HomeMy WebLinkAboutCorrespondenceOF COUNSEL:
STEVEN H. HFNKE
This letter is a follow -up to our meeting held December 11, 2007 with
representatives from your office, the City of Carmel Engineer James J. Schneider
"Schneider and myself. The purpose of this letter is to document the agreements
reached during that meeting and the basis of compensation for the City's take of
18,600 square feet, improvements to the property being taken and the associated cost
to cure following the take for property owned by Schneider on the east side of
Pennsylvania Street north from 103rd Street to'Schneider's north property boundary.
We have confirmed through appraisal that the real estate has a value range
between $9.50 per sq. ft. to $10.50 per sq. ft, and; therefore, would request, that the
parties agree on the mid point of $10.00 per sq. ft. making the compensation for the
fee simple real estate taken in the amount of $186,000.00. Further, $5,720.00 has
been offered and we confirm as a reasonable amount attributed to the land
improvements located on the property being taken.
As to the cost to cure items, the City and Schneider would agree as follows:
1. The City would reimburse Schneider $6,625.00 to relocate
Schneider's business sign to the concrete "peninsula" to be
constructed by the City at the entryway to the existing parking lot
You will confirm with Signs by Design that the price is still valid and
the sign maybe relocated without obtaining anew sign permit from
the City.
2. The City has relocated and paid the expense to relocate four (4)
ornamental light posts along the west border of the parking lot and
installed the lamp posts on encroachment easements in the right of
255 East Carmel Drive
Carmel, Indiana 46032 -2689
317- 844 4693
FAX: 317-573 -5385
www.chwlaw.com
Mr. Trent Newport
December 11, 2007
Page 2
way, which easements are to be granted to Schneider Management Corp., recorded
and copies provided to us. The estimated cost to cure of $11,480.00 has been paid
by the City of Carmel and thus eliminated from the original cost to cure estimate.
3. The parties agree that the existing sidewalk entryway to the Schneider building would
remain as constructed resulting in the removal of $1,455.00 from the cost to cure
amount,
4. The City agrees to pay Schneider $3,300.00 to relocate portions of the irrigation
system necessitated by the landscaping /parking lot reconfiguration.
5. The City will provide Schneider with a break down of the cost to reconfigure the
existing parking lot and curbing by extending the east curb line of the parking lot
approximately 18 feet to the east per plans to be prepared by Crossroad Engineers
and approved by Schneider. The resulting parking lot extension would encroach on
the existing drainage and sanitary easement leaving the parking lot curbing
approximately 12 1 /2 13 feet from the east property line. The City agrees to
reimburse Schneider the cost to asphalt and top coat the additional parking area and
the cost to Schneider to install new curbing and required fill.
6. Included in the parking lot expansion reimbursement to Schneider would be the cost
to relocate and reinstall the decorative light posts that currently exist along the east
boundary of the parking lot.
7. The City agrees to repair /replace any damaged concrete curbing.
8. The City agrees to repair and /or replace existing shrubs and bushes, replant or sod
affected lawn areas and the City agrees to install evergreens in the area between the
road improvements /multipurpose path and Schneider's property line for the area
adjacent to the parking lot. For the area north of the parking lot and existing in front
of the existing Schneider building, the City agrees to install evergreens on
Schneider's property adjacent to the west property line identical in species, size, etc.,
to the bushes installed along the parking lot.
9. The City would agree to reimburse Schneider its cost not to exceed $6,500.00 to have
Weihe Engineers update plans for the purpose of constructing the second building on
the south portion of the property, and reimburse Schneider $5,000 of its legal costs.
The total compensation of $213,145.00 plus the yet to be itemized parking lot expansion/light
post relocation of approximately $28,000.00 would be paid to Schneider as outlined above in
Mr. Trent Newport
December 11, 2007
Page 3
exchange for the execution of a warranty deed and the acceptance of the modified Land Uniform
Acquisition Offer.
Contemporaneous with the execution of the closing documents, Schneider would execute a
drainage easement to the Hamilton County Board of Commissioners across the northern boundary
of the Schneider parcel being 30 feet in width off the entire north side of the vacated lots numbered
485 -496 of Harry Bowers North Ridge addition.
Finally, while we have the City of Carmel's grant of variances bearing docket number
07030012V; 07030013V; 07030014V; and 07030015V.. Per Trent Newport's recommendation, the
proposed south building could be moved east 5 feet from its present location to gain space in the
front yard which result in the east line of the building being approximately 28 feet from the east
property line. We would ask that the Department of Community Services confirm in writing their
approval to relocate the to be built building five feet to the east.
Ifthis letter accurately reflects the negotiations between Schneider Management Corporation
and the City of Carmel, please sign and return a copy of this letter which shall also serve as the
parties' agreement to proceed with the work while the closing documents and payment are
concluded.
Very truly yours,
COOTS, HENKE WHEELER, P.C,
E. Davis Coots
EDCIj c
cc: Michael McBride
James J. Schneider
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E. DAVIS COOTS.
, JAMES K. WHEELER.
J~YCURTS '
'. JAMESD. CRUM'
JEFFREY S. ZIPES.
,ELIZABETH I. VAN TASSEL
MATT!~EW L. HINKLE
, DANIEL E. COOTS
.' RYANH: CASSMAN .
LAURA.E. TRULOCK.
BRANDI A GIBSON
.CERTIFIED ~EDIATOR
OF COUNSEL:
STEVEN H. HENKE
. 255 East Carmel Drive
CallI!eI,Indiilna 46032-2689
317 -844-4693
FAX: 317-573-5385
www.chwlaw.colll
. February 16, 2007
Mike Hollibaugh.
. Department of Comriiunity Service~ I
Carmel City Hall ' .' '. : i
One Civic Square l;
Carmel, IN 46032
RE:
Schneider Management Corp. '
'. Qur File No. 8930.dOl
, .
, .
,Dear Mike:
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'. .. . This letter is to confirm the; discussion we hadFebrvary 12,2007, regarding
your Departnient's preparation bfthe'Developmental Standards Variance to vary the
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requirem~ntsoftl1e Hom~place Overlay Zone and any ,setback requirements to enaqle
S~hneider ManagemeI)Jcorp. to .ob~in approval.ofthe Amended Site Plan for the
property at Pennsylvania; and 103r~ Street following the taking of right-of-way from
thewe~st boundary by the City. We understand that any proposed 'building on the
remaining parcel will require architectural review, foundation landscaping, signage and
exterior lighting review by the Plan Commission; however, no further variances would
be necessarYforpurpo~es. ofbuildil}& a'7,500 square foot building with artic storage.
.,
. ' If this correctly summarize~. bur understanding of the City's position going
. forward, pleaSe, initial the en~losedJoPY of this letter,' and, return it in the enclosed
, . addressed envelope to document eaF~ of our files.
, Very.tiuly.yours,
C~ WHEELER, P.C,
E, Davis Coots
EDC/jc
Enclosures '.
cc: Jamys J;Sc~eider .
Adrieruie Keeling
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E. DAVIS COOTS'
JAMES K. WHEELER'
JAY CURTS
JAMES D. CRUM
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February 20, 2007
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ELIZABETH I. VAN TASSEL
Michael McBride, City Engineer
Carmel City Hall, First Floor
One Civic Square
Carmel, IN 46032
JEFFREY S. ZIPES'
MATTHEW L. HINKLE
DANIEL E. COOTS
RYAN H. CASSMAN
LAURA E. TRULOCK'
BRANDI A GIBSON
Dear Mike:
'CERTIFIED MEDIATOR
RE: Schneider Management Corp.
Our File No. 8930.001
OF COUNSEL:
STEVEN H. HENKE
This letter is to confirm our meeting held February 12,2007, at which time I
delivered the Right of Entry executed by Schneider Management Corp. to you as it
pertains to property located at Pennsylvania Street north of 103rd Street.
In our conversation, we ag~eed that you would forward to the appraisers
elements of damage that we would!~sk the appraisers to include in their valuation in
addition to the value of the real est~te, improvements being taken or relocated, the
daIl}age to the residuary and such oth~r elements typically included in sm:h appraisals
as follows: .'
a.
I
the cost to relocatJ leight decorative light poles to encroachment
easements in the right-of-way along the west boundary and the
drainage easement along the east boundary of the property;
,
b.
i
the cost to reconstruqt 'and resurface the parking area - that being added
and the existing parking area in order that the end product is uniform;
c.
the relocation of the identification signs; and
d.
the cost to reconfigur~ sidewalk and existing landscaping.
We would also ask that in addition to the estimated engineering costs supplied
by Weihe Engineers ($6,500.00), the City of Carmel reimburse Mr. Schneider his legal
fees associated with the negotiation of the Right of Entry, the multiple variances
required and the negotiation of the taking of the right-of-way in an amount not to
exceed $5,000.00.
255 East Carmel Drive
Carmel, Indiana 46032-2689
317-844-4693
FAX: 317-573-5385
www.chwlaw.com
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Michael McBride
February 20, 2007
Page 2
Should you have questions or comments regarding this agreement, please do not hesitate to
contact me.
Very truly yours,
COOTS, HENKE & WHEELER, P .C,
~
E. Davis Coots
I '
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