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163867 09/17/2008 CITY OF CARMEL, INDIANA VENDOR: T357679 Page 1 of 1 ONE CIVIC SQUARE MATTHEW MITCHELL CARMEL, INDIANA 46032 25 GUILFORD CHECK AMOUNT: $6,200.00 on -a�� CARMEL IN 46032 CHECK NUMBER: 163867 CHECK DATE: 9/17/2008 DEPAR ACCOU P N UMBER INVO NUMB AMOUNT DESCRIPTION 2200 4460500 6,200.00 RIGHTS -OF -WAYS 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 Matt D. Mitchel Purchase Order No. 25 North Guilford Road Terms Carmel, Indiana 46032 Date Due Invoice Invoice Description Date number or note attached invoices or bills Amount PROJECT: Main Street and Guilford Side paths PARCEL: 1 X v r 0 Matt D. Mitchel Six Thousand Two Hundred and 00/100 Dollars $6,200.00 1 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 1 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 I VOUCHER NO. WARRANT NO. 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. REV -29 STATEMENT OF THE BASIS FOR JUST COMPENSATION L/A Code: 03/08 1 This is a written statement of, and summary of the basis for, the esf!4blishm:)n1 of the amount believed to be, through a valuation process, just compensation for the purchase of this right -of -way for highway purposes. The amount set forth in Item 5 below is not less 1 ar, h i f v a:.... I.. vh Il 1 r11 640 dod th U ni form Act as codified in In dia a 1. II10.1I th a CJt I1110.1G o V0.1UG. III ali�.Vl U0.111.0 VV101 I UUII�. La�VV 1'V-rV as amenuGU, at IC 8- 23 -17 -1 through 8- 23- 17 -35, this value disregards any decrease or increase in fair market value of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical deterioration within reasonable control of the owner. 2- The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and interest is being this acquisition is identified in the Acquiring Agency's records as: Des n/a Parcel 1 Road Main Street City /County Hamilton Owner (s) Matt D. Mitchel 3 The area and type of interest being acq 327 sq ft new 0.000 sq ft existing 327 sq ft total heT se areas are being acquired 77mp7e. The amount in Item 5 below includes payment for the purchase of all interests In the real property and no separately held interest is being acquired separately in whole or part except as may be explained in Item 8 below. 4- This acquisition is (check one): a. F total acquisition of the real property b. ®A partial acquisition of the real property. 5- The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real property is as follows: a. Total Land, Land Improvements and Buildings 6,200.00 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc.) c. Other damages (Itemize): Cost -to -Cure estimates Temporary Right -of -Way Total Damages: Total -amount believed to be Just Compensation offered for this Acquisition is: 6,200.00 6 The amount in Item 5 above may include payment for the purchase of certain buildings and improvements and their ownership shall pass to the Acquiring Agency. These buildings and improvements are identified as follows: None 7- The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment, Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows: Decidous tree, ornamental tree, asphalt driveway, seeded lawn, mailbox landscaping 8- Items owned by others (i.e lessee, tenants, etc.) included in Item 5 above are identified as follows: None 9- Remarks: Acquiring Agency: Consultant Reviewer: Signature `i Signature Name Printed l L' Name Printed Title r d,� f t.)iu't %i�;' Title Date f Date Form w Request for Taxpayer Give form to the (Rev. November 220005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name (as shown on your income tax return) F_. D Art C Ffc�L to c Business name, if different from above C 0 m fe ,ry't' Sal prop Corporation Partnership E] Other Exempt from backup Check appropriate box: jPSJ Sole proprietor withholding w Address (number, street, and apt. or suite no.) Requester's name and address (optional) a S C City, state, and ZIP code t Q. <2 4TZ /YCG_ d 3 z— m List account number(s) here (optional) m N Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Under penalties of perjury, I 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. person (including a U.S. resident alien). 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 4.) Sign Signature of 1 r J Here U.S. person Date P. (J U Purpose of Form An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number e A partnership, corporation, company, or association (TIN) to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or Any estate (other than a foreign estate) or trust. See contributions you made to an IRA Regulations sections 301.7701 -6(a) and 7(a) for additional U.S. person. Use Form W -9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships. Partnerships that conduct a person requesting it (the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct (or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued, income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W -9 has not been received, a partnership is required to 3. Claim exemption from backup withholding if you are a presume that a partner is a foreign person, and pay the U.S. exempt payee. withholding tax. Therefore, if you are a U.S. person that is a In 3 above, if applicable, you are also certifying that as a partner in a partnership conducting a trade or business in the U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on y United States, provide Form W-9 to the pad o y from a U.S. trade or business is not subject to the our share of partnership income. withholding tax on foreign partners' share of effectively connected income. The person who gives Form W -9 to the partnership for Note. If a requester gives you a form other than Form W -9 to purposes of establishing its U.S. status and avoiding request your TIN, you must use the requester's form if it is withholding on its allocable share of net income from the substantially similar to this Form W -9. partnership conducting a trade or business in the United States is in the following cases: For federal tax purposes, you are considered a person if you are: 0 The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 11 -2005) If you decide to accept this offer of $6,200.00, sign your name below and mail this fornl to the address indicated above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER 1, matt D. Mitchel, landowner of the above described property or in in property, hereby accept The offer of $6,200.00 made by the City of Camel on this 3 i $1 day of 2008. r Matt D. Mitchel NOTARY'S CERTIFICATE p Y Y j• STATE OF l u A N A )SS: COUNTY OF 1 b µc •.-r J) Subscribed and sworn to before me this day of 2008. My commission expires: County of residence: A14 2 AAA L!/ Lei ignature Printed Project: Main Street and Guilford Road Sidepaths Parcel 1 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Matt D. Mitchel (individually and collectively the "Grantor convey and warrant to the City of Cannel, Indiana the "Grantee for the sum of Six Thousand Two Hundred and 00 /100 Dollars ($6,200.00) 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 and Exhibit B, which are 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 Grantor. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 3 i S day of T Y 2008. GRANTOR: r I v Matt D. itchel NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared Matt D. Mitchel, 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 1 day of 2008. My Commission Expires: 16 County of Residence: tVotary 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, Carmel, 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 83 I464v 1 r EXHIBIT "A" Sheet 1 of 1 Project: Main Street Project No.: Parcel: 1 fee Simple A part of Lot 5 in Christie's Thornhusrt Addition to Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, page 59, in the Office of the Recorder of said County, and being all that part of the grantor's land lying within the right of way lines depicted on the attached plat, marked Exhibit "B described as follows: Beginning at the southwest corner of said Lot 5; thence North 01 degree 08 minutes 27 seconds East a distance of 15.00 feet, along the west line of said lot, to the north line of an easement conveyed by Bambi Burgess and September Shull to the City of Carmel, Indiana by Instrument Number 8820073 in the said recorder's office; thence North 01 degree 08 minutes 27 seconds East a distance of 41.19 feet continuing along said west lot line; thence Southeasterly 48.16 feet along an arc to the left having a radius of 60.00 feet and subtended by a long chord having a bearing of South 28 degrees 30 minutes 28 seconds East and a length of 46.88 to the north line of said easement; thence North 89 degrees 57 minutes 56 seconds West a distance of 23.19 feet, along the north line said easement, to the point of beginning. Containing'327 square feet, more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana Registered Land Surveyor, License Number 29600021, on the 4 day of June, 2008. 7/ E. N Trent E. Newport C<"IVD GISTf Indiana Registered Land Surveyor No. LS 29600021 29600021 TATE OF IANA �i9ND SUR` PARCEL: 1 IT 99 DRAWN BY RDP 06 -04 -08 PROJECT: Main Street CHECKED BY TEN 06 -04 -08 PROJECT No.: 06 -08 COUNTY: HAMILTON OWNER: Mitchel, Matt D. SECTION: 25 RECORD DOCUMENT: Inst. 9223184 (DATED: 06- 19 -92) TOWNSHIP: 18 NORTH RANGE: 3 EAST HATCHED AREA IS THE APPROXIMATE TAKING I Lot 4 109' Christie's Thornhurst Addition P.B. 2, pg 59 I N Lot 5 Lot 6 0 0 NORTH rY 0 40 80 O Q SCALE 1 40' 0r) CD 15' easement for utilities, N 'A streets sidewalk in favor of the City of O O Carmet, Indiana U Z 109' (Now Main St.) S.R. 234 (30' 1/2 R /W) PREPARED BY: ISTE p0 To the best of my knowledge and belief, this plat was prepared from RF information obtained from the Office of the Recorder of Hamilton County, N o. LS and from plans prepared by Eagel Ridge Civil Engineering Services, LLC for 29600021 the City of Carmel. l STATE OF I NDIAIA y� Trent E. Newport Date p v F Reg. Land Surveyor No. 29600021 Transportation k S U R State of Indiana Development Consultants 3117 S MUM tlL. RM ML M 10107 (317)79 M5 III CITE' 0 EL JAMES BRAINARD, MAYOR UNIFORM PROPERTY ACQUISITION OFFER DATE: June 24, 2008 Matt D. Mitchel PROJECT: Main Street and Guilford Road 25 North Guilford Road Sidepaths Cannel, IN 46032 PARCEL: 1 FEE SIMPLE PARTIAL 327 square feet 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. In this instance, the City of Carmel needs your land for the public improvement project on the Main Street and Guilford Road Sidepaths project and needs to take the land as described on the attached land plat and legal description. See Exhibit A and Exhibit B. It is our opinion that the fair market value of the property we want to acquire from you is $6,200.00 and, therefore, we offer you $6,200.00 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. DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARAIEL, IN 46032 OFFICE 317.571.2441 F.cx 317.571.2439 E>VLAIL engineering@carinel.in."cn- HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: I 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 whic 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 puhl1C 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 properrt to be acq>>ire I 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 Cannel 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 withdra 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 owner, Matt D. Mitchel of Hamilton County, Indiana on the day of 2008. BY: Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by certified mail: 7007 2680 0002 2732 0291 If you decide to accept this offer of $6,200.00, 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 I, matt D. Mitchel, landowner of the above described property or interest in property, hereby accept The offer of $6,200.00 made by the City of Carmel on this day of 2008. Matt D. Mitchel I NOTARY'S CERTIFICATE STATE OF )SS: COUNTY OF Subscribed and sworn to before me this day of 2008. My commission expires: County of residence: Signature Printed I EXHIBIT "A" Sheet 1 of 1 Project: Main Street Project No.: P arcel: i Fee Simple A part of Lot 5 in Christie's Thornhusrt Addition to Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, page 59, in the Office of the Recorder of said County, and being all that part of the grantor's land lying within the right of way lines depicted on the attached plat,-marked Exhibit "B described as follows: Beginning at the southwest corner of said Lot 5; thence North 01 degree 08 minutes 27 seconds East a distance of 15.00 feet, along the west line of said lot, to the north line of an easement conveyed by Bambi Burgess and September Shull to the City of Carmel, Indiana by Instrument Number 8820073 in the said recorder's office; thence North 01 degree 08 minutes 27 seconds East a distance of 41.19 feet continuing along said west lot line; thence Southeasterly 48.16 feet along an arc to the left having a radius of 60.00 feet and subtended by a long chord having a bearing of South 28 degrees 30 minutes 28 seconds East and a length of 46.88 to the north line of said easement; thence North 89 degrees J7 Minutes ✓6 seconds west a distance o f )Q 1 Q f ,-�t along tl,P nnrth linP cnM easement, to the point of beat ring. Containing 327 square feet, more or less. This description was prepared for the City of Carmel by Trent E. Newport, Indiana A (r• +erorl r and C'— T ic v n oc ViimbPr 29600021,.or. tilt- 4th flay of flint- /OOR 1�ebi.iwL�.0 Luuu vui v�.y vi, i. \1 Trent E. Newport ���15TER Indiana Re Land Surveyor No. LS 29600021 No. 29600021 STATE OF �/VD I AtA p� �qN 4 PARCEL: 1 n DRAWN BY RDP 06 -04 -08 PROJECT: Main Street EXHIBIT CHECKED BY TEN 06 -04 -08 rPROjEC i No.: 06 COUNTY: HAMILTON OWNER: Mitchel, Matt D. SECTION: 25 RECORD DOCUMENT: Inst. 9223184 (DATED: 06- 19 -92) TOWNSHIP: 18 NORTH RANGE: 3 EAST F7771 HATCHED AREA IS THE APPROXIMATE TAKING i Lot 4 109' Christie's ihornhurst Addition P.B. 2, pg 59 Iry Lot 5 Lot 6 0 0' 0 r ry NORTH 0' 40' 80' Q) L_ q O 1 �Cn,LF 1 40' N 1 C 7 15' easement for utilities, Q) 'P streets sidewalk in 3 favor of the City of U z Carmel, Indiana 109' (Now Main St.) f S.R. 234 (30' 1/2 R /W) PREPARED BY: E•NEw To the best of my knowledge and belief, this plat was prepared from A ��g15Tf R D f information obtained from the Office of the Recorder of Hamilton County, No. LS and from plans prepared by Eagel Ridge Civil Engineering Services, LLC for the City of Carmel. 29600021 L STATE OF �NDIANP Trent E. Newport Date F Reg. Land Surveyor No. 29600021 Transportation S U R State of Indiana Development Consultants 3417 S 9UH W_ HI61 WD.L N 410 (317)7�1Y5 Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER 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. Matt D. Mitchell Payee 25 North Guilford Road G a rmol IN 6032 Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) a Main Street and Uuiltordl i epa s arce 6,200.00 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. Matt D. Mitchetr- ALLOWED 20 fi lferd 46ad IN SUM OF Carmel, IN 46032 $6,200.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. 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 na a Z 00-4460500 $6,200.0 which, charge is made were ordered and received except 9Y 20 0,P ignature Cost distribution ledger classification if Tit claim paid motor vehicle highway fund