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Home My WebLink AboutD-1518-01 Vacate Carmel/AdamsORDINANCE NO. D-1518-01 SPONSoR(S): Councilor Snyder Instpument 200100059759 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, VACATING CERTAIN PUBLIC RIGHTS-OF-WAY WHEREAS, the City of Carmel, Indiana, is considering a proposed Ordinance vacating certain rights- of-way with respect to a portion of land in the northeast quadrant of the intersection of Carmel Drive and Adams Street, all of which is located in the City of Carmel, Indiana (the "Proposed Ordinance"); and, WHEREAS, in the manner prescribed by Indiana Code 36-7-3-i2 (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, WHEREAS, a public hearing on the Proposed Ordinance was held by the Common Council of the City of Carmel, Indiana (the "Council"), on the 21 st day of May, 200 i, and, following the presentation of evidence at said hearing, the Council now finds as follows: (a) Park Place Centre, LLC, an Indiana limited liability company ("Park Place") is the owner of Lot 2 of Block 2 of Carmel Science & Technology Park, located in the City of Carmel, Indiana. Park Place intends to have the land it seeks to have vacated re-platted as a part of Block 2, which will allow for a more orderly and less congested development plan for the Technology Park. The right-of-way to be vacated is located at the northeast quadrant of Carmel Drive and Adams Street, and is a triangular shaped tract of ground consisting of approximately 0.34 acres, as is further described in Exhibit A, attached hereto and made a part hereof by this reference. (b) The owner of the real estate abutting this public right-of-way proposed to be vacated is Park Place. (c) No evidence of probative value was presented at the public hearing held regarding this proposed vacation that was in opposition to same. (d) Due to the proposed construction and location of City Center Drive, this section of Adams Street and its intersection with Carmel Drive will become a lesser traveled route and will not be widened and improved as originally planned. This section of fight-of-way has not been used for public right-of-way purposes, is not now being used for same, has no improvements located thereon, and will not be used by the City for public right-of-way purposes. (e) It has been demonstrated by a preponderance of the evidence, as set forth above, that the vacation of the right-of-way described herein is in the best interests of the public. (0 Page One of Two Pages The public right-of-way identified herein and located at the northeast quadrant of Carmel Drive and Adams Street in Carmel, Indiana, should be vacated. DULY ENTERED FOR TAXATION Subject to final acceptance for transfer .,.%o day of %no- ,20,(2 !_ ,,~./.,u~ ~ Auditor of Hamilton County Parcel 200100052759 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 09-20-2001 02:26 pm. VACATION 23.00 Prep,a, red by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Snyder 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, that portion of the public right-of-way located in the northeast quadrant of Carmel Drive and Adams Street, located in Carmel, Indiana, as is identified in this Ordinance, is hereby vacated as a public right-of-way, and title to such vacated right-of-way hereby reverts to, and is vested in, the owner(s) of the real estate abutting said right-of-way. 2. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and such publication as is required by law. Indiana, th'~}~3~ day o~"~'~, 2001, PASSED by the Comnl.qn Council of the City of Carmel, -~,~, by a vote of ~ ayes and nays. //~ /~.~C?,,M,.M~.O_N~OUNCIL FOR THE CITY OF CARME~, 1NDIANA Wayne [. Wits n ATTEo~: Diar~ay, ~'A~~ 1 easurer · Presented by i~o the Mayor of the City of Carmel, Ipd~ana, thise,/~ day of 2001, at ~._~.m. ~ Diana L. Cordray, IAMC, Clerk-Tre-~surer Approved by me, the Mayor of the City of Carmel, Indiana,,Jihis dO,/ day of ?_.~Z~, 2001, ffaZmes Brainard, Mayor Diana L. Cordray, IAMC, Clerk:~/asurer Ordinance No. D- 1518-01 Page Two of Two Pages Prepared by ~ou,g. las C, Haney Carmel City Attorney PETITION TO VACATE PROPERTY LOCATED ENTIRELY WITltlN TIlE CORPOP, ATE BOUNDARIES OF CAP. MEL, INDIANA The Petitioner, Park Place Centre, LLC, an Indiana limited liability company, does hereby respectftdly petition the Common Council of the City of Cannel, Indiana, for the vacation of a portion of the platted right-of-way located in the northeast quadrant of tile intersection of Carmel Drive and Adams Street, and being contiguous to Block 2 in Carmel Science and Technology Park, a platted commercial industrial park (the "Public Way"). The Public Way is located entirely within the corporate boundaries of the City of Carmel, h~diana. Thc Public Way constitutes a parcel of land that is generally bordered to tile north and east by property owned by the Petitioaer, to the south by Adams Slreet, and to the west by Carmel Drive. The Public Way songht to be vacated is a triangular shaped tract of ground consisting of approximately 0.34 acres (14,806 sqnare feet), as shown on Exhibit A attached hereto and incorporated herein by this reference. The Public Way has never been used for right-of-way purposes, is not now. being so used and there are no improvements located therein. The legal description of the Public Way is set forth on Exhibit B attached hereto and incorporated herein by this reference. The Petitioner needs the Public Way wtcated to assist in the development of the Carmel Science and Technology Park by providing extra land to allow for a more orderly and less congested development plan for the park. The Petitioner is the fee simple title OWller of Block 2 in Carmel Science and Technology Park that is contiguons to the Public Way songht to be vacated. /'40 individual, other than Petitioner, owns property that abuts the Pnblic Wa3'. The Petitioner represents as follows: The Public Way sought tn be vacated will not hinder the groxx~h or orderly development of The vacation of the Public Way will not leave any adjoining or interested property owner(s) without access to their real estate by means of a public way or street nor make such access di£ficult or inconvenient. The vacation of the Public Wa5' will not hinder the public's access to any charch, school or other pnblic building or place. D. The vacation of the Public Wa)' will not hiuder the use of thc Public Way by any neighborhood in which it is located or to which it is contignous. ,/ WItEREFORE, the Petitioner prays for the vacation of the above-described Public Way. PARK PLACE CENTRE, LLC, an Indiana limited liability company ~4embe~ Signature Printed Name Address Date EXHIBIT A RIGHT-OF-WAY VACATION PREPARED FOR PARK PLACE \ PLAT CENTRE, LLC THIS RIGHT DF WAY VACATION SEC 55-THSN-RSE~.N__~8.40,54,. E--IFC-]327'7--~9'- ~-U~42'~-%~2'~--~1 CARMEL SCIENCE TECHNOLOGY PARK (P.D. 16, Pg. 65 - 71) GRAPHIC SCALE SEE EXHIBIT B FOR LEGAL DESCRIPTION 8 SEE EXRIB]T B FOR CURVE DATA DIMENSIONS SHOWN ARE FROM THE REFERENCED RECORD DOCUMENTS SURVEYORS STATEMENT To (he best of my knowledge end belief, this plot_hos been executed in accordance with the Indiono Adminis(rotion Code 865 lAC A. L. DeHart L.D. State af [ndignc: Req. istered Land Surve.vor No. 29500025 HATCHED AREA IS THE APPROXIMATE VACATED LAND · COPPERWEL[} SUBDIVISION MONUMENT KEELER- [EBB ASSOCIATES EXHIBIT B RIGHT-OF-WAY VACATION PLAF PREPARED FOR PARK PLACE CENTRE, LLC LEGAL DESCRIPTION UNE 2 TO3 3TO 4 4TO 5 5TO § 6TO 1 CURVE I KEEI,ER-WEBB ASSOCIATES O'¢~ER: CITY OF CARMEL SECTION: BLOCK: 2 TOWNSNIP: PROJECT: PARK Pt ACE CENTRE RANGE: /0 - / / ADAi'.4~ S TffEE7 BLOC'i( 7 6 H/OC'K 11 BLOCK 7 0.09 f7~ C.[P1 0 ,I 4~0 A~. ~ C~ARMEL OklVE