Gray/106th-96th - Bottamiller, Donald 6.,(z3 9 7
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STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1
SS:
COUNTY OF HAMILTON CAUSE NO. 29D01- 0408 -PL -735
CITY OF CARMEL, INDIANA,
Plaintiff, FILED
vs. MAY- 4 2005
DONALD BOTTAMILLER, C 2
HAMILTON SUPERIOR Cowvr
Defendant. 200500031621
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
8 ORDER OF APPROPRIATION ORDER 05-24-2005 At 11:1
The Clerk of the Court, having certified pursuant to IC 32- 24 -1 -10 that Plaintiff City of
Carmel has deposited with such Clerk a sum of money equal to (a) the amount determined by the
Court- Appointed Appraisers to be due the Defendant named herein plus (b) the amount of such
Appraisers' fee for performing such appraisals, the Court now orders that the real estate owned
by the Defendant as described in Plaintiffs complaint and shown and described on the attached
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EXHIBIT A, incorporated herein by this reference and needed by Plaintiff for the reconstruction,
widening, and improvement of Gray Road in Carmel, Indiana, is hereby condemned and
appropriated to Plaintiff.
The Auditor of Hamilton County, Indiana, is hereby ordered to transfer the Real Estate on
the tax records of such County to Plaintiff.
The Clerk is hereby ordered to pay the fees of the three Court Appointed Appraisers, each
such Appraiser to receive $750 from the amount paid to the Clerk by Plaintiff. The Appraisers
and their mailing addresses are:
Gordon Resler
1895 Conner Street
Noblesville, IN 46060
Marshall Andich
P.O. Box 494
Carmel, IN 46082 -0494
Dale Snelling
17980 Cumberland Rd.
Noblesville, IN 46060.
SO ORDERED THIS .1 "1 DAY OF M 6 2005.
JUDGE
HAMILTON COUNTY SUPERIOR COURT 1
Distribution:
Robin Mills
Hamilton County Auditor
Government and Judicial Center
188 One Hamilton County Square
Noblesville, IN 46060
Donald Bottamiller
9800 Gray Road
Indianapolis, IN 46280
Donald L. Centers, Esq.
Slaughter Kolas Centers
1040 East 86 Street, #42 -A
Indianapolis, IN 46240
Robert A. Hicks, Esq.
Hall, Render, Killian, Heath Lyman, P.S.C.
One American Square, Suite 2000
Box 82064
Indianapolis, IN 46282
152959_1.DOC /mkj
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Exhibit A
Fee Simple
The East 70.00 feet of the following described real estate:
Beginning at the Southeast corner of the North Half of the
Southeast Quarter of Section 8, Township 17 North, Range 4 East,
thence West along the south line of said north half 1124 feet to an
iron stake, thence North parallel with the east line of said Southeast
Quarter 193.77 feet to a point, thence East parallel with the south
line of said north half 1124 feet to the junction of the east line of
said quarter section, thence South along said east line 193.77 feet
to the place of beginning.
Temporary Easement
A part of the North Half of the Southeast Quarter of Section 8,
Township 17 North, Range 4 East, Hamilton County, Indiana,
more particularly described as follows:
Commencing at the southeast corner of the North Half of the
Southeast Quarter of said section; thence West along the south line
of said north half 70.00 feet to the Point of Beginning of this
description; thence continuing West along said south line 50.00
feet; thence North and parallel with the east line of said north half
60.48 feet; thence Northeasterly 53.85 feet to a point 70.00 feet
west of the east line of said north half; thence South and parallel
with the east line of said north half 80.56 feet to the Point of
Beginning and containing 0.081 acres, more or less.
Page 1 of 2
1,
Exhibit A
OWNER: OOTTAMILLER, DONALD DRAWN BY: R.P. KORNAUS 4 -12-04
O. INSTRUMENT N0, 9609603197, DATED 1 -15 -96 CHECKED BY: T:J. COOMES 4 -29 -04
A PART OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 4 EAST P
HAMILTON COUNTY, INDIANA
�p p ��q SCALE: 1" 200'
IIo APPROXIMATE TAKING E e 0
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70' EXISTING
HALF R/W
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70' PROPOSED R/W_
TEMP. R/W
SE. CDR., N.1 /2, SE.1 /4
SEC. 8, 7 17 N., R.4 E.
60' EXISTING
HALF R/W
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HAMILTON COUNTY 8 g
MARION COUNTY 17 7 96TH S TREE r
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Given under my hi d and s.1
l 1 y Date 1 No 910022
STATE Of si
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WILLIAM 0. RICHTER q� 6 SUR c '0`
Registered Land Surveyor No. 910022 �rr itlli�illll,�,
Clnln of Inrlinnn
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STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1
SS:
COUNTY OF HAMILTON CAUSE NO. 29D01- 0408 -PL -735
CITY OF CARMEL, INDIANA, FILED
Plaintiff,
MAY 2 6 2005
vs.
CLERK �OF THE`
DONALD BOTTAMILLER, AMILTON SUPERIOR Cr
Defendant.
SETTLEMENT AGREEMENT AND
VERIFIED REQUEST TO WITHDRAW DEPOSITED FUNDS
This Settlement Agreement and Verified Request to Withdraw Deposited Funds
"Agreement is made and entered into by and between the City of Carmel "Plaintiff') and
Donald Bottamiller "Defendant
The parties agree as follows:
1. Payment. Plaintiff and Defendant hereby agree to resolve this matter. Plaintiff agrees
to pay Defendant the sum of Eighteen Thousand Six Hundred Fifty Dollars ($18,650.00). Such
amount is in addition to the amount of Thirty -Three Thousand Five Hundred Dollars
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($33,500.00) determined by the Court- appointed appraisers to be due Defendants and previously
paid by Plaintiff to the Clerk of the Court.
2. Drainage. Plaintiff will provide a gravity storm sewer outlet connection to the Gray
Road storm sewer system.
3. Drive Radius. Plaintiff will provide turning radii equal to or greater than the radii on
the existing Defendant's drive in an effort to allow for the turning movements of vehicles such as
busses.
4. Construction and Design. Plaintiff will instruct the road contractor to construct the
median opening in a manner that will adequately allow the turning movements of types of
vehicles that currently utilize Defendant's drive. Plaintiff will instruct the road design engineer
to establish slope transitions on Defendant's drive that will not cause busses leaving or entering
the property to "bottom- out." Construction by Plaintiff of acceleration and/or deceleration lanes
for Defendant's drive will not be required.
5. Defendant's Verified Request for Withdrawal of Deposited Award. The parties hereby
request distribution to Defendant the amount on deposit with the Clerk, viz., Thirty -Three
Thousand Five Hundred Dollars ($33,500.00), and in support of such request, Defendant states
the following:
a. Defendant is the entitled owner of the real estate appropriated and
condemned by Plaintiff and is entitled to the amount of damages
herein requested and remaining on deposit with the Clerk.
b. Prior to the commencement of this action, Plaintiff submitted a
uniform land offer to Defendant in accordance with applicable
Indiana law.
c. After appropriation of the real estate which is being condemned by
the Plaintiff in this action, the value of Defendant's remaining real
estate in Hamilton County exceeds the amount of the appraisers'
award pursuant to I.C. 32- 11 -1 -8.
d. Defendant petitions the Court to permit withdrawal of the balance
of appraisers' award without the requirement of surety.
6. Dismissal of Defendants from Proceedings. The parties request of the Court that
Donald Bottamiller be dismissed as party Defendant from these proceedings with prejudice.
7. Effective Date. This Settlement Agreement shall become effective following
execution by the parties and approval by the Court.
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1
i l
Plaintiff: City Carmel Defendant
By:
Donald Bottamiller
Printed: Stephen Engelking
Title: Director of Administration
Approved By:
Date: 5•
Judge, Hamilton Superior Court 1
Distribution:
David B. Honig, Esq.
HALL, RENDER, KILLIAN, HEATH
LYMAN, P.S.C.
One American Square, Suite 2000
Box 82064
Indianapolis, Indiana 46282
Donald Bottamiller
9800 Gray Road
Indianapolis, IN 46280
Donald L. Centers, Esq.
Slaughter Kolas Centers
1040 East 86 Street, #42 -A
Indianapolis, IN 46240
153607_1.DOC /mkj
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k STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1
SS:
COUNTY OF HAMILTON CAUSE NO. 29D01- 0408 -PL -735
CITY OF CARMEL, INDIANA,
Plaintiff,
FILED
vs. MAY 2 6 2006
DONALD BOTTAMILLER, a o E l
CLEOF TH E J
Cv:
HAMILTON SUPERIOR Cow
Defendant.
ORDER OF DISBURSEMENT AND DISMISSAL
The Clerk of the Court, having previously certified pursuant to I.C. 32- 11 -1 -7 that
Plaintiff City of Cannel deposited with such Clerk a sum of money that included Thirty -Three
Thousand Five Hundred Dollars ($33,500.00), the total amount determined by the Court-
Appointed Appraisers to be due the Defendant Donald Bottamiller, and the Plaintiff and the
Defendant, having entered into a Settlement Agreement approved by the Court, the Court now
orders that Defendant Donald Bottamiller be dismissed with prejudice from this proceeding and
that the Clerk of the Court pay to the Defendant Donald Bottamiller the total amount o
f Tlurty-
Three Thousand Five Hundred Dollars ($33,500.00):
So ordered this --s day of 2005.
Judge, Hamilton Superior Court 1
SA)
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