131st/Shelborne - Parcel 2/(2a)/Orth, Fredrick/Cheri DULY ENTERED FOR TAXATION
Subject to final acceptance fo .�Qc- transfer
111 0 day of QpAd t 2O Project: 131 Street Shelborne
Road to Towne Road Project 06 -10
e ti l e 7 Au itor of Hamilton County Parcel 2 and 2A
Parcel
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT Frederick W. Orth, Jr. and Cheri J. Orth, husband and wife,
(individually and collectively the "Grantor convey and warrant to the City of Carmel, Indiana the
"Grantee for the sum of Sixteen Thousand Six Hundred Fifty -Three and 40/100 Dollars ($16,653.40) 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 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.
1 ,11N1 WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this 19 day of
0 I, 1 2008.
1
NTO'�
ederick W. Orth, Jr.
2008060123 WARR DEED $25.00
12/10/2 008 12:33:04P 5 PGS
Jennifer i Hayden J H
Cheri J. rtli HAMILTON County Recorder IN
Recorded as Presented
NOTARY CERTIFICATION
STATE OF Aldjary)l,U
SS:
COUNTY OF &kiwi h
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Frederick W. Orth, Jr., 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 of inatf, 2008.
MY COMMISSION
1 Mz prnjssion Expires:
PwRES 09126/20
„%aunty p Re 'idence: 62 f4k) A A
Notary Si
r, y.4 Notary Printed Name
ST A I I j E OF /I aJY)a.
SS:
COUNTY OF 60.1 eltt lip
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Cheri J. Orth, 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 of 2008.
MY COMMISSION
M ygonmission Expires: E XPIRES 09 /26/2010
1 1 1 F
of•��si
.;"C;Suri`ty cience: (4/
d! Notary Sig a, re
2. .:4 L
Notary Minted Name
This' i 'sfr.um'ent 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: 131 Street (Shelborne Road Towne Road) Sheet 1 of 1
Project No.: 06 -10
Parcel: 2 Fee Simple
Part of the Southwest Quarter of Section 29, Township 18 North, Range 3 East, in Clay
Township, Hamilton County, Indiana, being that part of the grantor's land lying within
the right -of -way lines depicted on the attached plat marked Exhibit `B" described as
follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 29, said
point also being the point designated "10503" on the Right of Way Parcel Plat Exhibit
"B"; Thence North 89 degrees 31 minutes 19 seconds East, along the North line of said
Quarter Section and along the centerline of 131 Street, a distance of 197.00 feet to the
northwest corner of said grantor's land, said point also being the Place of Beginning;
Thence North 89 degrees 31 minutes 19 seconds East, continuing along said North line, a
distance of 243.00 feet to the northeast corner of said grantor's land; Thence South 00
degrees 04 minutes 17 seconds East, parallel to the West line of said Quarter Section and
along the east line of said grantor's land, a distance of 20.00 feet; Thence South 89
degrees 31 minutes 19 seconds West; parallel to said North Line, a distance of 2
feet to a point on the west line of said grantor's land; Thence North 00 degrees 04
minutes 17 seconds West, along said grantor's west line, a distance of 20.00 feet to the
Place of Beginning.
Containing 0.112 acres, more or less, inclusive of the presently existing right of way
which contains 0.056 acres, more or less. The portion of the above described real
estate which is not already embraced within the presently existing right of way
contains 0.056 acres, more or Less.
This description was prepared for the City of Carmel by Trent E. Newport, Indiana
Registered Land Surveyor, License Number 29600021, on the 14 day of January, 2008.
TRENT E. NEWPORT
xj E. N£y INDIANA LAND SURVEYOR
ss'S STE 0,
NO. LS 29600021
No. 29600021
STATE OF
l ND IAO
-1/ SUR��
I 4
EXHIBIT "A"
Project: 131 Street (Shelborne Road Towne Road) Sheet 1 of 1
Project No.: 06 -10
Parcel: 2A Fee Simple
Part of the Southwest Quarter of Section 29, Township 18 North, Range 3 East, in Clay
Township, Hamilton County, Indiana, being that part of the grantor's land lying within
the right -of -way lines depicted on the attached plat marked Exhibit `B" described as
follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 29, said
point also being the point designated "10503" on the Right of Way Parcel Plat Exhibit
"B"; Thence South 00 degrees 04 minutes 17 seconds East, along the West line of said
Quarter Section and along the centerline of Shelborne Road, a distance of 286.25 feet to a
point on a northerly line of said grantor's land, said point also being the Place of
Beginning; Thence North 89 degrees 31 minutes 19 seconds East, parallel to the North
line of said Quarter Section, a distance of 44.16 feet; Thence South 04 degrees 19
minutes 38 seconds West, a distance of 31.86 feet to a point on the south line of said
grantor's land; Thence South 89 degrees 31 minutes 19 seconds West, parallel to said
said i "7 s -uth line, a distance o f 41 feet to a point on said
North line and along grantors 5a�u �vui.0 �,.,1�, a u.��..,,., feet
West line; Thence North 00 degrees 04 minutes 17 seconds West, along said West line, a
distance of 31.75 feet to the Place of Beginning.
Containing 0.031 acres, more or less, inclusive of the presently existing right of way
which contains 0.007 acres, more or less. The portion of the above described real
estate which is not already embraced within the presently existing right of way
contains 0.024 acres, more or less.
This description was prepared for the City of Cannel by Trent E. N ewport, Indiana
Registered Land Surveyor, License Number 29600021, on the 14 day of January, 2008.
TRENT E. NEWPORT
E. Neg, INDIANA LAND SURVEYOR
R _C c �,s TER '0 r NO. LS 29600021
No. 29600021
STATE DF l 2-j c, 1
.N p
44(D S U Rte/
PARCEL: 2 n SHEET: 1 OF 1
PROJECT: 131st Street (Shelborne to Towne) EXHIBIT DRAWN BY KMK 09 -21 -07
PROJECT No.: 06 -10 CHECKED BY TEN 09 -21 -07
OWNER: FREDERICK W. JR. CHERI J. ORTH
COUNTY: HAMILTON RECORD DOCUMENT: INSTR. #200400037257 (DATE: 06/01/04) REVISED BY JD 01 -14 -08
SECTION: 29 f HATCHED AREA IS THE CHECKED BY TEN 01 -14-08
TOWNSHIP: 18 NORTH r 1/// /ill APPROXIMATE TAKING SCALE 1" 100'
RANGE 3 EAST
N N
8 CENTER
SEC. 29
30 29 131st Street 243'
NW COR. 197' %��I ��i� i �,l !I iii
SEC. 29
sw
SEC. 29 30 29 R/W 10502
10503 STA. 36 +15.59 STA. 38 +58.59
STA. 35 +35.69 0/S 20.00' RT 0/S 20.00' RT
0/S 20.00' RT
85+00
STA. 84+99.89
m 0/S 60.11' RT
0
L
as Res. 'A'
m
p� /y� t0
84+00 r.--; N
cY
r
STA. 82 +93.79
0S44.16 RT
83+00
f r. 137 440' SE COR.
STA. 82 +62.04 SW 1/4
SW COR. 0/S 41.72' RT STA SEC. 29
SEC. 29 82 +39.87
82+00 30 29 0/S 40.00' RT 29 !29
110 32 32 32
31
'Point Centeriinei Station I Offset Northing Eastinq
10502 CENTER, SEC. 29 49964.4690 40794.9140
NORTH 10503 NW COR., SW 1/4, SEC. 29 49942.3170 38140.4940
10532 SW COR., SEC. 29 47312.9710 38143.7730
ow 0 60' 100' Note: Stations and Offsets control over both Northing
SCALE 1'= 100'
Easting Coordinates and Bearings Distances.
PREPARED BY:
1 E. N Ely/0 C 1 s i 0 To the best of my knowledge and belief, this plat was prepared from
information obtained from the Office of the Recorder of Hamilton County,
No. LS and from plans prepared by Farrar, Garvey Associates for the City of
29600021 Carmel (Project No. 06 -10).
STATE OF CROSSROAD
9 /NDIANP O Trent E Newport Date ENGINEERS, PC
'r Reg. Land Surayx No. 2 21 Transportation
O s U R v c State of Indiana Development Consultants
6417 S SOWN OR gEVI GROW. N 46107 (]17)730-1555
W**
[RD55RD4D
`ENGINEERS;aPE.
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: Frederick W. Orth, Jr. Cheri J. Orth
ADDRESS: 3549 W. 131st, Carmel, IN 46032
DESCRIPTION OF PROPERTY: A part of the SW of Section 29, T18N, R3E
PROJECT. 06 -10 (131 St. Towne to Shelborne)
PARCEL: 2 COUNTY. Hamilton
CLOSING DATE: PURCHASE PRICE: $16,653.40
LAND AND /OR ADMINISTRATIVE SETTLEM NT 5,078.40
IMPROVEMENTS: 11, 575.00 DAMAGES: .00
Please be advised that no property taxes have been assumed by the City of Carmel in
connection with the 'purchase of the above- captioned property. Any applicable tax
adjustment, due to the above purchase by the City of Carmel, would be 'accomplished by
the County Assessor after the deed is recorded by the City or its agent. This is supposed to
be done; however, you should take the initiative to make this adjustment. The City of
Carmel has no authority to remove or change any taxes of any nature.
The enclosed check is in the amount of $10,663.25, representing the remaining balance of
the accepted offer after required payment to your mortgage company, Huntington Mortgage
Group. A copy of the check to the mortgage company is attached. Per Karen Donaldson
with Huntington Mortgage Group, these funds have been applied to your account.
I (we) certify that the above is true an. orrect and acknowledge receipt of payment.
j
Fee Owners L l, 1 /-2,9 /d
Signatu Date
6- a-ev /L /oaf
nature Date
3417 Sherman Drive Beech Grove, Indiana 46107 a Tel 317.780.1555 Fax 317.780.6525
REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK 61-1 72510
TRUST 620
2080012523 CARMEL COIT 2006 CF- CONSTRUCTION Date: 10/21/2008
"5,990.15
Pay Five Thousand Nine Hundred Ninety DOLLARS AND Fifteen CENTS--
To The Order Of
HUNTINGTON MORTGAGE GROUP
7575 HUNTINGTON PARK DRIVE
COLUMBUS, OH 43235 VOID AFTER 180 DAYS
AUTHORIZED SIGNATURE
II
2 5 L0 1 :06 20000 191: 00 17 54 /I, 7 611'
TRUST NO. 2080012523 DATE 10/21/2008 DISP CODE 89
TRUST NAME CARMEL COIT 2006 CF- CONSTRUCTION CT- NASHVILLE REG# 32
1 *0.00 J $******5,990.15
INCOME CASH PRINCIPAL CASH
FOR HUNTINGTON MORTGAGE GROUP
PAYMENT FOR DRAW #38
PROJ. 06 -10 PARCEL 1
TAX ID NO. 17- 09- 29- 00-00- 028.00
RE: FRED W. ORTH, JR. CHERI
REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK
Alk REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK 61-1 72509
TRUST 620
2080012523 CARMEL COIT 2006 CF- CONSTRUCTION Date: 10/21/2008
Ten Thousand Six Hundred Sixty -Three DOLLARS AND Twenty -Five *10,663.25
Pay CENTS
To The Order Of
FREDERICK W. ORTH, JR. CHERI J. ORTH
12181 COUNTY ROAD 91 VOID AFTER 180 DAYS
LILLIAN, AL 36549
UTHORIZED SIGNATURE
II °725090 1:0620000 00 1 .1 1°
TRUST NO. 2080012523 DATE 10/21/2008 DISP CODE 89
TRUST NAME CARMEL COIT 2006 CF- CONSTRUCTION CT- NASHVILLE REG# 32
*0.00 *10,663.25
INCOME CASH PRINCIPAL CASH
FOR FREDERICK W. ORTH, JR. CHERI J. ORTH
PAYMENT FOR DRAW #38
PROJ. 06 -10 PARCEL 1
TAX ID NO. 17- 09- 29- 00 -00- 028.00
REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK
CITY OF CARMEL
.l a it✓S B RD MAYOR
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: 131 Street Shelborne Road to Towne Road
Parcels: 2 and 2A
Landowners: Frederick W. Orth, Jr. and Cheri J. Orth
Date: May 1, 2008
The City of Carmel made the Uniform Property Acquisition Offer to Frederick W. Orth,
Jr. and Cheri J. Orth to acquire a portion of their property for the above project. The
offer was made by certified mail and the date of the receipt was February 21, 2008. The
amount of the offer was $1 1,575.00 and was based upon the appraisal performed by
Dennis Otto.
After the offer was made and the taking was staked, it was discovered that the appraisal
should have included a cost to cure to relocate a portion of the fencing. An estimate of
$5,078.40 was obtained from K &K Fencing. The amount of the administrative
settlement is the amount of the original offer plus the cost to cure estimate to relocate the
fence.
In support of the administrative settlement we list the following:
The increase in the administrative settlement is due to the appraisal not including a cost
to cure to relocate the fencing. Had the appraisal been correct, the amount of the estimate
would have been included in the offer.
O r Ci ii: ti�>t art CAN \it:i.. IN t(iO32 Orri :i: 1 7712 01. F\.\ ;17.8-H.3-08
jhr ain;ucl @iannk•I.in.g(>\
Assuming all other legal review and approvals are approved, it is our recommendation
that the City of Carmel approve the terms of the above described administrative
settlement.
This recommendation is approved.
i G J
Stephen Cl Engelkikg
Director
a l ik i1/4 C 2 DA,
ALA- REV -29 ST W'I=E N. THE o Air$ F(OR JUST Ct®MPEI S MK UA Code:
1 This is a written statement of, and summary of the basis for, the establishment of the amount believed to be, through a valuation
process, 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 9 -646 provides that this value disregards any decrease or increase in fair market value c
the property prior to the date of valuation caused by the public improvement for which the property is acquired other than physical
deterioration
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 records as:
Project #06 -10 Parcel 2 Road 131st Street City /County Hamiltion
Owner (s) Frederick W. Orth Jr. and CheriJ. Orth
3 The area and type of interest being acquire( 0.080 acres new 0.063 acres existing 0.143 acres total
These areas are being acquired Fee Simple.
The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held interest is bein(
acquired separately in whole or part except as may be explained in Item 8 below.
4 This acquisition is (check one): a. 1 IA total acquisition of the real property
b. X IA 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 11,575.00
b. Severance Damages (i.e.: Setback, Loss in
Value to the Residues, etc.)
c. Other damages (Itemize):
Cost -to -Cure estimates
Temporary Right -of -Way
Total Damages:
Total amount believed to be Just Compensation offered for this Acquisition is: 11,575.00
6 The amount in Item 5 above 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:
None
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:
Deciduous Trees Crushed Stone Driveway
8 Items owned by others (i.e lessee, tenants, etc.) included in Item 5 above are identified as follows:
None
9 Remarks:
Date Signature
Acquiring Agency: