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Home My WebLink AboutD-1809-06 Vacating Platted ROW/Rolling Meadows SPONSOR: Councilor Richard L. Sharp ORDINANCE D-1809-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL. INDIANA. VACATING A PLATTED RIGHT-OF-WAY WHEREAS, there is a platted subdivision known as "Rolling Meadows" in the City of Carmel, Hamilton County, Indiana; and . WHEREAS, within that platted subdivision, there is a platted, undeveloped, unnamed street and right-of-way adjacent to Pearl Street, betWeen Lots 27 and 28 oUhe subdivision (the "Property") as more particularly described in the attached Exhibit A; and WHEREAS, the Property is the access for Lot 53 to a public street known as Pearl Street; and WHEREAS, the current owners of Lot 53 have properly petitioned for the City to vacate such platted street and right of way; and WHEREAS, the City Engineer and the City Legal Departments, having reviewed the Petition, find it to be in order; and WHEREAS, the Board of Public Works and Safety has reviewed the pertinent information and recommended approval of the Petition; and WHEREAS, the platted street and right-of-way have not been developed as a street, and as they currently exists cannot be developed as a street, although the Property contains the driveway connecting Lot 53 to Pearl Street; and WHEREAS, the adjacent landowners of adjoining Lots 27 and 28 consent to the vacation of the platted street and right-of-way, as detailed in attached Exhibit B; WHEREAS, there has been no evidence of probative value presented in opposition to the vacation at the public hearing held regarding said vacation; and, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. Pursuant to Indiana Code 36-7-3-12, those portions of the platted street and right-of- way described in the attached Exhibit A are hereby vacated as public right-of-way and title as such vacated right-of-way hereby is conveyed to, and is vested in, the owner of the real estate served by said rights-of-way, being the owner of Lot 53. Section 2, The above vacation shall not be effective as to the interest to any public utilities located 'thi th b 'h f 2006000~0104 WI n ea oveng too -way, Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 07-13-2006 At 10:50 am. RT OF IIAY 25.00 DULY ENTERED FOR TAXATION Subject to final acceptance for transfer /3 day of ~ ,20~ .e~ ~ Audttor of Hamilton County SPONSOR: Councilor Richard L. Sharp Section 3. All prior Ordinance or parts inconsistent with any provisions of this Ordinance are hereby repealed. Section 4: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this fo+lA- day of o Ai.u J , 2006 by a vote of ~ ayes and ~ nays. o NOT Kevin Kirby Lt;). rfk.,~ Brian D. Mayo NOT P R.c~e~1 Mark Rattermann APpr5?ed ~~ me, Mayor of the City of Carmel, Indiana, t . 2006, at ; ~ 0' clock, ~. M. . . this ltflIaay of 2006, Presented by me to the Mayor of the City of Carmel, India at ~ ;3,5 O'clock, it. M. Diana L. Cordray, IAMC, Clerk-Trea r This document prepared by: Thomas . erkins, Assistant City Attorney for the City of Carmel. BOUNDARY STAKE SURVEY ROLLING MEADOWS ADDITION SECOND SECTION AMENDED 0.214 Acres :I: 167 Pearl Street, Carmel, IN .N' Scale: 1" = 3D' LOT 28 LOT 27 ./ -t... Land Description A part of the un-named street between Lots 27 and 28 in ROWNG MEADOWS ADDITION, SECOND SECTION AMENDED, the plat of which Is recorded in Plat Book 2, page 160 In the Office of the Recorder of Hamilton County, indlena and being more particularly described as follows: Beginning at the intersection of the Southeasterly Line of Pearl Street and the Northeasterly Llne of said un-named street, also being the Western most Corner of said Lot 28; thence Southeasterly 186.70 feet along the Southwesterly Line of said Lot 28 to a Southerly Corner of said Lot 28; thence Southwesterly parallel with said Pearl Street 50.00 feet to the Northeast Corner of said Lot 27; thence Northwesterly 186.70 feet along the Northeasterly Line of saId Lot 27 to the Northern most Corner of said Lot 27; thence Northeasterly along the Southeasterly Line of said Pearl Street extended, 50,00 feet to the point of beginning. , LOT 53 page 1 of 2 Prepared By: PC\.fRI5 ~fNf) ~YlNU 'OI~O ean 961:\1 5tr..~ PI""''''''', Indiana -'1'6~8 ("1) 8'l9-'l871 f", ('11) 8'l9--l9Z6 "EXHIBIT II 1/;- Certificate of Survey 1, Robert D. Peterson, duly licensed Land Surveyor in accordance with the laws of the Slate of Indiana do hereby certify that to the best of my professional knowledge, infonnation and belief, the within plat represents a survey made under my supervision on July 28"', 2005 on the following described tract: A part of the un-named street between Lots 27 and 28 in ROLLING MEADOWS ADDITION, SECOND SECflON AMENDED, the plat of which is recorded in Plat Book 2, page 160 in the Office of the Recorder of Hamilton County, Indiana and being more particularly described as follows: Beginning at the intersection of the Southeasterly Line of Pearl Street and the Northeasterly Line of said un-narned street, also being the Western most Corner of said Lot 28; thence Southeasterly 186.70 feet along the Southwesterly Line of said Lot 28 to a Southerly Corner of said Lot 28; thence Southwesterly parallel with said Pead Street 50.00 feet to the Northeast Corner of said Lot 27; thence Northwesterly 186.70 feet along the Northeasterly Line of said Lot 27 to the Northern most Comer of said Lot 27; thence Northeasterly along the Southeasterly Line of said Pearl Street extended, 50.00 feet to the point of beginning. In accordance with Title 865, Article 1, Chapter 12 of the Indiana Administrative Code (Rule 12), the following observation and opinions are submitted regarding the various uncertainties in the locations of the 1ines and comers established this survey as' a result of uncertainties in reference monumentation; in "recorded descriptions and plats; in lines of occupation; and as introduced by random errors in measurement ("Theoretical Uncertainty"). There may be unwritten rights associated with these uncertainties. The client should assume there is an amount of uncertainty along any line eqnal in magnitude to tile discrepancy in the 'location of the lines of possession from the surveyed lines. All surVey monuments set or found this survey are flush with the existing grade unless otherwise noted. The Theoretical Uncertainty (due to random errors in measurement) of the corners of the subjeet tract established this survey is within the specifications for a "Cia.. "B" Survey" (0.25 feet) as dermed in lAC 865. . The uncertainty associated with the comers set this survey as related to variances in reference monumenlation is 0.04 feet; as related to discrepancies in the record deed is 0.00 feet; and as related to inconsistencies in lines of possession L~ 4.9'. The Adjoiner's Garage encroaches the Northeasterly Line 4.9 feet. The rnonmnentation used this survey consisted of existing centerline control monuments, and various survey markers found per Record Plat thereof. All comers of the subject lot were monumented, as shown on the attached plat of survey with a 5/8" rebsr and set flush with existing grade, unless otherwise noted. No investigation or independent search was made for easements of record, encumbrances, restrictive covenants, ownership title evidence, ownership title evidence of the adjoiners or any other facts that an accurate and current title search may disclose. WITNESS my hand and Registered Land Surveyors Seal this 11th day of August, 2005. ;1A/ - \\\\\11111"",1. """" L.'\ t). PE'r """ ,S' fy'f. .......""'. ~..._~_ $ 9:j ~G\SlI~"~.... ~ ~ $s'I No \9.... .~I . ,~- ~ 'if i9600005j 'if i i. \ STATEOF I E ~ <:. ....<.......OlA~~ A- ~ ~ '+.0 ...",,,,,,,~~Q'$ """ suFN ""... """..n""\' Robert D. Peterson Registered Land Surveyor State of Indiana No. 9600005 page 2 of 2 Prepared By: PCVRl5 ~fNr) SlNYlNU IOI~O e_ 96th :.u..et. 1"1..10....... Indl"""'" 460~8 (!1m 8It9-/r1J77 fa< (!l11) 8It9-'r926 "F)(I-IIRIT f:l :L/!L " CONSENT TO PETITION TO V ACA TE RIGHT OF WAY James Michael Butts and Billie Jo Butts, property owners of Lot 28,163 Pearl Street, in the Rolling Meadows Subdivision, in Carmel, Indiana, do hereby consent to the Petition to Vacate Right of Way being submitted to the Carmel Board ofW orks on behalf of Joseph S. Nedder.and Karen R. Nedder to vacate the right of way in the Rolling Meadows Subdivision with the following legal description: A part of the un-named street between Lots 27 and 28 in "Rolling Meadows" Addition, Second Section, Amended, the plat of which is recorded in PlatBook 2, page 160, in the Office of the Recorder of Hamilton County, Indiana, and being more particularly described as follows: Beginning at the intersection of the Southeasterly line of Pearl Street and the Northeasterly line of said un-named street, also being the Western most comer of said Lot 28; thence Southeasterly 186.70 feet along the Southeasterly line of said Lot 28 to a Southerly comer of said Lot 28; thence Southwesterly, parallel with said Pearl Street, 50.00 feet to the Northeast Comer of said Lot 27; thence Northwesterly 186.70 feet along the Northeasterly line of said Lot 27 to the Northern most comer of said Lot 27; thence Northeasterly along the Southeasterly line of said Pearl Street, extended, 50.00 feet to the point of the . beginning. Dated: \., ,",,~-t Cb ~ ~\--\~~~ J s ichael Butts ~~CjJ~ ( le Jo Butts .' ~ s: \ M:\Edc\NEDDERJ.1SS58\CoIllent_ Butts.wpd ... .. "EXHIBIT.?J '/,;., b .....l~. .c..c.. "........~\..a..." 11;1.1' .ng ~..,lJ""""..V'" oJ'W'O''''I~ I'./'IoV~. ~/;) CONSENT TO PETITION TO VACATE RIGHT OF WAY Ka1rina Nelson Thomas, property OWl1er of Lot 27, 171 Pearl Street, in the Rolling Meadows ,Subdhfision, In Carmel, Indiana, does hereby consent to the htition to Vacate Right of Way being submitted ,to ~e Carmel BOard of Works on behalf of Joseph S. Nedder and Karen R, Neddcr to vacate th~ right of way in the Rolling Meadows Subdivision with the following legal description: A part ofthc un-niuned stTjlet betweenLots27,Ilnd 28 In ~'R,ol\lng Meadows" Addition, Second Section, Amended, the plalofwhleh Is recorded in Plat Beok 2, pe.ge 160, in the Office of the Recorder ofHamUton County, Indiana, and , belni more particularly described as follows: ;, Be~ning at the Intersection of the Southeasterly line of Pearl S1rcet IU1d the Northeasterly line of said un.named street, also being the Western most comer , of said Lot 28; thence Southeasterly 186.70 feet along the Southensterly'Une of said Lot 28 to a Southerly comer of said Lot 28; thence Southwesterly, parallel with said Pearl Street, 50,00 feet to the Northeast Corner of said Lot 27; thence Northwesterly 186.70 feet along the Northeasterly line of said Lot 27 to the Northern most corner of said Lot 27; thenCe Northeasterly along the Southeasterly line of said Pearl Street, extended, 50.00 feet to the point of the beginning. Dated: r,/~1W05 / ' ~Nir~ Katrina Nelson Thomas MI\II.40lNB1lDIW'.IUSII\CaMlllllo Tl\g11llll.. II EXHIBIT PJ #~ " RESOLUTION NO. BPW -05-17-06-08 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL. INDIANA. APPROVING THE VACATION OF PLATTED RIGHT OF WAY WHEREAS, the Board of Public Works and Safety ("the Board") has been presented with a Petition to vacate a platted street and right-of-way in the Rolling Meadows subdivision (the "Property"), more specifically described in the attached Exhibit A; and WHEREAS, the Property has been developed in such a way that use of the property as a street and right-of-way is not possible; and WHEREAS, the City Engineering and Legal departments have reviewed the proposed vacation of platted street and right-of-way and recommended vacation; and WHEREAS, the adjacent landowners have consented to the vacation, as evidenced in the attached Exhibit B; WHEREAS, the Board, having conducted a public hearing on the matter, determines that the evidence supports vacation of the platted street and right-of-way, and that there is no compelling reason to retain the street and right-of-way. NOW, THEREFORE BE IT RESOLVED by the Board of Public Works and Safety, that the platted street and right-of-way described in the attached Exhibit A be vacated. APPROVED AND ADOPTED by ,the Board of Public Works and Safety of the City of Carmel, Indiana, this 11 +'aay of M.......... , 2006. \ ,t-,JDr ~N.-~ James Brainard, Presiding Officer DU fLg~ Mary ~urke, Member Date: ~ Lori S. W~~/ /. Date: ~/_('1 ,()ff:' San ra M. Johnsoll; pUly Clerk for lana L. cordra~ ~C, rk- Treasurer Date: 5 I ()lo I [Z:\E &ss\My DocllnlClt!\BPW.ResoIuliDns'2OO6'oNeddcr_BPWS_ROWVawio!:l_P.csohuioll-dodlJf.lOO6 ),37 PM]