HomeMy WebLinkAboutC-148 Second Street NE (RoW)ORDINANCE NUMBER C-
,030(
ORDINANCE TO VACATE A PORTION OF THE RIGHT-OF-WAY
OF SECOND STREET NORTHEAST AND AUDUBON DRIVE
WHEREAS, pursuant to I.C. § 36-7-3, et seq, the Carmel Clay
School Corporation and the Carmel High School Building Corpora-
tion (Petitioners) have filed a Petition to vacate a part of the
Right-Of-Way (Right-Of-Way).of Second Street Northeast and
Audubon Drive described herein; and
WHEREAS, the Petitioners are the fee simple owners of real
estate abutting the Right-Of-Way; and
WHEREAS, the Petitioners have committed to construct a road
that will replace the Right-Of-Way to be vacated, and that will
connect Second Street Northeast with Audubon Drive; and
WHEREAS, the Common Council of the City of Carmel, Hamilton
County, Indiana, held a hearing on the Petition to Vacate pur-
suant to IC § 36-7-3-12, at which hearing the Council determined
that: Thb~Recorde4 ~ '7 1~1
(1) The portion of the street sought ~~C~rN~$dar, ~ilt~o~n~, Inffiana
necessary to the orderly growth and development of the area
of the City of Carmel in which it is located.
(2) The replacement street that will be constructed by the
Petitioners connecting Second Street Northeast to Audubon
Drive will serve the same functional purpose as the portion
of the street sought to be vacated and will insure the
integrity of the City's existing road network.
(3) The vacation will not adversely affect the public's access.
to a church, school, or other public building or place, nor
hinder the use of any public way.
(4) The vacation will not make access to the lands of any pro-
perty owner in t!le City of Carmel difficult or inconvenient.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CARMEL,
INDIANA, that the portion of the Right-of-Way of Second Street
Northeast and Audubon Drive as described herein shall be vacated.
The vacation of the aforementioned Right-of-Way shall be effec-
tive at such time as the Petitioners shall commence demolition of
the existing pavement within said Right-of-Way and construction
of the new replacement roadway.
DULY ENT~D FOR TAXATION
Parcel #
0~dinance
Page 2
Dated this /~ day of ~, 1990.
This instrument prepared by Deborah L. Farmer, Attorney at Law,
198 South 9th Street, P.O. Box 2020, Noblesville, Indiana 46060.
q
Riqht-of-wa'
~f Second Street NortheasL and Auuubon D
~e to be vacated:
Part of the East Half of the Northwest Quarter of Section 30,
Township 18 North, Range 4 East, Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the East Half of the
Northwest Quarter of Section 30, Township 18 North, Range 4
East, Clay Township, Hamilton County, Indiana; thence South
89 degrees 57 minutes 39 seconds West (assumed bearing) on
the South line of said Northwest Quarter 1328.48 feet to the
Southwest corner of the East Half of said Northwest Quarter;
thence North 00 degrees 24 minutes 27 seconds East on the
West line of the East Half of said Northwest Quarter 625.00
feet; thence South 89 degrees 35 minutes 33 seconds East
247.50 feet to the intersection with the Southerly extension
of the West line of Lot #19 in Carmelwood as per the Plat
thereof recorded in Deed Book 136, Pages 356 and 357 in the
Office of the Recorder of Hamilton County, Indiana; thence
South 00 degrees 24 minutes 27 seconds West on said Southerly
extension 33.38 feet; thence South 89 degrees 35 minutes 33
seconds East 0.10 foot to the point of beginning for the
tract herein described, said point also being the point of
curvature of a tangent curve whose radius point bears North
00 degrees 24 minutes 27 seconds East 120.00 feet from the
point of curvature as well as being on the South right-of-way
line for Second Street Northeast; thence Northeasterly on
said curve an arc distance of 72.13 feet to the intersection
of the North line of Real Estate described in Deed Book 3,
Page 235 in said Office; thence North 89 degrees 57 minutes
39 seconds East on the North line of the Real Estate
described in said Deed Book 3, Page 235 and the North line of
the Real Estate described in Deed Book 140, Page 148 in said
Office 344.55 feet to the intersection with the Southerly
extension of the East line of said Carmelwood; thence South
00 degrees 24 minutes 27 seconds West on said Southerly
extension 25.00 feet to the South Right-of-Way line of Second
Street Northeast; thence North 89 degrees 24 minutes 52
seconds West on the South Right-of-Way line of Second Street
Northeast 412.41 feet to the point of beginning, containing
8.431 square feet (0.19 acre), more or less.
ALSO:
Part of the East Half of the Northwest Quarter of Section 30,
Township 18 North, Range 4 East, Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the East Half of the
Northwest Quarter of Section 30, Township 18 North, Range 4
East, Clay Township, Hamilton County, Indiana; thence South
89 degrees 57 minutes 39 seconds West (assumed bearing) on
the South line of said Northwest Quarter 1328.48 feet to the
Southwest corner of the East Half of said Northwest Quarter;
thence North 00 degrees 24 minutes 27 seconds East on the
West line of the East Half of said Northwest Quarter 625.00
feet; thence South 89 degrees 35 minutes 33 seconds East
247.50 feet to a Southwest corner of Carmelwood as per the
plat thereof recorded in Deed Book 136, Pages 356 and 357 in
the Office of the Recorder of Hamilton County, Indiana;
thence South 89 degrees 35 minutes 33 seconds East on the
South line of said Carmelwood a distance of 83.14 feet to the
point of beginning for the tract herein described, said point
of beginning being the point of curvature of a non-tangent
curve whose radius point bears North 43 degrees 23 minutes 07
seconds West 120.00 feet from the point of curvature; thence
South 89 degrees 35 minutes 33 seconds East on the South line
of said Carmelwood 329.36 feet to the Southeast corner of Lot
#1 in said Carmelwood; thence South 00 degrees 24 minutes 27
seconds West on the Southerly extension of the East line of
said Carmelwood a distance of 9.66 feet to the North line of
the Real Estate described in Deed Book 140, Page 148 in said
Office; thence South 89 degrees 57 minutes 39 seconds West on
the North line of the Real Estate described in said Deed Book
140, Page 148 and the Real Estate described in Deed Book 3,
Page 235 in said Office a distance of 344.55 feet to a point
'~ight-of-wa ~f Second Street
and Audubon _rive
Page 2
on the curve located South 34 degrees 01 minute 53 seconds
East 120.00 feet from a radius point, said radius point being
one and the same as described from the point of beginning;
thence Northeasterly on said curve an arc distance of 19.59
feet to the point of beginning, containing 3,692 square feet
(0.08 acre), more or less.
AND ALSO:
Part of the East Half of the Northwest Quarter of Section 30,
Township 18 North, Range 4 East, Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the East Half of the
Northwest Quarter of Section 30, Township 18 North, Range 4
East, Clay Township, Hamilton County, Indiana; thence South
89 degrees 57 minutes 39 seconds West (assumed bearing) on
the South line of said Northwest Quarter 1328.48 feet to the
Southwest corner of the East Half of said Northwest Quarter;
thence North 00 degrees 24 minutes 27 seconds East on the
West line of the East Half of said Northwest Quarter 625.00
feet; thence South 89 degrees 35 minutes 33 seconds East
247.50 feet to a Southwest corner of Carmelwood as per the
plat thereof recorded in Deed Book 136, pages 356 and 357 in
the Office of the Recorder of Hamilton County, Indiana;
thence North 00 degrees 24 minutes 27 seconds East on a West
line of said Carmelwood a distance of 8.40 feet to the
Southwest corner of Lot #19 as per the plat of said
Carmelwood; thence South 89 degrees 35 minutes 33 seconds
East on the South line of said Lot #19 a distance of 91.10
feet to the point of beginning for the tract herein
described, said point of beginning being the point of cur-
vature of a non-tangent curve whose radius point bears North
48 degrees 54 minutes 54 seconds West 120.00 feet from the
POint Of curvature; thence South 89 degrees 35 minutes 33
seconds East (this and the next two (2) courses are on the
perimeter of said Lot #19) a distance of 184.59 feet; thence
North 04 degrees 04 minutes 28 seconds West 12.15 feet to the
point of curvature of a tangent curve whose radius point
bears South 85 degrees 55 minutes 35 seconds West 270.00 feet
from the point of curvature; thence Northerly on said curve
an arc distance of 119.08 feet to a point being located 59.62
feet Southeasterly from the Northeast corner of said Lot #19
as measured along the East line of said Lot #19, said point
also being a point of curvature of a non-tangent curve whose
radius point bears South 04 degrees 31 minutes 21 seconds
East 140.00 feet from the point of curvature; thence Easterly
on said curve an arc distance of 10.88 feet to the point of
tangency of said curve; thence North 89 degrees 55 minutes 55
seconds East 31.21 feet; thence North 00 degrees 04 minutes
05 seconds West 142.83 feet to a point on the West line of
Lot #2 in said Carmelwood, said point also being the point of
curvature of a non-tangent curve whose radius point bears
South 89 degrees 39 minutes 11 seconds East 567.96 feet from
the point of curvature; thence Southerly on said curve and on
the West line of Lot #2 and Lot #1 of said Carmeiwood all arc
distance of 180.38 feet to the point of reverse curvature of
a curve whose radius point bears South 72 degrees 09 minutes
02 seconds West 320.00 feet from the point of reverse cur-
vature; thence Southerly on the West line of said Lot #1 an
arc distance of 76.94 feet to point of tangency of said cur-
ve; thence South 04 degrees 04 minutes 25 seconds East on the
West line of said Lot #1 a distance of 24.50 feet to the
Southwest corner of said Lot #1; thence North 89 degrees 35
minutes 33 seconds West on the South line of said Carmelwood
a distance of 243.36 feet to a point on the curve located
South 43 degrees 23 minutes 07 seconds East 120.00 feet from
a radius point, described from the point of beginning; thence
Northeasterly on said curve an arc distance of 11.58 feet to
the point of beginning. Containing 9,380 square feet (0.22
acre), more or less. ~Mm~t~4~ '7 l~