P103 SundinCITY OF CARMEL
BUYER'S REPORT
PROJECT 07 -08; Keystone Parkway 136 St. PARCEL 103 COUNTY Hamilton CODE N/A
NAME ADDRESS OF OWNER Damon Sundin and Linda J. Sundin, husband and wife
714 Willowick Road, Carmel, IN 46032 -1869
NAME ADDRESS OF PERSON CONTACTED
714 Willowick Road, Carmel, IN 46032 -1869
Damon Sundin
(List other interested parties on reverse side including nature of their interest)
DATE ASSIGNED 8/25/09 DATE OF CONTACT 8/26/09 TIME OF CONTACT 3:25 pm
OFFER 650.00 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. N/A 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. N/A Secured Right -of -Entry?
12. N/A Secured Driveway Right -of -Entry?
Distribution Made:
(X) Parcel Attorney
(X) Owner Other (Specify)
Weekly Summary
State Form 2601 (R2/3 -91)
PHONE 317.581.0626
PHONE 317.581.0626
13. N/A Sent Daily Notice to Relocation Section?
14. YES Secured W -9 Form?
LEFT FOLLOWING PAPERS WITH OWNERS: MAILED
15. YES Written Offer?
16. N/A Land Acquisition Brochure?
17. N/A Retention Letter?
18. YES Statement of Just Compensation?
19. N/A Tax memo (interim period)?
20. YES Receipt of Conveyance Instrument?
21. YES Copy of Conveyance Instrument?
22. YES Owner's Appraisal Letter?
23. N/A Brochure, "Relocation You
REMARKS: I telephoned the number provided within the appraisal report and spoke with Mr. Damon Sundin.
I explained that I am assisting the City of Carmel with the Keystone Parkway 136 Street. It was further
discussed that the project has been completed, however, compensation is due them for the temporary easement
utilized to complete the construction. Mr. Sundin requested the offer packet be mailed for his review /consideration.
He confirmed their ownership as well as their mailing address. Consequently, the pertinent forms and related
information were mailed via "Certified mail, Return Receipt Requested on September 1, 2009, with a date of
delivery on September 3, 2009. Included within the packet were the following forms /documents: an introductory
letter, the Statement of the Basis for Just Compensation, the Waiver Valuation, the Uniform Property or Easement
Acquisition 'Offer letter, the Temporary Construction Easement with Exhibits "A "(previously executed), 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 -5, provides only 30 days from its receipt to accept or reject the City's offer. The 30 days may be
Status of Parcel: (X)- Secured, Condemned, -Other (Explain)
a_
(Sig ature) Elizabeth A. Sullivan
Page 1 of 2
State Form 20625 (R/5 -90)
BUYER'S REPORT
PROJECT 07 -08: Keystone Parkway and 136 St. PARCEL 103 COUNTY Hamilton CODE N/A
REMARKS (Cont'd): 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 Property 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. The introductory letter mailed in
conjunction with the offer explained that the project was to improve N. Keystone Parkway and 136 Street. More
specifically, a portion of the subject property was utilized as a temporary easement. The temporary easement,
known as Parcel 103, contained 1,158 square feet. As explained in the form, "Owner's Private Appraisal Letter
Mr. and Mrs. Sundin may submit an independent appraisal for review at their own expense. The forms /documents
requiring signatures and notarization were indicated. Mr. and Mrs. Sundin were encouraged to call with any
questions.
Without further correspondence, the fully executed documents were received. The file was forwarded for payment
to be made to the owners.
CL 6 )11 4101
Signat re Elizabeth A. Sullivan Date
Prior Deed Reference:
Instrument No. 9609644879
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (the "Easement is entered into this day of
2008 by Damon Linda J. Sundin "Grantor"), who hereby makes the following
declaration of easement for the benefit of THE CITY OF CARMEL, INDIANA "Grantee
1. Subject Matter of Declaration. Grantee is involved in a project to construct Keystone
Parkway in Carmel, Hamilton County, Indiana (the "Project Grantor is the owner of real estate shown
in the attached Exhibit A, which is incorporated herein by reference (the "Easement Property"). Grantor
desires to create upon the terms and conditions provided herein, a temporary construction easement over
the Easement Property for the benefit of the Project.
2. Easement Grant. For good and valuable consideration, the receipt of which is hereby
acknowledged, Grantor hereby declares, grants and conveys to Grantee a temporary, non exclusive right
and easement in, over, under, through and across the Easement Property for ingress, egress, construction
of a bridge and other improvements related to the Project and shown on the attached Exhibit B,
incorporated herein by reference (the "Improvements clearing, grading, excavating, and storage and/or
stockpiling of dirt. Such rights shall include, but are not limited to, the right to (i) use the Easement
Property for storage and use of equipment and materials necessary for the construction and installation of
the Improvements and (ii) remove all trees, undergrowth, structures and other obstructions above, within
or under the Easement Property which in Grantee's reasonable opinion are interfering with Grantee's
exercise of Grantee's rights hereunder.
3. Use, Maintenance and Repair. Grantee shall use the Easement Property only for the
purposes set forth herein. The maintenance of the Easement Property shall be the responsibility of
Grantee during the period of time Grantee is actively exercising its rights hereunder. Grantee shall
maintain the Improvements. Upon completion of the Improvements, Grantee shall seed any disturbed
areas on the Easement Property and replace any landscaping or other items which are identified on the
attached Exhibit C, incorporated herein by reference.
4. Easement Appurtenant. This Easement and the terms and conditions stated herein shall
be appurtenant to, imposed upon, applied to, and run with the Easement Property and shall be binding
upon and inure to the benefit of Grantor and the Grantee and their respective successors and assigns in
accordance with the provisions hereof.
5. Modification. This Easement may be terminated, modified, or amended by a writing
signed by all the then owners of the Easement Property and Grantee, and no agreement or consent of any
other persons shall be necessary for such termination, modification or amendment.
6. Governing Law. This Easement shall be governed by and construed in accordance with
the laws of the State of Indiana.
7. Termination. This Easement shall terminate on completion of the Project.
9. Indemnification. Grantee shall indemnify and hold harmless Grantor from and against all
injury, claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees,
resulting from Grantee's exercise of its rights hereunder, unless such claims, damages or losses are caused
by the negligence or willful act of Grantor or its agents.
1179048v1
EXECUTED as of the date and year first above written.
My Commission Expires:
1
My County of Residence:
Ma-QI or)
TAMIKA A. WEATHERS
NOTARY PUBLIC
SEAL.
STATE OF INDIANA
MY COMMISSION EXPIRES JANUARY 15, 2018
1179048v1 2
1 R kkka E
Notary Public Printed
By: D4=1.0,47 S
Printed:
Title:
L /,✓V,.o Sv.'D.
STATE OF �,✓D „o.a
SS:
COUNTY OF M,o
Before me, a Notary Public in and for said County and State, personally appeared
e1,1, -•04/ fa- 4 Lurn 5 v by me known and by me known to be the O(4-)///ti7s of
wit A0,e5 H %s who acknowledged the execution of the foregoing Temporary Construction
Easement on behalf of i1/2” /07.7.,7
WITNESS my hand and Notarial Seal this day of Ac/ vg, 2008.
C PY
My Commission Expires:
Q .v4 0/0,s-
My County of Residence:
1179048v1 3
GRANTEE:
CITY OF CARMEL
By:
Printed:
Title:
STATE OF INDIANA
SS:
COUNTY OF /4Qrrl! /io n
Before me, a Notary Public in and for said County and State, personally appeared
Sfe ve_ gi kJ:7 by me known and by me known to be the /�irecry r d F Ad9r7; sr� fia,�
of the City of Carmel, I ndiana, who acknowledged the execution of the foregoing Temporary
Construction Easement on behalf of the City of Carmel, Indiana.
WITNESS my hand and Notarial Seal this V day of Se (oei 2008.
0 1 4 l 7 2 C-(_ 1,1
Notary Public/ Printed
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. Tammy K. Haney
This instrument prepared by and after recording return to: Tammy K. Haney, Esquire, Bose McKinney
Evans LLP, 301 Pennsylvania Parkway, Suite 301, Indianapolis, Indiana 46280.
701,D
1179048v1
EXHIBIT A
The Easement Property
P Y
A
0 25' S0'
SCALE:
Project Keystone Parkway 136 Street #07-08 Parcel 103
1
LOT 185
1
1
1
1
°wwick Rd
DAMON LINDA J.
SUNDIN
1
1
1
OAS
9 Land Acquisition Group
PARCEL PLA
Project: 07-08
Parcel 103 Temporary Right -of -Way for Grading
Project joystone bitty/ay 136'" #07.08 Parcel 103
Sheet 1 of 1
A part of Lot 185 in the Second Section, Harrowgate Addition, the plat of which subdivision is
recorded in Book 2, Page 235 in the Office of the Recorder of Hamilton County, Indiana and
being that part of the grantors' land, described as follows: Beginning at the northeast corner of
said Lot 185; thence South 10 degrees 52 minutes 48 seconds East 35.80 feet along an easterly
line of said lot; thence South 75 degrees 35 minutes 58 seconds West 29.24 feet; thence northerly
40.31 feet along an arc to the left having a radius of 3,684.72 feet and subtended by a long chord
having a bearing of North 14 degrees 42 minutes 50 seconds West and a length of 40.31 feet to
the north line of said lot; thence North 83 degrees 50 minutes 15 seconds East 31.99 feet along
said north line to the point of beginning and containing 1,158 square feet, more or less.
This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana
Registered Land Surveyor, License Number LS20500009, on the 13 day of May, 2008.
No.
205 0009
STATE OF
Gpv
DESCRIPTION OF TEMPORARY RIGHT -OF -WA
10 Land Acquisition Group
Page 4 PROJECT 07 -08; Keystone Parkway 136 St. PARCEL 103
If you decide to accept the offer of $650.00 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.
ACCEPTANCE OF OFFER
I (We), Damon Sundin and Linda J. Sundin, husband and wife
landowner(s) of the above described property or interest in property, hereby accept the offer of
$650.00 made by the City of Carmel on this day of 5e'1,1rfi7 s4 2009.
Damon Sundin, husband
(Printed Name)
STATE OF /nci'nnA
SS:
COUNTY OF n'L4 -i c
My Commission Expires: 4 -15
My County of Residence is: M f -,Yd! S
CASEY J. MADDOX
NOTARY PUBLIC
SEAL
STATE OF INDIANA
MY COMMISSION EXPIRES AUGUST 14, 2015
NOTARY'S CERTIFICATE
(Signature)
Linda J. Sundin, wife
(Printed Name)
Subscribed and sworn to before me this
day of1cm,z 2009.
(Signature)
l�s rile
(Printed) NOTARY PUBLIC