Main/4th - AT&T AGREEMENT
This Agreement (hereinafter the "Agreement effective March a.0 1996, is by
and between the City of Carmel, Indiana, a municipal corporation of the State of Indiana
(hereinafter the "City and AT &T Corp., a New York corporation authorized to do
business in the State of Indiana, (hereinafter "AT &T
WHEREAS AT &T entered into a license agreement with CSX Transportation,
Inc. (hereinafter "CSX dated May 1, 1986 (hereinafter the "CSX Agreement
WHEREAS pursuant to the CSX Agreement AT &T has a right of first refusal
with respect to the sale by CSX of any abandoned segment of railroad right of way
where AT &T has constructed facilities;
WHEREAS the City is desirous of purchasing a segment of abandoned railroad
right of way that is subject to AT &T's right of first refusal;
WHEREAS CSX is willing to and has offered to sell a segment of abandoned
railroad right of way to the City;
NOW THEREFORE, in consideration of the premises set forth herein and other
good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. AT &T agrees to waive its right of first refusal with respect to the purchase of the
segment comprising approximately fifteen (15) acres, within Clay Township, Hamilton
County, Indiana between 96th Street and 146th Street (hereinafter the "Segment by
sending written indication to CSX of AT &T's willingness to waive such right.
2. The City agrees, upon presentation of itemized bills, to reimburse AT &T for the
actual costs incurred by AT &T due to any removal, change, alteration, adjustment or
relocation of its facilities because of the City's needs, plans or requirements.
3. The City shall not construct, cause to be constructed, or permit to be
constructed, any structure within ten (10) feet of AT &T's cable. The foregoing
notwithstanding, the City may lay asphalt within ten (10) feet of AT &T's cable. If, in the
process of maintaining or replacing AT &T's cable, AT &T, or its agents, contractors-or
employees, directly or indirectly damages the asphalt pavement, the City shall, at its
sole cost and expense, be responsible for repairing and restoring the asphalt pavement
at its earliest convenience. During maintenance or replacement of AT &T's cable, AT &T
shall use reasonable efforts to not cause excessive damage to the asphalt pavement.
4. The City shall consult with AT &T during the development of any plans by the City
for any type of construction, demolition and repair of any property within the Segment.
In connection therewith, the City shall promptly furnish AT &T with copies of all plans for
said construction, demolition or repair. The City shall provide AT &T with a copy of any
such plans within ten (10) business days of approval by the City of such plans. Upon
request, AT &T shall furnish the City with drawings and plans showing the location of
AT &T's cable.
5. The City shall notify AT &T, in writing, at the address set forth below, prior to
commencing any construction work within the Segment.
6. The City shall furnish to AT &T a copy of the deed transferring title to the
Segment from CSX to the City.
7. Time is of the essence.
8. All recitals are hereby incorporated into this Agreement and made a part hereof.
9. All notices and other communications in connection with this Agreement shall be
in writing and shall be deemed received by the addressee thereof when delivered in
person to addressee at the address set forth below, or if sent via overnight mail, the
following business day, or if sent by certified or registered mail, return receipt
requested, ten (10) business days after deposit in any main or branch United States
Post Office. To be effective, all notices and communications must be properly
addressed to the parties, respectively, as follows:
If to the City: The Honorable James Brainard
Mayor of Carmel, Indiana
One Civic Square
Carmel, Indiana 46032
To AT &T: AT &T Corp.
Outside Plant Engineering Construction Supervisor for Indiana
1200 Peachtree Street
Atlanta, Georgia 30309
10. The City hereby warrants and represents to AT &T that the undersigned has the
right, power and authority to enter into this Agreement and to bind the City to the terms
hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
2
s
Board of Public Works and Safety for
the City of Carmel, Indiana AT &T Corp.
By: /o2_-
Ne: v /3 /NL 5 /S /4/i5/ j) Name:
Its: Clio /k /m e si r iu r/e Its:
Dated: '11c c 1, 9' 6 Dated:
Attest: arlei r
Diana Cordray,
Clerk Treasurer
3
0(25
ALA-REV-29 f Code:
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 9 -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 records as:
Project Realignment of 3rd Ave 4 Ave SW Parcel Indiana Bell (AT &T)
Road 3rd Avenue SW 4th Avenue City /County Carmel
Owner(s) Indiana Bell Telephone Company, Incorporated (AT &T), 240 N. Meridian, Indianapolis, IN 46204
3. The area and type of interest being acquired: Fee Simple R/W: 52,120 square feet (1.197 acres)
new 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 328,360.00
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 Just Compensation offered for this Acquisition is: 328,360.00
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:
Considered a part of developmental land value (Asphalt Driveway /Parking, Lawn, Miscellaneous
Landscaping)
8. Items owned by others (i.e lessee, tenants, etc.) included in Item 5 above are identified as follows:
None
9. Remarks:
Date Signature
Form 36551 (Rev. 3/96)
/I
iy c> i e r S,s�,. s t. ,r'" yy v 4 R y
+y'yk =tx z.£T�..A�' s� tw i .s. k:. r '�'lPk'r ....F i," e r...
ALA -CF -3 Code
APPRAISAL REPORT
Value Findings X Short Form Long Form
Partial Acquisition Total Acquisition Page 1 of 51
Type of Property Residential Project Main Street Roundabout
Indicate:(Residential, Commercial, Bareland, Farm, Special, Industrial)
Location 210 Third Avenue SW, Carmel, IN 46032 Parcel 2
Owner Indiana Bell Telephone Company (Patrick Henkel) Phone (312) 814 -7964 Road 3 /4 Avenue
Address 210 Third Avenue SW, Carmel, IN 46032 County Hamilton
Tenant Contract Buyer N/A Phone N/A
Address
Land Areas: Before: 5.52 Acres After: 4.32 Acres Acquisition: 1.20 Acres
R.E.R.: N/A Temp: 0.004 Acres Access N/A Provisional R/W: N/A
CERTIFICATION OF APPRAISER
I hereby certify:
That I have personally inspected the property herein appraised and that I have personally made a field inspection of the comparable
sales relied upon in making said appraisal. The property being appraised and the comparable sales were as represented or referenced
within the appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon
which the opinions expressed herein are based is correct; subject to the limiting conditions herein set forth.
That I understand that such appraisal MAY be used in connection with the acquisition of right -of -way for a project utilizing Federal
funds.
That such appraisal has been made in conformity with appropriate laws, regulations, policies and procedures applicable to the appraisal
of property for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of such
items which are non compensable under appropriate established law.
That this appraisal assignment may have called for less than would otherwise be required by the specific guidelines of the Uniform
Standards of Professional Appraisal Practices (USPAP), but is not so limited in scope that it may tend to mislead the users of the report,
or the public.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values
reported herein.
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement
for which said property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due
to physical deterioration within the reasonable control of the owner, was disregarded in determining the compensation for the property.
That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition
of such property appraised.
That the owner or a designated representative was afforded the opportunity to accompany me on the property inspection.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the Acquiring Agency or
officials of the Federal Highway Administration and I will not do so until authorized by said officials or until I am required to do so by
due process of law, or until I am released from this obligation by having publicly testified as to such findings.
That I have not given consideration, or included in my appraisal, any allowance for relocation assistance benefits.
That no one provided significant professional assistance to the person signing this report with the exception of those signing below.
That my opinion of fair market value for the property to be acquired and residue damages, if any, as of the 15th Day
of August, 2006 which is the effective date of this appraisal is $330,000 Based upon my independent
appraisal and the exercise of my professional judgment.
SUMMARY PRIMARY APPR
BEFORE VALUE 1,518,000
Signature 4
AFTER VALUE 1,188,000 Named Typed Jos-p' Tra or, GAA, RAA
Appraisal License CG69100233
Land Taken 330,000 Broker IB51442 78
Date: May 2, 2006
Land Improvements 0
ASSISTED BY
Improvements 0
Signature
Cost -to -Cure 0 Named Typed
Appraisal License
Damages to Residue 0 Broker
Date:
Temp. -Prov. R/W 0
Signature
TOTAL DUE OWNER 330,000 Name Typed
Appraisal License
Date
PROJECT 3RD AVENUE SW 4TH AVENUE SW Parcel INDIANA BELL (AT &T)
ALA -CF -3 APPRAISAL REPORT Code
Value Finding (X) Short Form Long Form
(X) Partial Acquisition Total Acquisition Page 1 of 31
Type of Property Industrial/Commercial (Bareland) Project
Indicate: Residential, Commercial, Bareland, Farm, Special, Industrial
Location 210 Third Avenue SW, Carmel, IN 46032 Parcel Indiana Bell
Owner Indiana Bell Telephone Company, Incorporated (AT &T) Phone n/a Road 3rd/4th Avenue
Address 18289 SR 9, Hoopeston, IL 60942 County Hamilton
Tenant
Contract Buyer n/a Phone n/a
Address n/a
240,651 square feet 188,531 square feet 52,120 new
Land Areas: Before 5.525 acres After 4.328 acres Acquisition 0 existing
square feet n/a square feet 52,120 total
Temp. R/W acres Provisional R/W n/a acres Abutters Rights n/a
CERTIFICATE OF APPRAISER
I hereby certify:
That I have personally inspected the property herein appraised and that I have personally made a field inspection of the comparable
sales relied upon in making said appraisal. The property being appraised and the comparable sales were as represented or referenced
within the appraisal.
That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the information
upon which the opinions expressed herein are based is correct; subject to the limiting conditions herein set forth.
That I understand that such appraisal may be used in connection with the acquisition of right -of -way for a project utilizing federal
funds.
That such appraisal has been made in conformity with appropriate laws, regulations, policies and procedures applicable to the
appraisal of property for such purposes; and that to the best of my knowledge no portion of the value assigned to such property
consists of such items which are noncompensable under appropriate established law.
That this appraisal assignment may have called for less than would otherwise be required by the specific guidelines of the Uniform
Standards of Professional Appraisal Practices (USPAP), but is not so limited in scope that it may tend to mislead the users of the
report, or the public.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values
reported herein.
That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement
for which said property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due
to physical deterioration within the reasonable control of the owner, was disregarded in determining the compensation for the
property.
That I have no direct or indirect present or contemplated future personal interest in such property or in any way benefit from the
acquisition of such property appraised.
That the owner or a designated representative was afforded the opportunity to accompany me on the property inspection.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the Acquiring Agency or
officials of the Federal Highway Administration and I will not do so until authorized by said officials or until I am required to do so by
due process of law, or until I am released from this obligation by having publicly testified as to such findings.
That I have not given consideration, or included in my appraisal, any allowance for relocation assistance benefits.
That no one provided professional assistance to the person signing this report with the exception of those signing below.
That my opinion of fair market value for the property to be acquired and residue damage, if any, as of the 17 day
of August 20 06 which is the effective date of this appraisal is 328360.00 based upon my
ind- sendent a. raisal and the exercise of m rofessional 'ud:ment.
SUMMARY PRIMARY AP Ai. ,R
BEFORE VALUE 1,500 Signature: 4 44 /79
Name Typed Dennis 0. Otto
AFTER VALUE 1,171,640.00 Appraisal License CR49600157
Broker 1B58800198
Land Taken 328,360.00 Date August 25, 2006
Land Improvements ASSISTED BY
Signature
Improvements Name Typed
Appraisal License
Cost To-Cure Broker
Date
Damages to Residue
Signature
Temp. Prov. R/W Name Typed
Appraisal License
TOTAL DUE OWNER 328,360.00 Broker
Form 25008 (Rev. 6/94) Date
OAS 1 Land Acquisition Group