HomeMy WebLinkAboutRight of Way Legal Description ,
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January 21, 2002 =.- ®� 002 • '
-E.DAVIS COOTS* C
' STEVEN-I-I.HENKE N
Jon Dobosiewicz `T`. Jj'
JAMES K.WHEELER* I ''
- Department of Community Services
- T.JAY CURTS - ..
One Civil Square
JAMES D.CRUM Carmel,TN 46032
JEFFREY S.ZIPES' .•
ELIZABETH I.VAN TASSEL - -
JANICE R.MANDLA* RE: DePauw`University
Our File No.: 13683
MATTHEW L.HINKLE - - - - -
SENGHOR A..MANNS
' J.KATHRYN JENKINS Dear.Jon:
DANIEL E.COOTS -
*CERTIFIED MEDIATOR _ -
Enclosed please find the,legal-description'for the Right-of-Way,
' ' Commitments-Concerning the Use and Development of Real Estate and Dedication '
&Deed of Public Rights-of-Way that you requested in the above referenced matter.
Please give me a call if you have any questions or comments.
Very truly yours;
COOTS, HENKE&'WHEELER, P.C,
E. Davis Coots
EDC:wlt
.Enclosure
255 East Carmel Drive
Carmel,Indiana 46032-2689
' 317-844-4693 '
FAX 317;573-5385
DEDICATION&DEED OF PUBLIC RIGHTS-OF-WAY
THIS INDENTURE WITNESSETH:
That DePauw University((Jointly and individually the "Grantor"),the fee simple owner(s)of the following
described real property("Property")described in attached Exhibit A, incorporated herein by this reference,
which Property is located in the City of Carmel,Hamilton County, State of Indiana, hereby grants, conveys
and warrants in fee simple and with no reversionary rights whatsoever retained,all of Grantor's rights,title,
and interest in the Property,to the City of Carmel, Indiana("Grantee"), subject to all existing easements and
rights-of-way of record,for the sum of One Dollar($1.00)and other good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged..
This conveyance of real estate is not subject to Indiana gross income tax.
IN WITNESS WHEREOF, Grantor has executed this Instrument on the'.10 day of December ,
2001.
"GRANTOR"
DePauw University
By: L .
(Authorized Signatur
Richard Speller, V.P. for Finance & Administration
(Printed Name and Title
STATE OF INDIANA }
}
COUNTY OF Putnam }
Before me,the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the
above and acknowledged executing the foregoing Dedication and Deed of Public Right-of-Way.
Witness my hand and Notarial Seal thisl0 day of December ,2001.
u, 7A ;
Notary Public
Edward N. Pearson
Notary Public(printed)
MY COMMISSION EXPIRES: June 11, 2009
COUNTY,OF RESIDENCE: Putnam
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Instrument prepared by: Douglas C. Haney,Carmel City Attorney,One Civic Square,Carmel, Indiana 46032.
t1E )c IIl1/ 4 -of q It o arme c !J I
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION &DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the purpose of establishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as Exhibit
"A" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts
said Dedication and.Deed, and orders that the Instrument of Dedication and Deed described herein be
recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said described
real property be, and the same hereby is,declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS&SAFETY
James Brainard, Mayor
Date:
Billy Walker
Date:
Mary Ann Burke
Date:
ATTEST:
Diana L. Cordray, IAMC,Clerk-Treasurer
Date:
ONE CIVIC SQUARECARMEL, INDIANA 46032317/571-2400
LEGAL DESCRIPTION FOR RIGHT-OF-WAY
DEPAUW UNIVERSITY
A part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Hamilton County, Indiana, being described as follows:
Commencing at the northeast corner of said Quarter; thence South 00 degrees 22 minutes
50 seconds East (assumed bearing) along the east line of said Quarter a distance of 1223.88 feet
to a point on the southeasterly right-of-way line of Meridian Corners Boulevard as per the plats
recorded as The Parks at Springmill, Section 4 in Plat Cabinet 1, Slide 652, and The Parks at
Springmill, Section 3 in Plat Cabinet 1, Slide 488 in the Office of the Recorder, of Hamilton
County, Indiana, said point also being the Point of Beginning (the following three courses are
along said right-of-way line); (1) thence South 66 degrees 06 minutes 14 seconds West a distance
of 830.21 feet to the point of curvature of a curve to the left having a radius of 455.00 feet, the
radius point of which bears South 23 degrees 53 minutes 46 seconds East; (2) thence
southwesterly along said curve an arc distance of 142.30 feet to a point which bears North 41
degrees 48 minutes 54 seconds West from said radius point; (3) thence South 48 degrees 11
minutes 06 seconds West a distance of 127.60 feet to the southeasterly line of a tract of land
described in Instrument #94-13389 and a point on a non-tangent curve to the left having a radius
of 3036.83 feet, the radius point of which bears South 57 degrees 16 minutes 30 seconds East;
thence southwesterly along said curve an arc distance of 47.42 feet to a point which bears North
58 degrees 10 minutes 10 seconds West from said radius point, said point being on a non-tangent
curve to the left having a radius of 560.00 feet, the radius point of which bears North 36 degrees
58 minutes 00 seconds West; thence northeasterly along said curve an arc distance of 47.39 feet
to a point which bears South 41 degrees 48 minutes 54 seconds East from said radius point;
thence North 48 degrees 11 minutes 06 seconds East a distance of 125.88 feet to a point on a
tangent curve to the right having a radius of 440.00 feet, the radius point of which bears South 41
degrees 48 minutes 54 seconds East; thence northeasterly along said curve an arc distance of
137.61 feet to a point which bears North 23 degrees 53 minutes 46 seconds West from said
radius point; thence North 66 degrees 06 minutes 14 seconds East a distance of 823.69 feet to the
east line of said Quarter; thence North 00 degrees 22 minutes 50 seconds West along the east line
of said Quarter a distance of 16.36 feet to the Point of Beginning, containing 0.39 acres (16,777
square feet), more or less.
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Commitments Concerning the Use and
Development of Real Estate
STATE OF INDIANA )
) SS:
COUNTY OF PUTNAM )
Pursuant to IC §36-7-4-615 and §31.6 of the Zoning Ordinance of the City of Carmel, Indiana,
DePauw University (hereinafter, "DePauw") makes the following Commitments to the Carmel
Common Council (hereinafter, the "Council").
Description of Real Estate:
[SEE ATTACHMENT - LEGAL DESCRIPTION OF PROPERTY]("REAL ESTATE")
Exhibit A
Statement of Commitments:
1. DePauw acknowledges that the State of Indiana Department of
Transportation (InDOT) is currently conducting an environmental
assessment concerning possible future improvements to U.S.
Highway 31 in Carmel and Westfield, Indiana, but that InDOT
does not expect to issue a final Environmental Impact Statement
pursuant to this assessment until 2003. DePauw further
acknowledges that the City of Carmel's Thoroughfare Plan, which
while not binding must be given due consideration by InDOT, calls
for a highway interchange to be constructed on or around the
subject Real Estate, and that this proposed interchange will in all
likelihood necessitate that all of the subject Real Estate be
eventually taken by InDOT. DePauw has requested a protective
purchase of the Real Estate from InDot, pursuant to CFR 710.503
and §23D.17.4 of the Carmel Zoning Ordinance, however, InDot
has declined to make the purchase. Because of the uncertainly
created by the future road improvements, DePauw has been unable
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to develop the Real Estate.
2. DePauw commits that any Development Plan that it submits to the
Carmel Clay Plan Commission, pursuant to the Carmel Clay
Zoning Ordinance, will reserve for acquisition by InDOT all of the
Real Estate described above subject to expiration as stated in
paragraph 4
3. Whenever DePauw believes that the reservation of the Real Estate
pursuant to Paragraph 2 above would result in the loss of all
reasonable and beneficial use of or return from the subject Real
Estate, then DePauw commits that it shall, before filing an inverse
condemnation claim or any other action against the City of Carmel
or the Council on account of such loss, request from InDOT a
hardship acquisitionor protective purchase of the subject Real
Estate, pursuant to 23 CFR §710.503.
4. These commitments shall expire six (6) years from the date of
execution of this commitmentior on the date that InDOT issues a
final Environmental Impact Statement showing that the subject
Real Estate will not be taken by InDOT, whichever is earlier.
5. Following the termination of these commitments, if the Real Estate
has not been acquired by the Indiana Department of Transportation
or the City of Carmel for road purposes, DePauw and its
successors and assigns shall be entitled to proceed with
development of the Real Estate in any manner consistent with the
requirements of the B-5 Zoning District in the Carmel Zoning
Ordinance. DePauw or its successors and assigns shall be entitled
to all ADLS approvals, building permits and other permits
reasonably necessary for the development of the Real Estate so
long as the applications for ADLS approval, building permits and
the like are consistent with the requirements of the B-5 Zoning
District requirements of the Carmel Zoning Ordinance.
Binding Effect:
Upon passage of an ordinance rezoning the Real Estate described in Exhibit A and approval of
the Architectural Design, Lighting, Landscape and Signage application of CMC Properties, LLC.
These Commitments will become binding on DePauw, each subsequent owner of the Real Estate,
and each person acquiring an interest in the Real Estate, unless modified or terminated by a
decision of the Carmel Clay Plan Commission or its successor made at a public hearing after
notice of the hearing has been given under its rules of procedure, or unless the Real Estate is
rezoned to a different zoning classification.
Recording:
The undersigned authorizes the Director of the Department of Community Services to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana.
Enforcement:
DePauw hereby agrees to comply with these Commitments, and acknowledges that, should it fail
to comply with these Commitments, then the Council's approval of the rezoning of the Real
Estate to the B-5 Business District, in connection with which these Commitments have been
requested may be rescinded following notice of a public hearing to determine compliance with
these commitments.
These Commitments may be enforced by the Council or by the Director of the Department of
Community Services of the City of Carmel, Indiana.
IN WITNESS WHEREOF, DePauw has executed these Commitments this 7th day of
November , 200 1
DePAUW UNIVERSITY
By: ct� "5 �
Richard Speller
Printed
V.P. for Finance & Administration
Title
STATE OF INDIANA )
COUNTY OF Putnam )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Richard Speller , who acknowledged the execution of the
foregoing Commitments on behalf of DePauw University.
WITNESS my hand and Notarial Seal this 71-1-1 day of November , 2001
Signed: rte« { , 214„p-j(_.
Printed: Edward N. Pearson
Notary Public
My Commission Expires: My County of Residence is:
j.ur)e I!, 0204 Putnam
This instrument was prepared by John R. Molitor, Attorney for Law, 11711 N. Meridian St.,
Suite 200, Carmel, Indiana 46032.
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ZONING DESCRIPTION
A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being
more particularly described as follows:
COMMENCING at the Southeast Corner of the Northwest Quarter of said
Section 26; thence on an assumed bearing of South 88 degrees 29 minutes 07
seconds West along the south line of said Northwest a distance of 1 125.87 to
the POINT OF BEGINNING; thence continuing South 88 degrees 29 minutes
07 seconds West a distance of 243.05 feet; thence North 01 degrees 30
minutes 53 seconds West a distance of 45.00 feet to the southeast corner of
Lot 2 of The Parks at Springmill recorded in Plat cabinet 2, Slide 341 in the
Office of the Recorder of Hamilton County, Indiana, said point also being a
point on a non-tangent curve to the right, the radius point of which bears
South 75 degrees 38 minutes 30 seconds East a distance of 3036.83 feet;
thence northeasterly along said curve and along the east line of said plat and
along the southeasterly line of land described in Instrument Number 94-
13389, concentric with the northwesterly right-of-way line of U. S. Highway
31 (North Meridian Street), I. S. H. C. Project S. T. F. 222(9) 1973, an arc
distance of 973.49 feet to a point which bears North 57 degrees 16 minutes 30
seconds West from said radius point; thence North 48 degrees 11 minutes 06 seconds
East a distance of 1.73 feet to a point on the southeasterly right of way line of
Meridian Corners Boulevard as per plat recorded in Plat Cabinet 1, Slide 488 in said
Recorder's Office; thence continuing along said right of way line North 48 degrees
11 minutes 06 seconds East a distance of 125.88 feet to a curve to the right having a
radius of 455.00 feet; the radius point of which bears South 41 degrees 48 minutes 54
seconds East (the next two courses are along said right of way); (1) thence
northeasterly along said right of way line and curve an arc distance of 142.30 feet to a
point which bears North 23 degrees 53 minutes 46 seconds West from said radius
point; (2) thence North 66 degrees 06 minutes 14 seconds East a distance of 830.21
feet to the east line of the said Northwest Quarter; thence South 00 degrees 22
minutes 50 seconds East along said East line a distance of 248.57 feet to the said
northwesterly right-of-way line of U.S. Highway 31 said right of way line being a
non-tangent curve to the left, the radius point of which bears South 40 degrees 24
minutes 40 seconds East a distance of 2436.83 feet; thence southwesterly along said
right-of-way line and curve an arc distance of 1283.37 feet to a point which bears
North 70 degrees 35 minutes 10 seconds West from said radius point; thence South
80 degrees 56 minutes 59 seconds West along said right of way line a distance of
380.20 feet; thence South 51 degrees 59 minutes 02 seconds West along said right of
way line a distance of 31.10 feet: thence South 01 degree 30 minutes 53 seconds East
a distance of 16.50 feet to the POINT OF BEGINNING, containing 19.44 acres,
more or less.
EXHIBIT
EXCLUDING THE FOLLOWING DESCRIBED REAL ESTATE
A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more
particularly described as follows:
Commencing at the southeast corner of the Northwest Quarter of said Section 26;
thence on an assumed bearing of South 88 degrees 29 minutes 07 seconds West
along the south line of said Northwest Quarter a distance of 1125.87 to the point of
beginning; thence continuing South 88 degrees 29 minutes 07 seconds West a
distance of 243.05 feet; thence North 01 degrees 30 minutes 53 seconds West a
distance of 45.00 feet to the southeast corner of Lot 2 of The Parks at Springinill
recorded in Plat cabinet 2, Slide 341 in the Office of the Recorder of Hamilton
County, Indiana, said point also being a point on a non-tangent curve to the right, the
radius point of which bears South 75 degrees 38 minutes 30 seconds East a distance
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of 3036.83 feet; thence northeasterly along said curve and along the east line of said
plat and along the southeasterly line of land described in Instrument Number 94-
13389, concentric with the northwesterly right-of-way line of U. S. Highway 31
(North Meridian Street), I. S. H. C. Project S. T. F. 222(9) 1973, an arc distance of
831.86 feet to a point which bears North 59 degrees 56 minutes 49 seconds West
from said radius point; thence South 61 degrees 53 minutes 05 seconds East a
distance of 600.43 feet to the said northwesterly right-of-way line of U. S. Highway
31 said right of way line being a non-tangent curve to the left, the radius point of
which bears South 59 degrees 28 minutes 10 seconds East a distance of 2436.83 feet;
thence southwesterly along said right-of-way line and curve an arc distance of 472.80
feet to a point which bears North 70 degrees 35 minutes 10 seconds West from said
radius point; thence South 80 degrees 56 minutes 59 seconds West along said right of
way line a distance of 380.20 feet; thence South 51 degrees 59 minutes 02 seconds
West along said right of way line a distance of 31.10 feet; thence South 01 degree 30
minutes 53 seconds East a distance of 16.50 feet to the beginning point, containing
9.42 acres, more or less.
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