116th - James Tanton - Order of APpropriationSTATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
CITY OF CARMEL, INDIANA,
Plaintiff,
v.
JAMES A. TANTON, et al.
Defendants.
-a rce
IN THE HAMILTON SUPERIOR COURT NO 1
CAUSE NO. 29D01 -0201 -PL -0050
FILED
JUN 2 6 2002
CS
CLERK OOF THE-'
HAMILTON SUPERIOR COURT
ORDER OF APPROPRIATION
The Clerk of the Court, having certified pursuant to I.C. 32-11-1-7 that Plaintiff City of
Carmel has deposited with such Clerk a sum of money equal to (a) the amount determined by the
Court -Appointed Appraisers to be due the Defendants named herein plus (b) the amount of such
Appraisers' fee for performing such appraisals, the Court now orders that the real estate owned
by the Defendants described on the attached EXHIBIT A, incorporated herein by this reference
and needed by Plaintiff for the purpose of enlarging the right of way of 116th Street, is hereby
condemned and appropriated to Plaintiff.
The Auditor of Hamilton County, Indiana, is hereby ordered to transfer the Real Estate on
the tax records of such County to Plaintiff.
The Clerk is hereby ordered to pay the fees of the three Court Appointed Appraisers, each
such Appraiser to receive $750 from the amount paid to the Clerk by Plaintiff. The Appraisers
and their mailing addresses are:
6 le 6,3
Gordon Resler
1895 Conner Street
Noblesville, IN 46060
Marshall Andich
P.O. Box 494
Carmel, IN 46082
Dale Snelling
1236 Conner Street
Noblesville, IN 46060.
SO ORDERED THIS 29 DAY OF
, 2002.
,2—,Rmis,.._t_
JUDGE
HAMILTON COUNTY SUPERIOR COURT 1
•
Distribution:
0.obin Mills
/Hamilton County Auditor
Government and Judicial Center
188 One Hamilton County Square
Noblesville, IN 46060
a$,
James A. Tanton
1815 East 116t Street
Carmel, IN 46032
Angela D. Tanton
234 West Madison
Tipton, IN 46072
John J. Fihe, Esq. —
1923 West Fourth Street D•.
P.O. Box 1252 ��'/a7/03 "''
Marion, IN 46952
GE Capital Mortgage Services
c/o CT Corporation System
36 S. Pennsylvania St., Suite 700
Indianapolis, IN 46204
Harry C. Elliott
/ 620 Rangeline Road
Carmel, IN 46032
Joseph Barnett, CEO
Bank One Indiana, NA
Y 111 Monument Circle
Suite INI-0481
Indianapolis, IN 46277
Sean Fleck, Esq.
Holt, Fleck & Romine
83 South 9th Street
Noblesville, IN 46060
Daniel P. Miller, Esq.
Deputy Attorney General
Office of the Attorney General
Indiana Govt. Ctr. So., 5`h Floor
402 West Washington St.
Indianapolis, IN 46204-2794
Kenneth L. Miller, Commissioner
Indiana Department of Revenue
Indiana Government Center No., Room N248
100 North Senate Avenue
Indianapolis, IN 46204
Doug Williamson
j1424 Douglas Drive
Carmel, IN 46033
Banc One Wisconsin
c/o Richard Tetrick
111 Monument Circle
Suite 1911
Indianapolis, IN 46277
Hahn Surveying Group, Inc.
c/o Rick O'Brien
2850 East 96th St.
Indianapolis, IN 46240
Maureen T. Owen, Esq.
/Statewide Credit Agency, Inc.
101 West Ohio St., 21St Floor
Indianapolis, IN 46204
Douglas C. Haney, Esq.
City Attorney
City of Carmel
One Civic Square
Carmel, IN 46032
Robert A. Hicks, Esq.
/Hall, Render, Killian, Heath & Lyman, P.S.C.
One American Square, Suite 2000
Box 82064
Indianapolis, IN 46282
04300rah.doc(mkj)
4
EXHIBIT A
• The portion of the Real Estate which Plaintiff needs permanently for the Project and is
seeking to take, condemn and appropriate fee simple title to is legally described as follows:
A part of Lot 16 in Woodland Golf Club Subdivision in the Northwest Quarter of
Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, the
plat of which is recorded as Deed Record 136, pages 545 and 546 in the office of
the Recorder of Hamilton County, Indiana, and being that part of Tanton's land
lying within the right of way lines depicted on the attached Right of Way Parcel
Plat, marked "Attachment 1" described as follows:
Commencing at the northwest corner of Lot 16 and the point of beginning of this
description: thence S 89° 53' 03" E (all bearings based on bearing system for
Project No. STP -B886 ( ) for City of Carmel), 38.100 meters (125.00 feet) along
the north line of Lot 16 to the east line of Lot 16; thence S 0° 06' 57" W, 11.904
meters (39.06 feet) along the said east line to a point on right of way for Project
No. STP -B886 ( ); thence N 89° 53' 03" W, 38.100 meters (125.00 feet) along
said right of way to the west line of Lot 16; thence N 0° 06' 57" E, 11.904 meters
(39.06 feet) along said west line to the point of beginning of this description,
containing 0.0454 hectare (0.112 acre) more or less.
• The specific terms and provisions of the temporary construction easement which Plaintiff
needs for the Project are attached hereto as "Attachment 2." The Real Estate which Plaintiff
is seeking to take, condemn and appropriate a temporary construction easement on, in, over,
under and across is described as follows:
A part of Lot 16 in Woodland Golf Club Subdivision in the Northwest Quarter of
Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, the
plat of which is recorded as Deed Record 136, pages 545 and 546 in the office of
the Recorder of Hamilton County, Indiana, described as follows:
Commencing at the northwest corner of Lot 16, thence S 0° 06' 57" W (all
bearings based on bearing system for Project No. STP -B886 ( ) for City of
Carmel) 11.904 meters (39.06 feet) along the west line of Lot 16 to a point on
right of way for Project No. STP -B886 ( ) and the point of beginning of this
description; thence S 89° 53' 03" E, 6.562 meters (21.53 feet) along said right of
way to a point on temporary right of way for Project No. STP -8886 ( ); thence. S
0° 06' 57" W, 5.000 meters (16.40 feet) along the said temporary right of way;
thence N 89° 53' 03" W, 6.562 meters (21.53 feet) along said temporary right of
way to the west line of Lot 16; thence N 0° 06' 57" E, 5.000 meters (16.40 feet)
along said west line to the point of beginning of this description, containing
0.0033 hectare (0.008 acre) more or less.
04360rah.doc(mkj)
Attachment 1
ENGINEER'S SKETCH
SHOWING PROPOSED ACQUISITION
PARCEL 9
COOS:
PROJECT N0. SIP -006G( I
ROAD: 116(h STREET
cOJN TT: IwJETon
SECTION: 6
TOWNS*Ip: 17 N-
RAYCE:4 E
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR QTY OF CNiuEL
OY STEPIEN J.QIQSTVN G ASSOCIATES, P.C.
O MER: JAMES A TM TON
ANGELA 0. T.W10N
INSTRUMENT Nq: 9406056
0ATE0: 2-17-94
DRAWN: A EDWARDS
OAT& 1-N-01
Q IEQ(E0: s- Q fUSNAN
OAIE: I-22-01
NOTES: STADDNS L 01-F5ETS CONTROL OYER 80111 NORTH
EAST COO107I1A1ES MD BEARNCS OtSTA/C=5.
=SEE LOCATICt CONTROL ROUTE SURVEY PLAT.
SURVEYOR'S STATEMENT
TO THE BEST OF MY KNOWLEDGE ANO BELIEF; THIS PLAT, TOCET.EIER WITH
IE LOCATION CONTROL ROUTE SURVEY PLAT RECORDCO AS INSTRUMENT
200000061076 �AND LE CE o TIC REOOROER OF IINALTON. cowry. tecoNA
(INCORPORATED
co.6Yt($E A ROUTE SURVEY.ExECULEO N (ERE OF BY REFERENcti
nti
ADIJUSTRAfIYE COOC 865 IAC T-12 (nut( Q1. Accorti)AR� rant 9101A'N
2-6-01 -_,
STEPHEN J. CHRISTIAN
GATE
REGISTERED
L.Y(0 SURVEYOR N0. 890001
STATE OF OQWIA
9302 Noll: Meifon SI.. Suite 349 incknopo6s, 4i 46240
13171 566-0628
Fon (3171 566-0633
sjcessocciMyncl
0
Attachment 1
DETAIL OF PROPOSED
ACQUISITION
M agi: went 2
TERMS OF TEMPORARY CONSTRUCTION EASEMENT
1. Tem ora iy Rights Aatuircd by Citr
ntiff shall
the exclusive right to utilize the Temporary Construction Easement Carmel. fob all purposes trurinthe term oflel tedlto thelaico tstruc ionlof e
the Project, including, but not limited to the storing of Plaintiffs equipment and the staging of the construction of•
the Project. Upon the completion of the Project, such Temporary Construction Easement shall terminate and
Plainti fr shall return the Temporary Construction Easement parcel in substantially the same condition as existed
prior to the commencement of the Project.
�- Rights Retained by Owner. The owner of the Real Estate "O
grantees, heirs, successors and assigns, and others to whom Owner may grant rights orleasements,. l eall retain untorright to used
the Temporary Construction.Easement parcel -for any and all purposes and uses not inconsistent with the foregoing
easement acquisition by Plaintiff, including without limitation the right to install, use, maintain, repair and replace
existing driveways and curbing not removed by Plaintiff as part of the Project Owner and its grantees, heirs,
successors and assigns shall retain.the right of access over and across the Temporary Construction Easement parcel
to and from the public fight -0f --way to real estate owned by Owner adjacent to the Temporary Construction
Easement parcel via Owner's existing driveway or any future driveway.
3. Easement and Covenants A urtenant. The easements created and made herein, together with
the benefits thereof, shall run with the Real Estate and inure to the benefit of Plaintiff and its grantees,
successors and assigns. The easements granted, created and made herein, together with the burdens thereof,
shall run with and bind the Real Estate, and shall bind Owner and its grantees, successors and assigns. All
covenants and agreements of the Owner and Plaintiff hereunder, together with the benefits and burdens thereof,
shall be deemed to be real covenants which touch and concern the Real Estate and the Temporary Construction
Easement parcel, as applicable, shall run with the Real -Estate and the Temporary Construction-Easementparcel ----_.
and shall inure to the•benefrt of and be binding upon Owner and Plaintiff, as applicable, and their respective
grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for
specific performance, and in the event that a party breaches any such covenant or agreement, the other party
may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all
amounts expended in connection with exercising any such remedy.
(Nos7rali
01/24102