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HomeMy Public PortalAbout003-2002 - Granting Temporary Right of Way for Construction Easement to INDOT - Two Properties 1 BOARD OF PUBLIC WORKS & SAFETY CITY OF RICHMOND, INDIANA RESOLUTION NO. 3-2022 A RESOLUTION AUTHORIZING THE GRANT OF TEMPORARY RIGHT-OF-WAY EASEMENTS WHEREAS, The Board of Public Works and Safety (hereinafter "Board") is the disposing agent for property owned and to be acquired or transferred by the City of Richmond, Indiana (hereinafter "City"), pursuant to the provisions of Indiana Code (IC) 36-1-11, et seq. and IC 5-22-22, et seq., and the Board has custody, maintenance, and improvement powers of public ways in accordance with IC 36-9-6, et seq.; and WHEREAS, The State of Indiana, by and through its Department of Transportation ("INDOT") is undertaking a project in connection with hot mix asphalt and minor structural improvements on State Route US 40 from 0.49 miles west of US 27 northbound (3rd Street) to 0.58 miles west of US 27 northbound (16th Street) which is an approximate 1.13 mile length of state roadway within the City; and WHEREAS, INDOT is seeking two (2) temporary right-of-way construction easements from the City upon City property which will revert to the City upon completion of the project, which right-of-way areas are located at 50 North 5th Street (Municipal Building) and at 47 North 6th Street (Jack Elstro Plaza) as further described on the submitted documents attached to this Resolution; and WHEREAS, The City wishes to grant INDOT said temporary right-of-way construction easements as shown in the attached Exhibit A and Exhibit B. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of Richmond, Indiana, that said Board hereby approves of the grants of the temporary right-of- way construction easement areas outlined or contained in the documentation submitted by INDOT as designated in Exhibit A and Exhibit B to this Resolution. NOW, THEREFORE, BE IT ALSO RESOLVED by the Board of Public Works and Safety that David M. Snow as the Mayor of the City of Richmond, Indiana, shall be authorized to Page 1 of 2 execute the final drafts of the easement documents as previously examined by the Richmond Law Department and the Richmond Engineering Division, and all other appropriate documents as necessary in connection with the proposed easements. Passed and adopted this lthday of F atp f 2022, by the Board of Public Works & Safety. U Vicki Robinson, President 1ler, Mer • • Matt Evans, Member APPROVED: By: f,��aw _ , Mayor avid Sno Page 2 of 2 2 .�11D1AArq d ! !!!N!DEPARTMENT OF TRANSPORTATION - N ok rt,, �4 100 North Senate Avenue Eric Holcomb, Governor � .Op Tv Room N642 Joe McGuinness, Commissioner Indianapolis,Indiana 46204 TO City of Richmond,for the use and Date: December 14,2021 benefit of its Department of Redevelopment Attn: David M. Snow,Mayor 50 N. 5th St. PROJECT: 1702903 Richmond,IN 47374 CODE: 7325 • PARCEL: 7 ROAD: - US 40 COUNTY: Wayne Dear Mr. Snow: • It is the policy of the Indiana Department of Transportation, Real Estate Division, to accept for review any evidence of value submitted by the property owner for the purpose of determining fair market value. Any costs incurred from obtaining such evidence, however, is the responsibility of the owner. Acceptable forms of evidence of value include, but are not limited to, appraisals, comparable sales, and cost estimates. Evidence of value must be supported by factual data and items of damage must be fully documented. Submitted evidence based on these facts is acceptable for review. Sincerely, (Signature) Mark D.Tuggle,Land Agent Roadway Services,LLC P.O.Box 111 . New Palestine,IN 46163 Phone: 317-489-1140 Email: mark@aroadwayservices.net Agent of: The Indiana Department of Transportation • EXHIBIT A PAGE t OF IA 1 Owner's Appraisal Letter 'I::INDOT 0 Indiana REVISED 01/2017 Reza t§Zank AStata tbatW`rLs r`f srig 4 3 REAL ESTATE CLAIM-VOUCHER a1 `'= State Farm 9929(R1014-18) Approved by State Board of Accounts,2018 Voucher number Received date(month,day,year) 1 ,a,.0O Approved by Auditor of Stale,2018 INDIANA DEPARTMENT OF TRANSPORTATION VENDOR INFORMATION Name(s)of vendor Name(s)of vendor CITY OF RICHMOND FBO DEPARTMENT - Name(s)of vendor Names)of vendor OF REDEVELOPMENT Address(number and street,city,state,and ZIP code) 50 N.5TH ST.,RICHMOND,IN,47374 AGENCY INFORMATION Agency Name Agency Number Project number Code INDOT 800 800170290300ST3 7325 Parcel PeopleSoftvendor identification Vendor Location Description number 7 1702903 THIS SECTION TO BE COMPLETED BY THE AGENCY Fund Department Locality Invoice Date Amount 1099 Code (month,day,year) Gross Amount $1,000.00 INDOT ACCOUNTING LINE DISTRIBUTION Line Invoice Number Account Program Profile Activity Percentage Amount 01 20221746 02 • 03 04 CLAIMANTS Pursuant to the provisions and penalties of Indiana Code 5-11-10-1, I hereby certify that the foregoing account is just and correct, that the amount claimed is legally _due after allowing all Just credits,and that no part of the same has been paid.I also authorize payment to be made as Indicated above. Signature of claimant Printed name Date(month,day,year) David M.Snow,Mayor Signature of claimant Printed name Date(month,day,year) Signature of claimant Printed name Date(month,day,year) Signature of claimant Printed name Date(month,day,year) Payment Type-message LAND/IMPROVEMENTS&DAMAGES Signature of originator Printed name Date(month,day,year) • Mark D.Tuggle LIENHOLDER I hereby sign this claim voucher as lienholder and only certify to the extent of my interest therein and authorize payment to be made as Indicated above. Signature of lienholder Printed name Date(month,day,year) APPROVALS Instrument approved as to form,preliminary only.Excepting real estate description and subject to title update. Signature of Deputy Attorney General Printed name Date(month,day,year) Approved by the Indiana Department of Transportation Signature of Director Printed name Date(month,day,year) 'EXHIBIT 6 PAGE Z.Op 11 1 ; | � I � e Q I \rn I |k:/% d 1/ R--,--- • � �: / ,.��-,i_! [�m`2� }| ! i,`■ 11��.2 . ,: w,-- ,,�®-_ a . ! _ 2 /| ti [ \. Q ) ,,...4....d. R.0310 ! H §j; ! © u w |\' i s g�\� \ ' / |/ , | G ! \g 1 h \ !� ! |. I Li `ii . o =ƒ _��;.'_ -- E �� p I � � ��� . \ � '• 2 . », re -- . 1 ■ ;ems+ . � � � | • • ` ] _ 1 1 ! ] | I . ! ;: ; | .1dE . la= ! 1Ilk ! @ RCS \§)! /\!7 EEEm }. | |7 : A 1i1x1 44ID.{ 'EXHIBIT 0 PAGE LOFT| •d -4+0 INDIANA DEPARTMENT OF TRANSPORTATION ago ' I ��0 100 North Senate Avenue Eric Holcomb, Governor t>F Tgl+ Room N758 Joe McGuinness, Indianapolis,Indiana 46204 Commissioner UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER Date: December 14,2021 PROJECT: 1702903 CODE: 7325 PARCEL: 7 ROAD: US 40 COUNTY: Wayne Offer Delivery Method(Check one) In Person Certified Mail TO: City of Richmond,for the use and benefit of its Department of Redevelopment Attn: David M. Snow,Mayor 50 N. 5th Street Richmond,IN 47374 The State of Indiana, acting by and through the Indiana Department of Transportation is authorized by Indiana law to obtain your property or an easement across your property,for certain public purposes. The Indiana Department of Transportation needs an easement across your property for a public highway improvement known as US 40 and needs to take the easement as described on the attached legal description. It is our opinion that the fair market value of the easement we want to acquire from you is $1,000.00, and, therefore, the Indiana Department of Transportation offers you $1,000.00 for the above described easement. 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 after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required thirty (30) days after you have received your payment in full. EXHIBIT ti PAGE W OF 1( Uniform Offer r,MOOT 114,Next Level Rena .r.`......'�'. INDIANA REVISED 032019 _ • r • Page 2 Project: 1702903 Parcel: 7 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law,the Indiana Department of Transportation is required to make a good faith effort to purchase an easement across your property. 2. You do not have to accept this offer and the Indiana Department of Transportation 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 an easement across your property,the Indiana Department of Transportation has the right to file suit to condemn, and acquire the easement 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 Indiana Department of Transportation files a suit to condemn and acquire an easement across 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 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 condemned. 8. If the court appraisers' report is not accepted by either of us, then the Indiana Department of Transportation 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 Indiana Department of Transportation is legally entitled to immediate possession of the easement . 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 the final judgment awarded you 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. Uniform Offer REVISED 09/2019 1_1 1 j Page 3 Project: 1702903 Parcel: 7 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 fair market value of the property or easement. 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 the notice. 10. If you have any questions concerning this matter,you may contact us at: ATTN: Mark D.Tuggle, Land Agent Roadway Services,LLC P.O.Box 111 New Palestine, IN 46163 Phone: 317-489-1140 Email: mark@roadwayservices.net This offer was made to the owner(s): City of Richmond,for the use and benefit of its Department of of Wayne County,Indiana on (Date) Redevelopment of on (Date) of on (Date) of on (Date) BY: (Signature) Mark D.Tuggle,Land Agent (Printed Name and Title) Agent of: The Indiana Department of Transportation Uniform Offer REVISED 09/2019 1EXHIBIT 14 PAGE.. lj OFALA t 1 Page 4 Project: 1702903 Parcel: 7 If you decide to accept the offer of$1,000.00 made by the Indiana Department of Transportation, 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 I(We), City of Richmond,for the use and benefit of its Department of Redevelopment,GRANTOR(S), owner(s) of the above described property or interest in property,hereby accept the offer of$1,000.00 made by the Indiana Department of Transportation on this day of , City of Richmond,for the use and benefit of its Department of Original Offer $1,000.00 Redevelopment David M.Snow,Mayor Total Amount $1,000.00 NOTARY'S CERTIFICATE STATE OF: SS: COUNTY OF Subscribed and sworn to before me this day of Signature Printed Name My Commission expires I am a resident of County. • Uniform Offer REVISED 09/2019 d EXHIBIT tf.k. PAGE 1_OF I( • • • TEMPORARY HIGHWAY EASEMENT GRANT (GENERAL) Form T-3 Project: 1702903 Revised 05/2019 Code: 7325 • Parcel: 7 Page: 1 of 4 THIS INDENTURE WITNESSETH, That City of Richmond, for the use and benefit of its Department of Redevelopment,the Grantor(s)of Wayne County, State of Indiana Grant(s)to the STATE OF INDIANA,the Grantee, for and in consideration of the sum of One Thousand Dollars ($1,000.00) (of which said sum $0.00 represents land improvements acquired and$1,000.00 represents land temporarily encumbered and damages) and other valuable consideration,the receipt of which is hereby acknowledged, a temporary easement to enter upon and have possession of the Real Estate of the Grantor(s)for the purpose of construction, which said work is incidental to the construction of the highway facility known as US 40 and as Project 1702903, which said Real Estate situated in the County of Wayne, State of Indiana, and which is more particularly described in the legal description(s) attached hereto as Exhibit "A" which is incorporated herein by reference, which said temporary easement shall be extinguished, become void and revert to the Grantor(s) and/or the Grantor(s) successor(s) in title upon completion of the said Project. Said extinguishment shall be evidenced by a release document, which shall be executed and recorded by the Grantee,at no cost to the Grantor(s). Interests in land acquired by the Indiana Department of Transportation Grantee mailing address: 100 North Senate Avenue N601 RE Indianapolis,Indiana 46204-2219 I.C.8-23-7-31 • • Form T-3 Project: 1702903 Revised 05/2019 Code: 7325 Parcel: 7 Page: 2 of 4 The undersigned represents and warrants that he is the Mayor of the Grantor, that pursuant to resolution of the City Council he has full authority to manage the affairs of said City and sign and execute documents on its behalf and that said authority has not been revoked, and that he is, therefore, fully authorized and empowered to convey to the STATE OF INDIANA real estate of the City, and that on the date of execution of said conveyance instruments he had full authority to so act. Any and all timber, shrubbery, fences,buildings and any other improvements situated within the area of the temporary easement granted herein shall become the property of the State of Indiana except: None. The said Grantor(s) acknowledge(s)that all provisions of this grant of temporary easement are as stated and set forth herein and that no verbal agreements or promises exist with respect thereto. This temporary conveyance is subject to any and all easements, conditions and restrictions of record. However, the said Grantor(s), for the purpose of inducing the State of Indiana to accept this grant and to pay the hereinbefore referenced consideration, represent(s) that the Grantor(s) is the owner(s) in fee simple of the Real Estate and that there exist no encumbrances, conditions, restrictions, leases, liens (except current real estate taxes and assessments) of any kind or character which would be inconsistent with the temporary rights granted herein. • 1 EXHI 3 T A PAGE 61__OF f( a , Form T-3 Project: 1702903 Revised 05/2019 Code: 7325 Parcel: 7 Page: 3 of 4 IN WITNESS WHEREOF,the said Grantor(s)has executed this instrument this day of City of Richmond,for the use and benefit of its Department of Redevelopment (Seal) (Seal) Signature Signature David M.Snow,Mayor Printed Name Printed Name (Seal) (Seal) Signature Signature Printed Name Printed Name STATE OF: • SS: COUNTY OF Before me,a Notary Public in and for said State and County,personally appeared City of Richmond, for the use and benefit of its Department of Redevelopment, by David M. Snow, Mayor,the Grantor(s) in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be his voluntary act and deed and who,being duly sworn,stated that any representations contained therein are true. Witness my hand and Notarial Seal this day of Signature Printed Name My Commission expires I am a resident of County. AtA.t EXFIIBIT "A" Project: 1702903 Sheet 1 of 1 Parcel: 7 Temporary Right of Way for Construction Form: T-3 A part of Lot 48 in Jeremiah Cox Addition to the City of Richmond, Indiana, the plat of which is recorded in Plat Book 1, Pages 209-210, in the Office of the Recorder of Wayne County, Indiana, described as follows: Beginning at the northwest corner of said lot; thence North 89 degrees 48 minutes 44 seconds East(basis of bearing being the Location Control Route Survey Plat recorded as Instrument No. 2020003268 in said Recorder's Office) 16.65 feet along the north line of said lot; . thence South 0 degrees 11 minutes 16 seconds East 12.00 feet; thence South 89 degrees 48 minutes 44 seconds West 16.77 feet to the west line of said lot;thence North 0 degrees 23 minutes 27 seconds East 12.00 feet along said west lot line to the point of beginning and containing 201 square feet(0.005 acres),more or less. This description was prepared for the Indianan Department of Transportation, by Kurt M. Vonderheide, an Indiana Registered Land Surveyor, License Number LS20200082, on the 15th day of April,2021. No. ILS20200082s V. o*' • STATE OF • SUP v." gd4A-1# 061/144A“ EXHIBIT 14 PAGE 1 OF—1.1.. I. 6, o� INDIANA DEPARTMENT OF TRANSPORTATION 100 North Senate Avenue Eric Holcomb, Governor `o, A� Room N642 Joe McGuinness, Commissioner Indianapolis,Indiana 46204 TO The City of Richmond,Indiana Date: December 14,2021 Attn: David M. Snow,Mayor 50 N. 5th St. PROJECT: 1702903 • Richmond,IN 47374 CODE: 7325 PARCEL: 10 ROAD: US 40 COUNTY: Wayne Dear Mr. Snow: It is the policy of the Indiana Department of Transportation, Real Estate Division, to accept for review any evidence of value submitted by the property owner for the purpose.of determining fair market value. Any costs incurred from obtaining such evidence, however, is the responsibility of the owner. Acceptable forms of evidence of value include,but are not limited to, appraisals,comparable sales, and cost estimates. Evidence of value must be supported by factual data and items of damage must be fully documented. Submitted evidence based on these facts is acceptable for review. Sincerely, /frJiM4 (Signature) Mark D.Tuggle,Land Agent Roadway Services,LLC P.O.Box 111 New Palestine,IN 46163 Phone: 317-489-1140 Email: mark@roadwayservices.net • Agent of: The Indiana Department of Transportation 1EXHIBIT (3 PAGE.. OF 1( 1 Owner's Appraisal Letter .1 INDOT °Indiana REVISED 01/2017 ReaC givo, AsmcetmtWoae; 74, 1, REAL ESTATE CLAIM VOUCHER State Fond 9929(R10/4-18) Approved by State Board of Accounts,2018 Voucher number Received date(month,day,year) Approved by Auditor of State,2018 INDIANA DEPARTMENT OF TRANSPORTATION VENDOR INFORMATION Name(s)of vendor Name(s)of vendor THE CITY OF RICHMOND,INDIANA Name(s)of vendor Name(s)of vendor Address(number and street,city,state,and ZIP code) 50 N.5TH ST.,RICHMOND,IN,47374 AGENCY INFORMATION Agency Name Agency Number Project number Code INDOT 800 800170290300ST3 7325 Parcel PeopleSoft vendor identification Vendor Location Description number 10 1702903 THIS SECTION TO BE COMPLETED BY THE AGENCY Fund Department Locality Invoice Date Amount 1099 Code (month,day,year) Gross Amount $1,000.00 INDOT ACCOUNTING LINE DISTRIBUTION Line Invoice Number Account Program Profile Activity Percentage Amount 01 20221747 • 02 03 04 CLAIMANTS Pursuant to the provisions and penalties of Indiana Code 5-11-10-1, I hereby certify that the foregoing account Is just and correct, that the amount claimed is legally due after allowing all just credits,and that no part of the same has been paid.I also authorize payment to be made as indicated above. Signature of claimant Printed name Date(month,day,year) David M.Snow,Mayor Signature of claimant Printed name Date(month,day,year) Signature of claimant Printed name Date(month,day,year) Signature of claimant Printed name Date(month,day,year) Payment Type-message LAND/IMPROVEMENTS&DAMAGES Signature of originator Printed name Date(month,day,year) Mark D.Tuggle LIENHOLDER I hereby sign this claim voucher as lienholder and only certify to the extent of my interest therein and authorize payment to be made as indicated above. Signature of lienholder Printed name Date(month,day,year) APPROVALS Instrument approved as to form,preliminary only.Excepting real estate description and stibject to title update. Signature of Deputy Attorney General Printed name Date(month,day,year) Approved by the Indiana Department of Transportation Signature of Director Printed name Date(month,day,year) 1 EXHIBIT PAGE Z OF 1 7 . I cl en r- r 1 4e15 415 24.40E bsi 1 :1 lzr,.,12.v. n I - 0 1 C.) 1 tr i ' ?in ° I Ire:t*, lir ---;V::15S.4 11-iiii , 7,,;,:,: g Ei 004 at •.•9...7., .,°.•• a .. g 1 1 •,...• A& g I 1 I r! ,i 0 I I t 1 1 — I stit.r.to, r < g 3 t2. Pi fl ' 411s ,... .... . ',... t =g2 7.11 .1 _.Et . --, 0, a F 0 . ig re 't g i 1 1 I 1 11 • . • . , . 1 b T, ; a 4 * N 4 I. i I f%..1. i! [Egg g g 1, .re II i i Ei tin g I • i E XHIB1T ..-13-AaE175.-Pil—I 1----------" A, r INDIANA DEPARTMENT OF TRANSPORTATION �In . Nil gi 61 �a 100 North Senate Avenue Eric Holcomb, Governor 'o Room N758 Joe McGuinness, Indianapolis,Indiana 46204 Commissioner ' UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER Date: December 14,2021 PROJECT: 1702903 CODE: 7325 PARCEL: 10 ROAD: US 40 COUNTY: Wayne • Offer Delivery Method(Check one) In Person Certified Mail TO: The City of Richmond,Indiana Attn: David M. Snow, Mayor 50 N. 5th Street Richmond,IN 47374 The State of Indiana, acting by and through the Indiana Department of Transportation is authorized by Indiana law to obtain your property or an easement across your property,for certain public purposes. The Indiana Department of Transportation needs an easement across your property for a public highway improvement known as US 40 and needs to take the easement as described on the attached legal description. It is our opinion that the fair market value of the easement we want to acquire from you is$1,000.00, and, therefore, the Indiana Department of Transportation offers you $1,000.00 for the above described easement. 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 after signing the documents accepting this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required thirty (30) days after you have received your payment in full. - la aa�T g PAGE N OF 11 �i Uniform Offer i INDOT Next Level REVISED 03/2019 feu INDIANA r q Page 2 Project: 1702903 Parcel: 10 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law,the Indiana Department of Transportation is required to make a good faith effort to purchase an easement across your property. 2. You do not have to accept this offer and the Indiana Department of Transportation 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 an easement across your property,the Indiana Department of Transportation has the right to file suit to condemn, and acquire the easement 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 Indiana Department of Transportation files a suit to condemn and acquire an easement across 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 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 condemned. 8. If the court appraisers' report is not accepted by either of us, then the Indiana Department of Transportation 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 Indiana Department of Transportation is legally entitled to immediate possession of the easement . 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 the final judgment awarded you 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. Uniform Offer REVISED 09/2019 EXHIBIT 6 PAGE J' OFAL • Page 3 Project: 1702903 Parcel: 10 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 fair market value of the property or easement. 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 the notice. 10. If you have any questions concerning this matter,you may contact us at: ATTN:Mark D.Tuggle,Land Agent Roadway Services, LLC P.O.Box 111 New Palestine,1N 46163 Phone: 317-489-1140 Email: mark@roadwayservices.net This offer was made to the owner(s): The City of Richmond,Indiana of Wayne County,Indiana on (Date) of on (Date) of on (Date) of on (Date) BY: (Signature) Mark D.Tuggle,Land Agent (Printed Name and Title) Agent of: The Indiana Department of Transportation • Uniform Offer EXHIBIT PAGE to OF L( . REVISED 09/2019 Page 4 • Project: 1702903 Parcel: 10 If you decide to accept the offer of$1,000.00 made by the Indiana Department of Transportation,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 I (We), The City of Richmond, Indiana, GRANTOR(S), owner(s) of the above described property or interest in property, hereby accept the offer of $1,000.00 made by the Indiana Department of Transportation on this day of The City of Richmond,Indiana Original Offer $1,000.00 David M. Snow,Mayor Total Amount $1,000.00 NOTARY'S CERTIFICATE STATE OF: SS: COUNTY OF Subscribed and sworn to before me this day of Signature Printed Name My Commission expires I am a resident of County. Unifonn Offer REVISED 09/2019 EXHIBIT (J PAGE TEMPORARY HIGHWAY EASEMENT GRANT (GENERAL) Form T-3 Project: 1702903 Revised 05/2019 Code: 7325 Parcel: 10 Page: 1 of 4 THIS INDENTURE WITNESSETH,That The City of Richmond,Indiana,the Grantor(s)of Wayne County, State of Indiana Grant(s) to the STATE OF INDIANA, the Grantee, for and in consideration of the sum of One Thousand Dollars ($1,000.00) (of which said sum $0.00 represents land improvements acquired and $1,000.00 represents land temporarily encumbered and damages) and other valuable consideration, the receipt of which is hereby acknowledged, a temporary easement to enter upon and have possession of the Real Estate of the Grantor(s) for the purpose of construction, which said work is incidental to the construction of the highway facility known as US 40 and as Project 1702903, which said Real Estate situated in the County of Wayne, State of Indiana, and which is more particularly described in the legal description(s) attached hereto as Exhibit"A"which is incorporated herein by reference,which said temporary easement shall be extinguished,become void and revert to the Grantor(s) and/or the Grantor(s) successor(s) in title upon completion of the said Project. Said extinguishment shall be evidenced by a release document, which shall be executed and recorded by the Grantee, at no cost to the Grantor(s). Interests in land acquired by the Indiana Department of Transportation Grantee mailing address: 100 North Senate Avenue N601 RE Indianapolis,Indiana 46204-2219 I.C.8-23-7-31 PAGE_SOF !f�_. Form T-3 Project: 1702903 Revised 05/2019 Code: 7325 Parcel: 10 Page: 2 of 4 The undersigned represents and warrants that he is the Mayor of the Grantor, that pursuant to resolution of the City Council he has full authority to manage the affairs of said City and sign and execute documents on its behalf and that said authority has not been revoked, and that he is, therefore, fully authorized and empowered to convey to the STATE OF INDIANA real estate of the City, and that on the date of execution of said conveyance instruments he had full authority to so act. Any and all timber,shrubbery, fences,buildings and any other improvements situated within the area of the temporary easement granted herein shall become the property of the State of Indiana except: None. The said Grantor(s) acknowledges)that all provisions of this grant of temporary easement are as stated and set forth herein and that no verbal agreements or promises exist with respect thereto. This temporary conveyance is subject to any and all easements, conditions and restrictions of record. However, the said Grantor(s), for the purpose of inducing the State of Indiana to accept this grant and to pay the hereinbefore referenced consideration, represent(s) that the Grantor(s) is the owner(s) in fee simple of the Real Estate and that there exist no encumbrances, conditions, restrictions, leases, liens (except current real estate taxes and assessments) of any kind or character which would be inconsistent with the temporary rights granted herein. EXHIBIT PAGE a 9! .I,I • Form T-3 Project: 1702903 Revised 05/2019 Code: • 7325 Parcel: 10 Page: 3 of 4 IN WITNESS WHEREOF,the said Grantor(s)has executed this instrument this day of The City of Richmond,Indiana (Seal) (Seal) Signature Signature David M. Snow,Mayor Printed Name Printed Name (Seal) (Seal) Signature Signature Printed Name • Printed Name • STATE OF: SS: COUNTY OF • Before me,a Notary Public in and for said State and County,personally appeared The City of Richmond, Indiana, by David M. Snow, Mayor, the Grantor(s) in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be his voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. Witness my hand and Notarial Seal this day of Signature Printed Name My Commission expires I am a resident of County. !EXHIBIT C3 PAGE /0 OF �� . • • EXHIBIT"A" Project: 1702903 Sheet 1 of 1 Parcel: 10 Temporary Right of Way for Construction Form: T-3 A part of Lot 20 in Jeremiah Cox Addition to the City of Richmond, Indiana, the plat of which is recorded in Plat Book 1,Pages 209-210,in the Office of the Recorder of Wayne County,Indiana, described as follows: Beginning on the east line of said lot North 0 degrees 14 minutes 29 seconds West (basis of bearing being the Location Control Route Survey Plat recorded as Instrument No. 2020003268 in said Recorder's Office)136.04 feet from the southeast corner of said lot;thence North 89 degrees 21 minutes 58 seconds West 16.83 feet; thence North 0 degrees 38 minutes 02 seconds East 24.00 feet to the south boundary of North A Street(formerly known as Spring Street);thence South 89 degrees 21 minutes 58 seconds East 16.47 feet to the east line of said lot;thence South 0 • degrees 14 minutes 29 seconds East 24.00 feet along said east lot line to the point of beginning and containing 400 square feet(0.009 acres),more or less. This description was prepared for the Indianan Department of Transportation, by Kurt M. Vonderheide,an Indiana Registered Land Surveyor, License Number LS20200082, on the 22"d day of April,2021. No. • '4 LLS20200082j X STATE OF i • • giA-KtkAdeALA [XH BIT (3 PAGE_I_OF