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Home My WebLink AboutD-2650-22 Vacation of Platted Utility Easement at JR Farmer Finance Old Meridian & Main Redevelopment ProjectSponsor: Councilor Finkam This instrument was prepared by Jon A Oberlander, Corporation Counsel, City of Carmel, 1 Civic Square , Carmel, IN 46032. 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. Jon A. Oberlander. ORDINANCE D-2650-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA VACATING A PLATTED UTILITY EASEMENT WITHIN THE OLD MERIDIAN AND MAIN REDEVELOPMENT PROJECT Synopsis: Vacates a platted utility easement located within Petitioner JR Farmer Finance SC, LLC’s Old Meridian and Main Redevelopment Project. WHEREAS, JR Farmer Finance SC, LLC (“Petitioner”), has filed a Petition for Vacation of Platted Utility Easement (the “Petition”) with the City of Carmel, Indiana, pursuant to Indiana Code §§ 36-7-3-12 and 36-7-3-16, which is attached hereto and incorporated herein as Exhibit A; WHEREAS, the platted utility easement that is to be vacated is described in Exhibit B, attached hereto and incorporated herein (the “Easement”); WHEREAS, the vacation of the Easement is necessary for the Old Meridian and Main redevelopment project; WHEREAS, the City of Carmel Board of Public Works and Safety voted to recommend the vacation of the Easement at its meeting on November 2, 2022; and WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on proposed vacation of Easement was held by the Common Council of the City of Carmel, Indiana, on the 21st day of November 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 Easement is hereby vacated. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance D-2650-22 Page One of Two DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 Sponsor: Councilor Finkam This instrument was prepared by Jon A Oberlander, Corporation Counsel, City of Carmel, 1 Civic Square , Carmel, IN 46032. 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. Jon A. Oberlander. PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2022, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Kevin D. Rider, President Jeff Worrell, Vice-President ___________________________________ ____________________________________ Sue Finkam Laura Campbell ___________________________________ ____________________________________ H. Bruce Kimball Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2022, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2022, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2650-22 Page Two of Two Pages DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 22nd 3:45 November November P 0 November P 21st 3:30 22nd 8 Not Present PETITION TO VACATE A PLATTED UTILITY EASEMENT 1.JR Farmer Finance SC, LLC ("Petitioner"), pursuant to Indiana Code§§ 36-7-3-12 and 36-7-3-16, does hereby respectfully petition the Common Council of the City of Carmel, Indiana, for the vacation of a platted utility easement located within the Petitioner's Old Meridian and Main redevelopment project (the "Vacation Area"), which is located entirely within the corporate boundaries of Carmel, Indiana, and are more particularly described in Exhibit A, which is attached hereto and incorporated herein by this reference. 2.In support of this petition, the Petitioner submits the following: A.The Petitioner submits this petition pursuant to Indiana Code § 36-7-3-16 to respectfully request that the Common Council of the City of Carmel, Indiana (the "Council") vacate the platted utility easement described and depicted in Exhibit A. The Petitioner makes this request because the Petitioner is engaged in redeveloping the southeast corner of Old Meridian Street and West Main Street (the "Redevelopment Project"); the Vacation Area is located entirely within the Redevelopment Project. The Petitioner has created plans and specifications for the Redevelopment Project that are consistent with the desires of the City of Carmel, which includes the construction of buildings on the Vacation Area. The Petitioner respectfully requests that the Council vacate the Vacation Area to allow the construction of buildings within the Vacation Area. B.Vacation of the Vacation Area will not hinder the growth or orderly development of the unit or neighborhood in which said Vacation Area is located or to which the Vacation Area is contiguous. C.Vacating the proposed Vacation Area does not make access to the lands of any person by means of public way difficult or inconvenient. D.Vacating the proposed Vacation Area does not hinder the public's access to a church, school, or other public building or place. 3.The following are the names and addresses of the owners ofland which abut the easement proposed to be vacated: JR Farmer Finance SC, LLC 1017 W. Main Street Carmel, IN 46032 JR Farmer Finance SC, LLC 0 Old Meridian Street Carmel, IN 46032 EXHIBIT A DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 OLD MERIDIAN STREETW. MAIN STREET SHEET 1 OF 1 "PRELIMINARY PLAT" HAMILTON COUNTY, CLAY TOWNSHIP (SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST) CITY OF CARMEL, INDIANA Grid North Scale: 1" = 30' 15 30 600 THIS INSTRUMENT PREPARED BY: STEVEN W. REEVES HWC ENGINEERING 135 NORTH PENNSYLVANIA STREET, SUITE 2800 INDIANAPOLIS, IN 46204 PHONE: (317) 347-3663 DEVELOPED BY: EDWARD ROSE PROPERTIES, INC 11611 NORTH MERIDIAN STREET, SUITE 800 CARMEL, IN 46032 ’ SUBDIVISION MONUMENTATION MONUMENTS THAT ARE SHOWN ON THIS PLAT WILL BE SET IN PLACE AFTER THE RECORDATION OF THIS PLAT. AN AFFIDAVIT, CROSS-REFERENCED TO THIS PLAT, WILL BE RECORDED AFTER THE SUBDIVISION MONUMENTATION HAS BEEN COMPLETED NO LATER THAN TWO (2) YEARS AFTER RECORDATION OF THIS PLAT. SUBDIVISION MONUMENTS DENOTES A 5/8" DIA. STEEL ROD 12" LONG WITH 1-1/2" DIA. TAPERED BRASS CAP HAVING A CUT "X" IN TOP SET FLUSH WITH THE FINISH STREET SURFACE. DENOTES A 5/8" REBAR, WITH CAP MARKED "HWC ENGINEERING FIRM #0114", 30" LONG TO BE SET AT LOT CORNERS, INCLUDING BEGINNING AND ENDING OF CURVES AND THE INTERSECTION OF LINES. DENOTES 4"x4" CONCRETE MONUMENT SET VERTICALLY IN PLACE WITH AN IRON OR COPPER DOWEL SET FLUSH WITH THE TOP OF THE MONUMENT OR EXISTING R/W MARKER FOUND LOT NUMBER R/W RIGHT-OF-WAY S.F.SQUARE FEET REPLAT OF A PORTION OF LOT 1 IN R.A. FRANKE'S SUBDIVISION RADIUS L.LENGTH CH. BRG.CHORD BEARING CHORD LENGTH POINT OF BEGINNING R. CH. L. P.O.B. INSTRUMENT NUMBERINST. NO. EXHIBIT B DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659