Pennsylavania/103rd - 106th - Parcel 4 Hartman/Howard & Mildred F `giuf ED FOR TAXATI01�
bject to final a cep' for Hafer
'4. _day of r will Project: Pennsylvania Street
.4'.!0-61.. 771,72:14, 1 103 Street to 106 Street
u of Hamilton Comfy Project 06
NrCel Y-2 Parcel 4
I
el) (s) WARRANTY DEED
THIS INDENTURE WITNESSETH THAT Howard R. Hartman and Mildred Marlene Hartman,
husband and wife (individually and collectively the "Grantor convey and warrant to the City of Carmel,
Indiana the "Grantee for the sum of Fifteen Thousand and 00 /100 Dollars ($15,000.00) 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 Exhibit A and Exhibit B, which are 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 WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this day of
#(.1i1 2007.
0 2007043233 WARR DEED $22.00 :.:y
GRANTOR: 08/01/2007 10:51:48A 4 PGS
Jennifer J ,1 'r
HA M IL TON Count /f' :-..0
t Recorder IN �r! •'q
Recorded as Presented
O�UQ'/L Hayden
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Howard R. Hartman
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Mildred Mar ene Hartman
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NOTARY CERTIFICATION
STATE OF INDIANA
SS:
r�
COUNTY OF N'A LTA N
Y
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Howard R. Hartman 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.
WITNESS my hand and Notarial Seal this 6 day ofJ' f 2007.
My Commission Expires: a, 7 0
r J
County of Residence: r✓ id"
Notary Signature
r /l/ /)/(1 A/
Notary Printed Name
STATE OF INDIANA
SS:
COUNTY OF WM Lit
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Mildred Marlene Hartman 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.
WITNESS my hand and Notarial Seal this day ofJy/ 2007.
My Commission Expires: 7 —CV
County of Residence: 1- i 11 L Gam--- 5'
Notary lgnature 1
Notary Printed Name
This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana
46032
Send tax bills to: One Civic Square, Carmel, IN 46032
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. Douglas C. Haney
831464v1
2
EXHIBIT "A"
Project: Pennsylvania Street (103'`' Street 106` Street) Sheet 1 of 1
Parcel: 4 Fee
A PART OF LOT SIX (6) IN PENN -VIEW HEIGHTS, FIRST (1 SECTION,
AS RECORDED IN DEED RECORD 139, PAGES 355 -356 IN THE OFFICE OF THE
RECORDER OF HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF
THE GRANTOR'S LAND LYING WITHIN THE RIGHT OF WAY LINES
DEPICTED ON THE ATTACHED PLAT, MARKED EXHIBIT "B MORE FULLY
DESCRIBED AS FOLLOWS:
Fifteen (15) feet, taken by parallel lines, off the entire west side of the following
described property:
Lot Numbered 6 in PENN -VIEW HEIGHTS, FIRST SECTION, a subdivision in Clay
Township, Hamilton County, Indiana, as per plat thereof recorded in Deed Record 139,
pages 355 and 356 in the Office of the Recorder of Hamilton County, Indiana.
CONTAINING 1,500 SQUARE FEET, MORE OR LESS.
I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby
certify that this description was prepared by me on May 30, 2007, from the original deed
records of the property described and was based upon plans prepared by GAI Consultants
for the City of Carmel Pennsylvania Street Improvement Project (Project #06 -18), and
dated October, 2006. I further certify that to the best of my belief and knowledge this
description is in accordance with Title 865, Article 1, Rule 12 of the Indiana
Administrative Code.
•,10 111l1111111/11// TRENT E. NEWPORT
G
g E yL`' INDIANA LAND SURVEYOR
S 1S TURF
NO. LS 29600021
No. LS 29600021 :--A
STATE OF
y
„SU ,RJ \0°\
PARCEL: 4 ���'�'T 11 77 DRAWN
HECKED BY 5 5 3 30 0 07
PROJECT: Pennsylvania Street (103rd 1061h)
PROJECT NO. 06 -18 SCALE 1" 50'
COUNTY: HAMILTON OWNER: HARTMAN, H R. (Sc MILDRED MARLENE
SECTION: 11 RECORD DOCUMENT: INST. 2007027938 DATED: 5 -21 -2007
TOWNSHIP: 17 NORTH RECORD DOCUMENT: BOOK 222, PAGE 162 DATED: 8 -9 -1968
This plat wos prepared from information obtained from the Office of the
RANGE: 3 EAST Recorder of Hamilton County. and from pions prepared by CAI Consultants
for the City of Carmel (Project No. 06 -18) The bases of bearings for this
plot and legal description are 'based upon an assumed bearing of 0
00'00'00" W along the West Line of the Northeast Ouarter.
I//j j I D
1 A PPROXIMATE H ATCHEARE A TAKING IS TH E
NW COR
NE 1/4 NORTH
Nur SEC. 11
25' 0 25' 50'
PC STA. 28 +55.56 UNE 'A' RNs Ns
SCALE 1' 50'
29 +29.83
57.81'
1 1
Lot 5
25+00 i Lot 22
ce
I
x
w
I jc
120'
T IF 120'
l a
I� Penn —View Heights
1 1-'1 I'D' Z R W First Section
pc, I� o f D.R. 139, Pgs. 355 -356
U c (0. o
16-,2 c Res. 'A'
o o o
/I Lot 6 Lot 21 0
C
'S o
>.M a
24+00 a 15
j-
I
7 6' UTILITY STRIP
120' 6' UTILITY STRIP 120'
+PL(23 +7 1.27)
1 43.21'
<r w
Z
,c W J Lot 20
ui Z c, o Lot 7
Jz a 1
I o I�
W
PI STA. 22+30.89 UNE "A'
M� SW COR AREA (PARCEL 4) SQUARE FEET PREPARED BY:
o r,tunum:fu 1 4
vw.
TOTAL 12,000
�Y R/W TAKE 1,500
∎STE A
0 RF Q RESIDUE 10,500
No. LS 29600021
AT
STATE OF �7'.� ^7 i
i 4 Ir TRENT E. NEWPORT D ATE' CROSSROAD
ENGINEERS, PC
O s U REG. LAND SURVEYOR NO. LS29600021
/`��Tfflftlltl111 "`t���\ STATE OF INDIANA Transportation
Development Consultants
3411 5 5418Y411 00. BE101 CROW, 10 41107 (517)180-1555
ALA REV -29
Code N/A
STATEMENT OF THE BASIS FOR JUST COMPENSATION
1. This is a written statement of, and summary of the basis for, the amount established through a valuation process as just
compensation for the purchase of this right -of -way for highway purposes. The amount set forth in Item 5 below is not less than the
approved estimate of value. Public Law 91 -646 provides that this value disregards any decrease or increase in fair market value
of the property prior to the date of valuation caused by the public improvement for which the property is acquired other than
physical deterioration within reasonable control of the owner.
2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and this
acquisition is identified in the Acquiring Agency's recorded as:
Project 06 -18 Pennsylvania St Parcel 4 Road 103` 106 City /County Hamilton
Pennsylvania
Owner(s) Howard R. M. Marlene Hartman
3. The area and type of interest being acquired: 0.034 Acres, permanent right -of -way
The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest
is being acquired separately in whole or part, except as may be explained in Item 8 below.
4. This acquisition is (check one) a. A total acquisition of the real property
b. (X) A partial acquisition of the real property.
5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of this real
property is as follows:
a. Total Land, Land Improvements and Buildings $10,500
b. Severance Damages (i.e.: Setback, Loss in Value to the
Residues, etc. $NA
c Other Damages (Itemize)
Cost -to -Cure Estimate $NA
d Temporary Right -of -Way $NA
Total Just Compensation offered for this Acquisition is: $10,500
6. The amount in Item 5 may include payment for the purchase of certain buildings and improvements and their ownership shall pass
to the Acquiring Agency. These buildings and improvements are identified as follows:
7. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment,
Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows:
8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows:
9. Remarks: Approved for negotiations
/Thl/ 7 1
Date Signat e
Form 36551 (Rev. 3/96)
Acquiring Agency:
The City of Carmel
4"
0 1,.
!.44'
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CROSSROAD
ENGINEERS; PC
CLOSING STATEMENT
Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986,
requires the reporting of certain information on every real estate transaction. The
information provided below, except for the tax identification number, is adequate
information to provide to a tax professional.
FEE OWNER: Howard R. Hartman and Mildred Marlene Hartman
ADDRESS: 10504 N. Delaware St., Indianapolis, IN 46280
DESCRIPTION OF PROPERTY: A part of Lot 6 in Penn -View Heights First Section as
recorded in Deed Record 139, pages 355 -356
PROJECT.' 06 -18 (Pennsylvania St. 103 to 106th)
PARCEL: 4 COUNTY: Hamilton
CLOSING DATE: PURCHASE PRICE: $15,000.00
LAND AND /OR ADMINISTRATIVE SETTLEMENT: 0.00
0 IMPROVEMENTS: $10,500.00 DAMAGES: 4,500.00
I (we) certify that the above is true and corre t and acknowledge receipt of payment.
Fee Owners OU1 Ge- WLih. so /07
Signature Date
Signature Date
3417 Sherman Drive Beech Grove. Indiana 45107 Tel 317.780.1555 Fax 317.780.5525
rt. pa 'f.'-‘,TEMAPN ft
REGIONS MORGAN KEEGAN
TRUST
TRUST DEPARTMENT 61-569 PARCEL #4 CHECK NO. 5169343
620
P.O. BOX 830688
DATE
BIRMINGHAM, AL 35283-0688 PAYMENT TO HOWARD R AND MILDRED
MARLENE HARTMAN FOR PARCEL #4 07/23/07
CARMEL COIT 2006 CF-CONSTRUCTION CHECK NUMBER: 5169343
ACCOUNT NUMBER: 81-9528-06-8
Eg g/ 1:1 1>ga RfRo Ai Po .11CTSCTS ****$15,000.00
PAY II FIFTEEN THOUSAND DOLLARS AND ZERO CENTS
CHECK VOID AFTER 6 MONTHS
TO THE HOWARD R HARTMAN AND
REGIONS BANK
ORDER MILDRED MARLENE HARTMAN
BIRMINGHAM, AL
OF
Ii L 6 9 34 311 1:0 6 200 56 901: 0 3 00?? 23480
3
CITY V4 'JA EL
TAIv-IE`, BI AINARD, MAC ok
ADMINISTRATIVE SETTLEMENT MEMORANDUM
To: Stephen C. Engelking
Director
Department of Administration
From: Allen D. McFearin
Associated Right of Way Services, Inc.
Re: Request for Administrative Settlement
Project: Pennsylvania Street from 103 to 106
Parcel: 4
Landowner: Howard R. Hartman and Mildred Marlene Hartman
Date: April 9, 2007
The City of Carmel made the Uniform Land Acquisition Offer to Howard R. Hartman
and Mildred Marlene Hartman to acquire a portion of their property for the Pennsylvania
Street from 103 Street to 106 Street Project. The offer was made by certified mail on
March 8, 2007. The amount of the offer was $10,00.00 and was based upon the
appraisal performed by Joseph C. Traynor Associates.
In the Comparable Land Sales Grid contained in the appraisal, and the text accompanying
it, two sales of the property at 103 East 106 Street were listed, as well as other
comparable sales. The first sale occurred in August, 2006 with a square foot price of
$10.47. The second sale occurred in November, 2007 with a square foot price of $16.19.
The landowners believe that these comparables should govern the offer. The City
appraiser did not agree. The City's offer was based upon a value of $7.00 per square
foot.
The landowners have agreed to accept an administrative settlement of $15,000.00, based
upon a $10.00 per square foot value, and have agreed to execute a right of entry
agreement.
In support of the administrative settlement we list the following:
DEPAI "I:\IF`:T OF 1 \GI`:FI{HI\(
Civic. Sc u,atiF CANNi E l IN 46032 CJvFIcF: 317 571 .24=i1 r: 317 5 1.2=13
EMAIL ,•n4inuc»nng@carnncl.ui
First, were the City to proceed to file the condemnation case. testimony concerning the
two sales of 103 East 106 Street would likely be presented, with the possibility that the
eventual award may be higher than the amount of the administrative settlement.
Secondly, should the City proceed to file the condemnation case, at a minimum the City
will incur the costs for the court appointed appraisers and attorney fees, which costs
would exceed the amount of the administrative settlement.
Thirdly, accepting the administrative settlement would bring a present resolution to the
question of the fair market value of the property rather than having that determination
made at a later point in the condemnation process and the City would obtain a right of
entry at this time.
It is our recommendation that the City of Carmel approve the terms of the above
described administrative settlement.
This recommendation is approved.
Stephen C. Engelking
Director
0
SENDER COMPLETE THIS SECTION COMPLETE THie:sEericiAiON Ottli(EM?
it Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired.
X 0Agent
Print your name and address on the reverse
Ia
so that we can return the card to you.
B. Receive0y (PrintedName) C. Date of Delivery
B3 Attach this card to the back of the mailpiece, 11/11,"172ir. 3/5/6-;
or on the front if space permits.
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to:
if YES, enter delivery address below: 0 No
pc-if
4 fs' r, .4-7 -I
LF
3. Service Type
Certified Mail 0gxpress Mail
0 Registered 0 Retum Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Flestricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from service lab6.1) 7006 0100 0004 8842
111111
PS Form 3811, August 2001 Domestic Retum Receipt