The URL can be used to link to this page

Home My WebLink AboutD-1808-06 ROW/John Kirk Prop. Sponsor: Councilor Ratterroann ORDINANCE - D-1808-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA VACATING A PORTION OF A PUBLIC RIGflT -OF-WAY WHEREAS, John N. Kirk, Jr. and Lowell T. Kirk, (collectively referred to herein as "Petitioner"), has submitted a petition to the City of Carmel, Indiana, pursuant to Indiana Code g36- 7-3-l2(b) requesting the vacation ofa portion ofa public way commonly known as Old Meridian Streei, which is located entirely within the corporate boundaries of the City of Carmel, Indiana (the "Proposed Ordinance"); and, WHEREAS, in the manner prescribed by Indiana Code g36-7-3-l2-( c), the Clerk-Treasurer of the City of Carmel, Indiana, gave notice of the Proposed Ordinance and of the time and place of the public hearing on the Proposed Ordinance; and WHEREAS, a public hearing on the Proposed Ordinance was held by the Common Council of the City of Carmel, Indiana (the "Council"), the \9.~day Of~ ' 200J...., and following the presentation of evidence at said hearing, the Council no finds as follows: (a) Petitioner has entered into a contract with DS Development, LLC, predecessor to Pinnacle Pointe, LLC, ("Pinnacle"), for the sale and development of Petitioner' s real estate located adjacent to the public right-of-way and has submitted its petition for the vacation of a portion of the public .right-of-way. (b) The vacation ofthe portion ofthe right-of-way of Old Meridian Street, which is more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof, will allow Pinnacle to develop and construct a 19,250 square foot medical office building on the Kirk parcel adjacent to Old Meridian Street in accordance with the Development Plan approved by the Carmel Plan Commission under Docket No. 05120018DP/ADLS. (c) The Petitioner is the sole owner of the real estate abutting the public right-of-way to be vacated. Petitioner's real estate adjoining the portion of the right-of-way to be vacated is more particularly depicted and described in Exhibit "B". 725456\'2 Sponsor: Councilor Rattermann (d) The City of Cannel Board of Public Works and Safety recommended approval of the petition to vacate the portion of the public right-of-way of Old Meridian Street on May 17, 2006. (e) No evidence of probative value was presented at the public hearing held regarding this proposed vacation that was in opposition to same. (f) It has been demonstrated by a preponderance of the evidence that the vacation ofthis right-of-way is in the best interests of the public. (g) The portion of the public right-of-way with respect to Old Meridian Street, as identified hereinabove, should be vacated. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, as follows: 1. Pursuant to Indiana Code ~36-7-3-12, the portion ofthe right-of-way of Old Meridian Street, as located in Cannel, Indiana and more particularly described in Exhibit "A" ofthis Ordinance, is hereby vacated as public right- of-way and title to such vacated right-of-way hereby reverts to, and is vested in, the Petitioner, its grantees, successors and assigns of the real estate abutting said vacated public right-of-way. 2. This Ordinance shall be in full force and effect from and after the date of its passage and the signing by the Mayor. PASSED by the Common Council of the City of Cannel, Indiana, this ICli*day of ~ ,,-,-I, , 2006, by a vote of { ayes and ~ nayes. 725456v2 COMMON COUNCIL FOR THE CITY OF C ,. Richard L. Sharp, P sident Pro Tempore ~/ ~~/) onald E. Carter JlD. ('J'k. ~ Brian D. Mayo ~ CJ~aJr~ A TTEJ1\ _ I ~~ Diana L. Cordray, IAMC, Clerk- T urer Presented by me to the Mayor ofthe City of Carmel, Indiana, this.;).O ~ay of ~ 2006 at \ I', "5'-\ ft.m. . H Diana L. Cordray, IAMC, Clerk- Tre rer ,&. . Appz.d ~y me, Mayor of the City of Carmel, Indiana, thi~ day of ~ 2006 atll ~ tv-.... ~ -1 . -/nes Brainard, Mayor ATTEST: ~~ Diana L. Cordray, IAMC, Clerk Tr urer Prepared by: Paul G. Reis, Attorney at Law, Bose McKinney & Evans LLP, 600 E. 96th Street, Suite 500, Indianapolis, IN 46240 725456v2 I affirm, under the penalties for peIjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. P'U1G~~ 725456v2 .OO'l96 ~ .6S,to.OO N -ozu> ;:E:t: z - -" ~J:'~ '" - ~,. 0:'- ",' y.!'V EXHIIBIT A Ordinance D-1808-06 Page 1 of 2 , I m~ I . ... N", "U "'t~,,1 '" 0 ~~i "U 0 "'''' \3 '" :< '" 2' < ,. ~ 0 -" ,. ...,,, =' 6~ 0 <p~ z 0 "'z "" "'0 , '" 6. I, 0 I~" 6 0 g '" ,,, 0 ul~ 0 0 ~r z 0 '0 :E ~ .,.. a> "'-~ ?J~f5" a> .5 ~ "'. " ~~ -...1=;:, 0", , " .aJ:-iz b '" . , .Jl~~ .0 ... ... I '" . '" '.. ... --- - -- , , _e~-IIl~_____ ____,___---1 STREET -0 Z'" i ~~ - -z ~ J:'P\ ...... Vl:t: ",- o~ ",- $" ~ PROPOSED RIGHT OF ~!c~~~ACATION(5') CB PINNACLE POINT MEDICAL BUILDING DATE 2005-0052 CARMEL INDIANA CUENT NO. N/A N/A 03-27-06 REFERENCE SHEET of 2 -"~ "'-B::r;lnae...-su .YO'" .Of... .iMet. auft. .. NoIIIe.._.'J{ 4.. ,.,...., 2f7.770.factf F'uJ ,J17.nlL1.... 1'DIJ...... ,.....1.... Exhibit A Ordinance 0.1808-06 Page 2 of 2 LAND DESCRIPTION RIGHT-OF-WAY VACATION - OLD MERDIAN STREET A strip of land, 5.00 feet in width, over a part of the West Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East of the 2nd Principal Meridian, Clay Township Hamilton County, Indiana being more particularly described as follows: Commencing at the Southwest corner of said quarter section; thence on and along the East line thereof North 00004'59" West (assumed bearing), a distance of 987.00 feet; thence South 88049'49" West a distance of 380.02 to the East right-of-way line of US 31 (Meridian Street) being the POINT OF BEGINNING of the herein described easement; thence North 35017'03" East a distance of 374.39 feet; thence North 88039'04" West a distance of 6.03 feet; thence South 35017'03" West a distance of 374.71 feet to the South line of the owner's land; thence North 88049'49" East 6.22 feet to the POINT OF BEGINNING; Containing 0.0429 acres, more or less. 725456v2 EXHIBIT B Ordinance 0-1808-06 Page 1 of 2 " '" 0 " ~ '" ::i r z ~ z " . 0> ~ "'0> iD~ z , '" ? o . ~ ~tt 0 . 'f' '" w > :i: n " '" . r :; ~ !J:Ioc... '" . 0 II. N'~ :; ,,=::J '" ."';-lz 0; " "",' '" 0> 0 'P:::;-R" 0 ~ ~ 1,"* I ",(),~ ,"eJ l . ~i 6f'6S ZQf;'\ . o~~ MI.6S.tO.oo N NO I 0.,,0 RIGHT -Of-WAY 5:() ~ 4 TO CITY OF CARMEL g~==i ~ INSTR. NO 2003-36892 ~;c:~l ~__P.E:N~SY.kYANI~____________ ~~ l STREET C/l 0> enOl -.0- otet -... .'" . " i:> in ,OO'Le6 o~ .6S.'0.00 N -<zV> ;::E~ .z ....8 ",'-", u.!': ~V> ~ n '" .'" -< z~ ; ~:- Z _ . - Z - '-~ - v '" . ~ V> ~ n '" .'" ::e REMAINDER PROPERTY SCALE 1'''60' E9 ~ PINNACLE POINT MEDICAL BUILDING 2005-0052 CARMEL INDIANA CLIENT NO. N/A N/A DATE 04-27-06 REFERENCE SHEET of 2 EXHIBIT B Ordinance 0-1808-06 Page 2 of 2 PARCEL NO. 17-09-35-00-00-013.00 ADJACENT LAND DESCRIPTION Part of the Northwest Quarter of Section 35, Township 18 North, Range 3 East, 2nd P.M, Clay Township, Hamilton County, Indiana, Indiana, being more particularly described as follows: Commencing at the Southeast corner of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence on the East line of said quarter section, North 00004'59" West (assumed bearing) a distance of 987.00 feet to the Southeast corner of land described in a deed to John N. and Lowell T. Kirk, the deed of which is recorded in Deed Book 276, page 4 in the Office of the Hamilton County, Indiana Recorder; thence parallel with the South line of said quarter section and on the South line of said Kirk parcel, South 88049'49" West 61.01 feet to the Southwest corner of land described in a Condemnation of Real Property, Hamilton County Superior Court No.1, Cause No 29000.000-CP 0001, recorded as Instrument No. 2003-36892 in the Office ofthe Recorder of Hamilton County, Indiana, being the POINT OF BEGINNING of the herein described real estate; thence on the West line of said condemnation the following three courses: 1) North 00004'59" West 59.39 feet to Point #132; 2) North 06055'33" West 100.72 feet to Point #271; 3) North 00004'59" West 74.89 feet to the Southeast corner of a Right-of-way Dedication to the City of Carmel, Indiana, recorded as Instrument #2005-44899 in said Recorder's Office; thence on the South line of said grant the following two courses: North 27009'01" West 71.33 feet; 2) North 88039'04" West 57.83 feet to a point on the easterly right-of-way line (50-foot half right-of-way) of Old U.S. #31 (a.k.a. Meridian Street); thence on said easterly line, South 35017'03" West 374.38 feet to the South line of said Kirk parcel; thence on the South line of said Kirk parcel and parallel with the South line of the aforesaid Northwest Quarter Section, North 88049'49" East 319.02 feet to the Point of Beginning; containing 1.376 acres, more or less. 725456v2 ,. -.i' ~.~ PETITION TO V ACA TE A PUBLIC WAY LOCATED ENTIRELY WITmN THE CORPORATE BOUNDARIES OF CARMEL. INDIANA ;:> I. John N. Kirk, .Jr. and Lowell T. Kirk, ("Petitioners"), pursuant to Indiana Code 936-7- 3-12, do hereby respectfully petition the Common Council of the City of Carmel, Indiana, for the vacation ofa portion of the existing public way of Old Meridian Street, (the "Public Way"), located entirely within the corporate boundaries of Carmel, Indiana, as is described below and in the exhibits attached hereto and made a part hereof. 2. The portion of the Public Way being vacated is more particularly described in Exhibit "A" hereto and depicted in Exhibit "B" hereto, both of which are incorporated herein by this reference. 3. In support of this petition, the Petitioners submit the following: a) The width of the existing right of way in the portion ofthe Public Way to be vacated is 50 feet. The current and anticipated roadway improvements for the Public Way do not require 50 feet of width. b) Petitioners have entered into a contract with the D S Development, LLC, predecessor to Pinnacle Pointe, LLC, ("Pinnacle"), for the sale of the real estate located immediately to the east of and adjacent to the Public Way. c) Pinnacle is proposing to develop and construct a 19,520 square foot medical office building on the property adjacent to the Public Way. In order to landscape the site in accordance with the Carmel Zoning Ordinance, additional land is necessary to accommodate the required plantings. The office of the Carmel City Engineer and the Department of Community Services reviewed the proposed development plan and have agreed to support the vacation of a 5 foot strip from the existing Public Way in order to provide additional area on the site for landscaping. 4. The Petitioners are the sole owners ofland which abut the portion of the Public Way proposed to be vacated. Petitioners' address is as follows: John N. Kirk, Jr. and Lowell T. Kirk 12345 N. Old Meridian Street, , Carmel, IN 46032 (.. . _~t " WHEREFORE, the Petitioners respectfully request the vacation ofa portion of the above described Public Way. Petitioners I (! &/J _L~ John N, Kirk, Jr. Lowell T. Kirk &~c),JdJ Date 4fY; I z4, z.ooc, State ofIndiana ) )SS: County of Hamiton ) Before me, a Notary Public in and for said County and State, personally appeared John N. Kirk, Jr., and acknowledged the execution of the foregoing "Petition to V'!cate a Public Way" as his voluntary act and deed. I f: ~ > -f It.. 4#11.1 f " WITNESS my hand and Notarial Seal this day o(~ 20062..... : :::,. . - ~. - \..... " ~.. '" ~ -' _ ff/l1E:.'S 1< hffETlE~ (PrInted Signature) My Commission Expires: / (J ---,.< I ~ ,La- d --:;1 My County of Residence: /f/l.lll/L-T6~ .' ',- -:-' ".'. ';;" State of Indiana ) )SS: County of Hamiton ) Before me, a Notary Public in and for said County and State, personally appeared Lowell T. Kirk, and acknowledged the execution of the foregoing "Petition to Vacate a Public Way" as his voluntary act and deed. WITNESS my hand and Notarial Seal this A.IJ1~ 1< (Printed Signature) %'i' 1', "- -::::;,.P.... ". ~"'.. ... ... ., U11ff=:t= L.C-~' ~.."".~- My Commission Expires: /6 r ,;2/-.;.. cY6? My County of Residence: / If -4.1// l.- To <v Recommended for Approval to the Common Council of the City of Carmel, Indiana, this ~dayof '1 ~ ,200k CITY OF CARMEL, INDIANA Board of Public Works and Safety ~ By: '{)Dt- ~ James Brainard, Mayor Date: S/17 ~ 2of2 LAND DESCRIPTION PROPOSED RIGHT.OF-WAYVACATION OVER LAND OF JOHN KIRK A strip of land, 5.00 feet in width, over a part of the West Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East of the 2nd Principal Meridian, Clay Township Hamilton County, Indiana being more particularly described as follows: Commencing at the Southwest corner of said quarter section; thence on and along the East line thereof North 00004'59" West (assumed bearing), a distance of 987.00 feet; thence South 88049'49" West a distance of 380.02 to the East right-of.way line of US 31 (Meridian Street) being the POINT OF BEGINNING of the herein described easement; thence North 35017'03" East a distance of 374.39 feet; thence North 88039'04" West a distance of 6.03 feet; thence South 35017'03" West a distance of 374.41 feet to the South line of the owner's land; thence North 88049'49" East 6.22 feet to the POINT OF BEGINNING; Containing 0.0429 acres, more or less. EXHIBIT A Petition to Vacate a Pnblic Way Old Meridian Street - Kirk Parcel . ,00'L96 ~_6S..0.ooN ~~~ z . "n ~'O :.::~?' ~~ n~ "' ," " . , \ \ I I L_~~__----------~ SlRE[l ....... ,,' . Z , '" I ?, ".. ~ ~;t;g: Q ~~\! 2 I ~ ~! , ,~ I~~ ,t ~' ' o~~ ".. ,,~ . I . I " zc . .< r .. ". ~ ~.m iii lIJ;:rt R~ .~ , , , \ , \. \ " '. , \. , , " "\ \"">~;~'''' ". , o ~ ~~... ~ ~!!:~ ~ .1lI~;z . '. ~ . ,,' . z &: ~~ J "'// .- ~_.....:./ , ............~.~~~ PROPOSED RIGHT OF WAY VACATION(5') $tAL!l""CO' CB ~ PINNACLE POINT MEDICAL BUILDING ,+I~E80Y :{~t~..p.~_~_~~.'?~~.~~!...!_~~~~ OO..ihilli....E.o:gm'*"_r5... Surveyors .DI...i7.tl....t,....,..,/Jq ""W"''1i1h',:'H, 4'&lla ,.,..,.." ~,.,.,ro.l'" ,.., .1l7',,.,."-'UI T"''''_ f.lfQlll.MI..""" 2005-0052 CARMEL INDIANA CLIENT NO. N/A N/A DATE 0.3-27-06 REFERENCE SHEET of 2 EXHIBIT B Petition to Vacate a Pnblic Way Old Meridian Street - Kirk Parcel ]fu.VIES BRAINARD, MAYOR May 10,2006 Board of Public Works and Safety One Civic Square Carmel, IN 46032 RE: Old Meridian Street - Right-of-Way Vacation Dear Board Members: John N. Kirk and Lowell T. Kirk, owners of property at the intersection of Old Meridian Street and Pennsylvania Street, have requested the Board provide a favorable recommendation for the vacation of a portion of the public rigbt-of-way along the portion of Old Meridian Street that abuts the property. Tbe right-of-way vacation is associated witb tbe Pinnacle Point Medical Building project wbich is a 19,520 square foot medical office building on tbe subject property. Tbe proposed right-of-way vacation is a strip ofland 5-feet in width across the Old Meridian Street frontage of the property, approximately 374-feet. The Old Meridian Street right-of-way vacation is necessary to allow dedication of the right-of-way prescribed by the City ofCarmel20-year Thoroughfare Plan for the Pennsylvania Street frontage ofthe property while still allowing the proposed Pinnacle Point Medical Building project to develop the site as presented to the Plan Commission. It is the opinion of the Department of Engineering that the existing 100-foot (50-foot halt) right-of-way of Old Meridian Street is not necessary to accommodate future road improvements to this portion of Old Meridian Street. The petitioner will provide appropriate documentation to our Law Department for the preparation of Vacation of Public Right of Way documents that will be presented to Carmel City Council for final resolution. . The Department of Engineering recommends that the Board provide a favorable recommendation for the vacation of this right-of-way contingent upon the petitioner accepting, as a condition ofthis approval, responsibility for all costs associated with this right-of-way vacation including but not limited to the following: surveying work (field and office work), preparation of plats and descriptions, relocation or modification of any existing utility facility or other infrastructure necessary to accommodate the vacation and any necessary right-of-way restoration for such relocation. fO(L Mrc+tA~ T. Mc8fl1oe- Enclosures \\Apps2\user data\englsharedIDHillIBPW06\PINNACLEPOlNTR WV ACA nON.doc DEPAI{TMENT OF ENGfNEERING ONE CiVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@cannel.in.gov , .. ~(g~'1 DUL V !NTEREO FOR TmTION Subject to fInal acceptance for transfer ~daYOf~120.& e,,&;,.., ~ Aud~or of Hamilton Coun1y Parcel # 200600036344 filed for Record in HAnILTON COUNTY, INOIANA JENNIfER J HAYOEN 06-27-2006 At 11139 QM. . RT Of IIAY 17.00 DEDICATION & DEED OF PUBLIC RIGHT-OF-WAY THIS INDENTURE WITNESSETH: John T. . Kirk , Jr. who acquired title aa That'John N. Kirk, Jr. and Lowell Thomas Kirk Gointly and individually the "Grantor"), the fee simple owners of the certain real property (the "Property"), which is depicted and legally described in attached Exhibit "A", incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grant, convey and warrant 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 ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. IN WITNESS WHEREOF, Grantor has executed this Dedication and Deed of Public Right-of- Way on the 9th day of June, 2006. . ..,0<<" ,1,~A.1 !d!:i d~ :JIttmdA t:Ai. Lowell Thomas Kirk