HomeMy WebLinkAbout186587 06/09/2010 CITY OF CARMEL, INDIANA VENDOR: 364247 Page 1 of 1
s ONE CIVIC SQUARE EVELYN N DUNWOODY CHECK AMOUNT: $48,675.0{}
i` r4 CARMEL, INDIANA 46032 3740 WEST 106TH STREET
CARMEL IN 46032 CHECK NUMBER: 186587
CHECK DATE: 6115/2010
DE PARTMENT ACC PO NUMBER IN NUMBER AMOUNT DESCRIPTION
2200 R4460500 19795 48,675.00 RIGHT OF WAY
1
Associated Right o ay 'e ices, Inc.
TO: Jill Newport
FROM: Allen D. McFearin
RE: Project: West 106` Street from Michigan Road to Ditch Road
Parcel: 1
Owner: Evelyn N. Dunwoody
DATE: June 9, 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 (original)
Acceptance of Administrative Settlement (original)
Administrative Settlement Memorandum
Warranty Deed (ar ratX O Q1
W -9 form (original) UU
re o
May 25, 2010 letter from Fifth Third Bank
Partial Mortgage Release from Fifth Third Bank (copy)
June 7, 2010 letter from Huntington National Bank
Release of Part of Premises from Mortga C OrT
Fi 'L ird °B
ank r_ eq uires $13,325.00 of fhe p roceeds fo be a to the loan. Fifth
Third Bank will mail the original of the partial release to the City upon receipt of the
check.
Huntington National Bank did not request any of the proceeds. They do wish to receive a
recorded copy of the partial release. An envelope is enclosed.
The title work is dated August 26, 2009. The landowner stated that no other mortgages
exist.
If you need additional information, please let me know.
F.4X: I71 -0 89
1311 N. Arlington A Suite 209 Indianapolis Indiana 46 317 322 -0489
M
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JAMES BRAINARD, MAYOR
UNIFORM PROPERTY ACQUISITION OFFER
DATE: September 14, 2009
Evelyn N. Dunwoody PROJECT: 106' Street from Michigan Road
3740 West 106` Street to Ditch Road
Carmel, Indiana 46032 PARCEL: 1
FEE SIMPLE PARTIAL 0.2870 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
$54,750.00 and, therefore, we offer you $54,750.00 for the above described property. You have
thirty (30) days from this date to acceptor 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 fall.
DEPARTMENT of ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering @carmel.in.gov
i
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
1. By law, the City of Carmel is required to snake 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, Evelyn N. Dunwoody, of Hamilton County, Indiana., on the �`7' day
of rli/ l 2009.
G
BY:
Allen D. McFearin
Acquisition Specialist
Agent, City of Carmel, Indiana
Acknowle ent of Receipt of Offer
Evelyn. Ui Wo d y fi
Date:',-
ACCEPTANCE OF ADMINISTRATIVE SETTLEMENT
I, Evelyn N. Dunwoody, landowner of the property or interest in property described in
Exhibit A and Exhibit B, hereby accept the a nistrative settlement of $62,000.00 made
by the City of C el on this I day of 2010.
1\ 0
Evelyn N. Dun ody
NOTARY'S CERTIFICATE,
STATE OF 7 �a a
)SS:
COUNTY OF TWA
Subscribed and sworn to before me this day of 2010
My commission expires:
County of residence:
Printed
If you decide to accept this offer of $54,750.00, 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
1, Evelyn N. Dunwoody, landowner of the above described property or interest in property, hereby accept the
offer of $54,750.00 made by the City of Carmel on this day of 2009.
Evelyn N. Dunwoody
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: Evelyn N. Dunwoody
DEED RECORD: Book 353, Page 717
HAMILTON COUNTY PARCEL NO.: 32- 17- I3- 06- 00 -00- 027.000
Right Of Way
A part of the west half of the southeast quarter of Section 6, Township 17 North, Range 3
East in Clay Township, Hamilton County, Indiana, said part being more particularly
described as follows:
Commencing at.the southeast corner of said half quarter section; thence South 89 degrees
42 minutes 30 seconds West (Indiana State Plane Coordinate System, East Zone), along
the south line of said quarter section, a distance of 250.00 feet; thence North 00 degrees
16 minutes 40 seconds East, parallel to the east line of said half quarter section, a distance
of 50.00 feet; thence North 89 degrees 42 minutes 30 seconds East, a distance of 250.00
feet to the east line of said half quarter section; thence South 00 degrees 16 minutes 40
seconds West, along said east line, a distance of 50.00 feet to the point of beginning.
Containing 0.287 acres (12,499 square feet), more or less. Subject to aII legal highways,
rights -of -ways, casements, 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
�f Z
RONALD L. NOLAN
DATE: April 24, 2009 Reg'ist =d Lamt Surveyor SO 439
SO 439
5:F or
1 of 2
EXHIBIT "B"
OWNER: DUNWOODY, EVELYN N.
DEED RECORD BOOK 353, PAGE 717
HAMILTON COUNTY PARCEL NO. 32- 17- 13- 06- 00 -00- 027.000
N
RIGHT OF WAY POINT NORTHING EASTiNG
FROM POINT TO POINT BEARING DISTANCE 56 1712337.451 172265.244
103 POS 100 S89'42 30 W 250.00 60 1709660.338 169602 524
100 101 N0016 40 E 50.00 61 1709673.883 172253.199
101 102 N89'42 30 E 250.40 100 1709fi65.838 170682.869
102 103 POB S00'16 40 W 50.00 101 1709715.838 170683.112
102 1709717.110 170933.109
103 1709667.111 170931866
56
N.E. COR. OF S.E.
SEC. 6 —T17N —R3E
(PK NAIL FND. PER HSCO
REF'S)
RIGHT OF WAY
0.287 ACRES
3
101 (12,499 SQ. FT. 02
00 16�—T17N—�R3E
03
60
S. W. COR. S.E. OF
SEC. 6— T17N —R3EE
s (RRS FOUND 'PER HCSO S.E.
REFS) SEC.
(RRS FOUND PER
HCSO REF'S)
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17N —R3E
(NO MONUMENT FOUND;
e i inch =loo tt CALCULATED CORNER)
muwx er e�cxm m ,rvnavm m CURRNY
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1 =100' ASSOCIATES
PREPARED FOR: ivrkss
PROIECTNUAEER M 'u;W��
107006
CITY OF CARMEL, INDIANA
EXHIBIT "A"
OWNER: Evelyn N. Dunwoody
DEED RECORD: Book 353, Page 717
HAMILTON COUNTY PARCEL NO.: 32- 17- 13- 06- 00 -00- 027.000
Right Of Way
A part of the west half of the southeast quarter of Section 6, Township 17 North, Range 3
East in Clay Township, Hamilton County, Indiana, said part being more particularly
described as follows:
Commencing at the southeast comer of said half quarter section; thence South 89 degrees
42 minutes 30 seconds West (Indiana State Plane Coordinate System, East Zone), along
the south line of said quarter section, a distance of 250.00 feet; thence North OO degrees
16 minutes 40 seconds East, parallel to the cast line of said half quarter section, a distance
of 50.00 feet; thence North 89 degrees 42 minutes 30 seconds East, a distance of 250.00
feet to the east line of said half quarter section; thence South 00 degrees 16 minutes 40
seconds West, along said east line, a distance of 50.00 feet to the point of beginning.
Containing 0.287 acres (12,499 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
z
RONALD L. NOLAV
DATE: April 24, 2009 Register-ud Land Surveyor SO 439
I of 2
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EXHIBIT B
OWNER: DUNWOODY, EVELYN N.
DEED RECORD BOOK 353, PAGE 717
HAMILTON COUNTY PARCEL NO. 32- 17- 13- 06- 00 -00- 027.000
N
RIGHT OF WAY POINT j NORTHING EASTING
FROM POINT TO POiN7 BEARING DISTANCE 56 1712337.451 172265.244
103 POB 100 S89'42 30 W 250.00 fi0 170966Q.338 169602524
1 0 101 N00 16 40 E 50.00 67 1709673.883 172263.199
101 102 N89'42 30 E 250.00 100 1709665.838 170682869
103 POB SDO1640 W 50.00 701 1709715.638 170683.172
102
102 7709717.710 170933.109
103 1709667.111 170932866
56
N.E. COR. OF S.E.
SEC. 6 —T17N —R3E
(PK NAIL FND. PER HSCO
REF'S)
RIGHT OF WAY
0.287 ACRES
3
1a1 (12,499 SO. FT.f) 02
00 61
a
g 03
60
S.W. COR. S.E. OF
SEC. 6 —T17N —R3E
s (RRS FOUND PER HCSO S.E. COR. S.E OF
REFS) SEC. 6 —T17N —R3E
(RRS FOUND PER
HCSO REF'S)
70 0 70 100
bg 6 A w S.E. COR. W j S.E. I OF
SEC. 6 —Ti 7N —R3E
(NO MONUMENT FOUND:
p 1 inch I00 it CALCULATED CORNER)
a�� 1�V HIBIz No.
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PREPARED FOR'.
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PRQIECT NUNEEi M. n, wmi A Any NE
CITY OF CARMEL, INDIANA L
107006
l-{_ pEl i LLIJ p
CITY -0= l RMEL
JAMEs BRAINARD, MAYOR
ADMINISTRATIVE SETTLEMENT MEMORANDUM
To: Stephen C. Engelking
Director
Department of Administration
From: Allen D. McFearin
Associated Right of Way Services, Inc.
Re: Request for Administrative Settlement
Project: West 106` Street from Michigan Road to Ditch Road
Parcel: 1
Landowner: Evelyn N. Dunwoody
The City of Carmel made the Uniform Land Acquisition Offer to Evelyn N. Dunwoody
to acquire a portion of her property for the above project. The offer was made by in
person on September 14, 2009. The amount of the offer was $54,750.00 and was based
upon the appraisal performed by M. G. Gerdenich, II.
The landowner, who was not in favor of the project and also was not in favor of the
Hamilton County project, rejected the offer and after discussions presented her first
counter offer in the amount of $68,000.00 and some project design changes. This counter
offer was rejected by the City of Carmel. The landowner's second counter offer was for
$60,000.00 from Carmel and $10,000.00 from Hamilton County. The City rejected this
counter offer, however, in the interest of seeking a settlement, the City proposed an
administrative settlement of $62,000.00. The landowner rejected this proposal and made
her third counter offer, which was for $61,000.00 from the City and $17,000.00 from
Hamilton County. The City rejected the counter offer and proceeded to forward the
parcel for condemnation.
As a result of the condemnation effort, the landowner decided to accept the City's
proposed administrative settlement of $62,000.00. The landowner also will sign the
Right of Entry and will assist the City in acquiring the necessary partial mortgage
releases.
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441, FAX 317.571 -2439
EMAIL kweese@ci.carmel. in. Lis
In support of the administrative settlement we list the following:
First, were the condemnation case to proceed to the valuation stage, the landowner could
introduce her own appraisals with higher land values. The landowner is a realtor has a
familiarity with property values. This carries the possibility that the eventual award may
be higher than the amount of the administrative settlement.
Secondly, should the City proceed in the condemnation case, at a minimum the City will
incur the costs for the court appointed appraisers and attorney fees, which costs would
exceed the amount of the administrative settlement.
Lastly, accepting the administrative settlement would bring a present resolution to the
question of the fair market value of the property rather than having that determination
made at a later point in the condemnation process and the City would obtain a right of
entry at this time.
Assuming all other legal review and approvals are approved, it is our recommendation
that the City of Carmel approve the terms of the above described administrative
settlement.
This recommendation is approved.
tephen C. Engelk' g
Director
Street from
Project: 106
Michigan Road to Ditch
Road
Parcel 1
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT Evelyn N. Dunwoody, conveys and warrants to the City of
Carmel, Indiana (the "Grantee'), for the sun? of Sixty -two Thousand and 00/1.00 Dollars ($62,000.00) 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 (the "Real Estate
subiect to any and all easements, agreements, restrictions and other platters of record.
Grantor shall be responsible for the payment ofall real estate taxes now outstanding against or which otherwise
become due and payable for the Real Estate through and including the installment of real estate taxes due and
payable through the May 10, 2011 installment.
It is understood between the parties hereto, and their successors in title, and made a covenant .herein which shall
run with the land, that the Real Estate (excepting any parcels or portions thereof that are specifically and
expressly designated as easements or temporary rights of way) is 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.
�"D
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this- day of
2410.
GRANTOR:
Q- 7�Z/n C�
Evelyn N. unwoo y
EXHIBIT "A"
OWNER: Evelyn N. Dumvoody
DEED RECORD: Book 353, Page 717
HAiIMILTON COUNTY PARCEL NO.: 32- 17- 13- 06- 00 -00- 027.000
Right Of Way
A part of the west half of the southeast quarter of Section 6, Township 17 North, Range 3
East in Clay Township, Hamilton County, Indiana, said part being more particularly
described as follows:
Commencing at the southeast corner of said half quarter section; thence South 89 degrees
42 minutes 30 seconds West (Indiana State Plane Coordinate System, East Zone), along
the south line of said quarter section, a distance of 250.00 feet; thence North 00 degrees
16 minutes 40 seconds East, parallel to the east line of said half quarter section, a distance
of 50.00 feet; thence North 89 degrees 42 minutes 30 seconds East, a distance of 250.00
feet to the east line of said half quarter section; thence South 00 degrees 16 minutes 40
seconds West, along said east line, a distance of 50.00 feet to the point of beginning.
Containing 0.287 acres (12,499 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,
to-ether 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
RONAI;D L. NC ?LAN
DATE: April 2d, 2009 Re �lsttred Lang` Survcv"Y SO 439
11>I /i /ii
N4.
SO 439:
67
n ��nl/rrrnriurus +�a�
1 of 2
EXHIBIT "B"
OWNER: DUNWOODY, EVELYN N.
DEED RECORD BOOK 353, PAGE 717
HAMILTON COUNTY PARCEL NO. 32- 17- 13- 06- 00 -00- 027.000
RIGHT OF WAY POINT NORTHING EASTING N
FROM POINT TO POINT BEARING DISTANCE 56 1712337.451_ 172265.244
103 P013 I 100 S89'42 30 W 250.00' 60 1709660.338 169602.524
1 0 1 1 N001 6 40 E 50.00 61 1709673.883 1 172263.199
101 102 N$9'42 30 E 250.00 100 1709665.838 170682.869
102 103 L OB) S00'16 40 W 50.00 101 1709715.838 1 170683.112
102 1709717.110 170933.109
103 1709667.111 1 17093 2.86 6
56
N.E_ COR. OF S.E. i
SEC. 6 —T17N— R3E
(PK NAIL FND. PER HSCO
REF'S)
RIGHT OF WAY
0.287 ACRES
101 (12,499 SQ. FT.f) 02
1ao sr
03
60
S.W. COR. S.E. OF
SEC. 6 —T17N —R3E
a (ftRS FOUND PER HCSO S.E. COR. S.E OF
s REFS) SEC. 6 —T17N —R3E
(RRS FOUND PER
HCSO REF'S)
70 o as too
g ON li S.E. COR. W j S.E. I OF
SEC. 6 —T17N —R3E
1 inch 100 ft (NO MONUMENT FOUND;
CALCULATED CORNER)
3 onnwn Br
FX
r�ccneo er u W IHIBIT B CURRENTSHEETNO.
HAK. J.R.P. w?uwt R.L.N. ES.SLER 77
E DRAWINGSCAL2 PART OF THE S.E. 1/4 SEC. 6 -T17N -R3E
2
oo' ASSOCIATES
PREPARED FOR: oTKSti E s
PROJECTNU66EA M1 CITY OF CARMEL, INDIANA
107006 "F
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)
Evelyn N. Dunwoody
M Business name, if different from above
0_
c
0
o c Check appropriate box: Individual /Sole proprietor Corporation Partnership Exempt
o p
y Limited liability company. Enter the tax classification (D-disregarded entity, C= corporation, P =partnership) payee
o i Other (see instructions)
in Address (number, street, and apt, or suite no.) Requester's name and address (optional)
a o 3740 West 106th Street
V City, state, and Z(P code
rn Carmel, IN 46032
Q) List account, number(s) here (optional)
U)
Tax payer 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 (EiN). It you do not have a number, see'How to get a TIN on page 3. o
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.
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 i tions on e 4.
Sign Signature o n
Here U.S. person Z� t n 49014 Date Q
General Instructions D ddered ition of a U.S. person. For federal tax purposes, you are
c a U.S. person if you are:
Section references are to the Internal Revenue Code unless
otherwise noted. s An individual who is a U.S. citizen or U.S. resident alien,
A partnership, corporation, company, or association created or
P urpose 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) o An estate (other than a foreign estate), or
to report, for example, income paid to you, real estate 0 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
contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a
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. o The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W -9 (Rev. 10 -2007)
05126/2010 07:18 5133520103 LEGAL PAGE 01/04
'RIF H T14 IR.D 13ANK
May 25, 2010
Douglas C. Raney
Carmel City Attorney
City Hall
One Civic Square
Carmel, Indiana 456032
MIL #403683980
Releasing: ,287 Acres
Evelyn N. Dunwoody
Property: same as above
Spectrum i !iortgage Services, LLC has a Mortgage on the referenced property dated April 11, 00 iand
recorded on August 22, 2007 as instrument Number 2007047980, in the office of the Recordo -of
Hamilton County, Indiana, said Mortgage being Assigned by certain Assignment of Mortgage tr Fifth Third
Mortgage Company dated April 11, 2007 and recorded on August 22, 2007 as instrument Nuns er
20077047981,Idamilton County, State of Indiana for the original amount of $223,000.00. It is he intention
of Fifth Third Mortgage Company to release from the lien and operation of that Mortgage the
flowing real
estate described in Exhibit A.
RELEASING: 0.287 ACRFS_(ST�E "�Xk17BIT_A�.AT_T,ACT�ED)_1
RELEASE PRICE:
There is a pay -down in the amount Of 513,325.00 required to release said property, There is rn DDs
partial release was prepared by Attorney. Please remit to the attention of Rita. Autori at the a
WOW.
The original partial teleam will be mailed upon receipt of the $13,325.00, to Carmel City Atte ncy, Douglas
C. Haney for recording.
bird Mortgage Co
once F trick Bern d
l /Mortgag egal Support
D 1 M C2P
050 ICii gsJ rive
Cincinnati OH 45263
I Pod
Huntington
Banking. Investments. Insurance.
1- 1untington National Bank
Consumer Document Preparation Department
7575 Huntington Park Dr.
Columbus, OH 43235
June 7, 2010
Allen McFearin
Associated Right -of -Way Services, Inc.
131 1 N. Arlington Ave, Ste 209
Indianapolis, IN 46219
RL: Partial Release Request for Dunwoody
Dear Mr. McFearin,
Enclosed are the partial releases as requested for the above referenced client. These
documents will need to be recorded with the appropriate county recorder.
If you have any questions, please do not hesitate to call me at 614- 418 -2047.
Sincer V,
Howard Honaker
Underwriter
Consumer Doc. Prep.
Enclosures
r
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 Evelyn N. Dunwoody, filed for
record in Volume 02 -32728 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 7 day of
w 2010.
THE HUNTINGTIN NATION ANK
By:%�
Name:
Title:
STATE OF OHIO,
COUNTY OF ��,,�lc I; SS:
.—The foregoing instrument was acknowledged before me this '7 day of
2010, by ;11 V%" �Ct r� of
The Huntington National Bank, a national banking association, on behalf of the
association.
Notary Public
This instrument prepared by: o MARTHA L. HE
Huntington National Bank Aq Notary Public, state atOhio
7575 Huntington Park Dr. r```'0: ycommiss ionExpires ci f
Columbus, OH 43235 2613
Ln 5443190201137653
I'
EXHIBIT "A"
A part of the west half of the southeast quarter of SC.-[ion 6, Township 17 North, Range 3
East in Clay Township, Hamilton County, Indiana, said part being more particularly
described as follows:
Commencing at the southeast corner of said half quarter section; thence South 89 de_rees
42 minutes 30 seconds West (Indiana Statr Plane Coordinate System, East Zone), along
the south line of said quarter section, a distance of 250.00 feet; thence North 00 degrees
16 minutes 40 seconds East, parallel to the east Iine of said half quarter section, a distance
of 50.00 feet; thence North 89 degrees 42 minutes 30 seconds East, a distance of 250.00
f et to the east line of said half quarter section; thence South 00 decrees 16 minutes 40
seconds West, along said east line, a distance of 50.00 feet to the point of beginning.
Containing 0.287 acres (12,499 square feet), more or less. Subject to all legal highways.
rights -of -ways, easements, and restrictions of record
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
Evelyn N Dunwoody
Purchase Order No.
3740 West 106th St
Terms
Carmel, IN 46032
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
n/a nra ROW Acquisition (Dunwoody Parcel) 48,675.00
approved by Council Resolution CC- 07- 20 -09 -03
please send check to Engineering Department for p/u
by erassroad 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
Evelyn N D Woody IN SUM OF
3740 West 106th St
Carmel, IN 46032
$48,675.00
ON ACCOUNT OF APPROPRIATION FOR
Department of Engineering
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
materials or services itemized thereon for
19795 2 00- R4460500 $4 6,b fb. 00 Which charge is made were ordered and
received except
7
20
Signature
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund