P66 WrightMEMORANDUM
TO: City of Carmel
FROM: Gina M. Hansen, Acquisition Agent
RWS South, Inc.
5226 South East Street, Suite A -7
Indianapolis, IN 46227
DATE: February 14 2008
RE: Project: 07 -08; Keystone Parkway
Code: N/A
Parcel: 66
County: Hamilton
Owner(s): Victor Daniel Wright, Jr.
Melissa L. Wright
SUBJECT: Recommendation for Administrative Settlement
The City's fair market value determination of $144,500.00 for 0.390 acres of permanent (fee simple) right -of-
way and land improvements was offered to the owner(s). During the negotiation process, the property
owner(s) rejected this offer stating that they should have an additional $10,000.00
Two appraisal reports were completed and the average of the two was the basis for the compensation
offered. The higher of the two appraisals supported a value of $155,000.00. Additionally, the City agreed to
provide the owners compensation for moving expenses, which is included in the administrative settlement.
We believe it is in the best interest of the City to settle this parcel for $154,500.00. This is an increase of
$10,000.00 over the appraised amount, and we believe a great deal of time and money can be saved by
settling this parcel as opposed to acquiring it through condemnation.
Therefore, the City's acquisition agent is directed to offer $154,500.00 to the owner(s). Should they not
accept, then the additional $10,000.00 will be withdrawn and the $144,500.00 figure will remain the
approved amount.
THIS RECOMMENDATION APPROVED:
Page 4 PROJECT 07 -08; Keystone Parkway PARCEL 66
If you decide to accept the offer of $144,500.00 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), Victor Daniel Wright, Jr. and Melissa L. Wright
landowner(s) of the above described property or interest in property, hereby accept the offer of
$144,500.00 made by the City of Carmel on this 4.h day of r-&hrtc. u) 2008.
Appraised Amount:
Administrative Settlement:
Total:
(Signature)
Victor Daniel Wright, Jr.
(Printed Name)
My County of Residence is:
ACCEPTANCE OF OFFER
$144,500.00
$10,000.00
$154,500.00
(Printed Name)
NOTARY'S CERTIFICATE
SS:
Subscribed and sworn to before me this /9 "'day of
My Commission Expires: /a /lo-- O 6
4U4
(Signature)
Melissa L. Wright
2008.
(Printed) NOTARY PUBLIC
.LENUMB RE_Fl TZ f
DULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
az day of razar. 20.01
,ectt.•ti ?ty7z:.246, Auditor of Hamilton County
Parcel 16•1d 30 p ocq- ool.000
WARRANTY DEED
2008015488 WARR DEED $20.00
03/25/2008 03:04:48P 3 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
Project: 07 -08; Keystone Parkway
Parcel: 66
THIS INDENTURE WITNESSETH THAT Victor Daniel Wright, Jr. and Melissa L. Wright
(individually and collectively the "Grantor convey and warrant to the City of Carmel, Indiana the
"Grantee for the sum of One Hundred Forty -four Thousand Five Hundred and NO /00 Dollars
144,500.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the following described real estate in Hamilton County, State of Indiana:
See attached Exhibits A and B, which is attached hereto and incorporated herein
Subject to any and all easements, agreements, restrictions and other matters of record.
It is understood between the parties hereto, and their successors in title, and made a covenant herein
which shall run with the land, that all real estate herein described (excepting any parcels or portions thereof that
are specifically and expressly designated as easements or temporary rights of way) are conveyed in fee simple
and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in
the Grantor.
IN W L W� Grantor has caused REOF, Gtor hed this Warranty Deed to be executed this day of
(n� t 2008.
GRANTOR: Victor Daniel Wright, Jr. and Melissa L. Wright
BY: 1L AAW
Printed: Victor Daniel Wright, Jr.
By:
Title: Title:
Printed: Melissa L. Wright
NOTARY CER I IFICATION
STATE OF
(fl )SS:
COUNTY OF
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Victor Daniel Wright, Jr. and Melissa L. Wright
who acknowledged the execution of the foregoing Warranty Deed for and on behalf of such Grantor, and who,
having been duly sworn, stated that the representations therein contained are true.
831464v1
WITNESS my hand and Notarial Seal this )e
My Commission Expires:
Send tax bills to: One Civic Square, Carmel, IN 46032
2
day of
�c,k(E0N• i4/
County of Residence: Q: \ori EXP
o��� \y' 3' Nota Signature
0
Imo
z 1 v SO
sic \,\0 s 'O
'L MADISC'..
TgHY PUgUC S
This instrument was prepared by 8tigitt 'e Haney, Carmel City Attorney, City Hall, One Civic Square,
Carmel, Indiana 46032
Notary Printed Name
2008.
After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel,
Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social
Security number from this document unless it is required by law. n r, eel/
Gj- -fi es SS ON `s l i 5 yucc/2 e
ealein ..(y6
LEGAL 6/98 SB
No: 000408471
LEGAL DESCRIPTION
Lot No. 43 in Carmel Meadows, Second Section, an addition to the City of Carmel, Hamilton County, Indiana, as per
plat thereof recorded in Plat Book 2, page 176, in the Office of the Recorder of Hamilton County, Indiana, EXCEPT: that
part of the above described Lot 43 conveyed to the State of Indiana for permanet right of way by Grant recorded in
Deed Record 172, page 139.
CITY OF CARMEL
BUYER'S REPORT (1)
PROJECT 07 -08: Keystone Parkway PARCEL 66 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Victor Daniel Wright, Jr. and Melissa L. Wright
9 Carlin Drive Carmel, IN 46032
NAME ADDRESS OF PERSON CONTACTED Danny Wright
9 Carlin Drive, Carmel, IN 46032
(List other interested parties on reverse side including nature of their interest)
DATE ASSIGNED 2/5/08 DATE OF CONTACT 2/7/08 TIME OF CONTACT 10:00 am
OFFER 144,500.00 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. 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. YES 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?
REMARKS: I telephoned a number previously utilized as a contact for Mr. and Mrs. Wright. A message was
left explaining that the appraisal phase was complete and I needed to present the monetary offer to them on behalf
of the City. Mr. Wright phoned and an appointment was scheduled for February 11, 2008, at 9:00 am.
2/11/08 (9:00 am) At the prearranged time, I met with Mr. and Mrs. Wright at the subject property. The offer was
presented along with all accompanying documents. Included within the packet were the following
forms /documents: an introductory letter, the Statement of the Basis for Just Compensation, (2) Appraisal Reports,
the Uniform Land or Easement Acquisition Offer letter, the Warranty Deed with Exhibits "A" and "B the Sales
Disclosure Form, the Accounts Payable Voucher, the Request for Taxpayer Identification Number and Certification
(Form W -9), the Retention of Ownership (Fixtures and Parts) Form, the Lead -Based Paint Disclosure Form, and
the "Owner's Private Appraisal Letter The Uniform Land 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
Status of Parcel: Secured, Condemned, -Other (Explain)
Distribution Made:
(X) Parcel Attorney
(X) Owner Other (Specify)
Weekly Summary
State Form 2601 (R2/3 -91)
PHONE 317.566.1315
PHONE 317.566.1315
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. YES Retention Letter?
18. YES Statement of Just Compensation?
19. YES 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
(Signature) Gina M. Hansen
Page 1 of 2
CITY OF CARMEL
BUYER'S REPORT (2)
PROJECT 07 -08; Keystone Parkway PARCEL 66 COUNTY Hamilton
NAME ADDRESS OF OWNER Victor Daniel Wright, Jr. and Melissa L. Wright
9 Carlin Drive Carmel, IN 46032
NAME ADDRESS OF PERSON CONTACTED
9 Carlin Drive, Carmel, IN 46032
1. N/A
2. N/A
3. YES
Checked Abstract with owner?
Any affidavits taken?
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?
Danny Wright
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)
PHONE 317.566.1315
PHONE 317.566.1315
CODE N/A
(List other interested parties on reverse side including nature of their interest)
DATE ASSIGNED 2/5/08 DATE OF CONTACT 2/12/08 TIME OF CONTACT 4:25 pm
OFFER 154,500.00 TYPE OF CONTACT: PERSONAL VISIT, (X) TELEPHONE CALL, (X) E -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. YES Secured W -9 Form?
LEFT FOLLOWING PAPERS WITH OWNERS:
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. N/A Receipt of Conveyance Instrument?
21. N/A Copy of Conveyance Instrument?
22. N/A Owner's Appraisal Letter?
23. N/A Brochure, "Relocation You
REMARKS: Per e-mail from Skip Tennancour, Mr. Wright spoke directly to the Mayor and a settlement of an
additional $10,000.00 was agreed upon. This settlement includes moving expenses. Jeremy Kashman is to
forward something in writing from the City for approval of this,settlement. Also, there will be no "fee" assessed
for the approved retained items.
2/13/08 (10:00 am) Mr. Wright immediately returned my call regarding the settlement. We confirmed the additional
settlement of $10,000.00, which includes moving expense. We also discussed retention items. Mr. and Mrs.
Wright are to provide me with a list of the salvage items they are requesting. I explained that the City does not
plan to raze the dwelling but may use it for a construction office.
Revised forms were mailed to the owners indicating the administrative settlement and promptly returned fully
executed. Chicago Title is handling the closing and provided a HUD -1 statement. Subsequent to review of the
HUD -1, the owners requested the City be responsible for all remaining property taxes. This request was denied
and the taxes are to be prorated to the date of closing. The closing was completed on March 18, 2008.
(Signature) Gina M. Hansen
Page 1 of 1
BUYER'S REPORT (1)
PROJECT 07 -08: Keystone Parkway PARCEL 66 COUNTY Hamilton CODE N/A
REMARKS (Cont'd): 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. 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. However, I explained the City has
decided to have a typical closing and Chicago Title will handle it. The property taxes will be prorated and the
closing costs will be the City's responsibility. The introductory letter provided in conjunction with the offer explained
that the project is to improve N. Keystone Parkway and E. 106 Street. More specifically, the entire subject
property is being acquired as permanent (fee simple) right -of -way. The permanent right -of -way, known as Parcel
66, contains 0.390 acres. The forms /documents requiring signatures and notarization were indicated. Mr. Craig
Sharpe, a friend and Broker Realtor, was introduced and explained that he is assisting with the purchase of a
replacement house. The house is in the same neighborhood and just down the street from their current residence.
The owners seemed pleased with the offer amount but stated that the Mayor had made a comment that additional
money may be available if the parcel isn't litigated. I explained that I was not aware of this. Mr. Wright stated that
he plans to contact the Mayor to discuss the possibility. I am to check on the amount of moving costs that may
be eligible for this parcel. We also discussed the retention items and the possibility of them keeping some items.
The owners did question what the City plans to do with the property. I explained that I am unsure but will inquire
with others.
State Form 20625 (R/5 -90)
Page 2 of 2
A.
CHICAGO TITLE INSURANCE COMPANY
CLOSER: Gina Y. McKeon
DATE OF PRINTING: 03/18/08 AN
TIME OF PRINTING: 14:14
SETTLEMENT STATEMENT
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
B. TYPE OF LOAN
1. FHA 2. FmHA 3. CONV. UNINS.
4. VA 5. CONV. INS.
6. FileNurriber:
408471 EX1
000408471 -001 GYM CFS
7. Loan Number
8. Mortgage Insurance Case Number
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
"(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER: City of Carmel
ADDRESS: 5226 S. East Street Ste 7
Indianapolis Indiana 46227
E. NAME OF SELLER: Victor Daniel Wright Jr. and Melissa L. Wright
ADDRESS: 9 Carlin Drive
Carmel Indiana 46032
F. NAME OF LENDER: CASH
ADDRESS:
G. PROPERTY LOCATION: 9 Carlin Drive
Carmel Indiana 46032
H. SETTLEMENT AGENT: CHICAGO TITLE INSURANCE COMPANY
ADDRESS: 6925 E. 96th St Suite 100
Indianapolis Indiana 46250
PLACE OF SETTLEMENT: 6925 E. 96th St Suite 100
ADDRESS: Indianapolis Indiana 46250
I. SETTLEMENT DATE:
March 18, 2008
DISBURSEMENT DATE:
March 18, 2008
J. SUMMARY OF BORROWER'S TRANSACTION
K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER:
400. GROSS AMOUNT DUE TO SELLER:
101. Contract sales price
14 4 5 0 0 0 0
401. Contract sales price
144, 500 00
102. Personal Property
402. Personal Property
charges to borrower nt t b r wer li a 140
103. Settlement 0
9 1400)
590.00
403: i::<:»::::>::>::>: i<»>:: s::::>::>:::>: i:»:>:: z< is ?:::<«s >i: >:::i::
i
104.
404.
105.
405.
Adjustments for items paid by seller in advance
Adjustments for items paid by seller in advance
106. City /town taxes to
406. City /town taxes to
107, County taxes to
407. County taxes to
108 Assessments to
408. Assessments to
109 Administrative Settlement
10, 000 OO
409 Administrative Settlement
10, 000.00
110.
410.
111.
411.
112.
412.
120. GROSSAMTDUEFROMBORROWER
155, 090.00
420. GROSSAMTDUETOSELLER
154,500.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money
501. Excess deposit (see instructions)
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
203. Existing loan(s) taken subject to
503. Existing loan(s) taken subject to
504. Payoff of first mortgage loan
First Horizon Home Loans
84,750 05
204.
205.
505. Payoff of second mortgage loan
KeyBank
19, 4
r 9 .52
206.
506.
207.
507.
208.
508.
209.
509.
Adjustments for items unpaid by seller
Adjustments for items unpaid by seller
210. City/town taxes to
510. City/town taxes to
211. County taxes 01/01/07 to 03/18/08
1,306.09
511. County taxes
01/01/07 to 03 /1e /08
1,306.09
212, Assessments to
512. Assessments to
213.
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. TOTAL PAID BY /FOR BORROWER
1, 306.
520. TOTAL REDUCTIONS AMT DUE SELLER
105, 850.66
300. CASH AT SETTLEMENT FROM/TO BORROWER
600. CASH AT SETTLEMENT TO /FROM SELLER
301. Gross amt due from borrower (line 120)
155. 0 90 00
601. Gross amt due to seller (line 420)
154 500 00
302. Less amts paid by /for borrower (line 220)
1,306.09)
602. Less reductions in amt due seller (line 520)
105, 850.66)
303. CASH( ►A FROM) TO) BORROWER
153, 783.91
603. CASH(® TO) FROM) SELLER
48, 649.34
I have carefully reviewed the HUD -1 Settlement State nt and to the best of my knowledge and belief, it is a true and accurat- :tem of all receipts
and disbursements made tiTly a count or by me oft e i his transaction, I further certify that I hav- r-cei ed a UD -1 le '-nt Statement.
Borrower J o� Seller L A■
C?,t of Ca el ViMe D iel Wri t Jr. Y,-
y am„
To the best of my knowled* the UD -1 Settlemen
have been or will be disburse d,liy th un
Melissa L. Wright
S atement which I have prepared is a true and accurate account of the funds which were received and
st r ed a of the settlement of this transaction.
hi/ 7
Settlement Agent bate l�
WARNING: It Is a crime to knowingly make false statements to the United States on this or a -ether similar form. Penalties upon conviction can Include afine and imprisonment. For details see:
Title 18 U.S. Corle Section 1001 and Section 1010.
OMB No. 2502 -0265
Page 1
GYM
HUT) -1 (3/R61 RPCPA. HR 41115.1
ORD /ABS# 408471 EX1 L. SETTLEMENT CHARGES TIME OF PRINTING: 14:14
ESC# 000408471 GYM CFS DATE OF PRINTING :01 /1R /OR
700. TOTAL SALES /BROKER'S COMMISSION based on price
144,500.00
PAID FROM
PAID FROM
SELLER'S
FUNDS AT
SETTLEMENT
Division of Commission (line 700) as follows:
BORROWER'S
701. LB: to
FUNDS AT
702. SB: t
SETTLEMENT
703. Commission paid at Settlement
(Money retained by broker applied to commission
704. Other sales agent charges:
705. Additional commission: to
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee to
804. Credit Report to
805. Lender's Inspection Fee to
806. Mortgage Insurance Application Fee to
807. Assumption Fee to
808.
809.
810.
811.
812.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from to /day for 0 days
902. Mortgage Insurance Premium for 0.00 months to
903. Hazard Insurance Premium for 0.00 years to
904.
905.
1000. RESERVES DEPOSITED WITH LENDER
1001, Hazard insurance o oo month per month
1002. Mortgage insurance o oo month per month
1003. City property taxes o .00 month per month
1004. County property taxes 0.00 month per month'
1005. Annual assessments o.00 month per month
1006. 0.00 month per month
1007. o oo month per month
1008. Aggregate Accounting Adjustment
0.00
0.00
1100. TITLE CHARGES
1101. Settlement or Closing Fee to Chicago Title Insurance Company
200.00
1102. Abstract or title search to
1103. Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fee to
1108. Title insurance to Chicago Title Insurance company
350.00
(includes above items numbers:
1109. Lender's 0 r coverage e 0 .00
9 so.o
3 0
1110. Owner's coverage e
9 144 0
500.0
5:: is:
1111. TIEFF to CTIC
50O
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed 20.00 Mortgage Release
20.00
1202. City /county tax /stamps: Deed Mortgage
1203. State tax /stamps: Deed Mortgage
1204. Sales Disc /Tranfer Fee to Hamitlon Cnty Auditor
15.00
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest inspection to
1303.
1304 06/07 taxes are PAID IN FULL
1305.
1306.
1307.
1400. TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section K)
590. 00
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it i a true and ac tatement of all receipts
and disbursements ma -4' my account or me in this transaction, I further certify that I ve receive copy o t H �r ment Statement.
G, Seller v /6 f
Borrower
Cit o •armel Victor Daniel Wright, r
y /I
Melissa L. Wright
To the best of my k •w erg e HU 1 -1 -ttlirment Statement which I have prepared is a true and accurate account of the funds which were
received and have ueeri or w b dis. ur A (by a ndersigned as part of the settlement of s trap ac
/i g��
Settleme t Agent Date
WARNING: It is a crime to kno gly make false statement to the United States on this or any other similar form. Penalties upon conviction can Include a fine and imprisonment. For details see:
Title 18 U.S. Cod- ection 1001 and Section 1010.
GYM
F- 2857 -01 4/80
Page 2
OMB No. 2502 -0265
T-11111-1 (3 /RA1 R FRPA 1111 44115 7.