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192000 11/23/2010 „yf CITY OF CARMEL, INDIANA VENDOR: 364905 Page 1 of 1 0 ONE CIVIC SQUARE ROBERT D AND PEGGY BOXELL CHECK AMOUNT: $1,150.00 CARMEL, INDIANA 46032 6330 NORTHWOOD DRIVE y oN o CARMEL IN 46033 CHECK NUMBER: 192000 CHECK DATE: 11123/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 4460500 1,150.00 RIGHTS -OF -WAYS C1 JAMES BRAmARD, MAYOR UNIFORM PROPERTY ACQUISITION OFFER DATE: October 20, 2010 Robert D. Boxell PROJECT: River Road Path Peggy L. Boxell PARCEL: 2 6330 Northwood Drive FEE SIMPLE PARTIAL 0.021 acres Carmel, Indiana 46033 The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your land for certain public purposes. The City of Carmel needs your property for a public improvement entitled River Road Path and needs to take the land as described on the attached land plat and legal description. See Exhibit A It is our opinion that the fair market value of the property we want to acquire from you is $1,150.00 and, therefore, we offer you $1,150.00 for the above described 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 appropriate instruments, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received your payment in full. 1 E?AFTMIE \T OF ENGINEERING ONE ClViC SQUARE, CAPUMFL, TN 46032 OFFICE 317.571.2441 FAx 317.571.2439 E��IL enaineerinn�carmel.in.�ov HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase your property. 2. You do not have to accept this offer and the City of Carmel 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 City of Carmel 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 City of Carmel 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 the property condemned. 8. If the court appraisers' report is not accepted by either of us, then the City of Carmel has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, the City of Carmel 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 the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if final judgment awarded 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. 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 value of the property. 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 this notice. 10. If you have any questions concerning this matter, you may contact Associated Right of Way Services at 1311 N. Arlington Avenue, Suite 209, Indianapolis, Indiana, 46219, or telephone 322 -0489. This offer was made to the owners, Robert D. Boxell and Peggy L. Boxell, Hamilton County, Indiana, on the day of 7 2010. BY: L�'"7 Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Acknowledgement of Receipt of Offer Robert D. Boxell Date: Y Lo Peggy L. owell Date: If you decide to accept this offer of $1,150.00, 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 We, Robert D. Boxell and Peggy L. Boxell, landowners of the above described property or interest in property, hereby accept the offer of $1,150.00.00 made by the City of Carmel on this day of 2010. j Robert D. Boxell Peggy L. B"11 NOTARY'S CERTIFICATE STATE OF 1 sJ'D lr7 f) )SS: COUNTY OF Subscribed and sworn to before me this day of 2010 „A My commission expires: County of residence: Signature Printed STATE OF I ND i A W )SS: COUNTY OF qA H (L o 4 Subscribed and sworn to before me this day of f ov_< MJ1�! r 2010 My commission expires: County of residence: Z 74 U A 0 Signature C Printed f Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CARMEL, INDIANA 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. Payee Robert D. Boxell and Peggy L. Boxell Purchase Order No. 6330 Northwood Drive Terms Carmel, IN 46033 Date Due Invoice Invoice Description Date number or note attached invoices or bills Amount PROJECT: River Road Path Parcel 2 X: J Robert D. Bowell X: 0 Peaov L 1 One Thousand One Hundred Fifly and 001100 Dollars $1 I hereby certify that the attached invoice(s), or 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 20 I 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 VOUCHER NO. WARRANT NO. 4�1 ALLOWED 20 IN THE SUM OF ON ACCOUNT OF APPROPRIATION Board /Council Members FOR. COST DISTRIBUTION LEDGER CLASSIFICATION IF CLAIM PAID MOTOR VEHICLE HIGHWAY FUND Acct. Account Title Amount No. Project: River Road Path Parcel 2 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Robert D. Boxell and Peggy L. Boxell, husband and wife, (individually, and collectively the "Grantors convey and warrant to the City of Carmel, Indiana (the "Grantee for the sum of One Thousand One Hundred Fifty and 00 /100 Dollars ($1,150.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See attached Exhibit A, which is attached hereto and incorporated herein subject to any and all easements, agreements, restrictions and other matters of record. It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that all real estate herein described (excepting any parcels or portions thereof that are specifically and expressly designated as easements or temporary rights of way) are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the Grantors. IN WITNESS WHEREOF, Grantors have caused this Warranty Deed to be executed this L day of 2010. GRANT RS: Robert D. Boxell Peggy L. Bo ll NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared Robert D. Boxell, who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. E� WITNESS my hand and Notarial Seal this day of 2010. My Commission Expires: 7- K C 1 County of Residence: 2' Notary Signature Notary Printed.Name STATE OF INDIANA SS: COUNTY OF I til f Lam, Before me the undersigned, a Notary Public in and for said County and State, personally appeared Peggy L. Boxell, who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this day of <L'1L 2010. My Commission Expires: County of Residence: Notary Signature Notary Printed Name This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Cannel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document unless it is required by law. Douglas C. Haney 831464vl 7 r ARTHUR PURSEL WARRANTY DEED INST. J2004 -28358 SOUTH LINE INST. #2004 -28358 0 NORTH LINE NORTHWOOD HILLS FIRST SECTION 12 +84.59 �X 30.84 LT 1 LOT 5 PERMANENT RIGHT —OF —WAY NORTHWOOD HILLS, 0.021 ji ACRES FIRST SECTION ry� P.B. 2, PG. 238 ROBERT D. BOXELL PEGGY L. BOXELL O Q WARRANTY DEED Q� I BOOK 228 PAGE 260 (ASSUMED NORTH) _SC ALE: I 50' 50 0 25 50 11}02.24 O 160 00 (p, 33.59 LT OR o0 Permanent Right —of —Way A strip of land five (5) feet in width by parallel lines lying northwesterly and adjacent to the southeasternmost line of Lot 5, Northwood .Hills First Section recorded in Plat Book 2 at Page 238 in the Office of the Hamilton County Recorder lying in Section 34, Township 18 North, Range 4 East of the Second Principal Meridian, containing 0.021 acres of land, more or less. GL LL CIO. Richard G. Rayback 87001 Registered Land Surveyor No. 870015 STATE OF September 28, 20101 ov To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey for River Rd. from 126th St. to Northwood Dr." recorded as instrument Number 2007016178 in the Office of the Recorder of Hamilton County, Indiana, (incorporated and mode a part hereof by reference) comprise o Survey,in accordance with Indiana Administrative Code 865 [AC 1 -12, "Rule 12 Historic Fort Harrison Engineering 8001 Otis Avenue Surveying Indianapolis, Indiana 46216 -1037 Landscape Architecture 317 -826 -7100 GIS LJS 317- 826 711 0 FAX Geology Form 9 Request for Taxpayer Give form to the (Rev. October 2007) Identification !Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) Robert D. Boxell 0 Business name, if different from above a C O a o Check appropriate box: Individual /Sole proprietor El Corporation El Partnership Exempt Y P Y 9 dY• P P P) P 2 Limited liabilit corn an Enter the tax classification D =disre arded ent C =cor oration, P= artnershi payee o Other (see instructions) P- Address (number, street, and apt, or suite no.) Requester's name and address (optional) cL v 6330 Northwood Drive City, state, and ZIP code rn. Carmel, IN 46033 List account number(s) here (optional) co Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid. ecurity number backup withholding. For individuals, this is 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 chart on page 4 for guidelines on whose Employer identification number number to enter. Certification Under penalties of perjury, 1 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). 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 page Sign signature of n Here U.S. person I'. Date Ow o General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless A individual who is a U.S. citizen or U.S. resident alien, otherwise noted. A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) An estate (other than a foreign estate), or to report, .for example, income paid to you, real estate A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701 -7). abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W -9 only if you are.a U.S. person (including a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note: If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W -9. The U.S. owner of a disregarded entity and hot the entity, Cat_ Nd. 10231X Form W -9 (Rev. 10 -2007) Associated Right-of- ay Services, Inc. November 22, 2010 Robert D. Boxell Peggy L. Boxell 6330 Northwood Drive Carmel, IN 46033 RE: Project: River Road Path Parcel: 2 Owners: Robert D. Boxell and Peggy L. Boxell Dear Landowners: Thank you for sharing your time with me on Friday. I've enclosed a copy of the documents you signed on Friday. Because of the possible pending sale of your property, we would like you to share these documents with your realtor. It would be necessary for the City of Carmel's Warranty Deed to be recorded prior to the deed that transfers your property to the new owners or the portion of your property that is being acquired by Carmel to be excluded from the legal description of the property being transferred to the new owners. It is the normal practice of Carmel not to record its deed until payment is made to you. The City may decide to record the right of entry. If that decision is made, a notary certificate would be attached to that document. I would be glad to discuss this with you or with your realtor. Don't hesitate to call me at 322 -0489. Please keep me posted on your address. Sincerely, G� Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana 1311 N Arlington Ave Suite 209 Indianapolis Indiana 46219 (317) 322 -0489 FAX: (317) 322 -0589 Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 207 (Rev, 1995) CITY OF CARMEL 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. Payee Robert D. Peggy L. Boxell Purchase Order No. 6330 Northwood Drive Terms Carmel, IN 46033 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) nla nra ROW Acquisition (Boxell) $1,150.00 River Road Path please send check o Engineering Department for p/u by Crossroad Engineers Total I 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 VOUCHER NO. WARRANT NO. ALLOWED 20 Robert D_ PPgaj L RnxPll IN SUM OF 6330 Northwood Drive Carmel, IN 46033 $9,150.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the n/a nla 2 2 S1 ,150.00 materials or services itemized thereon for which charge is made were ordered and received except 20 Signature 7���nhot� n� VIAL -u Cost distribution ledger classification if Title claim paid motor vehicle highway fund