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131st/Shelborne - Towne - Parcel 6/6(a)-Fortune, Wendy Project: 131 Street Shelborne Road to Towne Road Project 06 -10 l and 126 Street Shelborne Road (3) to Towne Road Project 06 -22 a V Parcel 6 and 6A t(51 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Wendy M. Fortune, (individually and collectively the "Grantor convey and warrant to the City of Carmel, Indiana the "Grantee for the sum of Eighty -eight Thousand Four Hundred Forty and 00 /100 Dollars ($88,440.00) 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 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. IN WITNESS WI EREOF, Grantor has caused this Warranty Deed to be executed this day of 2008. DULY EM) FOR 1 rIUN b G' TOR: Subject to final acceptance for transfer d kPy%1> v day of 20C Wendy M. Fo e d't;''c A ud i tor of Hamilton County Parcel 2008048996 WARR DEED $25.00 09/26/2008 01:42:28P 5 PGS Jennifer J Hayden HAMILTON County Racorder IN Recorded as Presented NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OF L Before me the undersigned, a Notary Public in and for said County and State, personally appeared Wendy M. Fortune, 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 /a day of G 008. My Commission Expires: County of Residence: a 1 No Signature No -'d Namalarion County :.41 My Commission Expires �5^!� August 1, 2015 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: 131 Street (Shelborne Road Towne Road) Sheet 1 of 1 Project No.: 06 -10 Parcel: 6 Fee Simple Part of the Southeast 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 Southeast Quarter of said Section 29, said point also being the point designated "10502" on the Right of Way Parcel Plat Exhibit "B Thence North 89 degrees 32 minutes 59 seconds East, along the North line of said Quarter Section, a distance of 819.18 feet to the Place of Beginning; Thence North 89 degrees 3 minutes 59 seconds- East,_along_said North_line and along the north line of said grantor's land, a distance of 393.42 feet to the northeast corner of said grantor's land; Thence South 00 degrees 19 minutes 14 seconds West, along a east line of said grantor's land, a distance of 50.00 feet to the point designated "316" on said parcel plat; Thence South 89 degrees 32 minutes 59 seconds West, parallel to said North line, a distance of 393.36 feet to a point on a west line of said grantor's land; Thence North 00 degrees 14 minutes 49 seconds East, along_said west line of said grantor's land, a distance of 50.00 feet to the Place of Beginning. Containing 0.452 acres, more or less, inclusive of the presently existing right of way which contains 0.090 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 0.362 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 17 day of August, 2007. TRENT E. NEWPORT INDIANA LAND SURVEYOR cG STER o, NO. LS 29600021 No. 29600021 1 `C STATE OF /N �1P 8 1�� D I A �p suR EXHIBIT "A" Project: 126 Street (Shelborne Road Towne Road) Sheet 1 of 1 Project No.: 06 -22 Parcel: 6A Fee Simple Part of the Southeast 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 Southeast Quarter of said Section 29, said point also being the point designated "10502" on the Right of Way Parcel Plat Exhibit "B Thence South 00 degrees 04 minutes 52 seconds East, along the West line of said Quarter Section, a distance of 2,641.57 feet to the Southwest corner of said Quarter Section;- thence North 89 degrees 10 minutes 49 seconds- East -along-the South line of- said Quarter Section, a distance of 668.12 feet to the Place of Beginning; Thence North 00 degrees 26 minutes 45 seconds West, along a west line of said grantor's land, a distance of 40.00 feet; Thence North 89 degrees 10 minutes 49 seconds East, parallel to said South line, a distance of 648.91 feet to a point on the east line of said grantor's land; Thence the following three (3) calls are along said east boundary: 1)South 23 degrees 12 minutes 23 seconds West, a distance of 25.66 feet; 2)Thence South 52 degrees 50 minutes 03 seconds West, a distance of 14.45 feet; 3)Thence South 00 degrees 49 minutes 11 seconds East, a distance of 8.00 feet to a point on said South line; Thence South 89 degrees 10 minutes 49 seconds West, along said South line, a distance of 627.09 1GCL W Lf7e r12tl,C of DCgI11u111 Containing 0.586 acres, more or less, inclusive of the presently existing right of way which contains 0.144 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 0.442 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 17 day of August, 2007. TRENT E. NEWPORT t INDIANA LAND SURVEYOR '6 NO. LS 29600021 4 No_ 29600021 4 /f,) 7/Ari/f r PARCEL 6 SHEET: 1 OF 1 PRQJECT: 131st Street (Shelborne to Towne) EXHIBI T B DRAWN BY KMK 09 -17 -07 126th Street (Shelborne to Towne) 'PROJECT No.: 06 -10 06 -22 OWNER: WENDY M. FORTUNE CHECKED BY TEN 09 -17 -07 COUNTY: HAMILTON RECORD DOCUMENT: INSTR. #8915090 (DATE: 07/20/89) SCALE 1" 200' SECTION: 29 r/ HATCHED AREA IS THE TOWNSHIP: 18 NORTH 1' APPROXIMATE TAKING RANGE: 3 EAST o o° °o o° o° NE COR. SE 1/4, CENTER po M Q1 /2-9 SEC. 29 SEC. 29 2 819.18' 131st St re e t 8 Vt t/) 8 3W/// 29 28 vr R/W 10500 10502 NORTH cd CO r` loo' 0 100 zoo' rj ri 01 r.7 SCALE I'= 200' 1 1 1 Res. 'A' 1 1.--, 1 152.76' 1 I 1 1 1 I= —1 I 1 SW COR. SE 1/4, 10539 15' UTITLITY EASEMENT SEC. 29 l?]W 4 $N(T�R ,�1 T745 Z SECCO 9. 29 29 7PgHE V5�'� sr 29 2 32 627.09' 126th Street 32 33 PointlCenterlinel Station I Offset 1 Northing Eastinq 311 "A" 131 +65.00 50.00R)1 49918.4823 41305.7787 316 "A" 138 +66.44 50.00R) 1 49923.9946 42007.1927 10500 NE COR., SE 1/4, SEC. 29 49985.3430 43451.0080 10502 CENTER, SEC. 29 49964.4690 40794.9140 10539 SE COR., SEC. 29 1 47360.7740 43444.9990 PREPARED BY: E. NE Note: Stations and Offsets control over both Northin Easting Coordinates and Bearings Distances. S TE F Q R 4, To the best of my knowledge and belief, this plat was prepared from No. LS information obtained from the Office of the Recorder of Hamilton County, 29600021 and from plans prepared by Farrar, Garvey Associates for the City of Carmel (Project No. 06 -10) and from plans prepared by CSI Consultants j STATE OF for the City of Carmel (Project No 06 -22). i v y o J 1 �1 l 7/©� L�30�t ®AD ENGINEERS Pt Trent E. Newport Date Transportation S U R Reg. Land Surveyor No. 29600021 Development Consultants State of Indiana 1417 S 9040M tl.. SEEM GROW. Of 4610 (317)780-555 `ERO55ROAD ENG II iEERS, PG 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: Wendy M. Fortune ADDRESS: 2555 W. 131st, Zionsville, IN 46032 DESCRIPTION OF PROPERTY: A part of the SE of Section 29, T18N, R3E PROJECT: 06 (131s St. Towne to Shelborne) 06 (126 St. Towne to Shelborne) PARCEL: 6 6A COUNTY: Hamilton CLOSING DATE: PURCHASE PRICE: $88,440.00 LAND AND /OR ADMINISTRATIVE SETTLEMENT: 5,490.00 IMPROVEMENTS: 82,950.00 DAMAGES: 0.00 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 Cannel has authority to remove or change any taxes of any nature. I (we) certify that the above is true ani ect and acknowledge receipt of payment. Fee Owners 1 1c3 D t' Si ature Date Signature Date 3417 Sherman Drive Beech Grove, Indiana 46107 Tel 317.780.1555 Fax 317.780.6525 TRUST REMITTANCE CHECK A REGIONS MORGAN KEEGAN 61 -1 67668 TRUST 620 2080012523 CARMEL COIT 2006 CF- CONSTRUCTION Date: 09/16/2008 *88,440.00 Pa y Eighty -Eight Thousand Four Hundred Forty DOLLARS AND NO CENTS To The Order Of WENDY M FORTUNE 2555 W 131ST STREET VOID AFTER 180 DAYS ZIONSVILLE, IN 46077 UTHORIZED SI NATURE II °6 ?66811° 1:0620000 L91: 00 L75414760 TRUST NO. 2080012523 DATE 09/16/2008 DISP CODE 89 TRUST NAME CARMEL COIT 2006 CF- CONSTRUCTION CT- NASHVILLE REG# 32 0.00 I "'88,440.00 1 INCOME CASH PRINCIPAL CASH FOR WENDY M FORTUNE PAYMENT ON PROJ 06 -10 131ST STREET -TOWNE TO SHELBORNE (R/VV ACQUISITION) REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK fir.'„ ,s ifif4 fi isi-. k CITY' '47',,..44,,i, OF N, FL JAA'IES BRAINARD, MAI "OR 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 Projects: 131 Street Shelborne Road to Towne Road 126 Street Shelborne Road to Towne Road Parcels: 6 and 6A Landowner: Wendy M. Fortune Date: August 1, 2008 The City of Carmel made the Uniform Property Acquisition Offer to Wendy F. French to acquire a portion of her property for the above projects. The offer was made in person in Carmel on June 23, 2008 in the presence of Thomas Neal, the landowner's husband and attorney. The amount of the offer was $82,950.00 and was based upon the appraisal performed by Joseph Traynor: A second appraisal was performed by Dennis Otto. In his opinion, the value of the property being acquired was $88,000.00. The value arrived at in the Traynor appraisal was based upon a per acre price of $100,000.00. The landowner pointed out that the offers made to her neighbors for basically comparable properties were based upon a per acre price of $110,000.00. The landowner wishes to have her property valued the same as her neighbors. Using the higher per acre figure, the landowner would agree to an administrative settlement in the amount of $88,440.00. In support of the administrative settlement we list the following: First, were the City to proceed to file the condemnation case, it is most probable that the landowner will introduce testimony that the true land values are in excess of those included in the appraisal. She has access to her neighbors' appraisals. Presently, the DE \RTi11NNI t)F ENGINEERING ONE CIVIC SQVARF, C\1 Ia. IN 46032 OrlacI: 317 .571.2441 FA\ 31; .5- 1.2=139 EAIAII. rn;;ineeiingW 1 1 ei in g( appraisals are over three months old. The date of valuation in the condemnation case would likely be two to three additional months later than the date of valuation of the appraisals. All of these instances carry 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. 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 Stephen C. En elking Director