The URL can be used to link to this page

Home My WebLink AboutD-1529-01 Vacate Durham/Dubl.Sponso~: Councilor Wilson Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN ORDINANCE NO. D-1529-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA VACATING CERTAIN PUBLIC RIGHTS-OF-WAY 07-28-2004 At 02:18 pm. VACATION 21.00 WHEREAS, the City of Carmel, Indiana, is considering a proposed Ordinance vacating certain rights-of-way with respect to Durham Drive and Dublin Drive; which are located in the City of Carmel, Indiana (the "Proposed Ordinance"); and, WH}~REAS, in the manner prescribed by Indiana Code §36-7-3-12-(c), the Clerk-Treasurer of the City of Carmel, Indiana, gave notice of the Proposed Ordinance and of the time and place of the public heating on the Proposed Ordinance; and WHI~REAS, a public hearing on the Proposed Ordinance was held by the Common Council of the City of Carmel, Indiana (the "Council"), the 6th day of August, 2001, and following the presentation of evidence at said hearing, the Council now finds as follows: (a) Hamilton County, Indiana ("Hamilton County") is the owner of Real Estate described in Exhibit "A", located in the City of Carmel, Indiana. (b) The vacation of the ri,gshts-o f-way of Durham Drive and Dublin Drive as specifically described in Exhibi~B will facilitate the development and construction of and anew roadway from north bound Keystone Avenue to 146th Street, which will intersect at the existing intersection of Greyhound Pass and 146th Street. (c) The owners of the real estate abutting the public rights-of-way to be vacated are Hamilton County, Indiana, and Kite Greyhound, LLC. (d) No evidence of probative value in opposition to the vacation was presented at the public heating held regarding the proposed vacation. (e) It has been demonstrated by a preponderance of the evidence that the vacation of these rights-of-way is in the best interests of the public. (f) The public rights-of-way with respect to Durham Drive and Dublin Drive, as identified hereinabove, should be vacated. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Pursuant to Indiana Code §36-7-3-12, those portions of the rights-of-way of Durham Drive and Dublin Drive as are located in Carmel, Indiana and specifically described in Exhibit B, are hereby vacated as public right-of-way and title to such vacated right-of-way hereby reverts to, and is vested in, the owners of the real estate abutting said rights-of-way. 2. The above vacation shall not be effective as to the interest of any public utilities located within the above described right of way. 3. This Ordinance shall be in full force and effect from and after the date ofits passage, the signature by the Mayor and such publication as is required by law. (~d~P^SSED by the Common Council of the City of Carmel, Indiana, this ~ l~ay of , 2001, by a vote of 7ayesand ~ nayes. COMMON COUNCIL FOR THE CITY OF CARMEL N.L. Rundle Robert Battreall ///l(onald E. tarter Attested: ~ieanr;_ TL;eCasOur rder~Y, ~C~ resented by me/t~ ~ayor of t~ City ,2001, at of Carmel, Indiana, th day of Diana L. Cordray, IAMC . Clerk-Treasurer ~ Approved by me, Mayor of the City of Carmel, this~:7~_~_/day of /~)/{fft/O P , 2001, at f~rnes Brainard, Mayor Attest: Clerk-T~:easurer Prepared by: Michael A. Howard, Attorney at Law, 694 Logan Street, Noblesville, Indiana 46060 (317) 773-4212. Exhibit A Lots 24, 25, 26, 27, 28, 29, 30, and 31 in Danbury Estates, Section 1 as per plat thereof recorded in Plat Cabinet 1, Slide 435 as Instrument Number 9429324 and corrected by Certificate of Correction dated September 4, 1996, and recorded September 13, 1996, as Instrument Number 9639010 in the Office of the Recorder of Hamilton County. Exhibit B Partial Vacation of Durham Drive Danbury Estates, Section 1 A part of the existing right-of-way of Durham Drive in Danbury Estates, Section 1, an addition in Hamilton County, Indiana, the plat of which is recorded as Instrument No. 9429324, in the Office of the Recorder of Hamilton County, Indiana, described as follows: Beginning at the southeast comer of Lot 26 in said Danbury Estates; thence North 0 degrees 49 minutes 25 seconds West (assumed bearing) 25.006 meters (82.04 feet) along the west right-of-way of said Durham Drive; thence Northwesterly 12.308 meters (40.38) feet along an arc to the left and having a radius of 15.24 meters (50.00) feet and subtended by a long chord having a bearing of North 23 degrees 57 minutes 35 seconds West and a length of 11.976 meters (39.29 fee0 along said west right-of-way line; thence Northeasterly 55.015 meters (180.50 feet) along an arc to the right and having a radius of 17.831 meters (58.50 feet) and subtended by a long chord having a bearing of North 44 degrees 10 minutes 10 seconds East and a length of 35.648 meters (116.96 feet) along said west right-of-way line and north right-of-way line of Durham Drive; thence Southeasterly 16.305 meters (40.38 feet) along an arc to the left and having a radius of 15.24 meters (50.00 feet) and subtended by a long chord having a bearing of South 67 degrees 41 minutes 29 seconds East and a length of 11.973 meters (39.28 feet) along said north right-of-way line; thence North 89 degrees 10 minutes 17 seconds East 12.365 meters (40.57 feet) along said north right-of-way and the south line of Lot 31 in said Danbury Estates; thence South 2 degrees 20 minutes 03 seconds East 15.245 meters (50.00 feet) to the south right-of-way of said Durham Drive and the north line of Lot 24 in said Danbury Estates; thence South 89 degrees 10 minutes 17 seconds West 21.419 meters (70.27 feet) along said south right-of-way line; thence Southwesterly 11.970 meters (39.21 feet) along an arc to the left and having a radius of 7.62 meters (25.00 feet) and subtended by a long chord having a bearing of South 44 degrees 10 minutes 17 seconds West and a length of 10.776 meters (35.35 feet) to the east right-of-way of said Durham Drive; thence South 0 degrees 49 minutes 43 seconds East 33.662 meters (110.44 feet) along said east right-of-way line and the west line of Lot 25 of said Danbury Estates to the southwest comer of said Lot 25; thence South 89 degrees 10 minutes 17 seconds West 15.240 meters (50.00 f ginning and containing 0.1724 hectares (0.426 acres) more or less. ~ ,:::: G~n under my h~and a~c~ seal 4 ~)\-3~ I Ti Gordon L. Richardson, L.S. Registered Land Surveyor No. S0489 July 12, 2001 d:\99k355~99355-001 .doc TOTAL AREA = 9578.0 m2 (100944 ft2) (PLAT) THIS PLAT WAS PREPARED FROM INFORMATION EXIST'lNG R/W = -0- OBTAINED FROM THE RECORDER'S OFFICE AND NET TOTAL AREA = 9378.0 m2 (100944 ft2) (PLAT) OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY. 150.55' / 1!4.[ Y //~, ,~y.~F ~ES "B"=532.5 m2(5730 m2' % CENTERU~SmAT~O~ / /~ ~"/W ISINMETRICSCALE. / - f ~/ //~ ~ PAR.~/ ~ NO. 4A ~ /, ~ ~ ~ ~/// .~,,c"= ~o~ ~,~¢~o ,,.,) ~__... ~~//~'~ ~ ~ ,, , ~f / BOAR[ ( F COM~ ISSICNERS OF HAMILTON CO. I ~ WARRA ITY DEE[ - INST[ ¢ 199909967747 .... 105.2T ~ DATI O JULY 3, 1997 ~ ~ 27 ~ , R "" 271 fi2, 12~.~ 7.03' -- / ////,' ' PAR. 135.7T /~ ~ ~ ~..' '-,.~, ~ o~ und~ m~ hond ~nd ~o, Z~C~ ~ ~01 ~ O~ ~:' -..~A : __ ' "'. STATE OF .-': Gordon L. Richordson, LS. Registered Lend Surveyor, No. S0489 PARCEL NO. 4 ,~o ,,,. ,o. ~c ~ ~. AMERICAN CONSULTING, INC. ,,,~: ,-,~-o, ,~, .'o. ~chitects 4165 MILLER~VILLE ROAD Co~ultants INDIANAPOLIS, IN 46205-2998 ~ s~: NaB of Eng~ers (313 ~7-5580 F~ (31~ ~3-0270 Cop~ight (C) 1966--2000 by Americon Consulting, Inc. JOB NO. 99-355