P90 LennonSETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Settlement Agreement is made and
entered into this 2 day of August, 2010, by and between the City of Carmel "Carmel and
Lawrence B. Lennon, Trustee, Lawrence B. Lennon Revocable Living Trust dated the 12th day
of January, 2006 "Lawrence B. Lennon
Recitals
1. Carmel is a municipality duly organized and existing pursuant to the laws of the
State of Indiana.
2. Lawrence B. Lennon owns certain real estate in Section 30, Township 18 North,
Range 4 East in Hamilton County, Indiana.
3. Pursuant to Indiana law, Carmel is entitled to exercise the power of eminent
domain.
4. Pursuant to a lawsuit captioned City of Carmel v. Lawrence B. Lennon, Trustee,
Lawrence B. Lennon Revocable Living Trust Dated the 12 Day of January, 2006 and The
Huntington National Bank, Cause No. 29D01- 0904 -PL -00569 (the "Condemnation Lawsuit
Carmel is seeking to acquire 0.346 acre of real estate from Lawrence B. Lennon to accommodate
a road improvement project (the "Lennon Real Estate A true and accurate copy of the legal
description of the Lennon Real Estate is attached hereto as Exhibit A.
5. The Huntington National Bank owns an interest in the Real Estate in the nature of
two (2) mortgages in its favor, the first of which was recorded April 27, 2004 as Instrument No.
200400027402 and the second of which was recorded August 15, 2006 as Instrument No.
200600047813, both in the office of the Recorder of Hamilton County, Indiana.
6. Carmel and Lawrence B. Lennon, among other things, dispute the value of the
Lennon Real Estate and other issues set forth in the Condemnation Lawsuit.
7. After consulting with their legal counsel, Carmel and Lawrence B. Lennon have
agreed to resolve all of their disputes concerning (a) the Lennon Real Estate, and (b) the
Condemnation Lawsuit, without the expense, uncertainty, and necessity of additional litigation,
to buy their peace without admitting any liability, and to settle all possible claims therein on the
basis hereinafter stated.
NOW THEREFORE, in consideration of the promises and covenants expressed herein,
Carmel and Lawrence B. Lennon represent and agree as follows:
1. Settlement Terms. In consideration of the sum of Ninety -Six Thousand Dollars
and No Cents ($96,000.00) (the "Settlement Amount") paid by or on behalf of Carmel and in
accordance with the terms of this Settlement Agreement, Lawrence B. Lennon shall (a) convey a
fee simple interest in the Lennon Real Estate, free of all liens and encumbrances, to Carmel by a
Warranty Deed in the form attached hereto as Exhibit B, (b) provide Carmel with an executed
Partial Releases of Mortgage in the form attached hereto as Exhibit C, (c) execute a Sales
Disclosure Form in the form attached hereto as Exhibit D, (d) complete the W -9 in the form
attached hereto as Exhibit E, (e) execute the Agreed Findings and Judgment in the form attached
hereto as Exhibit F. It is further understood and agreed that Lawrence B. Lennon shall be
responsible for and satisfy all property taxes, if any, on the Lennon Real Estate which accrued
before the date of this Settlement Agreement.
2. Other Good and Valuable Consideration. Carmel shall, in its sole discretion,
install landscaping on the Lennon Real Estate in an effort to provide some screening. Further,
Carmel and Lawrence B. Lennnon shall execute the Consent to Encroach attached hereto as
Exhibit G and submit the Consent to Encroach to the Board of Public Works and Safety for its
review and consideration. Jurisdiction for any dispute between Carmel and Lawrence B. Lennon
2
arising from the Consent to Encroach shall be in the Superior Court of Hamilton County,
Indiana, Room No. 1.
3. Settlement Proceeds. Carmel and Lawrence B. Lennon acknowledge that
Carmel already has deposited certain funds with the Clerk of the Hamilton County Superior
Court. Specifically, Carmel has deposited One Hundred Eighteen Thousand Dollars and No
Cents ($118,000.00) with the Clerk of the Hamilton County Superior Court. As such, Carmel
and Lawrence B. Lennon shall cooperate to (a) have the Settlement Amount paid to Lawrence B.
Lennon as soon as possible, and (b) have the remainder of the funds on deposit with the Clerk of
the Hamilton County Superior Court returned to Carmel, also as soon as possible.
4. The Lennon Real Estate. Except for Huntington National Bank's two (2)
mortgages, Lawrence B. Lennon has not executed or permitted anyone on his behalf to execute
any conveyance, mortgage, lien, lease, security agreement, financing statement, or encumbrance
of or upon the Lennon Real Estate. Further, Lawrence B. Lennon has made no contract to sell all
or part of the Lennon Real Estate to anyone other than Carmel. To the best of Lawrence B.
Lennon's knowledge, there are no unpaid claims for labor done upon or materials furnished for
the Lennon Real Estate in respect of which liens have been or may be filed.
5. Resolution Of The Condemnation Lawsuit. Within a reasonable time after the
execution of this Settlement Agreement, Carmel and Lawrence B. Lennon represent and warrant
that they will file the Agreed Findings and Judgment, thereby resolving the Condemnation
Lawsuit.
6. Outstanding Claims. Carmel and Lawrence B. Lennon hereby represent that
they know of no claims, rights, demands, or causes of action which they have or may have
against each other or each others agents, employees, officers, directors, attorneys,
3
representatives, insurers, successors, or assigns arising out of or relating to the Condemnation
Lawsuit, Carmel's road improvement project, or the Lennon Real Estate other than those claims,
rights, demands, or causes of action which are being released and discharged pursuant to this
Settlement Agreement.
7. Continuing Cooperation. To the extent questions, concerns, or disputes develop
concerning the fee simple interest transferred pursuant to the Warranty Deed attached hereto as
Exhibit B, the Partial Release of Mortgage hereto as Exhibit C, the Sales Disclosure Form
attached hereto as Exhibit D, the W -9 attached hereto as Exhibit E, the Agreed Findings and
Judgment attached hereto as Exhibit F, the Consent to Encroach attached hereto as Exhibit G, or
the intent of Carmel or Lawrence B. Lennon under the terms of this Settlement Agreement, then
Carmel and Lawrence B. Lennon shall cooperate to resolve the same in a prompt manner.
Where appropriate, Carmel and Lawrence B. Lennon shall agree upon and execute additional
documentation necessary to resolve any such questions, concerns, or disputes.
8. No Admission Of Liability. By entering into this Settlement Agreement, Carmel
and Lawrence B. Lennon understand and agree that they are compromising disputed claims set
forth in the Condemnation Lawsuit and are neither admitting any liability nor agreeing upon the
fair market value of the Lennon Real Estate.
9. Attorneys' Fees and Costs. Carmel and Lawrence B. Lennon shall bear their
own attorneys' fees and costs incurred and associated with the Condemnation Lawsuit.
10. Entire Agreement. This Settlement Agreement contains and embodies the entire
agreement and understanding between the parties hereto and supersedes all prior agreements and
understandings, oral or written, relating to the subject matter of this Settlement Agreement. No
modification or waiver of the terms and conditions contained herein shall be of any force and
4
effect unless such modification or waiver shall be in writing and signed by Carmel and Lawrence
B. Lennon or their agents, representatives, successors, or assigns.
11. Severability. If any term or provision of this Settlement Agreement shall be
deemed to be prohibited, invalid or unenforceable in any jurisdiction, such a provision shall be
deemed ineffective only to the extent of such prohibition or unenforceability and without
invalidating the remaining provisions hereof or affecting the validity or enforceability of the
same, and all such remaining terms and provisions shall remain in full force and effect.
12. Governing Law and Jurisdiction. This Settlement Agreement shall be governed
by and construed in accordance with the laws of the State of Indiana. Jurisdiction for any dispute
concerning this Settlement Agreement shall be in the Circuit or Superior Court of Hamilton
County, Indiana.
13. Acknowledgment. This Settlement Agreement is the result of negotiations, and
no particular person(s) or entity(ies) shall be deemed to be the drafter of this Settlement
Agreement. By signing this Settlement Agreement, Carmel and Lawrence B. Lennon represent
and warrant that: (a) they are authorized to enter into and execute this Settlement Agreement; (b)
the information furnished in this Settlement Agreement is true and accurate; (c) they have read
this entire Settlement Agreement; (d) they understand the terms and conditions of this Settlement
Agreement as well as the consequences of entering into this Settlement Agreement; (e) they have
knowingly and voluntarily entered into this Settlement Agreement; (f) they have been
represented by an attorney in connection with entering into this Settlement Agreement; and (g)
this Settlement Agreement shall inure to the benefit of and be binding upon Carmel and
Lawrence B. Lennon and their agents, representatives, insurers, successors, or assigns.
5
The City of Carmel
By:
Name P
Title:
6.
Alan S. Townsend
BOSE MCKINNEY EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
Attorneys for the City of Carmel
Lawrence B. Lennon, Trustee, Lawrence B. Lennon Revocable Living Trust
dated the 12th day of January, 2006
B hvir7A4c Q. Ae/vvv)
Name Printed: 1-4 wie ac_e f3 LCNNan0
Title: Ttz
Gordon
P.O. Box
Noblesville, 46061
Attorneys for Lawrence B. Lennon, Trustee, Lawrence B. Lennon Revocable Living Trust dated
the 12th day of January, 2006
1659395
6
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
CITY OF CARMEL,
Plaintiff,
v.
LAWRENCE B. LENNON, TRUSTEE,
LAWRENCE B. LENNON REVOCABLE
LIVING TRUST DATED THE 12
DAY OF JANUARY, 2006 and
THE HUNTINGTON NATIONAL BANK,
Defendants.
IN THE HAMILTON SUPERIOR COURT NO. 1
CAUSE NO. 29D01- 0904 -PL -00569
Pao
IL
DEC 24200
H,9Ml �,�5 pOf
CO U RT
ENTRY AND ORDER
The Court appointed appraisers have filed their reports in which they determined that the
Defendants, Lawrence B. Lennon, Trustee, Lawrence B. Lennon Revocable Living Trust dated
the 12th day of January, 2006 and the Huntington National Bank, maybe entitled to total just
compensation in the amount of /1 8 0,0 U 00 The Court, being duly advised, now
ORDERS, ADJUDGES, AND DECREES that:
1. The Plaintiff, the City of Cannel, shall pay to the Clerk of this Court the total
appraisers' fees in the amount of g U 0 .0 within thirty (30) days of this
Entry and Order.
2. The Clerk of this Court, upon receipt of the above referenced payment, shall pay
each of the appraisers his or her respective share and shall deposit any additional amounts in an
interest bearing account pending further order from this Court.
3, The Clerk of this Court shall send of copy of the Report of Appraisers and a copy
of this Entry and Order, by Certified Mail, to all parties or counsel of record for all parties to this
action.
Date:
Distribution:
DEC 2 2 2005
Alan S. Townsend
BOSE McKINNEY EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
Gordon D. Byers
P.O. Box 27
Noblesville, IN 46061
Zarksis V. Daroga
WELTMAN, WEINBERG REIS CO., L.P.A.
525 Vine Street, Suite 800
Cincinnati, OH
]397088
2
Judge, Hamilton County Superior Court No. 1
PROJECT 07 -08: Keystone Parkway 136 St. PARCEL 90 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Lawrence B. Lennon. Trustee of Lawrence E. Lennon Revocable Livino
Trust dated the 12 dav of January. 2006
2633 E. 136 Street. Carmel. IN 46033
NAME ADDRESS OF PERSON CONTACTED Lawrence E. Lennon
2633 E. 136 Street. Carmel. IN 46033
(List other interested parties on 1 ever se s including.
ASSIGN_ 7 /0 OF ".DN A
32 400.00 TYPP OON A
J I
YES, NO or N/A (for Not ADDiicabie) aJ approo
1. YES Checked Abstract with owner?
2. NIA 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. NIA Any minor item retained?
9 N/A Walked over property?
10 N/A Arranged for owner to Da
4.� Secured Rian -o -_ntr
17/. N /.A Secure': Driveway Right-of-Entry?
State Form 2601 (R2/3 -91)
BUYER'S REPORT (1)
_vim :7
CITY OF CARMEL
a r_ thel7 interest
3/0c
PHONE 317.575.9645
PHONE 317.575.9645
m
EPHT N
ate in nurnoered Dia.r
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. NO Retention Letter?
18. YES Statement of Just Compensation?
19. N/A Tax memo (interim period)?
20. NO Receipt of Conveyance instrument?
".75 C a ns
YES Owner's Appraisal Letter
N/A Srocnur "Relocation You"?
REMARKS: I telephoned the number provided within the appraisal report and spoke with Mr. Lawrence Lennon.
I explained that I aSS!Stina the City of Carmel with the aCOU!Si UOn phase of the Keystone Parkway and 136
Street imDrovemen' oroiect. In cc r`
niunction with the Droiec' I need to present a moneta,' offer for the additional
right way reauire for the Droiect. 1 provided the option to have the offer presented in person or via "certified"
mPil Mr. Lennon opted for mailino and confirmed a mailing, address. Ow:nersh!= was e!s•c confirmed. Prior to
maii!n: the packet. Mr. Lennon ie-lephoned an Juiv 15. 20'_,_, and inouired of the Packet. explained that it was
delayed as the approved transfer documents have not vet been provided. Mr. Lennon exo i a; i= eel
.a.ne that. n= meeting
with his attorney the 1'oIiowino dav and reauested the packet be overniahted to him with the 5Jproveo Warranty
Deed to follow. Conseouently. the pertinent forms and ,elated information Were mailed vi? Express mail.
the i ht e li i r 1 70. 6 included r ck were the following orrri do t
O\ rn.d D 11\ r'i art; 0.11\ i... C. within c :'c� .1'!_... ti IOiIvV�'i'. i,j:r.. an
Distribution Made:
(X) Parcel }Attorney
Owner Other (Specify) Z
Vveekly Summary
(Signature)) Dirty M. Hansen
Page 1 of 2
BUYER'S REPORT (1)
PROJECT 07 -08: Keystone Parkway and 136' St. PARCEL 90 COUNTY Hamilton CODE N/A
REMARKS (Cont'd): introductory letter. the booklet. "ACQUISITION. Acauir!ng Real Property for Federal And
Federal -Aid Proararns and Proiects and the letter acknowledainq its receipt. the Confirmation of Opportunity to
Accompany Appraiser on Inspection. the Statement of the Basis for Just Compensation. the Appraisal Report.
the Uniform Land or Easement Acquisition Offer letter. the !eaal description of the permanent right -of -way area.
the Sales Disclosure Form. the Accounts Payable Voucher. the Request for Taxpayer Identification Number and
Certification (Form V 9). the "Owner's Private A Sal L er' y I ii hted p! sheet gprai� ett cop of the h oh a any sh and the
nit-of-Entry. The Uniform! Land or asem en Acouisition Offer letter. in acc. dande w i n I.C. 32-24-1. provides
30 days fr orr its receipt to accept or reject the s offer. er. tie 30 days a�' P e waived; an,-. the offer
c: eG
.7=Jected now or at anytime du me this It W2 E; indicated trial he V- N' U u. c r 271d potions
indiane
--minent oo rain lay,' are set fotti o. -race rrv:; u. the Uni or '-and or E.:ass:merit Offer te_r as
weli as within the booklet. "ACQUISITION. ION. Acauinno 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 coniunction with the offer explained that the
proiect is to improve N. Keystone Parkway and 136' Street. More specifically. a portion of the subiect property
is reauired as permanent riaht -of -way. The permanent acquisition. known as Parcel 90. contains 0.346 acres. of
which 0.132 acres is existing riaht -of -wav under pavement. As explained in the form. "Owners Private Appraisal
Letter Mr. Lennon may submit an independent appraisal for review at his own expense. The forms /documents
reauirina sionatures and notarization were indicated. Mr. Lennon was encouraged to call with any questions.
�'3!0 The acoroved Warranty Deed with Partial Limitation of Access was jailed to the owner to with t`1 inclu
the offer packet.
State Form 20625 (R -90)
Signature Gina M. Hanser Date
K/Jj
CITY OF CARMEL
BUYER'S REPORT (2)
PROJECT 07 -08: Keystone Parkway 136 St. PARCEL 90 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Lawrence B. Lennon. Trustee of Lawrence B. Lennon Revocable Living
Trust dated the 12 day of January. 2006
2633 E. 136 Street. Carmel. IN 46033
NAME ADDRESS OF PERSON CONTACTED Yuraen
Rea' Estate Broker with Collier
Summer
(L ether interested parties on reverse SiOe inoiudin` ns :ure of their i acres:)
OE 4' 3 OF O:CN
\'t
State Form 2601 (R2/3 -91)
TO NO1 App.icabie ap
1. N/A Checked Abstract with owner?
2. N/A Any affidavits taken?
3. YES Any mortgage(s)?
4.
NIA 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?
1'1 NO Secured Right-of =ntrv?
12 N/. Secured Driveway Klont- of-Entr1
17/08
Dts ributkon Made:
(X) Parcel Attorney
Owner Other (Specify)
Weekly Summary
PHONE 317.575.9645
PHONE 317 639.04%7
\,h2,.
3 :0.
V i (X) TELEF CALL; I i r.,
r v v i 06.
1 13. N/A Sent Daily Notice to Relocation Section?
14. NO Secured W -9 Form?
LEFT FOLLOWING PAPERS WITH OWNERS:
15. N/A Written Offer?
16. N/A Land Acquisition Brochure?
17. NIA Retention Letter?
18. N/A Statement of Just Compensation?
19. N/A Tax memo (interim period)?
20. NO Receipt of Conveyance Instrument?
21. N/A Copy of Conveyance Instrument?
O vn_ r`s ppr els .t;
V' i 7
REMARKS: I returned a call to Mr. Yuraen Summer. He explained that he is a Real Estate Broker with Collier
and is working with Mr. Lennon. Ms. Foaie and the Greens. We briefly discussed the acduisition process and the
options should the offer be unacceptable. Mr. Summer stated that the per unit value indicated in the appraisals
for each of the three parcels is sianificantiy different (between 380.000.00 3150.000.00 per acre). They are
considerina obtaining independent appraisals and hiring attorney. David Given.
7/%4/08 (11:30 am) contacted Mr. Lennon =soon;,.. o c oe he left a o d posed. I
o: in r.. ;;�es:�a r .,,.u- stior� he na
ex plain., that I received approval to forward the pre completed t proposed Ong jd c0� i "let for prJp.. a:,cUlSltlOr
Additionally. the City would allow a 30 day extension if he was wiliino t0 siai a Rant of Entry. which would allow
them to start with the construction project without deiay. aineo that the Right of Entry form was provided in
the -";•ninal ennon state'_ that ne would. =i` 't, r_:. o ,.'V any let i.. ow.
j
(Signature) Gina M. F-Fansen
Page 1
CITY OF CARMEL
BUYER'S REPORT (3)
PROJECT 07 -08: Keystone Parkway 136 St. PARCEL 90 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Lawrence B. Lennon. Trustee of Lawrence B. Lennon Revocable Livino
Trust dated the 12 day of January. 2006
2633 E. 136 Street. Carmel. IN 46033
NAME ADDRESS OF PERSON CONTACTED
2633 13e tr Street. Carme!. IN 46033
ASSIGNED
6 32 .400. ry.. TYPE OF CO ON
`!'.:e. YES, NO or
State Form 2601 (R2i -91)
7,7106 DATE E OF CONTACT
No- ioa_ie.) as 24
Lawrence B. Lennon
(,_t other interested pa ties on reverse side including nature of the.r in e eist)
/06
N/A Checked Abstract with owner? 13. N/A
2. N/A Any affidavits taken? 14. NO
3. YES Any mortgage(s)?
N/A Any other liens judgments, etc.? 15. N/A
N/A Showed plans? Explained take? 16. N/A
6. N/A Explained about retentions? 17. NIA
7. N/A Any major item retained? 18. N/A
8. N/A Any minor item retained? 19. N/A
2. N/A Walked over property? 20. NO
10. N/A Arranged for owner to pay taxes? 21. N/A
Secured u!gnt- E-niry? 22. "4/,-.
N/A Secured Driveway Rioht-of-Entry? i iA
PHONE 317.575.9645
PHON 3'17.575 964:
Secured W -9 Form?
i _-VIA!!
Sent Daily Notice to Relocation Section?
LEFT FOLLOWING PAPERS WITH OWNERS:
Written Offer?
Land Acquisition Brochure?
Retention Letter?
Statement of Just Compensation?
Tax memo (interim period)?
Receipt of Conveyance Instrument?
Copy of Conveyance instrument?
1wrie: s DJrai ai LE-Ater?
Jro oniu e. ieio'oa: on 1_
REMARKS: Mr. Lennon telephoned and we briefly discussed the disparity between the two appraisals. Typical
2: Draisal methodoiogv was discussed. soeciflcally r eaard!no highest pest Lennon, stated s` anu G use. M. spa: u that he is
agreeable to sionina 2 Rioht of Entry as he wants to work with the City. however. he is dons!oer!no obtaining e
separate appraisal. An email message was received later that same day from Mr. Lennon explaining his concern
and dismay with the disparity between the two appraisals. He believes the lower appraisal is not representative
time market value of the oroposed acoulsition. ut ac wi ioh t explained that
p Farb with rt,:.�i�r a v,._. =t•- %:pI ain .hay
has hired ieica counsel and will discuss the possibility .J tns. ..Ricnt 0 f Entry y wi r his attorney.
An executed Rioht of Entry was received. I confirmed med tna': 2 30 day extension. 1n;2e n pied.
Distribution Nfi &d
Parcel Attorney
Owner ()Other (Specify) i-✓
Weekly Summary (Signature) Gina Kt!. Hansen
Page 1 of 1
PROJECT 07 -08: Keystone Parkway 136 St. PARCEL 90 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Lawrence B. Lennon. Trustee of Lawrence B. Lennon Revocable Living
Trust dated the 12 day of January. 2006
2633 E. 136 Street. Carmel. IN 46033
NAME ADDRESS OF PERSON CONTACTED Lawrence B. Lennon
E 13h Street. Carm IN 46033
other interested Parties on reverse Sic e inciudin of their interest)
ASSiC3NED 1 7. 1 38 7 1 r= OF' COITACT
0
State Form 2601 (R2/3 -91)
TV 7.7 1" 3
i N/A Checked Abstract with owner?
2. N/A Any affidavits taken?
3. YES Any mortgage(s)?
BUYER'S REPORT (4)
4 N/A Any other liens, judgments, etc.? 15. N/A
5. N/A Showed plans? Explained take? 16. N/A
O. N/A Explained about retentions? 17. N/A
7. N/A Any major item retained? 18. N/A
8. N/A Any minor item retained? 19. N/A
9. N/A Walked over property? 20.
NO
10 NIA Arranged for owner to pay taxes? NV
y =0 Secured Riaht-of- Entry? 12 N/A Secured Driveway Rig- t -of E.n rv? ..;,,1,4:
as .J.. i• I I... :!J'.. w. u
REMARKS: I received an email messaoe from Mr. Lennon inauirina if I had received the sianed Riaht of Entry.
Additionally. he requested that I confirm that a 30 day extension was approved. At that time, Mr. Lennon Inouired
If the City would be willi!no to settle at the nioner appraisal which he believes. to be the fairer of the two.
My email response confirmed the 30 day extension and explained that I would forward his request that the City
D2 the higher of the two appraised amounts.
CITY OF CARMEL
D Made:
(X) Parcel Attorney
O Owner Other (Specify)
Weekly Summary
PHONE 317.575.9645
PHONE 31 7.575.9645
.!03 U C.',ONT.ACT
N/A Sent Daily Notice to Relocation Section?
14. NO Secured W -9 Form?
LEFT FOLLOWING PAPERS WITH OWNERS:
Written Offer?
Land Acquisition Brochure?
Retention Letter?
Statement of Just Compensation?
Tax memo (interim period)?
Receipt of Conveyance instrument?
Copy Ji Oonvevanoe instrument?
AppFaisai Lett..
3rochur_. Reiccs n r,.v. You
(Signature) G :ina M. Hansen
Pane 1 of 1
PROJECT 07 -08: Keystone Parkway 136 St. PARCEL 90 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Lawrence B. Lennon. Trustee of Lawrence B. Lennon Revocable Living
Trust dated the 12 day of January. 2006
2633 E. 136 Street. Carmel. IN 46033 PHONE 317.575.9645
NAME ADDRESS OF PERSON CONTACTED David Given. Baker Daniels. LLP
300 N. Meridian St., Suite 2700. indpis.. IN 46204
other int parties on rover side including Flaunt_ of their interest)
7 .77- ASSIGN r Tr7/0":i CONTACT
V
3 32.400.00 i ✓PE `,.}F CONTACT: FP 2)N
State Form 2601 (R2/3 -91)
NIA (for No A piica J.e„ as appropriate in ..sc. nu m::iel ea; bir.
1. N/A 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?
i,
rr grip for owner to nay t= .)tee!
1 '_S Secured Rlont- of -Entry?
1 N/A Secured Dnvewav i Mont- o'-Entry?
REMARKS: Mr. David Given telephoned and explained that he is representing Mr. Lennon in conjunction with
the keystone Parkway improvement proiect and the proposed acaujsitjon. He inauired if the City has a response
to 10r. l's reouest for the hiaher of the two appraisals. i explained that there has been no response vet.
9/12/08 Mr. Given and I spoke and exchanaed various ei alis. I explained that was advised that the City has
e r to. t appraisals r o re They expect -s n
hired; �`.inlr G appraiser to review n= two O. i In�Ilt- :,re:,a ,l„'�% �,v �Jilo� a in 2-3 weeks.
17/22/0S A letter alone with the Certificate of Review Apc:ralsal and Conclusion of Fair Market `value completed
as a result of the disparity between the twc appraisals was forwarded to Mr. Given.. The letter explained that Mike
H a i ne s with the market determine_ E v Kok _andeen. lower a ^K'
��._��ti: s ;indmo concur v ✓it h {�,a k value
CITY OF CARMEL
BUYER'S REPORT (5)
Distribution Made:
(X) Parcel Attorney
Owner Other (Specify)
Weekly Summary
PHONE 317.2a7.'; 24,
3 orri
VISiT
13. N/A Sent Daily Notice to Relocation Section?
14. NO 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. NO Receipt of Conveyance Instrument?
21. N/A Coti\' of Conveyance instrument?
N/A Owner's pnr Tsai Letter?
i
23. N/A Br'ochur_. "i'Lelocation You
g= Th ✓12 ir/1
/Sian ^tun Gina M. Hansen
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CITY OF CARMEL
BUYER'S REPORT (6)
PROJECT 07 -08: Keystone Parkway 136' St. PARCEL 90 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Lawrence B. Lennon. Trustee of Lawrence B. Lennon Revocable Living
Trust dated the 12'" day of January. 2006
2633 E. 136 Street. Carmel. IN 46033
NAME ADDRESS OF PERSON CONTACTED
300 N. Meridian St.. Suite 2700. Indois.. IN 46204
David Given
(List other interested parties on reverse side Including nature of their interest)
E ASSIGNE 7:7I0E DATE OF CONTACT
3c
0 TYPE VlSiT
y No 3I N! io1 No -1 "r� l�l' Ji Gs s appropriaIs, in
N/A Checked Abstract with owner?
2. N/A Any affidavits taken?
3. YES Any mortgage(s)?
4. N/A Any other liens, judgments, etc.?
6. 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?
1 YES Seoured Right-of-Entry?
12. N/A Secured Driveway Right-of-Entry?
REMARKS: Mr. David Given telephoned subseauent to receipt and review of Mike Hazeltine's findings. He is
concerned that the City is unwilling to negotiate especially aiven the amount of time that has passed since the
Riont of Entry was signed. Now the construction is be n and e ha. not been reached. Mr.
dui .G al hd seti.l;,men: has In
Given dell °V °S they have provided a counter with supoo'. and it appears the '.:,ity is hoioino firm with the lower
appraised amount. I explained that I would forward his response to the City and see if they are wiliina to negotiate
somewhere between the two amounts.
1/1 (7:15 pmt Prior te responding to Mr. Givens concerns. an email message was receive; from Mr. Lennon.
He was auite upset with the time delay from sianino the =right of Entry until receiving a response and the Citv's
conclusion. Based on his email. an impasse has been rearmed. Jeremy Kashman was to contact Mr Lennon and
meet with him on site. in the Interim!. I was aavised to ic: r the barge! along with F .,once rim— lie e o
R p0'?
Ch eminent domain Dr'oceeoinos may gerrimenoe.
Distribution Made:
(X) Parcel Attorney
Owner (1 Other (Specify)
1 Weekly Summary
State Form 2601 (R2!3 -91)
PHONE 317.575.9645
Baker Daniels. L L P
PHONE 317.237.1249
TEL!.E =)N am
13. N/A Sent Daily Notice to Relocation Section?
14. NO Secured VV -9 Form?
LEFT FOLLOWING PAPERS WITH OWNERS:
15. N/A Written Offer?
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. NO Receipt of Conveyance instrument?
21. N/A Copy of Conveyance Instrument?
Owner's _.e`:_,
NIA Ere_.,nur "Relegation
i
(Signature) Gina M. Hansen
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