Cool Creek Trails - Lancaster, KayF`reialbed by State Board NAccounts
ACCOUNTS PAYABLE VOUCHER
CAMEL, INDIANA
ON Form No. 201 (Rev, 1896)
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom,
rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Lancaster Realty LLC
Purchase Order No.
19069 Joliet Road
Terms
Sheridan, IN 9 60 69
Date Due
Invoice
Dale
Invoice
number
Description
(or note attached Invoice(s) or NEC
Amount
PROJECT: Cool Creek trail
PARCEL: 8 �!
X B : /J7�d / -j
Name K•ncaster
Title Single Member
Twenty -three Thousand Two Hundred and 00/100 Dollars 323.200.00
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services
itemized thereon for which charge is made were ordered and received except
20
I hereby certify that the attached Invoice(s), or bill(s), Is (are) true and correct and I have audited same In accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
To:
From:
Re:
III i B W n It • a 8 :QI a
�� =�91 '6°
CITY
James BRAtNn1t0 MAYOR
ADMINISTRATIVE SETTLEMENT MEMORANDUM
Stephen C. Engelking
Director
Department of Administration
Allen D. McFearin
Associated Right of Way Services, Inc.
Request for Administrative Settle
Project:
Parcel: Cool Creek ment
6 Trail
Landowner: Lancaster Realty, LLC
EL
)ate:
January 22 2009
ieCityof
e City f Camel made the Uniform Property
I Cool Creek Carmel
LLC to acquire a portion or Ease
Project. T of its property mein Acquisition Offer to
amount dethe offer he offer was made certified for a Perpetual easement S. Anderson. The as $23.200.00 by certified mail on October ment for
_tual ease 51,100.00 components of the as based upon the s erfo 2008.y
ment and com
to fifer as follows: need b
the negotiations, fence. $22,100.00 for the
i.
by gotiations Ka
in d the offer was low. y Lancaster of Lancaster
�d about the terms She also mentioned that Realty, LLC discussed that she
Preyed rms of the ease at the pro
thynAd, about
Theemen • Recentl broker was listed for sale. She
Y her bro
r an 7ty the condition htah[ i eera of would acqu retthee a °mp a into offer made
eva°, t
'basement interest and City would
Gain proposal, the but could dl o co willing to 8 agree the fee within 10 mister n at rather • 2009, r
In suPP rt Af
�f the e �reedf with this procedure. City d d agree to fee psiammlys by February the
he to the closin g within
make payment 12
settlement we list the following:
Q' Ir Gvlc gprAfae'. CA t%RPART.VF_y
CARATS :L. T or' E.ceLeer.Rl.�c
IN 4603? OFFICE 317.571.2441
Fns 317.571.1939
EMAIL enM1inee,ing$CarnicLin.gm
First, the City would be acquiring more complete rights to the area needed for the trail for
the same price as for the permanent easement.
Secondly, the landowner may decide to proceed with the sale of the property, which
would require the City make a new offer to the subsequent owner. An updated appraisal
may be required. All will add time to the project.
Thirdly, were the City to proceed to file the condemnation case, it is most probable that
the landowner may introduce testimony that the land values are in excess of those
included in the appraisal. This carries the possibility that the eventual award may be
higher than the amount of the administrative settlement.
Fourthly. 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.
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
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.
2
e Gam=
Stephen C. Engelking
Director
ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT
Lancaster Realty, LLC, landowner of the property described in Exhibit A and Exhibit B,
which are attached hereto and incorporated herein, hereby accepts the administrative
settlement of $23,200.00 for the fee simple interest of the real estate described in the above
referenced Exhibit A and Exhibit B made by the City of Cannel on this AG a day of
January, 2009.
Original Offer: $23,200.00 for a permanent easement
Administrative Settlement: $23,200.00 for the fee simple interest
Lancaster Realty, LLC
BY:
Kay Lancaster
Name
Single Member
Title
NOTARY'S CERTIFICATE
STATE OF )
I )SS:
r
COUNTY OF anti t kv )
Subscribed and sworn to before me this c9644-day of-all/11th Pl/ , 200$1.
My commission expires: /i /20/s
County of residence: AID ion
ELIZABETH A MOON
Notary rwc SW" of bilanr
Nta.aan Cam
My Commission Expires
November 30, 2015
ititteit
eII'' �.�/ryJ
IILCLUe i7 4, 7601)
Printed
Project: Cool Creek Trail
Parcel: 6
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT Lancaster Realty, LLC, individually and collectively the
"Grantor "), conveys and warrants to the City of Carmel, Indiana ( the "Grantee "), for the sum of Twenty -three
Thousand, Two Hundred and 00 /100 Dollars ($23,200.00) 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.
The undersigned person executing this warranty deed represents and certifies on behalf of the Grantor that she is
the Single Member of the Grantor, that she has full authority to manage the airs of the Grantor and sign and
execute documents on behalf of the Grantor, that her authority has not been revoked, that she is, therefore, ftrlly
authorized and empowered to convey to the City of Carmel, Indiana, the real estate of the Grantor and to
execute all necessary instruments in connection therewith, that the Grantor is a limited liability company in good
standing in the State of Indiana, that Grantor has full capacity to convey the real estate described herein, and that
all necessary action for the making of this conveyance has been duly taken.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this .244day of'
January, 2009.
Lancaster Realty. LLC:
Title: Single Member
NOTARY CERTIFICATION
STATE OF INDIANA )
'II )SS:
COUNTY OF t10.1ni )
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Kay LQ/lefititr 6i fie. marnbey- of the Grantor, who acknowledged the execution of the
foregoing Warranty Deed forYnd 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 alp ht day of -Tan nary 2009.
My Commission Expires: IUoV & 0
Sn her a, c2015
County of Residence: Nailli/1 / ]
__
ELIZABETH A MOON
Hyyygpc, Moe d Yndra
He Gnu*
MI Cantata Etmeae
November 30, 2015
Notary Printed Name
This instrument was prepared by Douglas C. Haney, Cannel City Attorney, City Hall, One Civic Square,
Cannel, Indiana 46032
Send tax bills to: One Civic Square, Cannel, IN 46032
After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Cannel,
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
ode(
&31464v1