HomeMy WebLinkAboutD-2539-20_Vacation_of_ROW; Intersection of Illinois Street, 103rd Street, and Superior StreetSponsor(s): Councilors Rider and Kimball
KD_11015671_1.docx
ORDINANCE D-2539-20
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
VACATING A PORTION OF PUBLIC RIGHT-OF-WAY
Synopsis: Ordinance vacates a portion of public right-of-way at the intersection of Illinois Street,
103rd Street and Superior Street in order to facilitate the development of the property.
WHEREAS, Carmel Indy Holdings, LLC (“Petitioner”), has submitted a petition to the City of
Carmel, Indiana, pursuant to Indiana Code §36-7-3-12(b) requesting the vacation of a portion of public
way at the intersection of Illinois Street, 103rd Street and Superior Street, as more particularly described
in the Petition attached hereto as Exhibit A (the
Right-of-Way”) which is located entirely within the corporation boundaries of the City of Carmel, Indiana
(the “Proposed Ordinance”); and,
WHEREAS, in the manner prescribed by Indiana Code §36-7-3-12(c), the Clerk of the City of
Carmel, Indiana, gave notice of the Proposed Ordinance and of the time and place of the public hearing
on the Proposed Ordinance; and
WHEREAS, a public hearing on the Proposed Ordinance was held by the Common Council of the
City of Carmel, Indiana (the “Council”), the 5th day of October, 2020, and following the presentation of
evidence at said hearing, the Council now finds as follows:
(a) The Right-of-Way was originally part of a roundabout at the intersection of Illinois Street,
103rd Street and Superior Street. Due to traffic changes in the area, 103rd Street no longer
connects to US 31 and the roundabout has been reconfigured. Accordingly, the continued
use of the Right-of-Way as public right-of-way is unnecessary.
(b) Petitioner and the City of Carmel entered into a Land Exchange Agreement dated
September 18, 2019, as amended (the “Exchange Agreement”), whereby the City and
Petitioner agreed to exchange certain real property, including the Right-of-Way. The
Exchange Agreement anticipates development of the Right-of-Way by Petitioner and such
development requires the vacation of the Right-of-Way as right of way.
(c) Petitioner is the sole owner of the real estate abutting the Right-of-Way.
(d) The City of Carmel Board of Public Works and Safety recommended approval of the
petition to vacate of the Right-of-Way on August 12, 2020.
(e) No evidence of probative value was presented at the public hearing held regarding the
proposed vacation that was in opposition to same.
Ordinance No. D-2539-20
Page One of Four Pages
DocuSign Envelope ID: 4A025EDE-291C-4EDB-8DAA-B41E08F5B9B0
(f) It has been demonstrated by a preponderance of the evidence that the vacation the Right-
of-Way is in the best interests of the public.
(g) The portion of public right-of-way at the intersection of Illinois Street, 103rd Street and
Superior Street, being the Right-of-Way as identified hereinabove, should be vacated.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
as follows:
1. Pursuant to Indiana Code §36-7-3-12, those portions of the rights-of-way at the
intersection of Illinois Street, 103rd Street and Superior Street, as are located in Carmel,
Indiana and identified in this Ordinance, shall be vacated as public right-of-way and title
to such vacated right-of-way shall revert to, and be vested in, the owner of the real estate
abutting said right-of-way, subject to the continuation of any and all easement rights for
public utilities and the satisfaction of the conditions in the following paragraph.
2. This Ordinance shall be in full force and effect from and after all of the following: the date
of its passage, signing by the Mayor, such publication as is required by law, and completion
of the exchange under the Exchange Agreement. Upon satisfaction of the foregoing, this
Ordinance shall be recorded with the Hamilton County Recorder’s Office.
Ordinance D-2539-20
Page Two of Four Pages
DocuSign Envelope ID: 4A025EDE-291C-4EDB-8DAA-B41E08F5B9B0
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________,
2020, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Laura D. Campbell, President Sue Finkam, Vice-President
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2020, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2020, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance D-2539-20
Page Three of Four Pages
DocuSign Envelope ID: 4A025EDE-291C-4EDB-8DAA-B41E08F5B9B0
5th
0
6th
P
October
9
P
October
6th
1:00
October 3:00
This instrument prepared by:
Tammy K. Haney, Esq.
Krieg DeVault LLP
12800 North Meridian Street, Suite 300
Carmel, IN 46032
(317) 238-6242
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law.
Tammy K. Haney
Ordinance D-2539-20
Page Four of Four Pages
DocuSign Envelope ID: 4A025EDE-291C-4EDB-8DAA-B41E08F5B9B0