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
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Street, Apt. No.; r
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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
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Attach tha
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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
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If YES, enter delivery address below: 'No
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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