HomeMy WebLinkAboutD-2590-21 Alley Vacation of ROW Ordinance; 3rd Street SE Alley
Sponsor(s): Councilor Rider
ORDINANCE D-2590-21
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
VACATING RIGHT-OF-WAY LOCATED ENTIRELY WITHIN
THE CORPORATE BOUNDARIES OF CARMEL, INDIANA
Synopsis: Vacates those portions of the existing Public Way known as the 3rd Street SE
Alley being the first east/west alley lying north of E. Elm Street, east of 1st Ave SE, located
entirely within the corporate boundaries of Carmel, Indiana.
WHEREAS, James E. Thomas (“Petitioner”), has 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, which is attached hereto and incorporated herein as Exhibit A;
WHEREAS, the public right-of-way to be vacated, those portions of the existing Public
Way known as the 3rd Street SE Alley, located entirely within the corporate boundaries of
Carmel, Indiana, are described in Exhibit B, attached hereto and incorporated herein (the “Right-
of-Way”);
WHEREAS, the vacation of the Right-of-Way will allow the Petitioner to commence
paving and improving the Right-of-Way as part of Petitioner’s home construction immediately
north of the Right-of-Way;
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 August 18, 2021;
WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on proposed
vacation of Right-of-Way was held by the Common Council of the City of Carmel, Indiana, on
the 20th day of September, 2021;
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 the northern one-half of the Right-of-Way to the immediately north
adjoining property owner and the southern one-half of the Right-of-Way
to the immediately south adjoining property owner.
Section 3. This Ordinance shall be in full force and effect from and after its passage
and signing by the Mayor.
Ordinance D-2590-21
Page One of Two Pages
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978
This instrument was prepared by: Samuel E. Swafford, Esq. and Mark R. Leach, Land Use Planner, Faegre Drinker
Biddle & Reath LLP, 600 E. 96th Street, Suite 600, Indianapolis, Indiana 46240.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number
from this document, unless it is required by law: Mark R. Leach.
PASSED by the Common Council of the City of Carmel, Indiana, this _______ day of
____________________, 2021, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Sue Finkham, President Kevin D. Rider, Vice-President
___________________________________ ____________________________________
Laura D. Campbell H. Bruce Kimball
___________________________________ ____________________________________
Jeff Worrell Anthony Green
___________________________________ ___________________________________
Adam Aasen Timothy J. Hannon
___________________________________
Miles Nelson
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2021, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2021, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance D-2590-21
Page Two of Two Pages
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978
5:15
4:15
0
Not Present
8
P
September
September
September
22nd
P
20th
22nd
Exhibit A
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978
Exhibit A, cont.
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978
Exhibit A, cont.
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978
Exhibit A, cont.
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978
Exhibit A, cont.
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978
Exhibit B
Legal Description and Depiction of the Right-of-Way
DocuSign Envelope ID: 1CF54EBF-D90F-4CD7-8110-F359C70D6978