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Home My WebLink AboutCC-03-02-15-03 As Amended Transfer of Property/130 1st Ave. SW Granting Waiver for a Priveate Street (Walnut Creek Dr) to be improved SPONSOR(s): Councilors Rider and Snyder RESOLUTION NO. CC-03-02-15-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA,GRANTING A WAIVER THAT A PRIVATE STREET BE IMPROVED TO CITY STANDARDS BEFORE BEING ACQUIRED BY THE CITY WHEREAS, Walnut Creek Drive is a private street within a commercial development, located in the West Cannel Marketplace Shopping Center; and WHEREAS, pursuant to its power of eminent domain under IC 32-24-2-6, the Board of Public Works and Safety of the City of Carmel, Indiana ("Board"), voted to pass a Resolution to acquire Walnut Creek Drive; and WHEREAS, Subdivision Control Ordinance Section 6.03.20 requires that a private residential street be brought up to City standards by the Petitioners before its acquisition by the City,unless a waiver is granted by a majority vote of the Council; and WHEREAS, in the current situation, the City is the Petitioner requesting to convert the private street to a public street; and WHEREAS, Walnut Creek Drive does not currently meet city standards for public streets and therefore, while it technically does not fall under the Subdivision Control Ordinance mentioned above because it is not a private residential street, the Board of Public Works determined that it is in the best interests of the City of Carmel to have the Council vote to grant a waiver allowing it to acquire the Walnut Creek Drive despite the fact that it does not currently meet city standards; and WHEREAS, affected property owners and the public at large would benefit from Walnut Creek Drive (depicted in Exhibit A, which is incorporated herein by reference) being acquired by the Board and converted into a public street; and WHEREAS, it is in the best interest of the citizens of Cannel for the Council to grant a waiver to allow the City to acquire Walnut Creek Drive without first improving the road to City standards. Resolution Number CC 03-02-15-02 Page One of Three Pages This Resolution was prepared by Jon Oberlander, Cannel Assistant City Attorney, on 2/11/15 at 3:29 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. NOW, THEREFORE,BE IT RESOLVED by the Board, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Council hereby grants a waiver to the City, allowing it to acquire Walnut Creek Drive prior to improving it to City standards. [Signature page follows] Resolution Number CC 03-02-15-02 Page Two of Three Pages This Resolution was prepared by Jon Oberlander, Carmel Assistant City Attorney,on 2/20/15 at 11:25 AM No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. S:ljoberlander\ResolutionsCity Council'.Council Resolution-Walnut Creek Drive Taking Final.doc SO RESOLVED by the Common Council of the City of Carmel, Indiana this a_day of Yr) 0✓A ji\ , 2015, by a vote of (A ayes and C7 nays. COMMON COUNT CIL FOR THE CIT F C• 'MEL A r n �, Presidin:/4 fficer / Kevin D. Rider �4 i - - Richard L. harp,Presi ent Pro Tempore Carol Schleif N a k preS'e,,+ A �� Ronald E. Carter W. Eric Seide sticker 4/P AO / Ar,., A . i I�1 /s, - S tIr am I ' "nyder i ATTEST: I 2l d Diana L. Cordray, IAMC, Clerk-Treas r Presented by me to the Mayor of the City of Carmel, Indiana this 3 h day of `camo.,.. c.A 2015, at 10:d9 A-.M. / G Diana L. Cordray, IAMC, Clerk-Tre/rer Approved by me, Mayor of the City of Cannel, Indiana, this , day of 1C`CNpI-■ci).- 2015, at )0:A5 13.M. ir .ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC,Clerk-Treasurer Resolution Number CC 03-02-15-02 Page Three of Three Pages This Resolution was prepared by Jon Oberlander, Carmel Assistant City Attorney, on 2/20/15 at 11:25 AM No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. S:ljoberlander\ResolutionsSCity Council'Council Resolution-Walnut Creek Drive Taking Final.doc Traynor Inc. AERIAL PLATS $.r r 5 I . -. . -„ •lt A t *. .' 1 . 1 r to . '� cl \ �' «.4 r 44, , w ii \ ',, d \ . .� 4. . \ V • 5• 4 AG s. August 19 2014 N 1 1.070 Pn rrels A 4 oon MD ON A I oats ON 41 M• .' \ \-",, . - ' 1 ,.• 1w ;' * �. a { .9.o- .;t::au .e. ' August 19,7014 N 1 2.400 Pamofs /\ 00, 00.a.. f 1 I 5 S 1 t 1 � 005 I• ,„.....•,.."..,EXHIBIT 14369—West Carmel Marketplace Access Roads Page 32 RESOLUTION NO. BPW 02-18-15-05 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL,INDIANA,ACQUIRING WALNUT CREEK DRIVE VIA ITS POWER OF EMINENT DOMAIN WHEREAS,pursuant to IC 32-24-2-6, the Board of Public Works and Safety of the City of Carmel, Indiana ("Board"), may acquire property in order to open a street; and WHEREAS, affected property owners and the public at large would benefit from Walnut Creek Drive (depicted in Exhibit A, which is incorporated herein by reference) being acquired by the Board and converted into a public street; and WHEREAS, it is in the best interest of the citizens of Carmel for the Board to acquire Walnut Creek Drive and convert it into a public street. NOW,THEREFORE,BE IT RESOLVED by the Board,as follows: Section I. The foregoing Recitals are incorporated herein by this reference. Section 2. The Board wants to acquire Walnut Creek Drive from Retail Parkway south to its terminus for the purposes of making it a public street. Section 3. The Board will publish notice of this proposed taking in a newspaper of general circulation in the City of Carmel once per week for two consecutive weeks. The notice shall state that the Board will receive or hear remonstrances from persons interested in or affected by the proceeding at its regularly scheduled meeting on March 18, 2015. Section 4. The Board shall consider the remonstrances, if any, and then vote to take final action,confirming,modifying or rescinding this Resolution. SO RESOLVED. Resolution No. BPW 02-18-15-05 Page One of Two Pages This Resolution was prepared by Jon Oberlander, Cannel Assistant City Attorney,on 2/11/15 at 3:29 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this _ day of 727 , 2015,by a vote of 3 ayes and o nays. CITY OF CARMEL,INDIANA By and through its Board of Public Works and Safety ("Board") By James Brainard, Presiding Officer Date: 2 '/dam / Mary nn Burke, e0S- i Date: /i Lori Wat ,'Mem er Date: 0--!/�� `____ ATTEST: 111 a / J- O) -■-/t,k0e Di, a Cordray, CA, le Treasurer Date: --�� Resolution No. BPW 02-18-15-05 Page One of Two Pages This Resolution was prepared by Jon Oberlander, Carmel Assistant City Attorney,on 02/11/15 at 3:29 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.