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Pennsylavania/103rd - 106th - Parcel 13 Arbuckle, Mary Jane i 1 20 08008321 PT REL MTG $16 02 /21/2008 11 :47:32A 3 PG 41) 1 n Je nnifer J Ha yden Recorded as Presented der IN Loan Number 0791803410 STATE OF INDIANA COUNTY OF Hamilton PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that Regions Bank dba Regions Mortgage Succesor in Interest to Union Planters Bank, National Association, present holder and legal owner of a certain mortgage executed by Mary Jane Arbuckle to Union Planters Bank, National Assocation, Beneficiary, dated 05/05/2003 in the original amount of 68000 and recorded in Book Page Instrument Number 2003 -47725 on 5/16/2003 in the office of the Recorder of Hamilton County, Indiana. In consideration of the sum of One Dollar ($1.00) and other good and sufficient consideration paid to the aforesaid Mortgage by said Mortgagors, the receipts of which is hereby acknowledged, does hereby remise, release and satisfy the above mentioned mortgage in and to that part of the premises which is described as follows, to -wit: See "Exhibit A" attached hereto and incorporated herein by reference for all purposes THIS RELEASE, HOWEVER, SHALL NOT IN ANY WAY AFFECT TO IMPAIR THE RIGHTS OF said Mortgagee to hold under said Mortgage, and as security for the sum remaining due thereon, all of the remainder of the premises therein mortgaged and not hereby or previously released. IN WITNESS WHEREOF, REGIONS BANK, through its duly authorized Attorney -In -Fact, whose appointment is recorded in the aforementioned County and State, has hereunto set its corporate hand and seal by its proper officers, they being duly authorized, this 21st day of September 2007. Regions Bank dba Regions Mortgage Succesor in 01"""/"0/4/, Interest to Union Planters Bank, National Association S 0 Marianne Garn Lee (SEAL) 4i Vice- President STATE OF MISSISSIPPI °qCORPOA` COUNTY OF FORREST Personally appeared before me, the undersigned authority in and for the said county and state, on this 21st day of September 2007 within my jurisdiction, the within named Marianne Garner Lee, who acknowledged that he /she is Vice President of Regions Bank, and that for and on behalf of Regions Bank, and as its act and deed in its said representative capacity he /she executed the above and foregoing instrument, after first having been duly authorized by said Corporation so to do. Witness my hand and Notarial Seal this the 21st day of September 2007 01111111/10 4. W 1 �OTq/ q •••9 y0 o ®L /llllllllll����� Notary Public My Commission Expires Prepared by: Tracy Jefferson Regions Bank dba Regions Mortgage 215 Forrest Street Hattiesburg, Mississippi 39401 MISSISSIPPI STATEWIDE NOTARY PUBLIC MY COMMISSIAN EXPIRES MARCH I), 2010 1 7. EXHIBIT "q" Project: Pennsylvania Street 103 Street-106 Street 103rd Street) Sheet 1 of 1 Parcel: 13 Fee sT A PART OF LOT TWENTY -SIX (26) N MERIDIAN HIGHLANDS, FIRST (1 SECTION, AS RECORDED N PLAT BOOK 2, PAGE 193 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYNG WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED PLAT, MARKED EXHIBIT "B MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING at the Southwest corner of said lot 26; Thence North 00 degrees 03 minutes 25 seconds East, along the West line of said lot, a distance of 19.53 feet to a point on the North boundary of 106 Street being the PLACE OF BEGINNING; Thence continuing North 00 degrees 03 minutes 25 seconds East, along said West line, a distance of 63.91 feet; Thence South 18 degrees 10 minutes 21 seconds East, a distance of 22.32 feet; Thence South 38 degrees 22 minutes 52 seconds East, a distance of 39.60 feet; Thence South 62 degrees 12 minutes 59 seconds East, a distance of 22.08 feet; Thence North 89 degrees 00 minutes 01 seconds East, parallel to the South line of said Lot 26, a distance of 13.93 feet; Thence South 00 degrees 00 minutes 00 seconds West, a distance of 5.79 feet to the north boundary of 106 Street; Thence South 88 degrees 54 minutes 44 seconds West, along said boundary, a distance of 52.11 feet to a point on a curve; Thence Northwesterly 14.34 feet along arc to the left, having a radius of 18.00 feet and subtended by a long chord having a bearing of North 68 decrees 15 minutes 52 seconds West and a length of 13.96 feet to the PLACE OF BEGINNING. CONTAINING 0.034 ACRES (1,480 SQUARE FEET), MORE OR LESS. I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify that this description was prepared by me on December 8, 2006, from the original deed records of the property described and was based upon plans prepared by GAI Consultants for the City of Carmel Pennsylvania Street Improvement Project (Project #06 -18), and dated October, 2006. I further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the Indiana Administrative Code. `\\\a pltuttHgllArrp e. Nr �Y ,o''�, TRENT E. NE WPORT INDIANA DIANA LAND SURVEYOR N. LS 2902021 a NO. LS 29600021 STATE OF S U R`l' 's B oARCEL: 13 PROJKT: Pennsylvania Street (103rd 106th) DRAWN BY KMK 1 2 -0E -06 °R`OJECT NO. Oo -18 r CHECKED BY TEN 12 05-06 0 S C TION: HAMILTON EXHIBIT B SCALE 1" 50' 2 TOWNSHIP: 17 NORTH OWNER: ARBUCKLE, MARY JANE RANGE: 3 EAST RECORD DOCUMENT: #200000002330 DATED: 1 -5 -2000 HATCHED AREA APPROXIMATE TAKING IS THE N 1 W COR r. Th, it was prepared from inf ormatton =toned from the Office of the Recoro of Hamilton County. and from peons prepared by Al C C o n sultan is SE 1/4 SEC. 2 2 12 n for the City of Carmel (Protect NC 06 -18) The basis of beor s f plot ono leacl oescnption ore Dosed upon on assumed bearing of for this NORTH LINE "A" 89'00.01 Quarter along the South Line of the Southeast Ouart NO0 09 15.13r`W END PROJECT —STA_ 33+17 A u• 0 u• L 50' I I (II MEPIDIAN HIGHLANDS SCALE 1 so' D WI 1st SECTION I c IF Plat Book 2, Page 193 X Lot 2 C 1 LX I Lot 25 L+J 3 1 +19.01 E I I PL(48.55') o, I 30 +9i.78 c P 55.46' Lot 26 CO C I e RAW g Lf �o g 30 =60.68 Res 'A' 79 30 +56.33 9 z.,230+ Lot 1 0 47- �56.54 113.3 R a. i 'PLACE OF BEGUJNING i 1 EXCE EXCEPTION I LOT L V ORICNAL L.,. V 106th Street I/PiSTA. I SA. 30+20.57 LINE •A• +PL130 +50.75) 1 LINE "S -2 -A" EX R/W 2Qti00 J 5 •z—.2—A 11? zR' rN89'06'06.66 "E urvE ,J —L —A N89 0. 3 z iz 106th Street 58979'01 W I t 1 I NE9 u0'O7 E APP. ScC17ON L /N5•O SW COR C T� APP. Sc"GTION LINE LE 0 I z Sc 1/4 NUMBER I CHORD CHORD ARC SEX. R/W SEC. 2 BEARING DISTANCE I LENGTH I RADIUS cold Ct 1 N 6875'52" W I 13-96 FT 1 14.34 FT 18.00 FT LINE I o N11'42'54.25 "W EX. R/W AREA (PARCEL 13) I LINE TABLE I NUMBER DIRECTION DISTANCE I ACRES (SO. FT) TOTAL 0.325 14183 L2 I N 00'03'25' E I 63.91 FT R/W TAKE f 0.034 (1480) 5 1810'21' E I 22.32 FT L3 1 5 38 E 39.60 FT EX R/W TAKES 0.046 (2012) X I L I s 6z "2'59 E 22.08 FT RESIDUE 1 0.245 (10693) L5 1 N 89'00'01' E 13.93 FT L 5 00'00'00 W 1 5.79 FT PREPARED BY 1111 t tl` 1t SW COR 0 416S NE 1 /4 ?pF,4 O l SEC. 1 t 1 "74 r No. LS 296C0021 a_p STATE r. TRENT E. N �'1,0DL NEWPORT DATE 1 9 1'Of A tyP REG. LAND SURVEYOR NO. LS29600021 EILLEMEEIZEppr y 0 STATE OF INDIANA SURV Transportation n k Con "/rr'n"rr,•0.,1 Development Consultants %Ice S 90ur pZ. ao, MICA 410r 1317/7b0-,a5 (rj Ariklita4,4 s 0=.' ARMEL JAMES BRAINARD, IVIAYOl 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: Pennsylvania Street from 103 to 106 Parcel: 13 Landowner: Mary Jo Arbuckle Date: May 1, 2007 The City of Carmel made the Uniform Land Acquisition Offer to Mary Jo Arbuckle to acquire a portion of her property for the Pennsylvania Street from 103 Street to 106 Street Project. The offer was made by certified mail on March 8, 2007. The amount of the offer was $14,060.00 and was based upon the appraisal performed by Joseph C. Traynor Associates. In the Comparable Land Sales Grid contained in the appraisal, and the text accompanying it, two sales of the property at 103 East 106 Street were listed, as well as other comparable sales. The first sale occurred in August, 2006 with a square foot price of $10.47. The second sale occurred in November, 2007 with a square foot price of $16.19. The landowner believes that these comparables should govern the offer. The City appraiser did not agree. The City's offer was based upon a value of $9.50 per square foot. The landowner has agreed to accept an administrative settlement of $19,980.00, based upon a $13.50 per square foot value, and has agreed to execute a right of entry agreement. In support of the administrative settlement we list the following: DITARr:\lI 1 ur LNCINFFIflNG OiNL: CIVIC ��HAal: CARNIEL, IN 46032 Oi i icl. 317.571.2=141 FAx 317.571.2.139 EMAIL engincernig0carme(in First, were the City to proceed to file the condemnation case, testimony concerning the two sales of 103 East 1 06` Street would likely be presented, with the possibility that the eventual award may be higher than the amount of the administrative settlement. Secondly, should the City proceed to file 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. Thirdly, 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. It is our recommendation that the City of Carmel approve the terms of the above described administrative settlement. This recommendation is approved. Stephen C. ngelking Director 0 V ADMINISTRATIVE SETTLEMENT Mary Jane Arbuckle, landowner of the property or interest in property described in Exhibit A and Exhibit B, hereby accepts the administrative settlement of 819,980.00 made by the City of Carmel on this day of c; e 2007. X .J /1_ 4 Printed Title NOTARY'S CERTIFICATE STATE OF )SS: COUNTY OF A:', Subscribed and sworn to before me this c day of 1 2007. 7 My commission expires: County of residence: /4,..---127/ 4.;11.ted*441:91.1146i."4:11°;.. girr4),A5.13 -E. otary Signature v419 o t: mi Notary Printed TRUST REMITTANCE CHECK 21 726 A REGIONS MORGAN KEEGAN 61 -1 TRUST 620 2080012523 Date: 11/20/2007 "19, 980.00 P Nineteen Thousand Nine Hundred Eighty DOLLARS AND NO CENTS--- To The Order Of MARY JANE ARBUCKLE 10602 N PENNSYLVANIA DRIVE INDIANAPOLIS, IN 46280 VOID AFTER 180 DAYS 100 AUTHORI f IGNATU' II 2172611' 1 :0620000191: 00L754L47611' TRUST NO. 2080012523 DATE 11/20/2007 DISP CODE 89 TRUST NAME CARMEL COIT 2006 CF— CONSTRUCTION CT— NASHVILLE REG# 32 *0.00 I *19,980.00 I INCOME CASH PRINCIPAL CASH FOR MARY JANE ARBUCKLE PAYMENT OF PARCEL 13 REGIONS MORGAN KEEGAN TRUST REMITTANCE CHECK [RO55ROAU ENGIN EERS;_ PI CLOSING STATEMENT Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information on every real estate transaction. The information provided below, except for the tax identification number, is adequate information to provide to a tax professional. FEE OWNER: Mary Jane Arbuckle ADDRESS: 10602 N. Pennsylvania St, Indianapolis, IN 46280 DESCRIPTION OF PROPERTY: A part of Lot 26 in Meridian Highlands, First Section, as per plat thereof recorded in Plat Book 2, page 193, Hamilton County, Indiana PROJECT 06 18 (Pennsylvania St. 103 to 106th) PARCEL 13 COUNTY: Hamilton CLOSING DATE: PURCHASE PRICE: $19,980.00 LAND AND /OR ADMINISTRATIVE SETTLEMENT: 5,920.00 IMPROVEMENTS: $14,060.00 DAMAGES. 0.00 I we) certify that the above is true and correct and acknowledge receipt of payment. Fee Owners I ��r�� llll� q! a b so nature ate Signature Date 3417 Sherman Drive Beech Grove, Indiana 46107 Tel 317.780.1555 Fax 317.780•6525