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Home My WebLink AboutD-1616-03 Vacate Cherry Tree Rd20040005~579 . Filed for Re¢opo in HAMILTON COUNTY. INDIANA JENNIFER J HAYDEN VACATION 21,00 SPONSOR: Councilor Wilson ORDINANCE NO. D-1616-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, VACATING A PORTION OF CHERRY TREE ROAD WHEREAS, Bank One Trust Company, N;A. Trustee of the Hazel Foster Trust ("Owner"), the owaer of the real estate described on what is attached hereto and made a part hereof as Exhibit "A" (the "Real Estate") and located in Clay Township, Hamilton County, Indiana filed with the City of Carmel, Indiana a Petition for Vacation of Right-of-Way, pursuant to Indiana Code 36-7-3-12; WHEREAS, the public right-of-way to be vacated is that portion of Cherry Tree Road lying within the boundaries of the Real Estate (the "Right-of-Way Segment"); WHEREAS~ the City of Carmel, Indiana has heretofore defined its corporate boundaries, and the Right-of-Way Segment is located within the corporate boundaries of the City of Carmel, Indiana; WHEREAS, with respect to the Real Estate, the Owner and Platinum Properties, LLC, have obtained from the Plan Commission of the City of Carmel, Indiana, primary plat approval under Docket No. 152-02PP (the "Primary Plat'); and WHEREAS, the Primary Plat identifies a street, to be constructed and dedicated, extending eastward, from Hazel Dell Parkway, across the northern boundary of the Real Estate (the "Internal Street"). DULY ENTERED FOR TAXATION Subject to final acceptance for transfer , ?-~ day of cl ~ ,20~ ,~ ~n.,~ ~ Auditor ~f Hamil~n Count'/ Parcel # NOW THEREFORE BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section I: That the Right-of-Way Segment be, and hereby is vacated, and ownership thereof shall revert to the Owner and its successors, assigns, and grantees; provided, however, that this vacation and reversion of Right-of-Way Segment shall not be effective until the dedication of the Intemal Street. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this [r-/~ day of ~"~-/~ ](V"(Lt_tD~.f~ 2003, by a vote of ~ ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL ~ ~resl"'d~ent ~ Yempore Robert Battreall arter ATTEST: Diana L. Cordray, IAMC, Clerk-TreasUrer .. undle ( Wayne Wi~lson 2 by me to the Mayor Pr¢3c~nt~d ~_ day o 2003, at ' [~-~0 ~_.M. of the City of Carmel, Indiana this D~ana L. Cordray, IAMC, Clerg-Trqasurer ! Approved by n~e, Mayor of the City of Carmel, Indiana, this / ~'- day of ,/-~4// 2003, at 7$~5 7~VI. ~s Br~ra~ard, M//ay~or~~~ ATTEST: Diana L. Cordray, IA_MC, Clcrk-T~urer Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 E. 98th Street Suite 220 Indianapolis, IN 46280 EXHIBIT "A" LEGAL DESCRIPTION A part of the Southwest Quarter and a part of the Southeast Quarter of Section 22, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest comer of said Southwest Quarter Section; thence North 00 degrees 27 minutes 51 seconds East along the West line of said Southwest Quarter Section 912.76 feet; thence North 89 degrees 58 minutes 42 seconds East 75.01 feet to the East right-of- way line of Hazel Dell Parkway as described in Right-of-Way grant per Instrument No. 9809822044 as recorded in the Office of the Recorder in Hamilton County, Indiana also being the POINT OF BEGINNING of this description; thence along said East right-of-way line the next four (4) calls; (1) North 03 degrees 32 minutes 17 seconds East 372.43 feet; (2) North 00 degrees 27 minutes 40 seconds East 300.00 feet; (3) North 02 degrees 24 minutes 06 seconds West 600.89 feet; (4) North 01 degrees 26 minutes 22 seconds East 456.30 feet; thence South 89 degrees 57 minutes 31 seconds East along the North line of said Southwest Quarter Section 2,559.85 feet to the Northeast comer of said Southwest Quarter Section; thence North 89 degrees 37 minutes 12 seconds East along the North line of the Southeast Quarter of said Section 181.06 feet; thence South 00 degrees 22 minutes 48 seconds East 500.00 feet; thence North 89 degrees 37 minutes 12 seconds East parallel to the North line of said Southeast Quarter Section 450.00 feet; thence North 00 degrees 22 minutes 48 seconds West 500.00 feet to the North line of said Southeast Quarter Section; thence North 89 degrees 37 minutes 12 seconds East along the said North line 688.30 feet; thence South 00 degrees 18 minutes 54 seconds West along the West line of Settler's Ridge At Haverstick, Section 2 as recorded in Instrument No. 200100045181 in the Office of the Recorder of Hamilton County, Indiana 1,773.59 feet to the North line of Stone Haven at Haverstick, Section 6 as recorded as Instrument No. 200100032800 in the Office of the Recorder of Hamilton County, Indiana; thence North 89 degrees 56 minutes 16 seconds West along said North line of Stone Haven 985.01 feet; thence North 00 degrees 03 minutes 44 seconds East 200.00 feet; thence North 89 degrees 56 minutes 16 seconds West 450.00 feet; thence South 00 degrees 03 minutes 44 seconds West 200.36 feet to the North line of Delaware Trace, Section 4 as recorded as Instrument No. 200000035110 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 58 minutes 42 seconds West along said North line of Delaware Trace 2,145.69 feet; thence North 00 degrees 06 minutes 16 seconds West 37.83 feet to the North right-of-way line of Cherry Tree as described in Deed Book 277, Page 284 as recorded in the Office of the Recorder in Hamilton County, Indiana; thence North 89 degrees 57 minutes 34 seconds West along said right-of-way 300.35 feet to the place of beginning, containing 149.538 acres, more or less. PETITION TO VACATE RIGHT-OF-WAY In support of this Petition to Vacate Right-of-Way, Bank One Trust Company, N.A. Trustee of the Hazel Foster Trust, and its successors and assigns (the "Owner"), the owner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") and located in Clay Township, Hamilton County, Indiana, respectfully submits the following: 1. Part of Cherry Tree Road, a public right-of-way, is located within the Real Estate; 2. On January 21, 2003, the Owner and Platinum Properties, LLC ("Platinum") obtained primary plat approval, pertaining to the Real Estate, under Docket No. 152-02PP; 3. The approved primary plat identifies a street, to be constructed and dedicated, extending eastward, from Hazel Dell Parkway, across the northern boundary of the Real Estate (the "Internal Street"); 4. The Owner respectfully requests that the portion of Cherry Tree Road lying within the boundaries of the Real Estate be vacated and that title thereto revert to the Owner; provided, however, that the Owner further requests that the vacation and reversion of Cherry Tree Road not be effective until the dedication of the Internal Street. WHEREFORE, the Owner requests that the Common Council of the City of Carmel, Indiana, adopt an ordinance vacating the segment of Cherry Tree Road located within the Real Estate, subject to the aforesaid condition. BANK ONE TRUST COMPANY, N.A. TRUSTEE OF THE HAZEL FOSTER TRUST Dated: January ~'//, 2003 By:~,~J Robert Comett, Vice President STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, appeared Robert Comett, the Vice President of Bank One Trust Company, N.A. Trustee of the Hazel Foster Trust, who acknowledged the execution of the foregoing Petition To Vacate Right- of-Way. WITNESS my hand and Notarial Seal thia.~,d~,ag.o.f-~lLIA~lrt4~ , 2003. My Commission Expires: ~'"~ . , Residing in County "----~ -- ) Printed Name HSJanet~Platinum\Cherry Tree,Pet. Vacate Right-of-Way. doc