CSX vs Plantiffs Agreement dtd 2/22/05'DvfITERED FOR TAXATION
Subject to final acceptance for transfer
_irliday of , 20 05
,t,btn .. 7k717, 'Phu Auditor of Hamilton County
Parcel # 110 - 64-3 -06- 06- oo5.oco
iqc
Coss reference document: 9923665, 2003 - 126946
200500010138
Filed for Record in
HAMILTON COUNTY? INDIANA
JENNIFER J HAYDEN
02 -22 -2005 At 02:31 pm.
ORDER NC .00
AFFIDAVIT OF ROBIN M MILLS HAMILTON COUNTY AUDITOR
I, Robin M Mills, Hamilton County Auditor, being first duly swom upon my oath, state:
1. I am competent and authorized by the powers of my office as Hamilton County Auditor to testify
regarding the facts set forth herein.
2. According to the Hamilton County property records, maintained by my office, the following are
owners of record to the following property:
Owners: City of Carmel Redevelopment Commission
One Civic Square
Carmel IN 46032
Last deed of record: 9923665 in Recorders Office, Hamilton County, Indiana
Legal description: 36 -18 -03 21.65 ac in Hamilton County, Indiana. Described as parcel number
16- 09- 36- 00 -00- 005.000 on Hamilton County property tax roles.
3. On December 24, 2003, the Declaratory Judgment was issued by William Hughes, Judge of Hamilton
County Superior Court 3 regarding the class action suit, State of Indiana, County of Hamilton, George
N Clark, Hamilton County Farm,Bureau, Cooperative Association Inc, Britton Farms Inc and all others
similarly situated, Plaintiffs versus CSX Transportation, Inc., Defendants. The Declaratory Judgment
was issued by Superior Court 3 as document number 29D03- 9308- CP-404 and was recorded on the
13th day of October, 2003.
4. On Exhibit A of the Declaratory Judgment at line 348, 349, 350 the Court identified Hamilton County
tax parcel 16- 09- 36- 00 -00- 005.000 as a parcel which adjoined the abandoned CSX Railroad Corridor
and found the owner of said parcel to be a class member.
5. The Declaratory Judgment decreed that the owner(s) of parcel number 16- 09- 36- 00 -00- 005.000 has
superior title to'' /] of the railroad corridor along the length of the parcel adjoining the railroad corridor.
6. Prior to the date of the Declaratory Judgment, the property owner conveyed interest in the CSX
Railroad Corridor to the City of Carmel by deed /easement .
7. Because a standard railroad right of way is 66 feet in width and because of the above conveyance to
the City of Carmel, the Auditor's office will transfer 33 feet along the length of the property situated
on the east & west side of parcel 16- 09- 36- 00 -00- 005.000 for assessment of property taxes in
Hamilton County.
8. The previous railroad right of way is subject to existing lawful telecommunication occupancies and all
other lawfully existing occupancies pursuant to I. C. 32- 23- 11 -11 -, formerly 1. C. 32- 5- 12 -11.
9. Pursuant to paragraph 9 of the Declaratory Judgment, the transfer which results from this Affidavit in
no way resolves title disputes between individual persons which may occur as a result of conveyances
of portions of the Settlement Corridor prior to the entry of the Judgment or otherwise, and that such
disputes, to the extent any have arisen or may arise, must be resolved by the individual parties
concerned.
Further affiant sayeth naught.
I affirm under penalties of perjury that the foregoing statements are true and accurate to the best of my
belief.
Date:2 /2/2005
State of Indiana
County of Hamilton
3/4 ,41/;( . »7 LMA-1 -1-2J
Robin M Mills
Hamilton County Auditor
Subscribed and sworn to before me, a Notary Public, this 2nd day of February, 2005, personally appeared
the within Robin M. Mills and acknowledged the execution of the foregoing document.
, ..'Rritij Ss my hand and official seal
, A/ /1,, '
'; 9 4:' 9
1i" 0 dam.
My Commission Expires:
1/31/2010
gusdet
printed name: Kimberly R. Rauch, Notary Public
Residing in Hamilton County, Indiana
Document prepared by Michael A Howard, Noblesville, Indiana. Attomey for Hamilton County, Indiana