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HomeMy WebLinkAboutPetition to Vacate - ProsceniumPETITION TO VACATE . EXCESS PUBLIC RIGHT OF WAY T he "Petitioner") on The City: Carmel. Redevelopment:Commiss,ion (t itio behalf of itself and: -: .Carmel. Development 11, LLC -(the " Redevelo er" liein the owners, of certain: real roe in p ). g P P- rtY . the northwest quadrant of the roundabout . located at : Range . Line . Road : and: Carmel :Drive in . Carmel; Indiana; hereby petitions: the. City: of Carmel:.(the "-City"):to vacate certain strips of land within the City',s municipal boundaries. in certain unused excess public : right -of .way. areas. adjacent .to the east.and south boundaries of the Abutting Landowner's property the Petitioner's property, which areas are identif ed on Exhibit A=1 as. Parcel; 1, Parcell. and partof Parcel 3, (as explained-, below) and more particularly described. in Exhibit A-2, which exhibits are attached hereto and incorporated herein (collectively, .the: `.`Unused: Remnants'.'),' subject to: the condition,: that the. Redeveloper shall convey-, certain: other property, to the Petitioner or the City,. all as described below. In.support of this Petition, the Petitioner,states: 1:.: Vacating the_Unused-.Remnants is consistent with the.development of the Proscenium: Project in accordance with Ordinance #Z-571-..13,.'approved March 4, 2013; .which rezoned. to; G-I/City. Center Classification six properties northwest of the _intersection of Carmel Drive and .Range Line Road, identified as Parcel Nos 16-09-36-00-00- . 025.000, 16709-36-00=00-025.01, ."16-09-36-00-00-026-.000 16-09-36=00-00= . . 026:001, 16; 09-36-00-00-027.000 arid'.16=09-36-.00=00-028;000. The -Redeveloper. now :owns those. parcels:. (collectively, the "Proscenium Project. Area"), with the: exception., of the latter parcel (the:. "Former Arby's Site") ,and Unused Remnant Parcels land 2:... 2.: The :Petitioner.now :owns,.the,part of the.Former:Arby's Site. (also part, of Parcel 3) that -is shaded in red on the attached. Exhibit A=1 (the "CRC: Parcel"). The rest.of the . s S'ite was. acquired: by the City and used for right-of:way, .purposes for Former F Arby the roundabout now located at Carmel Drive and . Range Line Road, except .for the . Unused Remnant art of Parcel.3 consisting of the unshaded art of Parcel 3.1 in P.. � g.. p lying : outside the red shaded CRC. Parcel on.the attached Exhibit A= which was not so used and .is of no' further useao the. City. „ 3: Vacation :of. the -Unused: Remnants is (a) consistent with .the Project Agreement between the:Petitioner and.the. Redeveloper. executed_ in July, 20.16, pursuant :to which the Redeveloper acquired and. -committed to redevelop the Proscenium Project Area. . (except for the Former. Arby's Site) in accordance with the plans,. terms and conditions:.. approved in :that agreement,_ and ,(b) contemplated by: the Project Agreement Supplementing Proscenium Project Agreement between the Petitioner and: the Redeveloper executed in. May; 201,7 to incorporate the terms: of the Redeveloper's . successful :offer in response:to the. Petitioner's Request for Proposals for. development of the CRC Parcel portion. of -the Former. Arby's Site (collectively; the Proscenium' Project Agreement"): 4. The Unused Remnants consist of narrow strips of land previously acquired by the, City but later. determined not, to : be needed for right-of-way purposes in. connection with construction of ;the: roundabout :at Carmel Drive _ and Range Line Road:.. Their . narrow. width renders them unsuited. to any :public .or private economic use or purpose, as the cost of maintaining them would exceed any value the y might have to. the City or for any use: other than as part of the Proscenium Project: '5:.. Vacation of the Unused -Remnants will. facilitate acquisition :from the Redeveloper of . rights -of way needed:: for . the: City's planned. extensions of . Veterans. Way. and: Executive.Drive:on.and through :certain -land within.the Proscenium'Project Area as - shown on Exhibit B-1 and legally. described ..in Exhibit B-2: attached: hereto and incorporated herein (the ."Right -of Way Area") 6. Vacation of .the Unused Remnants is contemplated. by the, .ProsceniumProject Agreement; wherein the Petitioner has agreed to cause the Unused Remnants, and:the CRC -Parcel, aggregating approximately 1.093 total .acres, : to be. transferred to the Redeveloper. in exchange for the Right -of -Way Area, aggregating approximately, 1.170 total acres, :together: with the Redevelop er':s:commitments to add and redevelop the. CRC .Parcelandnts., the Unused Remnaand. to complete all road improvements in the .Right -6f -Way., Area: necessary .for Veterans Way and Executive Drive. to be ac armel's p in, all as part of the overall Proscenium accepted into C _ ublic .street cyst Project and.in:accordance with the approved:plans. 7. Vacation of the :Unused Remnants is inthe. best -interest of the City,-provided.tha -the vacation is; made subject :to the condition that it shall- take -effect only`:upon the Redeveloper's conveyance. of. the Right=of-Way. Area to the.. CRC: or the City in accordance with the terms.and conditions -of the Proscenium Project Agreement. 8. The: names and addresses_ - of owners: -of land. that: abuts. the .Unused Remnants of r p operty proposed to be vacated are set -forth on -Exhibit C, attached hereto: and incorporated herein. 9. Vacating the Unused. Remnants will not make access to the lands- of any person by. . means .of public way.difficult or inconvenient;. will not hinder the growth, or orderly development of the..unit -or .neighborhood in which it. is located or to which it is contiguous; :will not hinder ahe public's accessto a: church-, school, or other public building or place; and will not hinder. the use of a public way by the. neighborhood in which itis located or to, which it. is contiguous.. Further, Petitioner, states that notice of this Petition and the hearing on the vacation of the. Unused Remnants,has been provided pursuant to Ind. Code:§ 36-7-3-.12. Respectfully submitted this day. of June, .2017.. THE CITY OF.CARMEL.RE EVELOPMENT . COMMISSION - Wiffiam Hammer, .President -2-. Recommended for Approval this day of `� ( , 20 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety M. P Ja s Brainard, Presiding Officer Date: . ;w —Ig —/ 0 100 200 A PART OF .THE SOUTHEAST 'V4. OF SECTION 36, TOWNSHIP 18_ NORTH _LINE 'OF THE SE 1/4 OF: SEC. 3fi-18-3, . NORTH, RANGE 3 EAST. THE 2ND PRINCIPAL MERIDIAN, P.o:c. HAMILTON COUNTY, INDIANA MONUMENT W/BRASS. CAP FOUND AT. THE.NE:- �C) "NORTH CORNER OF SE- 1/4 OF SECTION 36--18-3 'PER HCSO CORNER RECORD NO.- 8033606 p� . oo. .. o LINE 174:90'. SOUTH, & PARALLEL WITH THE NORTH LINE OF. THE SE 1/4' OF SEC. 36-18-3 E oov IA I I I .� z o,m . N ..~ ZA f1 D U _ Zy u)mo o o .zoDD. �o o Nml 000 . EL m I= N PARCEL N0: 16-09-36-00=00-027.000 zo ' mmy Im. o� wmz `o STATE .ID NO:. 29-09-36=000-027.000-018 i -cl 1212 RANGELINE ROAD S, CARMEL; IN 46032 oz z2 c�z. o. N QUITCLAIM DEED 'INSTR. 'NO.. 2013025913 o.o m- N .I _ ..o m Y w_m I z> m .. V O . •� I OI. ''^^ I, o N89'09'00„E.. ,C IW a PARCEL 4A PER INSTR. NO. 2016022637 1.5.00' _. LAND CONVEYED.TO CITY OF -CARMEL, - ' P o FOR STREET PURPOSES PARCEL 1, o z -o Z. CoW o �o G) N X I Cn ��r U!a w ���ao _ 00 c:5, z :i 41�o rri 589'09'00"W X . 15:00 O I w a.. HCSO - HAMILTON COUNTY I 89'O9'OO"W S �.. P.O.P.0 B . PARCE 1 SURVEYORS OFFICE & PARCEL 3.' j.235:00. L P.O.C. - POINT OF COMMENCEMENT S89'O9'00.''W I P.O.B. - POINT & BEGINNING 45.00'80 0 51 '00"E m R=50.81' 60.18'. L=34.47' a N78'33'46"E PARCEL. 3 CH '33 I. 2:77' CHB=S19' 17'21 "W PARCEL 4 PER INSTR. NO. 2b16022637' E I LAND CONVEYED T0. CITY, OF: -CARMEL S38'03'44"W p FOR STREET'PURPOSES N89'09'oQ'.E R=17.99' 65:32' zo 277.00 , . /o L=6.05' �o // l �o CH=s:02' 0 o PARCEL' 2/ . N� CHB=S4T41-'38'.'W R'.359.67' o R=367.59' o S89'09'OO' W M. ORIGINAL NORTH R.O. LINE .OF CARMEL DRIVE L=49.76' rn :279.73'. R=380.90' CH=49 72'.. CH=49:97' GHB=S63'01'26"W WEST CARMEL :DRIVE L=41:85' CHB=.S70'21'32"W .-PUBLIC RIGHT-OF-WAY .. 2 CH --41.83 .o P.O.B. PARCEL 2: CHB=S76'57'35"W' PROJECT N& No. DATE . REVISION WOOLPERT,.INC. 74904 - U) \AN 7635 Interactive Way suite 100 DATE 10 19 16 ° WOO 'L P E R T India ES. 46278 DES: SRK a ocsiar+lt�oscnrual�rmotsrouauafi . 317.299.7500 � pR.:. PTK ..' FAX: 317.291:5805 CKD. D N A PARCEL 1 A PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, BEING PART OF THE LAND DESCRIBED IN THE QUIT CLAIM DEED RECORDED APRIL 26, 2013 IN THE HAMILTON COUNTY RECORDER'S OFFICE PER INSTRUMENT NUMBER 2013025913, DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 174.90 FEETTO THE PROLONGED NORTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE CONTINUING ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 483.25 FEET TO A PROLONGED SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID SOUTH LINE PROLONGED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, A DISTANCE OF 45.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD AS REFERENCED AND DEPICTED IN THE WARRANTY DEED RECORDED IN SAID RECORDER'S OFFICE ON MAY 19, 2016 PER INSTRUMENT NUMBER 2016022637, BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 00 SECONDS WEST, A DISTANCE OF 158.84 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 158.84 FEET, TO THE POINT OF BEGINNING AND CONTAINING 0.055 ACRES, MORE OR LESS. THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83). PARCEL 2 A PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, BEING PART OF THE LAND DESCRIBED IN THE QUIT CLAIM DEED RECORDED APRIL 26, 2013 IN THE HAMILTON COUNTY RECORDER'S OFFICE PER INSTRUMENT NUMBER 2013025913, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 174.90 FEET TO THE PROLONGED NORTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE CONTINUING ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 483.25 FEET TO A PROLONGED SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID SOUTH LINE PROLONGED AND ALSO ALONG SAID SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, A DISTANCE OF 235.00 FEET TO AN EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 200.00 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, A DISTANCE OF 279.73 FEETTO THE WEST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID WEST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, NORTH 00 DEGREES 50 MINUTES 44 SECONDS WEST, A DISTANCE OF 55.71 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST, A DISTANCE OF 277.00 FEET; THENCE NORTH 78 DEGREES 33 MINUTES 46 SECONDS EAST A DISTANCE OF 2.77 FEET, TO AN EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 56.22 FEETTO THE POINT OF BEGINNING AND CONTAINING 0.358 ACRES, MORE OR LESS. THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83). PARCEL 3 A PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 174.90 FEET; THENCE CONTINUING ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 483.25 FEET TO A PROLONGED SOUTH LINE OF THE LAND DESCRIBED IN THE QUIT CLAIM DEED RECORDED APRIL 26, 2013 IN THE HAMILTON COUNTY RECORDER'S OFFICE PER INSTRUMENT NUMBER 2013025913; THENCE ALONG SAID SOUTH LINE PROLONGED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, A DISTANCE OF 45.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD AS REFERENCED AND DEPICTED IN THE WARRANTY DEED RECORDED IN SAID RECORDER'S OFFICE ON MAY 19, 2016 PER INSTRUMENT NUMBER 2016022637, BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.18 FEET; THENCE SOUTHWESTERLY, 34.47 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.81 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 19 DEGREES 17 MINUTES 21 SECONDS WEST AND A LENGTH OF 33.82 FEET; THENCE SOUTH 38 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 65.32 FEET; THENCE SOUTHWESTERLY, 6.05 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 17.99 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 47 DEGREES 41 MINUTES 38 SECONDS WEST AND A LENGTH OF 6.02 FEET; THENCE SOUTHWESTERLY, 50.01 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 359.67 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 63 DEGREES 01 MINUTE 26 SECONDS WEST AND A LENGTH OF 49.97 FEET; THENCE SOUTHWESTERLY, 49.76 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 367.59 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 70 DEGREES 21 MINUTES 32 SECONDS WEST AND A LENGTH OF 49.72 FEET; THENCE SOUTHWESTERLY, 41.85 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 380.90 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 76 DEGREES 57 MINUTES 35 SECONDS WEST AND A LENGTH OF 41.83 FEET TO A POINT ON AN EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, NORTH 00 DEGREES 51 MINUTES 00 SECONDS WEST, A DISTANCE OF 193.59 FEET TO A SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST, A DISTANCE OF 190.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.68 ACRES, MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING: THAT PART OF SAID PARCEL 3 LYING NORTHWEST AND WEST OF THE SOUTHEAST AND EAST PROPERTY LINES OF THE LAND DESCRIBED IN SPECIAL WARRANTY DEED TO THE CITY OF CARMEL REDEVELOPMENT COMMISSION RECORDED JANUARY 20, 2017 IN THE HAMILTON COUNTY RECORDER'S OFFICE AS INSTRUMENT NUMBER 2017002896. THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83). EXHIBIT B-1 AND EXHIBIT B-2 Illustration and Legal Description of the Right -of -Way Area [See Attached Pages] NORTH LINE OF THE SE 1/4 OF SEC. 36-18-3 A PART OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSRi5-18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL MERIDIAN, HAMILTON COUNTY INDIANA P.O.C. N00'50'44"W 684.46' MONUMENT W/BRASS CAP FOUND AT THE N CORNER OF SE 1/4 OF SECTION 36-18- PER HCSO CORNER RECORD N0. 1803360 O a O CID m v m O n v m v D O Z M m O M m LINE 174.90' SOUTH & PARALLEL WITH S37°06'38"W 30.73' N89'1 7'04"E 469.68' R=75.00' L=49.68' CH=48.78' CHB=S18'07'57"W LINE OF THE SE 1/4 OF SEC. 36-18-3 !EC&UTIVE 9' 17'04"W 376.91' N45°51130"W_z 26.88' S00'51 '00"E 72.96'- PARCEL NO: 16-09-36-00-00-027.000 STATE ID NO: 29-09-36-000-027.000-018 1212 RANGELINE ROAD S, CARMEL, IN 46032 QUITCLAIM DEED INSTR. NO. 2013025913 S00°50'44"E 559.92' HCSO - HAMILTON COUNTY SURVEYOR'S OFFICE P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING E 0 3 : oo 6 i -C wcl O .01 rEi P.O.B S89' 17'04"W 45.00' O >m N CD m r om Im �� N mo I -I ,A?o r 0 m fJ Zti m0 O O � o�A m m�> lm wmz Jm- a Z- > �z Io Nm mm 0 --I zo In m o Z�I 0:-m O z� C ` Z m Z0Ial z I oD O �ZI m Nm r m Z m I v I I � "Co I I E I S89'09'00"W ° 39.00' 0 ORIGINAL NORTH R.O.W. LINE OF CARMEL DRIVE WEST CARMEL DRIVE a PUBLIC RIGHT-OF-WAY -20 WOOLPERT, INC. PROJECT No: No. DATE REVISION %Af 7635 Interactive Way 74904 TV� Suite 100 DATE 10/25/16 W O O L P E R T Indianapolis, IN 46278 DES. SRK C1' DESIGN D"' 317.299.7500 DR PTK 0 FAX: 317.291.5805 CKD. DNA "Co I I E I S89'09'00"W ° 39.00' 0 ORIGINAL NORTH R.O.W. LINE OF CARMEL DRIVE WEST CARMEL DRIVE a PUBLIC RIGHT-OF-WAY -20 WOOLPERT, INC. PROJECT No: No. DATE REVISION %Af 7635 Interactive Way 74904 TV� Suite 100 DATE 10/25/16 W O O L P E R T Indianapolis, IN 46278 DES. SRK C1' DESIGN D"' 317.299.7500 DR PTK 0 FAX: 317.291.5805 CKD. DNA A PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2"1D PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, BEING PART OF THE LAND DESCRIBED IN THE QUIT CLAIM DEED RECORDED APRIL 26, 2013 IN THE HAMILTON COUNTY RECORDER'S OFFICE PER INSTRUMENT NUMBER 2013025913, DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 174.90 FEET TO THE PROLONGED NORTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID PROLONGED NORTH LINE, SOUTH 89 DEGREES 17 MINUTES 04 SECONDS WEST, A DISTANCE OF 45.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD AS REFERENCED AND DEPICTED IN THE WARRANTY DEED RECORDED IN SAID RECORDER'S OFFICE ON MAY 19, 2016 PER INSTRUMENT NUMBER 2016022637, BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, BEING A LINE 45.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 72.96 FEET; THENCE NORTH 45 DEGREES 51 MINUTES 30 SECONDS WEST, A DISTANCE OF 26.88 FEET TO A POINT WHICH IS 228.90 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG A LINE BEING 228.90 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36, SOUTH 89 DEGREES 17 MINUTES 04 SECONDS WEST, A DISTANCE OF 376.91 FEET; THENCE SOUTH 37 DEGREES 06 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.73 FEET; THENCE SOUTHWESTERLY, 49.68 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 75.00 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 18 DEGREES 07 MINUTES 57 SECONDS WEST AND A LENGTH OF 48.78 FEET TO A POINT BEING 39.00 FEET EAST OF THE WEST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG A LINE BEING 39.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, SOUTH 00 DEGREES 50 MINUTES 44 SECONDS EAST, A DISTANCE OF 559.92 FEETTO THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG THE SOUTH, WEST AND NORTH LINES OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED THE FOLLOWING THREE (3) COURSES: 1) SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, A DISTANCE OF 39.00 FEET TO THE SOUTHWEST CORNER OF SAID LAND; 2) NORTH 00 DEGREES 50 MINUTES 44 SECONDS WEST, A DISTANCE OF 684.46 FEET TO THE NORTHWEST CORNER OF SAID LAND; 3) NORTH 89 DEGREES 17 MINUTES 04 SECONDS EAST, A DISTANCE OF 469.68 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.170 ACRES, MORE OR LESS. THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83). EXHIBIT C Schedule of Owners of Land that Abuts the Property Proposed to be Vacated (For additional information see attached Map and Property Reports) 1. City of Carmel Redevelopment Commission 30 W. Main Street Carmel, IN 46032 2. Carmel Development II LLC 881 3rd Avenue SW, Suite 100 Carmel, IN 46032 106-136 West Carmel Drive, LLC and Kirby II Retail, LLC 298 W. Carmel Drive Carmel, IN 46032 Hamilton County Map �• � -- I,ISIIj�M1";� - - � `rte I _ 1. y - yr Pu-•rG-t�G-PL`_D37. CrJr� I •! 1' ` - __ �L-c _I r 12 2 Rin :ne P 011 it -W -k M + r Y�� ' '�' t H i t 1 1+.-tlt'1•u' r l Sr .� Adjoiner #2 ` _y,_ I. ji, ,l l-G�G.1r7`= 1A■p'; 4t:+17�1,.11ne11`d .l ;'w Remnant Parcel #1- F Adjoiner #3 Adjoiner # 1 r L- , I .i nn ^S Dry _ a r -Birt. rY !• I +.. �, ��t�C' .'E1��l fall 16"1 C,1. 1 fu -D r. ?:I.' .i1+.i4Fn.r i.. iC16 X11 .`,F- 4; ;:: Remnant Par,h,. "gyp■■!yam Remnant Parcef #2?IFT 'Pio is�:n - L .* ._ _ �I .11lr 1 — 3 =- Mp- -III- I F,� '''I`�•I _ �.,rdt�.�--p - _� t- --w�-t-rr—?--Iray.'--T±`r �',� RC ^h.1 Yrc•-•�°-.�-' _- {. 7- June 21, 2017 N 1:1,680 0 0.0125 0.025 0.05 mi Parcels,T, Parcel Labels 0 0.0225 0.045 0.09 km Basemap reformation here Bridges