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186080 06/03/2010 CITY OF CARMEL, INDIANA VENDOR: T359691 Page 1 of 1 ONE CIVIC SQUARE CHASE HOME FINANCE LLC CHECK AMOUNT: $38,550.00 ie+�•io CARMEL, INDIANA 46032 4915 INDEPENDENCE PARKWAY TAMPA FL 33634 -7503 CHECK NUMBER: 186080 CHECK DATE: 613/2010 DEPARTMENT A CCOUNT P O NUMBER INVOICE NU MBER AMOUNT DESCRIPTION 2200 R4460500 17789 14,582.50 RIGHT OF WAY 2200 R4460500 19795 23,967.50 RIGHT OF WAY Associated R& ht-of- Way de vices, Inc. TO: Jill Newport FROM: Allen D. McFearin RE: Project: West 106`' Street from Michigan Road to Ditch. Road Parcel: 3 Owners: Giuliano CaCUM and Brenda M. Cacucci DATE: May 21, 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 Offer (original) Warranty Deed+ertgrtteti CodW W -9 form (original) UU Partial Release of Mortgage from JPMorgan Chase Bank, N.A. for Instrument No. 200500070928 4 Email from Matthew S. Love to Alah Townsend directing payment to Chase Home Finance, LLC Acknowledgement by landowners authorizing payment to C] ase Home Finance, The landowners declined to sign a right of entry. Title work dated April 22, 2009 listed no other mortgages. If you need additional information, please let me know. 1311 N Arlington Ave., Suite 209 Indianapolis Indiana 46219 (317) 322 -0489 FAX: (3171322 -0589 r CI s v EL JAImEs BRAINARD, MAYOR UNIFORM PROPERTY ACQUISITIION OFFER DATE: September 14, 2009 Giuliano Cacucci PROJECT: 106'' Street from Michigan Road Brenda M. Cacucci to Ditch Road 3300 West 106'' Street PARCEL: 3 Carmel, Indiana 46032 FEE SIMPLE PARTIAL 0.373 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 Exhibit A and Exhibit B. It is our opinion that the fair market value of the property we want to acquire from you is $38,550.00 and, therefore, we offer you $38,550.00 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 Iand. Possession will be required thirty (30) days after you have received your payment in full. DEPARTMENT of ENGINEERING ONE CIVIC SQUARE, CAIUMFL, IN 46032 OFFICE 317.571.2441 FAx 317.5712439 EMAIL engineering@carmel.in.gov 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. S. 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, Giuliano Cacucci and Brenda M. Cacucci, of Hamilton County, Indiana, on the day of 2009. J c BY: Allen D. McFearin Acquisition Specialist Agent, City of Carmel, Indiana Offer made by certified mail 7009 0820 0000 5086 2395 If you decide to accept this offer of $38,550.00, 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, Giuliano Cacucci and Brenda M. Cacucci, landowners of the above described property or interest in property, hereby accept the offer of $38,550.00 made by the City of Carmel on this day of 2009. Giuliano Cacucci Brenda M. Cacucci 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 3 2009 My commission expires: County of residence: Signature Printed EXHIBIT "A" OWNER: Cacucci, Giuliano Brenda M. DEED RECORD: Instrument No. 200400069059 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 05- 00- 00- 016.001 Right Of Way A part of the southwest quarter of Section 5, 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 02 minutes 49 seconds East (Indiana State Plane Coordinate System, East Zone), along the south line of.said quarter section, a distance of 1352.78 feet to the southwesterly corner of a tract of land as described in Instrument Number 200400069059 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees 02 minutes 38 seconds East, parallel to the west line of said quarter section and along the westerly boundary of said instrument, a distance of 50.00 feet; thence North 89 degrees 02 minutes 49 seconds East, a distance of 324.60 feet to owner's easterly boundary; thence South 00 degrees 02 minutes 38 seconds West, along said easterly boundary, a distance of 50.00 feet to the south line of said quarter section; thence South 89 degrees 02 minutes 49 seconds West, along said south line, a distance of 324.60 feet to the point of beginning. Containing 0.373 acres (16,228 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, 2049 as Instrument Number 2009423606 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 7 1.OtiA.LD L.NO.LAN DATE Apri124, 2409 Rct Land Surveyor SO X139 SO 439 >q'll /1Alil €ElllIlL loft EXHIBIT "B" OWNER: CACUCCI, GIULIANO BRENDA M. DEED RECORD INSTRUMENT NO. 200400069059 HAMILTON COUNTY PARCEL NO. 32- 17- 13-05- 00-00- 016.001 12 POINT I NORTHING t FASTING RIGHT OF WAY 56 1 1712337.451 1 172265.244 FROM POINT TO POINT BEARING =50.00 61 1709673.883 172263.199 61 109 P08 N89'02 49 E 62 1709718.964 174973.415 1O9 110 N00 02 38 E 109 1709696.384 173fi15.792 110 113 N89'02 49 W 110 1709746.384 173615.830 113 114 500 02 38 W 1709751.783 173940.385 114 109 POB 589 02 49 W 114 1709701.783 173940.347 N 70 0 60 10D 1 inch 100 ft- N.W. COR. OF S.W. SEC. 5 —T17N —R3E (P.K. NAIL FOUND PER HCSO REFS) RIGHT OF WAY 0.373 ACRES 110 (16,228 SO. FT.t) 13 e X 6 61 S.W. COR. S.W. OF 0 1 SEC. 5 —T17N —R3E S.E. COR. S.W. OF g (RRS FOUND PER HCSO SEC. 5 —T17N —R3E REFS) (RRS FOUND PER HCSO REFS) us.+wa er oart{p er MrwGVm ar CURAENTSNEETNO. HAK J.R.P. R.I_N. WESSLER H1131T13 e� PART OF THE S.W. 114 SEC. 5 -T17N -R3E 1 =100' ASSOIA''ES PREPARED FOP- TO PROIEUNULGEY n�. new i xnnoeR lR9ES[5 L THE CITY OF CARMEL, INDIANA 907006 o' EXHIBIT "B" OWNER: CACUCa. GIULIANO do BRENDA M. DEED RECORD INSTRUMENT NO. 200400069059 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- DO-00 016.001 12 111 POINT NORTHING EASnNG RIGHT OF WAY 56 1712337.451 772265.244 FROM POINT TO POINT BEARING DISTANCE 61 1709873.883 172263.199 61 109 POB N89 02 49 E 1352.7E 62 1709718.964 174973.415 109 110 N00 02 38 E 50.00 1p9 1709696.384 173615.792 110 113 NB9'p2 49 W 324.60 110 170974&.384 173615.830 113 134 S00 02 38 W SO.00 113 1709751.783 173940.385 114 109 POB 589'02 49 W 324.50 114 1709701.783 173940.347 N 7 G so ,w 1 in ch 100 it 56 N.W. COR. OF S.W. SEC. 5 -T17N -R3E (P.K. NAIL FOUND PER HCSO REFS) RIGHT OF WAY 0.373 ACRES 11a (16.228 S4. FT.f) 13 PN z 1 6 s1 S.W. COR. S.W. OF p SEC. 5 -T17N -R3E S.E. COR. S.W. i OF (RRS FOUND PER HCSO (RRS FOUND PER HCSO g REFS} REFS) EXHIBIT8 cu�xrsr+F£rNO. a H J.R A 2 K R.LN. yy ESS- LER uRa uF Wi z.. PART OF THE S-W. 114 SEC. 5 -T17N -R3E oo� R: ASS��A'TES PREPARED FO rorus�s s��n.w�iR x PRWECT NIIMSER THE CITY OF GARNIfiI., INDIANA 2 107006 D O o a s s a AM a Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X Agent N Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Re d by to me) C. Dat of D livery Attach this card to the back of the mailplece, d l or on the front if space permits. D. Is delivery address di Brent from item 17 W Y s 1. Article Addressed to: If YES, enter delivery address below: No �lL/ L /AA/ 0 Cf4<'JG<-; 3. Service Type C✓fy' l t� 3 L 0 Certified Mail Express Mail Registered Return Receipt for Merchandise Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service Iabe!) 7 0 820 0000 5086 2 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02-M -1540 If you decide to accept this offer of $38,550.00, 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, Giuliano Cacucci and Brenda M. Cacucci, landowners of the above- described propSyy or interest in property, hereby accept the offer of $38,550.00 made by the City of Carmel on this ay of 2010. Giuliano Cacucci______ Brenda M. Cacucci NOTAR. "CS CERTIFICATE r STATE OF I V .D R P► N )SS:�r COUNTY OF ,R I L---P Subscribed and sworn to before me this day of 2010 My commission expires: 0>6 C County of residence: /NSA Signature C Printed a STATE OF kJ ANA 4, f k' COUNTY OF )4 W 4 s 'T Subscribed and sworn to before me this day of 1 2010 My commission expires: County of residence: Signature C Printed ACKNOWLEDGEMENT We, Giuliano Cacucci and Brenda M. Cacucci, acknowledge that the $38,550.00, which are the proceeds of the sale to the City of Carmel, Indiana of the property described in Exhibit A, are to be applied to the balance of our mortgage with JPMorgan Chase Bank, N. A. and we authorize the City of Carmel to make that payment to Chase Home Finance, LLC. Giuliano acdcci Brenda M. Cacucci EXHIBIT "A" OWNER: Caeucci, Giuliano Brenda M. DEED RECORD: Instrument No. 200400069059 HAMILTON COUNTY PARCEL NO 32- 17- 13- 05- 00- •00- 016.001 Right Of Way A part of the southwest quarter of Section 5, 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 02 minutes 49 seconds East (Indiana State Plane Coordinate System, East Zone), along the south line of said quarter section, a distance of 1352.78 feet to the southwesterly corner of a tract of land as described in Instrument Number 200400069059 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees 02 minutes 38 seconds East, parallel to the west line of said quarter section and along the westerly boundary of said instrument, a distance of 50.00 feet; thence North 89 degrees 02 minutes 49 seconds East, a distance of 324.60 feet to owner's easterly boundary; thence South 00 degrees 02 minutes 38 seconds West, along said easterly boundary, a distance of 50.00 feet to the south line of said quarter section; thence South 89 degrees 02 minutes 49 seconds West, along said south line, a distance of 324.60 feet to the point of beginning. Containing 0.373 acres (16,228 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 -r`Cr f r RON.ALD L. NOLAN DATE: April 24, 2009 Rczis ercd Land Surveyor SO 439 \\`v`\\\\` 4 iii f IfI 4 177I� igi' //f P�_shk�p N0. q ror,^r-. :'y �����JtrrylllNittlpi14 1 of 2 Project: 1W"' Street from Michigan Road to Ditch Road Parcel 3 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Giuliano Cacucci and Brenda M. Cacucci, husband and wife, convey and warrant to the City of Carmel, Indiana (the "Grantee for the sum of Thirty -Eight Thousand Five Hundred Fifty and 0011.00 Dollars ($38,550.00) 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. IN WITNESS WHEREOF, Grantors has caused this Warranty Deed to be executed this LC' day of 2010. GRANTORS: Giuliano Cacucci Brenda M. Cacucci NOTARY CERTIFICATION STATE OF INDIANA SS: COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared Giuliano Caeucci, 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 Z day of 2010. f My Commission Expires: County of Residence:. Notary Signature Notary Printed Name STATE OF INDIANA SS: COUNTY OF MA/VI i I�J) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Brenda M. Cacucci, 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 day of I P 2010, r' My Commission Expires: County of Residence: Notary Signature Notary Printed Name This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic Square, Carmel, Indiana 46032 Send tax bills to: One Civic Square, Carmel, IN 46032 After recording, return deed to: Douglas C. Haney Carmel City Attorney, City Hall, One Civic Square Carmel, Indiana 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Douglas C. Haney 831464v1 EXHIBIT "A" OWNER: Cacucci. Giuliano Brenda tv1. DEED RECORD: Instrument No. 200400069059 HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 05- 00 -00- 016.001 Right Of Way A part of the southwest quarter of Section 5, 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 02 minutes 49 seconds East (Indiana State PIane Coordinate System, East Zone), along the south line of said quarter section, a distance of I352.78 feet to the southwesterly corner of a tract of land as described in Instrument Number 200400069059 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees 02 minutes 38 seconds East, parallel to the west line of said quarter section and along the westerly boundary of said instrument, a distance of 50.00 feet; thence North 89 degrees 02 minutes 49 seconds East a distance of 324.60 feet to owner's easterly boundary; thence South 00 degrees 02 minutes 38 seconds West, along said easterly boundary, a distance of 50.00 feet to the south line of said quarter section; thence South 89 degrees 02 minutes 49 seconds West, along said south line, a distance of 324.60 feet to the point of beginning. Containing 0.373 acres (16,228 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, 3009 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 I.AC 1 12 (`Rule 12 IJ J 3WNALD L. No[, N DATE: April 24, 2009 RccistYrcd 1-and sun. -,or so 4= f) \`\o nuu,ii3nrrnrrp SO 439 loft EXHIBIT "B" OWNER: CACUCCI, GIUUANO do BRENDA M. DEED RECORD INSTRUMENT NO. 200400059059 HAMILTON COUNTY PARCEL NO. 32- 17- 13-- 05- 00 —OD- 016.001 111 12 POINT I NORTHING EASTING RIGHT OF WAY 56 I 1712337.451 1 172265.244 IrR01A POINT TO POINT BEARING I DISTANCE 61 17p9fi73.883 172263.199 I 51 1 109 POB NBB9 2'49'E 1352.78 62 1 1709718.964 1 174973.415 109 1iD IN000238'EI 50.p0 I 309 17p9696. 3B4 I 173615J92 T3D 113 IN89'OZ 49 WI 324.6q 1 170 170974fi.384 173615.$30 1 113 1 114 ISg00238 WI 50.00 113 1709753.783 I 173940.345 114 1 104 POB 1SAM 49 W 324.60 '414 1709701.783 117394p.347 N 70 o w im 1 inch 100 M 56 N.W. COR. OF S.W. SEC. 5 —T17N —R3E z (P.K. NAIL FOUND PER HCSO REFS) RIGHT OF WAY 0.373 ACRES tto (16,228 SO. FT.t) 52 33 t s1 SOR. S.W. OF 0 —T77N R3E S.E. CDR. S.W. j OF (RRS FOUND PER HCSO SEC. 5 T17N R3E s REFS) (RRS FOUND PER HCSO REFS) R oa.v e� HAK J cx =uco� .or+ ren er 0UFRFE SN�N0. WES��LER ext�a�ir .RP. LN. PART OF THE S.W. 114 SEC. 5 -T17N -R3E Ih7AWNGSCALZ- So —I T� S 1 00 \J 1 1.H PREPARED FOR: RR0JECTNU6CER <�n•x �_m. fl THE CITY OF CARMEL, INDIANA L 107006 requester. Do not October 2007) IdentMeation Nu.mqber and Certificati011 send to the IRS. DapartmeM of the Tre,—) Name (i_� 51hown 0,11 your income lax �er.uin� Giuliano Cacucci to CheGk zippiopriate box' IL t i liability company- Ffitey the �ax payee Other (sep instructions) IN- i- Addrrl.rm (nuniher. streiat, ilind aQt. oi suite no.", Reqoasler'� naine and address (OPiOnO cL u 3300 West 106th Street Carmel, IN 46032 count nuriloer(s) here List ac Taxpayer IdentifiCation l4urriber (TIM Line 1 iomom Enter your TIN I() thc- appropriate nox. The TIN pfovided niost match til nam o0jen or backup withholding. For individuals, this is your Social SeCiLl ity nunit�er (SSN). Howevel al proprietor, disrega your employer Llentification numbe., �K�� ��n�^������°�:���n m«e/arwonv^oo� Note. If the is in more ihar, cne ilNroe iiil 4 f nuiOillines cri 1,01D`11 FE,;�pl.yelr idenitiri.ti.n number number to enter CaftifiCation undepenultieuwperjmn/oertity that: 1. The number shown cm this form ismr,vxe--;t aailuq for xnumber tooe issued mme and o an) not subjec to backup °itoxm�i^otwc?n,s: �,n)/um mom uavwv°xuhonugv'Vb)' have not ua*n notified uv the Internal Revenue o°~iceye» that /21x to backup .ww^ommua°^eauuu/a f /*report �.io interest ur dividends. o,(c) the IRS has notified m* that /^mnn lon subject mu^^kwvwithholding, and y. art uu-a- cmzen mot:n, pe�c, �Jm/=d /m/o.") Certification m5tr`*uvv, You .»uatomsxom/�mcau^��nmxa"avoeo�mnsuur the IRS tmmyou x�,v^e^uruu�etmback w/mxmxmn�zov�^ you �avef�/edm�po�aom/e'ruonumv.uondv»" y our mxr«..* For mu/wx�otm"uu�/no,'oemu does not u*wv. For mortgage /n/ u u �u�s°�u�mvm�e*.uunu*nununoform.o"�,.uuunns tuao/ouauvm�m '.mwn' arrangement �����1-,,n /,tprotu^xm` to sign 'he Certification, but you must pr ovide your ovrrec, TIN uee the 'nmm*'oruvn race sign signature of Here Llls- Person Section references are to the Internal Reverlije (�cde irfless 't An individual wh.D is a U.S. citizen or U.S. resident atien, otherwise noted. OD A, partnership. corporation, company, or association created or Purpose of Form in the I ln;�eo Staitas or Linder the laws of the United A person who is required to file ap, rlmnistinr ieturr �Mll ffie States, IRS must obtain your correct ta) lden6 nurol.jer J11 0 Art sMate (01her 1han a foreign estate), or to report, for exannple, income paid to YOU, iaiiii ei;i ii A damestic trust (as defined in Regulations section transactions, inorIgage interest �ou acxjuisiton or 301,7 701 abancloru of secured proI canceilaii-Jr, oi Gebt, or ;pr lor -partnerships. Partnerships that conduct a contributions you rriade to @F1 IRA. +racle or hi. in the Unitecl States are generally required to Use Form W-9 only if you are a U.S. Pa� a tax on any foreign partners' share of income resident al[ieri to provide your cairrec TAd t�) 1 �le I i-.)in such tuEriegs. Further. in certain cases where a Form W-9 requesting xux, requester) and, w/enopnxc*u,.'n! /`zrnmuna'/v^cjiveu.a partnership io required x` presume tha anaur�,�umr�nop��unan�par��r�n��o/�/ng�x� /.oum/yt:�mu TIN ro"a�g/"mn/yooneo/m'y'"�'* �r}`u�/o� if y ou ''wu» m«t/*avw`^o'ma wunmofor anumb toDe�:u«n/. n=,�Sx/n business m the United States, 2r Certify naltYOU a=nul sUI 1, b;nCkup°0hokilng- or to the Partnership to establish your U Claim F*/ front xhi*&ui` x uu a'mcl oopzm share cnpartnership exempt paro,.n applicable. you are also cem,v.rg'n,1fua `.n.orvlu U.S. person, y cu,aonuub/eshare c-. e,-,r fl'''T-� �v*u rorm W-9 to the partnership for nu.a. traueorbusiness is notxu�a�/ -s/ m pu��yv* mcmnbl/sh/nn its U.S, status and avoiding withholding foreign pam,ms' share oroffecv's-lr csnnects'-1 1171Cowo nn /'�u/mcume share of net income from the partnership Note. nomq^vsta, gives you '.Yo.c,ofi).,,oa`Fo conducting u trade o, business the Limited States /smthe reque your TIN, v-jumv*uar the mqvs,*,'"/om`no/» r,/o°on,�x�s. substantially u~«/u,«» thi P»," »«'o r^* u�� nwmrw e uisrpn,meu e^v* and not the entity, OSE WKNNEY Alan S. Townsend Jiwt -t Dial (317) EBB E �]�r NS r, ,x: �J �'I�l '9 I:- ��lnil A lo��nsend� >k ATTORNEYS AT LAW May 11, 2010 Allen Mcl~ earin Associated Right of Way Services 1311 N. Arlington Ave. Indianapolis IN 46219 Re. City of Carmel v. Giuliano Cacucci, et al. Cause No. 29DOI- 1002 -PL -143 Dear Allen: For your review and consideration, 1 am enclosing the original Partial Release of Mortgage executed by a duly authorized representative or PMorgan Chase Bank, N.A. If you have any questions, please do not hesitate to phone. Sincerely, Alan S. Townsend AST /acw Enclosure 1662107, 111 ,AMonument Circle, Suite 2700 1 Indianapolis, Indiana 46204 fvlain Telephone: 317- 684 -5000 Main Fax: 317 -684 -5173 WWW.hoselakv COn1 PARTIAL RELEASE OF MORTGAGE FOR VALUE RECEIVED, the undersigned, JP1VIorgau Chase Bank, N.A., hereby agrees and declares that a certain Mortgage (the "Mortgage from Giuliano Cacucci and Brenda M. Cacucci "Mortgagor to JPMorgan Chase Bank, N.A. "Lender dated October 17, 2005 and recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument No. 200500070928 on October 27, 2005 (together with any addendums, riders or modifications) is hereby released and satisfied solely as to the real estate described in the attached Exhibit A incorporated herein by reference (the "Released Real Estate JPMorgan Chase Bank, N.A. expressly acknowledges and agrees that (i) this Partial Release of Mortgage shall in no manner discharge the lien of the Mortgage (together with any addendums, riders or modifications) and such other listed documents from any of the real estate described therein except the Released Real Estate, and (ii) the real estate, other than the Released Real Estate, described in the Mortgage (together with any addendums, riders or modifications) shall rer;;ain pursuant to tl.e t s of the Mortgage (together with any addendums, riders or modifications) and such other documents as security for the payment of the indebtedness secured thereby and for the full performance of all covenants and obligations provided therein. JPMorgan Chase Bank, N.A. has caused this Partial Release of Mortgage to be executed this day of 1 2010. JPMORGAN SE BANK, N.A. r Printed: Title: STATE OF INi311 °1 5 SS: COUNTY OF vivo Before me, a Notary Public in and for said County and State, personally appeared by me known and by me known to be a of JPMorgan Chase Bank, N.A., who acknowledged the execution of the foregoing "Partial Release of Mortgage" for and on behalf of Said Le rider. WITNESS my hand and Notarial Seal this day of 2010. i CONSTANCE S. BRAUN NOTARYPItBUC Notary Public STATE OF OHIO COUNTY OF FRANKLIN r�.: r nr t' d• .�st1 Printed: O MY COMM, EXP My Commission Expires: M County of Residence: 6 -21 9 Lk'•;1ti4L1 /J This instrument was prepared by, and after recording return to: Alan S. Townsend, BOSE i'vIcKTNNEY EVANS LLY, 131 Monument Circle, Suite 2700, Indianapolis, Indiana 46204, 317 -684 -5000 1652505 EXHLBIT A OWNER: Cacucci, Giuliano Brenda M. DEEM RECORD: Instrument No. 200400069059 HAMILTON COUNTY PARCEL NO.: 32 -17 -13.05 -00-00 -016.001 Right Of Way A part ofthe southwest quarter of Section 5, Township 17 North, Range 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 02 minutes 49 seconds East (Indiana State Plane Coordinate System, East Zone), along the south line ofsaid quarter section, a distance of I352.78 feet to the southwesterly corner of a tract of land as described in Insti amen Number 200400069059 in the Office of the Recorder of Hamilton County, Indiana, and being the POINT OF BEGINNING of this description; thence North 00 degrees 02 minutes 38 seconds East, parallel to the west line of said quarter section and along the westerly boundary of said instru rent, a distance of 50.00 feet; thence North 89 degrees 02 minutes 49 seconds Ease, a distance of 324.60 feet to owner's easterly boundary; thence South 00 degrees 02 minutes 38 seconds West, along said easterly boundary, a distance of 50.00 feet to the south line of said quarter section; thence South 89 degrees 02 minutes 49 seconds West, along said south line, a distance of 324.60 feet to the point of beginning. Containing 0.373 acres (16,228 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 descrip6ori, 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 LAC I —12 "Rule 12'"); RO'N LD L. ;NJL A J DATE: April 24, 2009 Registered Land Surveyor So 439 No. cl Sra,c �'�aunuavtaa� �':'Pru;�, t Files r.rr�ca U C':u;ncf fpGdt �trcet t•:Aru• it ^_i� clicrbroniFa�mar15 OWNER: CACUCCI, GIULIANO BRENDA M. DEED RECORD INSTRUMENT NO. 200400069059 HAMILTON COUNTY PARCEL NO. 32- 17- 13- 05- 00- 00- 010.001 1t 12 B RIGHT OF WAY 8 199 IS 09 I a j POM N 8"2 09 09 09 11 1 F�l 110 0 46. 110 it 0 2 S W 25(4 b60 09 51. 49 ..24. N m o w loo I inch 100 M 56 N.W. CDR, OF S.W. SEC. 5 —T17N —R3E (P -K. NAIL FOUND PER HCSO REFS) RIGHT OF WAY 0.373 ACRES 11 (16.226 SO. FT.t) t Y p c S.W. GOR. S.W. OF 1 s \—SEC.:; —T17N —R3E S.E. CDR. S.W. OF (RRS FOUND PER HCSO SEC, 5 —T17N —R3E Rte) (RRS FOUND PER HCSO REFS) WES LER C�`�NO. VRAWM3XE Fi SK J. Y. R111 e� PART OF THE S.W. 114 SEC. 5 Tf 7h -R3E 1 2 "=l 00' PREPARED FOR tp,i(OQI. 107006 THE CITY OF CARV: M INDIANA z., Palle I of 2 Allen McFearin From: Townsend, Alan [atownsend @boselaw.com] Sent: Thursday, April 29, 2010 1:00 PM To: Allen McFearin Subject: FVV: Cacucci Here it is. Alan S. Townsend Bose McKinney Evans LLP E -mail: ATownsend Direct phone: 317- 684 -5225 www.boselaw. com From: Love, Matthew S. [mailto: MLOVE @feiwellhannoy.com] Sent: Thursday, April 29, 2010 9:44 AM To: Townsend, Alan Subject: RE: Cacucci Alan, My client has signed the partial release and mailed it. I should have it soon. My client has agreed with Mr. and Mrs. Cacucci to apply the entire $38,550 to the principal balance on the loan, so the check can be cut to Chase Home Finance, LLC. Do you have a standard agreement you would like Chase and the Cacuccis to sign? I will be out of the office tomorrow and Monday. ML Matthew Love Attorney at Law Feiwell Hannoy, P.C. G' 251 North Illinois Street Suite 1700 Indianapolis, IN 46204 Phone Number: (317) 237 -2727 Fax Number: (317) 237 -2853 MLOVE@Feiwellhannoy.com www. ferwellhannoy. com CONFIDENTIALITY NOTICE: This message is from MLOVE@a,feiwellhannoy.com at the law firm of Feiwell Hannay, P.C. This message and any attachments may contain legally privileged or confidential information, and are intended only for the individual or entity identified above as the addressee. If you are net the addressee, or if this message has been addressed to you in error, you are not authorized to read, copy, or distribute this message and any attachments, and we ask that you please delete this message and attachments (including at copies) and notify the sender by return e -mail or by telephone at (317) 237 -2727. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any gray to waive con61dentiality or a privilege. All personal messages express views only of the sender, which are not to be attributed to Feivrell Hannoy. P.G.. and may not be copied or distributed without this statement. Fi Ulli: tVwllSC]IU, Hldll LI11pIfW.ra LU V`711sCIIU'�UVJCICIW.C.UII I] 5 /18 /2CiG PaLc of r3 i Yrocda�i Anril 27 in1 n 1I n:` am, To: Love, Matthew S. Cc: Woods, Alexa Subject: Cacucci H i Matt: I just wanted to confirm the amount that Carmel is prepared to pay the Cacuccis. Carmel's offer is $38,550.00, and that is the amount that the Cacuccis have agreed to accept. Please let me know if you have any questions. Thanks, Alan ]BO Alan S. Townsend _J'tt i i- E -mail: ATownsend @hoseEaw.com 3 Direct phone: 317- 684 -5225 NS III" Direct fax: 317- 223 -0225 ti77vp_NE'e„ aT' ;,tastd m%w .boselaw_corn. Assistant Contact Angela C. Woodlee Asbestos Litigation Coordinator E- mail: AWcodlee @bos..el.a..w, -co-m_ Direct phone: 317 -684 -5370 Direct fax: 317 223 -0370 111 Monument Circle i Suite 2700 l Indianapolis, Indiana 46204 Main phone: 317-684-5000 i Main fax: 317 -684 -5173 his nnessage and any a tachirients may Contain egaally privileged or Confidential information, and are Intended only for the individual or entity Identliled 8bove as the addressee i; you are not the addressee, or it this message has been addressed to you in error, you are not authorized to read, COGy, Or d!Stribute 'his eSScge sl d an y at achments, and vow ask that ycii please delete this message and 2t is (including a!I copies) and notify the sender. Deiivey ofthis Message and any a"Uachrnents to any person ether than the intended recipient(s) is not intended in any way to waive confidentiality or a privilege_ Ali perSonal messages express views only of the individual sender, and may not be copied Gr distributed vwlthout this statement. �iloi' Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) 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 Chase Home Finance Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) nla n/a ROW Acquisition (Cacucci, Parcel 3) 38,550.00 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 Chasp HnmP Finance IN SUM OF $38,549.50 ON ION FOR ering I Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s) or bill(s) is (are) true and correct and that the 17789 n/a 22(0-R4460500 4,582 50 materials or services itemized thereon for 19795 22 0- R4460500 which charge is made were ordered and received except SoI�C V) off..- o ©3 20 Signature Cost distribution ledger classification if Title claim paid motor vehicle highway fund