclosures cc: Mike McBride(with enclosure) David Littlejohn(with enclosure) 1484363;8824-I19 11 I Monument Circle,Swle 2700 ! Indianapolis, Indiana 46204 Main Telephone:317-684-5000 Main Fax:317-684-8173 www.hosei;lw.com CLOSING STATEMENT Seller: DANBURY ESTATES HOMEOWNERS ASSOCIATION, INC. Buyer: CITY OF CARMEL Property: Approximately 1.492 acres in Carmel, Hamilton County, Indiana, as shown on Exhibit A and Exhibit B attached hereto Closing Date: , 2010 Purchase Price: $ 80,000.00 Expenses: Recording Fee POC by Buyer Transfer Fee POC by Buyer Balance Due to Seller at Closing: S80_0_00.00 BUYER: SELLER: CITY OF CARMEL DANBURY ESTATES HOMEOWNERS ASSOCIATION, INC. �;s By: By1 < Jti • Printed: Printed X76 c :C Title: Title: _D(.J.tx; Associated Right-off Way Set'ices, Inc. TO: Jill Newport FROM: Allen D. McFearin RE: Project: Cool Creek Trail Parcel: 8 • Owner: Danbury Estates Homeowners Association, Inc. • DATE: June 3. 2010 The above parcel is secured and ready for processing for payment. The Uniform Property or Easement Acquisition Offer to acquire a perpetual easement of 1.492 acres was made by certified mail on October 7, 2008. A copy of the offer and the receipt of the certified mail are enclosed. We were not able to negotiate the acceptance of the offer and the parcel was forwarded for condemnation. (City of Cannel v. Danbury Estates Homeowners Association, Inc., Hamilton County Superior Court, Cause No. 29D01-0907-PL-00876). The parties to the litigation reached a settlement agreement which is described in the August 25, 2009 letter from Alan S. Townsend to Scott P. Wyatt. A copy is enclosed. In brief and in part, the agreement called for the City of Carmel to pay Danbury Estates Homeowners Association, Inc. the sum of$80,000.00 for the fee simple title to 1.492 acres. Additionally, Danbury Estates Homeowners Association, Inc. would donate all of its property located between Cool Creek Trail North and Cool Creek to the City of Carmel at no cost. The following documents are enclosed for the 1.492 acre parcel: Corporate Warranty Deed (original) Vendor's Affidavit (original) Closing Statement(original) W-9 Form (original) Sales Disclosure Form (original) The following documents are enclosed for the donation acre parcel: Corporate Warranty Deed (original) Vendors Affidavit (original) Closing Statement (original) Sales Disclosure Form (original) Donation Agreement (original) I.1 I N. Arline[on Ave.. Suite 209 * Indiananolis.lndiana 46219 (317)322-0489 FAX: (317)322-0589 The check should be made out to Danbury Estates Homeowners Association. Inc. When the check is issued. please have it delivered to Tammy Haney, Bose McKinney & Evans LI.P. Suite 2700. I 1 I Monument Circle, Indianapolis. IN 46204. II you need additional information. please let me know. xc with enclosures: .1. Deahl c`'� -s 7 . T,t h 'H-�f�'- .3'2�M.4 mai W 111 770%;..k 4 C ITYTh,TOF MEL JAMES BRAIN:Uf), ibIAYan UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER DATE: October 5, 2008 Danbury Estates I-Iomeowners PROJECT: Cool Creek North trail Association, Inc. PARCEL: 8 c/o Emily Miller PERPETUAL EASEMENT: 1.492 acres 1950 Greyhound Pass E#18-343 Carmel, IN 46033 The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your property or an easement across your property for certain. The City of Carmel needs an easement across your property for a public improvement. In this instance, the City of Cannel needs an easement across your property for the public improvement project Cool Creek North and needs to take the perpetual easement as described on the attached land plat and legal description. See Exhibit A and Exhibit B. It is our opinion that the fair market value of the easement we want to acquire from you is 514.200 and, therefore, we offer you 524.200.00 for the above-described 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 appropriate instruments, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received your payment in full. I " -;17 C-11.'H-11 F;A 2:3') I 112 CJI �� .n 1,111111,_Uu, ui <<��x� ruin 01119 __ you do 0. have to accent this oiler and the City of Cannel is not required to agree to your demands. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of an easement, the City of Cannel has the right to file suit to condemn and acquire the easement in the county in which the real estate is located. 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 acquire an easement; and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the 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 easement condemned. 8. If the court appraisers'report is not accepted by either of us,then the City of Cannel has the legal option of depositing the amount of the court appraisers'evaluation with the court. And if such a deposit is made with the court,the City of Carmel is legally entitled to immediate possession of the 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 fmal judgment awarded 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 value of the property. 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 this notice. 10. If you have any questions concerning this matter,you may contact Associated Right of Way Services at 1317 N. Arlington Avenue, Suite 209, Indianapolis,Indiana, 46219, or telephone 322-0489. in care oilEmil). Miller On ilk. day of . 2008. BY: a-1'j Allen D. McFearin Acquisition Specialist Agent, City of Cannel. ndiana Offer made by certified mail: 7007 2680 0002 2729 5216