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Home My WebLink AboutD-2302-16 Vacation for a Portion of Part of 3rd Ave SWDULY ENTERED FOR TAMTIONG ,Subject to final cceptance for transfer .day,of , 2u--Lrp— Auditor of Hamilton County Parcel # 7lid- ORDINANCE D-2302-16 Sponsor: Jeff Worrell ' AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA VACATING A PORTION OF PUBLIC RIGHT-OF-WAY FORMERLY PART OF 3' AVENUE -SW WHEREAS, The City of Carmel by and through its Department of Engineering ("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 formerly part of 3rd Avenue SW to be vacated is described in Exhibit B, attached hereto and incorporated herein (the "Right -of -Way"); WHEREAS, the Real Estate is no longer being used as or necessary as public right-of-way; WHEREAS, the Carmel Redevelopment Commission is engaged in certain redevelopment projects in and around the Real Estate (generally referred to as "Midtown") including the sale of property in and around the Real Estate; 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; 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 July 6, 2016; WHEREAS, pursuant to IC 36-7-3712(c), a properly noticed public hearing on proposed vacation of Right -of -Way was held by the Common Council of the City of Carmel, Indiana, on the 18`h day of July, 2016; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1 Section 2. Section 3. Ordinance D-2302-16 Page One of Two The foregoing Recitals are fully incorporated herein by this reference. The Right -of -Way be, and hereby is, vacated and ownership thereof shall revert to the abutting property owners. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 2016043371 VACATION $28.00 08/24/2016 03:37:48P 9 PGS Jennifer Hayden HAM9ILTON County Recorder IN Recorded as Presented �__ I IIIII I I IIII I I III IIIII IIIII IIIII IIIII IIIIIIiIII Illillllll IIIII IIII IIII This instrument was prepared by Tammy K. Haney, Keller Macaluso LLC, 760 3`d Avenue SW, Suite 210, Carmel, IN 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Tammy K. Haney. Sponsor: Jeff Worrell �-h Passed by the Common Council of the City of Carmel, Indiana this Q) day of V6 , 2016, by a vote of L ayes and Q nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Laura D. Campbell ATTEST: e -'-i H. Bruce Ki ball n ®+ �/ �1111Jj%IllV V. 1 UU1lT}', Vlli -1l lUJU1 V1 _ r Lrited by me to the Mayor of the City (2f Carmel, Indiana this l �� day of 2016, at'lO P.M. C� Chrisffne S. Paul y, Cle -Tre urer 7 Approved y me, Mayor of the City of Carmel, Indiana, this �Lgr�—day of Ji" 2016, at 7a es Brainard, Mayor ATTEST: 1. Christine S. Pauley, Clerk-Tiasurer/� 5 #81316 Ordinance D-2302-16 Page Two of Two This instrument was prepared by Tammy K. Haney, Keller Macaluso LLC, 760 3rd Avenue SW, Suite 210, Cannel, IN 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Tammy K. Haney. Exhibit A Petition for Vacation of Public Right -of -Way Y , i;,g �ev The cirf or cmm�I-,, 1hy mo Ihm-p4h is DcPaTIM—mit: of, E'T191n, JIUMwAt to Wilava code: §3644- 12-,, do-va tile commen cal'u'd of" th i of CA md, Ind-ima, for ft vwm,'on of o portionof Ow 41distinit, pabliaWaq. bf 5 74,Avttlue Sly' 01*kIlez-Aly WOW Aotth of Indaiwal Dtivr,, cast of =0111wavmd-fir" Avmuo SNl;; it 4!2'A',,vrjtkwSW md, soul Skroct SWAmtod bd,low wnd ift the. exhLb 3 'ht ?''OhAR0 a4ht Of U14Y b, opg var ady din eptted,,' - **I V; wu vattih*! , E-du-b,it "A"'Icrewi:Wbidh hinw-mm attdIM-ninty, this md=, m 3. 111'svpPL-It Of this.pic-filie'l, tilt PaIdoom, StIalm dwil"6110whig, A. '11c -Pedlianer sLs' dds petition purs=t lo, Lq&L-ta CW We §56-11-3-12 to Mpmdblly nqqwl Ov"I, tho C-dulmon commit of ft CRy. D -f (',Ormtj,, [WEAM, vatutd,,tbo wasting Pd4o Riot of''Way dewid deocted 3'11 fshibit "A�-,. Tho Pr4dr-mc; US TOP.Wc bcrmaso ft'Voudon Arm, Is.no: long r bei g ,; In �a.- pubtX"night "Or wuy. Further, thea CI"- commissim t��C) iv tqpgcd, la coaln irAm.-Iopmerit pTq;hvws %, arammd [Ir inchwLng It -It va#lflup 'i mut =6 qpeoiftt4oa ,ores` �'evelUPT ent of M7vdreww thl am cotuistent with fbe, de-s-bes Of the City of CmicL ThmCRC Mims, inAuk Immtr*1409n of bt,;,ffffir4g% To, the Vamad mm, ArThc, Fafton.;T oespem,111y: Oquesi-s; Iatdletomwoa Counez"I of IhL- City of Cam, Wilma, vaimw, Volmdon, A,-hcik to d1my- the-gmm- ;Hon ofdr. WOW ltb,*m lhps,� amws o1"tivez "Vat-it-Ebti. Area pL,,,qzLi,t to *c-MOpian g. Vat:lfib or* Neuattop Area, will x htn4vr 41,� tboryorderldeveAt toe stply .I I I I - P ,of , d tt, U.1i t 0 rale 4, giWth oo d, !a, ioldch,said Vs cado m Am is I mecd Or to whi ch I"thio V.,,ticakion ,tai ttt Q 14maing, lbml Vwmdon AT= eim 7mg .'Ices tet lhi� teras .1! my D, Vsoating the proposW Vmi"m Arem doms mot himft-thc pablic's az��Io- a ebw4h,uh,ol, ormh plam Tho,6, -dowlllg "'Imlht mm vsmd . a allmtsft Of *-- vwners ofland mKch miaLt I lVe PraVettY propto k vaanc& Exhibit A Page 1 of 5 v aqq X N O- O ;:y L D m zvz ..; �r�, pp CITY 4M. CAMIET., INWANA Exhibit A Page 3 of 5 3RD AVENUE SOUTHWEST VACATION DESCRIPTION PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER SECTION, SAID POINT BEING A DISTANCE OF 732.44 FEET SOUTH OF THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE INTERSECTION OF THE EAST LINE OF 4TH AVENUE S.W. AND THE SOUTH LINE OF 2ND STREET S.W. IN THE TOWN OF CARMEL; THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST (ASSUMED BEARING PER DEED RECORD 324, PAGE 389 OF THE RECORDS ON FILE IN THE OFFICE OF THE HAMILTON COUNTY RECORDER), ALONG THE SOUTH LINE OF 2ND STREET S.W., A DISTANCE OF 9.00 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 00 SECONDS WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST A DISTANCE OF 116.86 FEET TO THE WEST LINE OF 3RD AVENUE SOUTHWEST AND THE PLACE OF BEGINNING THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST A DISTANCE OF 48.88 FEET TO THE EAST LINE OF 3RD AVENUE SOUTHWEST; THENCE SOUTH 00 DEGREES 57 MINUTES 31 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 376.67 FEET TO THE NORTHEAST RIGHT OF WAY OF RELOCATED 3RD AVENUE/4TH AVENUE S.W.; THENCE NORTHWESTERLY ALONG SAID NORTHEAST RIGHT OF WAY 57.58 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 290.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 26 DEGREES 20 MINUTES 36 SECONDS WEST AND A LENGTH OF 57.49 FEET; THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY NORTH 33 DEGREES 35 MINUTES 37 SECONDS WEST A DISTANCE OF 37.23 FEET TO THE EAST LINE OF 3RD AVENUE SOUTHWEST; THENCE NORTH 00 DEGREES 41 MINUTES 30 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 293.38 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.365 ACRES, MORE OR LESS. I, TRENT E. NEWPORT, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED UNDER MY DIRECT SUPERVISION ON JUNE 2, 2016 FROM THE ORIGINAL DEED RECORDS OF THE PROPERTY DESCRIBED. NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL. _ A� ll .21ST £R Qp0�� No. 29600021 TRENT E. NEWPORT STATE OF INDIANA LAND SURVEYOR l/NDIANA per` NO. L5 29600021 4 SUR��y I Q i ;[R�55RL7AD,; sENGINE,�ERS: Pte. i PAGE 2 of 2 EXHIBIT DRAWL! St `AN 3RD/4TH AVENUE REMAINDER PARCEL ��"-� "� (Incl. a portion of 3rd Ave. SW R"g -Way) PARCEL: t N0018WE 302.3d' i NEW R/W FOR MODW. PARCEL WCUMC ---------� ® 3RD AVE SW/41H AVE SW ® Notes This plot mw Cyd Ueng not —11 runty ROAD. _ 3RO/4T i AV -M9 Omm R/0 COUNTY. HAWLTQY te=lls It dome rearda 1t doaa not reyrasant INST. 92C07-002529 DATED 1-1 2', ' ARC=11220'mcv0 DEED RECMD f the mewls prcpe; lx 1e111:. "ho" i -_- _ R 350.00' a RANG - 3F Dinrnam a9anq infttln {y Cno3 aro token ice, the CHORD�S8012 8'1M GiH= 111.72' epar- i l .c=d' dc=mcnts p S a 9W 0 Ica 2m o t oR / PO,a� AD017iON .> R=24II07 p � � / ` g '� DA i N00i800'E 200.00' / ------ LAS sr N pxne 0004zw57"ts ARC=169.5 i' - - = n 474 AVE S. Qo ISI- earl R-285.02' , PLACE OF C7 IA:'Lti18.94' i R-210.00'—�— LE3m. 159.67' g aE+ 1NING GTH= 198.31' ► 4th ASW 7�L - _ _ N00'41'30'E D:CESS R/t9'= n G 1/4, SEC, 2S 57 S {tie'a mx aRf� Ti81 m 3924'QOiY � trn,r n�ud� w -4 ST F_ Area of 3rd A1�� SW 3rd Ave SW 1f�00' _ _ _ EAST LP1E 3M ME. S.41. Y � � � � low to be vacated I is M 59: as OWNEM C71Y OF CAA2 DRAWL! St `AN DATED c-14-cwi CHECKED 8Y. TEN DATED 2'•'1¢-2007 PARCEL: t ` PROJECT: NEW R/W FOR MODW. PARCEL WCUMC CODE NIA ® 3RD AVE SW/41H AVE SW ® A PART OF 3RD AVE SYf ROAD. _ 3RO/4T i AV -M9 Omm R/0 COUNTY. HAWLTQY INST. 92C07-002529 DATED 1-1 2', SECTION: 25 DEED RECMD PAGE — DATED TmY -IIP: 16N -_- RANG - 3F EXHIBIT 7 7 3RD AVENUE SOUTHWEST VACATION DESCRIPTION PART OF THE SOUTHEAST QUARTER OF SEGTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER SECTION, SAID POINT BEING A DISTANCE OF 732.44 FEET SOUTH OF THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE INTERSECTION OF THE EAST LINE OF 4TH AVENUE S.W. AND THE SOUTH LINE OF 2ND STREET S.W. IN THE TOWN OF CARMEL; THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST (ASSUMED BEARING PER DEED RECORD 324, PAGE 389 OF THE RECORDS ON FILE IN THE OFFICE OF THE HAMILTON COUNTY RECORDER), ALONG THE SOUTH UNE OF 2ND STREET S.W., A DISTANCE OF 9.00 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 00 SECONDS WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST A DISTANCE OF 116.86 FEET TO THE WEST LINE OF 3RD AVENUE SOUTHWEST AND THE PLACE OF BEGINNING; THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST A DISTANCE OF 48.88 FEET TO THE EAST LINE OF 3RD AVENUE SOUTHWEST; THENCE SOUTH 00 DEGREES 57 MINUTES 31 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 376.67 FEET TO THE NORTHEAST RIGHT OF WAY OF RELOCATED 3RD AVENUE/4TH AVENUE S.W.; THENCE NORTHWESTERLY ALONG SAID NORTHEAST RIGHT OF WAY 57.58 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 290.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 26 DEGREES 20 MINUTES 36 SECONDS WEST AND A LENGTH OF 57.49 FEET; THENCE CONTINUING ALONG SAID NORTHEAST RIGHT OF WAY NORTH 33 DEGREES 35 MINUTES 37 SECONDS WEST A DISTANCE OF 37.23 FEET TO THE EAST LINE OF 3RD AVENUE SOUTHWEST; THENCE NORTH 00 DEGREES 41 MINUTES 30 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 293.38 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.365 ACRES, MORE OR LESS. I, TRENT E. NEWPORT, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, 00 HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED UNDER MY DIRECT SUPERVISION ON JUNE 2, 2016 FROM THE ORIGINAL DEED RECORDS OF THE PROPERTY DESCRIBED. NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL. IST STN l" Q'O0�� No. 29600021 TRENT E. NEWPORT STATE OF INDIANA LAND SURVEYOR hV0INO. LS 29600021 S U V,\4 - PREPARED BY: 1 I TTIIILSpO[LULI6A & Development Coamultnnts .uv nmaw maiaatnca) tnlm-un 2"4 Street SW and 3rd Avenue SW PAGE 2 of 2 EXHIBIT "B' BY- 3RD/4TH AVENUE REMAINDER PARCEL PREPARED find a portion of 3rd Ave. SW RoVo -W y) N001WO E 302.34' Notes: This plot was prepared using lnformoBon obtained from county records. It does not represent a TRC --1 12.20 surv¢y of the owners property. ! R=350.00' D'imenaTons ebmn along vocUttn property lines aro token torn ft hasportatios x Dndopmant CenaultaaRt CHORD=580'12'56 W below listed record documents. LENGTH= 111.72' m 1 1 b � ` m 1t D TDD 290 U" 1 0 CD I I / JOHNS�6f S ADDIRON W � ! So 11=29110 P.6: pgs. 26-28 1 o tliORD=N2G7D 36'41 � LFNGSH=•67.49 1., CURVE DAT MNOD'18'0D E 2DO.00' t EAST LINE w R-215.011 l ^' G110Tdf■11tS51'5714 ARC -161.83' z Cal 4TH AVE 5 W. 1 i R LMM- ?M,02' cn `a = 1' cc 0 1 CHORD-N15'45'5rW 10 PLACE OF C'n IARC=119.94 LENGTH= 159.67' "= 0 BEGINNING ! R=210.00' rfi v t CHORD-N15'40'11'W N89t19ODEsw r a GTH= 118.31' �i Nos1aI a 4th AVE. SW t lTea. west We o me Eot twr of se 1/4-1 l rSt.72Von I 5001�OD'Cf SLOG' S. � tv NO041'30`E y �� 09g88 Ad / SE 1A SEC. 25` hdsassretaatAa:SxRM TiBN, RX MM LINE 2+D S 3rd AVE. SW `" Y�EST I iNE.3RD:=A1iE`:'S1y = , Il+ % S.W. 13.00 �t ,v .,?i�.. �y�� a ; . s�p05731�Tc37&fid' et%'y PeGPMD EAST LINE 3RD AVE. S.W. S last. JMS-W717z SGDTL",2ND 5T. S.W. OWNER: MY OF CAM DRAWN BY: JAN DATED 2--14-2007 PARCEL: 1 CHECKED BY: TEN DATED 2-14-2007 PROJECT: NEW R/W FOR® MAMM PARCEL PJCWDING CODE: N/A UD AVE SW/41H AVE SW A PART OF 3RD AVE SW ROAD: 3RD/4T1•i AVENUE M11140 R/W COUNTY. HAMILTON INST. #20D7--002529 DATED 1-12-2007 SECTION: 25 DEED RECORD __, PAGE - • DASED TOWNSHIP: 18N RANGE Disaskrra al»en are 4vn! Me dere 84letl ReeeM DocwnenGs Ry.Qa I& 3`d Aye SW -j-0 be \jacozk-ee