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HomeMy WebLinkAboutPennsylavania/103rd - 106th - Parcel 2 Hartman Howard/Marlene Q 1 gg DULY ENTERED FOR TAXATION k 0 $ub'ect to fir l tiG t nne for�sfer Project Pennsylvania Street 1 p 103 Street to 106 Street .,,.,day Of d ir 2052.. Proj ect 06-18 0 Parcel 2 htPli ud itor of Hamilton County Parcel A Al WARRANTY DEED THIS INDENTURE WITNESSETH THAT Howard R. Hartman and M. Marlene Hartman, husband and wife (individually and collectively the "Grantor convey and warrant to the City of Carmel, Indiana the "Grantee for the sum of Fifteen Thousand and 00 /100 Dollars ($15,000.00) 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 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. A. tic IN WITNES WHEREOF, Grantor has caused this Warranty Deed to be executed this w day of -6(4 2007. 0 WARR DEED 22.00 :I*• 7- GRANTOR: rinim7:704/Tfd32e0e2o07 10 51: 48A 4 PGS ;its: F 0.; t D ;L r J Hayden ti:,n corder IN :a1.1i. .'l r� N County Re '�,��y �Y� U GC2 v LC�ti t� sented k; i ,A 7 d as Pre y g ;�F: Howard R. Hartman l l c� jf; 7i M. Marlene Hartman NOTARY CERTIFICATION STATE OF INDIANA i SS: COUNTY OF /,AIMS Before me the undersigned, a Notary Public in and for said County and State, personally appeared Howard R. Hartman 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 d day of 3 /y 2007. My Commission Expires: 0 6-- 0 Qe County of Residence: /142 t c3 d(e3111"Cc�c.. Notary Signature LC -iJ'3 /1 Notary Printed Name STATE OF INDIANA SS: COUNTY OF N AM 11-1/ Before me the undersigned, a Notary Public in and for said County and State, personally appeared M. Marlene Hartman 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 day of 2007. My Commission Expires: v7- 0 e County of Residence: ,2 ,��y Notary ignature 4LUcc �7D 1%/ 4 y Notary Printed Name 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 1 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 831464v1 2 EXHIBIT "A" Project: Pennsylvania Street (103 Street -106"' Street) Sheet 1 of 1 Parcel: 2 Fee A PART OF LOT FOUR (4) IN PENN -VIEW HEIGHTS, FIRST (1 SECTION, AS RECORDED IN DEED RECORD 139, PAGES 355 -356 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED PLAT, MARKED EXHIBIT "B MORE FULLY DESCRIBED AS FOLLOWS: Fifteen (15) feet, taken by parallel lines, off the entire west side of the following described property: Lot Number Four (4), In Penn -View Heights, 1 Section, a subdivision in Hamilton County, Indiana, as per plat thereof recorded in Deed Record 139, pages 355 -356 in the Office of the Recorder of Hamilton County, Indiana. CONTAINING 1,500 SQUARE FEET, 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, 2007, from the original deed records of the property described and was based upon plans prepared by GAI Consultants for the City of Carmel Pennsylvania Street Improvement Project (Project #06 -18), and dated October, 2006. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. TRENT E. NEWPORT o E"" /a, INDIANA LAND SURVEYOR �GiSTER� Q 4 NO. LS 29600021 No. LS 29600021 STATE OF 'crc.„.y•- E PARCEL: 2 DRAWN BY RDP 5 -30 -07 PROJECT: Pennsylvania Street (103rd- 106th) )(�IBI 7 CHEC BY TEN 5-30-07 PROJECT NO. 06 -18 SCALE 1" 50' COUNTY: HAMILTON OWNER: HARTMAN, HOWARD R. M. MARLENE SECTION: 11 RECORD DOCUMENT: INST. 2007027937 Date: 5 -21 -2007 TOWNSHIP 17 NORTH RECORD DOCUMENT: INST. 8805104 Date: 3 -23 -1988 RANGE: 3 EAST This plat was prepared from information obtained from the Office of the P Recorder of Hamilton County, and from plans prepared by 041 Consultants for the City of Carmel (Project No 06 -18) The basis of bearings for this plot and legal description are based upon on assumed bearing of S 00'00'00" W along the West Line of the Northeast Ouorter 1.j HATCHED AREA IS THE APPROXIMATE TAKING NW COR d© NE 1/4 NORTH miur SEC. 11 25' 0 25' 50' PC STA. 28 +55.56 UNE 'A' M SCALE 1 50' I (29 +29.83) 27 +00 57.81' Lot 3 1 1 Lot 24 w I 120' 120' ........■2 ssees■ 7 W N ti t II Penn View Heights R /W First Section 0 '°1 D.R. 139, Pgs. 355 -356 U O I w O Z C o °o Lot 4 Res. 'A' Lot 23 -°o L 101 °1 26+00 m lu c� /I 15' 1-- Z zo' o 120' P6 1 Q Lot 5 Lot 22 w r.-1 ZO _1Z +PL(23 +71.27) 43.21' PI STA. 22+30.89 UNE 'A' AREA (PARCEL 2) f�► SQUARE FEET PREPARED BY: SW COR TOTAL 12,000 NE 1/4 R/W TAKE 1,500 \`\\u\ omilln 11 RESIDUE 10,500 'G1ST A 0. s 2ssoco2� U 5 3o D STATE OF TRENT E. NEWPORT DATE [R0S5ROAD P REG LAND SURVEYOR NO L529600021 ENGINEERS, P. 1 �OIA� Transportation %'l� -.k STATE OF INDIANA p O SUR Development Consultants ilhrw „n 1 rrl\ 1', 3411 5 54114440 01. 41101 GROW. 14 46107 (311)760-1555 CRO55ROAD ENGINEERS -_PC- CLOSING STATEMENT Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information on every real estate transaction. The information provided below, except for the tax identification number, is adequate information to provide to a tax professional. FEE OWNER: Howard R. Hartman and Mildred Marlene Hartman ADDRESS: 10516 N. Delaware St., Indianapolis, IN 46280 DESCRIPTION OF PROPERTY: A part of Lot 4 in Penn -View Heights First Section as recorded in Deed Record 139, pages 355 -356 PROJECT: 06 -18 (Pennsylvania St. 103 to 106th) PARCEL: 2 COUNTY- Hamilton CLOSING DATE: PURCHASE PRICE: $15,000.00 LAND AND /OR ADMINISTRATIVE SETTLEMENT: 0.00 IMPROVEMENTS: $10, 500.00 DAMAGES: 4,500.00 we) certify that the above is true and correct and acknowledge receipt of payment. Fee Owners au a- 0 Signature Date Signature Date 3417 Sherman Drive Beech Drove, Indiana 46107 Tel 317.780.1555 Fax 317.780.6525 THE ORIGINAL DOCUMENT HAS A WHITE P.EFL ECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGLE TO VIEW. DO NOT CASH IF MOT PRESENT." A REGIONS MORGAN" KEEGAN 5 TRUST TRUST DEPARTMENT PARCEL #2 1-5 61-569 CHECK NO 5168166 P.O. BOX 830688 DATE BIRMINGHAM, AL 35283 -0688 PAYMENT TO HOWARD R HARTMAN AND MILDRED MARLENE HARTMAN FOR PAYMENT 07/17/07 CARMEL COIT 2006 CF- CONSTRUCTION OF PARCEL #2 ACCOUNT NUMBER: 81 9528 -06 8 PAY': flfl® ....$15,000.00 ONL CTS CTS PAY FIFTEEN THOUSAND DOLLARS AND ZERO CENTS TO THE HOWARD R MILDRED MARLENE HARTMAN CHECK VOID AFTER 6 MONTHS REGIONS BANK ORDER BIRMINGHAM, AL OF i i y a/12 4 1, II 1 68 1 6 60 1:062005690 03 00?? 2348" CITY POF UARIVIEL JAIv1ES BR,AII'ARD, IVLAY )I; ADMINISTRATIVE SETTLEMENT MEMORANDUM To: Stephen C. Engelking Director Department of Administration From: Allen D. McFearin Associated Right of Way Services, Inc. Re: Request for Administrative Settlement Project: Pennsylvania Street from 103 to 106 Parcel: 2 Landowner: Howard R. Hartman and M. Marlene Hartman Date: April 9, 2007 The City of Carmel made the Uniform Land Acquisition Offer to Howard R. Hartman and M. Marlene Hartman to acquire a portion of their property for the Pennsylvania Street from 103 Street to 106 Street Project. The offer was made by certified mail on March 8, 2007. The amount of the offer was $10,500.00 and was based upon the appraisal performed by Joseph C. Traynor Associates. In the Comparable Land Sales Grid contained in the appraisal, and the text accompanying it, two sales of the property at 103 East 106 Street were listed, as well as other comparable sales. The first sale occurred in August, 2006 with a square foot price of $10.47. The second sale occurred in November, 2007 with a square foot price of $16.19. The landowners believe that these comparables should govern the offer. The City appraiser did not agree. The City's offer was based upon a value of $7.00 per square foot. The landowners have agreed to accept an administrative settlement of $15,000.00, based upon a $10.00 per square foot value, and have agreed to execute a right of entry agreement. In support of the administrative settlement we list the following: DFPAH "I' \IE\'r (Jr ENG]\G!:KI \r, O \r'. Civic: SQL ARE, CARMEL. IN 46032 OFFICL 317.571 2441 FAx 317.571 2439 EMAIL engintrring')c:[1 in gm y First, were the City to proceed to file the condemnation case. testimony concerning the two sales of 103 East 106 Street would likely be presented, with the possibility that the eventual award may be higher than the amount of the administrative settlement. Secondly, should the City proceed to file the condemnation case, at a minimum the City will incur the costs for the court appointed appraisers and attorney fees, which costs would exceed the amount of the administrative settlement. Thirdly, accepting the administrative settlement would bring a present resolution to the question of the fair market value of the property rather than having that determination made at a later point in the condemnation process and the City would obtain a right of entry at this time. It is our recommendation that the City of Carmel approve the terms of the above described administrative settlement. This recommendation is approved. Stephen C. Engelking Director 0