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Home My WebLink About166406 11/24/2008 CITY OF CARMEL, INDIANA VENDOR: 362214 Page 1 of 1 0 ONE CIVIC SQUARE TABBERT HAHN EARNEST WEDDLES�PI CK AMOUNT: $4,000.00 CARMEL, INDIANA 46032 ONE INDIANA SQUARE, SUITE 1900 INDIANAPOLIS IN 46204 -2032 CHECK NUMBER: 166406 n c CHECK DATE: 11124/2008 DEP ACCOUNT PO NUMBER INVOICE NUMBER AMO UNT DESCRIPTION 202 4462830 29D010401PL1 4,000.00 116TH ST COLLEGE TO R M ■HALL Professional Corporation One American Square, Suitt 2000 ERENDER Box 82054, Indianapolis, IN 46282 KILLIAN HEATH 8c LYMAN w"w.liallrender.com David Honig E -Mail: dhonig @hallrender.com (317)977 -1447 November 10, 2008 Stephen. Engelking Director of Administration City of Carmel One Civic Square Carmel, IN 46032 .RE: City of Carmel, Indiana, v %Slagle— Cause No. 29D01- 0401 -PL -0015 Our Case No.: 983004 -93009 Dear Mr. Enuelking: Enclosed is a copy of the Agreed Finding and ,lodgment. Please take the appropriate steps to have the funds released from the City. Thank you for your assistance in this matter. Very truly yours, HALL, RENDER, K LLIAN, HEATH LYMAN, P.C. :David Honig DBH pSj/767373,1 Encdosures INDIANA KENTUCKY MICHIGAN WISCONSIN Y E MHALL Professional Corporation RENDER One r�me�ican Square, Suite 2000 Box 52064, Indianapolis, IN 46282 KILLIAN HEATH 8c LYMAN wx'halircnder.com David Honig E -Mail: dhonig @hallrender.com (317) 977 -1447 November 10, 2008 Joseph W. Hammes TABBERT HAHN EARNEST WEDDLE, LLP One Indiana Square, Suite 1900 Indianapolis, IN 46204 -2032 RE: City of Cannel, Indiana, v. Slagle Cause No. 29DO1- 0401 -PL -0015 Our Case No.: 983004 -93009 Dear Mr. Hammes: Enclosed is the original Agreed Finding and Judgment which my client and I have signed. After you and your clients execute same, please file with the Court and provide me with a copy. Thank you for your assistance in this matter. Very truly yours, HALL, RENDER, KILLIAN, HEATH LYMAN, P.C. David Honig DBH /psj /767371 vI Enclosure INDIANA KENTUCKY I MICHIGAN] WISCONSIN STATE OF INDIANA HAMILTON SUPERIOR COURT NO. 1 CITY OF CARMEL, Plaintiff, V. CAUSE NO. 29D01- 0401 -PL -15 ROLAND W. SLAGLE and RUTH ANNE SLAGLE, Husband and Wife Defendants. AGREED FINDING AND JUDGMENT Plaintiff, City of Carmel, by its attorney, David B. Honig, and Defendants, Roland W. Slagle and Ruth Anne Slagle, husband and wife (hereinafter, the "Slagles by their attorney, Joseph W. Hammes, concur in the findings set forth below and move the Court for judgment in this case. The Court, having examined the record in this case and being duly advised, now FINDS: 1. Plaintiff filed its Complaint for Condemnation of real Property ("Complaint") in this case on January 8, 2004, and all Defendants were served with notice as provided by statute. 2. On January 27, 2004, the Slagles, appeared by counsel. 3. On February 17, 2004, Defendant National City Bank, Indiana "National City appeared by counsel. 4. On March 30, 2004, the court appointed appraisers filed their Report of Appraisers, in which they conclude that Defendants are entitled to total just compensation in this case of Forty -five Thousand Dollars ($45,000). 5. On April 5, 2004, the Slagles filed Landowners' Exceptions to Appraisers Report and Request for Jury Trial. 5. On June 18, 2004, Plaintiff deposited with the Clerk of the Court funds equal to the amount of the court appointed appraisers' award and appraisers' fees. Thereafter, pursuant to the Order on Landowners' Verified Request for Payment of Appraiser's Award, entered on November 10, 2004, the Slagles filed their Written Undertaking as provided by IC 32- 24- 1- 11(d)(4), and withdrew Forty -five Thousand Dollars ($45,000) from the sum on deposit with the Clerk of the Court. 7. On June 21, 2004, the Court entered an Order of Appropriation which ordered real estate owned by Defendants condemned and appropriated to Plaintiff. 8. On November 8, 2004, Defendant, National City, filed a Disclaimer and Motion to Dismiss. On November 29, 2004, the Order Dismissing National City Bank, Indiana, was entered. 9. Plaintiff and the Slagles agree: (a) that the Order of Appropriation properly transferred ownership of the property to the City of Carmel on June 21, 2004; (b) that the Slagles shall recover Forty -nine Thousand Dollars ($49,000.00) as total just compensation for the real estate appropriated and any and all damages resulting from the appropriation; and (c) that the Written Undertaking filed by the Slagles shall be released and extinguished. 2 10. The Slagles now withdraw their exceptions to the appraisers report and their request for a trial by jury. IT IS ORDERED, ADJUDGED AND DECREED by the Court that Defendants, Roland W. Slagle and Ruth Anne Slagle, shall have and recover, as total just compensation for Plaintiff's appropriation in this case, the amount of Forty -nine Thousand Dollars ($49,000); the Plaintiff shall pay to the Slagles Four Thousand Dollars ($4,000), by payment on their behalf to "Tabbert Hahn Earnest Weddle in full satisfaction of this judgment and any and all of Defendants' claims in this case. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Written Undertaking, filed by the Slagles in this case, is hereby released and extinguished and the Clerk of the Court shall immediately show said Written Undertaking extinguished and released in all places that the Clerk caused the Written Undertaking to be filed and /or recorded. IT IS FURTHER ORDERED by the Court that the Clerk of the Court shall promptly send a certified copy of this Agreed Finding and Judgment to the Auditor and Recorder of Hamilton County, Indiana; that the Auditor shall remove the above described fee simple interest in real estate from the tax records and rolls of Hamilton County, Indiana and cancel all 2005 and subsequent years' taxes thereon; that the Auditor shall submit evidence of this removal from the tax records by United States mail to Joseph W. Hammes, One Indiana Square, Suite 1900, Indianapolis, IN 46204; that the Recorder shalt pursuant to IC 8- 23 -23 -1 and without paVment of fee record the transfer of the above described real estate and that the Recorder shall submit evidence 3 of that recordation, by United States mail to Joseph W. Hammes, One Indiana Square, Suite 1900, Indianapolis, IN 46204 AGREED TO AND APPROVED BY: Plaintiff: City of Carmel Defendants B Roland W. Slagle Printed: Stephen Engelkinq Title: Directo of Administration Ruth Anne Slagle By: By: Printed: David B. Honig Printed: Joseph W. Hammes Title: Counsel for Plaintiff Title: Attorney for Defendants SO ORDERED. Judge, Hamilton Superior Court No. 1 Distribution: Joseph W. Hammes i abbert Hahn Earnest Weddle, LLP One Indiana Square, Suite 1900 Indianapolis, IN 46204 David B. Honig Hall, Render, Killian, Heath Lyman, P.C. One American Square, Suite 2000 Box 82064 Indianapolis, IN 46282 4 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 Tabbert Hahn Earnest Weddles, LLP Purchase Order No. One Indiana Square, Suite 9900 Terms Indianapolis, IN 46204 -2032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) C use 29D01 -0401 (116th C -R) Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited sa$ &0Ddance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. L ALLOWED 20 Tahhort Hahn Earnest 1A eddlnc II P IN SUM OF One Indiana Square, Suite 1900 Indianapolis, IN 46204 -2032 $4,000.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members Po# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached i.nvoice(s), or bill(s) is (are) true and correct and that the Cause 29D01- materials or services itemized thereon for n a 202 -62830 which charge is made were ordered and received except /11 20 ignature Cost distribution ledger classification if tIE claim paid motor vehicle highway fund