116th - Wayne ROland - Order of AppropriationSTATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
CITY OF CARMEL, INDIANA,
Plaintiff,
v.
WAYNE M. ROLAND, et al.
Defendants.
vjgo 61511
IN THE HAMILTON SUPERIOR COURT NO 1
CAUSE NO. 29D01 -0204 -PL -253
ORDER OF APPROPRIATION
FILED
JUL 1 5 2002
4i
Alliaiaarqd AIfEPIOfl COURT
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:
Gordon Resler
1895 Conner Street
Noblesville, IN 46060
0
Brian Ayer
77 S. 9th Street
Noblesville, IN 46060
Dale Snelling
1236 Conner Street
Noblesville, IN 46060.
SO ORDERED THIS 15 DAY OF
Distribution:
R in Mills
cAamilton County Auditor
Government and Judicial Center
188 One Hamilton County Square
Noblesville, IN 46060
./Wayne M. Roland
3 Woodland Drive
Carmel, IN 46032
J Danette M. Roland
3 Woodland Drive
Carmel, IN 46032
Greg Easter, Esq.
Theresa M. Silver, Esq.
Easter & Cavosie
8440 Woodfield Crossing Blvd.
Suite 170
Indianapolis, IN 46240
Countrywide Home Loans, Inc.
c/o Unterberg & Associates, P.C.
Attn: David M. Bengs, Esq.
8050 Cleveland Place
Merrillville, IN 46410
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200\
JUDGE
HAMILTON COUNTY SUPERIOR COURT 1
2
Kenneth L. Miller, Commissioner
/ Indiana Department of Revenue
Indiana Govt. Center No., Room N248
100 North Senate Avenue
Indianapolis, IN 46204
teve Carter, Esq.
Daniel P. Miller, Esq.
Office of the Attorney General
Indiana Govt. Center So., Fifth Floor
Indianapolis, IN 46204-2770
Douglas C. Haney, Esq.
/City Attorney
City of Carmel
One Civic Square
Carmel, IN 46032
Robert A. Hicks, Esq.
H ll, Render, Killian, Heath & Lyman,
.S.C.
One American Square, Suite 2000
Box 82064
Indianapolis, IN 46282
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 the Northwest Quarter of Section 6, Township 17 North,
Range 4 East in Hamilton County, Indiana, and a part of Lot 1 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 the grantor's land lying within the
right of way lines depicted on the attached Right of Way Parcel
Plat, mffked "Attachment 1" described as follows:
Commencing at the Northwest corner of said section, thence S 89°
53' 03" E (all bearings based on bearing system for Project No.
STP -B886 ( ) for City of Carmel), 173.736 meters (570.00 feet)
along the north line of said section; thence S 0° 49' 12" W, 6.096
meters (20.00 feet) to the Northwest corner of Lot 1; thence S 89°
53' 03" E, 29.032 meters (95.25 feet) along the north line of Lot 1
to the point of beginning of this description; thence continuing S
89° 53' 03" E, 24.067 meters (78.96 feet, 78.17 feet deduced from
subdivision plat) along said north line to the Northeast corner of
Lot 1; thence S 11° 34' 03" E, 12.871 meters (42.23 feet) along the
east line of Lot 1 to a point on the right of way for Project No.
STP -B886 ( ) for City of Carmel; thence N 50° 12' 16" W, 8.144
meters (26.72 feet) along said right of way; thence N 86° 58' 02"
W, 55.662 meters (182.62 feet) along said right of way to the
northwest corner of the grantor's land; thence S 89° 53' 03" E,
35.184 meters (115.43 feet) along the north line of the grantor's
land; thence N 0° 06' 57" E, 4.572 meters (15.00 feet) along a line
of the grantor's land to the point of beginning of this description,
containing 0.0218 hectare (0.054 acre) more or less.
Page 1 of 2
EXHIBIT A
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:
04373rah.doc(mkj)
A part of Lot 1 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 described as follows:
Commetrcing at the northwest corner of Lot 1, thence S 89° 53' 03"
E (all bearings based on bearing system for Project No. STP -B886
( ) for City of Carmel) 53.099 meters (174.21 feet, 173.42 feet
deduced from subdivision plat) along the north line of Lot 1 to the
northeast corner of Lot 1; thence S 11° 34' 03" E, 12.871 meters
(42.23 feet) along the East line of Lot 1 to the point of beginning
of this description; thence continuing S 11° 34' 03" E, 8.878 meters
(29.13 feet) along said east line to a point on temporary right of
way for Project No. STP -B886 ( ); thence S 78° 25' 57" W, 4.969
meters (16.30 feet) along said temporary right of way, thence N
11° 30' 10" W, 10.924 meters (35.84 feet) along said temporary
right of way; thence N 78° 25' 57" E, 3.321 meters (10.90 feet)
along said temporary right of way to a point on the right of way for
Project No. STP -B886 ( ); thence S 50° 12' 16" E, 2.619 meters
(8.59 feet) along said right of way to the point of beginning of this
description, containing 0.0053 hectare (0.013 acres) more or less.
Page 2 of 2
Attachment 1
ENGINEER'S SKETCH
SHOWING PROPOSED ACQUISITION
PARCEL 4
CODE:
PROJECT N0. STP -8606(
ROAD: 1161h STREET
COUNTY: HAMLTON
SECTION: 6
TOWNSHIP: 17 N.
RANCE: 4 E.
0
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR CITY OF CARMEL
BY STEPHEN J. CHRISTIAN & ASSOCIATES, P.C.
OWNER: WAYNE M. ROLLAND
INSTRUMENT NO.: 9709740277
DATED: 9-23-97
LINE *A' & ¢ 116th STREET
P.O.B.
20.0
1
0
0
150.0'
4 PART OF SECTION 6.
TOWNSHIP IT N:, RANCE 4 E.
200.0'
95.25'
115.43'
EXCEPTION
0
173.42
LOT 1
115'
Page 1 of 2
0
0
Zv
0
DRAWN: A. EDWARDS
DATE: 2-21-01
CHECKED: S. SUMMERLOT
DATE: 2-26-01
5m IOm 20m 40
HATCFED MEA IS TIE
APPROXMATE TAKING
iCSTEPIIEN J. CHRISTIAN
�
ASSOCIATES, P. C.J
9302 North Meridian SI., Suile 349 Indianapolis, In 46260
1317) 566-0629
Fax: 1317) 566-0633
Email sIcassoc@indy.nel
Attachment 1
PARCEL SKETCH SHOWING
SETBACK BEFORE & AFTER
Existing
R/W Line
113.43'
Propoecd
R/W Llnc
771A4' rn
N
Pool
Dullding
L
.l
102.40
Aoplialt
Drlvo
wood tree
Wood Fence
Page 2 of 2
Propoecd
Permanent
Acquisition
a c>i .s Propoecd
Temp R/W
w
1La
Attachment 2
TERMS OF TEMPORARY CONSTRUCTION EASEMENT
1. Temporary Rights Acquired by City of Carmel. During the term of the Project, Plaintiff shall have
the exclusive right to utilize the Temporary Construction Fasement for all purposes related to the construction of
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
Plaintiff shall return the Temporary Construction Easement parcel in substantially the same condition as existed
prior to the commencement of the Project.
2. Rights Retained by Owner. The owner of the Real Estate ("Owner") shallretain unto itself, and its
grantees, heirs, successors and assigns, and others to whom Owner may grant rights or easements, the right to use
the Temporary Construction Fasement 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 right-of-way to real estate owned by Owner adjacent to the Temporary Construction
Fasement parcel via Owner's existing driveway or any future driveway.
3. Easement and Covenants Appurtenant. 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 Coristruction
Easement parcel, as applicable, shall run with the Real Estate and theTemporary Construction Easement parcel,
and shall inure to the benefit 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.
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