HomeMy WebLinkAboutD-585 Vacate McNutt Property WHEREAS, Randall D. McNutt and Leslie McNutt, residents of
the City of Carmel, Indiana ("Petitioners") filed a Petition for
the Vacation of a Public Way, on the ~/ day of ~/~-~,
1988, '
WHEREAS, the following described public way lies entirely
within the Sixth, Eighth and Ninth Sections of Wilson's Village
as per the plat thereof.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the
City of Carmel, Indiana, that the following described real estate
located in the City of Carmel, Indiana, be and hereby is vacated
as a public way:
The real estate shown as "Future Street" on the plat of
Wilson's Village, Sixth Section, a subdivision of Clay
Township, Hamilton County, and also described as 40.00
feet by parallel lines of the southernmost portion of
the Sixth Section of Wilson's Village, as shown on the
plat thereof as recorded in the office of the Recorder
of Hamilton County on the 20th day of March, 1968.
ALSO, the real estate shown as "Future Street" on the
plat of Wilson's Village, Eighth Section, a subdivision
of Clay Township, Hamilton County, and also described
as 40.01 feet by parallel lines of the southernmost
portion of the Eighth Section of Wilson's ~illage, as
shown on the plat thereof as recorded in the Office of
the Recorder of Hamilton County on the 18th day of
March, 1969.
ALSO, the real estate shown as "Future Street" on the
plat of Wilson's Village, Ninth Section, a subdivision
of Clay Township, Hamilton County, and also described
as 40.01 feet by parallel lines of the southernmost
portion of the Ninth Section of Wilson's Village, as
shown on the plat thereof as recorded in the Office of
the Recorder of Hamilton-County on the 28th day of
July, 1970.
The provisions of this Ordinance notwithstanding, this
Ordinance shall not deprive a public utility of the use of all or
part of the real estate vacated hereunder if, at the time this
Ordinance is adopted, the public utility is Occupying and using
all or part of the vacated real estate for the location and
operation of its facilities.
The Common Council of the City of Carmel, Indiana,'declares
that this Vacation Ordinance shall be in full force and effect
upon the signing hereof.
DATED this ~/ day of November, 1988.
ATTEST:
S~n~w. Jones-
/Clerk-Treasurer
Dorothy J. H~6ck, Mayor
City of Carme~l, Indiana
The vacation of the parcel of ground in this ordinance is the property that
was dedicated as a future street (to be 126th Street) when Wilson Village
was platted. It consists of a 40 foot strip that was dedicated to the City
when 126th Street was scheduled to follow the property line.
In 1981 and 1982 when the Carmel Science and Technology Park was being
proposed, the Plan Commission and the City of Carmel reached an agreement
iii~ii~., durlng the negotiations whereby the future location of 126th Street (going
West) would curve south when approaching the area near Wilson Village, and
~remain South of the area that was covenented for condominiums (Timber
~g constructed) and apartments (The Arbors).
~ The Land Use Committee of the Plan Commission, as part of their motion
i~:i: i for a~proval, reconmended that this area in question be vacated along
~ with oLImr condtl, lons. (Ocl. obnr 12, 1982 Land IJeo Conm~lttoe
and Octol)or 1.9, ]982 lmml Usc Cummlttoe mtm~tos).
On October 19, 1982 the Plan Commission voted to approv~ the rezone aed
the Prelimhmry Development Plau for the Park "...based oa tim understauding
The rezone as approved by the Plan Co~nission, was approved by the
Carmel City Council on December 6, 1982, however, the vacation of this
parcel was not presented by the petitioners, and therefore was never
accomplished.
We would respectfully request that this Council write an end to this
six year quest to achieve what was agreed upon by the developers, the.
Plan Commission, and the neighbors when Carmel Science and Technology
Park was approved.
ADAMS
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