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184749 04/27/2010 CITY OF CARMEL, INDIANA VENDOR: 364109 Page 1 of 1 ONE CIVIC SQUARE JOSHUA AND JANET FREEMAN CHECK AMOUNT: $105,000.00 CARMEL, INDIANA 46032 2100 WEST 106TH STREET CARMEL IN 46032 CHECK NUMBER: 184749 CHECK DATE: 4127/2010 DE PARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 R4460500 19795 105,000.00 RIGHT OF WAY As sociated i ht Wa y Seises 1��t�. TO: J' FROM: in RE: Project: West 106"' Street from Michigan Road to Ditch Road Parcel: 6 Owner: Joshua Freedman and Janet R. Freedman DATE: April 1, 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 eceipt of Offer Acceptance of Offer (original) ,/Warranty Deed (eigi�tal) CA ✓4-9 form (original) .JRelease of Part of Premises from Mortgage from Huntington Bank for Instrument No. 200400006940 (mil) C0r artial Mortgage Release from Bank of America, NA for Instrument No. 2004000019671-} CO Rip Both Huntington Bank requested a copy of the recorded release and provided a return envelope, which is enclosed. Title work dated April 20, 2009 no other mortgages. If you need additional information, please let me know. 1311 N. Arlington Ave., Suite 209 Indianapolis Indiana 46 (3 1 7) 322 -0489 22 -0589 Cr EL JAMES BRA- iNARD, MAYOR UNIFORM PROPERTY ACQUISITION OFFER DATE: September 14, 2009 Joshua freedman PROJECT: 106' Street from Michigan Road Janet R. Sharp Freedman to Ditch Road 2100 West I06` Street PARCEL: 6 Carmel, Indiana 46032 FEE SIMPLE PARTIAL 0.508 acres 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 Michigan Road to Ditch Road and needs to take the land as described on the attached land plat and legal description. See Exhibits A and Exhibits B. It is our opinion that the fain market value of the property we want to acquire from you is $105,000.00 and; therefore, we offer you $105,000.00 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, CARMIEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering @carmel.in.gov HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: I 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 owners, Joshua Freedman and Janet R. Sharp Freedman, of Hamilton County, Indiana, on the day of 2009. 13Y: Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by certified mail 7009 1410 0000 1949 0489 T a n n b 1 t� dr n d, +�d f .0 ?ar u P to arrari n t t� Pr.n l v a ne _lL vv a �s `�_tn__t__e. a am _d _S. a above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER We, Joshua Freedman and Janet R. Sharp- Freedman, landowners of the above described property or interest in property, hereby accept the offer of $105,000.00 made by the City of Carmel on this day of 2009. Joshua Freedman Janet R. Sharp- Freedman 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 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: Joshua Freedman Janet R. Sharp- Freedman DEED RECORD: Instrument Number 200000060452 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 00 -00- 015.000 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, Zone), along the south line of said quarter section, a distance of 829.70 feet to the southwesterly corner of Tract I as described in Instrument Number 200000060452 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 150.00 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 4I minutes 30 seconds West, along said south line, a distance of 150.00 feet to the point of beginning. Containing 0.172 acres (7,500 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 8651AC 1— 12 "Rule 12 R0INALD L. N0LAN DATE: April 24, 2009 Re_islered Lard Sun:ycr SO 439 ,\\0 SO 439: 5 -a- CF a /,ry /ll �lflli7ltllll7lll 1ll 1 of EXHIBIT "B" OWNER. FREEDMAN, JOSHUA JANET R. DEED RECORD 200000060452 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 03- 04- 015.000 N RIGHT OF WAY 0.172 ACRES (7,500 SQ. FT.)t 14 63 64 3 4 S.W. COR. S.W. OF S.E. COR. S.W. j OF SEC. 4-Ti 7N -R3E SEC. 4 -T17N -R3E (HARRISON MON FND. PER HSCO (HARRISON MON FND. PER HSCO REFS.) REFS.) RIGHT OF WAY FROM POINT TO PO[NT 1NG DISTANCE 63 139 (POBI N8941 30 E 829.70 139 POE 140 N00'18 30 W 50.00 1 141 '89 150.00 141 142 S00 30 E 50.00 142 139 POS 389'41'30 150.00 3 POINT NORTHING EASTING 63 1709765.639 177680.082 64 1709779.362 180342.015 139 1709769.504 178509.770 e 140 1709819.503 178509.501 141 1709820.310 178659.499 142 1709770.311 178659.768 9 100 0 SO 100 lm a I inch 100 3 cncc�com CURRErrrs�T�+a. CAS. JA P. I R.L.N. EKAWINGSCALE PART OF THE S.W. 114 SEC. 4 -T17N -R3E 2 4 oo� ASSOCIATES i arK PREPARED FOR: TSKM RMECT NUTAflEA n+. n. I'� THE CITY OF CARMEL, INDIANA L 107006 EXHIBIT "A" OWNER: Joshua Freedman Janet R. Sharp Freedman DEED RECORD: Instrument Number 200000060452 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 00 -00- 016.000 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 979.70 feet to the southwesterly comer of a tract 2 as described in Instrument Number 2000000.60452 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 292.90 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 292.90 feet to the point of beginning. Containing 0.336 acres (14,645 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 I —12 "Rule 12 RON I.D L. N DATE: April 24, 2009 Rezistered Lend Surveyor SO 439 l�ll�lllryfJllflllfi1�45V��V��� I of 2 EXHIBIT "B" OWNER: FREEDMAN. JOSHUA JANET R. SHARP- FREEDMAN DEED RECORD 200000060452 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 03 -04- 016.000 N RIGHT OF WAY 0.336 ACRES (14,645 SQ. 4 63 64 S.W. COR. S.W. OF S.E. COR. S.W. OF SEC. 4 -T17N -R3E SEC. 4 -T17N -R3E (HARRISON MON FND.. PER HCSO (HARRISON MON FND. PER HCSO REFS.) REFS.) 3 RIGHT OF WAY FROM POINT TO POINT BEARING DISTANCE 63 143 POB N8941 30 E 979.70 a 143 PQB n N001830 W 50.00 1 N89'4i 30 E 29290 145 500'18 30 E 50.00 s 146 14 589'41 30 W 29290 c POINT NORTHING FASTING 63 1709765.039 177680.082 64 1709779.362 09 7 .311 1 180342015 143 177078659.768 t00 o 50 100 144 1709820.310 178659.499 g 145 1709821.887 178952394 Is Run= 146 1709771.887 178952664 NFAWSM y 1 inch 100 fL avwn er o�ams �wvaawm e, f�JRxFNTSi1EETx0. CAS. J.IZP. R.LN. WESSLER EXHIBIT B DRAWING SCALE -K'� PART OF THE S.W. 114 SEC. 4 -T17N -R3E E 1 =100' ASSOCIATES PREPARED FOR. mrKa grs PRQECTNUNEER THE CITY OF CARMEL, INDIANA L 107006 o Complete items 1, 2, and 3. Also complete A. Signat�re item 4 if Restricted Delivery is desired. l „y�,., Agent Print your name and address; on the reverse f ❑Addressee so that we Can return the card to you. B. Received by( Printed Name) C .Date of Delivery Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address item 1? Yes 1. Article Addressed to: t; 5 If YES, enter delivery'address below�'�, No 3- Service Type Y Certified Mail Express Mail b Registered Return Receipt for Merchandise 0 Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7009 IH10 DODO 1949 0 (Transfer from service label) PS Form 381 February 2004 Domestic Return Receipt 102595 -02 -M -1540 If you decide to accept this offer of $105,000.00, 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 We, Joshua Freedman and Janet R. Sharp Freedman, landowners of the above described property or interest in property, hereby accept the offer of $105,000.00 made by the City of Carmel on this Z. day of 2009. Joshua Fre man l c Jane Sha -Fre! E NOTARY'S CERTIFICATE s? OFFICIAL SEAL STATE OF MICHELLE J. YOUNG NOTARYPUBLIC INDIANA 1 )SS' MARION COUNTY M r lam^ S L'TUN r 1 -11! Comm. EX ires 041° f" 2610 COUNTY OF R Y p' Subscribed and sworn to before me this 25 day of 1 5e 2009 My commission expires: AID ca 19.2010 County of residence: Signature Printed SEAL STATE OF /A1D i any A• MICHELLE J. YOUNG NOTARY PUBLIC INDIANA )SS: MARIot'CouNTY COUNTY OF 1 IAPI I >_TC�� My COMM. EXpires aur+l 1 .7a r� Subscribed and sworn to before me this 2 day of 91' 1 -I n'Elz 2009 My commission expires: AUC, County of residence: K%9.1 Signature 1CNELt.L j YOU/kjCy Printed Form w-9 Request for Taxpayer Give form to the (Rev. October 20071 I dentification Dumber 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 ca Business name, if different from above C 0 CL c Check appropriate box Individual /Sole proprietor Corporation Partnership Exam t r o Limited liability company. Enter the tax classification (D =disregarded entity, C= corporation, P= partnership) Li p payee o 2 Other (see instructions) L c Address (number, street, and apt. or suite no.) Requester's name and address (optional) i1 V 2100 inlZs� 0 A 5�, u City, state, and ZIP code CL W List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line o avoid backup withholding. For individuals, this is your social security number (SSN). However, for resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TO on page 3. or Nate. 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. 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. 1 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 I am no longer subject to backup withholding, and 3. 1 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 instructions on page 4. Sign signature of �f Here U.S. person 0 'yam r Date �S r General Instructs ns 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 otherwise noted. o An individual who is a U.S. citizen or U.S. resident alien, 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) a 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 you are not subject to backup withholding, or partnership conducting a trade or business in the United States, 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. s The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 10 -2007) DULY ENTERED FOR TAXATION Sub'ect to final acceptance for transfer y of 20 Proj ect 10 G Street irom Michigan Road �c Ditch Lk� a,utli[or ni Hamilton C��nt� Ro a d Par ccj Parcel 6 WARRANTY DEED "I INDENTURE WI`hNESSETH THAT JOShnaFreedrnan and Janet 1�. Sharp Freedman, husband and wife, convey and warrant to the City of Carmel, Indiana (the "Grantee for the sum of One Hundred Five Thousand and 00 /100 Dollars ($105,000.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the hollowing described real estate in Hamilton Couilty,'State of Indiana: Sec attached Exhibits A and Exhibits B, which are attached hereto and incorporated herein subject to any and all easements, agreements, restrictions and other matters orrecord. It is understood betweet 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 Igor right of way purposes, and that no reversionary rights whatsoever are untended to remain in the Grantor. IN WITNESS WHEREOF, Grantors has caused this Warranty Deed to be executed this Olay of 1 2009. 2010014169 WARR DEED $26.00 04/01/2010 02:36:17P 6 PGS Jennifer J Hayden GRANTORS: HAMILTON County Recorder IN 3 Recorded as Presented Joshua Frei�,drllan 1allt t. shaa•p- FreeCirll4ll �s NOTARY CERTIFICATION STATE OF INDIANA �S sFAr k V HELL L SS: T COUNTY NTY OF 1 _I, r MH�iGrdcoul�ry v� y m f Gomm. Lxp�res Before me the undersigned, a Notary Public in and for sa County and State, personally appeared Joshua Freedman, who acknowledged the execution of the 'foregoing Warranty Deed for and on behalfof such Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WI °I'NESS my hand and Notarial Seal this day of `�xn —r t "2009. My Commission Expires: AU Z-o County of Residence: Notary Signatu L [f Notary Printed Name STATE OF INDIANA �s CIAL f SS: i A4f �o un r�pifCSAtic 1 °j 2v =c;r Before me the undersigned, a Notary Public in and for Said County and State personally appeared Janet R. Sharp- Freedman, 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 airy hand and Notarial Seal this 25 day My Commission Expires: AD,- t9 Ztb r c) County of Residence: Notary Signature Notary Printed Name 'I'his 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, Carniel, IN 46032 After recording, return deed to: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, liuliana 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 s;r= rE, -t�•i EXHIBIT "A" OWNER: Joshua Freedman Janet R. Sharp- Freedman DEED RECORD: Instrument Number 2000DO060452 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 00- 00- 015.000 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 Fast (Indiana State Plane Coordinate System, East Zone), along the south line of said quarter section, a distance of 829.70 feet to the southwesterly comer of Tract 1 as described in Instrument Number 200000060452 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 150.00 feet to owners 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 150.00 feet to the point ofbeginning. Containing 0.172 acres (7,500 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 I 12 (`Rule 12 DATE: April 24, 2009 Re- isiared Land Sun_ er SO 4,19 ��:•..:s Tai "OC N0. SO 439 5 U 1 oft EXHIBIT "B" OWNER: FREEDMAN, JOSHUA JANET R. DEED RECORD 200000060452 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 03 -04- 015.000 N 1 RIGHT OF WAY 0.172 ACRES (7,500 SQ. FT.)± 14 63 64 rA 3 4 L, 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 HSCO (HARRISON MON FND. PER HSCO REFS.) REFS.) RIGHT OF WAY FROM PONTI TO POINT BEARING DESTANCE 63 139 POB N89'41 30 E 829.70' 139 POB 1 0 N00'18 30 W 50.00 140 141 N89'41 2p. 150.00 141 142 S0018 30 50.00 142 139 P09 589'41 30 W 150.00 POINT I NORTHING FASTING 63 7709765.039 177680.082 64 11709779.352 180342.015 e 139 170976 9.504 178509.770 140 1700619.503 178509.501 141 1709820.310 178659.449 142 1709770.311 078659.856 s y 100 o so 100 1 iucb 100 fL AMU D I AP WES �LER E XHIBIT B CURRErrsHErN0. CAS J.P-P. R.LN, PART OF THE S.W. 114 SEC. 4 -T17N -R3E ofl' ASSOCIATES F PREPARED FOR: mrr !1 THE CITY OF GARMEL, INDIANA L 107006 EXI-11 BIT "A" OWNER: Joshua Freedman Janet R. Sharp- Freedman DEED RECORD: Instrument Number 200000060452 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 00 -00- 016.000 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 979.70 feet to the southwesterly comer of a tract 2 as described in Instrument Number 200000060452 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 Nest, 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 292 "90 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 fine of said quarter section; thence South 89 degrees 41 minutes 30 seconds West, along said south line, a distance of 292.90 feet to the point of beginning- Containing 0.336 acres (14,645 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 flat of Route Survey, recorded April 24, 2009 as Instrument Numbcr 2009023606 in the Office of the Recorder of Hatni]ton County, Indiana {incorporated and made a part hereof by reference), comprise a route survey executed in accordance with Indiana Administrative Code 865 IAC I 12 ("Rule 12 7 [tON:? I.D I.. N01-AN DATE: April 24, 2009 I'.eeistered Lard Sun-t:vor SO 4 rt, y5 T l "�y� NO, SO 439 i of 2 EXHIBIT B" OWNER: FREEDMAN, JOSHUA JANET R. SHARP— FREEDMAN DEED RECORD 20DOOD060452 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04-- 03- 04- 016.ODO N 1 RIGHT OF WAY 0.336 ACRES (14,645 SO. FT.)t a 63 64 S.W. COR. S.W. OF S.E. COR. S.W. OF SEC. 4 —T17N —R3E SEC. 4 —T17N —R3E (HARRISON MON FND. PER HC5Q (HARRISON MON FND. PER HCSO REFS.) REFS.) RIGHT OF WAY FROM POINT TO POINT BEARING OISTANGE en 63 143 POB NB9 '41 30 E 979.70' 143 (PO�B 144 NOD 1 8'36"W 50.00 144 145 N89'41 30 E 292 90 145 146 5001 8 30 E 50.00 146 143 POB 589'4130'W 1 29290 POINT i NORTHING EASTING 1 146 170976 5.039 177680.082 1709779.362 180342.015 17,09770.311 178659.768 ioa o 50 loo 1709820.310 178659.499 1709821.887 178952.394 0 1709771 887 1 178952 .664 s 1 inch 100 ft. «a R E l— ESi T EXHIBIT 8 CAS. J.R.P. R.L.N. �J c LrER s MAINs PART OF THE S.W. 114 SEC. 4 -T17N -R3E Ac F 1�� -100' pc_o. u•�i�,An��: m�.cx., PREPARED FOR: r�,ti s�ces PROJECiNJ68ER THE CITY OF CARMEL., INDIANA 107006 RELEASE OF PART OF PREMISES FROM MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that THE HUNTINGTON NATIONAL BANK, a national banking association, for valuable consideration, the receipt of which is hereby acknowledged, does hereby release and discharge from the operation of the certain Open -End Mortgage "Mortgage executed by Joshua Freedman and Janet R. Sharp- Freedman, Husband and Wife, filed for record in Instrument 200400006940 in Hamilton County Records on the following described premises: SEE ATTACHED EXHIBIT "A" Provided, however, that this release shall not be construed to waive, or in any manner affect the lien on the Mortgage upon the residue of the real estate encumbered by the Mortgage, IN WITNESS WHEREOF, The Huntington National Bank has caused this instrument to be executed by its duly authorized officer this 10th day of November, 2009. THE HU NT INGTON NATIONAL BANK Name: 19ARBARA C SCFAmmirm ASSISTANT VICE PRESIDENT Title: STATE OF OHIO, COUNJ Y OF Franklin SS: The foregoing instrument was acknowledged before me this 10th day of November, 2009, by Barbara C. Schwinne, AVP of The Huntington National Bank, a national banking association, on behalf of the association. Mfr r /J'Notary Public PRy This instrument prepared by '0 \M I f1jQt� Huntington National Bank CkRLOSG.GELLQR,JR. 7575 Huntington Park Dr. =�y w Notary Public, State of Ohio Columbus, OH 43235 My Commission Expires July 6, 2014 Ln 5443190201279562 OF C EXHIBIT "A" HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04 -00- 00-015.000 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 829.70 feet to the southwesterly comer of Tract I as described in Instrument Number 200000060452 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGMING 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 sec -nds East, a distance of 150.00 feet to owner's easterly boundary; thence South 00 degrees 18 minutes 30 seconds East, along said easterly boundary, a distance of 50.00 feat to the south line of said quarter section; thence South 89 degrees 41 minutes 30 seconds West, along said south line, a distance of 150.00 feet to the point of beginning. Containing 0.172 acres (7,500 square feet), more or less. Subject to all legal highways, rights -of. ways, easements, and restrictions of retard. HAMILTON COUNTY PARCEL NO.: 32- 17 -13- 04-00- 00-016.000 Right Of Way. A part of the southwest quarter of Section 4, Township 17 North, Range 3 East in Ciay 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 979.70 feet to the southwesterly corner of a tract 2 as described in Instritment Number 200000060452 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 feed thence North 89 degrees 41 minutes 30 seconds East, a distance of 292.90 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 of292.90 feet to the point of beginning. Containing 0 -336 z_r-s (14,6 ^5 sq;tra•c feet), more or less. Subject to aii legal highways, rights -of- ways, easements, and restrictions of record. PARTIAL RELEASE OF MORTGAGE This is to certify that a certain mortgage executed by Joshua Freedman and Janet R. Sharp Freedman "Mortgagor to Batik of Arnerica, N. A. "Mortgagee recorded on January 9, 2004 as Instrument Number 200400001967 in the office of the Recorder of Hamilton County, Indiana is hereby partially released as to the following described real estate in Hamilton County, Indiana. See Attached Exhibits A and Exhibits B Said Mortgage remains in full force and effect as to the remainder of real estate therein described. In witness whereof, Batik of America, N. A. has caused this Partial Release of Mortgage to be signed this day of /Q.(:1't 1 2010. Bank �of N. A. BY. (Signature) /1 (Printed Name and "title) J STATE OF e,XCCt5 J COUN TY OF Before me, the undersigned, a Notary Public in "st "C anty and State, personally appeared Il e known to me to be the of ]lank of America N. A., and acknowledged the execution of the above Partial Release of Mortgage for and on behalf of Bank of America, N. A. itness my hand and Notarial Seal this day of Curc- t\ "?010. Notary Public (Signature) Notary Public (Printed) My Commission Expires i 1(� f My County of Residence is This instrument prepared by: Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Cannel, Indiana 46032 1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each and every Social Security number from this docurnent, unless it is required by lain. Douglas C. Haney 8314760 EXHIBIT "A" OWNER: Joshua Freedman Janet R. Freedman DEED RECORD: Instrument Number 200000060452 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04- 00 -00- 015.000 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 829.70 feet to the southwesterly corner of Tract 1 as described in Instrument Number 200000060452 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees I8 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 150.00 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 150.00 feet to the point of beginning. Containing 0.172 acres (7,500 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.'vOLAN DATE: April 24, 2009 Registered Land Sun ^�"cr SQ x+39 N0. f SO 439 1 of 2 EXHIBIT "A" CON'T'INUED OWNER: Joshua Freedman Janet R. Sharp- Freedman DEED RECORD: Instrument Number 200000060452 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 04 -00 -00 -016.000 Right Of Way A part of the south westiquarter 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 979.70 feet to the southwesterly corner of a tract 2 as described in Instrument Number 200000060452 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 292.90 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 4I minutes 30 seconds West, along said south, line, a distance of 292.90 feet to the point of beginning. Containing 0.336 acres (14,645 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 I 12 "Rule 12 RONALD L. NOLAN DATE: April 24, 2009 Re_istered Land Sunevor SO 4 39 SO 439 I of 2 i EXHIBIT R ®m OWWER: FREEDMAN, JOSHUA JANET R. DEED RECORD 200000060452 HAMILTON COUNTY PARCEL N0. 32- 17- 13- 04-- 03 -04- 015.000 N RIGHT OF WAY 0.172 ACRES (7,500 SO. FT.)± 1 4 63 64 3 4 S.W. COR. S.W. OF S.E. COR. S.W. OF SEC. 4 —T17N —R3E SEC. 4 —T7 7N —R3E (HARRISON MON FND. PER HSCO (HARRISON MON FND. PER HSCO REFS.) REFS.) RIGHT OF WAY FROM POIN TO POINT BEARING OISTANC 63 139 POB N89'4130 829. 0 139 POB 1 N00'1830 W 50.00 1 141 N89'41 30 E 150.00 141 142 S00'18 30 E 50.00 142 139 POB S89 "41 30 W 150.D0 3 a POINT NORTHING FASTING 63 1709765.039 1 680.082 64 1709779.362 180342 015 139 1709769.504 178509.770 140 1709819.503 176509.501 141 1709820.310 178659.499 142 1709770.311 1786 59.768 S t 100 0 50 100 4 c 1 inch 100 it wunn e. artmn ..warm �r Fcc ccT �j �ANIB9l B 'NRfaNT Ski= NC. CAS. J.P RLN. W.9_ SSLER DRAMNG Mk QQf PART OF THE S.W. iW SEC. 4 -T17N -R3E Cl>r SOC1 jk1 �,J r PREPARED FOR: mr,LLSH= PROJECT NUMBER THE CITY OF CARMEL, INDIANA 107006" EXH113I k "B" CONTINUED OMN R. FREEDMAN, JOSHUA JANET R. SHARP—FREEDMAN DEED RECORD 200000060452 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 04- 03- 04- 016.000 N RIGHT OF WAY 0.336 ACRES (14,645 50. FT.) 4 63 64 S.W. COR. S.W. OF S.E. COR, S.W. OF SEC. 4 —T17N —R SEC. 4 —T17N —R3E (HARRISON MON FND. PER HCSO (HARRISON MON FND. PER HCSO REFS.) REFS.) i RIGHT OF WAY FROM POINTI TO POINT B RING DISTANCE 63 143 POB h89'41 3D E 979J0 143 POS 1 N00 t8 0 W 50.00 1 145 N89'41 30 212-90 145 146 S00'18 E 50.00 146 143 P08 589 "41 W 29290 C POINT NORTHING ASTiNG 63 1709755.039 '77660.082 E641709779.362 180342.015 09770.311 178859J6 1 100 a 50 100 9820.310 1 8659.499 9821.887 178952.394 9771.88 178952664 1 inch 100 ft �j CJiiRENf SHEEP N0. g CAS. J.RP. R.L.Nn WES�LER �FI�B��B DNANNGSMi PART OF THE S.W. 1!A SEC. 4 -T17N -R3E f 1 =100' ASSOCIATES PREPARED FOR: m as MW�NUME 2 THE CITY OF CARMEL, INDIANA 107006 n Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER 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 Joshua and Janet Freeman Purchase Order No. '2100 West 106th Street Terms ;Carmel, IN 46032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) nla n/a ROW Acquisition 05,000.00 approved by Council Resolution CC- 07- 20 -09 -03 please send check to Engineering Department for p/u by, Crossroad Engineers 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 IN SUM OF 2100 West 106th Street Carmel, IN 46032 $105,000.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members Po #or INVOICE NO. ACCT /TITE_E AMOUNT DEPT. I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the n/a 2,00-R4460500 i o5,000.0o materials or services itemized thereon for I9�RS which charge is made were ordered and received except �cvJ a�C�no.�. a��Yoye� L+� CCvvc\l l?_e Cc -C;:�- Za-c r ��zCp 20 Signature Cost distribution ledger classification if Tltle claim paid motor vehicle highway fund