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Home My WebLink AboutD-2362-17 Vacation for D.W. KinzerSponsor: Councilor Kimball ORDINANCE D-2362-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AUTHORIZING THE VACATION A PORTION OF THE OLD SOUTH STREET PUBLIC RIGHT OF WAY Synopsis: Vacates a portion of the old South Street public right-of-way located within the D.W. Kinzer addition to the adjoining landowner. WHEREAS, Ronald and Joyce Smith ("Petitioners") have 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 by this reference as Exhibit A; WHEREAS, the public right-of-way to be vacated, a portion of the old South Street right-of-way, is described greater detail in Exhibit B, which is attached hereto and incorporated herein by this reference (the "Right -of -Way"); WHER.3EAS, due to prior vacations and re -plats of the old South Street Right - of -Way, the last remnant of the right-of-way is no longer necessary; 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 April 19, 2017; and 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 1 st day of May, 2017; 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 Petitioners. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 2017035326 VACATION $25.00 DULY ENTERED FOR TAXATION 07/24/2017 02:57:54P 8 PGS Jennifer Hayden Subject to final acceptance for tran2f�ern HAMILTON Recorded asuPresented Ordinance D-2362-17 der IN �`� da of 111111111111111111111111111111111111!IIIllllllllllllllllllllllllllllll Y Page One of Two Pages o- '�i1 -�'j(i G�Auditor of Hamilton County parcel # This instrument was prepared by Ronald Smith, 530 1s1 Ave SE, 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. Ronald Smith Sponsor: Councilor Kimball N PASSED by the Common Council of the City of Carmel, Indiana, this day of 2017, by a vote of _f� ayes and 1Z) nays. COMMON COUNCIL FOR THE CCTV OF CARMFL Sue Finkam, President IVA 12 IT Laura' D. Campbell �� Rotrald E. Carter S. Paulv(, Clerk -Treasurer � cr�-Pir W nfi Jeff Worrell by me to the Mayor of the City of Carmel, Indiana this 9L day of 2017, at 16 A.M. Christine S. Pauley, Clerk -T Approved by me, Mayor of the City of Carmel, Indiana, this day of .j 2017, at3c /9�.M. al". JaiXes Brainard, Mayor gisti ' S. Padiey, Clerk-Tre rer Ordinance D-2362-17 Page Two of Two Pages This instrument was prepared by Ronald Smith, 530 1" Ave SE, 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. Ronald Smith 2. 3. 4. 5 PETITION TO VACATE A PUBLIC RIGHT OF WAY 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. 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. 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. 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 1st Ave SE, Carmel, Indiana, 46032 James Shattuck and Jamie Featherstone 570 1 st Ave SE Carmel, Indiana 46032 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 a new 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. D(HIBIT odr WHERFORE, the Petitioner respectfully requests the vacation of the above described Vacation area. JF391CA R E N A E 81LL191AN fl % 3331 My f.m+• n.1 •�u ur Yl ApW 01 . 2021 State of Indiana SS: County of Hamilton CITY OF CARMEL /� Ron Id D. Smith (Petitioner Date: By; Joyce E. Smith (Petitioner) Date: 7 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 ' 14 N day of C 3vui(< ,—/ 2017 Notary Public Printed Name My Commission Expires: t\ott k 1 , 2021 My County of Residence This instrument was prepared by Ronald D. Smith (Petitioner er-AgepA) I affirm, under 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. (Petitioner er Agent) °E; HIBff -L-- 0-05- Approved and Adopted this day of 20 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Christine S. Pauley, Clerk -Treasurer Date: "EXHIBIT Exhibit A J. D. Hall Land Surveying If 1awc� U Ihdl, kcgislcrcd Luud Survc)ur Indiana (ti211ifNN117 803 i I Street. Shcridun. IN 46(WO-1433 IN C"P) right A0IOD 1 LJI L 2017 RIGHT-OF-WAY DESCRIPTION A part ol'Ihe Righ(-ol' way ofSouth Street as per the plat of D.W. Kinzer's Addition to thc'fown (note City) of Cannel, Indiana. as recorded in Decd Record 52. page 400, in the Recorders 011ice of Hamillon Count), Indium, as shown on a Recorded Survey dated 1/24/2017 as Instrument N,). 2017003323 is said 011ice and being more completely described as follows to -wit: Beginning at a 5/9" iron rod with an orange cap stamped "JD I IALI- LS20500017" (herein after referred to us a "capped rebar") at the Southeast corner of Lol I I in said D.W. Kinier's Addition, run thence along The South line thereof South 89°33'51" West. 164.50 leer to a capped rebar at the Southwest corner ol' said Lol; thence South 00°011'47" 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 feel to a capped rebar, thence along said center line, North 89°33'51" f ast. 164.35 Icet to a capped rebar in the Soulherly extension of the Fast line of said Lot 11. thence North 00°00'47" West, 20.00 [be[ along said extension to the Point ofBeginning. containing 3.288.29 square feel (0.075 of an acre) more or less. Subject to all casements and right% of way of record. SURVEYORS CERTIFICATE I DO HL•RE BY CERTIFY THA f TI IIS Df SCRIP I ION WAS PRI -PARED BY ML AND IS A RESULT Of- A FIELD SURVEY CONDUCI ED BY MI' ON 1/3/2017. A RETRACI.MENT SURVEY FOR WI IICI I WAS RECORDED ON 1/24/2017 AS INSTRUMENT NO. 20170003323 !Ames 1). 1Intl. PI.S srRf y. ` No. LS20500017 SIAL[ Q. '40IA0 JiJ M1 SuPN 1:IIIil nrt��0 Phone: 317-696-3504 Fax: 317-758-5510 Funail: 61,8NQSIIRVF;Y0R a YAM)O COM -I- 'D(HBIT 116.1C!5— 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. • 1] Shows proposed lot addition through vacation of the Public Warm allay to romnin ;r%+es ,1 Lot 11 would receive 20 feet. .00KEff J. D. Hall Land Surve in eG�e� James D. Hall, Registered Land Surveyor 0 , r Indiana — LS20500017 il\ 803 S. Ohio Street, Sheridan, IN 46069-1433 Copyright ®by J D Hall Land Surveying, 2017 RIGHT-OF-WAY DESCRIPTION A part of the Right-of-way of South Street (North half) 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 '113 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 0000'47" 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, 164.50 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 3,289.94 square feet (0.0755 of an acre) more or less. Subject to all easements and rights of way of record. SURVEYORS CERTIFICATE I DO HERE BY CERTIFY THAT THIS 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 1/24/2017 AS INSTRUMENT NO. 20170003323 JsZs D. Hall, PLS \\\\\\\\�01%U s I i I rrrriii��i////� LS20500017 STATE OF 1111\ 00 Phone: 317-696-3594 •EXHIefT Fax: 317-758-5510 Email: ALANDSURVEYOR YAHOO.COM l J