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HomeMy WebLinkAbout258219 05/04/16 ?`%'E,p\ CITY OF CARMEL, INDIANA VENDOR: 370557 ONE CIVIC SQUARE MIKE'S NO. 29 LLC CHECK AMOUNT: $****19,250.00' :? ?� CARMEL, INDIANA 46032 10251 HAGUE ROAD CHECK NUMBER: 258219 9''�rtiN INDIANAPOLIS IN 46256 CHECK DATE: . 05/04/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 202 4460500 1296021 19,250.00 RIGHTS-OF-WAYS VOUCHER NO. WARRANT NO. ALLOWED 20 MIKE'S NO. 29 LLC 10251 HAGUE ROAD IN SUM OF$ INDIANAPOLIS, IN 46256 $19,250.00 ON ACCOUNT OF APPROPRIATION FOR Engineering PO#/Dept. INVOICE NO. I ACCT#/Fund AMOUNT Board Members 0 I 44-605.00 I $19,250.00 1 hereby certify that the attached invoice(s), or zoz 202 bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 16 Cost distribution ledger classification if Lu s1 claim paid motor vehicle highway fund 3rescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL 4n invoice or bill to be properly itemized must show: kind of service,where performed,dates service rendered, by Nhom, rates per day, number of hours, rate per hour, number of units, price per unit,etc. Payee Purchase Order No. Terms Date Due Invoice Date Invoice# Description Amount Dept. Fund# (or note attached invoice(s)or bill(s)) 04/28/16 0 Land Acquisition-Rangeline Road and Carmel Drive Parcel 1 $19,250.00 202 202 1 hereby certify that the attached invoice(s),or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Clerk-Treasurer Approved by the State Board of Accounts Town Form No.39(Revised 1995) Voucher Number Warrant Number ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL INDIANA 46074 An invoice or bill to be properly itemized must show kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit,etc. Vendor No. Project Number r2 9 fP O'21 Purchase Order No: Terms: Month of 2015 Date Due: Invoice Appropriation Invoice Description Amount Date Number(s) Number or note attached invoice(s)or bill(s)] Land Acquisition Carmel Drive& $19,250.00 Rangeline Road Roundabout Parcel 1 Mike's No.29, LLC 10251 Hague Rd. Indianapolis, IN 46256 TOTAL$ $19,250.00 I hereby certify that the attached invoice(s)or bill(s)is(are)true and correct and that the materials or seNices itemized thereon for Which a charge is mao were order and received except: ilRE61 J.Dahm,,Chief Executive Officer of Crew Carwash In.and Manager of the LLC 03173 Date Title 07/2013 STATEMENT OF THE BASIS FOR JUST COMPENSATION 1. This is a written statement of, and summary of the basis for, the establishment of the amount believed to be, through a valuation process, just compensation for the purchase of this right-of-way for highway purposes. The amount set forth in Item 5 below is not less than the approved estimate of value, In accordance with Public Law as amended, the "Uniform Act", and as codified in Indiana at IC 8-23-17-1 through 8-23-17-35, this value disregards any decrease or increase In fair market value of the property prior to the date of valuation caused by the public Improvement for which the property is acquired other than physical deterioration within reasonable control of the owner. 2. The legal description of this acquisition is set forth in the Instrument of conveyance in the following identified parcel and this acquisition is identified in the Acquiring Agency's records as: Des#: 1296021 Parcel: I Road: ST 1001 County: Hamilton Owner(s): Mikes No 29 LLC 3.The area and type of interest being acquired: .039 AC Temporary Right of Way The amount in Item 5 below includes payment for the purchase of all Interests in the real property and no separately held interest is being acquired separately in whole or part,except as maybe explained in Item 8 below, 4.This acquisition is(Check one): 0 a A total acquisition of the real property. b.A partial acquisition of the real property 5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real property Is as follows: a.Total Land,Land Improvements and Buildings $3,100.00 b.Perpetual Easement $0.00 ca.Severance Damages(i.e.:Setback,Loss in Value $0.00 to the Residues,etc.) d.Other damages(itemize)Cost to Cure estimates: cuts Irrigation $3,900.00 Total Damages $3,900.00 Temporary RAN $10,150.00 Total amount believed to be Just Compensation offered for this acquisition Is, $17,160.00 s.The amount In Item 5 above may include payment for the purchase of certain buildings and improvements and their ownership shall pass to the Acquiring Agency.These buildings and Improvements are Identified as follows: None 7.The amount In[tern 6 above may include payment for the purchase of certain Land Improvements,Fixtures,Equipment,Machinery, Signs,Etc.,and their ownership shall pass to the Acquiring Agency.These Items are Identified as follows: - Lawn, tress—landscaping, shrubs, SLecorative rocks and--other ILems. Slanage to the area -wtH be marked.-".do not dlsiturb'" on th encilneerinci plans.Irrigation that isaffegled will be replaced after construction. 8.Items owned by others(i.e.:lessee,tenants,etc.)included in Item 5 above are identified as follows: None 9.Remarks: None Carmel Approval Reviewer Signature: Signature: Name Printed: cl Name Printed: Bruce Grimes Title' License: C Cr, 6 1?1 00 ;2-!Z Date: —av 6p-�/ Company: Grimes Appraisal Service Date: 90 2 S CI L JAMES BRmNARD, MAYOR UNIFORM EASEMENT ACQUISITION OFFER PROJECT: 1296021 PARCEL: 1 CODE: n/a ROAD: Rangeline Road/Carmel Drive COUNTY: HAMILTON TO: William J.Dahm,Chief Executive Officer of Crew Carwash In.and Manager of the LLC Mike's No.29,LLC 10251 Hague Rd Indianapolis,Indiana 46256 The City of Carmel, Indiana, acting by and through the Department of Engineering is authorized by Indiana law to obtain your property or an easement across your property,for certain public purposes. The Department of Engineering needs a portion of your property for a public highway improvement known as project number 1296021 and as the Rangeline Road/Carmel Drive Project, and needs to take the property as described on the attached legal description. It is our opinion that the fair market value of the property we want to acquire from you is $17,150.00, and, therefore, the Department of Engineering offers you $17,150.00 for the above described portion of your property.You have thirty(30)days from this date to accept or reject this offer. If you accept this offer,you may expect payment in full within ninety(90)days after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required thirty(30) days after you have received your payment in full. Page 2 Proj ect: 1296021 Code N/A Parcel: 1 Here is a brief summary of your options and legally protected rights: 1. By law,the Department of Engineering is required to make a good faith effort to purchase YOUR PROPERTY. 2. You do not have to accept this offer and the Department of Engineering 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 YOUR PROPERTY,the Department of Engineering has the right to file suit to condemn, and acquire the PROPERTY 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 Department of Engineering files a suit to condemn and acquire YOUR PROPERTY and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the PROPERTY 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 PROPERTY that is being condemned. 8. If the court appraisers' report is not accepted by either of us, then the Department of Engineering has the legal option of depositing the amount of the court appraisers' evaluation with the court. If such a deposit is made with the court, the Department of Engineering is legally entitled to immediate possession of the PROPERTY. You may, subject to the approval of the court, make withdrawals from the amount deposited with 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. Page 3 Project: 1296021 Code N/A Parcel: 1 9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the property or casement. 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. If you have any questions concerning this matter,you may contact us at: Debra Taylor CPS Acquisitions,LLC 3211Annally Dr. Carmel,IN 46032-9650 Office Phone: 317.802.9497 Mobile Phone: 317.523.9057 Fax: 317.663.3233 This offer was presented in a personal meeting to owner(s): Justin Furr,Real Estate and Director of Purchasing of Marion County,Indiana on 2/3/2016 By: (S n tore Debra Taylor,Land Agent (Printed Name and Title) Agent of: Department of Engineering Page 4 Project: 1296021 Code N/A Parcel: 1 If you decide to accept the offer of $17,150.00 made by the Indiana Department of Transportation, sign your name below and mail this form to the address indicated above. ACCEPTANCE OF OFFER I (We), Mike's No. 29, LLC owner(s) of the above described property or interest in property,hereby accept the offer of$17,150.00** made by the City of Carmel,Indiana on this_ day of , 20_. *Initial Offer $ 17,150.00 Administrative Settlement $ 2,100.00 less Retentions $ 0.00 Settlement $ 19,250.00 Mike's No. 29, LLC William J.Dahm,Chief Executive Officer of Crew Carwash In.and Manager of the LLC NOTARY'S CERTIFICATE STATE OF ) SS: COUNTY OF ) Subscribed and sworn to before me this day of , 20 My commission expires: My county of residence is: (Signature) (Printed) Notary Public . Exhibit "A" Sheet lof1 Project: 1296021 . Parcel: lTemporary Right ofWay for-Drive Construction (T-1) Tax Id. No. 29-09'36-402-006.000-018 Part of the Northeast Quarter and the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast Corner of said Southeast-Quarter designated as point "207"on the Location Control Route Survey plat recorded as Instrument Number 2015'042394 in the office of Recorder of said County;thence South 00 degrees 50 minutes 59 seconds East a distance of 1,138.15 feet, along the east line of said quarter section, to a prolonged north line ofthe grantor's land; thence South 89 degrees 09 minutes 01 second West a distance of45.00feet, along said north line ' prolonged, to the western boundary of Rangdine Road and the point of beginning of this description; thence South OO degrees SO'mn\nutes 59 seconds East distance of 116.16 feet along said western boundary; thence South 89 degrees 09 minutes 01 second West a distance of1l.00feet;thence North OO degrees 50 minutes 59seconds West a distance of 116.16 feet to the north Una ofthe grantor's land; thence North B9degrees O9minutes 01socond East distance of1l.00feet, along said grantor's north line, to the point of beginning and containing 0.029 acres, more or less. ^ This description was prepared for the City of Carmel, Indiana, by Trent E. Newport, Indiana Registered Land Surveyor, License Number I96OOOZl,onthe :L;2_6`day of October 2015. ! Trent E. Newport N o. 29600021 Indiana Land Surveyor No. LS28GOOO2lSTATE F ' ^ � Exhibit "'A° Sheet 1ofZ Project: 1296021 Parcel: 1ATemporary Ri0htofWay for Drive Construction k-1\ Tax Id. No. 29-09-36-402-006.000'018 Part of the Northeast Quarter and the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast Corner of said Southeast Quarter designated as point "207"on the Location Control Route Survey plat recorded as instrument Number 2015-042394 in the office of Recorder of said County; thence South OO degrees 50 minutes 59 seconds East a distance of 938.15 feet along ' the east line of said quarter section,to the prolong southern boundary of Carmel Drive;thence South 88 degrees 08 minutes Ol second West a distance of 235.00 feet along said southern boundary prolonged, to the prolonged east line of the grantors land; thence South 00 degrees 50 minutes 59 seconds East a distance of5.00feet, along said grantors east line prolonged,to the southern boundary of Carmel Drive;thence South 89 degrees 09 minutes 01 second West a distance of 76.00 feet, along said southern boundary, to the point of beginning of this description; thence North 89 degrees 09 minutes 01 second East a distance of 89'12 feet; thence South 00 degrees 50 minutes 59 seconds East o distance ofS.29feet; thence South 89 degrees 47 minutes 34 seconds West a distance of 89.18 feet to the west line of the grantor's | land; thence North OO degrees 05 minutes 49 se�ond� West a distance of 4.29 feet along said i / vvest line, to the southern boundary of Carmel Drive, along said southern boundary, to the point ofbeginning and containing 0.0lOacres, more nrless. ' Exhibit "A" Sheet 2 of 2 Project: 1296021 Parcel: 1A Temporary Right of Way for Drive Construction (T-1) Tax Id. No. .29-09-36-402-006.000-018 This description was prepared for the City of Carmel, Indiana, by Trent E. Newport, Indiana Registered Land Surveyor, License Number 29600021,on the 12tk day of QCtobey• 2015. S TER 0�� Trent E. Newport IJo. 29600021 Indiana Land Surveyor STATE OF No. LS 29600021 \�\! 10 S U R i i Page 4 Project: 1296021 Code N/A Parcel: 1 If you decide to accept the offer of $17,150.00 made by the Indiana Department of Transportation, sign your name below and mail this form to the address indicated above. ACCEPTANCE OF OFFER I (We), Mike's No. 29, LLC owner(s) of the above described property or interest in property,hereby accept the offer of$17,150.00** made by the City of Carmel,Indiana on this_ 23 day of NIQIr b ,20110. *Initial Offer $ 17,150.00 Administrative Settlement $ 2,100.00 less Retentions $ 0.00 Settlement $ 19,250.00 Mike's No.29,LLC William J.Dahm,Aeftxecutive Officer of Crew Carwash In.and Manager of the LLC NOTARY'S CERTIFICATE STATE OF l Vndiang ) ) SS: COUNTY OF MCIV 1 QV)— Subscribed and sworn to before me this a3 day ofM(X ,20 �)4 14o. My commission expires: `a-3 -o��o�� �•�`SSAT���,,� ERIN ELIZABETHOWENS oTa P. NOTARY PUBLIC STATE OF INDIANA My county of residence is: MCI"" lj IV) ;�E,.:: MARION COUNTY �'/ ,` COMM.EXPIRES 02.COMM.#879380 03-2024 lnnnn ��� (Signature) P-H VI E - o VNI VO S (Printed) Notary Public REAL ESTATE CODE n/a PCL 1 Form ■ ■■{/��//'9 Request for Taxpayer Give Form to the Depart ec Department real Identification Number and Certification requester.Do not DepartmentoftheTreasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. 2 Business name/disregarded entity name,if different from above Mike's No.29,LLC t 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities,not individuals;see O 9ndividuallsole proprietor or C Corporation S Corporation Partnership Trust/estate to � ❑ instructions on page 3): a c single member LLC 19 Exempt payee code(if any) l-7l Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► `o 2 K-i Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the linea ove or Exemption from FATCA reporting w the tax classification of the single-member owner. code(if any) LL Other(see instructions) � (Appfies fa a=unts maintatned outside theU.S.) 6 Address(number,street,and apt.or suite no.) Requester's name and address(optional) 10251 Hague Rd. Q 6 City,state,and ZIP code ' Indianapolis,IN 46256 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I Instructions on page 3.For other — — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on age 3. Sign Signature of Here U.S.person► Date► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.govlfw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),Individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number Identification number(EIN),to report on an information return the amount paid to to be Issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA cade(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct See What is FATCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat No.10231X Form W-9(Rev.12-2014 t TEMPORARY HIGHWAY EASEMENT GRANT (FOR CONSTRUCTION OF-A DRIVEWAY) Rev. Form T-1 Project: Rangeline Road/Carmel Drive Revised 2010 Des: 1296021 Parcel: 1 Page: 1 of 3 THIS INDENTURE WITNESSETH, that Mike's No. 29, LLC, the Grantors, of Marion County, State of Indiana Convey and Warrant to the CITY OF CARMEL,INDIANA,the Grantee,for and in consideration of the sum of Nine Thousand One Hundred Dollars($9,100.00)(of which said sum$5,200.00(of which said sum$0.00 represents land improvements acquired and$10,150.00 represents land temporarily encumbered and damages)and other valuable consideration,the receipt of which is hereby acknowledged,a temporary easement to enter upon and have possession of the Real Estate of the Grantor(s)for the purpose of constructing thereupon a driveway servicing to the Grantor(s)property to and from the highway facility known as Rangeline Road/Carmel Drive and as Project 1296021,which said Real Estate situated in the County of Lake, State of Indiana, and which is more particularly described in the legal description(s)attached hereto as Exhibit"A"which is incorporated herein by reference, which said temporary easement shall be extinguished,become void and revert to the Grantor(s)and/or the Grantor(s)successor(s) in title upon completion of the said Project. Said extinguishment shall be evidenced by a release document, which shall be executed and recorded by the Grantee,at no cost to the Grantor(s). The undersigned represents and warrants that he is the Manager of the Grantor; that the Grantor is a limited liability company validly existing in the State of its origin and,where required,in the State where the subject real estate is situated;that the Grantor has full company capacity to convey the real estate interest described;that pursuant to the Articles of Organization of the Grantor and the Operating Agreement of the Grantor he has full authority to execute and deliver this instrument on its behalf and that said authority has not been revolted;that he is therefore,fully authorized and empowered to convey to the State of Indiana real estate of the Grantor,and that on the date of execution of said conveyance instruments he had full authority to so act;and that all necessary company action for the malting of this conveyance has been duly taken. Interests in land acquired by the City of Cannel,Indiana Grantee mailing address: One Civic Square Carmel,Indiana 46032 I.C.8-23-7-31 e Project: Rangeline Road/Carmel Drive Des: 1296021 Parcel: 1 Page: 2 of 4 Any and all timber,shrubbery,fences, buildings and any other improvements situated within the area of the temporary easement granted herein shall become the property of the City of Hammond,Indiana except: No Exceptions Noted The said Grantor(s)aclmowledge(s)that all provisions of this grant of temporary easement are as stated and set forth herein and that no verbal agreements or promises exist with respect thereto. This temporary conveyance is subject to any and all easements,conditions and restrictions of record. However,the said Grantor(s),for the purpose of inducing the City of Hammond,Indiana to accept this grant and to pay the hereinbefore referenced consideration,represent(s)that the Grantor(s),Mike's No.29,LLC,the owner(s)in fee simple of the Real Estate and that there exist no encumbrances,conditions,restrictions,leases,liens(except current real estate taxes and assessments)of any kind or character which would be inconsistent with the temporary rights granted herein. Form T-1 Project: 1296021 Revised 07/2014 Code: n/a Parcel: 1 Page: 3 of 3 IN WITNESS WHEREOF,the said Grantor(s)have executed this instrument this 2-3 day of 20 t(D. Mike's No..29,L (Seal) Signature William J.Dahm,,Chief Executive Officer of Crew Carwash In.and Manager of the LLC Printed Name STATE OF: Ind 1 a n a SS: COUNTY OF M a S'` 0 V) Before me, a Notary Public in and for said State and County,personally appeared William J.Dahm, ,Chief Executive Officer of Crew Carwash In.and Manager of the LLC the Grantor(s)in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be his voluntary act and deed and who,being duly sworn,stated that any representations contained therein are true. Witness my hand and Notarial Seal this a3 day of ERIN ELIZABETH OWENS �(`� /�/� ,�5.••• NOTARY PUBLIC Signature !y Y11 :*.�=�Y�i•• a STATE OF INDIANA �� rA r � ;SEPI•; MARION COUNTY Printed Name COMM.# 9380 COMM.EXPIRES 02-0 9-2024 My Commission expires I am a resident of Ka�-1 wn County. Project: Rangeline Road/Carmel Drive Des: 1296021 Parcel: 1 Page: 4 of 4 This instrument prepared by_Douglas C.Haney_Associate Attorney,City of Carmel One Civic Square,Third floor Carmel, IN 46032, I affirm under the penalties for perjury that I have taken reasonable care to redact each Social Security number in this document, unless required by law. —Douglas C. Haney Exhibit "A" Sheet IofI Project: 1296021 Parcel: 1 Temporary Right of Way forDrive Construction (T-1) + Tax Id. No. 29-09-36-402-006.000-018 Part of the Northeast Quarter and the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast Corner of said Southeast Quarter designated as point "207"on the Location Control Route Survey plat recorded as Instrument Number 2015-042394 in the office of Recorder of said County;thence South 00 degrees 50 minutes 59 seconds East a distance of 1,138.15 feet, along the east line of said quarter section, to a prolonged north line of the grantor's land; thence South 89 degrees 09 minutes 01 second West a distance of 45.00 feet, along said north line prolonged, to the western boundary of Rangeline Road and'.the point of beginning of this description; thence South 00 degrees 50 minutes 59 seconds East a distance of 116.16-feet along said western boundary; thence South 89 degrees 09 minutes 01 second West a distance of 11.00 feet; thence North 00 degrees 50 minutes 59 seconds West a distance of 116.16 feet to the north line of the grantor's land; thence North 89 degrees 09 minutes 01 second East a distance of 11.00 feet, along said grantor's north line, to the point of beginning and containing 0.029 acres, more or less. This description was prepared for the City of Carmel, Indiana, by Trent E. Newport, Indiana Registered Land Surveyor, License Number 29600021, on the 12th day of QCtober 2015. Trent E. Newport Mo. 29600021 Indiana Land Surveyor { STATE OF No. LS 29600021 IND IAkk Q�L law4'D '"R�I���` Exhibit "A" Sheet 1 of 2 Project: 1296021 Parcel: 1A Temporary Right of Way for Drive Construction (T-1) Tax Id. No. 29-09-36-402-006.000-018 Part of the Northeast Quarter and the Southeast Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast Corner of said Southeast Quarter designated as point "207"on the Location Control Route Survey plat recorded as Instrument Number 2015-042394 in the office of Recorder of said County; thence South 00 degrees 50 minutes 59 seconds East a distance of 938.15 feet along the east line of said quarter section, to the prolong southern boundary of Carmel Drive; thence South 89 degrees 09 minutes 01 second West a distance of 235.00 feet, along said southern boundary prolonged, to the prolonged east line of the grantors land; thence.South 00 degrees 50 minutes 59 seconds East a distance of 5.00 feet, along said grantors east line prolonged, to the southern boundary of Carmel Drive;thence South 89 degrees 09 minutes 01 second West a distance of 76.00 feet, along said southern boundary, to the point of beginning of this description; thence North 89 degrees 09 minutes 01 second East a. distance of 89.12 feet; thence South 00 degrees 50 minutes 59 seconds East a distance of 5.29 feet; thence South 89 degrees 47 minutes 34 seconds West a distance of 89.18 feet to the west line of the grantor's land; thence North 00 degrees 05 minutes 49 seconds West a distance of 4.29 feet along said west line, to the southern boundary of Carmel Drive, along said southern boundary, to the point of beginning and containing 0.010 acres, more or less. Exhibit "A" Sheet 2 of 2 Project: 1296021 Parcel: 1A Temporary Right of Way for Drive Construction (T-1) Tax Id. No. 29-09-36-402-006.000-018 This description was prepared for the City of Carmel, Indiana, by Trent E. Newport, Indiana Registered Land Surveyor, License Number 2.9600021, on the 12tti day of Octobey. 2015. L Nr +� Trent E. Newport No. 29600021 Indiana Land Surveyor STATE of No. LS 29600021 C SND I ANP �pQ _X a EL CI J:�-Nt1:s I MIN. u).. 1VLwoj: MEMORANDUM TO: Steve Engelking Director of Administration Project: 1296021 TI-IRU: The Department of Engineering Road: Carmel Drive&Rangeline Rd County: Hamilton Code: n/a RW AGENT: Debra Taylor Parcel: I Owner(s): Mikes No.29,LLC DATE: 02/18/2016 SUBJECT: Reconurrerrclatiorr,forAdininistrativeSettle►nerzt The City's fair market value determination of$17,150.00 for 0.039 acres of perrnanentright-of-way,land improvements and cost- to-cure items was offered to the owner(s). They rejected-this offer stating that they should have an additional $2,100.00. The owners stated that the$3,100.00 for landscaping was inadequate and provided ani estimate from the landscaping company that they utilize(Wild Ridge Lawn&Landscape)for all of their company locations of$5,200.00 supporting their request for additional compensation. The City of Carmel is required to make every reasonable effort to acquire real property expeditiously by agreements with owners, and to avoid litigation and relieve congestion in the courts.Reasonable efforts to:negotiate an agreement at the appraised amount have failed. The property owner has submitted documentation supporting an additional $2.100.00 for a total payment of $19,250.00 which is an increase of 10.9%over the appraised amount. As an alternative,the condemnation process takes an average of 475 days, adds an average of 30%over the appraised value to the cost of acquisition,and will incur court costs as well.It would cost the City of Carmel approximately$10,000.00 to acquire this property through condemnation proceedings.There is also the possibility that a$25,000.00 litigation fee could be paid to the owner's attorney should they receive a favorable jury award. In the interest of expediting the acquisition and controlling costs, the City of Carmel has determined that an administrative settlement is reasonable,prudent,and in the public interest. THIS RE,COAIAIENDAT10N,,1PPROVED: Steve Engelking Director or Administration Cc:records Administrative Settlement Memo REVISEDJano-14 Ryan Peary From: Debra Taylor <DebTaylor@CPSAcquisitions.net> Sent: Tuesday, February 16, 2016 10:37 AM To: Ryan Perry;Trent Newport Subject: FW: Rangeline Rd/Carmel Drive- Crew Carwash Attachments: Crew Carwash 29 Landscape Replacement 16.pdf Ryan &Trent Please let me know your thoughts, but they are willing to sign if we cover their landscaping estimate. It is considerably more than what is in the appraisal, however this is the landscaper they use for all of their stores and they feel it is accurate. Thanks Deb From: Furr,Justin [mailto:jfurr@crewcarwash.com] Sent:Tuesday, February 16, 2016 10:20 AM To: Debra Taylor<DebTaylor@CPSAcquisitions.net> Subject: Rangeline Rd/Carmel Drive-Crew Carwash Debra, Please find the attached estimate to replace the landscaping items in question. Please also forward the plans as indicated in our meeting a few weeks back. Please update the offer with the attached and we will be in a position to get final approvals and sign off. Best Regards, Justin Furr Office: 317-558-7931 Cell: 317-431-0539 Email:ifurrta'�crewcarwash.com Crew Carwash 10251 Hague Road Indianapolis, IN 46256 Clean. Fast. Friendly ane www.crewcarwash.com From: Joe W!Idridge [mailto:j.wildrid4e@wildridgelandscage.com1 Sent: Wednesday, February 10, 2016 4:20 PM To: Furr,Justin Subject: #29 Landscape Forgot to send this to you last night!Sorry about that! Let me know if you need anything else.Joe 1 n Tae�Vilckidge I President Wild Ridge Lawn&Landscape 3355 5.Arlington Ave.Indianapolis, IN 46263 -WILD] ,?MIDGE Ofte:(317)784-5296 I Celf: (317)697-6721 I n W N lrAZU * SAFETY w SE OCE 2 WILD ,RIDGE LAWN 9 L A N O Z C A P E February 9, 2016 Creno'Carwash Location#29 LANDSCAPE DESIGN & IMPLEMENTATION SERVICES We are pleased to present the following proposal for your consideration. Wild Ridge Lawn&Landscape will furnish the material, equipment, labor and supei vision required to complete the project. I. Landscape Installation A. Landscape Bed Restoration (2) 2"—2.5"B&B $ 800.00 (12) 3 Gal..Pampas Grass $ 504.00 (1) 5 Gal. Deciduous Shrub $ 62.00 (11)Boulders $ 849.00 (5) 5 Gal. Large Shrubs $ 300.00 (8) 24"Boxwood $ 520.00 (5) 1 Gal. Daylily $ 400.00 (10) 24"Dense Yew $ 750.00 (60) In. ft. Steel Edging $ 400.00 (6)Yds. Dye Mulch $ 420.00 (3) 5 Gal. Holly Bushes $ 195.00 Total: $ 5,200.00 I look forward to working with you personally on this project. I feel confident that you will be pleased with the results. Regards, Joe Wildridge President AGREED and ACCEPTED this day of ,2016. By: Mr. Joe Wildridge Crew Carwash Rep. Note: Void if not retuned within 15 days 3355 S_ ARLINGTON a INDIANAPOLIS. 1N 46203 PHONE (317) 784-5296 a WWW.WILDRIDGELAIYDSCAPE.COM o FAX (317) 780-1350