D-2620-22 ROW 2nd Street SE vacation ord (recorded)DocuSign 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:
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Adam Aasen
ATTEST:
oocusignea by:
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Sue Wolfgang, Clerk
18th
COMMON COUNCIL FOR THE CITY OF CARMEL
�Docusignetl by:
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Jeff Worrell, Vice -President
oocusignea by:
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Sue Finkam
Docusigned by:
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Laura D. Campbell
[Di —Signed by:
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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
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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'
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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
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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
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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<OK INOWU
FiC10 WORN CCWLLTED. NA BATE: 11-73-2071 PAM ❑C
A40Y WENT. J00 NUMBER SURVEY 4 LE:
aFScelmaN; SURVEY EXHIBfT 1340190