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HomeMy WebLinkAbout131st/Ditch - Springmill - Parcel 18-Combs, Thelma DULYENTERED FOR TAXATION S ubject to final acceptance for transfer eft 20ai. Project: 131 Street Ditch Road to Springmill Road Project 06 -08 �.�•Ba>A uditorofHamiltonCounty Parcel 18 Parcel WARRANTY DEED THIS INDENTURE WITNESSETH THAT Thelma J. Combs, the surviving spouse of Billy Joe Combs, (individually and collectively the "Grantor convey and warrant to the City of Carmel, Indiana the "Grantee for the sum of Thirty -Seven Thousand One Hundred and 00 /100 Dollars ($37,100.00) 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. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this gd day of -_,/,2-0 /_p4 2007. GRANTOR: Thelma J. Com 2 DEED $23.0 Recorder IN Recorded as Presented NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OF H,l-1:'i L Before me the undersigned, a Notary Public in and for said County and State, personally appeared Thelma J. Combs, 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 2 te= day of 2007. My Commission Expires: County of Residence: 47tief'0 Notary Signature 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 I affirm, under the penalties for perjury, that 1 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: 131 Street (Ditch Road Springmill Road) Sheet 1 of 1 Project No.: 06 -08 Parcel: 18 Fee Simple All that part of the grantor's land lying within the right of way lines depicted on the attached plat, marked Exhibit "B being a strip of ground Fifty (50) feet in width by parallel lines off the entire south side of the following described lands: Part of the Northeast Quarter of Section 27, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point in the south line of the Northeast Quarter of Section 27, Township 18 North, Range 3 East, distant 765 feet East of the Southwest corner thereof, thence East on and along the South line of said Northeast Quarter 236.4 feet; thence deflecting 89 degrees 20 minutes to the left in a Northerly direction and parallel with the West line of said Northeast Quarter 662.7 feet; thence deflecting 90 degrees 45 minutes to the left in a Westerly direction 383.4 feet, more or less, to the centerline of a creek; thence following the centerline of said creek in a Southerly and Southeasterly direction, 260 feet, more or less, to a point which is 765.0 feet (measured parallel with the South line of said Northeast Quarter) East of the West line of said Northwest Quarter; thence South parallel with the West line of said Northwest Quarter 528 feet, more or less, to the place of beginning, containing 4.00 acres, more or less. Containing 0.271 acres, more or less, inclusive of the presently existing right -of -way which contains 0.054 acres, more or less. The portion of the above described real estate which is not already embraced within the presently existing right -of -way contains 0.217 acres more or less. This description was prepared for the City of Carmel by Trent E: Newport, Indiana Registered Land Surveyor, License Number 29600021, on the 6 day of February, 2007. NF TRENT E. NEWPORT E Wp INDIANA LAND SURVEYOR ���srF RFa o NO. LS 29600021 I No. 29600021 STATE OF L ND IAO' p� D S URD %i PARCEL: 18 DRAWN BY KMK 02 -06 -07 PROJECT: 131st Street (Ditch Road to Springmill Rood) CHECKED BY TEN 02 -06 -07 PROJECT No.: 06 -08 SCALE 1" 200' COUNTY: HAMILTON EXHIBIT 17 SECTION: 27 TOWNSHIP: 18 NORTH RANGE: 3 EAST OWNER: COMBS, BILLY JOE THELMA J. RECORD DOCUMENT: BOOK 214, PAGE 147 (DATED: 8/24/67) HATCHED AREA, IS AI APPROXIM TAKING THE Alit 26 0 383.4' II 1L i. Q CREEK L O 20' EASEMENT FOR SEWER IN EGIONAL WASTE DISTTRICTHIP Res. A co N In O O O O O O O O O O O N MO r7 M �O 126 -1- Ali INIP 765— A)/ Streit Line "a' 26 NORTH Point Centerline 'Station 'Offset Northing Eastinq roo' o roo zao' 28 NW COR, NE 1/4, SEC. 27 51449.0540 52679.3910 EN WE 21 "A" PI 150 +00.00 0.00' 50071.5430 54075.9450 11. 509 "A" PI 123 +67.22 0.00' 50047.3870 51443.2740 SCALE r 200' 6 "A" 124 +27.79 50.00'(L) 50097.9406 51503.3829 7 "A" +PL133 +69.19 50.00'((L 50106.5780 52444.7417 Note: Stations and Offsets control over both Northing PREPARED BY: te a E NE14,p Fasting Coordinates and Bearings Distances. To the best of my knowled a and belief, this plat was re P 0. LS Y 9 P prepared from 1 information obtained from the Office of the Recorder of Hamilton County, II 1 29600021 and from plans prepared by Crossroad Engineers for the City of Carmel 4, 1 (Project No. 06 -08). S TATE OF 2 2 6 (R055ROA s. S U R v DI y i ENGINEERS, PE Trent E. Newport Date Transportation Reg. Land Surveyor No. 29600021 Development Consultants State of Indiana 3417 i SNERWN OR. KUM CROW. IN 46107 (317)750 -1555 ©�Ci DUL1 r* b QD Subject to fina� l a for transfer a lrf 1 :`TATS OF INDIANA —day of 20.E SS: ,eo li,;t 7-04n414,1 Auditor of Hamilton County COUNTY OF HAMILTON Parcel #11 Oi Qp Oe>o Ono SURVIVORSHIP AFFIDAVIT Thelma J. Combs (the "Affiant being first duly sworn, deposes and says that: 1. Affiant is the surviving spouse of Billy Joe Combs (the "Decedent who died a resident of Hamilton County, Indiana, on September 28, 1 ci 91.0. i i 2. Affiant and Decedent acquired the following described real estate in Hamilton County, State of Indiana, as husband and wife, on August 24, 1967: See Exhibit A which is attached hereto and incorporated herein And more commonly known as: 720 West 131 Street 3. Affiant and the Decedent remained married continuously from the date they acquired title to the above described real estate until Decedent's date of death. 4. This affidavit is made for the purpose of establishing Affiant's ownership of said real estate by virtue of surviving the D Dated this day of A 208 `fit`{ Thelma J. ombs Affiant d 11_t STATE OF INDIANA SS: COUNTY OF HAMILTON -V6 °h;}f Before me, a Notary Public in and for said County and State, personally appeared fr14 C ii' r who acknowledged the execution of the foregoing Survivorship Affidavit. 2 WITNESS my hand and Notarial Seal this ZJ day of <�S -c; 20 By: Gac.�. :L5 a',`_ Printed: /coil j'f c r Notary Public My Commission Expires: 2007063264 AFF SURV $15.00 (7G c7 aft" 11/09/2007 12:29:32P 2 PGS Jennifer J Hayden HAMILTON County Recorder IN My County of Residence: Recorded as Presented ?/a 2(4 0 This instrument was prepared by 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 r T .w4 1I 0 7 0 f 1(D�L�$4,die. r IQ- G:. e AT.f'S A I p y T.E15 1 A 1 VS. '0 c: ,n a 1 I 1 7 f 51 g7} tea.. c "'.r I�— y-- F:c� c�l II Y T3''`� �u �a I j ^t a I I' r�i' ik� -iiy' .YaSyi :'f 04,v,, 7! C ta. n' o E I .,Vu y t .IP! e'u 1. 't 4 04 c' ii-- ,:os';e_"caL'�. 1�.J' �i p 11t t a ard r 1 .a e 6825 flrrati1 .Dr.Q A Rry THIS INDENTURE WITNESSETIi, That Fred .A. Shelton and Carolyn.H. Shelton,. husband and_wife o f 13amllton* County; in the State of .I ndiana .Convey &nd Warrant to •Billy Joe •Combs and. Thelma J, Corribs,, husband and wife mlitoti .,`Indiana Caunly in the State o Ha Ai. the sum of ONE DOLLAli AND OTHER VALU,P PlIS7DEPA,TION Dollat; the !shouting described )Leal Estate in Hamilton County; in the Statc of ladiana,-to Part of the Northeast Quarter'of Section 27, .Township 18 North, Range .3 East in arnilton County, Indiana, more particularly described aa'::followa; •Beginning at a` point in the South line. of the Northeast Quarter of Section 27, Township 18 North,: 'Range 3 East, .distant 765. feet East •of the Southwest corner thereof ;.thence;East •on and :alorg the South line of said Northeast Quarter 236,4 feet; thence deflecting 89 degrees 20 minutes to the left in a Nort, direction and parallel .vvith.the West line .of Said Northeast Quarter 662. 7 feet; thdnce deft ing 90 degrees •45 minutes to the •left in 'a Westerly direction 38 feet, more or less, to the centerline of"e creek;'thenc following the cetitcrline of said creek •in a Southerly and Southeasterly direction; 260 feet, more or less, :to a. point which is 765,.0 feet (rneasuz•ed. parallel with the. South line of said :Northeast Quarter)._East of the West. line of said llorthe; Quarter; thence South parallel with the West line:of Quarter•528 feet,. more .or`less', to the place of beginning;, containing 4. 00.acres, more or less Subject to all leg easements and rights of way':.: r .esi -1_,' K i.. DULY Y ENTERED FOR TAXATI n a; 1 >r of Subject tv .all taxes l 3 HarriiIton County IN WITNESS WHEREOF, The raid. Fred A. Shelton and Carolyti H, Shelton, husband and wife mi• Ve h eunto set th it i.hand 8' and .seal s 'his „day o A ugue t, 19, 67,• 1 ed A, :Sht 1ton s Caroly l-t: Shelton (Seal) (Seal) .(r-i) Thft. Instrument Recorder 196t S'L'ATE OP INDIANA, HA COUNTY, es; CHRRI0TTE.E.HAiL, RECORDER IiarAlhTOU COUNTY, IH4..' Before ma; the. undersigned; a Notary Publle in' and for, said; County and Statc,. personally. appeared the 'within d'amcd Fr ed A, Shelton and. Carolyn H, husband and wife' who acknowledged she exeattio_h of. the foregoing Decd to be` their voluntary act and deed,. r.1 j 'j TN WIESS, nay hand. and 1 �otaryscal this. day. of... flat t,',.f;7_'c: %j ldy comrrsron expires �,��..J m 19 ..67 k h v r /r Pripared JUstin A. Roberts, Attorney mss' Ci!4 G` Nft,c �ub 938 Conner Sircet, Noblesville,; Indiana.. (r or rrtnt> u' CIS_ OF €ARMFL _TAMES BRAINARD, MAYOR 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: 131 Street Ditch Road to Springmill Road Parcel: 18 Landowner: Thelma J. Combs, surviving spouse of Billy Joe Combs Date: September 1 8, 2007 The City of Carmel made the Uniform Land Acquisition Offer to acquire a portion of their property for the 131 Street Ditch Road to Springmill Road Project. The offer was made by in person on June 29, 2007. The amount of the offer was $34,925.00 and was based upon the appraisal performed by Joseph C. Traynor Associates. A second appraisal was performed by Dennis Otto. In his opinion, the value of the property being acquired was $37,905.00 The landowner rejected the offer, but has tendered a counter offer in the amount of $37,100.00. This an increase of $2,175.00. This counter is based upon the average of the two appraisals plus an additional $700.00 as compensation for an ash tree which is located outside of the new right of way, but has the possibility of being harmed as a result of the construction. In support of the administrative settlement we list the following: First, were the City to proceed to file the condemnation case, testimony regarding the value of the property in excess of the appraisal may will be introduced. This carries the possibility that the eventual award may be higher than the amount of the administrative settlement. DEI'\I I,\IE:T OF ENGINEERING ONE CIVIC, SQ Anti, CAR I L, IN 46032 Orrice 317.571.2441 FAx 317 .571.2.139 EIUAII, enginecring@c rmcI in g,,v 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. Assuming all other legal review and approvals are approved, 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 III CROSSROAD 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: Thelma J. Combs ADDRESS: 720 W. 131 Street., Carmel, IN 46032 DESCRIPTION OF PROPERTY: A part of the Northeast Quarter of Section 27, Township 18 North, Range 3 East, Hamilton County, Indiana PROJECT: 06 -08 (131 St. Ditch Road to Springmill Road) PARCEL: 18 COUNTY: Hamilton CLOSING DATE: PURCHASE PRICE: $37,100.00 LAND AND /OR ADMINISTRATIVE SETTLEMENT: 2,175.00 IMPROVEMENTS: $25,400.00 DAMAGES: 9,525.00 I (we) certify that the above is true and correct and acknowledge receipt of payment. Fee Owners J1111./j(ie Q. -1_6- Signat re Date Signature Date 3417 Sherman Drive Beech Brave, Indiana 46107 Tel 317•780•1555 Fax 317.780.6525 At, REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK 16630 61 -1 TRUST 620 2080012523 Date: 10/16/2007 Pay Thirty-Seven Thousand One Hundred DOLLARS AND NO CENTS "'37,100.00 To The Order Of THELMA J. COMBS 720 W 131ST STREET CARMEL, IN 46032 VOID AFTER 180 DAYS AUTHORI SIGNATU' II °L66300 1 :0620000L91: 00 L754L47611■ 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 -08 131 Street Parcel 18 Road 131 Street City /County Hamilton Owner(s) Billy Joe and Thelma J. Combs 3. The area and type of interest being acquired: 0.271 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 $25,400 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc. $9,300 c Other Damages (Itemize) Cost -to -Cure Estimate $225 d Temporary Right -of -Way $NA Total Just Compensation offered for this Acquisition is: $34,925 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 6 lidol tee 'Date Signatu Form 36551 (Rev. 3/96)