The URL can be used to link to this page

Home My WebLink AboutPetition to vacate a Public Right of Way/ Ronald and Joyce Smithi oVr . PETITION TO VACATE A PUBLIC RIGHT OF WAY 1. Ronald and Joyce Smith (" Petitioner"), pursuant to Indiana Code *36-7-3-12, does hereby respectfully petition the Common Council for the City of Carmel, Indiana, for the vacation of a portion of the existing Public Right of Way of "Old South Street" located directly between Lot 10 and Lot 11 of D W Kinzer's Addition (the "Public Way"), located entirely within the corporate boundaries of the City of Carmel, Indiana, as is particularly described below and in the exhibits attached hereto and made a part hereof. 2. The Public Right of Way being vacated is more particularly described (Exhibit "A") and depicted in Exhibit "B" hereto, this is incorporated herein by this reference. 3. In support of this petition, the Petitioner submits the following: A. The Public Way sought to be vacated will not hinder the growth of orderly development of Carmel, nor of the neighborhoods contiguous to or in which the Public'Way is located. B. Vacation of the Vacation Area will not leave any adjoining or interested property owners without access to their real estate by means of a public way or street or make such access inconvenient or difficult. C. Vacating the proposed Vacation Area does not hinder the public's access to any church, school or other public place. D. Vacating the proposed Vacation Area does not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. 4. The following are the names and addresses of the owners of land which abut the property proposed to be vacated: Ronald and Joyce Smith 530 1 st Ave SE, Carmel, Indiana, 46032 James Shattuck and Jamie Featherstone 570 1 st Ave SE Carmel, Indiana 46032 5. Due to the previous vacation or re -platting of all other portions of the Public Way known as South Street, the final remaining strip of land is no longer needed. The Petitioners need the Public Way vacated to enable and enhance the construction of anew residence. The topology of the Public Way and the petitioner's adjacent lot will enable the construction to include a walk -out or daylight basement. The additional width will allow enhanced aesthetics and choices of design in this developing part of the city. The increased property value due to the addition of a portion of the Public way to the petitioner's lot will benefit the City of Carmel through enhanced property tax revenue. 1 WHERFORE, the Petitioner respectfully requests the vacation of the above described Vacation area. JE58 CA RENAFBILLMANI `` ss•••. �' • rJota•y PUChc, Slald Ind,ina t:,a'•xar'• �% Johnson County SEAQ Commission a E43334 SgPI, My Com;ression.. Expires A001 01, 2021 grnna�` _ State of Indiana SS: County of Hamilton CITY OF CARMEL Ron61d D. Smit �(Retjt`(oner) Date: v (j Joyce E. Smith (Petitioner) Date: t /q//7 —T Before me, a Notary Public in and for said County and State, personally appeared Ronald D Smith and Joyce E Smith and acknowledged the. execution of the foregoing for and on behalf of said entity. Subscribed and sworn before me this�1 �-0 day of �- bDvuetr� , 2017 ��lflCc�r1 CZ. Notary Public Printed Name My Commission Expires: lkt�r't 1 I , 202A My County of Residence This instrument was prepared by Ronald D. Smith (Petitioner eFAgent) I affirm, under penalties for perjury, that I have.taken reasonable care to redact each and every_.SQcial jSecurity number from this document, unless it is required by Law. (Petitioner OFAgent) Approved and Adopted this day of , 20 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: J mes Brainar , Presiding Officer Date: Mary Ann Brke,lyi�mbe Date: `7 '® � !J 7 Lori S. W son ember Date: 4� Exhibit A J. D. Hall Land Surveyin� James D. Hall, Registered Land Surveyor Indiana — LS20500017 803 S. Ohio Street. Sheridan. IN 46069-1433 Copyright Cby J D Hall Land Surveying. 2017 RIGHT-O&WAY DESCRIPTION A part of the Right-of-way of South Street as per the plat of D.W. Kinzer's Addition to the Town (now City) of Carmel, Indiana, as recorded in Deed Record 52, Page 400, in the Recorders Office of Hamilton County, Indiana, as shown on a Recorded Survey dated 1/24/2017 as Instrument No. 2017003323 is said Office and being more completely described as follows to -wit: Beginning at a 5/8" iron rod with an orange cap stamped "JD HALL LS20500017" (herein after referred to as a "capped rebar") at the Southeast corner of Lot 11 in said D.W. Kinzer's Addition, run thence along the South line thereof South 89°33'51" West, 164.50 feet to a capped rebar at the Southwest corner of said Lot; thence South 00°00'47" East along the Southerly extension of the West line of Said Lot 11, to the centerline of South Street, (being a 40' right-of-way), 20.00 feet to a capped rebar; thence along said center line, North 89°33'51" East, 164.35 feet to a capped rebar in the Southerly extension of the East line of said Lot 11; thence North 00°00'47" West, 20.00 feet along said extension to the Point of Beginning, containing 3,288.29 square feet (0.075 of an acre) more or less. Subject to all easements and rights of way of record. SURVF,YORS CERTIFICATE I DO HERE BY CERTIFY THAT T141S DESCRIPTION WAS PREPARED BY ME AND IS A RESULT OF A FIELD SURVEY CONDUCTED BY ME ON 1/3/2017. A RETRACEMENT SURVEY FOR WHICH WAS RECORDED ON 1/24/20.17 AS INSTRUMENT NO. 20170003323 ,� ++ ++nu a ul111l11j James D. Hall, PLS X10' I_S20500017 STATE OF —� J 111!!lIIIIIf1l++++�+ Phone: 317-696-3594 Fax: 3 17-758-55 10 Email: ALANDSURVEYOR t/ YAHOO.COM -I- "EXHIBIT — A a ibf l , Exhibit B Shows last remnant of old South Street with west portion vacated and east portion re - platted with new street offset from old South Street. Shows proposed lot addition through vacation of the Public Way, alley to remain intact. Lot 11 would receive 20 feet. "EXHIBIT- IS° April 12, 2017 C Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BRAINARD, MAYOR RE. RIGHT OF WAV VACATION —"OLD SOUTH STREET" LOTS 10 & 11 D.W. KINZER'S ADDITION TO THE CITY OF CARMEL Dear Board Members: Mr. & Mrs. Ronald and Joyce Smith, Owners of Lot 11 in D.W. Kinzer's Addition to the City of Carmel has requested the Board provide a favorable recommendation for the vacation of a part of the alley between Lots 10 & 11 known as "Old South Street" in the D.W. Kinzer's Addition to the City of Carmel. The portion of the vacated alley requested is the northern half of the existing right of way. (Exhibit included with Petition) Per the current City procedure for vacating public right-of-way, the City Engineer is responsible for the validating the accuracy of the legal description provided by the surveyor and completeness of the vacation package. Based on the information provided to the Department of Engineering by the petitioner and J.D. Hall Land Surveying, the petition, legal description and exhibit appears to be accurate. Upon approval by the Board, the petitioner will provide appropriate documentation to the Clerk - Treasurer's office that will be presented to Carmel City Council for final resolution. The Department of Engineering finds no fault for this petition, as there are no future plans for the use of this right-of-way, and recommends favorable recommendation for the portion of right-of-way as shown on the attached exhibits. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENTS: PETITION TO VACATE A PUBLIC RIGHT OF WAY PACKAGE S:\BPW17\MISC\ROWVACATIONDWKINZERADDITION.DOC DEPARTMENT of ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering®carmel.in.gov