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Home My WebLink AboutCity of Carmel/Timber Creek Settlement HALL, RENDER, KILLIAN, H EATH LYMAN Attorneys at Law Professional Service Corporation Suite 2000, Box 82064 One American Square, Indianapolis, IN 46282 (317) 633 -4884 Fax: (317) 633 -4878 Robert A. Hicks Direct Dial: 317/977 -1433 E -Mail: rhicks @hallrender.com March 12, 2002 Mr. Gary A. Gengenbach 1098 -8 Timber Creek Drive Carmel, IN 46032 Re: Settlement Agreement with City of Carmel Dear Mr. Gengenbach: Enclosed are two original copies of the Settlement Agreement and Verified Request to Withdraw Deposited Funds. Please sign each where indicated in the presence of a notary public, then return both sets to me in the enclosed postage -paid envelope. We will then obtain our client's signature, file the agreement with the Court and forward the additional $2,000 to you to conclude this matter. The documents being filed with the Court will allow you to withdraw the $22,505 already deposited. If you have any questions or wish to discuss these documents, please contact me as soon as possible. Sincerely, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C. Robert A. Hicks Enclosures cc: Stephen Engelking (w /o enclosure) Director of Administration City of Carmel Kate Weese (w /o enclosure) City Engineer City of Carmel 04166rah.doc(mkj) INDIANAPOLIS, INDIANA LOUISVILLE, KENTUCKY TROY, MICHIGAN STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0102 -MI -0073 CITY OF CARMEL, INDIANA, Plaintiff, v. TIM DEATON, GARY A. GENGENBACH, et al., Defendants. SETTLEMENT AGREEMENT AND VERIFIED REQUEST TO WITHDRAW DEPOSITED FUNDS This Settlement Agreement is made and entered into by and between the City of Carmel "Plaintiff') and Gary A. Gengenbach "Defendant The parties agree to the following: 1. Withdrawal of Verified Exceptions. In consideration of the payment set forth in Section 2, Defendant hereby withdraws his Verified Exceptions to Court Appointed Appraisers' Report. 2. Payment. In consideration of the withdrawal set forth above, Plaintiff agrees to pay Defendant the sum of Two Thousand Dollars ($2,000.00). This is in addition to the amount of Twenty -two Thousand Five Hundred Five Dollars ($22,505.00) determined by the Court- appointed appraisers to be due Defendant and previously paid by Plaintiff to the Clerk of the Court. 3. Disbursement of Deposited Funds. The parties request the Court to issue its Order of Disbursement to the Clerk permitting the withdrawal and disbursement of the Court- appointed appraisers' award to Defendant in the amount of Twenty -two Thousand Five Hundred Five Dollars ($22,505.00) (the "Deposited Award 4. Dismissal of Defendant from Proceedings. Plaintiff and Defendant request that Gary A. Gengenbach be dismissed as a party Defendant from these proceedings with prejudice. 5. Effective Date. This Settlement Agreement shall become effective following execution by both parties and approval by the Court. 6. Defendant's Verified Request for Withdrawal of Deposited Award. Defendant hereby requests withdrawal of the Deposited Award and in support of such request, states the following: a. Defendant Gary A. Gengenbach is the entitled owner of the real estate appropriated and condemned by Plaintiff and is entitled to the entire amount of damages deposited with the Clerk. b. Prior to the commencement of this action, Plaintiff submitted a uniform land offer to Defendant in accordance with applicable Indiana law. c. After appropriation of the real estate which is being condemned by the Plaintiff in this action, the value of the Defendant's remaining real estate in Hamilton County exceeds the amount of the appraisers' award pursuant to I.C. 32- 11 -1 -8. d. Defendant petitions the Court to permit withdrawal of the appraisers' award without the requirement of surety. Plaintiff: City of Carmel Defendant U. By: G Printed: Stephen Engelking Gary A. Gengenbach Title: Director of Administration 2 STATE OF INDIANA f )'SS: 'COUNTY OF f- AMb(ToN Before me, a Notary Public in and for said County and State, personally appeared Stephen Engelking, on behalf of the City of Carmel, who acknowledged the execution of the foregoing Settlement Agreement and Verified Request to Withdraw Deposited Funds, and who, having been duly sworn, stated that all matters referred to therein are true. WITNESS my hand and Notarial Seal this 20 day of /1 MedC/ 2002. My Commission Expires: b 7 0 Y p Notary Public 44/4/ D4 ✓iS Printed Resident of 1/4- .7vi4. Teti County STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Gary A. Gengenbach who acknowledged the execution of the foregoing Settlement Agreement and Verified Request to Withdraw Deposited Funds, and who, having been duly sworn, stated that all matters referred to therein are true. WITNESS my hand and Notarial Seal this )0 day of 6,,e,0,4, 2002. J i My Commission Expires: l e 0� 7 ,1 {�C i 2,.� /"5 r otarublic Resident of ��fZ/ County Approved By: Date: Judge, Hamilton Superior Court 1 3 Distribution: Robert A. Hicks, Esq. HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, Indiana 46282 Gary A. Gengenbach 1098 -8 Timber Creek Drive Carmel, IN 46032 04140rah.doc(mkj) 4 is STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0102 -MI -0073 N rn c� CITY OF CARMEL, INDIANA, Plaintiff, i l✓I TIM DEATON, TRUSTEE OF THE 1096 -2 �1 TIMBER CREEK TRUST; ANN M. IHRER; BRIAN KINNARD; PEGGY SHARNET; CHRISTOPHER P. BOURKE; DES NEIGES E. BUCHANNA; GARY A. GENGENBACH; HARRIS W. JONES; JENNIFER LYNN WARD; KOSMOS A. KONDURIS; EFFIE KONDURIS; LANA KAY BARNETT; LESLIE KROM SELDEN; LORIE L. FISCHER; MARIA MALANDRAKIS; MARK D. NEEL; MARY K. MAHLSTRADT; PETER J. MAYER, DAVID R. MAYER; JOHN R. MAYER; PAUL J. ODENDAHL; IDA M. ODENDAHL; RUTH M. RIVERA; SHAUN S. BUNDY; AND T. BRENT JUDGE; Defendants. CERTIFICATION OF CLERK Comes now Tammy Baitz and being duly sworn upon her oath, alleges as follows: 1. That she is the duly elected and acting Clerk of Hamilton Superior Court. 2. That by an Order of the Hamilton Superior Court No. 1 dated the 7 day of December, 2001, in Cause Number 29D01- 0102 -MI -0073, the City of Carmel was granted an Order Appointing Appraisers to assess the damages resulting from the City's appropriation of Defendants' real estate as described on Exhibit A attached hereto and incorporated herein by this response. 3. That on the 19` day of December, 2001, the appraisers appointed by the Court pursuant to said Order Appointing Appraisers filed their Report and assessed damages for Defendants in the amount of $32,100. 4. That the Plaintiff, City of Carmel, on the 25` day of January, 2002, paid the amount of $39,600 into the Clerk of this Court. 5. That of such amount, $32,100 represents the total damages assessed to the Defendants. 6. That of such amount, $7,500 represents the total compensation owed to the three appraisers for the services of said appraisers in the amount of $2,500 to each appraiser. 6. That pursuant to Ind. Code §32- 11 -1 -7, the real property described in Exhibit "A" shall be transferred, on the property tax records of Hamilton County, from Defendants. kOF TAMMY BA)if� COURTS CLERK, HAMILTON SUPERIOR COURT Dated: 3 A) Distribution: Robin Mills Hamilton County Auditor Government and Judicial Center 188 One Hamilton County Square Noblesville, IN 46060 Tim Deaton, Trustee of the 1096 -2 Timber Creek Trust c/o 1641 S. Riley Highway Shelbyville, IN 46176 Ann M. Ihrer 1046 -8 Timber Creek Drive Carmel, IN 46032 Brian Kinnard 12544 -8 Timber Creek Drive Carmel, IN 46032 Peggy Sharnet 12544 -8 Timber Creek Drive Carmel, IN 46032 Christopher P. Bourke 12544 -5 Timber Creek Drive Carmel, IN 46032 Des Neiges E. Buchanna 12559 -5 Timber Creek Drive Carmel, IN 46032 Gary A. Gengenbach 1098 -8 Timber Creek Drive Carmel, IN 46032 Harris W. Jones 1057 -10 Timber Creek Drive Carmel, IN 46032 Jennifer Lynn Ward 12559 -6 Timber Creek Drive Carmel, IN 46032 3 Kosmos A. Konduris 1098 -1 Timber Creek Drive Carmel, IN 46032 Effie Konduris 1098 -1 Timber Creek Drive Carmel, IN 46032 Lana Kay Barnett ,i1098-5 Timber Creek Drive Carmel, IN 46032 Leslie Krom Selden 12515 -8 Timber Creek Drive Carmel, IN 46032 Lorie L. Fischer 1098 -2 Timber Creek Drive Carmel, IN 46032 Maria Malandrakis 2680 Village Green Drive, #C2 Aurora, IL 60504 Mark D. Neel 12519 -11 Timber Creek Drive Carmel, IN 46032 Mary K. Mahlstradt 12546 -5 Timber Creek Drive Carmel, IN 46032 Peter J. Mayer 12570 -6 Timber Creek Drive Carmel, IN 46032 David R. Mayer 12570 -6 Timber Creek Drive Carmel, IN 46032 John R. Mayer 12570 -6 Timber Creek Drive Carmel, IN 46032 4 Paul J. Odendahl 3527 Twin Springs Drive Carmel, IN 46033 Ida M. Odendahl 3527 Twin Springs Drive Carmel, IN 46033 Ruth M. Rivera 12515 -4 Timber Creek Drive Carmel, IN 46032 Shaun S. Bundy 1046 -5 Timber Creek Drive Carmel, IN 46032 T. Brent Judge 11595 Ditch Road Carmel, IN 46032 E. Davis Coots Coots Henke Wheeler 255 E. Carmel Drive Carmel, IN 46032 Jordan D. Church, Esq. Church, Church, Hittle Antrim 938 Conner Street Noblesville, IN 46060 Douglas C. Haney, Esq. City Attorney City of Carmel One Civic Square Carmel, IN 46032 Robert A. Hicks, Esq. HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, Indiana 46282 04023rah.doc(mkj) 5 STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0204 -PL 253 r CITY OF CARMEL, INDIANA, cA Plaintiff, c�Y tit WAYNE M. ROLAND, DANETTE) M. ROLAND, COUNTRYWIDE HOME LOANS, INC., AND STATE OF INDIANA, DEPARTMENT OF REVENUE Defendants. SETTLEMENT AGREEMENT AND VERIFIED REQUEST TO WITHDRAW DEPOSITED FUNDS This Settlement Agreement and Verified Request to Withdraw Deposited Funds "Agreement is made and entered into by and between the City of Carmel "Plaintiff'), Wayne M. Roland and Danette M. Roland "Roland Countrywide Home Loans, Inc. "Countrywide and the State of Indiana, Department of Revenue (the "Department of Revenue The parties agree as follows: 1. Payment. Plaintiff agrees to pay Roland the sum of Eight Thousand Three Hundred Fifty Dollars ($8,350.00). Such amount is in addition to the amount of Twenty -Five Thousand Six Hundred Fifty Dollars ($25,650.00) determined by the Court- appointed appraisers to be due Defendants and previously paid by Plaintiff to the Clerk of the Court. 2. Satisfaction of Tax Warrant. The Department of Revenue has petitioned the Court, and has received in response to said petition, the amount of One Thousand Six Hundred Eighty Five and 97/100 Dollars ($1,685.97) in full satisfaction of that certain Tax Warrant No. 3493286. The Department of Revenue, therefore, has no objection to the terms of this Agreement. 3. Stipulated Claim for Share of Condemnation Damages. The Plaintiff, Roland and Countrywide have stipulated and agreed in a separate pleading filed with this Court that of the sum remaining on deposit with the Clerk, viz., Twenty Three Thousand Nine Hundred Sixty Four and 03/100 Dollars ($23,964.03), that Twenty Two Thousand Seven Hundred Twenty Nine and 38/100 Dollars ($22,729.38) should be paid by the Clerk of the Court to Countrywide. 4. Roland's Verified Request for Withdrawal of Deposited Award. Assuming the Court approves such Twenty Two Thousand Seven Hundred Twenty Nine and 38/100 Dollars ($22,729.38) payment to Countrywide, the parties hereby request distribution to Roland of the balance remaining on deposit with the Clerk, viz., One Thousand Two Hundred Thirty-Four and 65/100 Dollars ($1,234.65) and in support of such request, Roland states the following: a. Roland is the entitled owner of the real estate appropriated and condemned by Plaintiff and is entitled to the amount of damages herein requested and remaining on deposit with the Clerk. b. Prior to the commencement of this action, Plaintiff submitted a uniform land offer to Roland in accordance with applicable Indiana law. c. After appropriation of the real estate which is being condemned by the Plaintiff in this action, the value of Roland's remaining real estate in Hamilton County exceeds the amount of the appraisers' award pursuant to I.C. 32-11-1-8. d. Roland petitions the Court to permit withdrawal of the balance of appraisers' award without the requirement of surety. 5. Dismissal of Defendants from Proceedings. The parties request of the Court that Roland, Countrywide and the Department of Revenue, be dismissed as party Defendants from these proceedings with prejudice. 2 6. Effective Date. This Settlement Agreement shall become effective following execution by the parties and approval by the Court. By: By: ►i�,.�`� R Bert A. Hicks, 13998 -49 J. G ,-g Easte :420 -49 HALL, RENDER, KILLIAN, EASTER CAVO HEATH LYMAN, P.S.C. 8440 Woodfield Crossing Blvd. One American Square, Ste. 2000 Suite 170 Box 82064 Indianapolis, Indiana 46240 Indianapolis, Indiana 46282 Attorney for Defendants, Wayne M. Attorney for Plaintiff, and Danette M. Roland City of Carmel By: Richard E. Hendrickson, #8338 -49 David M. Bengs, #16646 -20 UNTERBERG ASSOCIATES, P.C. 8050 Cleveland Place Merrillville, Indiana 46410 Attorneys for Defendant, Countrywide Home Loans, Inc. O By: -�11; AL—A Steve Carter, #4150 -64 Daniel P. Miller, #9202 -55 Office of the Attorney General IGCS, 5 Floor 402 W. Washington Street Indianapolis, Indiana 46204 Attorneys for Defendant, State of Indiana, Department of Revenue 3 s Distribution: Robert A. Hicks, Esq. HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, Indiana 46282 Wayne M. Roland 3 Woodland Drive Carmel, IN 46032 Danette M. Roland 3 Woodland Drive Carmel, IN 46032 J. Greg Easter, Esq. Theresa M. Silver, Esq. Easter Cavosie 8440 Woodfield Crossing Blvd. Suite 170 Indianapolis, IN 46240 Richard E. Hendrickson, Esq. David M. Bengs, Esq. Unterberg Associates, P.C. 8050 Cleveland Place Merrillville, IN 46410 Steve Carter, Esq. Daniel P. Miller, Esq. Office of the Attorney General Indiana Government Center South, 5 Floor 402 West Washington Street Indianapolis, IN 46204 7107_1.DOC /MKJ 4 ro STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0204 -PL -253 CITY OF CARMEL, INDIANA, Plaintiff, v. FILED WAYNE M. ROLAND, DANETTE) JAN 0 g 2003 M. ROLAND, COUNTRYWIDE HOME LOANS, INC., AND (1� CLERK OF THE STATE OF INDIANA, HAMILTON SUPERIOR COURT DEPARTMENT OF REVENUE Defendants. ORDER OF DISBURSEMENT AND DISMISSAL The Clerk of the Court, having previously certified pursuant to I.C. 32- 11 -1 -7 that Plaintiff City of Carmel deposited with such Clerk a sum of money that included Twenty -Five Thousand Six Hundred Fifty Dollars ($25,650.00), the total amount determined by the Court- Appointed Appraisers to be due the above captioned Defendants, and the Defendants Countrywide Home Loans, Inc. and State of Indiana having already petitioned for and received an order for disbursement for the amounts so requested by them and the Plaintiff and the Defendants, having entered into a Settlement Agreement approved by the Court, the Court now orders that all Defendants be dismissed with prejudice from this proceeding and that the Clerk of the Court pay to the Defendants, Wayne M. Roland and Danette M. Roland, by and through their counsel, the total amount of the balance remaining on deposit with the Clerk, such amount being One Thousand Two Hundred Thirty Four Dollars and Sixty Five Cents ($1,234.65). So ordered this 9 day of 2003 Judge, Hamilton Superior Court 1 u 4 l i ti J Distribution: a t A Hicks, Esq. KILLIAN R° ALL, RENDLY p. HEATH S care, Suite 200 One American q rA Box 820 4628 a olis, Indiana ,y I P Wayne M. Roland s oodland Drive Cann IN 46032 el, 4'Y M. Woodland R °l Dnand e ,=.s7 r v Canne IN 46 032 Danet E aster, Esq• J. Greg E Theresa M. Silver, ast er Cavo Blvd. A Crossing 8440 WO °afield Suite 170 46240 Indianapolis, 1 a Richar Hendrien ckson, Esq. b d E David M. Bgs' Esq• Associates, p C Unterberg d Place 8elan Clevx Merrillville, IN 46410 Steve Carter, Esq. lip I' Esq• Daniel p •Miller, General Office of the Attorn ey ent Center South, 5th Floor 1 Indiana Gov on Street Y 2 West Washings 40 46204 Indianapolis, IN 8393_1.DOC /RAH Ye 2 1 ti�