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HomeMy WebLinkAbout181779 02/03/2010 CITY OF CARMEL, INDIANA VENDOR 363844 Page 1 of 1 L A i ONE CIVIC SQUARE 1800 106TH STREET PARTNERS AND CHECK AMOUNT: $96,500.00 Ll i CARMEL, INDIANA 46032 FIRST MERCHANTS BANK d0 OM ��1 9510 N MERIDIAN ST SUITE 200 CHECK NUMBER: 181779 '`i INDIANAPOLIS IN 46260 CHECK DATE: 2/3/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 R4460500 17789 96,500.00 RIGHT OF WAY Associated Right-of-Way Services Inc. TO: Jill Newport FROM: Allen D. McFearin L,J.e c t l a Q <I- RE Project: d Parcel: Owners: e C e e DATE: January 7, 2010 The above parcel is secured and ready for processing for payment as described in the enclosures. The following documents are enclosed: Uniform Property Acquisition Offer Receipt of Offer Acceptance of Administrative Settlement (original) Administrative Settlement Memorandum (on t h- Warranty Deed4er-iginal) Cory W -9 form (original) Partial Release of Mortgage (unrecorded copy) Correspondence from First Merchants Bank requesting a joint check made payable to First Merchants Bank and 1800 106 Street Partners, LLC Confirmation email from Mark Zukerman relating to the joint check 1g o n The original of the partial mortgage release will be provided prior to payment. Title work dated April 21, 2009 did not disclose any other mortgages. If you need additional information, please let me know. 1311 N. Arlington Ave.. Suite 209 Indianapolis. Indiana 46219 (317) 322 -0489 FAX: (317) 322 -0589 F 14: iw F tip =2 IWERNk. �•Y�L WO pap 111 F CITY 61 ARMEL JANIES BRAINARD, MAYOR UNIFORM PROPERTY ACQUISITION OFFER DATE: September 9, 2009 1800 106 Street Partners, LLC PROJECT: 106 Street from Ditch Road to c/o Jeff Cohen Michigan Road 210 East 91 Street PARCEL: 7 Indianapolis, IN 46240 FEE SIMPLE PARTIAL 0.416 acres 1800 106 Street Partners, LLC c/o Mark Zuckerman 210 East 91 Street Indianapolis, IN 46240 1800 106 Street Partners, LLC c/o Jeffrey A. Abram Dann Pecar Newman Kleiman One American Square Suite 2300 Indianapolis, 46282 The CITY OF CARMEL, INDIANA is authorized by Indiana law to obtain your land for certain public purposes. The City of Carmel needs your property for a public improvement. In this instance, the City of Carmel needs your land for the public improvement project on 106 Street from Ditch Road to Michigan Road and needs to take the land as described on the attached land plat and legal description. See Exhibit A and Exhibit B. It is our opinion that the fair market value of the property we want to acquire from you is $91,400.00 and, therefore, we offer you $91,400.00 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 after 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 ENGINEERING ONE CIVIC SQUARE, CARNIEL, IN 46032 OFFICE 317. 571.2441 FAX 317.571.2439 Et�1All, engineering @carnel.in.gov r" HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the City of Carmel 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, 1800 106 Street Partners, LLC, of Marion County, Indiana, on the day of 2009. BY: l' Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by certified mail 7009 1410 0000 1949 0762 (Cohen) 7009 1410 0000 1949 0786 (Zuckerman) 7009 1410 0000 1949 0779 (Abrams) J If you decide to accept this offer of $91,400.00, 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 1800 106 Street Partners, LLC, landowner of the above described property or interest in property, hereby accept the offer of $91,400.00 made by the City of Carmel on this day of 2009. BY Printed Title NOTARY'S CERTIFICATE STATE OF )SS: COUNTY OF Subscribed and sworn to before me this day of 2009 My commission expires: County of residence: Signature Printed EXHIBIT "A" OWNER: 1800 106`" Street Partners, LLC DEED RECORD: Instrument Number 2008016463 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 03- 04- 018.000 Right Of Way A part of the southwest quarter of Section 4, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, said part being more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 89 degrees 41 minutes 30 seconds East (Indiana State Plane Coordinate System, East Zone), along the south line of said quarter section, a distance of 1,272.60 feet to the southwesterly corner of a 1.87 acre tract as described in Instrument Number 2008016463 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees 18 minutes 30 seconds West, along the westerly boundary of said instrument, a distance of 50.00 feet; thence North 89 degrees 41 minutes 30 seconds East, a distance of 362.00 feet to owner's easterly boundary; thence South 00 degrees 18 minutes 30 seconds East,.along said easterly boundary, a distance of 50.00 feet to the south line of said quarter section; thence South 89 degrees 41 minutes 30 seconds West, along said south line, a distance of 362.00 feet to the point of beginning. Containing 0.416 acres (18,100 square feet), more or less. Subject to all legal highways, rights -of -ways, easements, and restrictions of record. SURVEYOR'S STATEMENT To the best of my knowledge, information, and belief, this plat and legal description, together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number 2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made a part hereof by reference), comprise a route survey executed in accordance with Indiana Administrative Code 865 IAC 1 12 "Rule 12 RONALD L. NOLAN DATE: April 24, 2009 Registered Land Surveyor SO 439 o: NO l SO 439 %/4 1 1iniIk1111 110 1 of 2 l i iii .'.Z,: iti I I EXHIBIT "B" OWNER: 1800 106TH STREET PARTNERS, LLC. DEED RECORD 2008016463 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 03 -04- 018.000 RIGHT OF WAY 0.416 ACRES (18,100 SQ. FT.)± S.W. COR. S.W. i OF S.E. COR. S.W. OF SEC. 4 —T17N —R3E SEC. 4 —T17N —R3E (HARRISON MON FND. PER (HARRISON MON FND. PER HSCO REFS.) HCSO REFS.) RIGHT OF WAY FROM POINT TO POINT BEARING DISTANCE 63 135 (P08) N89'41'30 E 1272.60' 135 (P00) 136 N0018'30'W, 50.00' 136 137 N89'41'30 "E 362.00' 137 138 S0018'30 "E 50.00' 138 135 (POB) 589'41'30`W 362.00' POINT NORTHING EAST1NG 63 1709765 °039 177680.082 64 1709779.362 180342.015 135 1709771.887 178952.664 136 1709821.887 178952.394 137 1709823 °835 179314.389 138 1709773.835 179314.658 8 8 100 0 50 100 finch= 100 ft DRAWN BY CNECREDHY APPROVED DT CURRENT SHEET NO C.A.S° J.R.P. R.L.N. WE ES SLER PART OF THE S.W EC. 4 -T17N -R3E DRAWING SCALE ASSOCIATES 1 "=iooi PREPARED FOR: TOTAL SHEETS PROJECT NUMBER u� woa�.. 2 107006 amp...`awA=RAS THE CITY OF CARMEL, INDIANA L SEND FOMPLrETE,TNIIS,SECTION 6 f e COMPLETE TH S CTIO ON DELIVERY Complete items 1, 2, and 3. Also complete A. Sig !y fl A item 4 if Restricted Delivery is desired. 1 Agent Ilit Print your name and address on the reverse ,ddressee so that we can return the card to you. B. pie eived t t Name) C. Date of Delivery Attach this card to the back of the mailpiece, V4�Ll 1-4 or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES, enter delivery address below: 0-No i3 /-/,q 2- ✓4 -a 3. Service Type //VD r oc�G i S ❑Certified Mail 0 Express Mail Registered Retum Receipt for Merchandise 4(4' 2 gr) Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7009 1410 0000 1949 0786 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595.02 -M -1540 $'(si:'X'r'.s }°'µ.'d1 'z'r 1Sai T,,, -¢Yi x. y ,q ^'tr i r a tx'ffi�`°x zi .r1 'zi x E S^t t ,1, E {DER T,COMPLETE, T,H'1S SECTION W 3 z r CO MPLErETHIS SI CTION ON SLIVERY II i Complete items 1, 2, and 3. Also complete A Sign.ture item 4 if Restricted Delivery is desired. J Agent Print your name and address on the reverse i L. km/ 1 al Addressee so that we can return the card to you. B. ceived b (Pri. -d N C. N Delivery Attach this card to the back of the mailpiece, OP 1 f or on the front if space permits. f'� rA D. s delivery address diffe rIf i rn_►tii f 1? i Y' 1f YES, enter deliver 1. Article Addressed to: y�e a' W I" ess be Q No e� 4 /tom /1 T ems' (a ✓��F/Crr� A. ,4 r...) f t D-4 Fecm r 1 K C c_ rea-i 3. Fe Type rtified Mail imiil �!V� 1(fZ (rte S t. �R gistered Retu ipt for Merchandise S la t r 21 c b Insured Mail C.O.D. 1 Ai 0 t A 6 L t S I c{ cA 2. y Z 4• Restricted Delivery? (Extra Fee) Yes 2. Article Number 7009 1410 0000 19 4 9 0779 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 94 1tt" SENDER COMPLETE THIIS 4 C OMPLETE +THIS SECTION ON DELIVERY v a r Y Is Complete items 1, 2, and 3. Also complete A. SIg `s item 4 if Restricted Delivery is desired. \i'<'U Agent Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by (Printed Name) ate Attach this card to the back of the mailpiece, 3 or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES, enter delivery address below: No /dCo ST/2c- r r C C� gq J j 3. Se ice Type rued Mail Express Mali PV f N/rl 1 L e /C V:.3 Regis Bred Retum Receipt for Merchandise 7 Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7009 1410 0000 1949 0762 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT 1800 106 Street Partners, LLC, landowner of the property or interest in property described in Exhibit A and Exhibit B, hereby accept the administrative settlement of $96,500.00 made by the City of Carmel on this 7 r5 day of J c,+) 2010. BY LU l�J Printed /J Title NOTARY'S CERTIFICATE STATE OF INS )SS: COUNTY OF Mv..,NJ Subscribed and sworn to before me this 7ft day of 3' v ti f 2010 My commission expires: b4.-' County of residence: (L Printed EXHIBIT "A" OWNER: 1800 106 Street Partners, LLC DEED RECORD: Instrument Number 2008016463 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 03- 04- 018.000 Right Of Way A part of the southwest quarter of Section 4, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, said part being more particularly described as follows: Commencing at the southwest comer of said quarter section; thence North 89 degrees 41 minutes 30 seconds East (Indiana State Plane Coordinate System, East Zone), along the south line of said quarter section, a distance of 1,272.60 feet to the southwesterly corner of a 1.87 acre tract as described in Instrument Number 2008016463 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees 18 minutes 30 seconds West, along the westerly boundary of said instrument, a distance of 50.00 feet; thence North 89 degrees 41 minutes 30 seconds East, a distance of 362-00 feet to owner's easterly boundary; thence South 00 degrees 18 minutes 30 seconds East, along said easterly boundary, a distance of 50.00 feet to the south line of said quarter section; thence South 89 degrees 41 minutes 30 seconds West, along said south line, a distance of 362.00 feet to the point of beginning. Containing 0.416 acres (18,100 square feet), more or less. Subject to all legal highways, rights -of -ways, easements, and restrictions of record. SURVEYOR'S STATEMENT To the best of my knowledge, information, and belief, this plat and legal description, together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number 2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made a part hereof by reference), comprise a route survey executed in accordance with Indiana Administrative Code 865 IAC 1 12 "Rule 12 RONALD L NOLAN DATE: April 24, 2009 Registered Land Surveyor SO 439 s, j) l3tItllf!lfflryr j '4,,rr //l iVQ. SO 439 STATE: c l of 2 EXHIBIT "B" OWNER: 1800 106TH STREET PARTNERS, LLC. DEED RECORD 2008016463 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 03 -04- 018.000 RIGHT OF WAY 0.416 ACRES (18,100 SQ. FT.)± CD S.W. COR. S.W. i OF S.E. COR. S.W. i OF SEC. 4 —T17N —R3E SEC. 4 --T17N —R3E (HARRISON MON FND. PER (HARRISON MON FND. PER HSCO REFS.) HCSO REFS.) RIGHT OF WAY FROM POINT TO POINT BEARING 1 DISTANCE 63 135 P08) N89'41'30 "E I 1272.60' 135 (P08) 1 1N0018'30 "W 50.00' 136 137 I N89'41'30 36200' 137 138 5001 8'30 E 50.00' 138 135 POB} 1 589'41'30'W 362.00' i POINT 63 17097651 039 177680 082 64 1709779.362 180342.015 135 1709771.887 178952.664 136 1709821.887 178952.394 137 1709823.835 179314.389 138 1709773.835 179314.658 0 8 /00 0 50 100 i inch 100 ft 8 ox.wx et cnccxEO s rrnr OVEp er EXHIBIT B aPRENf SHEET Fp. C.A.S. J.R.P. R.LN. WESLER ORAYENG SCALE '4 PART OF THE S.W. 114 SEC. 4 -T17N -R3E ASSOCI PREPARED FOR: TOTAL PROJECT NUMBER n. WessicA LI= 2 THE CITY OF CARMEL, INDIANA 107006 Project: 106 Street from Ditch Road to Michigan Road Parcel 7 WARRANTY DEED THIS INDENTURE WITNESSETH THAT 1800 106` Street Partners, LLC, an Indiana limited liability company, conveys and warrants to the City of Carmel, Indiana (the "Grantee for the sum of Ninety -six Thousand Five hundred and 00 /100 Dollars ($96,500.00) 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. 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) are 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. The undersigned person executing this warranty deed represents and certifies on behalf of the Grantor that (1) he is the ,L V(.77 d c of the Grantor; (ii) he has full authority to manage the affairs of the Grantor and sign and execute documents on behalf of the Grantor, including documents related to the conveyance of the real estate described herein; (iii) his authority has not been revoked; (iv) the Grantor is a limited liability company validly existing in the State of Indiana; (v) Grantor has full capacity to convey the real estate described herein; and (vi) all necessary action for the making of this conveyance has been duly taken. IN WITNESS Wl- IEREOF, Grantor has caused this Warranty Deed to be executed this 7 day of kiAgr 2010. GRANTOR BY r. Printed 1 /7"7' Title NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OF MA(2 0 1' Before me the undersigned, a Notary Public in and for said County and State, personally appeared TEFFRE 13 Co MAN/A of the 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 7 I day ofJa►+k...o 2010. My Commission Expires: c='1 J E: G County of Residence: MA o� G'� `7� �-�•c Notary Signature 4e_ cc-,-/ D. i c e z 1 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 1 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 s3HH64vI 2 EXHIBIT "A" OWNER: 1800 106 Street Partners, LLC DEED RECORD: instrument Number 2003016463 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 03 -04- 018.000 Right Of Way A part of the southwest quarter of Section 4, Township I7 North, Range 3 East in Clay Township, Hamilton County, Indiana, said part being more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 39 degrees 41 minutes 30 seconds East (Indiana State Plane Coordinate System, East Zone), along. the south line of said quarter section, a distance of 1,272.60 feet to the southwesterly corner of a 1.87 acre tract as described in Instrument Number 2003016463 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees 13 minutes 30 seconds West, along the westerly boundary of said instrument, a distance of 50.00 feet; thence North 89 degrees 41 minutes 30 seconds East, a distance of 362.00 feet to owner's easterly boundary; thence South 00 degrees 18 minutes 30 seconds East, along said easterly boundary, a distance of 50.00 feet to the south line of said quarter section; thence South 39 degrees 41 minutes 30 seconds West, along said south line, a distance of 362.00 feet to the point of beginning. Containing 0.416 acres (18,100 square feet), more or less. Subject to all legal highways, rights -of -ways, easements, and restrictions of record. SURVEYOR'S STATEMENT To the best of my knowledge, information, and belief, this plat and legal description, together with the Plat of Route Survey, recorded April 24, 2009 as Instrument Number 2009023606 in the Office of the Recorder of Hamilton County, Indiana (incorporated and made a part hereof by reference), comprise a route survey executed in accordance with Indiana Administrative Code 865 IAC 1 12 "Rule 12 RONALD L. NU1,AN Registered Land Sur :or SO: ,c; DATE: April 24, 2009 0011111 E1t111lrr0Ur •rl 'qy SO 439 /14v 111J1111!6Vt1410 I oft I i EXHIBIT "B" OWNER: 1800 106Th STREET PARTNERS, LLC. DEED RECORD 2008016463 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 03 -04- 018.000 RIGHT OF WAY 0.416 ACRES (18,100 SQ. FT.)± CIO L\_ S.W. COR. S.W. OF S.E. COR. S.W. OF SEC. 4 —T17N —R3E SEC. 4 —T17N —R3E (HARRISON MON FND. PER (HARRISON MON FND. PER HSCO REFS.) HCSO REFS.) RIGHT OF WAY FROM POINT{ TO POINT I BEARING I DISTANCE 63 135 P08) I N89'41'30 "E I 1272.60' 135 POB I 1..6 NGO18 30 W I 50.00' 1 6 I 137 1 N89'41 30 E I 36200' 137 I 138 150018'30"E 50.00' 138 1 135 (PC8 I S89'41 30 'W I 36200' POINT NORTHING EAST1NG 1 63 1709765.039 177680.082 64 1709 779.36 2 1803 42 015 135 1709771.887 1 178952.664 136 1709821.887 1 178952.394 137 1709823.835 I 179314.389 138 1709773.835 I 179314.658 1 100 0 50 100 r` INU.14-11111V31111L.V1Wi'.11■ 1 inch 100 ft oanwn sr cNSCacoer I umc,co o, EXHIBIT B CURRENT SHEET NO. a C.A.S. J.R.P. I R.L.N. VY ES' DPAWNG SCALE PART OF THE S.W. 114 SEC. 4 -T17N -R3E 2 1 =100' ASSOCIATES PREPARED FOR: TOT/1311=M PROJECT NUMEER •u�,m..r xc i 107006 THE CITY OF CARMEL, INDIANA L Form W-9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) N 1 TOO JO OH S tr se-1— ac-th 5 L- L r ro Business name, if different from above D 0 i Chec appropriate box: Individual/Sole proprietor Corporation Partnership Exempt El Limited liability company. Enter the tax classification (D= disregarded entity, C= corporation, P= partnership) payee o 2 Other (see instructions) P. c Address (number, street, and apt. or suite no.) Requester's name and address (optional) ii o qgle efrrdtQri e 2.0 m City, ate and ZIP code N f Ittic n oo t5 lh z! y List account number(s) here (optional) Mal rn Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 010 ;1 3 0 Rant ?Ili Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the on page 4. Sign Signature of 7/ 0 Here U.S. person Date General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless An individual who is a U.S, citizen or U.S. resident alien, otherwise noted. A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) An estate (other than a foreign estate), or to report, for example, income paid to you, real estate A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701-7)? abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W -9 only if you are a U.S. person (including a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9 requesting it (the requester) and, when applicable, to has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that are not sub to backup withholding, or partnership conducting a trade or business in the United States, Y you subject P g provide Form W -9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W -9. The U.S. owner of a disregarded entity and not the entity, Cat. No 10231X Form W -9 (Rev. 10 -2007) PARTLAL RELEASE OF MORTGAGE This certifies that a certain Real Estate Mortgage from 1800 106` Street Partners, LLC, to First Merchants Bank Central Indiana NA, in the amount of 8350,000.00 dated March 17, 2008 and recorded March 31, 2008 as Instrument No. 2008016464 in the Office of the Recorder of Hamilton County, Indiana is hereby released and satisfied as to the following described real estate in Hamilton County, Indiana, to -wit: See Exhibit "A" Said Mortgage shall remain in full force and effect as to the remainder of the real estate thereby mortgaged. In witness whereof, said mortgagee, by its duly authorized officer, has caused this instrument to be executed this i day of t .(1 20 c) Y r FIRST MERC ANTS BANK, 7A. A. f l BY ;lr Jeffrey J stanrVi c President STATE OF INDIANA, MARION COUNTY, SS: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jeffrey A. Jcx,.Assistant Vice President, of First Merchants Bank, N,A., and acknowledged the execution of said above partial release of mortgage for and on behalf of said First Merchants Bank, N.A. this o day of D(/',P,1 :y-1,, 20 O I li b bb e Kenline, otar Public ABBEY J. KENLINE y i :'t' Hamilton County Hamilton County Resident My Expires M Commission Expires August 16, 2015 s;; a u.d 16. 2075 This instrument prepared by First Merchants Bank, N.A. Jennifer Jo Qualls, Administrative Assistant Commercial Credit Special Assets EX I l RIT ".A' OWNER: IS111f 10ti'' Street Partners. 1.1.0 DEED RECORD: Instrument Number 201)801 64 63 IIA:M1IL7 Ef)UN 1• PARCEL NC 32- 17- 13- 04- 03.04 (18.000 Right Of Way A part of the southwest quarter of Section 4.Township 17 North, Range 3 East in Clay Township, I l nilton C'ounty. Indiana. said part heiw. more particularly described as lilllodes: Commencing al the southwest confer ofsaid gum ter section: thence North 89 degrees 41 minutes 3(1 seconds East (Indiana Slate Plane Coordinate System. least Lone). along the south line nl quarter section. a distance of 1 Ica to the southwesterly comer ofa 1.87 acre tract as described in Instrument Number 2008016463 in the Office (tithe Recorder ol 1 lamilton County. Indiana. and being the POINT OF BEGINNING of this description: thence North 00 degrees 18 ntintnes 311 Seconds West tif(1ng the westerly boundary ol'saki instrument, a distance nf50.00 feet: thence North 89 degrees 41 minutes 30 seconds East. a distance ot362.00 feel tO pWII:.: 'S easterly boundary: thence South 00 degrees 18 minutes 311 seconds least. along said easterly boundary. «distance of 50.110 Icet to the south line of said quarter section: thence South 89 degrees 41 minutcs30 seconds West. along said south line. a distance of 362.00 Icet to the point of beginning. Containing 11.416 acres (18.100 square feet). more or less. Subject to all legal highways. rights =nl -ways. easements. and restrictions of•record. SURVEYOR'S STATEMENT To the best of ms knowledge. inktrmation. and belief. this plat and legal description. loectltcr with the Plat of Route Survey. recorded April 24. 2009 as instrument Number 20091)23606 in the Office ot the Recorder or Ilamilton County. Indiana (incorporated and made a part hercol by reference). comprise a route survey csccuted in accordance with Indiana Administrative Code 865 [AC I 12 ("Rule I21 Dr\ 4 April 24, 2(10`) ::_�ic.�.I i :tad n ao. >ye SO 439 s:i \1 1of2 First Merchants Bank December 11, 2009 Mr. Allen D. McFearin Associated Right of Way Services, Inc. 1311 N. Arlington on Avenue Suite 209 Indianapolis, IN 46219 Dear Allen: Please use this letter as First Merchants Bank of Central Indiana, N.A.'s official acceptance of the 596.:00 offer for the purchase of the .416 acre section of the land owned by 1800 106 Street Partners and mortgaged to the bank. Please prepare a check in the amount of $96,500 and made payable to First Merchants Bank. of Central Indiana, N.A. and 1800 106 Street Partners as Joint payees. Please do not hesitate to contact me at 317 844 -2985 should you have any questions or concerns. Sir? rely, j 7 ll i Assista► lc President Special Assets Officer It E' f F II�-`.f ,11'1 ILV NI.F. i-A:V4:, N:AT1O;;,,! AY;oCl.',1 ;ON Allen McFearin From: Mark Zukerman ]mark ©mzadevelopment.com] Sent: Wednesday, January 06, 2010 10:50 AM To: 'Allen McFearin' Subject: RE: Instruction letter Yes it is fine .Mark A. Zukerman President Mark Zukerman Associates, Inc. 210 E. 91st Street Indianapolis, TN 46240 317 -573 -9301 Original Message From: Allen McFearin [mailto:amcfeari.n arows.biz] Sent: Monday, December 28, 2009 11:35 AM To: 'Mark Zukerman' Subject: FW: Instruction letter FYI This is the letter I received from Jeff Jex. Do you agree with it? Allen Original Message From: Jeff Jex mailto:jjex@firstmerchants.com] Sent: Friday, December 18, 2009 9:47 AM To: amcfearin @arows.biz Subject: Instruction letter Allen: Here is the instruction letter. Jeffrey A. Jex Assistant Vice President- Special Assets Officer First Merchants Corporation 10333 N. Meridian Street Suite 350 Indianapolis, IN 46290 Phone: (317) 844 -2752 Cell: (317) 518 -8014 Fax: (317) 844 -2985 email: jjex @firstmerchants.com 1 CROSSROAD ENGINEERS, P.C. 3417 Sherman Drive Beech Grove, IN 46107 1 Phone: 317- 780 -1555 CROSSROAD Fax: 317 -780 -6525 ENEIR EERS, pc LETTER OF TRANSMITTAL To: Lisa Kempa Date: 1/26/10 Carmel Water/Wastewater Utility Project: 106` Street West WE ARE SENDING YOU 1Q S "ae- dR x Attached Shop Prints Samples Specifications (.•2�� Drawings Copy of Change Order Letter Copies: Date: Description: 1/26/10 Payment Request Packet for Parcel 7 (1800 106 Street Partners) THEY ARE TRANSMITTED AS CHECKED BELOW: For Approval Approved as submitted Resubmit blueline sets w/binder X For your use Approved as noted Resubmit Xerox sets w /binder As requested Returned for corrections Return corrected prints For bids due 20 Lisa, Please prepare a check in the amount of 96,500 made payable to both First Merchants Bank and 800 106 Remarks: Street Partners. Please see the attached payment request packet for supporting documentation and feel free to call me with any questions regarding this. Contact m e when the check is ready and we'll have someone pick it up. Thanks very much! Signed m St.phanie J Wynder Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VQUC-HER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee 1800 106th St. Partners and Purchase Order No. First Merchants Bank Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) n/a n/a ROW Acquisition S96,500.00 approved by Council Resolution CC- 07- 20 -09 -03 please issue joint check for 1800 Partners and FMB please send check to Engineering Department for p/u by Crossroad Engineers $96,500.00 ;Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 1800 106th St. Partners and IN SUM OF First Merchants Bank $96,500.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members Po# rk INVOICE NO. ACCT #/TITLE AMOUNT hereby certify invoice( s), DEPT. I hereb certi that the attached invoices or bill(s) is (are) true and correct and that the nia 22i0- K4460500 b,5UU.UU materials or services itemized thereon for which charge is made were ordered and received except I'ow a- sV ova Pi Qteved Noy 2°- .90 '2-1 O 20 7/2 2:% Signature Cost distribution ledger classification if Title claim paid motor vehicle highway fund