HomeMy WebLinkAboutD-1748-05 ROW/Hinshaw 3rd Ave.Sponsor(s): Councilor Mark Rattermann
ORDINANCE D-1748-05
200500027057
AN ORDINANCE OE THE COMMON COUNCIL OglI4tl~r Record in
CITY OF CARMEL, INDIANA H~HILTOH COUNTY, IHOI~Hh
to Vacate a Segment of Right-of-Way for ~ Avenu~2005 ~t 0?:57
(Description of the effect of the Ordinance) oa~isaacE
WHEREAS, Fredrick P. Hinshaw and Nancy B. Hinshaw, the o;vners of the real estate
described in 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 t6 Vacate Right-of-Way, pursuant to Indiana Code 36-7-3-I2;
WHEREAS, the public right-of-way to be vacated is that portion of 3ra Avenue NW lying
within the boundaries of the Real Estate (the "Right-of-Way Segment") which is legally
described in Exhibit "B" which is attached hereto and incorporated herein by reference;
WHEREAS, the City of Carmel, Indiana, has heretofore del'reed 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 a'n~t Eden Land Company, Inc.
obtained from the Plan Commission of the City of Carmel, Indiana., and from the Common
Council of the City of Carmel, Indiana, rezone approval to a PUD known as Monon& Main and
also obtained Architectural Design, Lighting, and Landscaping approval and Development Plan
approval identified under Docket Nos. 04070035Z and 04070036 ADLS/DP and Ordinance No.
Z-462-04 (collectively, "Approvals"); and
WHEREAS, the Approvals require that a portion of 3rd Avenue NW be realigned, which
portion of 3rd Avenue NW lies within the boundaries of the Real Estate (the "3rd Avenue NW
Realignment"). The area to be dedicated to accomplish the 3~a Avenue NW Realignment is
legally described in Exhibit "C" and graphically depicted in Exhibit "D" which are attached
hereto and incorporated herein by reference;
NOW, THEREFORE BE IT ORDAYNED by the Common Council of the City of
Carmel, Indiana, that the Right-of-Way Segment be, and it hereby is, vacated, and ownership
thereof shall revert to the Owner and successors, assigns, and grantees; provided, however, that
this vacation and reversion of Right-of-Way Segment shall not be effective until the Owner
dedicates new right-of-way to accomplish the 3'd Avenue NW Realignment.
C.~PASSED by the Common Council of thc City of Carmel, Indiana this I ~ 4 day of
2005, by a vote of (o ayes and i~ nays.
COMMON COUNCI~ FoR THE CITY OF CARMEL
Fr~k ~er,,~://.~ , ~ Mark Rattermarm
//Jo~Gfi~ths '// ~ Richard L. Sh~
a L. Cord ay, IAMC, Clerk-Treasurer
Presented by ille to the Mayor of the City of Carmel, Indiana this / ~'day of (.~3%~J/ 2O05,
at 7:t/0 _~.M.
IJ'{an~L. cordray, IAMC, Clerk-Treasu~r
Approved by me, Mayor of the City of Carmel, Indiana, this /~ r~day of (J43&-~j 2005,
at ~7: t/O ~9 .M.
/a/mes Bra~ng'rd, M/a~or '
ATTEST:
an L. Cordray, IAMC, Clerk-Treats~urer
Prepared by: James E. Shinaver, Nelson & Frankenberger, 3105 E. 98th Street, Suite 170,
Indianapolis, IN 46280
2
EXHIBIT
L_esal Descriotion
DESCRIPTION OF REAL ESTATE OF FREDERICK P. H1NSHAW
AND NANCY B, .H'I~,SFIAW
TRACT 1
A part of the East Half of the Northeast Quarter of Section 25, Township 18 North~ Range 3
East, described as follows: Begim~ing 69 rods ~, feet 6 inches West of the Southeast comer of
said Quarter section, mn thencd North 18 rods 7 feet, thence West 10 rods, thence South 18 rods
7 feet, thence East 10 rods to the place of beginning, the same being located in the Town of
Carmel, Hamilton County, Indiana, containing 1.15 acres, more or less.
Subject to the right of way for Main STreet (131" Street).
Subject to all legal easements and rights of way,
TRACT 2
Part of the East Half of the Northeast Quarter of Section Twenty-Five (25), Township Eighteen
(18) North, Range Three (3) East,' described as follows: Begin 51 rods and 14 feet West of the
Southeast comer of said Quarter Section and run North 1 $ rods and '7 feet, thence West 15 rods
and 10 feet, thence South 18 rods and 7 feet, thence East 15 rods and 10 feet to the place of
beginning, in Hamilton County, Indiana, containing 1.80 acres, more or less.
Subject to the right of way for Main Street (131 s' Street)
Subject to all legal'6agements and rights of way.
TRACT 3
A part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly described as follows: Begin at the
Southeast comer of the Southwest Quarter of the Northeast. Quarter of said Section 25, and run'
thence North on the East line ofsald Quarter Quarter Section 307 feet; thence West parallel with
the South line of said .Q,.uarter section 212.83 feet; thence South parallel with said East line, 307
feet to the South line 0fsaid Quarter Section; thence East on said South line 212.83 feet to the '
.. place of beginning, containing 1.50 acres, more or less.
Subject to the right of way for Main Street (131st Street)
Subject to all legal easements and rights of way.
_961fi E, 148th Street, Suite 6
Noblesville, IN 46060
(317) 776-8665 Phone
(317) 776-8666 Fax
www. mid-stateseng.com
EXHIBIT "s"
LEGAL DESCRIPTION
VACATION OF 3RD AVENUE NORTHWEST
BETWEEN MAIN STREET AND 1s~ STREET
A part of thc Northeast Quarter of Section 25, Township 18 North, Rang 3 East, of the
Second Principal Meridian, in Clay Township, Hamilton County, Indiana, more
particularly described as follows:
Commencing at the southeast comer of said quarter section; thence South 89 degrees 50
minutes 08 seconds West (assumed bearing per survey by Weihe Engineers, Inc. Job No.
W040314 dated May 18, 2004) along the south line of said quarter section 1114.24 feet
(per said Weihe survey) to the southwest comer ora tract of land described in Instr. No.
9110652 (TRACT "A") in the Recorder's Office of said Hamilton County and the
POINT OF BEGINNING of this description; thence continuing South 89 degrees 50
minutes 08 seconds West along said south line 30.00 feet to the southeast comer ora tract
of land described in DR 176, PG 220 (TRACT "B") in said Recorder's Office; thence
parallel with the west line of the east half of' said quarter section North 00 degrees 47
minutes 02 seconds East along the east line of said TRACT "B" 304.00 feet to the
northeast comer of said TRACT "B"; thence North 89 degrees 50 minutes 08 seconds
East 30.00 feet to the northwest comer of the aforesaid TRACT "A"; thence parallel with
the west line of said half-quarter section South 00 degrees 47 minutes 02 seconds West
along the west line of said TRACT "A" 304.00 feet to the point of beginning, containing
0.209 acre, more or less.
Aviation Engineering Landscape Architecture Site Engineering Surveying Transportation Engineering
..J ,
961S E. 148th Street, Suite 6
Noblesville, IN 46060
{317) 776-8665 Phone
(317) 776-8666 Fax
www. mid-stat~se~g.com
EXHIBIT 'C '"
LEGAL DESCRIPTION
DEDICATION FOR REMSED 3RD AVENUE NORTHWEST
BETWEEN MAIN STREET AND 1ST STREET
A part of the Northeast Quarter of Section 25, Township 18 North, Rang 3 East, of the
Second Principal Meridian, in Clay Township, Hamilton County, Indiana, more
particularly described as follows:
Commencing at the southeast comer of said quarter section; thence South 89 degrees 50
minutes 08 seconds West (assumed beating per guffey by Weihe Engineers, Inc. Job No.
W040314 dated May 18, 2004) along the south line of said quarter section 1067.00 feet
to the POINT OF BEGINNING of this description; thence continuing South 89 degrees
50 minutes 08 seconds West along said south line 44.00 feet; thence North 00 degrees 47
minutes 02 seconds East 81.61 feet; thence Norah 12 degrees 27 minutes 46 seconds West
180.72 feet; thence North 00 degrees 47 minutes 02 seconds East 45.78 feet to the north
line of a tract of land described in DR 176, PG 220 in the Recorder's Office of said'
Hamilton County; thence North 89 degrees 50 minutes 08 seconds East along said north
line and its extension and along the north line of the tract of land described in Instr. No.
9110652 in said Recorder's Office 44.00 feet; thence South 00 degrees 47 minutes 02
seconds West 41.40 feet; thence South 12 degrees 27 minutes 46 seconds East 180.72
feet; thence South 00 degrees 47 minutes 02 seconds West 85.99 feet to the point of
beginning, containing 0.311 acre, more or.less.
Aviation Engiaeedng Land$cal~e Architecture S/te £ngineering Surve¥1ng Transpor~atiofl Engineering
PREPARED BY
9615 Eas~. 148th Streel, Suite 6
Noble.ville, IF/46060
(317) 776-6665 Phone
(317) 776-6866 Fax
www.mid-.t ateseng.c~m
z
V~caflon of ~sl:moj 3rW Avenue N~hw~sb
De~:i~cabon of ~ 3~ Avenue Nor't:hw~'c
SCALE: 1" - 60'
5,59°50'0~'~f-30.0(7
44.0(7 $89°50'08'W-111424'
·POB-V~ados
.Sou~ L~e-~ ~
S~c, 25-TlgN-~E
EXHIBIT
JO8 NO. 122-028g
PETITION TO VACATE RIGHT-OF-WAY
APPROVED AS TO FORM BY~~'
In support of this Petition to Vacate Right-of-Way, Fredrick ~i. Hinshaw and'Nancy~B.
Hinshaw assert that they are the owners (collectively, the "Owner") of the real estate described in
what is attached hereto and incorporated hereby by reference as Exhibit "A" (the "Real Estate?)
located in Clay Township, Hamilton County, Indiana, and as the Owner, and on behalf of their
successors and assigns, respectfully submits the following:
That 3ra Avenue NW is a public right-of-way, and a portion of 3~a Avenue NW
dissects and divides the Real Estate. On December 20; 2004, pursuant to a rezone
application filed by the Owner and Eden Land Company, Inc., the Real Estate was
rezoned to a Planned Unit Development known as Monon & Main per Rezone
Ordinance Z-462-04 and Architectural Design, Lighting, and Landscaping approval
and Development Plan approval was also obtained under Docket Numbers
04070035Z and 04070036 ADLS/DP (hereafter collectively, "Approvals").
.2.
That the Appmv~als provide for the slight relocation~of 3rd Avenue N W, which is'to be
achieved by vacating a certain portion of 3rd Avenue NW 'and having the Owner
dedicate new right-of-way to allow for the construction of a new roadway area to
relocate 3ra Avenue NW.
That the Owner respectfully requests that the portion of 3rd Avenue NW which
dissects and divides a certain portion of the Real Estate be vacated and title thereto
revert to the Owner; provided, however, that the Owner further requests that the
vacation and reversion of 3ra Avenue NW not be effective until the dedication of the
new right-of-way to allow for the relocation of 3rd Avenue NW.
-That attached hereto and incorporated herein by reference as Exhibit "B", Exhibit
"C", and Exhibit "D" are the corresponding legal descriptions and graphic renderings
of the portion of 3rd Avenue NW to be vacated and the portion to be dedicated to
complete the realignment of 3rd Avenue NW.
WHEREFORE, the Owner requests that the Common Council of the City of Carmel, Indiana,
adopt an ordinance vacating the segment of 3ra Avenue NW which bisects and divides the Real
Estate, subject to the aforementioned conditions.
Dated:
Respectfully submitted,
Fredrick~P~. H~-nshaw
Nancy B]'~nsh~w' ~ ·
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public, in and for said County and State,
appeared Fredrick P. Hinshaw and Nancy B. Hinshaw, the Owners of the Real Estate, and
acknowledged the execution of the foregoing Petition To Vacate Right-of-Way.
'-.'~ ,W. ITNESS my hand and Notarial Seal this~'
day of March, 2005.
This document prepared by:
James E. Shinaver
NELSON & FRANKENBERGER
3105 E. 98th Street, Suite 170
Indianapolis, IN 46280
DEDICATION & DEED OF PUBLIC RIGHT-OF-WAY ~d~
APPROVED AST0 FORM BY,,
THIS INDENTURE WITNESSETH:
That Fredrick P: Hinsha~v and Nancy B. Hinshaw ~ ointly and individually the "Grantor"), the fee
simple owner(s) of the following described real property (collectively referred to as "Property")
legally described in attached Exhibit "A" and Exhibit "B', incorpemted herein by this referepee,
which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants,
conveys and warrants in fee simple and with no reversionary rights whatsoever retained, all of
Grantor's rights, title, and interest in the property, to the City of Carmel, Indiana ("Grantee"),
Subject to all:existing easements'and rights-Of-way of record, for the sum of One Dollar(S1:00) and ':
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged. Attached hereto and referred to herein by reference as Exhibit "C" and Exhibit "D"
are graphic renderings of the Property which is the subject of this Dedication and Deed of Public
Right-of-Way.
This conveyance of real estate is not subject to Indiana gross income tax.
IN WITNESS WHEREOF, Grantor has executed this InstrUment on the ~ day of '9--~//-Y,~c J , 2005.
"GRANTOR" .
Fredrick P. Hinshaw
Nancy B. gtiashaw
200500022613
Filed for Record in
NAflILTON COUNTY, INDIANg
JENNIFER J HAYDEN
04-18-2005 At 01:2¢ pm.
RI OF WAY 17.00
STATE OF INDIANA }
COUNn, OF IJ _ }
Before me; the undersigned NOTARY PuBLIC in 'and for said County and State, p6rsonally appeared the abov~ and
acknowledged executing the foregoing Dedication and Deed of Public Right-of-Way.
Witness my hand ~. dNotarial Seal this d~'v'~-/.~f -7.~' a_.--a:,/c.J ,2005.
·
otary (
MY COMMISSION EXPIRES:
COU n'OF S ENCE: . '
Instrument prepared bY: Dodglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
H:Uanct~Kosenegvlonon & Main~edication ROW.doc
C(toE o¢ (o ?mel
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
'WHEREAS, the foregoing Grantor having filed with the City of Cannel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the purpose of establishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Exhibit "A" hereinabove set forth;
AND ~,VHEREAS, {he City believes that said fee simPle conveyance of property is desirable and
necessary and in ~he City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby
accepts said Dedication and Deed, and Orders that the Instrument of Dedication and Deed described
herein be'recorded in the ReCorder's Office of the County of Hamilton, State of Indiana, and that
said deschbed real property be, and the same hereby is, declared open and dedicated to the City.
SO0~E~D~
CITY OF CARIvlEL BOARD OF PUBLIC woRKs & SAFETY
James Brai_nard Mayor
ATTEST:
Date: ~ __ ~ ·
Mary Ann l~urke
Da e. -
Date: ~ ' /'/O~
~iana L. Cordray, I~MC, Cl~Treasurer
lnstrumeat prepared by: Douglas C. Haney, Carmel City Altm~aey, One Civic Square, Carmel, Indiana 46032
ONE CIVIC SQUARE Ciq2~dvlZEL, INDIANA 46032 317/571-2400
Mid,S ates
9615 E. 148th Street, Suite 6
Nobtesville, IN 46060
(317) 776-8665 Phone
(317) 776-8666 Fax
www. mid-statese n g.com
EXHIBIT "A"
LEGAL DESCRIPTION
DEDICATION OF RIGHT-OF-WAY FOR MAIN STREET
A part of the No[theast Quarter of Section 25, Township 18 North, Rang 3 East,-ofthe
Second PrinciPal Meridian, in Clay ToWnship, Hamilton County, Indiana, more "'
particularly described as follows:
Commencing at the southeast comer of said quarter section; thence South 89 degrees 50
minutes 08 seconds West (assumed beating per survey by Weihe Engineers, Inc. Job No.
W040314 dated May 18, 2004) along the south line of said quarter section $56.74 feet
(per said Weihe survey) to the southeast comer ora tract of land described in Instr. No.
9110652 (TRACT "A') in the Recorder's Office of said Hamilton County and the
POINT OF BEGINNING of this description; thence continuing South 89 degrees 50
minutes 05 seconds West along said south line 665.33 to the southwest comer ora tract
of land described in DR 176, PG 220 (TRACT "B") in said Recorder's Office; thence
parallel with the west line of said half-quarter section North 00 degrees 47 minutes 02
seconds East along the West line of said TRACT "B" 35.00 feet; thence parallel with said
south line North-S9 degrees 50 minutes 0g seconds East 135.78 feet to a point on a non-
tangent curve having a radius of 70.00 feet, the radius point of which bears South 60
degrees 09 minutes 52 seconds East; thence northeasterly, easterly, and southe,astefly
along said curve an arc distance of 146.61 feet to a point bearing North 59 degrees 50
minutes 08 seconds East from the radius point; thence parallel with the south line of said
quarter section North 89 degrees 50 minutes 08 seconds East 408.31 feet to the east line
of said TRACT "A"; thence South 00 degrees 47 minutes 02 seconds West along said
east line 35.00 feet to the point of beginni~ng, containing 0.604 acre, more or less.
Aviation Engineering Landscape Architecture Site Engineering Surveying Transportation Engineering
Mid. States
9615 E. 148th Street, Suite 6
Noblesville, IN 46060
(317) 776-8665 Phone
(317) 776-8666 Fax
www. mid-statese~g.com
EXHIBIT "B"
LEGAL DESCRIPTION
DEDICATION FOR REVISED 3~o AVENUE NORTHWEST
BETWEEN MAIN STREET AND1sT STREET
A l~art of the Northeast Quarter of Section 25, Township 18 North, Rang 3 East, of the
Second Principal Meridian, in Clay Township, Hamilton County, Indiana, more
particularly described as follows:
Commencing at the southeast comer of said quarter section; thence South 89 degrees 50
minutes 08 seconds West (assumed bearing per survey by Weihe Engineers, Inc. Job No.
W040314 dated May 18, 2'004) along the south line of said quarter section 1067:00 feet
to the POINT OF BEGINNING of this description; thence continuing South 89 degrees
50 minutes 08 seconds West along said south line 44.00 feet; thence North 00 degrees 47
minutes 02 seconds East 81.61 feet; thence North 12 degrees 27 minutes 46 secor~ds West
180.72 feet; thence North 00 degrees 47 minutes 02 seconds East 45.78 feet to the north
line ora tract of land described in DR 176, PG 220 in the Recorder's Office of said
Hamilton County; thence North 89 degrees 50 minutes 08 seconds East along said north
-line and its extension and along the north line of the tract of land described in Instr. No.
91'10652 in said Recorder's Office 44.00 feet; thence South 00 degrees 47 minute~ 02
seconds West 41.40 feet; thence South 12 degrees 27 minutes 46 seconds East 180.72
feet; thence South 00 degrees 47 minutes 02 seconds West 85.99 feet to the point of
beginning, containing 0.311 acre, more or less.
Aviation Engineerbg Landscape Architecture Site Engineering Surveying Transportation Engineering
PREPARED BY
Mid. States
96~5 E~st 1,~*.h Street~ Suite 8
Noblesvil~e, iN
(3'i?) 776-6665 Phone
(317) 776-B6~6 Fax
www.mid-st~teseng.com
SCALE: 1" · 120'
De4J~abon of P~jht:-of-Way for Ma~n
3rd Avenue Norther: (50')
P~ 3rd Av-'nu= Northwest:
N~5°50~O~'E
I
RADIU5=70.OO' -
L~NGTlt= I
DELTA'" I
5&9°50~6'W-¢GS.33'
MAIN (131 st)STREET
S89o50'08'W
· 856.74'
EXHIBIT "c,".
tiNN (131~tI ~I~ET
JOB N0.122-0289
PREPARED BY
Mid. States
96~5 East 'i~8th Street; Suite 6
(3~ 7) 776-866~ Phone
(317) 778-866~ Fax
~,mid-stat~eng.~m
Vacabon ~ ~(~sbn~j 5rd Av~u~ Nod:hw~
D~t~abon of F, ropc~ 3rd Awnu~ Nor~w~t:
SCALE:.I" - 60'
5~9°5(70~"W-30.00'
44.00'
POB-Vac~tion
Parcel No. 16-09-25-02-03-017.000
MAIN (131 st) STREET
88g°50'08"W.1067.00'
S~°,50'08'W-1114.24'
South Line:NE Quarter
Sec, 25-T18N-R3E
EXHIBIT "~"
JOB N0. 122-028g