Cool Creek Trails - Danbury Estates Settlement BOSE Alan S. Townsend
MC1�.L �1 �.0 l K vlvt{ y Suite 2700
11 I Monument Circle
& E, ANS ITP 1� Indianapolis,IN 46204
�' v Direct Dial:(31 7)684-5225
Fax: (317)223-0225
ATTORNEYS AT LAW E-Mail: ATownsend@boselaw.com
August 25, 2009 Via Electronic Mail Only
Scott P. Wyatt
CAMPBELL KYLE PROFIT LLP
11595 North Meridian Street
Carmel, IN 46032
Re: City of Cannel v. Danbury Estates Homeowners Association,Inc.
Hamilton Superior Court, Cause No. 29D01-0907-PL-00876
Dear Scott:
I am writing to confirm our conversation of earlier today in which we agreed to resolve the
above-referenced matter in its entirety. Specifically, the City of Carmel ("Carmel") has agreed
to pay Danbury Estates Homeowners Association, Inc. ("Danbury Estates") $80,000.00 for fee
simple title to the 1.492 acres necessary to construct and maintain Cool Creek Trail North. As
part of this agreement, Danbury Estates shall donate all of its property located between Cool
Creek Trail North and Cool Creek to Carmel at no cost. Also as part of this agreement, Danbury
Estates shall execute a Right of Entry so Carmel can have access to the 1.492 acres just as soon
as possible in order to facilitate construction of Cool Creek Trail North. The Right of Entry is
attached hereto. •
If you have any questions, please do not hesitate to phone. Otherwise, I will notify the Court that
tomorrow's hearing is unnecessary. Thanks in advance for your cooperation.
Sincerely,
Alan S. Townsend
AST/dlw
Enclosures
cc: Mike McBride(with enclosure)
David Littlejohn(with enclosure)
1484363;8824-I19
11 I Monument Circle,Swle 2700 ! Indianapolis, Indiana 46204 Main Telephone:317-684-5000 Main Fax:317-684-8173
www.hosei;lw.com
CLOSING STATEMENT
Seller: DANBURY ESTATES HOMEOWNERS ASSOCIATION, INC.
Buyer: CITY OF CARMEL
Property: Approximately 1.492 acres in Carmel, Hamilton County, Indiana,
as shown on Exhibit A and Exhibit B attached hereto
Closing Date: , 2010
Purchase Price: $ 80,000.00
Expenses:
Recording Fee POC by Buyer
Transfer Fee POC by Buyer
Balance Due to Seller at Closing: S80_0_00.00
BUYER: SELLER:
CITY OF CARMEL DANBURY ESTATES HOMEOWNERS
ASSOCIATION, INC.
�;s
By: By1 < Jti •
Printed: Printed X76 c :C
Title: Title: _D(.J.tx;
Associated Right-off Way Set'ices, Inc.
TO: Jill Newport
FROM: Allen D. McFearin
RE: Project: Cool Creek Trail
Parcel: 8
• Owner: Danbury Estates Homeowners Association, Inc.
•
DATE: June 3. 2010
The above parcel is secured and ready for processing for payment.
The Uniform Property or Easement Acquisition Offer to acquire a perpetual easement of
1.492 acres was made by certified mail on October 7, 2008. A copy of the offer and the
receipt of the certified mail are enclosed.
We were not able to negotiate the acceptance of the offer and the parcel was forwarded
for condemnation. (City of Cannel v. Danbury Estates Homeowners Association, Inc.,
Hamilton County Superior Court, Cause No. 29D01-0907-PL-00876).
The parties to the litigation reached a settlement agreement which is described in the
August 25, 2009 letter from Alan S. Townsend to Scott P. Wyatt. A copy is enclosed.
In brief and in part, the agreement called for the City of Carmel to pay Danbury Estates
Homeowners Association, Inc. the sum of$80,000.00 for the fee simple title to 1.492
acres. Additionally, Danbury Estates Homeowners Association, Inc. would donate all of
its property located between Cool Creek Trail North and Cool Creek to the City of
Carmel at no cost.
The following documents are enclosed for the 1.492 acre parcel:
Corporate Warranty Deed (original)
Vendor's Affidavit (original)
Closing Statement(original)
W-9 Form (original)
Sales Disclosure Form (original)
The following documents are enclosed for the donation acre parcel:
Corporate Warranty Deed (original)
Vendors Affidavit (original)
Closing Statement (original)
Sales Disclosure Form (original)
Donation Agreement (original)
I.1 I N. Arline[on Ave.. Suite 209 * Indiananolis.lndiana 46219 (317)322-0489 FAX: (317)322-0589
The check should be made out to Danbury Estates Homeowners Association. Inc. When
the check is issued. please have it delivered to Tammy Haney, Bose McKinney & Evans
LI.P. Suite 2700. I 1 I Monument Circle,
Indianapolis. IN 46204.
II you need additional information. please let me know.
xc with enclosures: .1. Deahl
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C ITYTh,TOF MEL
JAMES BRAIN:Uf), ibIAYan
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
DATE: October 5, 2008
Danbury Estates I-Iomeowners PROJECT: Cool Creek North trail
Association, Inc. PARCEL: 8
c/o Emily Miller PERPETUAL EASEMENT: 1.492 acres
1950 Greyhound Pass E#18-343
Carmel, IN 46033
The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your property or an
easement across your property for certain.
The City of Carmel needs an easement across your property for a public improvement. In this
instance, the City of Cannel needs an easement across your property for the public improvement
project Cool Creek North and needs to take the perpetual easement 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 easement we want to acquire from you is
514.200 and, therefore, we offer you 524.200.00 for the above-described 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 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.
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__ you do 0. have to accent this oiler and the City of Cannel is not required to agree to your demands.
3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of an
easement, the City of Cannel has the right to file suit to condemn and acquire the easement in the county in
which the real estate is located.
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 an easement; and the court grants its request
to condemn, the court will then appoint three appraisers who will make an independent appraisal of the
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 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 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 fmal judgment
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 court's 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
1317 N. Arlington Avenue, Suite 209, Indianapolis,Indiana, 46219, or telephone 322-0489.
in care oilEmil). Miller On ilk. day of . 2008.
BY: a-1'j
Allen D. McFearin
Acquisition Specialist
Agent, City of Cannel. ndiana
Offer made by certified mail: 7007 2680 0002 2729 5216