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HomeMy WebLinkAbout131st/Ditch - Springmill - Parcel 6/Miller, Thomas DULY ENTERED FOR TAXATION c Subject to final acceptance for transfer 2005000799 a `I day of Filed for Record in OC-�o 20 �S HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN (110 7-k, Auditor of Hamilton County 10-14 -2005 At 03:38 am. WARR DEED 18.00 Parcel 120 IJ L. J Form WD -1 WARRANTY DEED 8/98 Project: 131s Street Parcel: 6 Page: 1 of 2 THIS INDENTURE WITNESSETH, That Thomas R. Miller, the Grantor(s), of Hamilton County, State of Indiana Convey(s) and Warrant(s) to THE CITY OF CARMEL, INDIANA the Grantee, for and in consideration of the sum of Ten Thousand Three Hundred and NO/100 Dollars ($10,300.00) (of which said sum $5,030.00 represents land and improvements acquired and $5,270.00 represents damages) and other valuable consideration, the receipt of which is hereby acknowledged, certain Real Estate situated in the County of Hamilton, State of Indiana, and being more particularly described on the combined legal description and Right of Way Parcel Plat attached hereto as Exhibit "A which exhibit is incorporated herein by reference. This conveyance is subject to any and all easements, conditions and restrictions of record. The Grantor(s) hereby specifically acknowledge(s) and agree(s) that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor(s), or any successors in title to the abutting lands of the Grantor(s), notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and /or transfer by the Grantee or its successors in title, of a portion or all of the said Real Estate or any right of way, roadway or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor(s) and all successors and assigns. This Instrument prepared by: Stephen J. Klineman, Attorney at Law 8765 Guion Rd., Ste. D Indianapolis, IN 46268 Mail To: HGI Landacq Corporation 128 Torrey Pine Drive Brownsburg, IN 46112 I.C. 8- 23 -7 -31 Project: 131 Street Parcel: 6 Page: 2 of 2 IN WITNESS WHEREOF, the said Grantor(s) has executed this instrument this day of J %FM e) 2005. O lte144/0 0 Thomas R. Miller f STATE OF SS: COUNTY OF f 9 111\ Before me, a Notary Public in and for said State and County, personally appeared the Grantor(s) in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be i3 voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. 'Y o 'o 4 and Notarial Seal this Z1 day of 2005. mo. Sig n'a�ure n STEPHEN J. KLINEMAN I Notary Public, State of Indiana Printed Name p C, �y r alrior 4a 16, 2008 My Commission expires My Commission I am a resident of County. Historic For Harrison Engineering 8901 Otis Avenue 4 Surveying Indianapolis, Indiana 46216 -1037 Landscape Architecture 317 -826 -7100 GIS LIS S chneider 317- 826 -7110 FAX Geology I 0 I1311ST S 1 1- A `r N. LINE, N.W. 1/4, SEC. 28— T.18N. —R.3E. \________N.W. COR., S.W. 1/4, SEC. 28— T.18N. —R.3E. N88'57'52*E POB V1.00 PROPOSED RIGHT OF WAY WESTPARK AT SPRiNGMILL ;v°4 2 i o• 0.02 AC. OR SECTION TWO ¢2. w 1030 SQUARE FEET INSTRUMENT# 9023088 td P.C. #1 SLIDE #125 n LOT 46 ALICE MARIE GALLOWAY I WESTPARK AT SPRINGMILL 1 1 6 i SECTION TWO 0 INSTRUMENT# 9023088 7 P.C. #1 SLIDE #125 LOT 47 glikk THOMAS R MILLER l.• I I ASSUMED NORTH Land Description SCALE 1 =40 (Proposed Right of Way) Part of the Southwest Quarter of Section 28, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Beginning at the northeast corner of Lot 47 in Westpark at Springmill Section Two as recorded in Instrument 9023088 P.C. 1 Slide 125 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 10 minutes 29 seconds East along the East line of said Lot a distance of 44.25 feet; thence North 64 degrees 32 minutes 10 seconds West a distance of 42.08 feet to the northwesterly line of said Lot 47; thence North 41 degrees 26 minutes 43 seconds East along said West line a distance of 34.53 feet to the North line of said Lot; thence North 88 degrees 57 minutes 52 seconds East along said North line a distance of 15.00 feet to the Point of Beginning. Containing 0.02 acres, more or less. T: \4k \4359 \d++gs \4359002Parce16.dwg TP,L 03/25/05 Page 1 of 1 ALA REV -29 0 t)lb Code: STATEMENT OF THE BASIS FOR JUST COMPENSATION 0 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 9 -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 records as: Project 04 -01 Parcel 6 Road 131 Street City /County Hamilton Owner(s) Thomas R. Miller, 342 Fleetwood Court, Carmel, IN 46032 3. The area and type of interest being acquired: Fee Simple R/W: 1,030 sq. ft. 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 5,030.00 b. Severance Damages (i.e: Setback, Loss in Value to the Residues, etc.) 410 c. Other damages (Itemize): Cost -to -Cure estimates 1,140.00 Temporary Right -of -Way Total Damages: 1,140.00 Total Just Compensation offered for this Acquisition is: 6,170.00 6. The amount in Item 5 above 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: None 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: Lawn and 3 pine trees 8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows: (see separate appraisal for Westpark at Springmill Homeowners Association. 9. Remarks: /(e S Date Signature Form 36551 (Rev. 3/96)