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HomeMy WebLinkAboutD-2296-16 Vacation of Right-of-Way 3rd Streets' r AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA VACATING A PORTION OF PUBLIC RIGHT-OF-WAY ALONG 3Rn STREET SW ORDINANCE D-2296-16 2016031958 ORDINANCE $22.00 07/06/2016 01:44:14P 6 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented IIIIIiI l lllllllllllllllllll IIIII IIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII Synopsis: An ordinance vacating a portion of Public Right -of -Way along 3`d Street SW to facilitate the redevelopment of the abutting properties. WHEREAS, Old Town Development L.L.C., (the "Petitioner"), has filed a Petition for Vacation of Public Right -of -Way (the "Petition") with the City of Carmel, Indiana pursuant to Indiana Code §36-7-3-12(b), which is attached hereto and incorporated herein as Exhibit A; WHEREAS, the portion of public right-of-way located on 3`d Street SW to be vacated is described in Exhibit B, attached hereto and incorporated herein (the "Right -of -Way"); WHEREAS, Petitioner intends to redevelop the real estate abutting the Right -of -Way; WHEREAS, The vacation of the Right -of -Way will facilitate the redevelopment of the abutting real estate and is consistent with the redevelopment of Midtown Blocks 1 and 2 of the Midtown Carmel PUD Ordinance Z-599-15 (adopted March 2, 2016); WHEREAS, the City of Carmel Board of Public Works and Safety voted to recommend the vacation of the Right -of -Way at its meeting on May 18, 2016; WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on the proposed vacation of Right -of -Way was held by the Common Council of the City of Carmel, Indiana, on the 6th day of June, 2016; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Right -of -Way be, and hereby is, vacated and ownership thereof shall revert to the abutting property owners. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. DULY ENTERED FOR TAXATION 41k - Subject to final acceptance for tra sffe20 r, dayof M Auditor o Hamilton County Ordinance D-2296-16 Parcel #---�_ Page One of Two This Ordinance prepared by Andrew S. Greenwood, General Counsel Old Town Development L.L.C., 1132 South Rangeline Road, Carmel IN 46032. Attorney ID # 25601-49, 317-341-5909. "I affirm under penalties of perjury that I have taken reasonable care to redact Social Security numbers in this document unless required by law. Prepared by Andrew S. Greenwood" / PASSED by the Commor, 2016, by a vote of Sponsor: Councilor Kimball Council of the City of Carmel, Indiana, this day of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMME Vi , Presiding Officer Kevin D. Rider Carol Schleif Bruce Kimball �da-e.c D a, Q Laura Campbell Presented by me to the Mayor of the City of Carmel, Indiana is (G day of 2016, at O'clock, M Christine Pauley Clerk -Treasurer Approved by me, the Mayor of the City of Carmel, Indiana, this/ day of c/W/'�� 2016, at 3� O'clock, –J—. ?Ines Brainard, Mayor i� Christine Pauley, Clerk -Treasurer Ordinance D-2296-16 Page Two of Two This Ordinance prepared by Andrew S. Greenwood, General Counsel Old Town Development L.L.C., 1132 South Rangeline Road, Carmel IN 46032. Attorney ID # 25601-49, 317-341-5909. "I affirm under penalties of perjury that I have taken reasonable care to redact Social Security numbers in this document unless required by law. Prepared by Andrew S. Greenwood" PETITION TO VACATE RIGHT OF WAY �r¢ Old Town Dcvclopment I..L.C., (the "Petitioner") on hehal€of the o 9i the regi property located at or about 3'11 Street SW in Carmel, Indiana,, hereby petition the City of Catmef (the "City") to vacate certain public right-ofway located within Cannel's municipal boundaries and more specifically described and shown in Exhibit "A" which is attached hereto and incorporated herein (the "Vacation Area"), In support of this Petition, Petitioner states! I . Vacating the proposed Vacation .Area is consistent with the development of Midtown Blocks I and 2, Midtown Cannel PUD Ordinance #Z-599-15 approved March 2, 2015, in substantial part, on real property identified by Parcels No's; 16-09-25-16.05- 007.000,16-09-25-16-05-008.000, 16-09-25-16.05-009A00,16-09-25.04-04-001 001 and 16-09-25-04-04-017.000 and owned by the parties listed in Exhibit"B" which is attached hereto incl incorporated herein; 2. Vacation of the, proposed Vacation Area will not hinder the growth or orderly development of the unit or neighborhood in which said Vacation Area is located or to which the Vacation Area is contiguous; 3. Vacating the proposed Vacation Area does not snake access to the lands of any person by means of public way difficult or inconvenient; and 4. Vacating the proposed Vacation Area does not hinder the public's access to a church, school, or other public building or place. Further, Petitioner states that notice of this Petition and the hearing on it has been provided pursuant to Ind. Code § 36-7-3-12. Respectfully submitted this .(`day of May, 2016. OLD TOWN l)EVELOPN; ENT L.L.C. fJsUrl W M`t t, Member V STATE OF INDIANA t COUNTY OPBILA +v1(LTON Before me a Notary Public in and for said County and State, personally a; geared Justin W. Moffett, Memberof Old Town Development L.L.C., who acknowledged execution of the Foregoing, and who, having been duly sworn, stated that the representations contained are true. W tC9es9 my hand and Notarial Setil this 1 -day of 20th. .fs.�+.-a►.r.ao r Ci�SFY t SHNAYER � �� SEAL ttolary Publis•InEidntl � § Resldeidd(NamihonCounry �y SPO"µ9°hlyCommi:si9nEYplrosJul.1d,201B Printed:_ d�iL`. •Jrl/Pl-Gl!/P..F' sof* My Colrunission E xpires; County of Residence is: ml tprLJ This instrument prepared by Andrew S. Greenwood, General Counsel Old Town Development LL -C., 1132 South Rartse!ine Road, Suite 2011;, Carmel IN 46032. Attorney fD # 2560t-49, 317- 341-5909 "I affirm, under the penalties orperjury, that t have taken reasonable care to redact each Social Security number in this documentunless required bylaw; Prepared by Andrew S. Greenwood" 2 J 7 (NO OLEO FOUND) 11-. ADJORIER: .Q 01 CARR}EL W INST. #2005C00tO925 I� EXHIBIT 8 z AAJO NER: CITY OF CARMEL. INST. #200500010925 z EXHIBIT B 0 PACES 59 & 50 g 25.o' --- 7 (NO OLEO FOUND) 11-. ADJORIER: 01 CARR}EL W INST. #2005C00tO925 hCITY U EXHIBIT 8 1 FACES 67 & 62 ADJOMER; REEDER & KNE MACHD4ERY COMPANr• DEED BOOK 3,90, PAOC 480 0.584 ACRES± (:M) N89'02'10"E - 290,00' �N00.53'10"W 3RD STREET SW 30.10' (M) (formerly Walnuf Sfreef) (Ownershlp Unknown) o^ ax ti n ?. Wyw V Z i� d;�j;a4 �WuRy`W UW'oM,� OQ POINT ADJCiNER: 0.193 CARMEL RENrA1S, INC. OECD 0009 234, PACE- 64 1.731ACRES± (M) 1.93 ACRES' (0) MI POINT OF COMMENCEMENT NE CORNER -SE' 14, 5EC.25-TISN- E � o • 1 .��/i V N Lt_ I � m L-EADE -I1`4 DTA_ IL1 I m1 wW F wI"Z NOT i0 SCALf. r 99 POINT OF BEGINNING 8.,426.7± (M) w 0.193 ACRES± (M). F �d S89'02'10"W - 411.06' (M) I w WEST - 412.4' (0) 00'36'1 30.10' 1v1jwill 111,1!4+,'OLD "TOWN D6VELCPiMENT, LLC ♦� P 61 I iM50U7H RAN4LLI`+E ROAD ', CGln FRFa.,OO 0 CAMUEJ-'INDIANA 46011 - s0 0 2-5 50 No. Z r �CEIM,AL STATES CONSULTING, LI -C _ 9600013 a e �,00rr, u c v - • STATE OF • * oeaos rye eee%z c . yx o)y>o-uti�x ( IN FEET I i' �y, 'Yointa RIGHT -0E -WAY I Inch = 50 H! `+itft S RV�� 1�v i �s,>+ 'Trs VA ATIO'NEXHIBIT ,�111l1i 11111//1 s 1 3r STREETSW Thi5. inslrum nl pr9pO:red -6y: - C RMFL, INDIANA DOnaid R vo S.>'t " UL71Nt„tt ] -, 1 GC sr:•usa+ Lndkwo Req�s,e-ed Land Surveyor No. 9600013 vnnps 1. .ro ex;•, • ��._. 6,65:6 _ 11� •- e -j .witix z r.. R w3 � y Z a s0 a� X LAND DESCRIPTION A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as -follows: Commencing at the Northeast Corner of the Southeast Quarter of sold Section 25, Township 18 North, Range 3 East; thence South 00 degrees 00 minutes I1 seconds East (Basis of Bearings; Indiana Slate Plane East Zone (NAD83) Coordinate System) 949,13 feel along the East Line of said Southeast Quarter to a point lying South 00 degrees 00 minutes 11 seconds East 949.13 feet (949:0 feet per Warranty Deed to Carmel Rentals, Inc., ("Carmel Rentals tract") recorded as Deed Book 234, page 64 in the Office of the Recorder of Hamilton County, Indiana); thence South 89 degrees 02 minutes 10 seconds West 4.11,08 feet(412,4 feet -•Carmel Rentals tract) parallel with the North Line of said Southeast quarter to the northeastern corner of sold Carmel Rentals tract and the POINT OF BEGINNINGof this description; thence continue South 89 degrees 02 minutes 10 seconds West 279.86 feel parallel with sold North Line and along the northern line of said Carmel Rentals tract and the northern line of the 0.1378—acro tract of land granted to Reeder & Kline Machine Company, Inc., (recorded as Deed Book 318, page 307 in said Recorder's Office) to the northwestern corner thereof, being the northeastern corner of the 0,172—acre tract of land depicted In Exhibit B, pages 61 and 62 of the Quitclaim Deed to the Cify of Carmel, Indiana ("Monon. Trail Deed") (recorded os instrument Number 200500010925 in said Recorder's Office); thence North 00 degrees 53 minutes 10 seconds West 30.10 feet to the southeastern corner of the 0,157—acre tract of lend depicted in Exhibit B, pages 59 ft - and 6A of said Motion Trail Dead, being the southwestern corner of the 0.5&5—acre tract of land granted to Reeder & Kline: Machine Company, Inc. ("R -& K tract") (recorded as Deed Book 34.0, page 480 in said Recorder's Office)• thence North 89 degrees 02 minutes 14 seconds East 280.00 fest parallel with the North Line of said Southeast Quarter and along the southern line of said R & K tract to the southeastern corner thereof; thence South 00 degrees 36 mimufes 53 seconds East 30.10 feet to the POINT OF BEGINNING, containing .8,426.7 square feet (0.193 acres), more or less. This description was prepared for Old Town Deveiop,.neni, LLC by Donald R. ldasson, Indiana Registered Land Surveyor No. 9600013 on the 101h day of may, 2016, R .Mr��JJJ „~'C' • O1ti7eR OScr'Jii n,�� P� FO'• 0 i No. : Z. * : 9600013 e1}1r'c OF J'G�SURN�� 4i�+ 'rfrllttlltS��,t OLD I LL.0 CENTRAL S P lTES CONSULTING, LLC - P4ti2 �. j., RrP.18`43Y] wmluly v RIGHT--Off'-WA