Closing Documents Duke Energy - Rangeline Road ProjectCnx OF CARMEL
1,vv[E' BRAINAlu), MAYOR
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
PROJECT: Range Line Road / 1106-19
'CO: Duke Energy Indiana, Inc
1000 E. Main Street
Plainfield, IN 46168
PARCEL: // 6 COUNTY: Hamilton
The City of Carmel, Hamilton County, Indiana is authorized by Indiana law to obtain your
property or an easement across your property, for certain public purposes. The City of Carmel needs
(your property), (an easement across your property) for a public road improvement project known as
Range Line Road and needs to take the (property), (easement) as described on the attached
legal description.
It is our opinion that the fair market value of the (property), (easement) we want to acquire
from you is $ 2,275.00 , and, therefore, the City of Cannel offers you
$ 2,275.00 for the above described (property), ( easement). 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 after signing the documents accepting this offer and executing the deed, grant or easement, and
provided there are no difficulties in clearing liens or other problems with title to the land. Possession
will be required thirty (30) days after you have received your payment in full.
HERE 1S A BRIEF SUMMARY OF YOUR -OPTIONS AND LEGALLY PROTECTED RIGHTS:
l . By law, the City of Carmel is required to make a good faith effort to purchase (your property),
(an easement across your property).
You do not have to accept this offer and the City of Carmel is not required to agree to your
demands.
However, if you do not accept this offer, and we cannot come to an agreement on the acquisition
of (your property), (an easement), the City of Carmel has the right to file suit to condemn, and
acquire the (property), (easement) in the county in which the property 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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Page 2
Project: Range Line Road Parcel: /16
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), (casement), and the
court grants its request to condemn, the court will then appoint three appraisers who will make an
independentappraisal of the (property), (easement) 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), (easement) condemned.
8. If the court appraisers' report is not accepted by either of us, then the City of Cannel 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), (easement). 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 the final judgment awarded you 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 fair market value of the property or
easement. The court's decision may be more or Tess 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 the notice
10. The $ 2,275.00 offer made herein is a total offer for the entire acquisition and is
intended to justly compensate you and all parties of interest for the property rights being
acquired.
11. Any improvements or items within the City's proposed right-of-way which you are responsible
for moving must be removed within 30 days of the date you are paid. At the end of the 30 -day
period, any items remaining on the City's right-of-way become encroachments. Pursuant to
Indiana law, the City has the right to remove any encroachment from its right-of-way after giving
the owner proper notice. Further, any costs incurred by the City while removing such items can
be assessed to the owner. If you have any questions concerning the removal of items, contact the
City of Cannel at the address below.
12. If you have any questions concerning this matter you may contact the City directly, however the
City of Carmel would first like you to contact the buyer: Indiana Acquisition @ (3 17) 841-6560
City of Carmel
One Civic Square
Carmel, IN 46032
Phone: 317-571-2401
Page 3
This offer was made to owner(s):
Duke Energy Indiana, Inc
Project: Range Line Road Parcel: #6
of Hendricks County on 5/14/08 (Date)
of on (Date)
BY:
(Signature)
Denise McHenry, Buyer
(Printed Name and Title)
Agent for: City of Cannel
If you decide to accept the offer of $ 2,275.00 made by the City of Cannel, sign your name below
and mail all offer documents to Indiana Acquisition in the envelope provided. An additional copy of this
offer will be provided upon request.
ACCEPTANCE OF OFFER
I (We), Duke Energy Indiana, Inc. an Indiana Corporation F/K/A Public. Service
Company of Indiana, Inc. by its Manager,Right of Way, Kristina L. Breeding
landowner(s) of the above described property or interest in property, hereby accept the offer of
$ 2,275.00 made by the City of Carmel on this 17th day of June , 20 08
Duke Energy Indiana, Inc. F/IC/A Public Service
Company of Indiana, Inc.
/
Krigiima L. Breeding ;Maihager,Right of Way
A
Attest: C:`''���CI'�ii,`-C?'-L•�2
John B. Scheidler, Assistant Secretary
NOTARY'S CERTIFICATE
STATE OF Indiana )
) SS:
COUNTY OF 1-lendricks )
Subscribed and sworn to before me this 17th day of June ,20 08
My commission expires: _ 'Z 0 i Z
My county of residence is: /./ ` { �( <-
(Signature)
/
�'r�� Ac �YG=L %�a
(Printed) Notary Public
EXHIBIT "A"
Parcel: 6 Fee
Sheet 1 of 1
A part of the Southeast Quarter of Section 24, Township 18 North, Range 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 Southeast corner of said section, designated as point "2" on said
parcel plat; thence along the south line of said section South 88 degrees 41 minutes 35 seconds
West 160.00 feet to the southeast corner of grantor's land and point of beginning of this
description; thence continuing along the south line South 88 degrees 41 minutes 35 seconds West
15.30 feet to the southwest corner of grantor's land; thence along the west line of grantor's land
North 0 degrees 03 minutes 26 seconds East 26.51 feet; thence North 88 degrees 41 minutes 35
seconds East 15.30 feet to the east line of grantor's land, designated as point "600" on said plat;
thence along said east line South 0 degrees 03 minutes 26 seconds West 26.51 feet to the point of
beginning, containing 0.009 acres, more or less; inclusive of the presently existing right-of-way
which contains 0.006 acres, more or less, for a net additional taking of 0.003 acres, more or less.
This description was prepared for the City of Carmel, Indiana
by Timothy J. Coomes Indiana Registered Land Surveyor, License
Number 20600004, on the S day of
Ajo(1-1 lr , 2008.
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20600004: e
STATE OF
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0 15 30
SCALE: 1'= 60'
EXHIBIT "B"
RIGHT-OF-WAY PA
RCEL P
_AT
Prepared for The City of Carmel, Hamilton County, Indiana
by United Consulting (Job No. 06-406)
R/W
177.2'
2130'
1 175.3'
RES. A
17+00
EXIST R/W
18+00
POT 15+00.00 "S -1-A
1
15.3'
SMOKEY ROW ROAD (136TH STREET)
LINE S -1—A" (SECTION LINE)
160'
19+00
Ito
w
0
-1-
0
0
0
ICJ
O
O
SHEET 1 OF 2
102+81.67 A"
P.O. T 100+00.00 A"=
P.O.T. 201-06.43 "S -1—A
79
25
P.
REVISED BY: K.
L 20+00.00 S -1—A O
I. CARR 4-2-08
OWNER : PUBUC SERJICE INDIANA
PARCEL : 6
CODE .
PROJECT : RANGE UNE ROAD
ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD
COUNTY HAMILTON /HATCHED
E
SECTION /V/ APPROXIMATE TAKING
TOWNSHIP : 1BN.
RANGE : 3E.
DRAWN BY: J.
CHECKED BY: T.
A. ROWNGS 2-13-08
J. COOMES 2-18-08
DEED RECORD 137, PAGE
DEED RECORD 231, PAGE
248, DATED 05-19-1952
68, DATED 09-09-1969
Dimensions shown are from the above listed Record Documents.
EXHIBIT "8" (cont.)
PARCEL COORDINATE CHART
SHEET 2 OF 2
Point
Line
Station
Offset
NORTH
EAST
2*
"S -1—A"
----
----
----
72*
A
----
----
----
----
77*
"S -1—A"
----
----
----
----
400
°S-14'
17+00.91
26.50' LT.
1725823.0053
198757.9410
600
"S -1—A"
+L(18+40.63)
26.50' LT.
1725826.1922
198897.6281
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'
recorded in Instrument No. 2007014151 in the Office of the Recorder of Hamilton County, Indiana,
(incorporated and made a part hereof by reference) comprise o Route Survey executed
in accordance with Indiana Administrative Code 865 IAC 1-12, ('Rule 17).
Given under my hond and seal
4 E5(C1
Dae
TIMOTHY J. eDO
Registered Land Surveyor No. 20600004
State of Indiana
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20600004.i
STATE OF
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REVISED BY: K. I. CARR 4-2-08
OWNER : PUBLIC SERVICE INDIANA
PARCEL 6
CODE
PROJECT ; RANGE UNE ROAD
ROAD : RANGE UNE ROAD & SMOKEY ROW ROAD
COUNTY : HAMILTON
SECTION : 24
TOWNSHIP : 18N.
RANGE : 3E.
DRAWN BY: J. A. ROWNGS 2-13-08
CHECKED BY: T. J. CONES 2-18-08
Dimensions shown are from the above listed Record Documents
CITY OF CARMEL
REV -29 STATEMENT OF THE BASIS FOR JUST COMPENSATION LA Code # NA
09-05
1. This is a written statement of, and summary of the basis for, the establishment of the amount believed to be, through a valuation
process, 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 records as:
Project Range Line Road
Owner(s) Public Service Indiana
Parcel 6 Road Range Line Road County Hamilton
3. The area and type of interest being acquired: 0.009 acres fee simple 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. ® 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 $ 2,275.00
b. Severance Damages (i.e.: Setback, Loss in
Value to the Residues, etc) $ -0-
c. Other Damages (Itemize)
Cost -To -Cure estimates:
NONE $ -0-
Temporary RAW
Permanent Easement
Total Damages
Total amount believed to be Just Compensation offered for this Acquisition is:
$ -0-
$ -0-
$ -0-
$ 2,275.00
6. The amount in Item 5 above 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:
NONE
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:
GRAVEL DRIVE
8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows:
NONE
9. Remarks: Of the 0.009 acres of fee simple right-of-way being acquired, 0.006 acres are existing right-of-way and 0.003 acres are
new right-of-way.
Date
Signature
Acquiring Agency: City of Carmel
0
CITY OF CARMEL
JAMES BRAINARD, MAYOR
CLOSING STATEMENT
Fee Owner: Duke Energy, Inc.
Address: 1000 E. Main Street
Plainfield, IN 46168
Location of Property: Range Line Road, Carmel, IN 46032
Project: 06-19 Range Line Road
Parcel: No. 6
County: Hamilton
State: Indiana
Purchase Price: $2.275.00
Total Disbursements: $2,275.00
Please sign and date in the spaces provided below to acknowledge receipt of
payment, and agreement to the amount shown.
(Signatu
arc 2s--__0 e
S�oc 2 r` 0 lP — Gu
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1
(Date)
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317571.2401, FAX 317.844.3498
EMAIL jbrainard@ci.carmel.in.us
TRUST REMITTANCE CHECK
A REGIONS MORGAN N' KEEGAN 61-1
TRUST 620
2080012523 CARMEL COIT 2006 CF -CONSTRUCTION
Pay Two Thousand Two Hundred Seventy -Five DOLLARS AND NO CENTS ----
To The Oraer Oi
DUKE ENERGY, INC
1000 E MAIN STREET
PLAINFIELD, IN 46168
11'6 28 7811' 1:06 20000 91: 00 17 54 b4 7611'
TRUST NO. 2080012523
Date:
08/14/2008
$ 2.275.00
VOID AFTER 180 DAYS
AUTHORIZED SIGNATURE
DATE 08/14/2008 DISP CODE 89
TRUST NAME CARMEL COIT 2006 CF -CONSTRUCTION CT -NASHVILLE
S* '''"*"0.00 L $ 1,275.00
INCOME CASH PRINCIPAL CASH
FOR DUKE ENERGY. INC
DRAW #36
PYMT ON PROJ 06-19. PARCEL 6
TAX ID #16-09-24-04-05-002.000
REG# 32
REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK
Prescriq!d by Stale Board of Accounts
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
City Form No. 201 (Rev. 1995)
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.
Duke
Payee
Energy Indiana, Inc.
E. Main Street
IN 4€"x68
Purchase Order No.
1000
Terms
Piain£ield,
Date Due
Invoice
Date
Invoice
Number
Description
(or note attached invoice(s) or bill(s))
Amount
• • •. • I1•
- • •ht of way
Project • Range Tine
Road #0.6-19
Parrel• #5
Property: 136th Street west of Range Line Rd
Parcel Ne: /4oga41 oyocoo2000
Inc.
q 7/
Dupe Energy—Indiana,
/ ././ '�
rBy'
F ..�/ l v. f 1Lle t 'Lr� .t l(�1.
Attest: '-iTit1e Total
2, 21/5 00
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
Subsititute Form Taxpayer Identification Number Request
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W-9
REAL ESTATE
State of Indiana
DO NOT send to IRS
Print or Type
Return to address below
Legal Name (OWNER OF THE EIN OR SSN AS NAME APPEARS ON IRS OR SSN RECORDS)
DO NOT ENTER THE BUSINESS NAME OF A SOLE PROPRIETORSHIP ON THIS LINE
Duke Energy Indiana, Inc
Trade Name Complete only if doing busines as (D/B/A) Project:#06-19
Range Line Road
Remit Address Hamilton County
1000 E. Main Street, Plainfield, IN k 4 (io 68 Parcel #7
Purchase Order Address- Optional
Check legal entity type and enter 9 digit taxpayer Identification Number (TIN) below:
(SSN = Social Security Number, EIN = Employer Identification Number)
SSN or EIN must be for
legal name above.
Individual (Individual's SSN)
___-__-____
Sole Proprietorship (Owners SSN or Business EIN) SSN
_ _ _ - _ -
EIN
Partnership General Limited (Partnership's EIN)
_ -
Estate / Trust (Legal Entity's EIN)
_ _ -
Note:Show the name and number of the legal trust, or estate, not personal representatives.
_ -
Other (Limited Liablility Company, Joint Venture, Club, etc) (Entity's EIN)
x Corporation Do you provide legal or medical services? f Yes flno (Corp's EIN):3-5
- _may `f''3 h.
_
Government (or Government operated entity) (Entity's EIN)
Organization Exempt from Tax under Section 501(a) (Org's EIN)
_ _ -
Do you provide medical services? • Yes Q no
Check here if you do not have a SSN or EIN but have applied for one.
Under penalties of perjury, I certify that:
(1) The number listed on this form is my correct Taxpayer Identification Number (or I am waiting for a number to be issued to me) AND
(2) I am not subject to backup withholding because: (a) I am exempt from backup witholding, or (b) 1 have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified me that I
am no longer subject to backup withholding (does not apply to real estate transactions, mortgage interest paid, and acquisition or abandonment of
secured property, contribution to an individual retirement arrangement (IRA), and payments other than interest and dividends.)
CERTIFICATION INSTRUCTIONS -You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup
withholding because of under reporting interest or dividends on your tax return.
THE IRS DOES NOT REQUIRE YOUR CONSENT TO ANY PROVISION OF THIS DOCUMENT OTHER THAN THE
CERTIFICATIONS REQUIRED TO AVOID BACKUP WITHHOLDING.
I am a U.S. person (including a U.S. resident alien). •
NAME (Print or Type)r • _ _ _ TITLE
AUTHORIZED SIGNATURE';Y: - ' • C
Agency use only
Agency 1099 Yes inNo
-')(93,./C)
6 /rf - z ° o
PHONE 3/7 Y39. 57,y
Approved by: