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Illinois Street/South Ext - Ackmann • e�,L;Inr r. 'b • CI O x ' IEL JAMES BRAINARD; MAYOR UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER • DATE: September 18, 2012 The Estate of Marianne M. Ackmann PROJECT: Illinois Street Extension c/o Elizabeth A. Elias Project No. 10-10 Flail Render Killian Heath & PARCEL: 6 Lyman, P.C. FEE SIMPLE PARTIAL 0.436 acres One American Square Suite 2000 Box 82064 Indianapolis, Indiana 46282 The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your land for certain public purposes. The City of Cartel needs your property for a public improvement. In this instance. the City of Cannel needs your land for the public improvement project entitled Illinois Street Extension; Project No. 10-10 and needs to take the land as described on the attached land plat and legal description. Sec Exhibit A and Exhibit B. It is our opinion that the fair market value of the property we want to acquire from you is 529,100.00 and, therefore, we offer you 529.100.00 for the above-described property. You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days alter signing the documents accepting this offer and executing the appropriate instruments, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received your payment in full. • DEPARTMENT oF ENG[ EE:RiNG ONE C tvic SQUARE. CARMEL_ IN 46032 0=°r° 317.571.24,1i PC\ 3175712439 EYLAIL enginee■ ng`sr:vmel.in.go% HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Cannel is required to make a good faith effort to purchase your property. 2. You do not have to accept this offer and the City of Carmel is not required to agree to your demands. 3. However, if you do not accept this offer_ and we cannot come to an agreement on the acquisition of your property, the City of Carmel has the right to file suit to condemn and acquire the property in the county in which the real estate is located. 4. You have the right to seek advice of an attorney, real estate appraiser, or any other person of your choice on this matter. • 5. You may object to the public purpose and necessity of this project. 6. If the City of Carmel files a suit to condemn and acquire your property, and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the property, • to be acquired. 7. If we both agree with the court appraisers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the property condemned. 8. if the court appraisers' report is not accepted by either of us, then the City of Carmel has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court. the City of Carmel is legally entitled to immediate possession of the property. You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if final judgment awarded is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment. 9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the value of the property. The court's decision may be more or less than this offer. You may employ,at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in this notice. 10. If you have any questions concerning this matter, you may contact Associated Right of Way Services at 1311 N. Arlington Avenue, Suite 209,Indianapolis, Indiana, 46219, or telephone 322-0489. This offer was made to the owner, The Estate of Marianne M. Ackmann, of Hamilton County, Indiana, on the day of . 2012. B Y:/ 229 7 Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by Certified Mail 7009 1680 0000 2614 4204 • If you decide to accept this offer of 529.100.00.sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER The Estate of Marianne M. Acl:rnami, landowner of the above-described property or interest in property, hereby accepts the offer of 529;100.00 made by the City of Cannel on this _day of 2012. BY: Signature Printed Title NOTARY'S CERTIFICATE STATE OF )SS: COUNTY OF Subscribed and sworn to before me this day of 2012. My commission expires: County of residence: Signature Printed • es �' 'jos :_;: C I 'OF r~ARi�dEL JAMES BRAINARD, MAYOR EN ji'Yi7U+Nry'hIYVE 3Y ML i Ste"? f x+ > '•i YK` w.mF 1 a r f, 'SENDER COMPLETEt,THISSECTIONj satin e. OMPLETE TFfIS SECT(• 'ON DELNr P ftteik,its. .!! .�c•t�\a94!Sro. 11<e�3�!.'4t..f.:.L4+trt.XV•bt4m5BS...:Yr1 h�:4d: '.�."-3+`t e"tt'i:�n:°k�3� 1`�ltfrd'1�'�{?'i. s!iLe?f ie 2 Complete items 1,2,and 3.Also complete A. tignature • item 4 If Restricted Delivery is desired. Agent ® Print your name and address on the reverse ❑Addressee so that we can return the card to you. a. Rec ved by(Printed Name) C. Date of Delivery H Attach this card to the back of the mailpiece, or on the front if space permits. -D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: i rig F.s'laf¢ a "'fa c.t tie M. If YES,enter delivery address below: 0 No r4G I� • .. ... C/o 6e.h A . E I is C"/�zw _ _. ant( 'C&A Je- lLun r/e 11 E4 t cel N/ Ct1L-tA-1' 3. S Ice Typa,. cove A N .5 rZ z Certified Mail 0 Express Mall ,.,( 0 Registered 0 Return Receipt for Merchandise 0` 7 J 6 0 Insured Mall 0 C.O.D. 1,4r A/i J a` c LJ 4. Restricted Delivery?(Extra Fee) 0 yes 2. Article Number 7009 1680 0000 2614 4204 (Transfer from service label) I PS Form 3811, February 2004 Domestic Return Receipt 102s95-02-M-1e4 4 C ES 1raTs,I, •4 P os„Ft a I st: a`v, c t^s'F a E. A¢" ` ,P r *"s*s ozwJ t t vr.;>; EIIMAI ECEIPT sa s ;,Dre;(cMaj r sOn yt Nn`tgu ra et C9ea g9 Prod )aw • Rd �POrJUe�livery�lrilor'iit�tion v��tfstltfoSu weosne atwwnw asps co��u;?�rr!` IfjL"'y�i7Jr'M_IF.iJ�-7,: 2L A I� PJ S E S Postage s 20 I N Certified Fee - 11 Postmark 0 Return Receipt Fee _ __ Here I 0 (Endorsement Required) y2. _; 0 Restricted Delivery Fee (Endorsement Required) 10 en Total Postage e.Fees l$ y rR Sent To 6l.PE: 62fr fig•fil• 0 'Street Apt.No.: 0 or PO Box No ~ City.State,ZIP*4 PSeFUimt9900 ALguet;2ape iscat7 >< VSeekRC ae're insiiucosn; D EPA RTI'1EN: OF ENGINEERING ONE C: .c SQUARE; CARMEL. IN 46032 OFFICE 317571.2441 Rx 317571.2439 E,NI LL gnu:ncenngec:tr:ne!.in.gec ACCEPTANCE OF ADMINISRATIVE SETTLEMENT The Estate of Marianne Nil. Ackmann, landowner of the property or interest in property described in Exhibit A and Exhibit B, which are attached hereto and incorporated herein, hereby accepts the a ninistrative settlement of$34.000.00 made by the City of Cancel on this / ' day of 44/1/4/1-7/ 2013. The Esttatee of Marianne M. Ackmann: BY: / ""-- t — ___ _ ,fame's ,1. Elias Special Administrator by Letters of Special Administration for the Limited Purpose of Transacting Condemnation Proceedings Against Estate's Real Property dated December 11, 2012 Cause No. 29D03-1206-EU-246 NOTARY'S CERTIFICATE STATE OF INDIANA ) )SS: COUNTY OFMGiriCV ) Subscribed and sworn to before me this � V day of ..I avluar , 2013. My commission expires: OC+Olav I auao County of residence: Mari aV\ � ;I/Ad Signature k see. ler Printed LETTERS TESTAMENTARY (UNSUPERVISED ADMINISTRATION) Cause No. 29003-1206-EU- ,-°L 4 STATE OF INDIANA, HAMILTON COUNTY, SCT: To Whom These Presents Shall Come,Greeting: 1, Peggy Beaver,Clerk of the Hamilton Superior Court#3, Within and for said County of Hamilton, in the State of Indiana, do hereby certify that Letters Testamentary of the Estate of Marianne M. Ackmann, late of Hamilton County,deceased,who died testate,are hereby granted to Elizabeth A. Elias and,having qualified and given bond as such personal representative Elizabeth A. Elias is duly authorized to take upon herself the administration of such estate, without court supervision,according to law. WITNESS my hand seal of said Court, at Noblesville, Indiana, This , 2012 JON -6 2U1i? U F" zeus 6 • "" ,Clerk C ERK CF COURTS LETTERS OF SPECIAL ADMINISTRATION FOR THE LIMITED PURPOSE OF TRANSACTING CONDEMNATION PROCEEDINGS AGAINST ESTATE'S REAL PROPERTY (UNSUPERVISED ADMINISTRATION) Cause No. 29003-1206-EU-246 STATE OF INDIANA, HAMILTON ON COUNTY, SCT: To Whom These Presents Shall Come,Greeting: I,Peggy Beaver,Clerk of the Hamilton Superior Court No. 3, Within and for said County of Hamilton, in the State of Indiana, do hereby certify that Letters of Special Administration of the Estate of Marianne M.Ackmann, Late of Hamilton County, deceased, who died testate, are hereby granted to James It Elias and,having qualified such special administrator James IL Elias is duly authorized to take upon himself the administration of such estate for the limited purpose of transacting condemnation proceedings against the Estate's real property located at 330 W. 106th Street,Cannel, Indiana(Hamilton County), executing documents, titles and other instruments necessary therefor,and receiving payment and delivering such payment to the Personal Representative. WITNESS my hand and seal of said Court, at Noblesville,Indiana, 111. This R&C' , 2012 7 i, G ; r m ; 1NplANP �`` , STATE OF INDIANA ) HAMILTON COUNTY SUPERIOR COURT' ". ) SS: 1 0 2012 COUNTY OF HAMILTON) CAUSE NO. 29D03-1206-EU-246 - cc7¢ �� LERKOFiryE -- In Re the Unsupervised Administration of the ) RNS;;TON SUPERIOROURT ESTATE OF MARIANNE M.ACICMANN ) • ORDER APPOINTING SPECIAL ADMINISTRATOR FOR LIMITED PURPOSE OF TRANSACTING CONDEMNATION PROCEEDINGS ON BEHALF OF ESTATE This matter comes before the court on Petitioner's Petition for Appointment of Special Administrator for Limited Purpose of Transfering Real Property Pursuant to Condemnation Proceedings by the City of Carmel, and the Court,being duly advised, finds the same should be and hereby is GRANTED. IT IS THEREFORE ORDERED that James R. Elias is appointed a Special Administrator for the limited purpose of executing any and all documents,titles or other instruments necessary to transact a condemnation proceeding against the Estate's real property located at 330 W. 106th Street,Carmel, Indiana(Hamilton County), receiving payment therefore and delivering payment to the Personal Representative, and any and all acts necessary to conclude such condemnation transaction on the Estate's behalf. FURTHER,the Special Administrator shall submit his report to this Court upon conclusion of such condemnation proceedings. SO ORDERED this day of December,2012.. Judge,Hamilton County Superior Court#3 Distribution: Veronica Jarnagin 1329 Randall Road Indianapolis, IN 46240 RECD DEC 1 0 2012 STATE OF INDIANA ) HAMILTON COUNTY SUPERIOR COURT ) SS: COUNTY OF HAMILTON) CAUSE NO. 29D03-1206-EU-246 In Re the Unsupervised Administration of the ) ESTATE OF MARIANNE M.ACKMANN ) FILED DEC - 6 2012 OATH � fid I swear that I will faithfully discharge the duties of my charge as Special Administrator of the Estate of Marianne M. Acicmann,deceased, according to law. `eri—4' Jame. Has DkaLYENTEREO FOR TAXATION C o py Subject to final acceptance for -------r transfer/ • : da V of , 2011 Project : Illinois Street Extension Project No. 10-10 MAX LIAM Aufttor dHantiltec Counh Parcel Parcel # /t0 - WARRANTY DEED THIS INDENTURE WITNESSETH THAT The Estate of Marianne M. Ackmann BY James R. Elias, Special Administrator (individually and collectively the "Grantor'), convey and warrant to the City of Carmel. Indiana (the "Grantee"), for the sum of Thirty-four Thousand and 00/100 Dollars (S34.000.00) (of which said sum 331,500.00 represents land and improvements acquired and 32,300.00 represents damages) 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. The Grantor hereby specifically acknowledges and agrees that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor, or any successors in title to the abutting lands of the Grantor, notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee or his successors in title, of a portion or all of the said Real Estate or any right of way, roadway or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor and all successors and assigns. • As an inducement for the Grantee to close this real estate transaction, the Grantor assumes and agrees to pay the 2011 real estate taxes and assessments payable in 2012, the 2012 real estate taxes and assessments payable in 2013 and any and all delinquent real estate taxes, interest and penalties on the above described real estate. This obligation to pay shall survive the said closing and shall be enforceable by the Grantee in the event of any non-payment. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this - day of .A/V4i��y . 2013. The Estate of Marianne M. Ackmann: N. 1 lJi 2013012732 t o DEED 526.00 I3Y.iv �� 02/28/2013 12:07:39P 5 P65 Mary L. Clark Recorder IN .lames R. Elias HtPMILTON County SpeciaAdministrator by Letters of Special IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Administration for the Limited Purpose of Transacting Condemnation Proceedings Against Estate's Real Property dated December 11, 2012 Cause No. 29D03-1206-EU-246 • NOTARY CERTIFICATION STATE Of INDIANA ) ) SS: COUNTY OF Na nfl.. ) Before me the undersigned. a Notary Public in and for said County and State, personally appeared James R. Elias, Special Administrator of the Estate of Marianne M. Ackmann, die 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 Iv day of\1 avi U VN ; 2013. v My Commission Expires: l,l6_10°r I) 2020 I County of Residence: t "UAJr l CF^ eaW SI, `l Notary Sienatu'- kaSee Si 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 • i • EXHIBIT "A" Sheet I of I Project: 10-10 Parcel: 4 Fee Key Co.: 29-13-02-000-027.000-003 A part of the Southwest Quarter of Section 2, Township 17 North, Ranee 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 Right of Way Parcel Plat, marked EXHIBIT"B", described as • follows: Commencing at the Southwest corner of said quarter section, designated as point "3"on said parcel plat; thence along the south line of said quarter section North 89 degrees 09 minutes 45 seconds East 550.72 feet to the point of beginning of this description; thence North 00 degrees 54 minutes 11 seconds West 11.00 feet to the north boundary of 10615 Street, designated as point "254"on said plat; thence continuing North 0D degrees 54 minutes 1 I seconds West 5.17 feet to point"255" designated on said plat; thence North 89 degrees 05 minutes 49 seconds East 40.00 feet to point "256" designated on said plat; North 00 degrees 54 minutes 11 seconds West 45.00 feet to point "257"designated on said plat; thence North 88 degrees 53 minutes 03 seconds East 217.89 feet to point'258" designated on said plat; thence North 56 degrees 36 minutes 26 seconds East 72.31 feet to the east line of the grantor's land, designated as point "259" on said plat; thence along said east line South 00 degrees 03 minutes 12 seconds East 90.19 feet to the north boundary of 106th Street; thence continuing along said east line South 00 degrees 03 minutes 12 seconds East 11.00 feet to the south line of said quarter section; thence along said south line South 89 degrees 09 minutes 45 seconds West 317.38 feet to the point of beginning • and containing 0.436 acres; more or less; inclusive of the presently existing right-of-way which contains 0.080 acres; more or less. • - \`\\111111111111//// \>,1 C This description was prepared for the City of Carmel, Indiana by � G ....6�J6' Timothy J. Coomes, Indiana Registered Land Surveyor, License Number - �OCO0004 z E- 20600004, on the 2•I5 day of J U/t , 2012. = srr or 1 '••NOia SURN /� s I II'. 1 EXHIBIT "B' SHEET 1 OF 2 RIGHT-OE-WAY PARCEL PLAT Prepared for The City of Coi ne!, Indiana 0 50 100 200 1 by United Consulting (Job No. i i-408) SCALE "= 20d 1 P.0'.1 39+91.40 5-2-K'= KEY Na: 29-i3-02-000-028.000-034 ,._ Par. 50+1087 "PR-A" KEY NO.: 29-13-02-000-027.000-003 fp P.C. 52+54.71 'PR.-A" PR-S-2-K" ¢° N 80.49.53' I i ' c 868.1' - - I / / 50.17 = \: 50.17 1 _968.10'ISICI ` oA I I 868.1' b 1 c \` R/ RES. A 255 207 258 259 o l/ N NI ® w f 3 2 106TH ST. - ° -- , cm j 968.1 1SICi / I \ I 9.5' INDIANAPOLIS WATER/ COMPANY EASEMENT Q 8' INDM":MA EEL! `PR-S-2-i( I 1 i TELEPHONE COMPANY Ar 89'05'49„ E fASE�l4E�\'T IS o . CX78 P.O.T. 10+00.00 PP,-S-2—K" SEC. 13+55.03 'PR-S-2-K1 S -K, (711916 riSia 9'07 10"" c PI ;4+12.87 PR—S-2—( P.O.T. 34+00.00 "5-2-e o= 845751' Lt. . R= 800.00' i= 57.80' • L= /15.4! 0= 209' OPT. 14+7044 PR-S-2-K'I 558 P.T. 48+32.81 "PR-A" OP.I.. 16+06.57 "PR-S-2-K P.O.T. 42+0000 5-2-K OWNER : ACKMMIN, MARIANNE M. DRAWN BY: K.I. CARR 5-14-12 PARCEL : 4 CHECKED BY: T.J. COWES. 6-15-12 CODE DES. NO. : 1 - PROJECT : 10-10 . i ROAD : ILLINOIS ST. INSTRUMENT NO. 2010046321, DATED 6-10-2010 COUNT HAMILTON , IN�STRUN.ENi NO. 2010046320, DATED 6-10-2010 SECTION . 2 ICHED AREA IS THE INSTRUMENT N0. 200000056305, DATED 11-9-2000 ---,...,,,,Ti"-: APPROXIMA.Tc TAKING I INSTRUMENT N0. 199909973455, DAZED 12-13-1999 I TOWNSHIP : 17N. I` RANGE Dimensions shown ere from the above listed Record Documents. EXHIBIT "B" (cont.) 1 SHEET 2 OF 2 PARCEL COORDINATE CHART Point Line Station Offset NORTH EAST 1 *3 ---- ---- ---- ----- *53157 I ,3-2-1( i---- ---- I ---- ---- 1 --- ---- 254 "PR-S-2-1( 11+90.00 5(9.83 U .) 997145780 105433.1476 255 "PR-S-2-K 11+90.00 15.00' U . 99719.7446 105433.0663 256 "PR-S-2-K" 12+30.00 15.0E LT. 99720.3751 105473.6614 257 "PR-S-2-;K' 12+30.00 50.00' LT. 99765.3695 105472 3521 258 "PR-S-2-K' 14+55.00 55.00' LT. 99769.8128 105590.1973 259 `PR-A" 51+15.00 P_(180.39' LT.) 99809.4128 105750.5735 558 "PR-A" P.T.(48+32.81) ---- 99540.5474 105950.4592 559 "PR-A" P.C.(52+54.71) ---- 99951.4120 105920.9443 578 "PR-S-2-K' P.O.T.(10+00.00) ---- 99701.7517 105243.3264 579 °P_R7S-27K'( P.C.(.13+55.03).. ---- .1.99707.3477 ..1,05598.3.134 580 "PR-S-2-K'I P.1.(14+70.44) ---- 99717.4691 105713.1751 581 "PR-S-2-1( P.1.(16+06.57) ---- 199739.1601 1058475667 587 "PR-A" P.O.T.(50+10.87) ---- f 99718.1680 105938.0028 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES. * SEE LOCATION CONTROL ROUTE SURVEY PLAT. SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the "Location Control Route Survey pttttlllll7f recorded as Instrument Number 2011051245 in the Office of the Recorder of Hamilton County, w.wv ( � Indiana, (incorporated and mode a part hereof by reference) comprise a Route Survey executed in `,.$` �� • C4-11/1 G, accordance with Indiana Administrative Code 865 WC 1-12, ( Rule 12"). J�tSTE,gF �j�� Given under my hand and seal - I2(D�zZ * .20600004 * g. STATE OF _ '.( ' .NDIANP..�O�`` • 4./z-k 7rT 14/ SURVF C) TIMOTHY'J. cook Es' (� 7 wrrnillion� \ Registered Land Surveyor No. 20600004 State of Indiana 1 OWNER : ACK6ANN, 1/AMIANNE M. DRAWN BY: K.I. CARR 6-14-12 1 PARCEL : 4 CHECKED BY: T.J. COOVES 5-15-12 CODE DES. NO. : I PROJECT : 10-10 � ROAD : ILUNDIS Si. COUNTY : HAMILTON I SECTION : 2 TOWNSHIP : 17N. LPANGE 3E i Dimensions shom cre from the chore listed Record Coements.J • 2013012731 RELEASE $12.00 p^� �,�/ 02/28/2013 12:07:39P 1 PCS '04 Ik-�'i .7 Mary L. Clark HAMILTON County Recorder IN • Recorded as Presented 1 IIIIIIIINIIIIIIIIINIIIINIIIIIIIIIIIIIII!IIIIIIINIIIIIIIIIIINIIIII • SATISFACTION OF MORTGAGE This certifies, that a certain Mortgage executed by Stephen Ackmann and Marianne Ackmann ("Borrower") to NorthPark Community Credit Union formerly Dow Employees Credit Union on October 2, 2006, calling for $200,000.00 and recorded as instrument number 200600070606 in Hamilton County, State of Indiana, is fully paid and satisfied and the same is hereby released. Witness my hand and seal this 28th Day of February, 2013 By: "/l/r/ , g A' Meliss• S rohl, Loan Officer NorthP• Community Credit Union Formerly Dow Employees Credit Union State of Indiana } County of Boone • Before me, the undersigned, a Notary Public in and for said County and State, appeared Melissa Strohl, Loan Officer or/and in their behalf and acknowledged the execution of the foregoing Satisfaction of Mortgage. (111f(_) - tcr�j � t K LHunter, Notary ublic a""•., knisTA,t,He a ry pWO, ', Boone County — My Commission Expires A resident of Boone County. \i¢; " June 28,2014 My commission expires: 06/28/2014 "I affirm, under the penalties and perjury, that I have taken reasonable care to redact each Social Security numb r in this document unless required by law." Krista L. Hunter This document was prepared by Krista L. Hunter, Agent for NorthPark Community Credit Union • f °{ rL • Fb.✓^:.3 • �m+n•-�� &�rnP�irf j 1 �I S; a . EL ,, ate. j 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: Illinois Street Extension Parcel: 4 • Landowner: The Estate of Marianne M. Ackmann The City of Carmel made the Uniform Property or Easement Acquisition Offer to the Estate of Marianne M. Ackmann by certified mail in care of Elizabeth A. Elias in her role as personal representative on September 25, 2012. The Uniform Offer was made under the threat of eminent domain. The Estate was unsupervised. James R. Elias was appointed special administrator of the Estate to deal with the acquisition to acquire a portion of the Estate's property for the above project. The amount of the offer was $29.100.00. Mr. Elias rejected the offer and countered with a proposal that was valued at $38,752.00. This proposal was unacceptable to the City. However, the City proposed a settlement amount of$34,000.00, which the Estate was willing to accept. In support of the administrative settlement we list the following: First, were the City to file the condemnation case, the Estate could introduce its own appraisals with higher land values. This carries the.possibility that the eventual award • may be higher than the amount of the administrative settlement. • . Secondly, should the City proceed in 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. Lastly. 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 • DEPARTMENT OF ENGINEERING ONE Civic SQUARE. CAIaIEI, IN 46032 OFFICE 317.5 71.2441 F.- x 317.571.2439 Faun ......:.......:.....a.,....,.,..i:.. • •t. • 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 Caramel approve the terms of the above described administrative settlement. This recommendation is approved. Stephen C. Engelking Director • .,i, e; 4