HomeMy WebLinkAboutD-2282-16 vacation of Right-of-Way Illinois StreetSponsor(s): Councilors Rider and Schleif
ORDINANCE D-2282-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, TO VACATE A PORTION OF THE RIGHT-OF-WAY FORMERLY
KNOWN AS ILLINOIS STREET
Synopsis: An ordinance vacating a portion of abandoned Public Right -of -Way along the
previous path of Illinois Street.
WHEREAS, CIHS Newco, LLC, an Indiana limited liability company ("CIHS") has
filed a Petition for Vacation of Public Right -of -Way with the City of Carmel, Hamilton County,
Indiana pursuant to I.C. 36-7-3-12;
WHEREAS, the portion of the public right of way to be vacated is described in Exhibit
A, attached hereto and incorporated herein (the "Abandoned Right -of -Way_");
WHEREAS, the Abandoned Right -of -Way is no longer needed for public right-of-way
purposes because the City of Carmel, Indiana (the "City„) rerouted a portion of Illinois Street,
located south of 106th Street and adjacent to CIHS's property, to a new location west of the
Abandoned Right -of -Way (the "Rerouted Right -of -Way");
WHEREAS, the Rerouted Right -of -Way is open and being used as a public road;
WHEREAS, CIHS is the owner in fee simple of real estate abutting the Abandoned
Right -of -Way; and
WHEREAS, the City of Carmel Board of Public Works and Safety voted to recommend
the vacation of the Abandoned Right -of -Way at its meeting on March 2, 2016.
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana that:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. The Abandoned Right -of -Way be, and hereby is, vacated and ownership
thereof shall revert to the abutting property owner, CIHS.
Section 3. CIHS shall reimburse the City for the City's removal of the hard surface of the
roadway in the amount of Sixty -Three Thousand Two Hundred Thirty -One Dollars and
Zero Cents ($63,231.00) within thirty (30) days of the recording of this Ordinance.
Ordinance D-2282-16
Page One of Two
Prepared by Schuyler J. File, Attorney, Hall, Render, Killian, Heath & Lyman 500 N. Meridian
Street Suite 400, Indianapolis, IN 46204
Sponsor(s): Councilors Rider and Schleif
Section 4. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
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PASSED by the. Common Council of the City of Carmel, Indiana this day of March,
2016, by a vote of yes and 60. nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
onald E. Carter, President Kevin Rider
SJQ F' loam, ice -President
Laura Campbell
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Christine S. Pauley,
Clerk -Treasurer
Carol Schleif
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-41 alt7412
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Presented by me to the Mayor of the City of Carmel, Indiana this day of March,
2016, at' 1 J'�)
,�pproved by me, Mayor of the City of Carmel, Indiana this day of
.�l4Z2016,
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Christine S. Pauley,
Clerk -Treasurer
Ordinance D-2282-16
Page Two of Two
i
amen Brainard, Mayor -
Prepared by Schuyler J. File, Attorney, Hall, Render, Killian, Heath & Lyman 500 N. Meridian
Street Suite 400, Indianapolis, IN 46204
EXHIBIT A
Legal Description of the Real Estate
Land Description:
Part of Instrument No. 92-2818
Portion of Right -of -Way to be Vacated
A part of the Northwest Quarter of Section Il, Township 17 North, Range 3 East in Hamilton
County Indiana, described as :follows:
Commencing at the northeast corner of the Northwest Quarter of said Section 11; thence South
89 degrees 12 minutes 45 seconds West (basis of bearing per ALTA/ACSM land title survey
prepared by The Schneider Corporation as Job No. 521.0012 dated April 19, 2011) along the
North line of said Quarter Section a distance of 1,080.22 feet, thence South 00 degrees 47
minutes 15 seconds West a distance of 64.43 feet to the intersection of the south right-of-way
line of 106th Street, recorded as Instrument No. 90-11037 with the easterly right-of-way line of
Illinois Street, recorded as Instrument No. 92-2818 in the Office of the Recorder of Hamilton
County, Indiana, and the POINT OF BEGINNING, said point being on a non -tangent curve to
the left having a radius of 114.99 feet, the radius point of which bears South 40 degrees 24
minutes 59 seconds East, (the following four (4) courses being along the easterly right-of-way
lines of said Illinois Street); (1) southwesterly and southerly along said curve an are distance of
101.65 feet to a point which bears South 88 degrees 56 minutes 02 seconds West from said
radius point; (2) South 00 degrees 47 minutes 15 seconds East 105.63 feet to a tangent curve to
the right having a radius of 261,00 feet, the radius point of which bears South 89 degrees 12
minutes 45 seconds West; (3) southerly along said curve an are distance of 94.87 feet to a point
which bears South 69 degrees 57 minutes 41 seconds East from said radius point; (4) South 20
degrees 02 minutes 19 seconds West 693.64 feet to the easterly right -of --way line of relocated
Illinois Street as per plans provided by United Consulting Engineers for Job No. 11-408, dated
July 25, 2013; thence North 00 degrees 00 minutes 14 seconds East along said easterly right-of-
way line a distance of 222.00 feet to its intersection with the westerly right-of-way line of Illinois
Street per said Instrument No. 92-2818, (the following four (4) courses being along said westerly
right-of-way line of Illinois Street); (1) North 20 degrees 02 minutes 19 seconds East 527.64 feet
to a tangent curve to the left having a radius of 185.00 feet, the radius point of which bears North
70 degrees 51 minutes 27 seconds West; (2) northerly along said curve an arc distance of 64.35
feet to a point which bears North 89 degrees 12 minutes 45 seconds East from said radius point;
(3) North 00 degrees 47 minutes 15 seconds West 85.66 feet to a tangent curve to the left having
a radius of 113.00 feet, the radius point of which bears South 89 degrees 12 minutes 45 seconds
West; (4) northerly and northwesterly along said curve an are distance of 77.75 feet to a point
which bears North 49 degrees 47 minutes 15 seconds East from said radius point and the south
right-of-way line of said 106th Street; .thence North 89 degrees 05 minutes 48 seconds East a
distance of 129.29 feet to the Point of Beginning, containing 1.481 acres of land, more or less.
EXIIJBITA
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