Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
P33 Bush Development
STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO 29D01- 0902 -PL -192 FILE CITY OF CARMEL, MAR 13 2012 Plaintiff, ot J HAMILTQNSUP RfQ GQLRT v. BUSH DEVELOPMENT COMPANY, L.P.,) FIFTH THIRD BANK, and FANNIE MAE Defendants. ORDER TO DISBURSE FUNDS This matter came before the Court on a Motion to Disburse Funds filed by the Plaintiff, the City of Carmel. The Court, being duly advised, now finds that the Motion should be GRANTED. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Clerk of this Court shall be and is hereby authorized and directed to issue payment in the amount of $293,000.00, together with any interest thereon, to Bush Development Company, L.P. and then deliver such payment to counsel for the City of Carmel (Alan S. Townsend, Bose Mclo{4 tty+ Evans LLP, 111 Monument Circle, Suite 2700, Indianapolis, Indiana 46204). Litnio Dated: MAR 1 2 2012 Judge, Hamilton Supe%gaurt 1 .o a?: PRO P T M RE DISTRIBUTION: Alan S. Townsend Tim Ochs Bose McKinney Evans LLP Zeff A. Weiss 111 Monument Circle, Suite 2700 ICE MILLER LLP Indianapolis, IN 46204 One American Square, Suite 2900 Indianapolis, IN 46282 -0200 Peggy Beaver, Clerk Hamilton County Courts 106 Government Judicial Center One Hamilton County Square Noblesville, IN 46060 -2233 2090817/8824 -102 2 CITY OF CARMEL, INDIANA VENDOR: 061160 Page 1 of 1 t 0 ONE CIVIC SQUARE CLERK OF HAM CNTY SUPERIOR COUNT CARMEL, INDIANA 46032 ONE JUDICIAL SQUARE CHECK AMOUNT: $293,000.00 NOBLESVILLE IN 46060 CHECK NUMBER: 172153 CHECK GATE: 5/6/2009 .PARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 920 4470302 29D0109002PL 293,000.00 29D01- 0902 -PL -192 F CITY OF CARMEL, INDIANA VENDOR: 061160 Page 1 of 1 ONE CIVIC SQUARE CLERK OF HAM CNTY SUPERIOR COURT CARMEL, INDIANA 46032 ONE JUDICIAL SQUARE CHECK AMOUNT: $293,000.00 CHECK NUMBER: 172153 NOBLESVILLE IN 46080 CHECK DATE: 5/6/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 920 4470302 29D0109002PL 293,000.00 29D01- 0902 -PL -192 REMITTANCE ADVICE DETACH AND RETAIN FOR YOUR RECORDS APPROVED BY THE STATE BOARO OF ACCOUNTS FOR THE CITY OF CARMEL 2002 CHECK NO... CITY OF CARMEL INDIANA FIFTH THIRD BANK 71 65s 172153 0 4.. 1 INDIANAPOLIS, INDIANA 749 I 1. f ONE CIVIC SQUARE .oi CARMEL, INDIANA 46032 GENERAL ACCOUNk/ DATE: 5/6!2009 �`V AMOUNT PAY 2 9 3, 0 0 0 0 0 A EN $293,000.00 Nir Two MIME THREE ZERO ZERO ZERO CT S V c THIS WARRANT IS VOID TWO (2) YEARS AFTER DECEMBER 31 OF THE YEAR OF ISSUE ....V N CLERK OF HAM CNTY SUPERIOR CO The ONE JUDICIAL SQUARE Order NOBLESVILLE IN 46060 Of e-,.7, 1 STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1 SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0902 -PL -192 CITY OF CARMEL, Plaintiff, v. MAY 0\0 009 BUSH DEVELOPMENT COMPANY, L.P.,) FIFTH THIRD BANK, and �ER OF THE HAMILTON SUPERIOR COURT FANNIE MAE, Defendants. TENDER OF DAMAGES AND MOTION FOR RIGHT OF ENTRY The Plaintiff, the City of Carmel, by counsel, respectfully tenders Two Hundred Ninety- Three Thousand Dollars and No Cents ($293,000.00) to the Clerk of the Hamilton Superior Court and requests an Order Granting Right of Entry and in support thereof states as follows: 1. The City of Carmel initiated this action on February 13, 2009 by filing its Complaint for the Appropriation of Real Estate. 2. On or about March 20, 2009, this Court entered an Agreed Order of Appropriation and Appointment of Appraisers (the "Agreed Order of Appropriation 3. On or about May 4, 2009, the appraisers appointed by the Court filed their Report of Appraisers, stating that the total damages sustained by,the landowners amount to Two Hundred Ninety -Three Thousand Dollars and No Cents ($293,000.00). 4. Consistent with the Report of Appraisers, the City of Carmel has tendered Two Hundred Ninety -Three Thousand Dollars and No Cents ($293,000.00) to the Clerk of this Court A and requests a right of entry providing that the City of Carmel is entitled to possession of the Subject Real Estate, which is more specifically described in the Agreed Order of Appropriation, for the purpose of constructing and maintaining a public roadway improvement project at 116 Street and Keystone Parkway. WHEREFORE, the City of Carmel, by counsel, respectfully requests that this Court enter an Order Granting Right of Entry providing that the City of Carmel is entitled to possession of the real estate described in the Agreed Order of Appropriation and for all other appropriate relief. Respectfully submitted, 6. Atl S. Townsend Attorney No. 16887 -49 BOSE McKINNEY EVANS LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684 -5000 (317) 684 -5173 (FAX) Attorneys for the Plaintiff, the City of Carmel CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing "Tender of Damages and Motion for Right of Entry" has been deposited in the United States mail, first class postage prepaid, on the 1 II.- day of May, 2009, addressed to: Zeff A. Weiss Andrew J. Miroff ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN 46282 0200 6. Alan S. Townsend 1396038 2 Project: 07 -08 DULY ENTERED FOR TAXATION Parcel 33 Fee Simple Subject to final acceptance for transfer Parcel 33 A Fee Simple with k 20 Partial Limitation of Access day of `,(y) CarAah. Auditor of Hamilton County Parcel WARRANTY DEED C y THIS INDENTURE WITNESSETH that Bush Development Company, L.P., "Grantor conveys and warrants to the City of Carmel, Indiana "Grantee for the sum of Five Hundred Thousand Dollars and No Cents ($500,000.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: See 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. Grantor shall be responsible for the payment of all real estate taxes now outstanding against or which otherwise become due and payable for the real estate through and including the installments of real estate taxes due and payable through December 31, 2012. 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) is 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. [Signature page to follow.] 2012013123 WARR DEED $34.00 03/14/2012 02:13:16P 9 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented IR l 11E WSWINUMM 1/2701120.2 IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this day of r 6 2011. GRANTOR: Bush Development Company, L.P., By: MWD Management Inc. a General Partner By: R, Richard Hockema, Vice President 1/2701120.2 STATE OF C 1G SS: COUNTY OF r i Before me the undersigned, a Notary Public in and for said County and State, personally appeared Richard Hockema, Vice President of MWD Management Inc., a general partner of Bush Development Company, L.P., 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 M da of A. 2011. My Commission Expires i (+31 206 County of Residence: it'Ym Nf 1 Not. //..\c' CHERIE ASHWORTH Notary Public, State of Ohio ;F:: My Commission Expires 07 -31-15 No i ee e This instrument was prepared by Alan S. Townsend, Bose McKinney Evans LLP, 111 Monument Circle, Suite 2700, Indianapolis, Indiana 46204. Send tax bills to: One Civic Square, Carmel, Indiana 46032 After recording, return deed to: Alan S. Townsend, Bose McKinney Evans LLP, 111 Monument Circle, Suite 2700, Indianapolis, Indiana 46204 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. Alan S. Townsend 1/2701120.2 1793748_1 1/2701120.2 EX OMIT "A" Project: 07 -08 Sheet 1 of 1 Parcel 33 Fee Simple Key No. 16- 14- 06-00 -00 003.000 a o A part of the Northeast Quarter of Section 6, Township 17 North, Range 4 Est, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B described as follows: From the Northeast corner of said Quarter Section, run South 89 degrees, 50. minutes, 55 seconds 'West upon and along the North line, 686.75 feet; thence run South 0 degrees, 09 minutes, 05 seconds East, 45.0 feet to the South right -of -way line of Bast 116 Street (tlae foregoing portion of this description starting with "From the Northeast corner" was taken from Book 304, Page 590 recorded in the Office of the Recorder of said County); thence North 89 degrees 54 minutes 34 seconds West 350.00 feet along said boundary to.point "565' designated on said parcel plat and the point af,beginning of this description: thence South 0 degrees 05 minutes 26 seconds West 9.57 feet to point "566" designated on said parcel plat; thence North 89 degrees 44 minutes 27 seconds West 115.00 feet to the west line of the 7.526 acre tract described in Book 304, Page 591; thence North 0 degrees 05 minutes 26 seconds East 9.23 feet along said west line to tic south.boundary of 116' Street; thence South 89 degrees 54 minutes 34 .seconds Bast 115.00 feet along said boundary to the point of beginning and containing 0.025 acres,.more or less. All bearings in this description which are not quoted from previous instruments are based on the bearing system for City of Carmel Project 07 -08. This description was prepared for the City of Carmel by Bryan 3. Moll, Indiana Registered Land Surveyor, License -0 4f() Number LS20500012, on the 23` day of October, 2008. A AA.. 20 00012 r STATE OF `qua SURW. EXHIBIT 1/2701120.2 EXBIBI'r "A" Project 07 -08 Sheet 1 of 2 Parcel 33A, Simple with Partial Limitation of Access Key No, 16 -14- 06-00 -00 -002.000 A partrof the Northeast Quarter- of Section 6, Township 17. North, Range 4 East, Hamilton County, Indian& and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT 'B described as follows: From the Northeast corner of said Quarter Section, run South 89 degrees, 50 minutes, 55 seconds West Upon and along the North line, 686.75 feet; thence -run South 0 degrees, 09 minutes, 05 seconds East, 45.0 feet to the South .right -of -way line of East 116 Street (the foregoing portion of this description starting with "From the Northeast comer" was taken from Book 304, Page 590 recorded in the Office of the Recorder of said County); thence North 89 degrees 54 minutes 34 seconds West 465.00 feet along said boundary to the west line of the 7.526 acre tract described in Book 304, Page 591 and the point ofbeginning of this description: thence South 0 degrees 05 minutes 26 seconds West 9.23 feet along said west line; thence North 89 degrees 44 minutes 27 seconds West 235.00 feet to point "567" designated on said parcel plat; thence South 76 degrees 45 minutes 49 seconds West 154.26 feet to point "568" designated on said parcel plat; thence South 41 degrees 34 minutes 04 seconds West 44.56 feat to point "569" designated on said parcel plat; thence South 26 degrees 33 minutes i9 seconds West 22.36 feet to point "570" designated on said parcel plat; thence South 0 degrees 00 minutes 36 seconds East 140.00 feet to point "57£" designated on said parcel plat; thence South 7 degrees 26 minutes 2I seconds West 100.81 feet to the east boundary of Keystone Parkway designated as point "572" on said parcel plat; thence North 0 degrees 25 minutes 09 seconds West 294.85 feet along the east boundary of said Keystone Parkway; thence North 55 degrees 37 minutes 46 seconds East 66.53 feet to a south boundary of 116 Street; thence North 86 degrees 16 minutes 46 seconds East 75.22 feet along the south boundary of said 116 Street; thence South 89 degrees 54 minutes 34 seconds East 309,95 feet along said boundary to the point of beginning and containing 0.266 acres, more or less. EXHIBI1t at V2701120.2 EDIT "A" Project: 07 -08 Sheet 2 of 2 Parcel 33A Pee Simple with Partial Limitation of Access Key No. 16- 14- 06- 00 -00- 002.000 TOGE 1'HER with the puuuaneut extinguishment of all rights and easements of ingress and egress to, from, and across the limited access facility (to be known as Keystone Parkway) to and from the grantor's abutting lands along the lines described as follows: The 154.26 -foot, the 44.56 -foot, the 22.36 -foot, 140.00 -foot and the 100.81-foot courses described above, This restriction shall be a covenant running with the land and shall be binding on all successors in title to the said abutting lands. All bearings in this description which are not quoted from previous instruments are based on the bearing system for City of Carmel Project 07 -08. This description was prepared for the City of Carmel by Bryan J. Moll, Indiana Registered Land Surveyor, License Number LS20500012, on the 23` day of October 2008. No. Revised 23` day of October, 2008. 20500012 STATE OF *Li SUR EXHIBIT 5 3 f 3 1/2701120.2 EXHIBIT "Bra SHEET 1 OF 2 RIGHT —OF —WAY PARCEL PLAT Prepared For The City of Carmel 0 100` 200' by: AMERICAN SCALE: 1" =200' STRUCTUREPOINT INC. T18N, R4E. C 9 o 35 3b 41110 1 25,/ 1151.75' EXlSTtNG R/W 20 00 Line "5 -6 -E" E, 116TH Street D o 66.53' 75.22 309.94' w M IMF EXISTING R W a ©x 4 5,0' ED R /W �465.D0' 45' halt) 45.0' .7.-1-1 Right -of -Way per Book 304, Page 590 T17N, R4E m ra t 42 111 r ro ro a_ 0 17) c r Residue °A° L Private Roadway r n Easement o co N Book 304, Page 590 tri 8 $c Book 265, Page 416 o o re o Z Z C) C r` X w 433.96' J- 465.00' f 0 0 N =23 HATCHED AREA IS THE APPROXIMATE TAKING WNER: Bush Development Company, LP. DRAWN BY: JEM PARCEL: 33 CHECKED BY: B)M PROJECT: 07 -08 ROAD: Keystone Parkway Book 304, Page 590 Dated 3une 1, 1978 COUNTY: Hamilton Book 260, Page 294 Dated August 14, 1972 SECTION: 6 TOWNSHIP: 17 NORTH RANGE: 4 EAST L. THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY) 1/2701120.2 EXHIBIT "3" SHEET 2 OF 2 RIGHT -OF -WAY PARCEL PLAT Prepared For The City of Carmel by: AMERICAN STRUCTUREPO(NT INC. POINT REFERENCE CHART (Feet) Point North East Station Offset Q 34 35 37 See Location Control Route Survey Plat 38 172 20819,5360 15360.8140 Additional Section Corner located (Harrison Mon.) 565 20776.1917 14323.9931 26 +50 EX RJW (45,43')Rt, 5 -6 -E 566 20766,6234 14323.9780 26 +50 55' Rt. 5 -6 -E 567 20768.2072 13973.9815 23+00 55' Rt. S-6-E 568 20732,8864 13823.8202 21 +50 91' Rt. S -6 -E 569 20699.5454 13794.2522 494 +10 120' Rt. E 570 20679,5437 13784.2556 493 +90 110' Rt. E 571 20539.5437 13784.2798 492 +50 110' Rt. E 572 20439.5804 13771.2271 491 +50 Ex.R/W(96.93') Rt, E 592 20821.3940 14374.2279 27 +00 0' 5-6 -E /r SURVEYOR'S STATEMENT ..n� 1 4f To the best of my knowledge and belief, this plat, together with the "Location Control Y 4 .10 y a e Route Survey" recorded as Inst. No. 200200088040 in the Office of the Recorder of Hamilton County, Indiana, Incorporated and made a part hereof by reference, No. comprise a Route Survey executed in accordance with Indiana Administrative Code 2050001 865 IAC 1 -12 "Rule 12 z i STATE OF oZ /P -Z3 ^OS Q Bryan J. Moll Date '1 Reg. Land Surveyor No. LS2.0500012 State of Indiana NOTE: STATIONS AND OFFSETS ARE TO CONTROL OVER NORTH AND EAST COORDINATES. f OWNER: Bush Development Company, L.P. DRAWN BY: JEM PARCEL; 33 CHECKED BY:. RJM PROJECT: 07 -08 ROAD: Keystone Parkway COUNTY: Hamilton SECTION: 6 TOWNSHIP: 17 NORTH AMERICAN STRUCFUREPOINT, INC PROJECT NO. IN20030661 RANGE: 4 EAST THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY) 1/2701120.2