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Main/4th - Parcel 1 - Knight, John/Theodora it AS TO WARRANTY DEED THIS INDENTURE WITNESSETH, That John L. Knight and Theodora L. Knight, "Grantors convey and warrant to the City of Carmel "Grantee for the sum of Nine Thousand Nine Hundred Fifty and 00 /100 Dollars ($9,950.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, state of Indiana: See attached Exhibit A, which is attached hereto and incorporated herein subject to any and all easements, agreements, restrictions and other matters of record and subject to rights of way for roads and such matters as would be disclosed by an accurate survey and inspection of the real estate. It is understood between the parties hereto, anOheir,successors in title, and made a covenant herein which shall run with the land, that all lands herein described (excepting any parcels specifically designated as easements or as 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 t aeli5in in the Grantors. IN WITNESS WHEREOF, Grantors have caused this deed to be executed this 2, day of ��`2 s'� 2006. GRANTORS: DULY ENTERED FOR TAXATION Subject to fin& acc @ptanoe for t nder L i/ a 7 day ®t 2O John L. Knight l ea(,t,;ti, 72,.p, Auditor of Hamilton County Parcel# R(w Theodora L. Knight Jennifer J Hayden HAMILTON County Recorder IN IN 2006076799 WD 12/27/2006 11:30:39 5 PGS Filing Fee: $0.00 NOTARY CERTIFICATION STATE OF INDIANA j r 'f. SS: 1• r., COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared John L. Knight, Grantor, 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 2 day of Are f 2006. My Commission Expires: County of Residence: ,Q c)AJ o, Notary Signature Notary Printed Name r STATE OF INDIANA SS: 1^, COUNTY OF HAMILTON G `')i c Before me the undersigned, a Notary Public in and for said County and State, personally appeared Theodora L. Knight, Grantor, 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 2-7-9 day of 2006. My Commission Expires c) -v County of Residence 7? v ti Notary Signature Notary Printed Name 2 A v This instrument was prepared by Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square Carmel IN 46037 After recording, return deed to: I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. 11 ey 3 1' EXHIBIT A Parcel 1 (Fee Parcel) A part of the West Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana and being all that part of the grantor's land, as described in a Warranty Deed recorded in Deed Record 358, Page 878 in the Office of the Recorder of the County and State aforesaid, lying within the Right of Way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B" described as follows: Commencing at the Northeast corner of said West Half Quarter Section designated point "54" on said Right of Way Parcel Plat; thence South 89 degrees 52 minutes 35 seconds West (basis of bearings is the North line of said West Half Quarter Section as depicted on a certain Location Control Route Survey Plat, recorded as Instrument Number 200500058840 in the Office of said Recorder) 50.00 feet along the North line thereof to the Northeast corner of said grantor designated point "5025" on said Right of Wav Parcel Plat; thence South 00 degrees 52 minutes 49 seconds West parallel with the East line of said West Half Quarter Section 20.00 feet along the East line of said grantor to point "5004" as designated on•said Right of Wav Parcel Plat and the POLNT OF BEGENNI iG; thence continuing South 00 degrees 52 minutes 49 seconds West parallel with the East line of said West Half Quarter Section 45.98 feet along the East line of said grantor to point "5008" as designated on said Right of Way Parcel Plat; thence North 28 degrees 32 minutes 24 seconds West 56.82 feet to point "5007" as designated on said Right of Way Parcel Plat, thence North 89 degrees 52 minutes 35 seconds East parallel with the North line of said West Half Quarter Section 27.91 feet to the PO 4T OF BEGLNINLNG. Containing 0.016 acres more or less. Prepared by: DLZ Indiana, LLC 360 Century Building r r, 36 South Pennsylvania Street „0 E NT Indianapolis, Indiana 46204 T'' January 16, 2006 C FO No. 880007;x= 47 STATE OF 9 i NOI AN e. Alan Brent Cleveland '�(i0 Registered Land Surveyor, Number LS80880007 J SURV 0` Within the State of Indiana r 4 Sheet 1 of 2 RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel, Indlanabj, Indiana by DLZ Indiana, LC (Job 0563- 0372 -90) Scale: 1"= 20' I�/� -`.l N STREET C 54 LINE "A 2 2/ 1 1 /C SECTION LINE' --608..) 3G 303 (6 �G��J 5' SIDEWALK E.a.SEMENT I C' u G C H uj Z. z L.! z Z II CD v ST) z 0008 W 1/2 of SE 1/4 0 POINT NUMBER of S'ection 25 TWP 1 8 N, RC-E 3 E \v PROPOSED R/W OWNER: JOHN L and ThEODORA L KNIGHT RECORD DOCUMENT INFORMATION PARC I TAKEN FROM: 0 J RECORD 355, PAGE 575 and PROJEC MAIN STRI`� RCUNOAr✓CUT DE`D RECORD 254, 'AGE 507 ROAD: MAIN 5TR f (I 3 I st .51 DRAWN SY: MGY >,1 COUNTY: HAMILTON C 5Y: AEC SEL ION: 25 DATE: 01 17 -06 4, Date: Jan 17, 2006, 3:29pm User ID: OLZ Fla• U.\ nmi\ (15n.3\ (1377\ Rf7W\ Pnrralc\ Pnrrnl 1\ Pnmai Plat 7amnlnto Shoot 1 Rwriaa.i ,4,.,.. 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 Main Street Parcel 1 Road Main Street West City/County Hamilton Roundabout Owner(s) John L. and Theodora L. Knight 3. The area and type of interest being acquired: 0.016+ 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 $2,700 b. Severance Damages (i.e.: Setback, Loss in Value to the Residues, etc. $6,900 c Other Damages (Itemize) Cost -to -Cure Estimate $350 d Temporary Right -of -Way $N /A Total Just Compensation offered for this Acquisition is: $9,950 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 i 20 6 1 [fate 'Signature Form 36551 (Rev. 3/96) May 29, 2006 City of Carmel John and Theodora Knight petition the city of Carmel to completely remove the large tree on the south -east corner of our property on the south part of driveway. Permission to enter our property for the sole purpose of removing this tree is hereby granted. Tree is to be completely removed including the root base. We also request that a load of gravel be delivered to fill void cause by tree removal. The reason for this request is because the additional use of the east side of our property for widening the road and for sidewalks will decrease our parking area for residents of our home and guests. Removing the tree will allow us to expand our parking area. Respectfully S ee, oC� -e John and Theodora Knight 411 West Main Street Carmel, IN 46032 411 WEST MAIN STREET CARMEL. IN 46032 ikestArOtt NIL CnMEL JAMES BRAINARD, MAYOR MEMORANDUM TO PARCEL FILE WAIVER OF PARCEL MORTGAGE RELEASE PROJECT: 4` and Main Street PARCEL: 1 OWNERS: John L. Knight and Theodora L. Knight DATE: June 15, 2006 The consideration for this parcel is $9,950.00, which is paid for land and improvements. The City of Carmel, Indiana hereby waives the requirement that a release be obtained for a certain mortgage to Loan America Financial Corporation dated September 24, 1992 and recorded on October 1, 1992 as Instrument Number 92005874 in the Office of the Recorder of Hamilton County, Indiana, and re- recorded on January 12, 1993 as Instrument Number 9301382 in the Office of the Recorder of Hamilton County, Indiana and for another certain mortgage dated July 15, 2002 and recorded on July 26, 2002 as Instrument Number 200200052895 in the Office of the Recorder of Hamilton County, Indiana. This waiver complies with the Right of Way Acquisition Procedures of the City of Carmel, Section 6. RECOMMENDED APPROVAL: APPROVED: ,A7 Allen D. McFearin Michael T. McBride Administrator City Engineer Associated Right of Way Services City of Carmel, Indiana DEPARTMENT OF ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 31 .571.2441 FAx 317.5 71.2 439 ®RRIF Br:'s ilk® CIEL JAMES BRAINARD, MAYOR ADMINISTRATIVE SETTLEMENT MEMORANDUM TO: Michael T. McBride City Engineer FROM: Allen D. McFearin Associated Right of Way Services, Inc. DATE: June 15,2006 RE: Request for Administrative Settlement Project: 4 and Main Street Parcel: Owners: John L. Knight and Theodora L. Knight The City of Carmel has made a Uniform Property Acquisition Offer to Mr. and Mrs. Knight to acquire a portion of their property for the Illinois Street Extension project. The Knights presently need parking area for four or five cars. Generally, they park them in their driveway or in a turnout from their driveway. A portion of the cars which are parked in their driveway are in the existing right of way. Once the project is built, that opportunity to park will not exist. The Knights expressed an interest in expanding the turnout area on their property to make up for the lost of parking area. The Knights have made a counter offer (see attached) which has three essential terms. First, they will accept the amount of compensation contained in the offer. Secondly, Carmel will agree to remove the tree in their turnout area according to the terms of the counter offer. Thirdly, the Knights will grant Carmel a right of entry to come onto their property to remove the tree. It is our recommendation that if the City is willing to remove the tree, that the City agree to the above described administrative settlement. This recommendation is approved 727 77‘ Michael T. McBride City Engineer DEPARTMENT OF ENGINEERING ONE Crvic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering @ci.carmel.in.us