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P34 Trident FoodsAttn: Steve Socrates 6409 Castleway Court Indianapolis, IN 46250 Copied State Form 36256 R8/89 J v1 s BIZ 1INa12D, 1VI�� olz UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER TO: Trident Foods, Ltd., an Ohio limited liability company The City of Carmel is authorized by Indiana law to obtain your property or an easement across your land for certain public purposes. The City of Carmel needs (your property) (an easement across your land) for an improvement known as 07 -08: Keystone Parkway and needs to take the (property) (easement) as described on the attached legal description. It is our opinion that the fair market value of the (property) (easement) we want to acquire from you is $27,700.00, and, therefore, the City of Carmel offers you $27,700.00, for the above described (property) (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 deed, grant or easement, and provided there are no difficulties in clearing Hens or other problems with title to the land. Possession will be thirty (30) days after you have received your payment in full. DEPARTMENT nMI:. I yr ENGINE I:ING ONI_ C Vic SQI:ARE, C RMEI. IN 16032 OHHIcr, 31 7.57 1._ ENIAII, �n inrcrin I lI1. <n G PROJECT: 07 -08; Keystone Parkway PARCEL: 34 COUNTY: Hamilton Fn\ 317.571.2=139 Page 2 PROJECT 07 -08: Keystone Parkway PARCEL 34 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel is required to make a good faith effort to purchase (your property) (an easement across 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 come to an agreement on the acquisition of (your property) (an easement), the City has the right to file suit to condemn and appropriate the (property) (easement) 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 files suit to condemn and acquire (your property), (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 (property) (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 (property) (easement) condemned. 8. If the court appraisers' report is not accepted by either of us, then the City 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 is legally entitled to immediate possession of the (property) (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 the final judgement awarded you 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 judgement. Page 3 PROJECT 07 -08; Keystone Parkway PARCEL 34 9. The trial will decide the full amount of damage you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the and or easement. 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 the notice. 10. The $27,700.00 offer made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest for the property rights being acquired. 11. Any improvements or items within the proposed right -of -way which you are responsible for moving, must be removed within 30 days of the date you are paid. At the end of that 30 -day period, any items remaining on right -of -way become encroachments. Pursuant to Indiana law, the Agency has the right to remove any encroachment from its right -of -way after giving the owner proper notice. Further, any costs incurred by the Agency while removing such items will be assessed to the owner. If you have any question concerning the removal of items, contact the Buyer at the address below, telephone 317 781 -9723. 12. If you have any questions concerning this matter, you may contact me at: This offer was made to owner(s): "Via Certified Mail" Trident Foods, Ltd., an Ohio RWS South, Inc. Attn: Elizabeth A. Sullivan 5214 South East Street, Suite D -2 Indianapolis, IN 46227 317.781.9723 1.877.781.9723 (toll free) limited liability company of Hamilton County mailed on November 19, 2008 (Date) BY: Agent of City of Carmel Elizabeth A. Sullivan, Buyer (Printed Name and Title) Page 4 PROJECT 07 -08; Keystone Parkway PARCEL 34 If you decide to accept the offer of $27,700.00 made by the City of Carmel, 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. I (We), Trident Foods, Ltd., an Ohio limited liability company landowner(s) of the above described property or interest in property, hereby accept the offer of $27,700.00 made by the City of Carmel on this 30 711 day of Trident Foods, Ltd., an Ohio limited liability company (Printed Name) STATE OF PH/ D SS: COUNTY OF XA -n0KLP Subscribed and sworn to before me this 2Z ?if day of J AN Ui4,ctJ My Commission Expires: A a3. 2 1 i My County of Residence is: ik4n41a ACCEPTANCE OF OFFER By: (Signature) NOTARY'S CERTIFICATE (Printed Name) Harare L Brown ioiry Public, State o10 (Sig nature) Miy Ccm }fission Expires 02. 212012 ,6946/1-4/4 L r (Printed) NOTARY PUBLIC 2370 E. 116 Street, Carmel, I N 46033 NAME ADDRESS OF PERSON CONTACTED 6409 Castleway Court, Indianapolis, IN 46250 1. YES Checked Abstract with owner? 2. N/A Any affidavits taken? 3. YES Any mortgage(s)? 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. NO Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? CITY OF CARMEL BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 34 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER Trident Foods, Ltd., an Ohio limited liability company Steve Socrates PHONE 614.737.7810 PHONE 317.846.4412 (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/30/08 DATE OF CONTACT 11/12/08 TIME OF CONTACT 8:20 am OFFER 27,700.00 TYPE OF CONTACT: PERSONAL VISIT, (X) TELEPHONE CALL, (X) MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 13. N/A Sent Daily Notice to Relocation Section? 14. NO Secured W -9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. YES Written Offer? 16. YES Land Acquisition Brochure? 17. N/A Retention Letter? 18. YES Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. NO Receipt of Conveyance Instrument? 21. YES Copy of Conveyance Instrument? 22. YES Owner's Appraisal Letter? 23. N/A Brochure, "Relocation You REMARKS: Mr. Steve Socrates telephoned in response to the message I had left. I explained that I am assisting the City of Carmel with the acquisition phase of the Keystone Parkway 116 Street improvement project. In conjunction with the project I need to present a monetary offer for the additional right -of -way required for the project. I provided the option to meet for the presentation of the offer or it could be mailed "certified Mr. Socrates preferred mailing and provided an alternate mailing address. He also requested that a copy of the offer be forwarded to the Ohio office and provided the address. Consequently, the offer and related information were mailed via "Certified mail, Return Receipt Requested on November 19, 2008, with a date of delivery on November 20, 2008. Included within the packet were the following forms /documents: an introductory letter, the booklet, "ACQUISITION, Acquiring Real Property for Federal And Federal -Aid Programs and Projects and the form acknowledging its receipt, the Confirmation of Opportunity to Accompany Appraiser on Inspection, the Statement of the Basis for Just Compensation, the Appraisal Report, the Uniform Property or Easement Acquisition Offer letter, the Warranty Deed with Exhibits A" and "B the Right -of -Entry with Exhibits, the Sales Status of Parcel: Secured, Condemned, -Other (Explain) Distribution Made: (X) Parcel Attorney (X) Owner Other (Specify) i4 Weekly Summary (Sign ua(t re) Elizabeth A. Sullivan State Form 2601 (R2/3 -91) a Page 1 of 2 BUYER'S REPORT (1) PROJECT 07 -08; Keystone Parkway PARCEL 34 COUNTY Hamilton CODE N/A REMARKS (Cont'd): Disclosure Form, the Accounts Payable Voucher, the "Request for Taxpayer Identification Number and Certification (Form W -9), and the "Owner's Private Appraisal Letter The Uniform Property or Easement Acquisition Offer letter, in accordance with I.C. 32 -24 -1, provides only 30 days from its receipt to accept or reject the City's offer. The 30 days may be waived and the offer accepted or rejected now or at anytime during this period. It was also indicated that the legally protected rights and options under Indiana's eminent domain law are set forth on page two of the Uniform Land or Easement Offer Letter, as well as within the booklet, "ACQUISITION, Acquiring Real Property for Federal and Federal -Aid Programs and Projects It was explained that typically, the City makes payment within 90 days after receiving the secured parcel file from the consultant and Indiana law dictates that possession of the property will transfer to the City thirty (30) days after payment is received. The introductory letter mailed in conjunction with the offer explained that the project is to improve N. Keystone Parkway, 116 Street, and Carmel Drive. More specifically, a portion of the subject property is required as permanent (fee simple) right -of -way. The permanent acquisition, known as Parcel 34, contains 0.032 acres. As explained in the form, "Owner's Private Appraisal Letter the owner or a representative may submit an independent appraisal for review at their own expense. The forms /documents requiring signatures and notarization were indicated. Mr. Socrates was encouraged to call with any questions or to schedule an appointment. State Form 20625 (R15 -90) Signature Elizabeth A. Sullivan Date Checked Abstract with owner? Any affidavits taken? Any mortgage(s)? PROJECT 07 -08; Keystone Parkway PARCEL 34 COUNTY Hamilton CODE N/A NAME ADDRESS OF OWNER Trident Foods, Ltd., an Ohio limited liability company 1328 Dublin Road, Suite 300, Columbus, OH 43215 PHONE 614.737.7810 NAME ADDRESS OF PERSON CONTACTED John F. Schall, Vice President of Engineering 1328 Dublin Road, Suite 300, Columbus, OH 43215 PHONE 614.425.9103 4. N/A Any other liens, judgments, etc.? 5. N/A Showed plans? Explained take? 6. N/A Explained about retentions? 7. N/A Any major item retained? 8. N/A Any minor item retained? 9. N/A Walked over property? 10. N/A Arranged for owner to pay taxes? 11. NO Secured Right -of -Entry? 12. N/A Secured Driveway Right -of -Entry? (List other interested parties on reverse side including nature of their interest) DATE ASSIGNED 10/30/08 DATE OF CONTACT 1/9/09 TIME OF CONTACT 9:30 am OFFER 27,700.00 TYPE OF CONTACT: PERSONAL VISIT, (X) TELEPHONE CALL, (X) MAIL Write: YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. N/A 2. N/A 3. YES CITY OF CARMEL BUYER'S REPORT (2) REMARKS: Mr. John Schall telephoned in response to messages I had left inquiring of the status of the parcel. The proposed drive was discussed. It is to be approximately 46 feet wide and 116 Street is to be raised approximately 1.5 to 2 feet at the subject's drive. I forwarded plan sheets for Mr. Shall's review on January 16 Mr. Schall telephoned and verbally accepted the offer. He did not have a original offer packet, thus I forwarded him the forms and documents, which required signatures. The executed forms /documents were received. I contacted Mr. Schall and explained that the Title and Encumbrance Report indicated several mortgages and judgements. Mr. Shawn Hillier with Trident Foods telephoned and provided the contact person for their mortgage company. He stated that he was unaware of any judgements for taxes as they are being shown as paid current. The Partial Release of Mortgages were later received on April 2 I called Ms. Annette Tubaugh with Huntington Bank to verify that the releases are being recorded. She stated that they are and once the recorded copies are returned she would provide copies to me. I contacted the Sheriff's Department and verified that all of the Tax Warrants listed within the Title and Encumbrance Report have been cleared. The Hamilton County Treasurer was also contacted and I verified that the real estate taxes are paid current. The Receipt of Conveyance Instrument was later mailed to John Schall. Status of Parcel: (X)- Secured, Condemned, -Other (Explain) Distribution Made: (X) Parcel Attorney (X) Owner Other (Specify) Weekly Summary State Form 2601 (R2/3 -91) 13. N/A Sent Daily Notice to Relocation Section? 14. YES Secured W -9 Form? LEFT FOLLOWING PAPERS WITH OWNERS: MAILED 15. N/A Written Offer? 16. N/A Land Acquisition Brochure? 17. N/A Retention Letter? 18. N/A Statement of Just Compensation? 19. N/A Tax memo (interim period)? 20. YES Receipt of Conveyance Instrument? 21. N/A Copy of Conveyance Instrument? 22. N/A Owner's Appraisal Letter? 23. N/A Brochure, "Relocation You (Sig ature) Elizabeth A. Sullivan Page 1 of 1 Payee Trident Foods. Ltd. Purchase Order No. Attn.: John F. Schell Terms 1328 Dublin Road Date Due Columbus, OH 43215 Invoice Date Invoice number Description (or note attached invoices) or bill(s)) Amount PROJECT: 07 -08: Keystone Parkway PARCEL: 34 COUNTY: Hamilton Compensation for Permanent (Fee Simple) Right -of -Way Total: S27.700.00 Prescribed by State Board of Accounts 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. 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 2009 ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL INDIANA Clerk- Treasurer Title City Form No. 201 (Rev. 1995) By: Signature Title 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.