HomeMy WebLinkAboutBPW-12-15-04-15 Sewer Ease Ck RESOLUTION NO. BPW- 12-15-04-15,
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
CARMEL~ INDIANA~ REGARDING THE DEPOSIT OF A SEWER EASEMENT CHECK
WHEREAS, on or about October 29, 2004, and pursuant to Indiana Code 36-4-5-3(9), the Mayor
of the City of Carmel, Indiana ("City") did accept, on behalf of the City, the Clay Township Regional
Waste District's Uniform Easement Acquisition Offer ("Easement Offer"), a copy of which is attached
hereto as Exhibit A; and
WHEREAS, on or about October 29, 2004, Judith F. Hagan, Clay Township Trustee, did also
accept, on behalf of Clay Township, Indiana ("Township"), the Easement Offer; and
WHEREAS, pursuant to the terms of the Easement Offer, the Clay Township Regional Waste
District has now tendered to the City and Township a joint check in the amount of Four Thousand Eight
Hundred Fifty Dollars ($4,850.00) (the "Easement Check"), a copy of which is attached hereto as Exhibit
13; and
WHEREAS, the Indiana State Board of Accounts has been consulted in this matter; and
WHEREAS, the City and Township are now desirous of promptly depositing the Easement Check
in the appropriate account but have been unable to determine the fund or funds into which the same
should be deposited.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City
of Carmel, Indiana ("Board"), as follows:
1. The foregoing Recitals are incorporated herein by reference.
2. The Board approves and adopts the Easement Offer and accepts the Easement Check on behalf
of the City.
3. The Easement Check should be promptly deposited into one of the Township's township-wide
service funds.
4. The City's Clerk-Treasurer has indicated she will endorse the Easement Check over to the
Township Trustee on the above terms.
5. In the event it is later determined by appropriate written guidance that the Easement Check
should have been deposited elsewhere, the City will use its best efforts, in cooperation with the Township,
to obtain the disgorgement of the funds from the Easement Check and their re-deposit in accordance with
such guidance.
6. This Resolution is subject to the approval of the Indiana State Board of Accounts of this
method of handling this payment.
Page One of Two Pages
Loft S. ~qatson,t~ber
Diana L. Cor, dray, IAMC, Clerk-Treasurer
Date:
SO RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, this _
day of ~ ~ ,2004.
Sandra M. JohnSon,
Deputy Clerk for
Re solution No. B PW- 12-15 -04-15
Page Two of Two Pages
i www.ctrwd.org ° (317) 844-9200 · Fax (317) 844-9203
March 18, 2004 ~
Clay Township of Hamilton County
AND
City of Carmel, Indiana
10701 North College Avenue
Indianapolis, IN 46280
Sewer Easement
Parcel No. 1713060405001000
Dear Sir/Madame:
UNIFORM AC( UISIT1ON OFFt!R
Clay Township Regional Waste District (hereinafter referred to as
"CTRWD") is authorized by Indiana law to obtain an easement across your land
for certain public purposes. CTRWD needs an easement across your land to
construct, operate, control and maintain a sanitary sewer. A copy of the easement
needed containing a specific description of the real estate involved in the
easement is attached to this offer and made a part hereof. It is our opinion that the
fair market value of the land we want to acquire from you is Four Thousand Eight
Hundred Fifty Dollars ($4,850.00), and, therefore, CTRWD offers you Four
Thousand Eight Hundred Fifty Dollars ($4,850.00) for the above-described
easement. You have twenty-five (25) days from this date to accept or reject this
offer. If you accept this offer, you may expect payment in full within
approximately ninety (90) days after signing the document accepting this offer and
executing the easement, provided there are no difficulties in clearing liens or other
problems with title to land. Possession of the land must be given no later than
thirty (30) days after you have received your payment in full.
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND
LEGALLY PROTECTED RIGHTS:
10701 N. College Ave., Suite A ° Indianapolis, Indiana 46280-1098
Uniform Easement Acquisition Offer
March 18, 2004
Page 2
By law, the CTRWD is required to make a good faith effort to purchase an
easement across your property.
You do not have to accept this offer.
However, if you do not accept this offer, and we cannot come to an agreement on
the acquisition of your land, CTRWD has the right to file suit in either Boone
County or Hamilton County, the County in which the real estate is located, to
condemn and appropriate the land.
You have the right to seek the advice of an attorney, real estate appraiser or any
other person of your choice on this matter.
You may object to the public purpose and necessity of this project.
If CTRWD files a suit to condemn and appropriate your land, and the court grants
its request to condemn, the court will then appoint three (3) appraisers who will
make an independent appraisal of the easement to be appropriated.
If we both agree with the court appraisers' report, then the matter is settled.
However, if either of us disagree 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.
If the court appraisers' report is not accepted by either of us, then CTRWD 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, CTRWD 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 the final judgment awarded to 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.
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 land or easement. The court's decision may be more or less
than this offer. You may employ, at your cost, appraisers and attorneys to
Uniform Easement Acquisition Offer
March 18, 2004
Page 3
,'3
10.
represent you at this time or at any time during the course of the proceedings
described in this notice.
If you have any questions concerning this matter, you may contact us in writing at:
CLAY TOWNSHIP REGIONAL WASTE DISTRICT
c/o Candy J. Feltner
P. O. Box 40638
Indianapolis, IN 46240-0638
(317) 844-9200, Fax (317) 844-9203
IF THIS OFFER IS OVER FIVE THOUSAND DOLLARS ($5,000.00), YOU MAY
ELECT, UNDER LC. 32-11-3-4, TO ACCEPT PA YMENT IN A SINGLE LUMP SUM
OR IN ANNUAL PAYMENTS FOR A PERIOD NOT TO EXCEED TWENTY (20)
YEARS, WITH INTEREST. IF YOU ELECT ANNUAL PA YMENTS, THEN
POSSESSION WILL BE REQUIRED THIRTY (30) DA YS AFTER YOU I~A VE
RECEIVED YOUR FIRST ANNUAL PA YMENT.
By: ~/i,,~Ott' ~
/ Ah~ne Hensley Poindext~
Counsel for CTRW~,/f
If you decide to accept this offer of Four Thousand Eight Hundred Fifty Dollars
($4,850.00) made by the CTRWD, please sign your name below and mail this form to the
address indicated above. An additional copy of this offer has been provided for your file.
ACCEPTANCE OF OFFER
//~ot.,~ //'q,_~~on behalf of The City of Carmel and
~ /-{~C~Ot',) on behalf of Clay Township of Hamilton County, landowners of
the above-described property or interest in the City of Carmel, Indiana and Clay Township of
Hamilton County property, hereby accepts the offer of Four Thousand Eight Hundre~Fifty
Dollars ($4,850.00) made by the Clay Township Regional Waste District (condemnor) on this
&q~__-day of_ (9~o~,.- ,2004. Please check one of the following if the offer is in
excess of Five Thousand Dollars ($5,000.00):
Uniform Easement Acquisition Offer
March 18. 2004
Page 4
,/')
)
I elect to accept payment in a single lump stun.
I elect to accept payment in annual payments for a period of__
with interest as determined under I.C. 32-11-3-4.
CITY OF CARMEL, INDIANA
Print~O: ~7'q ~. ~ /-3 ? o l t~ n ~ PJ
years,
CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA
NOTARY'S CERTIFICATE
STATE OF INDIANA )
) ss:
COUNTY OF//'/~? ~7 )
Before me, a Notary Public in and for said County and State, personally appeared
~D4f.~ ~;~}/~II'I~I/FIx of City of Carmel, Indiana, who acknowledged the execution of
The foregoing Uniform Easement Acquisition Offer, and who, having been duly sworn, stated that
any representations therein contained are true.
Witness my hand and Notarial Seal this ~ day of_ t~[~ ~ ,2004.
[Seal]
Notary Public
Resident of ]~ii~l/D 11 ~/91'I, Cgunty, IN
My Commi~si0n E~pires:
Uniform Easement Acquisition Offer
March 18, 2004
Page 5
NOTARY'S CERTIFICATE_
STATE OF INDIANA )
) SS:
COUNTY OF ~0.~" ~' )
Before me, a Notary Public in and for said County and State, personally appeared
,Jt~ &i +[--C. ~c~c~a.~ of Clay Township of Hamilton County, Indiana, who
acknowledged the execution of the foregoing Uniform Easement Acquisition Offer, and who,
having been duly sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this/c~~ day of_ 0(?1~ })£r- ,2004.
[Seal] - Notary Public
Residentof {4&let t-h~ _County, IN
My Commission Expires: -Svr, z-x~ '~o
This instrument prepared by: Anne Hensley Poindexter, CAMPBELL KYLE PROFFITT LLP,
One Penn Mark, Ste. 701, 11595 N. Meridian St., Cannel, IN 46032, Ph: (317) 846-6514, Fx: (317) 843-8097
GIONAL WASTE DISTR CT
.Ay TOWNSHtP RE Towflshi Regionel Waste District, 2002
~pr oved by State Board of Accounts for C[ey P
endor No: MIS3 / Name: Clay Township of Hamilton County
voice Ref Inv Date Inv Amt Discount
/29/04 8133 11/29/04 4850.00 0.00
Adj Amt
0.00
18630
18630
Amt Paid
4850.00
Check Dace 1%/29/04 Total 4850.00
~cct: 12224-200)
18630
'This War~t VC~ Two t21 Ye~
NATIONAL CITY BANK, INDIANA
~NDIANAPOLiS, IN 46255
CHECK NO. 18630
11/29/0~ $4, 850-00
CLAY T GIONAL WASTE DISTR CT
)THE Clay Township of Eamilton Counsy b' ',~ / / . ".~'~'~'%,
RDER ~d city of Carmel, Indiana ~. t ." ~ ~% ~
M **~Four Thousand Eight Hundred Fifty & No'100 US Dollars
DATE AMOUNT