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Home My WebLink AboutGray/106th-96th - Bottamiller, Donald 6.,(z3 9 7 r STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0408 -PL -735 CITY OF CARMEL, INDIANA, Plaintiff, FILED vs. MAY- 4 2005 DONALD BOTTAMILLER, C 2 HAMILTON SUPERIOR Cowvr Defendant. 200500031621 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 8 ORDER OF APPROPRIATION ORDER 05-24-2005 At 11:1 The Clerk of the Court, having certified pursuant to IC 32- 24 -1 -10 that Plaintiff City of Carmel has deposited with such Clerk a sum of money equal to (a) the amount determined by the Court- Appointed Appraisers to be due the Defendant named herein plus (b) the amount of such Appraisers' fee for performing such appraisals, the Court now orders that the real estate owned by the Defendant as described in Plaintiffs complaint and shown and described on the attached 0 EXHIBIT A, incorporated herein by this reference and needed by Plaintiff for the reconstruction, widening, and improvement of Gray Road in Carmel, Indiana, is hereby condemned and appropriated to Plaintiff. The Auditor of Hamilton County, Indiana, is hereby ordered to transfer the Real Estate on the tax records of such County to Plaintiff. The Clerk is hereby ordered to pay the fees of the three Court Appointed Appraisers, each such Appraiser to receive $750 from the amount paid to the Clerk by Plaintiff. The Appraisers and their mailing addresses are: Gordon Resler 1895 Conner Street Noblesville, IN 46060 Marshall Andich P.O. Box 494 Carmel, IN 46082 -0494 Dale Snelling 17980 Cumberland Rd. Noblesville, IN 46060. SO ORDERED THIS .1 "1 DAY OF M 6 2005. JUDGE HAMILTON COUNTY SUPERIOR COURT 1 Distribution: Robin Mills Hamilton County Auditor Government and Judicial Center 188 One Hamilton County Square Noblesville, IN 46060 Donald Bottamiller 9800 Gray Road Indianapolis, IN 46280 Donald L. Centers, Esq. Slaughter Kolas Centers 1040 East 86 Street, #42 -A Indianapolis, IN 46240 Robert A. Hicks, Esq. Hall, Render, Killian, Heath Lyman, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, IN 46282 152959_1.DOC /mkj 2 Exhibit A Fee Simple The East 70.00 feet of the following described real estate: Beginning at the Southeast corner of the North Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East, thence West along the south line of said north half 1124 feet to an iron stake, thence North parallel with the east line of said Southeast Quarter 193.77 feet to a point, thence East parallel with the south line of said north half 1124 feet to the junction of the east line of said quarter section, thence South along said east line 193.77 feet to the place of beginning. Temporary Easement A part of the North Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of the North Half of the Southeast Quarter of said section; thence West along the south line of said north half 70.00 feet to the Point of Beginning of this description; thence continuing West along said south line 50.00 feet; thence North and parallel with the east line of said north half 60.48 feet; thence Northeasterly 53.85 feet to a point 70.00 feet west of the east line of said north half; thence South and parallel with the east line of said north half 80.56 feet to the Point of Beginning and containing 0.081 acres, more or less. Page 1 of 2 1, Exhibit A OWNER: OOTTAMILLER, DONALD DRAWN BY: R.P. KORNAUS 4 -12-04 O. INSTRUMENT N0, 9609603197, DATED 1 -15 -96 CHECKED BY: T:J. COOMES 4 -29 -04 A PART OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 4 EAST P HAMILTON COUNTY, INDIANA �p p ��q SCALE: 1" 200' IIo APPROXIMATE TAKING E e 0 1 70' EXISTING HALF R/W 0 ct 70' PROPOSED R/W_ TEMP. R/W SE. CDR., N.1 /2, SE.1 /4 SEC. 8, 7 17 N., R.4 E. 60' EXISTING HALF R/W 1 1 HAMILTON COUNTY 8 g MARION COUNTY 17 7 96TH S TREE r 0 ,IIIIIII ►1(,,,, M 0, Rt Given under my hi d and s.1 l 1 y Date 1 No 910022 STATE Of si if 'l AIWA. �e'O 1ANP'' p v WILLIAM 0. RICHTER q� 6 SUR c '0` Registered Land Surveyor No. 910022 �rr itlli�illll,�, Clnln of Inrlinnn l STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0408 -PL -735 CITY OF CARMEL, INDIANA, FILED Plaintiff, MAY 2 6 2005 vs. CLERK �OF THE` DONALD BOTTAMILLER, AMILTON SUPERIOR Cr Defendant. 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') and Donald Bottamiller "Defendant The parties agree as follows: 1. Payment. Plaintiff and Defendant hereby agree to resolve this matter. Plaintiff agrees to pay Defendant the sum of Eighteen Thousand Six Hundred Fifty Dollars ($18,650.00). Such amount is in addition to the amount of Thirty -Three Thousand Five Hundred Dollars 1 ($33,500.00) determined by the Court- appointed appraisers to be due Defendants and previously paid by Plaintiff to the Clerk of the Court. 2. Drainage. Plaintiff will provide a gravity storm sewer outlet connection to the Gray Road storm sewer system. 3. Drive Radius. Plaintiff will provide turning radii equal to or greater than the radii on the existing Defendant's drive in an effort to allow for the turning movements of vehicles such as busses. 4. Construction and Design. Plaintiff will instruct the road contractor to construct the median opening in a manner that will adequately allow the turning movements of types of vehicles that currently utilize Defendant's drive. Plaintiff will instruct the road design engineer to establish slope transitions on Defendant's drive that will not cause busses leaving or entering the property to "bottom- out." Construction by Plaintiff of acceleration and/or deceleration lanes for Defendant's drive will not be required. 5. Defendant's Verified Request for Withdrawal of Deposited Award. The parties hereby request distribution to Defendant the amount on deposit with the Clerk, viz., Thirty -Three Thousand Five Hundred Dollars ($33,500.00), and in support of such request, Defendant states the following: a. Defendant 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 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 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 balance of appraisers' award without the requirement of surety. 6. Dismissal of Defendants from Proceedings. The parties request of the Court that Donald Bottamiller be dismissed as party Defendant from these proceedings with prejudice. 7. Effective Date. This Settlement Agreement shall become effective following execution by the parties and approval by the Court. 2 1 i l Plaintiff: City Carmel Defendant By: Donald Bottamiller Printed: Stephen Engelking Title: Director of Administration Approved By: Date: 5• Judge, Hamilton Superior Court 1 Distribution: David B. Honig, Esq. HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C. One American Square, Suite 2000 Box 82064 Indianapolis, Indiana 46282 Donald Bottamiller 9800 Gray Road Indianapolis, IN 46280 Donald L. Centers, Esq. Slaughter Kolas Centers 1040 East 86 Street, #42 -A Indianapolis, IN 46240 153607_1.DOC /mkj 3 �r4 k STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0408 -PL -735 CITY OF CARMEL, INDIANA, Plaintiff, FILED vs. MAY 2 6 2006 DONALD BOTTAMILLER, a o E l CLEOF TH E J Cv: HAMILTON SUPERIOR Cow Defendant. 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 Cannel deposited with such Clerk a sum of money that included Thirty -Three Thousand Five Hundred Dollars ($33,500.00), the total amount determined by the Court- Appointed Appraisers to be due the Defendant Donald Bottamiller, and the Plaintiff and the Defendant, having entered into a Settlement Agreement approved by the Court, the Court now orders that Defendant Donald Bottamiller be dismissed with prejudice from this proceeding and that the Clerk of the Court pay to the Defendant Donald Bottamiller the total amount o f Tlurty- Three Thousand Five Hundred Dollars ($33,500.00): So ordered this --s day of 2005. Judge, Hamilton Superior Court 1 SA) 0