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HomeMy WebLinkAbout 11-15 1st Ave NE -Auction In formation and Buyer Backing out informationNOTICE FOR SALE Or REAL PROPERTY Notice is hereby given that the Carmel Board of Publio Works & Safety will hold an auction sale on the 21st day of September, 1994, at 4:30 p . m. on the second floor, City Council Chambers located at One Civic Square, Carmel, Indiana 46032. At the sale, the Carmel Board of Public Works & Safety will sell the real property which is legally described as follows: Part of Section 3o, Township 18, Range 4, more particularly described as follows: Being 10 rods East of the Northwest corner of Lot 1 Bethlehem, now Carmel, and run South 8 rods, thence East 5 rods, thence North 8 rods, thence West 5 rods, to the place of beginning, except a strip 7 feet wide off of the West side thereof, in Hamilton County, Indiana. The real estate is commonly known as g:1,`15-FirstAvenue NE Carmel, Indiana. Z/,c,vied - 1. Any person may submit written bide to the Office of the Carmel Clerk- Treasurer prior to the beginning of the sale. 2. Written bids shall be opened at the beginning of the sale and all persons, including the original bidders, may raise their bids from time to time during the course of the sale. 3. The sale may be continued from day to day. 4. The Carmel Board of Publio Works & Safety of Hamilton County has obtained, pursuant to Indiana Code, an appraisal of said property. No written bids will be received for less than Fifty Six Thousand Seventy Dollars ($56,070.00). 5. The sale of the property shall be contingent upon approval by the Carmel City Council and the Carmel Board of Public Works and Safety which shall make a determination of the highest responsible and responsive bid is acceptable; the successful bidder agrees to present a viable plan for use of the property. VO'd VLZE ELL LIE ON Xd1 SZ3A8. NOU IO E0;11 GM b6- L1 -env sale. 6. The Carmel City Council will adopt an ordinance approving the 7. The purchase price shall be as follows: a. Upon award of the contract by the Carmel Board of Public Works & Safety, ten percent (10 %) of purchase price payable in cash or certified funds to the Clerk - Treasurer of City of Carmel; and b. The balance of purchase price shall be paid within thirty (30) days after the approval of sale by the Carmel City Council. 8. The Carmel Board of Public Works & Safety of Hamilton County shall convey the property by a General Warranty Deed. 9. The Carmel Board of Public Works & Safety of Hamilton County shall remove any lien upon the real property which may be disclosed in a Title Insurance binder obtained by the successful bidder prior to closing. 10. Copies of the appraisal of the real property, obtained by the Carmel Board of Public Works & Safety of Hamilton County, is available for inspection in the Office of the Mayor of Carmel, Indiana. 11. The Carmel Board of Public Works, as disposing agent, reserves the right to reject all bids under Indiana Statute. 12. The Carmel Board of Public Works & Safety is selling the real estate As Is and makes no representations with respect to the condition of any improvements located upon the real estate. 13. Persons desiring to inspect the property should contact Phyllis Morrissey at 571 -2402. SO 'd CARMEL BOARD OF PUBLIC WORKS & SAFETY VLZC ELL LIC 'ON ?MI S113AO NO01100 CO:11 am h6- L1-0ld CITY ENGINEERS OFFICE AL4 ro, Gross Sq. Footage: 1400 FLOOR PLAN COMMONWEALTH;. OLD CI1Y ENGINEER'S OFFICE A. Inspection Summary Original Front Section: Unknown - Originally Justice of the Peace Building 1st Addition: 1972 ± 2nd Addition: 1980 Type Construction: Concrete Block Gross Square Footage: 1400 S.F. Electrical: Fair - 100 Amp Service, Fuses and Circuit Breaker Roof: Shingle - Fair Condition Heating: 105,000 Btu Gas Furnace - Good Air Conditioning: Yes - Size not Known Water Heater: 6 Gallons Insulation: 2" Styrofoam and Block Insulation Restrooms: Two (2) Floor Coverings: Indoor /Outdoor Carpet - Fair B. General Comments The building is sited on the same lot as the Meeting Hall and shares its current parking with the Meeting Hall. The building is in generally good condition and appears well insulated and tight. Since it is only 10 feet apart from the Meeting Hall, its ultimate use or disposal may be dependent upon the other. Replacement building value is estimated at $40,000. C. Alternative Uses /Disposal 1. Other Governmental Unit Office Space 2. General Computer or Paper File Storage 3. Sale for Business CITY MEETING HALL Gross Sq. Footage: 2200 FLOOR PLAN COMMONWEALTH MEETING HALL A. Inspection Summa►y Built: 1981 Roof: Good Condition - Shingle Heating: Good - Gas - 2 @ 150,000 Btu /Hr. Plumbing: None Electrical: Good Air Conditioning: Good - Two (2) 5 Ton Units Gross Square Footage: 2200 S.F. General Condition: Good Type Construction: Concrete Block - Fluted Insulation: Block Fill Water Heater: None B. General Comments Being the newest, this building is in the best overall condition.. It's potential uses are limited by the lack of plumbing and being on the same lot as the old City Engineer's Office building. The building's possible best use would be storage. It is also potentially the best property for possible disposal since there are the least needed repairs reducing the value. Replacement building cost estimated at $65,000 with sale value reduced by any modification for use. C. Alternative Uses /Disposal 1. Storage of Computer and Paper Files 2. Other Govemmental Unit Office Space 3. Sale for Commercial Use 4. Additional Community Meeting Space 6 The Christian Tape Library 330 North Range Line Road • Carmel, IN 46032 • (317) 844 -9999 • Fax: (317) 844 -8928 Mr. Gordon Byers Attorney at Law 136 S. 9th Street, Suite 318 Noblesville, IN 46060 Dear Gordon, March 1f 0;-1995 Post -it'" Fax Note 7671 Date 3 17 pagesI Z To .. From A/l ,6, Co. /Dept. Co. Phone # Phone # Fax # -- Fax # I received your February 25, 1995 letter outlining your proposed solutions to the survey problems on the 11 -15 First Avenue NE buildings. Instead of a quiet deed action or claiming adverse possession on the south property, you apparently chose to split ownership of the 13 ft. gap with the adjoining owners (the Keltner's). Since the Keltner's claimed they only owned to the fence line and their titlework disclosed no right to the 13 ft. gap, I am at a loss why you chose this approach. Bill Olsen, President of Hamilton Title, and I pointed out to you that this would not be a suitable solution. Although the proposed 6.5 ft. would then allow the actual building to reside within the boundaries of the lot, the central air conditioning unit would not. Further, since the building does not have any parking, my intention, from the first notification of the City's intent to sell, was to turn the 13 ft. grassy area into one parking space. Of course, that could not now occur without my negotiating with the Keltner's and compensating them for something that all bidders were led to believe was part of the parcel to begin with. Also, in your letter you referred to the City of Carmel conveying "all rights to the right -of -way, First Avenue NE or reflected as Main Street on the survey." On the survey I provided you, Main Street is not mentioned and these buildings are one -half (1/2) block north of Main Street, so I do not understand your statement. Considering I have fulfilled all the requirements set forth in the bid notice, have pointed out problems affecting the sale of the property, provided solutions to those problems, and have acted in good faith, I believe no fault can be attributed to me for not closing this purchase. For nearly six months the City of Carmel has held my $12,550 deposit. I awaited patiently for the deed problems to be solved. I have given my banker excuse after excuse, week after week, on why we could not close. To be approved for the mortgage loan, I had to spend $1,000 to pay for a 26 -page commercial appraisal and $947 for a survey to prove to you there were problems. At this point, I cannot devote any more time to this project. I have passed on other real estate opportunities simply because I was tying up my line of credit that was committed to this purchase. I can no longer wait on some future closing day. Mr. Gordon Byers - 2 March 10, 1995 Therefore, since the City of Carmel could not sell the property as stated, I am notifying you that I no longer want to be considered the purchaser. Please inform me in writing where I can pick up my deposit check. Also, since the City is responsible for not closing this transaction within thirty (30) days after the City Council approved the sale, I respectfully request I be reimbursed the $1,000 for the bank appraisal and $947 for the survey. Sincerely, Mike Keen Director cc: Mayor Ted Johnson Bill Olsen GORDON D. BYERS ATTOHNT"EY AT LAW 136 5. SWATH STREET SUIYE 316 NOBLESVILLE, INDLANA 46060 TELEPHONE (317) 7733221 April 3, 1995 Mr. Mike Keen THE CHRISTIAN TAPE LIBRARY 330 N. Range Line Road Carmel, IN 46032 Dear Mr. Keen: I have reviewed your correspondence dated March 10, 1995 with the Mayor as well as various members of the disposing agent, the Carmel Board of Public Works and Safety. Without addressing all of the issues in your letter, I can clearly say that your engineering survey that was provided to me, defined two (2) potential problems; one being located on First Avenue N.E. concerning access which has been resolved. I have conferred with your title company, specifically Mr. Olsen, in person, and indicated that we are prepared to transfer access to First Avenue N.E. and remove the seven (7) foot exception. Mr. Olsen indicated directly to me that that was satisfactory to him and he would be happy to insure over it. In addition, I conferred with Mr. Olsen concerning the issue raised by the deed gap which is indicated on your survey and, for your information, the deed gap has nothing to do with what you thought or what you understood. The legal description of the real estate that was advertised is exactly what is going to be conveyed. Also, the city, in preparation of splitting what appears to be an alley from the tax records with the adjoiner is prepared to do so and I have conferred with Mr. Olsen and he has indicated that that was satisfactory to him. So, whatever your subjective determinations of what was part of the parcel to begin with, I have no idea. The parcel is reflected exactly as advertised and as depicted in the survey. h l 7r C I I I T C C 1 till rrW,T r n ,tnmtnn * r , r , „ -„ -, Mr. Mike Keen April 4, 1995 Page 2 In addition, the city has conferred with your title representative based upon the title insurance and your survey to resolve any issues raised by that and we have done so to his satisfaction. Whether or not it satisfies you, 1 presuppose is not my obligation. However, the city is prepared to transfer back your deposit to you upon execution of a release and we will resell the real estate to a subsequent purchaser. Please contact my office and we will schedule the execution of the release and the return of your deposit to you. GDB /kd cc: Ted Johnson, Mayor Carmel Board of Public Works & Safety rr . r + i -r r i T r •n ;T Sinclerely, Gordon D. Byers nn'i i n unniinr pint n rr r 'T ru GORDON D. BYES ATTORNEY AT LAW 136 S. 9711 STREET SUITE 318 NOBLESVILLE, INDIANA 46060 TELEPHONE (317) 773 -3221 May 9, 1995 Carmel Board of Public Works & Safety One Civic Square Carmel, IN 46032 Re: Keen /Purchase of Real Estate First Avenue NE Based upon Mr. Keen's letter, I am asking that this be put on the agenda for direction, from the disbursing agent, the Carmel Board of Public Works & Safety, with respect to sale transaction and potential refund of earnest money deposit, etc. GDB /kd The Christian Tape Library 330 North Range Line Road • Carmel, IN 46032 • (317) 844 -9999 • Fax: (317) 844 -8928 Mr. Gordon Byers Attorney at Law 136 S. 9th Street, Suite 318 Noblesville, IN 46060 Dear Gordon, March 11 °0; 1995 f Post -it" Fax Note 7671 Date 3 % ! 7 pages ∎ Z To yv From 13/ /�� ,�� Co. /Dept. Co. Phone # Phone # Fax # — Fax # I received your February 25, 1995 letter outlining your proposed solutions to the survey problems on the 11 -15 First Avenue NE buildings. Instead of a quiet deed action or claiming adverse possession on the south property, you apparently chose to split ownership of the 13 ft. gap with the adjoining owners (the Keltner's). Since the Keltner's claimed they only owned to the fence line and their titlework disclosed no right to the 13 ft. gap, I am at a loss why you chose this approach. Bill Olsen, President of Hamilton Title, and I pointed out to you that this would not be a suitable solution. Although the proposed 6.5 ft. would then allow the actual building to reside within the boundaries of the lot, the central air conditioning unit would not. Further, since the building does not have any parking, my intention, from the first notification of the City's intent to sell, was to turn the 13 ft. grassy area into one parking space. Of course, that could not now occur without my negotiating with the Keltner's and compensating them for something that all bidders were led to believe was part of the parcel to begin with. Also, in your letter you referred to the City of Carmel conveying "all rights to the right -of -way, First Avenue NE or reflected as Main Street on the survey." On the survey I provided you, Main Street is not mentioned and these buildings are one -half (1/2) block north of Main Street, so I do not understand your statement. Considering I have fulfilled all the requirements set forth in the bid notice, have pointed out problems affecting the sale of the property, provided solutions to those problems, and have acted in good faith, I believe no fault can be attributed to me for not closing this purchase. For nearly six months the City of Carmel has held my $12,550 deposit. I awaited patiently for the deed problems to be solved. I have given my banker excuse after excuse, week after week, on why we could not close. To be approved for the mortgage loan, I had to spend $1,000 to pay for a 26 -page commercial appraisal and $947 for a survey to prove to you there were problems. At this point, I cannot devote any more time to this project. I have passed on other real estate opportunities simply because I was tying up my line of credit that was committed to this purchase. I can no longer wait on some future closing day. Mr. Gordon Byers 2 March 10, 1995 Therefore, since the City of Carmel could not sell the property as stated, I am notifying you that I no longer want to be considered the purchaser. Please inform me in writing where I can pick up my deposit check. Also, since the City is responsible for not closing this transaction within thirty (30) days after the City Council approved the sale, I respectfully request I be reimbursed the $1,000 for the bank appraisal and $947 for the survey. Sincerely, 6 Mike Keen Director cc: Mayor Ted Johnson Bill Olsen LASER. EDGE TEL:317-848-2805 To From r7 Sep 21,94 12:25 No.001 P.01 2009-4 E. Greyhound Pass Carmel, IN 46033 (317) 8482088 Fax (317) 848 2805 Fax Cover Sheet N.JelkinScSA-- 42 tqAcf-s-b _ P el ry act / d - Fax Number_244 "-31e7r 4e1K,,ns Date Number of pages 117as k- -JO )r)s o 1 (indudes cover sheet) e 1,-)6111 -c 4_ -Pk; : e rid co-) 4 Q us t. (w74 A- Fre4 0611 v at h Oho I-7as ar, ,\ocred,1,/, 0-p „vie cleyi -Nahe roilectit:des . 6-e rt. ;' s hi'lld6.1( oil I b.. yi . ,..1------- - - - h -141-e ■11]en/n OP C reert-■ vj (.1... iriu.Nftite o 4:- o --te fiN P1-0,-41 -t-h -e, 26i"11 .(' ell Li vi . ..:1•• , h't's b".ol. he o.);.11 be t K„' n LI ln_\.\-f VI 1 n.c ac ce.s.s, 4----, ( :\ . 4.< . . ri 1: - LA vid,- n lyis.0(..._,L,LL-1.16 1 . b -e Pr: .$ S' 'C rri .; 0 ) ry14.2 r ; LAYrtbri"u in 0 + Ls 01 /1 `it-ed 1.3 n a anek ot hafer A-110 t- tISI. cct b.e real; -e-r ck. els fhis o//-ccf.; /s•, e: 1, tx\ h 0,1 e osr-A ;,s :a. ssz, f ob i\ "ctAiiae awl 0 i Q r; .1 ; c a \ hti..4.)S_LtY G\ c&o. iibe„ 010 be (.1(A\ ar-e 6-( 1);i ■n-ieeri ‘: (4).N t t • If you did not receive all pages of this xi please give us a call and we will be happy to send them a ain. Call us for all your laserdise neeas! We are ready to help! MEID COMPTON REALTY CO. MEID COMPTON 846 -0861 MR. GORDON D. BYERS 136 S. 9th Street, Noblesville, Indiana Dear MR. BYERS: 2015 BROAD RIPPLE AVENUE INDIANAPOLIS, INDIANA 46220 REALTOR' 253 -3467 26 July 1994 JOHN M COMPTON 545 -7266 At your request I have prepared the attached appraisal of two office buildings located at 11 -15 First Avenue, NE, Carmel, Indiana, more specifically described in the accompanying report. The purpose of the appraisal is to estimate the market value of the property in fee simple. I personally inspected the property on the 18th of July 1994 and have gathered all the data I considered necessary to arrive at the value conclusion. As a result of the investigation and analysis of the information gathered, I estimate the market value of the property as of 18 July 1994 to be: SIXTY -TWO THOUSAND THREE DOLLARS -- -xx - -- ($62,300.) Mail Cws C FICr' 1 JUL 2 8 1994 ICE D COMPTON, MAI CG 67200851 MAYOR'S OFFICE Ti [JUL! 2 8 1994 MEID COMPTON 846 -0861 MEID COMPTON REALTY CO. 2015 BROAD RIPPLE AVENUE INDIANAPOLIS, INDIANA 46220 REALTOR' 253 -3467 19 July 1994 JOHN M COMPTON 545 -7266 APPRAISAL REPORT PROPERTY APPRAISED: 11 -15 FIRST AVENUE, NE, CARMEL, INDIANA DATE OF APPRAISAL: 18 July 1994 LEGAL: Part of NW Qt of Sec 30, T18N, R4E, known as Careys Addition. Parcel # 10- 30- 09 -05- 004.000. LOT. SIZE: 132' x 75.5 ft corner lot, city water and sewer, curbs and sidewalks. PURPOSE OF APPRAISAL: Market, Value DEFINITION OF MARKET VALUE: In terms of cash, the price a willing and informed seller would accept and a- amount an equally willing, informed an.. able purchaser would offer. See attached sheet for a complete definition of market value. DESCRIPTION OF IMPROVEMENTS: 1,992. sq ft freestanding I4iami Stone one story business building, blt in 1981, asph shg roof, wood DH windows, concrete slab, no bath, larger room approximately 24x34' plus one office room, gas FA heat and central air, general condition OK. 2nd building has 1272. sq ft concrete blk and frame, galv painted gutters and down- spouts, four rooms * bath, gas heat, central air, general condition OK, blt '81, OWNERSHIP: City of Carmel ESTIMATED IVIkRKET VALUE, as of 18 July 1994: $25,000. LAND M,300. IMPRO VEMENT S $62,300. TOTAL Iv D COMPTON, MAI 0G67200851 MEID COMPTON 846-0861 MEID COMPTON REALTY CO. 2015 BROAD RIPPLE AVENUE INDIANAPOLIS, INDIANA 46220 REALTOR' 253-3467 JOHN M COMPTON 545-7266 APPRAISAL REPORT FOR CITY OF CARMEL Type of Property: Urban Residential (Business Use) Location: 11 -15 First Avenue N.E., Carmel, Indiana. Owner: City of Carmel Tenant: N/A Legal Description: Part of the Northwest Quarter of Section 13, Township 18 North, Range 4 East, known as Careys Addition, Parcel Number 10- 30- 09 -05- 004.00 Lot Size: 132 X 75.5 feet, corner lot. Purpose of Appraisal: The purpose of this appraisal is to estimate the fair market value of the subject property, the fair market value of the part taken as permanent land, building improvements; the cost -to -cure items of physical damage to the residual, if any; and the amount of compensation for use of temporary or provisional right -of -way. The interest appraised is Fee Simple Estate unless otherwise stated. I hereby certify that I have inspected the real estate appraised and I have also reviewed and made inspections of the comparable sales relied upon in making said appraisal. The subject of comparable sales relied upon in making the data was reviewed by me. That to the best of my knowledge and belief, the statements contained are true and the information upon which the opinion expressed herein are correct subject to limited conditions set forth herein. That my opinion of fair market value for the property and improvements, as of the 26th day of August, 1994, which is the effective date, is $63,000.00. Date: August 26, 1994 d 1. Description of Improvements: Approximately 2000 square feet, free standing one story building built approximately in 1981. Asphalt shingles, concrete slab, no bath, room dimensions 2434, one office, gas heat, central air. General condition - good. Second building: 1272 square foot concrete block and frame, galvanized gutters, gas heat, air. General condition - good. 2. Highest and Best Use: The reasonable legal use of the vacant land which is physically possible, appropriate, supported, financially feasible on that results in the highest use. Taken into consideration were the physical characteristics of the land and it was determined by the Department of Community Development that the real estate is zoned B -1 Business District. It appears that . the highest and best use would be to remodel or update the building to make it comparable to other similar type office buildings in the area. There does appear to be a need for office space in Carmel and that would indicate to be the highest and best use of the property. I have reviewed information supplied to me by Meid Compton based upon his cost approach calculations, as well as his income approach calculations for the property and I concur with that data. While it is recognized that there are certain rentals taking place with respect to this building, the rentables are de minimis and not taken into consideration in my appraisal. 3. I have reviewed the zoned district information and I have enclosed that in my review as well as the Hamilton County Assessor's information card which I have enclosed and it has become part of my appraisal. 4. Attached resume' Dec. 21 '94 11:09 0000 ACORN GROUP TEL 317 -231 -1016 P. 2 Ms. Snyder has been in the real estate business for ten years, first as a residential broker and for the last five years, as a commercial broker specializing in medical buildings. Before coming to the Acorn Group, she worked at the Graves Commercial Group where she was named the Commercial Broker of the Year in 1989. She was involved as broker in the largest independent office sale in the suburban market. As senior office specialist, she works with owners, developers and users of office space and development land. Ms. Snyder is currently completing the work necessary to receive the CCIM professional designation. She is a graduate of Mundelein College and Butler University with an AB in Psychology, an MA in history and an MS in Psychology. Before Ms. Snyder became involved in real estate, she was a teacher and administrator in the Illinois public and private school systems. For the past five years, Ms. Snyder was a member of the Board of the Carmel Clay Chamber of Commerce. She is active politically as a member of the Hamilton County Solid Waste Management Board and was recently elected as President of the Cannel City Council. She is currently a member of the Hamilton County Economic Development Commissionand a board member of the Hamilton County Alliance. Both positions entail contacts with local and state businesses.