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Towne Road ROW Settlement - CB Towne Road pr 80 +T ID. 9\1 - oq-2l-00o -00l• 'aqg 111■ AMERICAN ---- ■ STRUCTUREPOINT INC. Lt,-.1 March 16, 2011 Ms. Katie Neville City of Carmel One Civic Square Carmel IN 46032 Re: Towne Road Phase 11, Project#06-12 Parcel 19 Secured Request for Check Processing Dear Katie: Enclosed is the file for the above-referenced project and parcel. The right of way has been purchased for the amount of the approved appraisal. After Mike McBride's review, please forward the enclosed check request and backup to Jill Newport at CrossRoad Engineers for check processing. Attachments include: CHECK • Enclosed is the Accounts Payable Voucher and backup. • After the check has been processed, please forward it to me for distribution to the owner at 128 Torrey Pine Drive, Brownsburg, IN 46112. RECORDING • Structurepoint will record the appropriate transfer documents on behalf of the City after delivery of the check to the property owner. If you have any questions or need additional information, please let me know. Best regards, Sylvia"Skip" Tennancour 128 Torrey Pine Drive Brownsburg IN 461 12 317-852-3193 phone stennancour@structurepoint.com 7260 Sraduland Station Indianapolis, IN 46256-39E7. TEl 3.17.MY ',IOU IAX 11I I M5.02,70 wtwi Fin flirt foul torn 0 ADMINISTRATIVE SETTLEMENT MEMORANDUM TO: Steve Engelking,Director of Administration City of Carmel FROM: Stephen J. Klineman,Acquisition Specialist Specialized Land Services, Inc. DATE: March 9,2011 RE: Request for Administrative Settlement Project 06-12 Parcel: 19 Owner(s): CB Towne Road LLC We have pursued the attempted acquisition of the above subject parcel to the point where there is an impasse with the owners in regard to the amount of just compensation,as well as design issues. The City's"Fair Market Value"determination is$68,000.00. The owner has agreed to settle for$80,000.00 and will accept nothing less. We feel that it would be in the City's best interest to settle for the requested amount considering the cost involved in litigation and the risk of an even greater court award. We, therefore, recommend that the sum of$80,000.00 be awarded to the owners. The monetary amount represents an increase of $12,000.00 over the original offer and is the most practical and economical solution to this matter. THIS RECOMMENDATION IS APPROVED: Steve Engelking,Director of Administration Date City of Carmel CHECK REQUEST FOR SECURED PARCEL PROJECT PROJECT NAME: Towne Road, Phase II NUMBER: 06-12 PARCEL DATE OF NUMBER: 19 REQUEST: 3��/Z a MAKE CHECK PAYABLE TO: 03 Towne Road LLC 6430 Corwall Cr. Indianapolis, IN 46256 ADDRESS: AMOUNT OF CHECK: $80,000.00 PROPERTY OWNER SIGNATURE: X PROPERTY OWNER SIGNATURE: X Form Revised 11/12/03 Page 4 Project: 06-12 Parcel: 19 If you decide to accept the offer of$68,000.00* made by The City of Cannel, 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 I (We), C g 're(AnAct land owner(s) of the above described property or interest in property,hereby accept the offer of $68,000.00* made by The City of Cannel on this ch day of '4 N-A-Gk 20 r *Original Offer Amount $68,000.00 + Admin. Settlement $12,000.00 New Total $80,000.00 CB Towne Road LLC By: By: ftSignature Signature t /Y►� ke ))a-fit( (mewl t5 ,ar) Printed Name and Title Printed Name and Title NOTARY'S CERTIFICATE STATE OF 'TNT t q j. ) ) SS: COUNTY OF N4mt t-.ToM Subscribed and sworn to before me this 08 day of ‘-.."(Y1 Q.n,efk , 20 My commission expires: \`a , '� p t 15 My county of residence is: ;tan gl 112@ mbziti Q , aett co (Signature) (� Q.\C. to A • S-1CeSS a1 g (Printed) Notary Public t os/oa ' STATEMENT OF THE BASIS FOR JUST COMPENSATION Project# 06-12 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. In accordance with Public Law 91-646 as amended, the"Uniform Act", and as codified in Indiana at IC 8-23-17-1 through 8-23-17-35,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# 06-12 Parcel 19 Road Towne Road County Hamilton Owner(s) Towne Road LLC,formerly CB Children Partnership 3.The area and type of interest being acquired: Fee Simple t 0.627 Net Acres+ PER @ 0.261 Acres - 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 properly. 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 $68,000.00 b. Severance Damages(i.e.: Setback, Loss in Value to the Residues,etc) $N/A c. Other Damages(Itemize) Cost-To-Cure estimates: $N/A $ Temporary RNV $ Total Damages $N/A Total amount believed to be Just Compensation offered for this Acquisition is: $68,000.00 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: N/A—Undeveloped Land 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—Undeveloped Land 8. Items owned by others(i.e.:lessee,tenants,etc.) included in Item 5 above are identified as follows: N/A 9.Remarks: City of Carmel Approval: n 'evie it• Signature: et— Signature: Name Printed: c5' - —2,A Name Printed: •"=lena Ackedy Title: / � $ /� Company: Date: / /1 LIQ I/ Date: 12/28/10