Closing Documents Estate of Marianne Ackmann - Illinois Street ExtensionJAMES BRAINARD; MAYOR
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
The Estate of Marianne M. Ackmann
c/o Elizabeth A. Elias
Hall Render Killian Heath &
Lyman, P.C.
One American Square
Suite 2000
Box 82064
Indianapolis, Indiana 46282
DATE: September 18, 2012
PROJECT: Illinois Street Extension
Project No. 10-10
PARCEL: 6
FEE SIMPLE PARTIAL 0.436 acres
The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your land for certain
public purposes.
The City of Cannel 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. See 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
thine (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.
DEMARTIENT OF ENGINEERING
ONE CI is SQUARE. CE..ILNEL IN 46032 OFFICE 317.571.2441 F. -cc 317.571.2439
EMAIL enginEennurmcvnnel.in. gov
I-IERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
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 conte 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.
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 oldie
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 finaljudgment
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 courts 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.
Allen D. McFearin
Acquisition Specialist
Agent, City of Carmel, Indiana
Offer made by Certified Mail 7009 1680 0000 2614 4204
If you decide to accept this offer of $29,100.00, 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. Acktnann, landowner of the above-described property or interest in property,
hereby accepts the offer of 529;100.00 made by the City of Carmel 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
JAMES BILAINARD, MAYOR
4=vt7h rev iv Jct lural Ssyntipwki r4wlear
SENDER COMPLETEfTHIS.SECT/ON
K..iNtik+Su_..1.rios •d.mw. mia?XEN1Met.df. iirt-ar P.li
2 Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
2 Print your name and address on the reverse
so that we can return the card to you.
B Attach this card to the back of the rnailpiece,
or on the.front if space permits.
v.n.iu,] s0.. d .
COMPLETE;THIS SECT'! ON DELLA PY +
ignature
1. Article Addressed to:
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0 Addressee
O. Date of Delivery
D. Is delivery address different from Item 1? 0 Yes
if YES, enlerdelivery address below: 0 No
3. Alirvici3 Type,.
Certified Mail
0 Registered
0 Insured Mail
0 Express Mail
0 Return Receipt for Merchandise
0 C.O.D.
4. Restricted Delivery? (Extra Fee)
2. Article Number
(transfer from service label)
7009 1680 0000 2614 4204
0 Yes
PS Form 3811, February 2004 Domestic Return Redeipt
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Postmark
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9/18/2012 •
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Sheat. Apt. No.;
or PO Box No.
Clfg State, ZIP.4
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DEPABTILENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571 .2
EMA:L engineeringOcarmain.go.'
102595-02-M-1540
1 FAX 317.571.2439
ACCEPTANCE OF ADMINISRATIVE SETTLEMENT
The Estate of Marianne M. Ackmann, landowner of the property or interest in property
described in Exhibit A and Exhibit 13, which are attached hereto and incorporated herein,
hereby accepts the a ministrative settlement of 534,000.00 made by the City of Carmel on
this RP/day of , //MA >,/ . 2013.
The Estate of Marianne N4. Ackmann:
BY:
Jamels i . 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
STATE OF INDIANA
COUNTY OF Rario
NOTARY'S CERTIFICATE
)SS:
Subscribed .. dav ._ a,.. - ,J
.2013.
My commission expires:
Oc+o low- 1, W? --o
County of residence: Mari on
-Ns
Signature
,isee panj /Pr
Printed
LETTERS TESTAMENTARY
(UNSUPERVISED ADMINISTRATION)
L
Cause No. 29103 -1206 -EU-
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
JUFMU1?
I e( ,/4—-1A244911
,Clerk
CCERK OF GOURTS
LETTERS OF SPECIAL ADMINISTRATION
FOR TILE 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:
1, 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 R. 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, Carmel, 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,
This
c' -C 1A "\ri. 2012
431 7
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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
1 0 2012
HAM R.TON SUPatRIOR COURT
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 )
) SS:
COUNTY OF HAMILTON)
HAMILTON COUNTY SUPERIOR COURT
CAUSE NO. 29D03 -1206 -EU -246
In Re the Unsupervised Administration of the
ESTATE OF MARIANNE M. ACKMANN
OATH
FE
DEC
7
-66 x20201122,)
iun
HAMILTON SUPERIOR COURT
I swear that I will faithfully discharge the duties of my charge as Special Administrator of
the Estate of Marianne M. Ackmann, deceased, according to law.
Jame
Prescribed by Slate Board o: 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.
Payee
T'te, dc,.o%tc n -P fV1nr+nvote Ytci if
Purchase Order No.
'Tco1 N• i 1cuJctP S--
Terms
SA JIN 4 ,2ZO
Date Due
Invoice
Date
Invoice
Number
Description
(or note attached invoice(s) or bill(s))
Amount
kV -Imo -A1. ?c»ce X (4"
32k,000 '
l__\1( Anis a. (O—toco (,o-10)
•
Total
, bOD' o0
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
VOUCHER NO. WARRANT NO.
ALLOWED 20
OC k'\auWkx toa\ut
St 0) N dye,
— dole__, t) --k 4 022.o
$ Sci 000.o°
ON ACCOUNT OF APPROPRIATION FOR
2oL
POit or
DEPT. #
INVOICE NO.
ACCT#/TITLE
AMOUNT
9`tWOSoo
3°Lcoo :F
Cost distribution ledger classification if
claim paid motor vehicle highway fund
IN SUM OF$
Board Members
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
(I,Q *-oS-oco -\3-o Z
Signature
Eosi w.tu✓
Title
ALA -REV -29
STATEMENT OF THE BASIS FOR JUST COMPENSATION
Code N/A
1. This is a written statement of, and summary of the basis for, the amount established through a valuation process as 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 recorded as:
Project Illinois Street Extension Parcel 4 Road Illinois Street City/County Carmel/Hamilton
Owner(s) Marianne M. Ackmann (deceased) — Contact (Representing Heirs): Dennis Nuhfer— 440-840-0939
3. The area and type of interest being acquired: 0.356 Acres Fee Simple, 0.080 Acres PER
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. (X) - 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 $26,600
b. Severance Damages (i.e.: Setback, Loss in Value to the
Residues, etc. NA
Other Damages (Itemize)
Cost -to -Cure Estimate
d Utility Easement/Temporary
52,500
N/A
Total Just Compensation offered for this Acquisition is: 529,100
6. The amount in Item 5 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:
N/A
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:
N/A
8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows
9. Remarks: Approved for negotiations
Date .ignature
Form 36551 (Rev. 3/96)
To:
Katie Neville
City of Carmel
One Civic Square
Carmel, IN 46032
CROSSROAD ENGINEERS, P.C.
3417 S. Sherman Drive
Beech Grove, IN 46107
Phone: 317-780-1555
Fax: 317-780-6525
LETTER OF TRANSMITTAL
Date:
Project:
WE ARE SENDING YOU
x Attached
Shop
Drawings
Copy of Letter Change Order
Prints
'CROSSROAD.
:ENGINEERS,.PC
2/25/2013
Illinois St. Re -Alignment
Project 10-10
Samples _ Specifications
Copies:
Date:
Description:
1 each
Claim Voucher (orig); W-9 (orig); Just Comp; Offer Letter; Acceptance;
Administrative Settlement Memo (orifi); Warranty Decd; Mortgage
Release; Letters Testamentary Estate of Marianne M. Ackmann (unless
otherwise stated all documents are copies)
THEY ARE TRANSMITTED AS CHECKED BELOW:
—
For Approval _ Approved as submitted _ Resubmit blueline sets w/binder
_ For your use _ Approved as noted _ Resubmit Xerox sets w/binder
x As Returned for corrections Return corrected prints
requested
For bids due 20
Katie,
Please find all necessary documents for payment processing attached. Please send the check to our office for
mailing once ready.
Cc: File
234567
REGENED
7013
t- NRtve_
G1N ENG\MEER 9J
eZLZ01> �V
Signed1? c ,
Ryan D. Perr
CITY OF CARMEL, INDIANA
ONE CIVIC SQUARE
CARMEL. INDIANA 46032
VENDOR: 367155 Page 1 of 1
THE ESTATE OF MARIANNE M ACKMAI
5801 N DELAWARE ST ECK AMOUNT: $34,000.00
INDIANAPOLIS IN 46220 CHECK NUMBER: 220049
CHECK DATE: 512112013
DEPARTMENT
ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
202 4460500 34,000.00 RIGHTS -OF -WAYS
VOUCHER NO. WARRANT NO.
S
ON ACCOUNT OF APPROPRIATION
FOR
COST DISTRIBUTION LEDGER CLASSIFICATION
IF CLAIM PAID MOTOR VEHICLE HIGHWAY FUND
Acct.
N0
Account TiUe
Amount
ALLOWED
IN THE SUM OF $
Board/Council Members