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Home My WebLink AboutD-2412-18 Vacation of ROW for Windemere SubdivisionSponsor: Councilor Green ORDINANCE D-2412-18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AUTHORIZING THE VACATION OF THE PUBLIC RIGHTS-OF-WAY LOCATED WITHIN THE WINDEMERE SUBDIVISION Synopsis: Pursuant to the terms of the Southwest Clay annexation ordinance settlement agreement and Indiana Code § 36-7-3-12, this ordinance vacates the public rights-of-way located within the Windemere subdivision. WHEREAS, the Windemere subdivision is located within the area that was annexed by the City of Carmel (the "City") in 2005 by ordinance C-263; and WHEREAS, under the terms of the C-263 Settlement Agreement, a homeowners' association representing the residents of a subdivision located within the annexed area may request that the City vacate the streets within its subdivision; and WHEREAS, the Windemere Homeowners Association, Inc., an Indiana not-for-profit corporation (the 'Petitioner") is, for the first time, requesting that the City vacate the streets within the Windemere subdivision and has filed a Petition for Vacation of Public Right -of -Way (the "Petition") with the City, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and Ordinance D-2412-18 Page One of Four Pages This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 2/1/18 at 12:04 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. 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. Jon Oberlander Sponsor: Councilor Green WHEREAS, the public rights-of-way sought to be vacated by the Petitioner are the streets Windemere Boulevard, Bishop Circle, Chatham Court, Hyde Park, High Grove Drive, and Charter Oaks, as well as their abutting sidewalks, all of which are described in greater detail in Exhibit B, which is attached hereto and incorporated herein by this reference (the "Rights -of - Way„); and WHEREAS, on November 1, 2017, the City Board of Public Works and Safety voted to recommend the vacation of the Rights -of -Way; and WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on the proposed vacation of the Rights -of -Way was held by the Common Council on February 19, 2018; and WHEREAS, the Common Council now desires to approve the vacation of the Rights -of - Way and finds that such action is in conformance with Ordinance C-263, IC 36-7-3-12, and the public interest. 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 Rights -of -Way should be, and the same are hereby, VACATED and ownership thereof shall revert to the Petitioner, subject to the terms and conditions set forth in Section 3 below. Ordinance D-2412-18 Page Two of Four Pages This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 2/1/18 at 12:04 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. 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. Jon Oberlander Sponsor: Councilor Green Section 3. The Petitioner shall, within six (6) months of the effective date of this Ordinance, take the following actions: a. Petitioner shall execute a re -plat of the Windemere subdivision, which will include the following language: "All current owners of lots within this subdivision covenant and warrant on behalf of themselves and all future owners of lots within this subdivision that because the streets and drainage system associated with it are private, all maintenance, repairs, and replacement, now and forever, shall be undertaken at the expense of the lot owners (or unit owners as applicable) in accordance with the terms and conditions set forth in the owners' association by-laws and articles of incorporation. It is fully understood and agreed by said owners, and by each of them, that the City of Carmel, Indiana does not, and shall not hereafter have any duty or responsibility to maintain, repair or replace any private street or drainage system associated with the street." b. The Petitioner shall execute a Private Street Easement for the vacated Rights -of -Way via one of the methods set forth in Carmel Unified Development Ordinance Section, 7.26 SA -02(G). Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance D-2412-18 Page Three of Four Pages This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 2/1/18 at 12:04 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. 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. Jon Oberlander Sponsor: Councilor Green -- PASSED by the Common Council of the City of Carmel, Indiana, this � day of 2018, by a vote of _42— ayes and� nays. OMM UN FOR THE OF CA EL 5: Kevin D. Rider, President n S e Fi am V A Jeff WbAklll. Vice -President Laura D. Campbell Ronald A H. Bruce Kimball Christine S. Pauley,,Clerk-Treasurer U tk Presented by me to the Mayor of the City of Carmel, di is day M&✓"W1 2018, at 0' �(5.M. Christine S. Pauley, Clerk -Treasurer TP Approved by me, Mayor of the City of Carmel, Indiana, this day of loyPrC/f 2018, at y 31 1'.M. James Brainard, Mayor istine S. PaWey, Clerk -Treasurer Ordinance D-2412-18 Page Four of Four Pages This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 2/1/18 at 12:04 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. 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. Jon Oberlander PETITION TO VACATE RIGHTS OF WAY Lf APPROVED Itk� Windemere Homeowners Association, Inc., (the "Petitioner") on behalf of the homeowners in Windemere, a subdivision located entirely within the municipal boundaries of the City of Carmel (the "City"), hereby petition the City to vacate the public rights of way located within the Windemere subdivision. These rights of way (the "Vacation Area") are more specifically described and shown in Exhibit "A" which is attached hereto and incorporated herein. In support of this Petition, Petitioner states: 1. The homeowners in Windemere subdivision wish to limit access to the Vacation Area by installing gates on Windemere Blvd. Gates are discussed in Exhibit "B" which is attached hereto and incorporated herein. It is felt that the installation of gates will provide added security to the homeowners by restricting access by unwanted solicitors and unauthorized pedestrians and vehicles. 2. Windemere subdivision is only accessible by way of Windemere Blvd. from its intersection with W. 106th Street. The Vacation Area provides access only to Windemere subdivision homeowner properties. 3. No properties adjoining Windemere subdivision are accessible by way of the Vacation Area. 4. There is no school, church or other public building or place located within Windemere subdivision. Exhibit tA— Gates Petitioner proposes: 1. Gates to be installed on Windemere Blvd at a minimum of 60' south of the 40' half right of way of W. 106th street. 2. Gates shall be designed such that the default position, in the event of a power failure, is the OPEN position. I The location and design of the gates shall comply with the provisions of the Carmel City Code, Chapter 10 Zoning and Subdivision, Article 2 Subdivision Regulations, Chapter 6 Standards of Design, 6.03.26 Gates. 4. Upon conditional/preliminary approval of this Petition, Petitioner will proceed with the design of the gates. Petitioner will then provide complete design details of the gates, including location, operating parameters and architectural style for final approval by the City. Exhibit WHEREFORE, the Petitioner respectfully requests the vacation of the above described public rights of way. WINDEMERE HOMEOWNERS ASSOCIATION, INC. Z'�"; ems.. . . Signature Printed Name ,4, FX1�c�P Bre rZE 9yfr'�- Title Date This instrument was prepared by Nils E. Lindstrom, 10394 Windemere Blvd, Carmel, IN 46032. Phone 317-574-0080. 1 affirm, under penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. 4bz-S E, ,CmD-5T�'��sn (Notary page follows) ExBibit—A-- 3 ,C`� State of Indiana ) �Vai 1 )SS County of ltan ) Before me, a Notary Public in and for said County and State, personally appeared Nils E. Lindstrom, who acknowledged execution of the foregoing, and who, having been duly sworn, stated that the representations contained are true.. Witness my hand and Notarial Seal this _day of F,.c )0 /7 SHAWN M. HAYDEN Notary.Public- Seal State of Indiana Notary Public My Commission Expires Oct 30. 2019 Printed: My Commission Expires: 0C-�-, 2,6 (� My County of Residence: 144g2, �0 AJ EXHIBIT lk" Windemere Subdivision The Exhibit "B" is a simple plot plan of Windemere subdivision showing all adjoining properties and the Vacation Area, namely Windemere Blvd, Chatham Ct, Bishop Circle, Hyde Park, High Grove Dr, and Charter Oaks. The Windemere subdivision plat is recorded as follows: Windemere Section 1, Secondary Plat, Instrument No. 9124826, Pages 1,2,3. Windemere Section 2, Secondary Plat, Instrument No. 9243002, Pages 1,2,3. Windemere Section 3, Secondary Plat, Instrument No. 9451483, Pages 1,2,3. Windemere Section 4A, Secondary Plat, Instrument No. 9439692, Pages1,2. Windemere Section 4B, Secondary Plat, Instrument No. 9909912451, Pages 1,2. Windemere Section 5, Secondary Plat, Instrument No. 9746088, Pages 1,2,3. Exb►ibit IVINDEDII-IM S'T'REET VACINFION Pl.jvr rIAP