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HomeMy WebLinkAbout168505 02/04/2009 CITY OF CARMEL, INDIANA VENDOR: 362486 Page 1 of 1 ,J ONE CIVIC SQUARE CARROLL W HASEWINKEL AND CHECK AMOUNT: $42,800.00 CARMEL, INDIANA 46032 LIVING TRUST 12121 SHELSORNE ROAD CHECK NUMBER: 168505 CARMEL IN 46032 CHECK DATE: 2/4/2009 DE ACCOUNT P O NUM IN VOICE NUM AMOU DESCRIPTION 2200 R4460500 19795 42,800.00 RIGHT OF WAY ,r. CHECK REQUEST FOR SECURED PARCEL Shelborne Rd 116`' to 131 St. PROJECT PROJECT NAME: 06 -21 Hamilton Co., IN NUMBER: PARCEL 5 DATE OF NUMBER: (Tax ID 17- 09- 32- 00- 00- 017.000) REQUEST O1 -08 -09 Carroll W. Hasewinkel Crystal B. Hasewinkel, Co- Trustees, MAKE CHECK 41 PAYABLE TO: The Carroll B. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28"' day of June, 2000 ADDRESS: 12121 Shelborne Road Carmel, IN 46032 AMOUNT OF CHECK: $42,800.00 `l If you decide to accept this offer of $42,800.00, 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 Carroll W. Hasewinkel and Crystal B. Hasewinkel, Co- trustees, The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28 day of June, 2000, landowner of the above described property or interest in property, hereby accept the offer of $42,800.00 made by the City of Carmel on this day of �PCe K-11;1 e v 2008. r Carroll W. Hasewinkel, Co- trustee, T Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28 day of June, 2000 Crystal B. Wasewinkel, Co- trustee, The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28 day of June, 2000 NOTARY'S CERTIFICATE c STATE OF 14 )SS: COUNTY OF 14W +L_rt N Subscribed and sworn to before me this day of ��cCMt�E 2008. n N My commission expires: 01 County of residence: e o P Signature �C Printed ALA REV -29 Code N/A STATEMENT OF THE BASIS FOR JUST COMPENSATION 1. This is a written statement of, and summary of the basis for, the amount established through a valuation process as just compensation for the purchase of this right -of -way for highway purposes. The amount set forth in Item 5 below is not less than the approved estimate of value. Public Law 91 -646 provides that 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 this acquisition is identified in the Acquiring Agency's recorded as: Project 06 -21 Parcel 5 Road Shelborne Road City /County Hamilton Owner(s) Carroll W. Crystal B. Hasewinkel 3. The area and type of interest being acquired: 0.639 Acres, permanent right -of -way 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. A 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 $42,800 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc. $NA c Other Damages (Itemize) Cost -to -Cure Estimate $NA d Temporary Right -of -Way $NA Total Just Compensation offered for this Acquisition is: $42,800 6. The amount in Item 5 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: 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: 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: 9. Remarks: Approved for negotiations Date Signature Form 36551 (Rev. 3/96) i E 7 )AN.Fs BRAIi\IARI), A/lAYOR UNIFORM PROPERTY ACQUISITION OFFER DATE: October 22, 2008 Carroll W. Hasewinkel PROJECT: Shelbome Road Abney Crystal B. Hasewinkel Point/Home Stretch Drive to north of 126` Co- trustees Street and Shelbome Road and 131 Street The Carroll W. Hasewinkel and Crystal B. Project 06 -21 Hasewinkel Revocable Living Trust, PARCEL: 5 dated this 28 day of June, 2000 FEE SIMPLE PARTIAL 0.639 acres 12121 Shelborne Road Cannel, In 46032 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 Shelbome Road Abney Point /Home Stretch Drive to north of 126 Street and Shelbome Road and 131 St Street Project 06 -21 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 $42,800.00 and, therefore, we offer you $42,800.00 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. ONE QvIc SQ(IARF, CARREL, IN 46032 OFFICE 317. 7 ?.2441 Fnx 17.j71?43 Hi ZE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Cannel 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 Cannel 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 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 Cannel 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 withdraA 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. If you decide to accept this offer of $42,800.00, 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 Carroll W. Hasewinkel and Crystal B. Hasewinkel, Co- trustees, The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28 day of June, 2000, landowner of the above described property or interest in property, hereby accept the offer of $42,800.00 made by the City of Carmel on this day of .2008. Carroll W. Hasewinkel, Co- trustee, The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28` day of June, 2000 Crystal B. Hasewinkel, Co- trustee, The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28 day of .Lune, 2000 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 z rJ 'A Er r n 0 Postage ?i.� fiJ Certified Fee 0 Postri M Return Receiot Fee Here (Endorsement Required) h Restricted Delivery Fee S (Endorsement Required) w �a r -9 Total Postage &Fees 7 ED Sent To Street, Apt. No.; r or PO Box No. 12-1 Z S City, State, ZIP +4 B Complete items 1, 2, and 3. Also complete A 3i o item 4 if Restricted Delivery is desired. Print Your name and address on the reverse X so Agent Attach tha th s card r to the back of the mailpiece, B. Rece ived b 0 Addressee or on the front if space permits. 1 1 J Y nted Nam C. Date of Delivery 1. Article Addressed to: D. Is delivery ery address different from em 1? El Y If YES, enter delivery address below: 'No a �rcc s r 7 eQ r v Nit J e dB /rz 3 Service Type �sz �JJ c 2 S L1 ve. -a, j Certified Mail 13 Express Mail 13 Re g is t ere d 1 2- j 2 g C Z 3yM Z e9 stered Return Recei t for Merchandise 13 Insured Mail p f'lc2 ❑C.O.D. 4. Restricted Delivery? 2. Article Number (Extra Fes) 13 Yes (Transfer from service label) ?008 18 3❑ 0002 PS Form 381 1, Februa 6 8 2 9 502? Februar 2004 Domestic Return Receipt 102595-02 -M -1540» Project: Shelborne Road Abney Point /Home Stretch Drive to north of 126 Street Project 06 -21 Parcel 5 WARRANTY DEED THIS INDENTURE WITNESSETI -I THAT the Carroll W. Hasewinkel and Crystal B. Hasewinkel, Co- Trustees, The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28` day of June, 2000 (individually and collectively the "Grantor convey and warrant to the City of Carmel, Indiana (the "Grantee for the sum of Forty -two Thousand Eight Hundred and 00/100 Dollars ($42,800.00) 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 Exhibits 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. Tlig undersigned person executing this deed represent and certify on behalf of the Grantor that she is the trustee `_of the Grantor, has full authority to manage the affairs of the Grantor and sign and execute documents on its behalf, and that her authority has not been revoked; that she is therefore fully authorized and empowered to convey to the City of Carmel, Indiana real estate of the Grantor, and that on the date of execution of this Warranty Deed, she had full authority to so act. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this day of �Pce�^-fit/ X008. GRANTOR: Carroll W. Hasewinkel Co �Rls The Carroll W. Hasewinkel and Crystal B. I- lasewinkel Revocable Living Trust, dated this 28` day of .June, 2000 Crystal B. Hasewinkel, Co- Trustee. The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28` day of June. 2000 NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OF RfAP(Il Before me the undersigned, a Notary Public in and for said County and State, personally appeared Carroll W. Hasewinkel, Co- Trustee, The Carroll W. I- lasewinkel and Crystal B. I- lasewinkel Revocable Living Trust, dated this 28' day of June, 2000, 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 200 My Commission Expires: --o l r County of Residence: N ary Signature C Notary Printed Name t f` J 0.• STATE OF INDIANA r4 COUNTY OF /�J (L %Z r t't.; i, a Before me the undersigned, a Notary Public in and for said County and State, personally appeared Crystal B. Hasewinkel Co- Trustee, The Carroll W. I lasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28' day of.lune, 2000, 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. i' %7 WITNESS my hand and Notarial Seal this f day of 2008. 2008. rj My Commission Expires: G' 6' County of Residence: n !'L�'L- L, Notary Signature Notary Printed Name dLI C 1 i2 83 1464v 1 This insll'ument was prepared by DOUgIas 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 831464v 1 3 EXHIBIT "A" Project: Shelborne Road (116 -131 Street) Sheet 1 of 1 Project No.: 06 -21 Parcel: 5 Fee Simple A part of the Northwest Quarter of Section Thirty -Two (32), Township Eighteen (18) North, Range Three (3) East, Hamilton County, Indiana, and being that part of the grantor's land lying within the Right -of -Way lines depicted on the attached Right of Way Parcel Plat, narked Exhibit "B described as follows: BEGINNING at the Southwest Corner of said Northwest Quarter; thence North 00 degrees 00 minutes 33 seconds East a distance of 660.00 feet along the West line of said Quarter Section, to the north line of the grantor's land; thence North 89 degrees 24 minutes 01 seconds East a distance of 40.00 feet, along said grantor's north line, to the point designated "112" on said Exhibit "B"; thence South 00 degrees 00 minutes 33 seconds West a distance of 550.96 feet to the point designated "111" on said Exhibit "B thence South 14 degrees 55 minutes 20 seconds East a distance of 77.62 feet to the point designated "110" on said Exhibit "B thence South 00 degrees 01 minute 04 seconds East a distance of 33.83 feet, to the South line of said Quarter Section; thence South 89 degrees 24 minutes 01 seconds West a distance of 60.02 feet, along said South line, to the PLACE OF BEGINNING. Containing 0.639 acres, more or less, inclusive of the presently existing right -of -way which contains 0.182 acres, more or less. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this description was prepared by me on May 30, 2008, from information obtained from the Office of the Recorder of Hamilton County, Indiana and plans prepared by R.W. Armstrong Associates, Inc. for the City of Carmel (Project #06 -21 TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 PARCEL: 5 py 17 DRAWN BY KMK 5 -30 -08 PROJECT 06 -21 (Shelborne Road) E X H I BIT CHECKED BY TEN 5 -30 -08 COUNTY: HAMILTON SCALE 1" 200' SECTION: 32 OWNER: CARROLL W. CRYSTAL B. HASEWINKEL, CO— TRUSTEES TOWNSHIP: 18 NORTH RECORD DOCUMENT: INSTR. #200000033174 RANGE: 3 EAST HATCHED AREA IS THE APPROXIMATE TAKING 053 30 /29 NORTH 31 32 goo• zoo' SCALE 1'= zoo' 40 +00 e 39 +00 38 +00 N in 37 +00 C o 0 36+00 a t 35 +00 n1 34 +00 o" r7 31 110 33 +00 31 3 108 1053 Parcel Coordinate Chart (Shown in Feet) Point Centerline Station 0 set Northinq as in 108 PR—A 33 +00.00 60.00 44662.3613 38203.3749 110 PR—A 33 +50.00 60.00 44712.2707 38203.3595 111 PR —A 34 +25.00 40.00 44787.2739 38183.3714 112 PR—A 39 +75.96 40.00 45338.2356 38183.4590 0 532 PR —A P71 -T5 9 T 5. 69T 0.00 47312.9710 38143.7730 10533 PR —A I P.1.33 +15.54 0.00 44677.8170 38143.3540 Note: Stations and Offsets control over both Northing Easting Coordinates and Bearings Distances. PREPARED BY: To the best of my knowledge and belief, this plat was prepared from information obtained from the Office of the Recorder of Hamilton County, Indiana and plans prepared by RW Armstrong Associates, Inc. for the City of Carmel (Project No. 06- 2 1 n� �l A Trent E Newport Date Reg. Land Surveyor No. 29600021 Devel opment C Cons ultants State of Indiana 3417 s am&w ac. ara avcM a,m n17)7m -iss5 Associated Ri hit -of Se vices, Inc. TO: Jill Newport FROM: Allen D. McFearin RE: Project: Shelborne Road (06 -21) Parcel: 5 Owners: Carroll W. Hasewinkel and Crystal B. Hasewinkel Co- Trusteed The Carroll W. Hasewinkel and Crystal B. Hasewinkel Revocable Living Trust, dated this 28`" day of June, 2000 DATE: January 7, 2009 The above parcel is secured and ready for processing for payment as described in the enclosures. The following documents are enclosed: Uniform Property Acquisition Offer Acceptance of Offer (original) Receipt of Offer Warranty Deed (original) W -9 form (original) Sales Disclosure Form (original) Right of Entry (copy). The original right of entry was sent directly to Trent Newport The title work, dated June 5, 2007, indicated no mortgages. If you need additional information, please let me know. 1311 N. Arlington A S 209 Indianapolis. I ndiana 4621 (31 322 -0489 FAX' (331 322 -0589 Form 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) 0 The Carr W. Hasewi and Crystal B. Winkel Revocable Living Trust, dated this 28th day of June, 2000 cu Business name, if different from above C1 c 0 o Q Check appropriate box: 1:1 Individual /Sole proprietor El Corporation El Partnership Exempt Y v Limited liability company. Enter the tax classification (D= disregarded entity, C= corporation, P= partnership) p payee 0 3 Other (see instructions) c Address (number, street, and apt. or suite no.) Requester's name and address (optional) IL o 12121 Shelborne Road W City, state, and ZIP code to Carmel, Indiana 46032 ro List account number(s) here (optional) rn MM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid 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, 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. 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. Sign Signature of r 9 Here U.S. person Date General Instructions Definition of a U.S. per eu or federal tax purposes, you are considered a U.S. person are Section references are to the Internal Revenue Code unless otherwise noted. An individual who is a U.S. citizen or U.S. resident alien, 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 r 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 not the entity, Cat. No. 10231X Form W -9 (Rev. 10 -2007) 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. Payee Associated Right of Way Services, Inc. Purchase Order No. 1311 N. Arlington Avenue, Suite 209 Terms Indianapolis, IN 46219 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 1/22/09 21 -Jun Hasewinkel Parcel Shelborne Rd. 116th -131st $42,800.00 r y Total $42 on 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. of ALLOWED 20 IN SUM OF 1311 N. Arlington Avenue, Suite 20 Indianapolis, IN 46219 $42,800.00 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 2288-R 4468 0.0 rterials or services itemized thereon for which charge is made were ordered and received except ZkZ O� 20, ;�Z� Signature Cost distribution ledger classification if Title claim paid motor vehicle highway fund