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HomeMy WebLinkAboutBPW-10-15-97-03 CondemnationResolution No. BPW- 10-15 -97- 03 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY GRANTING AUTHORITY TO SETTLE CERTAIN CONDEMNATION CASES WHEREAS, the City of Carmel, Indiana has filed ten (10) lawsuits seeking to condemn through its powers of eminent domain certain real property and real property interests (collectively, the "Property") necessary for the construction and improvement of Hazel Dell Road; and WHEREAS, as a prerequisite to filing such lawsuits, the Property was appraised and Uniform Purchase Offers in the amount of such appraisals were served upon the landowners of such Property; and WHEREAS, a hearing to show cause as to why such Property should or should not be appropriated has been scheduled for October 16, 1997; and WHEREAS, in order to avoid the expense, cost and uncertainties of litigation over the amount of damages caused by the appropriation of such Property, it may be in the best interests of the City and its constituents to settle these lawsuits for amounts in excess of the appraised value of the Property. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety that Joseph Staehler, Director of Administration, is hereby authorized to settle any or all of the lawsuits referenced on attached Exhibit A for an amount for each of up to and including the greater of $10,000.00 over or 110% of the appraised value of the Property to be appropriated through such lawsuit. Approved and Adopted this 'D day of (0 c A-~/2-~.-~-~, 1997. CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety Billy Walker, Member Date: Exhibit A STATE OF INDIANA COUNTY OF HA/MILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAUS NO.'BC S'q CITY OF CARMEL, INDIANA, Plaintiff, V, ROBERT E. FULLER and SANDRA A. FULLER (H/W), Defendants. ) >.,.C -~: :': COMPLAINT FOR CONDEMNATION OF REAL PROP~R~ .. Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against D ndant~ would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendants Robert E. Fuller and Sandra A. Fuller, husband and wife (the "Fullers"), are the landowners of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A, incorporated herein by this reference. 5. That Plaintiff is currently engaged in the improvement of a public highway, commonly known as the Hazel Dell Parkway, which, when completed, will run from on or about the current intersection of Hazel Dell Road and 146th Street to on or about the current intersection of River Avenue and 96th Street, in the City of Carreel, County of Hamilton, State of Indiana (the "Project"). 6. That Plaintiff has prepared and adopted plans which show its need to take, condemn and appropriate the rights and interests in the Real Estate herein sought in order to complete the Project, and that such taking, condemnation and appropriation is necessary and proper and for a public purpose. STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAUSE NO..X'~\ CITY OF CARMEL, INDIANA, Plaintiff, MORRIS RISKIN and RAMONA RISKIN (tt/W), and NATIONAL CITY BANK, INDIANA (f/k/a MERCHANTS NATIONAL BANK & TRUST COMPANY OF INDIANAPOLIS), Defendants. COMPLAINT FOR CONDEMNATION OF REAL PROPERTY Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against Defendants would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendants Morris Riskin and Ramona Riskin, husband and wife, (the "Riskins"), are the landowners of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A. incorporated herein by this reference. 5. That Defendant National City Bank, Indiana, as successor in interest to Merchants National Bank & Trust Company of Indianapolis ("Merchants"), claims an interest in that portion of the Real Estate sought to be taken, condemned and appropriated by Plaintiff herein by virtue of a certain real estate mortgage granted Merchants by the Riskins dated February 19, 1971 and recorded as Instrument No. 245, 333-335 in the Office of the Hamilton County Recorder, a copy of which document is attached hereto as Exhibit B and incorporated herein by this reference. ..... STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAuS NO. :ig CITY OF CARMEL, INDIANA, Plaintiff, Ve DAVID A. BUSCHE AND TINA J. SIBBITT (H/W), and FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendants. COMPLAINT FOR CONDEMNATION OF REAL PROPERTY Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against Defendants would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendants David A. Busche and Tina J. Sibbitt, husband and wife (the "Busches"), are the landowners of certain real property located in Hamilton County, Indiana, within which are included the fights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A, incorporated herein by this reference. 5. That Defendant Federal Home Loan Mortgage Corporation ("Federal") claims an interest in that portion of the Real Estate sought to be taken, condemned and appropriated by Plaintiff herein by virtue of its position as assignee of a certain real estate mortgage originally granted by the Busches to First Western Mortgage Corporation of Illinois ("First Western") and dated May 11, 1987, which mortgage was recorded as Instrument No. 8713330 in the Office of the Hamilton County Recorder, and which mortgage assignment by First Western to Federal is dated May 30, 1989 and recorded as Instrument No. 8912026 in the Office of the Hamilton County Recorder. Copies of an identifying portion of the mortgage and the assignment are attached hereto as Exhibit B and Exhibit C, respectively, which entire documents are incorporated herein by this reference. STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAUS :!i CITY OF CARMEL, INDIANA, Plaintiff, GLENN W. SPECK AND ANGELA S. SPECK (H/W), AND NORWEST ) ': MORTGAGE, INC. ) Defendants. ) ,-i' ~' COMPLAINT FOR CONDEMNATION OF REAL PROPER~Y t'r~ Comes now Plaintiff, City of Cannel, Indiana, and for its cause of action against Defendants would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendants Glenn W. Speck and Angela S. Speck, husband and wife (the "Specks"), are the landowners of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A, incorporated herein by this reference. 5. That Defendant Norwest Mortgage, Inc. ("Norwest") claims an interest in that portion of the Real Estate sought to be taken, condemned and appropriated by Plaintiff herein by virtue of an assignment to Norwest of a certain real estate mortgage originally granted by the Specks to American Home Funding, Inc., dated June 20, 1996 and recorded as Instrument No. 9609628767 in the Office of the Hamilton County Recorder, and subsequently assigned to Norwest by Assignment of Mortgage dated July 18, 1996 and recorded as Instrument No. 9609651828 in the Office of the Hamilton County Recorder. Copies of identifying portions of the mortgage and assignment are attached hereto as Exhibit B and Exhibit C, respectively, and the complete documents are incorporated herein by this reference. STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAUSE NO .'~\ ' ~.'~'C:b~.' ,4Y~,'~.. -. K '~ ~-' CITY OF CARMEL, INDIANA, Plaintiff, V. ESTATE OF ALEY E. HUNT, C/O KEY TRUST COMPANY OF INDIANA, Defendant. COMPLAINT FOR CONDEMNATION OF REAL PROPERTY Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against Defendant would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendant Estate of Aley E. Hunt, c/o Key Trust Company of Indiana ("Hunt"), is the landowner of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A. incorporated herein by this reference. 5. That the Real Estate is burdened by a Gas Line Easement entered into by and between Hunt and Indiana Gas Company, dated on or about January 11, 1995, and recorded as Instrument No. 9502468 in the Office of the Hamilton County Recorder, a copy of which document is attached hereto as Exhibit B and incorporated herein by this reference. 6. That Plaintiff is currently engaged in the improvement of a public highway, commonly known as the Hazel Dell Parkway, which, when completed, will run from on or about the current intersection of Hazel Dell Road and 146m Street to on or about the current intersection of River Avenue and 96th Street, in the City of Carmel, County of Hamilton, State of Indiana (the "Project"). STATE OF INDIANA COUNTY OF HAMILTON SS:' IN THE HAMILTON SUPERIOR COURT NO. 1 CAUS \ a S' CITY OF CARMEL, INDIANA, Plaintiff, VS. GEORGE P. JACKSON AND JANICE R. JACKSON(H/W), AND COLONIAL CENTRAL SAVINGS BANK, FSB, Defendants. COMPLAINT FOR CONDEMNATION OF REAL PROPERTY Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against Defendants would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendants George P. Jackson and Janice R. Jackson, husband and wife (the "Jacksons"), are the landowners of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A. incorporated herein by this reference. 5. That Defendant Colonial Central Savings Bank FSB ("Colonial"), claims an interest in that portion of the Real Estate sought to be taken, condemned and appropriated by Plaintiff herein by virtue of a certain real estate mortgage granted to Colonial by the Jacksons dated February 23, 1994 and recorded as Instrument No. 9411227 in the Office of the Hamilton County Recorder, a copy of an identifying portion of which document is attached hereto as Exhibit B and which complete document is incorporated herein by this reference. STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAUS NO..x' \- q -oq- - q ck CITY OF CARMEL, INDIANA, Plaintiff, HELEN MOFFITT MUELLER, Defendant. COMPLAINT FOR CONDEMNATION OF REAL PROPERT~.'.,f, ~. ,~ . ~.~, ?D~.,'~'ndanf'~'''~ Comes now Plaintiff, City of Camel, Indiana, and for its cause of action~ g st would show the Court as follows: 'v~ "-..'' 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1 ol et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendant Helen Moffitt Mueller CMueller"), is the landowner of certain real property located in Hamilton County, Indiana, within which are included the fights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A, incorporated herein by this reference. 5. That the Real Estate is burdened by a Grant of Easements entered into by and between Mueller and the Indianapolis Water Company, dated in December, 1991, and recorded as Instrument No. 9230010 in the Office of the Hamilton County Recorder, and by a Sanitary Sewer Easement granted to the Town of Carmel, dated June 28, 1973 and recorded as Instrument No. 267, 231-232 in the Office of the Hamilton County Recorder. Copies of these easements are attached hereto as Exhibit B and Exhibit C, respectively, and incorporated herein by this reference. STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAUSE NO.'~ CITY OF CARMEL, INDIANA, Plaintiff, ERVINS BRUKS and JOSEPHINE E. BRUKS (H/W), NATIONAL CITY BANK, INDIANA and KEYBANK NATIONAL ASSOCIATION, Defendants. COMPLAINT FOR CONDEMNATION OF REAL PROPERTY Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against Defendants would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendants Ervins Bruks and Josephine E. Bruks, husband and wife (the "Bruks"), are the landowners of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A. incorporated herein by this reference. 5. That Defendant National City Bank, Indiana ("National City") claims an interest in that portion of the Real Estate sought to be taken, condemned and appropriated by Plaintiff herein by virtue of a certain real estate mortgage granted to National City by the Bruks dated June 18, 1993 and recorded as Instrument No. 9332452 in the Office of the Hamilton County Recorder, a copy of which document is attached hereto as Exhibit B and incorporated herein by this reference. STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 CAUSE NO.~\'o(3~(~-~--q~-'V -- ~,~,--~ CITY OF CARMEL, INDIANA, Plaintiff, V, HAZEL E. FOSTER AND JENNIE FOSTER LIFE ESTATE, Defendants. COMPLAINT FOR CONDEMNATION OF REAL PROPERTY Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against Defendants would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendant Hazel E. Foster is the landowner of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A. incorporated herein by this reference. 5. That Defendant Jennie Foster Life Estate claims a life estate interest in that portion of the Real Estate sought to be taken, condemned and appropriated by Plaintiff herein by virtue of a certain Warranty Deed dated July 5, 1945 and recorded as Instrument No. 130, 452-453 in the Office of the Hamilton County Recorder, a copy of which document is attached hereto as Exhibit B and incorporated herein by this reference. 6. That Plaintiff is currently engaged in the improvement of a public highway, commonly known as the Hazel Dell Parkway, which, when completed, will run from on or about the current intersection of Hazel Dell Road and 146m Street to on or about the current intersection of River Avenue and 96th Street, in the City of Carrnel, County of Hamilton, State of Indiana (the "Project"). STATE OF INDIANA COUNTY OF HAMILTON SS: IN THE HAMILTON SUPERIOR COURT NO. 1 cAus NO. - win- CITY OF CARMEL, INDIANA, ) Plaintiff, ) MARK CALLAHAN AND LYNDA J. ) CALLAHAN (H/W), CAPSTEAD, INC. ) AND NBD BANK, N.A., ) Defendants. ) COMPLAINT FOR CONDEMNATION OF REAL Comes now Plaintiff, City of Carmel, Indiana, and for its cause of action against Defendants would show the Court as follows: 1. That the Court has jurisdiction over this matter pursuant to Indiana Code 32-11-1-1 et seq. 2. That Plaintiff is a Third Class City duly incorporated under and pursuant to Indiana law and located in Hamilton County, Indiana. 3. That Plaintiff, acting by and through its Board of Public Works and Safety, is empowered to exercise the powers of eminent domain pursuant to Indiana law. 4. That Defendants Mark Callahan and Lynda J. Callahan, husband and wife (the "Callahans"), are the landowners of certain real property located in Hamilton County, Indiana, within which are included the rights and interests hereby sought to be taken, condemned and appropriated (the "Real Estate"), which Real Estate is more specifically described in attached Exhibit A, incorporated herein by this reference. 5. That Defendant Capstead, Inc. ("Capstead") claims an interest in that portion of the Real Estate sought to be taken, condemned and appropriated by Plaintiff herein by virtue of its position as assignee of a certain real estate mortgage originally granted by the Callahans to Forbes Mortgage Corporation ("Forbes") and dated September 2, 1993, which mortgage was recorded as Instrument No. 9344697 in the Office of the Hamilton County Recorder, and which mortgage assignment by Forbes to Capstead is dated May 16, 1996 and recorded as Instrument No. 9609621513 in the Office of the Hamilton County Recorder. Copies of identifying portions of the mortgage and assignment are attached hereto as Exhibit B and Exhibit C, respectively, and which complete documents are incorporated herein by this reference.