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Home My WebLink About04.29.2022 D-2620-22 ROW Vacation 2nd Street SE - RecordedDocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 DULY ENTERED FOR TAXATION Subject to final acceptance of transfer 29th day of April 2022 - AT �o- 7�`a aeo Auditor of Hamilton County bpg Parcel # R/W ORDINANCE D-2620-22 2022021816 VACA $25.00 04/29/2022 03:43:46PM 13 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented Sponsor(s): Councilor Rider AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA VACATING RIGHT-OF-WAY LOCATED 2ud STREET SE (SUPPLY STREET), EAST OF 0 AVENUE SE Synopsis: Vacates approximately 154.4' of right-of-way along 2"d Street SE (Supply Street) and part of the southwest quarter of Section 30, Township 18 North, Range 4 East WHEREAS, William D. & Rebecca Glascock and John D. Scott ("Petitioners"), have filed a Petition for Vacation of Public Right -of -Way (the "Petition") with the City of Carmel, Indiana, pursuant to Indiana Code §36-7-3-12(b), which is attached hereto and incorporated herein as Exhibit C; WHEREAS, the public right-of-way to be vacated, a portion of existing 21 Street SE (Supply Street), abutting properties with tax parcel identification numbers 16-10-30-03-02-008.000 and 16-10-30- 03-02-009.001 in Exhibit A and Exhibit B, attached hereto and incorporated herein (the "Right -of -Way"); WHEREAS, the vacation of the Right -of -Way will allow the Petitioners to make road improvements realignment as part of the new North End development before dedicating the road back to the city. WHEREAS, the City of Carmel Board of Public Works and Safety voted to recommend the vacation of the Right -of -Way at its meeting on March 16, 2022; WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on proposed vacation of Right -of -Way was held by the Common Council of the City of Carmel, Indiana, on the 18" day of April, 2022; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Right -of -Way be, and hereby is, vacated and ownership thereof shall revert to the abutting property owners. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 PASSED by the Common Council of the City of Cannel, Indiana, this April , 2022, by a vote of 8 ayes and 0 nays. DocuSigned uby� �E81 B8E1 EB56hA:.,... Kevin Rider, President Not Present H. Bruce Kimball rKD11,Si,n1d��by: ;� sDFaeaa Anthony Green Docusigned by: 8D18D798A6F246' Timothy J. Hannon ra oocusignea by: . &"" �FF2kl�F4-4 Adam Aasen ATTEST: oocusignea by: 883,38QB�'AQS+t4E6... Sue Wolfgang, Clerk 18th COMMON COUNCIL FOR THE CITY OF CARMEL �Docusignetl by: DCA333 Jeff Worrell, Vice -President oocusignea by: 7// — L Sue Finkam Docusigned by: �eerz Laura D. Campbell [Di —Signed by: tkts ln, e�eeAao Miles Nelson Presented by me to the Mayor of the City of Carmel, Indiana this 19th day of April 2022, at 4:15 P M. Docusigned by: —6'83A8967'A'9 Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this April 2022, at 5 :00 P M. 19th day of F Docusigned by: DS I James Brainard, Mayor aNarv¢xrea. ATTEST: DocuSigned by: B83ic8QC-N-R584-4 ... Sue Wolfgang, Clerk day of This instrument was prepared by Matthew S. Skelton, Church Church Hittle + Antrim, Two NorthNinth Street, Noblesville, Indiana 46074, (317) 773-2190. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Matthew S. Skelton. Ordinance D-2620-22 Page Two of Two Pages DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 EXHIBIT A Part of the Southwest Quarter of Section 3o, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Corner of the Southwest Quarter of Section 3o, Township 18 North, Range 4 East, in Hamilton County, Indiana; thence South oo degrees oo minutes oo seconds (assumed bearing) on the West line of said Southwest Quarter 638.00 feet; thence North 89 degrees 43 minutes oo seconds East, 364.50 feet to Northwest corner of the real estate described in Deed Record 124, Page 331 in the Office of the Hamilton County Recorder and the true Point of Beginning for the tract herein described; Thence North 89 degrees 43 minutes 00 seconds East, 154.50 feet to the corner of said property; thence North 00 degrees 00 minutes 00 seconds West, 30.00 feet; thence South 89 degrees 49 minutes 00 seconds West, 154.50 feet; thence South 00 degrees 00 minutes 00 seconds East, 30.00 feet to the Point of Beginning, containing 0.11 acres more or less. Ordinance D-2620-22 Page Two of Two Pages DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 EXHIBIT B SURVEY EXHIBIT NW CORNER SW QUARTER SECTION 30, TM, FAE NW CORNER HAMLTON COUNTY, INDIANA SW QUARTER SECTION 30, T18N, R4E WILLIAM D. JR. AND REBECCA GLASCOCK ;1 INSTRUMENT No. 2018-05172 0 0 0 o 0S89'43'00"W 154.40' w 0 0 0 tn 0 0 2ND STREET SE 0 a 0 oM 0.11 ACRES M '00 1n 0 z N89'43'00"E POB N89'43'00"E 364.50' 154.40' Lu 0 JOHN D SCOTT, TRUSTEE w 0 0 INSTRUMENT No. 2018021091 o co 0 0 LLJ rn rn (n o N z W Z W S89'49'16"W Q 154.50' I w w (/T 0 iD JOHN D SCOTT, TRUSTEE 0 t r 0 � INSTRUMENT No. 2018021090 0 0 In d Ln L0i1 z N89'55'28"E GRAPHIC SCALE 154.40' 0 20 40 80 SCALE : 1" = 40' LOT 6A REPLAT OF LOTS 6 & 7 JOHNA PHELPS' ADDITION LAND DESCRIPTION DESCRIPTION OF REAL ESTATE PART OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 4 EAST, IN HAMILTON COUNTY INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30. TOWNSHIP 18 NORTH, RANGE 4 EAST, IN HAMILTON COUNTY INDIANA; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS (ASSUMED BEARING) ON THE WEST LINE OF SAID SOUTHWEST QUARTER 638.00 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 00 SECONDS EAST, 364.50 FEET TO NORTHWEST CORNER OF THE REAL ESTATE DESCRIBED IN DEED RECORD 124, PAGE 331 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER AND THE TRUE POINT OF BEGINNING FOR THE TRACT HEREIN DESCRIBED; THENCE NORTH 89 DEGREES 43 MINUTES 00 SECONDS EAST, 154.50 FEET TO THE CORNER OF SAID PROPERTY; THENCE NORTH DO DEGREES 00 MINUTES 00 SECONDS WEST, 30.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 00 SECONDS WEST, 154.50 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11 ACRES MORE OR LESS. THE WITHIN PLAT AND SURVEY WERE PREPARED MILLER SURVEYING INC. M, 5�. WITHOUT THE BENEFIT OF A CURRENT TM 948 CONNER STREET POLICY AND ARE THEREFORE SUBJECT TO NOBLESVILLE INDIANA 46060 ANY STATEMENT OF FACTS REVEALED BY PH. A (317) 773-26" FAX 773-2694 EXAMINATION OF SCHEDULE "A" AND LOCATION: PART OF SW QUARTER DRAWN BY: MIJ CHK'D BY: KNA SCHEDULE "B" OF A TITLE POLICY. SECTION 30-T18N-R4E SCALE; 1" - 40' FIELD BOOK: DC HAMILTON. INDIANA FIELD WORK COMPLETED. NA DATE: 11-23-2021 PAGE DC CLIENT: ANDY WERT JOB NUMBER I SURVEY 4 FILE: DESCMP1ON: SURVEY EXHIBIT B40190 Ordinance D-2620-22 Page Two of Two Pages DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 JA\il?ti BRAINARD, MAYOR March 8, 2022 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE. RIGHT OF WAY VACATION — 2nd STREET SE Dear Board Members: William & Rebecca Glasscock along with John D. Scott, have requested the Board provide a favorable recommendation to vacate a portion of dedicated right of way for 2"d Street SE adjacent to their properties. This portion of the street dead ends at the petitioner's rear property lines and only serves 2 parcels. The property owners plan to construct a new driveway shared by both parcels currently served by the dead end street. Per the current City procedure for vacating public right-of-way, the City Engineer is responsible for validating the accuracy of the legal description provided by the surveyor and completeness of the vacation package. Based on the information provided to the Department of Engineering by the Petitioner, the petition, legal description and exhibit appears to be accurate. Upon approval by the Board, the petitioner will provide appropriate documentation to the Clerk's office that will be presented to the Carmel City Council for final resolution. The Department of Engineering recommends the Board provide a favorable recommendation for the vacation of the Right -of -Way as shown on the attached exhibit. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: VACATION PETITION AND EXHIBITS I)1Tm it 1.1Tl mr OI' F.XGI\P.l:N ISG ON[ Cnn Sgr\ei.. C:ueurt.. IN '10032 Oiric,r 31 ,-5 1.3iil F%, 317.ti-1?6' 1'MA P. �.�inccrkn,q;Fr:�n»c1.in_�;cn DocuSign Envelope ID: 342085EF-45CO-4F7A-8DOE-38F7973F2695 Petition to Vacate Public Right -of -Way John D. Scott Living Trust by John D. Scott, Trustee and William D., Jr. & Rebecca Glascock ("Petitioners"), pursuant to Indiana Code 36-7-3- 12, do hereby respectfully petition the Common Council for the City of Carmel, Indiana, for the vacation of a portion of the existing Public Right of Way of "2na Street SE" located cast of 1st Avenue SE (the "Public Way"), located entirely within the corporate boundaries of the City of Carmel, Indiana, as is particularly described below and in the exhibits attached hereto and made a part hereof. 2. The Public Right of Way being vacated is more particularly described in Exhibit "A" and depicted in Exhibit "B" hereto, incorporated herein by this reference. 3. In support of this petition, the Petitioner submits the following: A. The Public Way sought to be vacated will not hinder the growth of orderly development of Carmel, nor of the neighborhoods contiguous to or in which the Public Way is located. B. Vacation of the Public Way will not leave any adjoining or interested property owners without access to their real estate by means of a public way or street or make such access inconvenient or difficult. C. Vacating the proposed Public Way does not hinder the public's access to any church, school or other public place. D. Vacating the proposed Public Way does not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. 4. The following are the names and addresses of the owners of land which abut the property proposed to be vacated: William D., Jr. & Rebecca Glascock 541 Jacksons Grant Blvd Carmel, Indiana, 46032 John D. Scott, Trustee of John D. Scott Living Trust 211 1st Ave SE Carmel, Indiana 46032 DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 5. Due to the existing development on the property immediately east of the Public Way, the Public Way is a dead end street stub that serves no benefit to the community. The Petitioners request that the Public Way be vacated to enable and enhance the construction of a new residence. The additional lot area and elimination of the dead end street stub will allow enhanced home design on the property. Remaining page intentionally left blank DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 WHEREFORE, the Petitioner respectfully requests the vacation of the above described Vacation Area. PETITIONE John D S Living Trust, by John D. Scott, Trustee STATE OF INDIANA ) ) SS: COUNTY OF MW66 Before me, a Notary Public in and for said County and State, personally appeared —To h" -D , S60t� , and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this St'day of I/ , My commission expires: l 2 Z 2-D213 N tary Public' I am a resident of County, Indiana ki m WV IWW(XTZ- Printed Name DocuSign Envelope ID: 342085EF-45CO-4F7A-8DOE-38F7973F2695 WHEREFORE, the Petitioner respectfully requests the vacation of the above described Vacation Area. PETITIONER William D. GlascoFk, r. STATE OF INDIANA ) SS COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this /00--.day of My commission empires: lv otary Public I am a resident of County, Indiana 0 Printed Name DocuSign Envelope ID: 342085EF-45CO-4F7A-8DOE-38F7973F2695 My commission expires:�`7 31 a " Notary P blic I am a resident of Oarnt County, Indiana CHASITy GALYEAN Printed Name WHEREFORE, the Petitioner respectfully requests the vacation of the above described Vacation Area. PETITIONER lel�ecca G ascock STATE OF INDIANA ) } SS: COUNTY OF m�J ) Before me, a Notary Public in and for said County and State, personally appeared Qa6—ccc�.. J G U-cm�— , and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this 10 day of ekru , 20,DD_ jjd01 9#4j# �1 Y i"°. ft3e 4fla:. This instrument was prepared by Matthew S. Skelton, Church Church Hittle + Antrim, Two North Ninth Street, Noblesville, Indiana 46o74, (317) 773-2190. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Matthew S. Skelton. DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 Recommended for Approval this 16 day of March , 20 22. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: ouSigned by: F;,",/� 97 6F8218D6a3 ... James rmar �zPresiding Officer Date; DocuSigned by: AVM, t' 0 3%16 ke Member Date: DocuSigned by: B6D2 1 4 40D... -- Lori. Wa pon, zember Date: ATTEST: DocuSigned by: DocuSigned WON�i 683A89D 844 5 Sue Wo gan , ��erV Date: 3/ 6/2022 DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 Exhibit A Part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Corner of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, in Hamilton County, Indiana; thence South oo degrees oo minutes oo seconds (assumed bearing) on the West line of said Southwest Quarter 638.0o feet; thence North 89 degrees 43 minutes oo seconds East, 364.50 feet to Northwest corner of the real estate described in Deed Record 124, Page 331 in the Office of the Hamilton County Recorder and the true Point of Beginning for the tract herein described; Thence North 89 degrees 43 minutes oo seconds East, 154.50 feet to the corner of said property; thence North oo degrees oo minutes oo seconds West, 30.00 feet; thence South 89 degrees 49 minutes oo seconds West, 154.50 feet; thence South oo degrees o0 minutes oo seconds East, 30.00 feet to the Point of Beginning, containing o.11 acres more or less. DocuSign Envelope ID:342085EF-45CO-4F7A-8DOE-38F7973F2695 Exhibit B SURVEY EXHIBIT NW CORNER SW QUARTER SECTION 30, T ft ROE NW CORNER HAMILTON COUNTY, INI ANA SW QUARTER SECTION 30. T18N. ROE WILLIAM D. JR. AND REBECCA GLASCOCK a INSTRUMENT No. 2018-05172 b S89'43'00"W 154.40' o 0 2ND STREET SE o 0 0.11 ACRES rC) p 0 z N89'43'00"E POB N89'43'00•E 364.50' 154.40' JOHN D SCOTT, TRUSTEE w 4 b INSTRUMENT No. 2018021091 0 00 a � Ld o n C it o z LLJ D Z S89'49'16" W Q 154.50' w w (I1 0 o JOHN D SCOTT, TRUSTEE a r INSTRUMENT No. 2CIS021090 a a In y z GRAPHIC SCALE N89'55'28"E... 154.40' 0 20 40 80 SCALE : 1' = 40' LOT 6A REPLAT OF LOTS 6 & 7 JOHNA PHELPS' ADDITION LAND DESCRIPMN DESCRIPTION OF REAL ESTATE PART OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 4 EAST, IN HAMILTON COUNTY INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 4 EAST, IN HAMILTON COUNTY INDIANA: THENCE SOUTH OG DEGREES 00 MINUTES 00 SECONDS (ASSUMED BEARING) ON THE WEST LINE OF SAID SOUTHWEST QUARTER 638.00 FEET, THENCE NORTH 89 DEGREES 43 MINUTES 00 SECONDS EAST, 364.50 FEET TO NORTHWEST CORNER OF THE REAL ESTATE DESCRIBED IN DEED RECORD 124. PAGE 331 IN THE OFFICE OF THE HAM14TON COUNTY RECORDER AND THE TRUE POINT OF BEGINNING FOR THE TRACT HEREIN DESCRIBED; THENCE NORTH 59 DEGREES 43 MINUTES W SECONDS EAST, 154.50 FEET TO THE CORNER OF SAID PROPERTY; THENCE NORTH 00 DEGREES GO MINUTES 00 SECONDS WEST, 30.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 00 SECONDS WEST, 154.50 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 30.00 FEET TO THE POINT DF BEGINNING. CONTAINING 0.11 ACRES MORE OR LESS. THE WITHIN PLOT AND SURVEY WERE PREPARED Aak— MILLER SURVEYING INC. ° 5...... WITHOUT THE BENEFIT OF A CURRENT TITLE W COMER URWr POLICY AND ARE THEREFCRE SUBJECT TO MMLE NLLE P400044 48000 A.NY STATEMENT CF FACTS REVEALED BY PH. j (317) 773-780 FAX T73-26W t EK MMT10N OF SCHEDULE 'A' AND ABC+T1W PART OF SW RUARIEA ....._...__ _ . owiwii ar wd c io nv.� � NayT. _.. SCHEDULE 'B' OF A TITLE POLICY. SECTOW 30-T18N-R4€ SCALE. I' . 40' F�F, 0 H4&LTOK INOWU FiC10 WORN CCWLLTED. NA BATE: 11-73-2071 PAM ❑C A40Y WENT. J00 NUMBER SURVEY 4 LE: aFScelmaN; SURVEY EXHIBfT 1340190