131st/Ditch - Springmill - Parcel 8-Ruff, Douglas/Teresa DULY ENTERED FOR TAXATION Project: 06 -08, 131 Street
Subject to final acceptance for transfer (Ditch Road to Springmill Road)
Parcel: 8
day of 20.0
,e a- ri,►ti. 7- k.7':11 Auditor of Hamilton County
WARRANTY DEED
?arcel
THIS INDENTURE WITNESSETH THAT Douglas J. Ruff and Teresa M. Ruff, Husband and Wife
(individually and collectively the "Grantor convey and warrant to the City of Carmel, Indiana (the "Grantee
for the sum of Thirty -one Thousand Three Hundred Ten and 00 /100 Dollars ($31,310.00) 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.
WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this t1 day of
-d-e7L G 2007.
GRANTOR: 2008004844 WARR DEED $0.00
01/31/2008 10:52:36A 4 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented a 4: ,(2,7
Douglas Jf Ruff, Husban
r/ i
Teresa M. Ruff, Wife C
NOTARY CERTIFICATION
STATE OF INDIANA
SS:
COUNTY OFD
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Douglas J.
Ruff, 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 7 day of t 007.
My Commission Expires: t-1
County of Residence: t vh w I v
i Notary Signature
Notary Printed Name
STATE OF INDIANA
SS:
COUNTY OF )--7
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Teresa M.
Ruff, 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 t7 -14 day o' l<2007.
My Commission Expires: L i 1 1- (7,---
County of Residence: crf
r IAA t Notary Signature
c,,_:•:_ r1 ,uc,,,.5 r' Pi i'Zi;5
x'6 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
7
EXHIBIT "A"
Project: 131 Street (Ditch Road to Springmill Road) Sheet 1 of 1
Project No.: 06 -08
Parcel: 8 Fee Simple
A part of the Southwest Quarter, Section Twenty-Seven (27). Township Eighteen
(18) North, Range Three (3) East. 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 described as follows:
COMMENCING at the Northeast Corner of the said Quarter Section; Thence South 89
degrees 29 minutes 52 seconds West, along the North line of said Quarter Section. a
distance of 1142.76 feet to the east line of the grantor's land and the PLACE OF
BEGINNING; Thence South 00 degrees 26 minutes 02 seconds East, along said
grantor's east line, a distance of 40.73 feet; Thence North 81 degrees 02 minutes 23
seconds West, a distance of 126.13 feet to the point designated "15" on said Exhibit "B
Thence South 89 degrees 29 minutes 52 seconds West, a distance of 84.30 feet to the
point designated "14" on said Exhibit "B Thence South 44 degrees 29 minutes 50
seconds West, a distance of 56.57 feet to the west line of the grantor's land and the point
designated "36" on said Exhibit "B Thence North 00 degrees 30 minutes 12 seconds
West, along said grantor's west line, a distance of 60.00 feet to the North line of said
Quarter Section and the point designated "20" on said Exhibit "B Thence North 89
degrees 29 minutes 52 seconds East, along said North line, a distance of 248.76 feet to
the PLACE OF BEGINNING.
Containing 0.162 acres, more or less, inclusive of the presently existing right -of -way
which contains 0.068 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 0.094
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 8 day of May. 2007.
TRENT E. NEWPORT
r r Nc INDIANA LAND SURVEYOR
r r ■SrE� P�• NO. LS 29600021
No. 29600021
7" SrAT€ OF
,1 J
Np S U R.,I C, -4
PARCEL: 8 DRAWN BY KMK 05 -08 -07
PROJECT: 131st Street (Ditch Road to Springmill Rd.) 77� 11 CHECKED BY TEN 05 -08 -07
PROJECT No.: 06 -08 ,J� I l°� e
COUNTY: HAMILTON
SCALE 1" 100'
SECTION: 27 OWNER: RUFF, DOUGLAS J. TERESA M.
TOWNSHIP: 18 NORTH RECORD DOCUMENT: 2005 00028635
RECORD DATE: MAY 10, 2005
RANGE: 3 EAST HATCHED AREA IS THE
50' 0 50' 100'
APPROXIMATE TAKING
SCALE i 100'
R/W
Riw
is 0
0 8 AI 0 Line "A'=� 131st Street n 2 8 2 7 2 5 8 .32' (.J/��� t 1142.76' C-.-__-' R/W ►i
m CO R,,,,
16
54 +00 i Oi n
J) cc o Residue 'A' o
a, L
J yr
A C
W
0 248.32'
00
53+00
NORTH
0\ 0 -T c,
0
0
49000 0
28 27 27 27
33
3.. 4 34 34
Point Centerline Station Offset Northing Eastinq
20. "S -1 —A" POT (55 +00.00) 0.00' 50035.1908 50051.8093
66 "S -1 -A" POT (49+25.00) 0.00' 49460.2130 50056.8602
509 "A" PI (123+67.22) 0.00' 50047.3870 51443.2740
10514 "A" PI (97+30.26) 0.00' 50024.2750 48806.4160
14 "A" 110 +15.70 20.00' (R 50015.5422 50091.9835
15 "A" 111 +00.00 20.00' (R 50016.2811 50176.2798
16 "A" 112 +50.00 45.00' (R 49992.5967 50326.4932
36 "S -1 —A" 54 +40.00 PL (0.00' 49975.1932 50052.3364
49000 SE COR., SE 1/4, SEC. 28 47393.5420 48785.7260
v e Note: Stations and Offsets control over both Northing PREPARED BY:
r P- E N Easting Coordinates and Bearings Distances.
r '/a�`' ,G I S TE \o
R Z To the best of my knowledge and belief, this plat was prepared from
1� 0. LS 1 information obtained from the Office of the Recorder of Hamilton County,
i
29600021 and from plans prepared by Crossroad Engineers for the City of Carmel 111111p,
(Project No. 06- 08).x'
4\ 11
1, ST ATE OF ''j J i
1;. 4 /0.4 l -CCROSSROAD
k, NDIAN',y EN6INEERS�PL
0 c /.4 Trent E. Newport Date
b-- S Ll R Reg. Land Surveyor No. 29600021 Transportation
State of Indiana Development Consultants
3417 1 aiMAN di. FECM CAM N 46107 ()17)]!0,555
r s<
1 l
1 l� 000300 PT REL MTG $14.00
I) FIFTH THIRD BANK Jennifer 10:52: 36A 2 PGS
Hayden
5050 KINGSLEY DRIVE HAMILTON County Recorder IN
MD# 1MOC2N LA i Recorded as Presented
CINCINNATI, OH 45263
PARTIAL RELEASE OF MORTGAGE
FOR VALUE RECEIVED, the undersigned does hereby release from the operation of a certain mortgage
from DOUGLAS J. RUFF A MARRIED MAN AND TERESA M. RUFF, A MARRIED WOMAN,
HUSBAND AND WIFE, to MORTGAGE PLAN FINANCIAL SERVICES, INC., ASSIGNED TO
FIFTH THIRD MORTGAGE COMPANY, dated MARCH 20, 2007, to secure the sum of
8360 000.00, Recorded, AUGUST 28, 2007, UNDER INSTRUMENT NUMBER 2007049241,
ASSIGNMENT RECORDED AUGUST 28, 2007, UNDER INSTRUMENT NUMBER 2007049242,
HAMILTON COUNTY Records, State of INDIANA, covering the premises as described in said
mortgage.
*RELEASING: .162 ACRES (See Exhibit A Attached)
PROVIDED, HOWEVER, that this release shall not be construed to waive, or in any manner affect or
invalidate the lien of the mortgage on the remaining real estate described, nor the rights of the
undersigned upon the Note thereby secured.
IN WITNESS WHEREOF, the FIFTH THIRD MORTGAGE COMPANY, caused its corporate name
to be hereunto subscribed by PHILLIP C. BODLE, ASSISTANT VICE PRESIDENT, thereunto duly
authorized by its Board of Directors on NOVEMBER 26, 2007.
Signed and acknowledged in the presence of:
FIFTH THIRD MORTGAGE COMPANY
RI A AUTERI P LIP C B LE
ASSISTANT VICE PRESIDENT
4
�7 .9 1
HLEEN SWOPE
THE STATE OF OHIO,
COUNTY OF HAMILTON, SS:
BE IT REMEMBERED, That on NOVEMBER 26, 2007, before me, the subscribed, a Notary Public in
and for said County and State, personally appeared PHILLIP C. BODLE, ASSISTANT VICE
PRESIDENT of FIFTH THIRD MORTGAGE COMPANY, the corporation whose name is
subscribed to and which executed the foregoing instrument, and for themselves and as such officers, and
for and on behalf of said corporation, acknowledged the signing and execution of said instrument; and
that the signing and execution of said instrument is their free and voluntary act and deed, their free act
and deed as such officers respectively, and the free and voluntary act and deed of said corporation for the
uses and purposes in said instrument mentioned.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed my Notarial Seal on
theday and year last aforesaid.
Iy� it
di
o ,ry Public, State of Ohl commission expires: M. HAFNER
NOTARY PUBLIC, STATE OF OHIO
This document was prepared by: RITA AUTERI, /fi £L------- FiaCOMMIMati u ES.06
1MOC2N, 5050 Kingsley Drive, Cincinnati, OH 45263* *403545692
I affirm, under the penalties for perjury, that I have taken reas ble care t redact each social security ni �Qi y.. 1
this document, unless required by law. RITA AUTERI C/� w
1
L
7
EXHIBIT "A"
Project: 131 Street (Ditch Road to Springmill Road) Sheet I of I
Project No.: 06.08
Purecl: 8 Fee Simple
A part of the Southwest Quarter, Section Twenty-Seven (27), Township Eighteen
(18) North. Range Three (3) East, Hamilton County. Indiana, and being that pan of the
grantor's land Tying within the right -of -way lines depicted on the attached plat marked
Exhibit "B described as follows:
COMMENCING at the Northeast Corner of the said Quarter Section; Thence South 89
degrees 29 minutes 52 seconds West, along the North line of said Quarter Section. a
distance of 1142.76 feet to the.east line of the grantor's land and the PLACE OF
BEGINNING; Thence South 00 degrees 26 minutes 02 seconds East, along said
Irantor's east line. a distance of 40.73 feet: Thence North 81 degrees 02 minutes 23
econds West- a distance of 126.13 feet to the point designated "13" on said Exhibit "B';
f hence South 89 degrees 29 minutes 32 seconds West, a distance of 84.30 feet to the
)pint designated "14" on said Exhibit "Br; Thence South 44 degrees 29 minutes 50
seconds West. a distance of 56.57 Feet to the west line of the grantor's land and the point
lesfunnted "36" on said Exhibit "B"; Thence North 00 degrees 30 minutes I2 seconds
Nest, along said grantor's west line, a distance of 60.00 feet to the North line of said
Z uarter Section and the point designated "20" on said Exhibit "B Thence North 89
legrees 29 minutes 52 seconds East, along said North line, a distance of 248.76 feet to
i he PLACE OF BEGINNING.
;ontaining 0.162 acres, more or Tess, inclusive of the presently existing right-of-way
rhich contains 0.068 acres. more or less. The portion of the above described real estate
r rhich is not already embraced within the presently existing right -of -way contains 0.094
F cres, more or less.
his description. was prepared for the City of Carmel by Trent E. Newport, Indiana
I .egistered Land Surveyor, License Number 29600021, on the 8' day of bray, 2007.
TRENT E. NEWPORT
it E. N£ k.A INDIANA LAND SURVEYOR
4' r r NO, LS 29600021
it No. 29800021
1.7
4 sr or i f
0 N rJ I
4f
t
CROSSROAD
ENGINEER5 -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: Douglas J. Teresa M. Ruff
ADDRESS: 13085 Clay Center Road, Carmel, IN 46032
DESCRIPTION OF PROPERTY: A part of the SW N of Section 27, T18N, R3E, Hamilton
County, Indiana
PROJECT. 06 -08 (131 St. —Ditch to Spring Mill)
PARCEL: 8 COUNTY: Hamilton
CLOSING DATE: PURCHASE PRICE: 31,300.00
LAND ANDIOR ADMINISTRATIVE SETTLEMENT: 5,990.00
IMPROVEMENTS: $11,960.00 DAMAGES: 13,350.00
I (we) certify that the ab ve is true and correct and acknowledge receipt of payment.
Fee Owners W/ X!i IZ
Signature Date
Signature Date
3417 Sherman Drive Beech Grave, Indiana 45107 Tel 317.780•1555 Fax 317•780•6525
TRUST REMITTANCE CHECK 1 -1 25700
REGIONS MORGAN KEEGAN 61-1
TRUST
2080012523 Date: 12/13/2007
31,300.00
Pay Thirty-One Thousand Three Hundred DOLLARS AND NO CENTS
To The Order Of
DOUGLAS J. TERESA M. RUFF
13085 CLAY CENTER ROAD VOID AFTER 180 DAYS
CARMEL, IN 46032
Are)
AUTHORI- F ATU T
II' 2570011' 1:06 2000019 00 L7541476
CITY OF RRVIEL
JAMES BRAINARD, 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 Ditch Road to Springmill Road
Parcel: 8
Landowners: Douglas J. Ruff and Teresa M. Ruff
Date: October 1, 2007
The City of Carmel made the Uniform Land Acquisition Offer to Douglas J. Ruff and
Teresa M. Ruff to acquire a portion of their property for the 131 Street Towne Road to
Springmill Road Project. The offer was made by certified mail to the landowners in
Carmel on September 8, 2007. The amount of the offer was $25,310.00 and was based
upon the appraisal performed by Joseph Traynor. A second appraisal was performed by
Dennis Otto, who valued the acquisition at $25,600.00.
The landowners rejected the offer. In completing the City appraisals. Joseph Traynor had
a before value of $400,000.00. Dennis Otto had a before value of $380.000.00. The
landowners reported appraisal data for the entire property at $540,000.00. Based upon
the landowners' data, their attorney submitted a counter offer of $35,232.00. This was
rejected by the City. The attorney lower the counter offer to $32,600.00 but, upon being
advised that the City would not accept that amount, was authorized by his client to accept
an amount of $31,300.00, which is an increase of $5,990.00.
In support of the administrative settlement we list the following:
First, were the City to proceed to file the condemnation case, testimony concerning the
landowners" contentions of value may be admitted. The date of valuation in the
condemnation case would likely be five to six months later than the date of valuation of
the City's appraisal. Also, the landowners could introduce their own appraisals with
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmel.in gov
higher land values. 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.
Stephen C. Engelking
Director
Rou3131 DO
ALA REV -29 $STATEWNT OF T.:4KWArSIS FOR JIISTfCOMPENSATIONI 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 -08) Parcel 8 Road 131 Street City /County Hamilton
Owner(s) Douglas J. Ruff and Teresa M. Ruff, Husband and Wife
3 The area and type of interest being acquire 0.094 acres new 0.068 acres existing 0.162 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 being
acquired separately in whole or part except as may be explained in Item 8 below.
4 This acquisition is (check one): a. 1I 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 11,960.00
b. Severance Damages (i.e.: Setback, Loss in
Value to the Residues, etc.) 11,750.00
c. Other damages (Itemize):
Cost -to -Cure estimates
Relocate Landscaping Mound and Trees 1,600.00
Temporary Right -of -Way
Total Damages: 13,350.00
Total amount believed to be Just Compensation offered for this Acquisition is: 25,310.00
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, Evergreen Trees, Lawn
8 Items owned by others (i.e. lessee, tenants, etc.) included in Item 5 above are identified as follows:
None
9 Remarks:
877 d7
l
Date Sign re
Acquiring Agency: