HomeMy WebLinkAboutIllinois Street/South Ext - Ackmann •
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•
CI O x ' IEL
JAMES BRAINARD; MAYOR
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
• DATE: September 18, 2012
The Estate of Marianne M. Ackmann PROJECT: Illinois Street Extension
c/o Elizabeth A. Elias Project No. 10-10
Flail Render Killian Heath & PARCEL: 6
Lyman, P.C. FEE SIMPLE PARTIAL 0.436 acres
One American Square
Suite 2000
Box 82064
Indianapolis, Indiana 46282
The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your land for certain
public purposes.
The City of Cartel needs your property for a public improvement. In this instance. the City of
Cannel needs your land for the public improvement project entitled Illinois Street Extension;
Project No. 10-10 and needs to take the land as described on the attached land plat and legal
description. Sec Exhibit A and Exhibit B.
It is our opinion that the fair market value of the property we want to acquire from you is
529,100.00 and, therefore, we offer you 529.100.00 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 alter 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.
• DEPARTMENT oF ENG[ EE:RiNG
ONE C tvic SQUARE. CARMEL_ IN 46032 0=°r° 317.571.24,1i PC\ 3175712439
EYLAIL enginee■ ng`sr:vmel.in.go%
HERE 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 Carmel 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.
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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 Carmel 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 Carmel 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 withdrawal 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.
This offer was made to the owner, The Estate of Marianne M. Ackmann, of Hamilton County, Indiana, on the
day of . 2012.
B Y:/ 229 7
Allen D. McFearin
Acquisition Specialist
Agent, City of Carmel, Indiana
Offer made by Certified Mail 7009 1680 0000 2614 4204
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If you decide to accept this offer of 529.100.00.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
The Estate of Marianne M. Acl:rnami, landowner of the above-described property or interest in property,
hereby accepts the offer of 529;100.00 made by the City of Cannel on this _day of
2012.
BY:
Signature
Printed
Title
NOTARY'S CERTIFICATE
STATE OF
)SS:
COUNTY OF
Subscribed and sworn to before me this day of 2012.
My commission expires:
County of residence:
Signature
Printed
•
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C I 'OF r~ARi�dEL
JAMES BRAINARD, MAYOR
EN ji'Yi7U+Nry'hIYVE 3Y ML i Ste"? f x+ > '•i YK` w.mF 1 a r f,
'SENDER COMPLETEt,THISSECTIONj satin e. OMPLETE TFfIS SECT(• 'ON DELNr P ftteik,its. .!!
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• item 4 If Restricted Delivery is desired. Agent
® Print your name and address on the reverse ❑Addressee
so that we can return the card to you. a. Rec ved by(Printed Name) C. Date of Delivery
H Attach this card to the back of the mailpiece,
or on the front if space permits.
-D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: i
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If YES,enter delivery address below: 0 No
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2. Article Number 7009 1680 0000 2614 4204
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D EPA RTI'1EN: OF ENGINEERING
ONE C: .c SQUARE; CARMEL. IN 46032 OFFICE 317571.2441 Rx 317571.2439
E,NI LL gnu:ncenngec:tr:ne!.in.gec
ACCEPTANCE OF ADMINISRATIVE SETTLEMENT
The Estate of Marianne Nil. Ackmann, landowner of the property or interest in property
described in Exhibit A and Exhibit B, which are attached hereto and incorporated herein,
hereby accepts the a ninistrative settlement of$34.000.00 made by the City of Cancel on
this / ' day of 44/1/4/1-7/ 2013.
The Esttatee of Marianne M. Ackmann:
BY: / ""-- t — ___ _
,fame's ,1. Elias
Special Administrator by Letters of Special
Administration for the Limited Purpose of
Transacting Condemnation Proceedings
Against Estate's Real Property dated
December 11, 2012
Cause No. 29D03-1206-EU-246
NOTARY'S CERTIFICATE
STATE OF INDIANA )
)SS:
COUNTY OFMGiriCV )
Subscribed and sworn to before me this � V day of ..I avluar , 2013.
My commission expires: OC+Olav I auao
County of residence: Mari aV\ � ;I/Ad
Signature
k see. ler
Printed
LETTERS TESTAMENTARY
(UNSUPERVISED ADMINISTRATION)
Cause No. 29003-1206-EU- ,-°L 4
STATE OF INDIANA, HAMILTON COUNTY, SCT:
To Whom These Presents Shall Come,Greeting:
1, Peggy Beaver,Clerk of the Hamilton Superior Court#3, Within and for said County of
Hamilton, in the State of Indiana, do hereby certify that Letters Testamentary of the Estate of
Marianne M. Ackmann, late of Hamilton County,deceased,who died testate,are hereby
granted to Elizabeth A. Elias and,having qualified and given bond as such personal
representative Elizabeth A. Elias is duly authorized to take upon herself the administration of
such estate, without court supervision,according to law.
WITNESS my hand seal of said Court, at Noblesville, Indiana,
This , 2012
JON -6 2U1i?
U F" zeus 6
• "" ,Clerk
C ERK CF COURTS
LETTERS OF SPECIAL ADMINISTRATION
FOR THE LIMITED PURPOSE OF TRANSACTING CONDEMNATION
PROCEEDINGS AGAINST ESTATE'S REAL PROPERTY
(UNSUPERVISED ADMINISTRATION)
Cause No. 29003-1206-EU-246
STATE OF INDIANA, HAMILTON ON COUNTY, SCT:
To Whom These Presents Shall Come,Greeting:
I,Peggy Beaver,Clerk of the Hamilton Superior Court No. 3, Within and for said County
of Hamilton, in the State of Indiana, do hereby certify that Letters of Special Administration of the
Estate of Marianne M.Ackmann, Late of Hamilton County, deceased, who died testate, are
hereby granted to James It Elias and,having qualified such special administrator James IL
Elias is duly authorized to take upon himself the administration of such estate for the limited
purpose of transacting condemnation proceedings against the Estate's real property located at 330
W. 106th Street,Cannel, Indiana(Hamilton County), executing documents, titles and other
instruments necessary therefor,and receiving payment and delivering such payment to the
Personal Representative.
WITNESS my hand and seal of said Court, at Noblesville,Indiana,
111.
This R&C' , 2012
7
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1NplANP �``
,
STATE OF INDIANA ) HAMILTON COUNTY SUPERIOR COURT' ".
) SS: 1 0 2012
COUNTY OF HAMILTON) CAUSE NO. 29D03-1206-EU-246
- cc7¢ ��
LERKOFiryE --
In Re the Unsupervised Administration of the ) RNS;;TON SUPERIOROURT
ESTATE OF MARIANNE M.ACICMANN )
• ORDER APPOINTING SPECIAL ADMINISTRATOR FOR LIMITED PURPOSE OF
TRANSACTING CONDEMNATION PROCEEDINGS ON BEHALF OF ESTATE
This matter comes before the court on Petitioner's Petition for Appointment of Special
Administrator for Limited Purpose of Transfering Real Property Pursuant to Condemnation
Proceedings by the City of Carmel, and the Court,being duly advised, finds the same should be
and hereby is GRANTED.
IT IS THEREFORE ORDERED that James R. Elias is appointed a Special Administrator
for the limited purpose of executing any and all documents,titles or other instruments necessary to
transact a condemnation proceeding against the Estate's real property located at 330 W. 106th
Street,Carmel, Indiana(Hamilton County), receiving payment therefore and delivering payment
to the Personal Representative, and any and all acts necessary to conclude such condemnation
transaction on the Estate's behalf. FURTHER,the Special Administrator shall submit his report to
this Court upon conclusion of such condemnation proceedings.
SO ORDERED this day of December,2012..
Judge,Hamilton County Superior Court#3
Distribution:
Veronica Jarnagin
1329 Randall Road
Indianapolis, IN 46240
RECD DEC 1 0 2012
STATE OF INDIANA ) HAMILTON COUNTY SUPERIOR COURT
) SS:
COUNTY OF HAMILTON) CAUSE NO. 29D03-1206-EU-246
In Re the Unsupervised Administration of the )
ESTATE OF MARIANNE M.ACKMANN ) FILED
DEC - 6 2012
OATH � fid
I swear that I will faithfully discharge the duties of my charge as Special Administrator of
the Estate of Marianne M. Acicmann,deceased, according to law. `eri—4'
Jame. Has
DkaLYENTEREO FOR TAXATION C o py
Subject to final acceptance for
-------r
transfer/ •
: da V of , 2011
Project : Illinois Street Extension
Project
No. 10-10
MAX LIAM Aufttor dHantiltec Counh Parcel
Parcel # /t0 -
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT The Estate of Marianne M. Ackmann BY James R. Elias,
Special Administrator (individually and collectively the "Grantor'), convey and warrant to the City of Carmel.
Indiana (the "Grantee"), for the sum of Thirty-four Thousand and 00/100 Dollars (S34.000.00) (of which said
sum 331,500.00 represents land and improvements acquired and 32,300.00 represents damages) 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.
The Grantor hereby specifically acknowledges and agrees that the Real Estate conveyed herein is
conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor, or any
successors in title to the abutting lands of the Grantor, notwithstanding any subsequent abandonment, vacation,
disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee or his 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 and all successors and assigns.
•
As an inducement for the Grantee to close this real estate transaction, the Grantor assumes and agrees to
pay the 2011 real estate taxes and assessments payable in 2012, the 2012 real estate taxes and assessments
payable in 2013 and any and all delinquent real estate taxes, interest and penalties on the above described real
estate. This obligation to pay shall survive the said closing and shall be enforceable by the Grantee in the event
of any non-payment.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this - day of
.A/V4i��y . 2013.
The Estate of Marianne M. Ackmann:
N. 1 lJi 2013012732 t o DEED 526.00
I3Y.iv �� 02/28/2013 12:07:39P 5 P65
Mary L. Clark Recorder IN
.lames R. Elias HtPMILTON County
SpeciaAdministrator by Letters of Special IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Administration for the Limited Purpose of
Transacting Condemnation Proceedings
Against Estate's Real Property dated
December 11, 2012
Cause No. 29D03-1206-EU-246 •
NOTARY CERTIFICATION
STATE Of INDIANA )
) SS:
COUNTY OF Na nfl.. )
Before me the undersigned. a Notary Public in and for said County and State, personally appeared
James R. Elias, Special Administrator of the Estate of Marianne M. Ackmann, die Grantor, 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 Iv day of\1 avi U VN ; 2013.
v
My Commission Expires: l,l6_10°r I) 2020 I
County of Residence: t "UAJr l CF^ eaW SI, `l
Notary Sienatu'-
kaSee Si
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 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
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EXHIBIT "A"
Sheet I of I
Project: 10-10
Parcel: 4 Fee
Key Co.: 29-13-02-000-027.000-003
A part of the Southwest Quarter of Section 2, Township 17 North, Ranee 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, marked EXHIBIT"B", described as
•
follows: Commencing at the Southwest corner of said quarter section, designated as point "3"on
said parcel plat; thence along the south line of said quarter section North 89 degrees 09 minutes
45 seconds East 550.72 feet to the point of beginning of this description; thence North 00 degrees
54 minutes 11 seconds West 11.00 feet to the north boundary of 10615 Street, designated as point
"254"on said plat; thence continuing North 0D degrees 54 minutes 1 I seconds West 5.17 feet to
point"255" designated on said plat; thence North 89 degrees 05 minutes 49 seconds East 40.00
feet to point "256" designated on said plat; North 00 degrees 54 minutes 11 seconds West 45.00
feet to point "257"designated on said plat; thence North 88 degrees 53 minutes 03 seconds East
217.89 feet to point'258" designated on said plat; thence North 56 degrees 36 minutes 26
seconds East 72.31 feet to the east line of the grantor's land, designated as point "259" on said
plat; thence along said east line South 00 degrees 03 minutes 12 seconds East 90.19 feet to the
north boundary of 106th Street; thence continuing along said east line South 00 degrees 03
minutes 12 seconds East 11.00 feet to the south line of said quarter section; thence along said
south line South 89 degrees 09 minutes 45 seconds West 317.38 feet to the point of beginning •
and containing 0.436 acres; more or less; inclusive of the presently existing right-of-way which
contains 0.080 acres; more or less.
•
- \`\\111111111111////
\>,1 C
This description was prepared for the City of Carmel, Indiana by � G ....6�J6'
Timothy J. Coomes, Indiana Registered Land Surveyor, License Number - �OCO0004 z E-
20600004, on the 2•I5 day of J U/t , 2012. = srr or
1 '••NOia
SURN
/� s I
II'.
1 EXHIBIT "B'
SHEET 1 OF 2
RIGHT-OE-WAY PARCEL PLAT
Prepared for The City of Coi ne!, Indiana 0 50 100 200 1
by United Consulting (Job No. i i-408)
SCALE "= 20d
1
P.0'.1 39+91.40 5-2-K'=
KEY Na: 29-i3-02-000-028.000-034 ,._ Par. 50+1087 "PR-A"
KEY NO.: 29-13-02-000-027.000-003 fp P.C. 52+54.71 'PR.-A"
PR-S-2-K"
¢° N 80.49.53' I i '
c 868.1' - - I / /
50.17 = \: 50.17 1
_968.10'ISICI ` oA
I I 868.1' b
1 c \`
R/
RES. A 255 207 258 259 o l/
N
NI
® w f
3 2 106TH ST. - ° -- , cm
j 968.1 1SICi / I \
I
9.5' INDIANAPOLIS WATER/
COMPANY EASEMENT Q
8' INDM":MA EEL! `PR-S-2-i( I 1 i
TELEPHONE COMPANY Ar 89'05'49„ E
fASE�l4E�\'T IS o .
CX78 P.O.T. 10+00.00 PP,-S-2—K" SEC. 13+55.03 'PR-S-2-K1 S -K,
(711916 riSia 9'07 10"" c
PI ;4+12.87 PR—S-2—(
P.O.T. 34+00.00 "5-2-e o= 845751' Lt. .
R= 800.00'
i= 57.80'
•
L= /15.4!
0= 209'
OPT. 14+7044 PR-S-2-K'I 558 P.T. 48+32.81 "PR-A"
OP.I.. 16+06.57 "PR-S-2-K P.O.T. 42+0000 5-2-K
OWNER : ACKMMIN, MARIANNE M. DRAWN BY: K.I. CARR 5-14-12
PARCEL : 4 CHECKED BY: T.J. COWES. 6-15-12
CODE DES. NO. :
1 - PROJECT : 10-10 . i
ROAD : ILLINOIS ST. INSTRUMENT NO. 2010046321, DATED 6-10-2010
COUNT HAMILTON , IN�STRUN.ENi NO. 2010046320, DATED 6-10-2010
SECTION . 2 ICHED AREA IS THE INSTRUMENT N0. 200000056305, DATED 11-9-2000
---,...,,,,Ti"-: APPROXIMA.Tc TAKING I INSTRUMENT N0. 199909973455, DAZED 12-13-1999
I TOWNSHIP : 17N. I`
RANGE
Dimensions shown ere from the above listed Record Documents.
EXHIBIT "B" (cont.) 1
SHEET 2 OF 2
PARCEL COORDINATE CHART
Point Line Station Offset NORTH EAST 1
*3 ---- ---- ---- -----
*53157 I ,3-2-1( i---- ---- I ---- ---- 1
--- ----
254 "PR-S-2-1( 11+90.00 5(9.83 U .) 997145780 105433.1476
255 "PR-S-2-K 11+90.00 15.00' U . 99719.7446 105433.0663
256 "PR-S-2-K" 12+30.00 15.0E LT. 99720.3751 105473.6614
257 "PR-S-2-;K' 12+30.00 50.00' LT. 99765.3695 105472 3521
258 "PR-S-2-K' 14+55.00 55.00' LT. 99769.8128 105590.1973
259 `PR-A" 51+15.00 P_(180.39' LT.) 99809.4128 105750.5735
558 "PR-A" P.T.(48+32.81) ---- 99540.5474 105950.4592
559 "PR-A" P.C.(52+54.71) ---- 99951.4120 105920.9443
578 "PR-S-2-K' P.O.T.(10+00.00) ---- 99701.7517 105243.3264
579 °P_R7S-27K'( P.C.(.13+55.03).. ---- .1.99707.3477 ..1,05598.3.134
580 "PR-S-2-K'I P.1.(14+70.44) ---- 99717.4691 105713.1751
581 "PR-S-2-1( P.1.(16+06.57) ---- 199739.1601 1058475667
587 "PR-A" P.O.T.(50+10.87) ---- f 99718.1680 105938.0028
NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES.
* SEE LOCATION CONTROL ROUTE SURVEY PLAT.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey pttttlllll7f
recorded as Instrument Number 2011051245 in the Office of the Recorder of Hamilton County, w.wv ( �
Indiana, (incorporated and mode a part hereof by reference) comprise a Route Survey executed in `,.$` �� • C4-11/1 G,
accordance with Indiana Administrative Code 865 WC 1-12, ( Rule 12"). J�tSTE,gF �j��
Given under my hand and seal - I2(D�zZ * .20600004 * g.
STATE OF _
'.( ' .NDIANP..�O�`` •
4./z-k 7rT 14/ SURVF C)
TIMOTHY'J. cook Es' (� 7 wrrnillion� \
Registered Land Surveyor No. 20600004
State of Indiana
1
OWNER : ACK6ANN, 1/AMIANNE M. DRAWN BY: K.I. CARR 6-14-12 1
PARCEL : 4 CHECKED BY: T.J. COOVES 5-15-12
CODE DES. NO. :
I PROJECT : 10-10
� ROAD : ILUNDIS Si.
COUNTY : HAMILTON
I SECTION : 2
TOWNSHIP : 17N.
LPANGE 3E i
Dimensions shom cre from the chore listed Record Coements.J
•
2013012731 RELEASE $12.00
p^� �,�/ 02/28/2013 12:07:39P 1 PCS
'04 Ik-�'i .7 Mary L. Clark
HAMILTON County Recorder IN
•
Recorded as Presented
1 IIIIIIIINIIIIIIIIINIIIINIIIIIIIIIIIIIII!IIIIIIINIIIIIIIIIIINIIIII
• SATISFACTION OF MORTGAGE
This certifies, that a certain Mortgage executed by Stephen Ackmann and Marianne
Ackmann ("Borrower") to NorthPark Community Credit Union formerly Dow Employees
Credit Union on October 2, 2006, calling for $200,000.00 and recorded as instrument
number 200600070606 in Hamilton County, State of Indiana, is fully paid and satisfied
and the same is hereby released.
Witness my hand and seal this 28th Day of February, 2013
By: "/l/r/ , g A'
Meliss• S rohl, Loan Officer
NorthP• Community Credit Union
Formerly Dow Employees Credit Union
State of Indiana
}
County of Boone •
Before me, the undersigned, a Notary Public in and for said County and State, appeared
Melissa Strohl, Loan Officer or/and in their behalf and acknowledged the execution of
the foregoing Satisfaction of Mortgage.
(111f(_) -
tcr�j � t
K LHunter, Notary ublic a""•., knisTA,t,He a
ry pWO, ', Boone County
— My Commission Expires
A resident of Boone County. \i¢; " June 28,2014
My commission expires: 06/28/2014
"I affirm, under the penalties and perjury, that I have taken reasonable care to redact
each Social Security numb r in this document unless required by law."
Krista L. Hunter
This document was prepared by Krista L. Hunter, Agent for NorthPark Community
Credit Union
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JAMES 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: Illinois Street Extension
Parcel: 4
• Landowner: The Estate of Marianne M. Ackmann
The City of Carmel made the Uniform Property or Easement Acquisition Offer to the
Estate of Marianne M. Ackmann by certified mail in care of Elizabeth A. Elias in her role
as personal representative on September 25, 2012. The Uniform Offer was made under
the threat of eminent domain. The Estate was unsupervised. James R. Elias was
appointed special administrator of the Estate to deal with the acquisition to acquire a
portion of the Estate's property for the above project. The amount of the offer was
$29.100.00.
Mr. Elias rejected the offer and countered with a proposal that was valued at $38,752.00.
This proposal was unacceptable to the City. However, the City proposed a settlement
amount of$34,000.00, which the Estate was willing to accept.
In support of the administrative settlement we list the following:
First, were the City to file the condemnation case, the Estate could introduce its own
appraisals with higher land values. This carries the.possibility that the eventual award •
may be higher than the amount of the administrative settlement. •
. Secondly, should the City proceed in 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.
Lastly. 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
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DEPARTMENT OF ENGINEERING
ONE Civic SQUARE. CAIaIEI, IN 46032 OFFICE 317.5 71.2441 F.- x 317.571.2439
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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 Caramel approve the terms of the above described administrative
settlement.
This recommendation is approved.
Stephen C. Engelking
Director
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.,i, e; 4