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HomeMy WebLinkAbout199648 07/20/2011 CITY OF CARMEL, INDIANA VENDOR: 365500 Page 1 of 1 ONE CIVIC SQUARE MARCELLLA PURSEL CARMEL, INDIANA 46032 CHECK AMOUNT: $6,990.00 FBO THE ARTHUR AND MARCELLA PURSEL REVOKABLE TRUST 1305 WEST DEES RD CHECK NUMBER: 199648 LAKELAND FL 33810 CHECK DATE: 7120/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 203 4462200 6,990.00 SIDEWALK IMPROVEMENTS Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CARMEL, INDIANA e 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. Paye T4u SS'E E �w QK� E' Purchase Order No. 1305 West Dees Road T n i Terms Lakeland, FL 33810 Date Due Invoice Invoice Description Date number or note attached invoices or bills Amount PROJECT: River Road Path Parcel 1 Fee Simple: 0.179 acres Tepiporary Easement 0.008 ages X Marcella E. Pursel Trustee U /D/T dated the 16 day of April, 2004 F /13/0 The Arthur and Marcella Pursel Revocable Trust X Marcella E. Pursel Life Tenant Six Thousand Nine Hundred Ninety and 00 /100 Dollars $6,990,00 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 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 Form W-9 Requ for Taxpayer Give form to the (Rev. October requester. Do not e Tr Identification Number and Certification Department of the Treasury Send to the IRS. Internal Revenue service Name (as Shown on your income tax return) Mar cella E. Purse] Ca Business name, if different from above CL c 0 a c Check appropriate box: Individual/Sole proprietor Corporation Partnership Exempt 0 �•U Limited liability company. Enter the tax classification (D= disregarded entity, G corporation, P= partnership) payee o 2 other (see instructions) Address (number, street, and apt. or suite no.) Requester's name and address optonal) a o 1305 West Dees Road City, state, and ZIP code Lakeland, FL 33810 y List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TfN in the appropriate box. The TIN provided must match the name given on line 1 to avoid alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (El". 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, I certify that: 1. The number shown on this fort 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 noted 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 4. Sin g Signature of �f Date Here U.S. person, General Instructions considered 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 r An individual who is a U.S. citizen or U.S. resident alien, otherwise noted. e A partnership, corporation, company, or association created or P u rpose of Form organized in the United States. or under the Paws 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) r An estate (other than a foreign estate), or to report, for example, income paid to you, real estate r 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 Foci 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 that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, 2. Certify Y J P 9 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. r The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 10 2007) If you decide to accept this offer of $6,990.00, 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, the landowners of the above described property or interest in property, hereby accept the offer of $6,990.00 made by the City of Carmel on this I 'Laday of 2011. Fe bt-"a c y Marcella E. Pursel Trustee U/D/T dated the 16` day of April, 2004, FB /O The Arthur and Marcella Pursel Revocable Trust Marcella E. Pursel Life Tenant NOTARY'S CERTIFICATE STATE OF )SS: COUNTY OF 9 e toibeto me s �.g_ d of QttAA 2011 s> y My commission expires: f County of residence: 00-A, Signature ?o MARCiA G. SCFIULTZ Notary Public State of Florida My Comm. Expires May 14, 2014 •�OF F6 Commission DD 981826 Printed If111 a.r.t (As to Marcella E. Pursel, Trustee U/D /T dated the 16' day of April, 2004, FB /O The Arthur and Marcella Pursel Revocable Trust) S rATE OF )SS: COUNTY OF (YdJ-.k Subscribed and sworn to before me this day of 2011 My commission expires: 5 L4 County of residence: Signature 01h PV pVB( I MARCIA G. SCHDLTZ 6 Ut +�yGL L rZ— Notary Public State of Florida My Comm. Expires May 14.2014 Printed -.OF Commission DD 981826 nant) REV -29 STATEMENT OF THE BASIS FOR JUST COMPENSATION 03108 L, /A Code: n/a 1 This is a written statement of, and summary of the basis for, the establishment 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 le than the approved estimate of value. In accordance with Public Law 91 -646 as amended, the "Uniform Act and as codified in Indian 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 da 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 intere this acquisition is identified in the Acquiring Agency's records as: Des River Road Path Parcel 1 Road River Road City /County Carmel Owner (s) Arthur Pursel and Marcella E. Pursel 3 The area and type of interest being acquired: 0 .179 acres of fee simple and 0.008 ac res of temporary easement. 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. EIA total acquisition of the real property b. ❑X 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 6,950.00 b .Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc.) c. Other damages (Itemize): Cost -to -Cure estimates: No cost to cure item will be required. Temporary Right -of -Way One area of Temporary Right -of -Way will be required. 40.00 Total Damages: 40.00 Total amount believed to be Just Compensation offered for this Acquisition is: 6,990.00 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: Established lawn, asphalt driveway and farm field fence. 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 Signature Name Printed C�NC &W64'1 Name Printed Title 2 Title i Date lf� //S e Date a y e� t C1 EL JAMES BRAINARD, MAYOR UNIFORM PROPERTY AND EASEMENT ACQUISITION OFFER DATE: January 4, 2011 Marcella E. Purse] PROJECT: River Road Path Trustee U /D /T dated the 16` day of PARCEL: 1 April, 2004, F /B /O The Arthur and FEE SIMPLE PARTIAL 0.179 acres Marcella Pursel Revocable Trust TEMPORARY EASEMENT: 0.008 acres 1305 West Dees Road Lakeland, FL 33810 Marcella E. Pursel Life Tenant 1305 West Dees Road Lakeland, FL 33810 The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your property and an easement across your property for certain public purposes. The City of Carmel needs your property and an easement across 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 and Exhibit B It is our opinion that the fair market value of the property and the easement we want to acquire from you is $6,990.00 and, therefore, we offer you $6,990.00 for the above described property and easement. 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. DEYARTNIENT or ENGINEERING ONE CIVIC SQUARE, CARIMEL, IN 46032 OFFICE 317.771.2441 FAx 317.771.2439 EMAIL en�ineerin �carmel.in.gov 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 and an easement across 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 and an easement, the City of Carmel has the right to file suit to condemn and acquire the property and the easement 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 an easement, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the property and easement 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 and easement 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 and 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 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, Marcella E. Pursel, Trustee U /D /T dated the 16 day of April, 2004, F /B /O The Arthur and Marcella Purse] Revocable Trust, of Polk County, Florida and Marcella E. Pursel, Life Tenant, of Polk County, Florida on the da of 2010. BY: Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer mailed by certified mail: 7009 1680 0000 2614 2897 (Marcella E. Pursel, Life Tenant) 7009 1680 0000 2614 1431 (Marcella E. Pursel, Trustee) If you decide to accept this offer of $6,990.00, 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, the landowners of the above described property or interest in property, hereby accept the offer of $6,990.00 made by the City of Carmel on this day of 2011. Marcella E. Pursel Trustee U /D /T dated the 16 day of April, 2004, FB /O The Arthur and Marcella Pursel Revocable Trust Marcella E. Pursel Life Tenant NOTARY'S CERTIFICATE STATE OF )SS: COUNTY OF Subscribed and sworn to before me this day of 2011 My commission expires: County of residence: Signature Printed (As to Marcella E. Pursel, Trustee U /D /T dated the 16 day of April, 2004, F /B /O The Arthur and Marcella Pursel Revocable Trust) 'STATE OF )SS: COUNTY OF Subscribed and sworn to before me this day of 2011 My commission expires: County of residence: Signature Printed (As to Marcella E. Pursel, Life Tenant) EXHIBIT A 4 3f'�U7"E Pl#39'52'21'4W 3.48' i994:0Q' pUMMINTRMT OF —WAY 0.1793: ASS (AMLM MR7H) 1 5 5 MI LT r Od AftIMR KJRSd. S,�' WAMANTY DEM 1St INST. 4 -28358 TE1�II ARY RMT NA Lj M ACAS 12478:2" Y !L Sam UNE arc SE 000, ME 114 Hus satsl M" fa833`31'07'W 34, T.M ME I alb tint. PiN 5.W 43222 FOUND PER COLIM SOM iii: f L4 SEC. 34 ^S 88I1'VE_ 1 9 4S PMwent Right —of —troy A part of the pr%erty described as Instrument t#urntrer 2(D4 28358 recorded is the t) H* of the Morton County Recce Iying in Sedbi 34, Tor WIP 18 Roth, Range 4 East of W Sec d Princ4W kl"Zr►, roars Porticuiarty deed as fatlov= Begbmurg at the northeast cww of said pro tty Mkh is 297,00 feet Worth and 199400 feet Vkst Of the southeast Cam of Ve Nest Q4 r'ter of Wd tioai 34, #mce South 33 depes 28 rninAds 41 sends ftt 13 IM 9 the eentafine of River Road a distonc a of 214.36 feet to maih line of said property, thence North 89 de pa 31 ma>er as 07 seconds Wed clang 501d south tie a cMMc:e of 43•.20 feet thence North 33 degrees 24 nrtautes 53 seconds East a distance of 214M feet to W 11crth The of scut praPeTty thence SW% 89 tlei rM 31 mt� 67 wtwds Iwast along staid north fine a dbtarree of 43.49 feet to the Pint of B02MI cwtoWng (1179 acM of land, more or less. �t NO* 4L -3 870015 a Richard a Raybock GTA,M G Registered Lc nd Se tyar No. 8700115 September 28, 2010 To the best 0; my kn and belief, this plat. tam with the %=dlon Control Pbute Survey for River ft f m 126th St. to Nair Dr.' recorded as Instrument Runta 7W7416178 in the Ewe of the R emn i er of Hamilton County, tndiiam, (incorparated and made o port hereof by refeeRce) compriss a Raute Suroay In acoordancc with lodloaa Admini itrative Code 865 IAC 1 -12, ('Matte 12'� Hlatarie Farb Harrison PET. 8901 Otis Oenue Inds" 8, Eadfa" 4921.0 -LO$7 /ttC��atUra -8, Lli'.9 317 825 -710 FA% Gaolagy T: 6k 6�S 402 dw s "4500 bit! ABS 1799794v1 3 EXHIBIT B SB931`07'E NW5Z21"W 3,4g' 1994.U0' r EOUNNT R GHT –n3E –WAY 0.179 )aE5 C `r 50 Q 2S 5D� 1�94.{m p'4 ARM PLM S5= 51 WARRANTY OEM e l KV, 12QD4- •28358 TDMARY RGHT –CF –WAY a 0,00ft ACRES 12+BL44 t K9 LN MMM 9 1 L ta Sam LK WST, Sat2M SE COP- NE 1/4 MM DvJHMVW= =15 SEC.. 34, T.1 -ON.. R.4E. Est SE i6()kl' V SOUARE IRON IN 5.A6 IMM PER O OMM Siam uwN NE 1 4 5'EC. sev "ort ff T�vrttcy Rl�st– of –Way A part of the property deed as Instrument Number 2004- •21358 rsearded &a of the RaKton CoOty Ei der 1*9 in Section 34, Tawaship 18 North, 9W 4 East at the Second NUWP deed as folol Comm=4 at the norOmst comer of said. property which is 207.00 fast Nar#1a and 1994.00 fact 11 of the Southeast Comer of the Northeast trotter of s6d Section 34; North 89 degr 31 minutes 07 sxmds West cdong the wth Ike of odd icy a distance of 4148 f thmc* South 33 degrees 24 minutes 53 0=49 a distMce of 144.12 feat to the Pobat of Bej g; thence South 33 degrees 24 mfrees 53 secore West a dstmce of 7009 feet to the south line of said preMt thence North 89 degnses 31 mi tes 07 so=& tllest along sold sough line o deltvnoe of 5.56 feel; tlsernas North JQ degrees 24 muwtes 53 secsceads East a destance of 73.47 feet; thence Shah, 55 degrees DO minutes 51 sn;cr Ewt a distwce of S -M feet to the Pmt af' 8eghaniehg, corltalrtahg Mon aces of land. more or less. W No. Richard a Rc*mk 870015 RegMered Land Suraeyor No. 87M5 SIAM at j Septemlw 28, 2010 To fie best of my knowledge and belief, this PK together with the "Location C9 W31 ROUte Sunray for Riff Rd. from 126th St. to Northwood Dr.' recorded as Instrument ftmber 2007016178 In the Office of the Recorder of Hamilton County, Indiana, (incorporated and mode a part hamf by refffentO comprise a Roane Survey in accordance with Indiana Adnaintstrat we Code 865 IAC 1 -12. Ome Historic Fart Oarrisou Enginoering Beat at€8 a—Aue S urveylag n�lsa'is. jadlaae 66216 -1.097 GIs �g s Arth tDOture 917 7100 schnliidw 917 -8828 -7110 FAX Geology' T tRt1� Sleitl') \e3rrns16b4Sf?07 Rtiihld. ABS 1799794vl 4 STATE OF SS: COUNTY Of SURVIVORSHIP AFFIDAVIT Marcella E. Pursel (the "Affiant being first duly sworn, deposes and says that: 1. Affiant is the surviving spouse of Arthur Pursel formerly Arthur Pursel, Jr. (the "Decedent who died a resident of a"X— County, on L41UUc_k e a o 0 9 2. Affiant and Decedent acquired the following described real estate in Hamilton County, State of Indiana, as husband and wife, prior to April 16, 2004. See Exhibit A attached And more commonly known as: 12190 River Road, Carmel, Indiana 46033 3. On April 16, 2004, Affiant and Decedent conveyed, April 16, 2004, said real estate to the Arthur and Marcella Pursel Revocable Trust Under Trust Agreement dated April 16, 2004 and retained a life estate for their joint lives with a life estate to the survivor. 4. Affiant and the Decedent remained married continuously from the date they acquired title to the above described real estate until Decedent's date of death. 5. This affidavit is made for the purpose of establishing Affiant's life estate interest in said real estate by virtue of surviving the Decedent. Dated this day of 201 l By. Printed: Marcella E. Pursel "Affiant" 1828166v1 STATE OF SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Marcella E. Pursel, who acknowledged the execution of the foregoing Survivorship Affidavit. WITNESS my hand and Notarial Seal this d'JL- day of 2011. Printed: /n6e -c 411 k 6(J� t 2 Notary Public My Commission Expires: My-co t y of Residence: y T--,- MARCIA G. SCHULTZ Notary Public State of Florida ec My Comm. Expires May 14, 2914 Commission DD 981826 1828166vI EXHIBIT A A part of the Northeast Quarter of Section 34, Township 18 North, Range 4 East, described as follows: Begin at a point in the center of the highway which is 297.0 feet North and 1994.0 feet west of the Southeast corner of the Northeast quarter of Section 34, Township 18 North, Range 4 East. Run thence West 361.0 feet to an iron stake; Thence South parallel with the East line of this quarter 180.0 feet to an iron state; thence east 253.0 feet to the intersection with the center line of this road. Thence northeasterly on and along the center line of this highway 210.5 feet to the place of beginning. Containing 1.27 acres more or less. 1828166v1 Project: River Road Path Parcel 1 TRUSTEE'S DEED THIS INDENTURE WITNESSETH THAT Marcella E. Pursel, Trustee of the Arthur and Marcella E. Pursel. Revocable Trust per Trust Agreement dated April 16, 2004 (the "Grantor conveys and warrants to the City of Carmel, Indiana (the "Grantee for the sum of Six Thousand Nine Hundred Fifty and 00 /100 Dollars ($6,950.00) 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 (the "Real Estate subject to any and all easements, agreements, restrictions and other matters of record. Grantor shall be responsible for the payment of all real estate taxes now outstanding against or which otherwise become due and payable for the Real Estate through and including the installment of real estate taxes due and payable through the November 10, 2011 installment. It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the land, that the Real Estate (excepting any parcels or portions thereof that are specifically and expressly designated as easements or temporary rights of way) is 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 Trustee's Deed to be executed this d--)- day of 2011. GRANTOR: Marcella E. Pursel, Trustee of the Arthur and Marcella E. Pursel Revocable Trust per Trust Agreement dated April 16, 2004 NOTARY CERTIFICATION STATE OP'.P4)bkhIA SS: COUNTY OF r-2 dC• Before me the undersigned, a Notary Public in and for said County and State, personally appeared Marcella E. Pursel, Trustee of the Arthur and Marcella E. Pursel Revocable Trust per Trust Agreement dated April 16, 2004, who acknowledged the execution of the foregoing Trustee's 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 2040. My Commission Expires: County of Residence: Notary Signature d 001 P "per?, =SCHULTZ LTZ C Notof Florida My C 14 2014 Notary Printed Name C81826 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 1799794v1 2 EXIMIT A I' 588'31'((7 139'S221� 1894:0(}' tP,NOT i�GIIT -0aF—WAY 0.17x± ACRES i RIN) 2p 5D 13+MM tEslB' L S56 OEf',51 AR1tdt1R PUM I WARFUJM I f I UNARY ,RIGHT --OE WAY 11 M ACRES Jam LT t2+> L Sa9tl►t LK IMMSMSE SE CM. NE 1/4 IM UXE)MIHMM fit SEC. 34, T.1Si't.. ME FEW SEC21�t Nl3'dl 07" 1' SOAK IFS P.N1 5.W FOUND PER C MWN SiT LRE HE 1 4 SEC. M S W731'07"E_ A RUERBa TIES Pernment Might -d -Woy A part of the ProPerty domed as kut meet Number 204- 28358 cep In the Me of The H=Itorl M Ey` der bang in 5ectim A TovnWlp 18 NO% Rorie 4 East of the SeCOM "dW Mui&M mom P wWcd y deed as fob= at the no rtheast corner of s2ld pro Y 297.{30 feet and 1944.(1!} feet Westt of o Sauthe ud Co H of the Northeast ojwter of said Sj Wm 34 Unite South 33 depw 28 minutes 41 secoro WaSt GIM9 'the centeriine of River Rood a dish of Z14,36 feat to the th Fie Of sole( PMpelty, thence t 89 31 minutes 07 se=ds Wed Mang said =A one a admae of 43.2(1 feet ttles�ae North 33 dopes 2 aftteu 137 seeoncb East o d1stance of 214M feet to tM north line of said pr+ wtN thence Swth Mi degren seconds East along =V north Ina a distonee of 43.48 feet to the fit of BegMb cwtahing (3:178 acres of lan4 more or less. f Rid+t�rd r� �ayb ZT„M Registered Land SurftyDr RQ 870015 'f.�! Septw9w 28. 2014 SEP To the best of rely knowledge and be K. thls plat. together with the "Loth Control Route S'vey for River from 1262, St. to Iksthwaad Dr.' retarded as fnstmrnent Nurriber 2W701 0178 in the Office of the Recorder of Hamiton County, h+dkM tjn orpor+sted and made a part hereof by referen s) comprise a Route Survey In accordw= with Indtond AcWewtrotive Code 865 IAC 1 -12, I:'f(ie 12"x. Mutarse 1rol+ n Q 0901 Otis 'Vats Fn apotls, IndWya +19228 1037 1.andscapa ArcbllsCEw 317- 8- 7£40Grclog�Yr� 317 -826 -7110 FAX 4 6445 002 s 644600 ow. ABS 1799794vi. 3 r Project: River Road Path Parcel: 1 QUITCLAIM DEED THIS INDENTURE WITNESSETH THAT Marcella E. Pursel, Life Tenant (individually and collectively the "Grantor quitclaims to the City of Carmel, Indiana the "Grantee for the sum of One Dollar ($1.00) 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. Grantor shall be responsible for the payment of all real estate taxes now outstanding against or which otherwise become due and payable for the Real Estate through and including the installment of real estate taxes due and payable through the November 10, 2011 installment. 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 Quitclaim Deed to be executed this day of ,2� 1 n 2011. GRANTOR: Marcella E. Pursel, Life Tenant NOTARY CERTIFICATION STATE OF SS: COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared Marcella E. Pursel, Life Tenant, who acknowledged the execution of the foregoing Quitclaim 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 3 day of 2011. My Commission. Expires: c /Y /r� f County of Residence: Notary Signature MARCIA G. SCHULTZ a Notary Public State of Florida My Comm. Expires May 14, 2014 Notary Printed Name Commission DD 981826 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 1092577 2 EXHIBIT A 41 Ll SW3t'07"E 3.48` 1994:10?' 1_ CR� of (AMM WRIO I N sa' so S5S'DO'S1''E I AR1111jR RiM I WAMAIM DEED INST. 12W-Am Ui r POB tltilf8t A1~RES 12+IH.44 L. H W 35T S€CAD@! 1`4 SEC. A TAR. R. ME fd8 3107 t W40.LU :S S l fR1 Pal �Uli t K 14 SEC 34 w 5 S9'31�ti7 rE_ Rff9ZM Permrutent Right —d-Woy A post of the property deed as hst went tIomber 2DD4 28353 rid 1 ft Office of the i M cmaly Rwarder IYing isr SeCUM 34. Toudgp 18 Na th, Rage 4 East of the Prls60 Mee d= more partiCulmly de=ibed as foam is 297,40 [eat 1+OM and 19KOD feet Wed of the Sol�tevst Beginning at to flartheat ores d stud prosy 2$ mhtrttes 41 sett West atatg the awff of the NtuZ=d Ihietrter of t Section 34; themae $oDU5 33 dew th No= 89 d 31 =tote of f8ues Rand a fate= of 214.38 feet to ithe too ith ties of said Mpwk y, a degrees 24 tufiss 3 1 m`tw es 07 e s West a1mg said south a ice of 43.20 festr 139 det s 1 €otiuttms 3 seeonds East a distance of 214-31 fast 10 #0 north line of said RmP?� O.S7 acres of le seaonds East dotg said north the a disto� of 43.48 feet to ft Pout of Begkmb more or I=& N 87+0 1 5 RWwd a Rgbm* srw1Z CW Registered l.ond S1e4}v r Ida Mt5 September 2% 2014 To fbB best of my knoltedge and 6eltef. this plat. iagettW with b)* �io:n Canted RauU SUM for Rive' Rd from 126th St. to Nor#. Os' roWded Its i ns t rume nt t 2fJ47U16176 in W Me of the Reaacder of Homlilm C=t)� tn&+ana. (4mwWated w1d made a part hereof by nef� oomptise a Route Survey In wrdm= m'th lndbo Ad Cods M IAC 1 -12, 11rt wAc Fort HarrIwU mi�Tc goal Otis Oeoue f#2dj�1?otls, In a. Q821P+ -L037 m Eecftsre f 317-8=-7100 ology W -828 -711.0 FAX T. ES 6445 OD2 s 544500 ZOW&S AB5 1799794x1 3 s r Cross Reference to Prior Deed of Record: Warranty Deed, instrument Number 200 40002835 in E the Office of the Recorder of Hamilton County, Indiana TEMPORARY EASEMENT AGREEMENT E made and entered into this This Temporary Easement Agreement {this "Agreement' is 2011 by and between M c ent dated April 16, E. Trustee 2004� day of and per Arthur and. Marcella E. Pursel ors the C o Carmel, India ("Grantee Marcella E. Pursel, Life Tenan RECITALS A. Grantors own certain real property (the "Grantors' Parcel located in Hamilton County, Indiana, more particularly described as follows: See Exhibit A attached hereto and incorporated herein. Public improvement project entitled River Ro B Grantee, in connection with Grantee's ement for the duration of the Project for purpos Path (the "Project"), requires a temporary an d/or adjacent to the Grantors' Parcel. of constructing that portion of the Project located up on an S temp orary easement area (herein referred to as the "Temporary Easement Parcel is more S p particularly described as follows: See Exhibit B attached hereto and incorporated herein. ation of the g recitals,* all of which are NOW, THEREFORE in con f t h e gran of easement and the mu tual prom es and incorporated herein by this reference, and o covenants set forth herein, the parties hereto agree as follows: I Tem oxar Ri hts Ac wired b Grantee. t During tt mpa Easement r Parcel hereby grant and convey to Grantee the exclusive right but not limited to, the storing for all purposes related to the construction of the Project, including, on the earlier of the date of of equipment and the staging of the construction of the Project. Up easement final completion of the Project or two (2) years from the dateEasement such Parcel o Grantors in shall terminate and Grantee shall return the Temporary substantially the same condition as existed prior to the c ommencement of the Project, except as reasonably modified by the Project. 2, Rights Retained by Gr antors. Grantors shall whom unto Grantors may gran whom grant r ights s or grantees, heirs, successors and assigns, and all others to and all purp oses and uses not easements, the right to use the Temporary Easement Parcel for any p regoing easement acquisition by Grantee, including without limitation the inconsistent with the fo t to install, use, maintain, repair and replace existing driveways over and across r right theTemporary Grantee as part of the Project, as well as the right of access Easement Parcel via Easement Parcel to and from public streets adjacent to the Tempo rary Grantors' existing driveway or any future driveway. 832365vi 1 3. Easement and Covenants Appurtenant The easement granted, created and made herein, together with all the benefits thereof, shall run with the Grantors' Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantors' Parcel, and shall bind Grantor and his grantees, successors and assigns. All covenants and agreements of the Grantors and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Grantors' Parcel and the Temporary Easement Parcel, as applicable, shall run with the Grantors' Parcel and the Temporary Easement Parcel, and shall inure to the benefit of and be binding upon Grantors and Grantee, as applicable, and their respective grantees, successors and assigns. 4. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions. IN WITNESS WHEREOF, Grantors and Grantee have executed this Agreement as of the date first written above. GRANTORS GRANTEE By. Marcella E. Pursel, Trustee of the Arthur and Marcella E. Pursel Revocable Trust per Trust Agreement dated April 16, 2004 Printed: Title: Marcella E. Pursel, Life Tenant STATE OF SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Marcella E. Pursel, Trustee of the Arthur and Marcella E. Pursel Revocable Trust per Trust Agreement dated April 16, 2004, and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this day of 1 2011. My commission expires: Notary Public I am a resident of County, Indiana Printed Name 832365v1 2 i STATE OF SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Marcella E. Pursel, Life Tenant, and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this day of 5 2011. My commission expires: Notary Public I am a resident of County, Indiana Printed Name This instrument was prepared by: Douglas C. Haney, Carmel City Attorney, 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 in this document, unless it is required by law. Douglas C. Haney 832365v1 3 Exhibit A A part of the Northeast Quarter of Section 34, Township 18 North, Range 4 East, described as follows: Begin at a point in the center of the highway which is 297.0 feet North and 1994.0 feet west of the Southeast corner of the Northeast quarter of Section 34, Township 18 North, Range 4 East. Run thence West 361.0 feet to an iron stake; Thence Souih parallel with the East line of this quarter 180.0 feet to an iron state; thence east 253.0 feet to the intersection with the center line of this road. Tbeme northeasterly on and along the center line of this highway 210.5 feet to the place of beginning. Containing 1.27 acres more, or less. 832365vt 4 EXHIBIT B SM1'07 E Ntf9'S2'21'VV 3.48' 1A 00' E Pi3ildfMENT R GW —OF —WAY 0.179} ACRES (AM&M Nam) E� SW.a 1'= 50' ,(C, 50 0 2S 5 4 Mir LT 1343tL00 �5'00'31'E �7Y DEM 5.00' f INST, J2004- -28356 �I TEMPORARY RIGHT-OF-WAY D..Wfth ACRES 12+8t44 d 35813 L w t2+7a29 solid+ tE WSL a SE COR., NE 1/4 a 3tb F�iST S SEC. 34, T.18N., R.4E. N89'3't'07 "W 4320' 1 SQUARE IRON lqN 5.96 FMM PER C01>I W Temporary t—of—Way SOUT LlNF, NE 1/4 SEC. 34 _S 8931'07'E WgE CE TIES A part of the property described as InsbvmMt Number 200 -28358 recorded h fhe Office of the Harndtw County ty Recorder tying in Section 34, Tovrnship 18 North, Range 4 East of the Secand Prblrapd isteAdJan, more MUcukrrty dc=*ed as follom Cm m sing at the northeast camel of said property which is 29704 feet North and 199COO feet Wed of the Swtheast C=er of the Northeast Qmrter of said Section 34; N ft 899 degnars 31 minutes 07 secards West along the north line of said property a distane of 4348 feat; thence South 33 degrees 24 minutes 53 soeW* Wed a distance of 144,12 feet Iva the Point of Begapling; thence South 33 degrees 24 minute's 53 secar+ds West a distance of 70.09 feet to the south iine of said propedx thence North 89 degrees 31 minutes 07 smoritt West Bang sold south line a d'r tone of 8.96 rset thence North 33 degrees 24 muwtes 53 seconds East a distance of 73.47 feet; 'thence South 55 degrees 00 rrmnrtes 51 seconds East a distance of 5,00 feet to the Past of Begianin% cantWnbg O.0d8 awes of land, more or less. C11 MW GL. L r "p No. N N Richard C. R 1 87001 s Registered Land 9owyor No, 87M5 STATE OF t September 28, 2410 'H A�� A To the best of my knrmledge and belief, this plot, together with the Imation Control Route. Survery for River Rd. from 126th St. to Northwood Dr.' recorded as instrument lumber 2Ox7016178 In the Office of the Recorder of Hamilton County, Indiana, Oncorporoted end made o part fteraof by referen.^e) comprise a Route Survey s1 accordance with tndumo kininistrative Code 865 IAC 1 12, f, We 1n. Ristoria Fort garrison EaginCesSng 8801 Mix Avejane Srxraeyla8 Iadieriapo2Ls, Indiana �$2i6 -1057 Laadscepe Arch tseture 317- 82$ -7LO0 GIs TIS Q'�' 317- 826 -7110 FAX Geology T•1Rr\�aae \rV><i \derma \S445bD2�20W.dtr4 ASS 1799794v1 A Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No_ 201 (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 Marcella E Pursel Purchase Order No. 1305 West Dees Road Terms Lakeland, FL 33810 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) nla nra ROW Acquisition (Pursell) $6,990.00 River Road Parcel Partial a e please send cneck to Engineering Department for p u tr' non no 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 Marcella E Pursel IN SUM OF 1305 West Dees R oa d Lakeland, FL 33810 $6,990.00 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 I lid 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 Signature Cost distribution ledger classification if Tltle claim paid motor vehicle highway fund