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Home My WebLink AboutOrdinance D-2656-22 vacating ROW.pdfSPONSORS: Councilors Rider, Aasen and Worrell This instrument was prepared by Jon A Oberlander, Carmel Corporation Counsel, One 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. 1 ORDINANCE D-2656-22 2 3 AN ORDINANCE OF THE COMMON COUNCIL 4 OF THE CITY OF CARMEL, INDIANA 5 VACATING RIGHT-OF-WAY LOCATED WITHIN THE LOT ONE 6 REDEVELOPMENT PROJECT 7 8 Synopsis: Vacates surplus right-of-way that is needed for the Old Meridian and Main 9 redevelopment project. 10 11 WHEREAS, JR Farmer Finance SC, LLC (“Petitioner”), has filed a Petition for Vacation of 12 Public Right-of-Way (the “Petition”) with the City of Carmel, Indiana, pursuant to Indiana Code §36-7- 13 3-12(b), which is attached hereto and incorporated herein as Exhibit A; 14 15 WHEREAS, the right-of-way to be vacated is located on the southeast corner of the intersection 16 of Old Meridian Street and Main Street, and is described in greater detail in Exhibit B, which is attached 17 hereto and incorporated herein by this reference (the “Right-of-Way”); 18 19 WHEREAS, the Right-of-Way is not being used as public right-of-way, and is necessary for the 20 completion of the Petitioner’s Old Meridian and Main redevelopment project; and 21 22 WHEREAS, the City of Carmel Board of Public Works and Safety voted to recommend the 23 vacation of the Right-of-Way at its meeting on December 7, 2022; 24 25 WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on proposed vacation 26 of Right-of-Way was held by the Common Council of the City of Carmel, Indiana, on the 19thth day of 27 December, 2022. 28 29 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 30 Indiana, as follows: 31 32 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 33 34 Section 2. The Right-of-Way shall be, and hereby is, vacated and ownership thereof shall 35 revert to the abutting property owners. 36 37 Section 3. This Ordinance shall be in full force and effect from and after its passage and 38 signing by the Mayor. 39 40 41 42 43 Ordinance D-2656-22 44 Page One of Two 45 SPONSORS: Councilors Rider, Aasen and Worrell This instrument was prepared by Jon A Oberlander, Carmel Corporation Counsel, One 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. 46 PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of 47 ________, 2022, by a vote of _____ ayes and _____ nays. 48 49 COMMON COUNCIL FOR THE CITY OF CARMEL 50 51 52 ___________________________________ 53 Kevin D. Rider, President Jeff Worrell, Vice-President 54 55 ___________________________________ ____________________________________ 56 Sue Finkam Laura Campbell 57 58 ___________________________________ ____________________________________ 59 H. Bruce Kimball Anthony Green 60 61 ___________________________________ ___________________________________ 62 Adam Aasen Tim Hannon 63 64 ___________________________________ 65 Miles Nelson 66 67 ATTEST: 68 69 __________________________________ 70 Sue Wolfgang, Clerk 71 72 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 73 _________________________ 2022, at _______ __.M. 74 75 ____________________________________ 76 Sue Wolfgang, Clerk 77 78 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 79 ________________________ 2022, at _______ __.M. 80 81 ____________________________________ 82 James Brainard, Mayor 83 ATTEST: 84 ___________________________________ 85 Sue Wolfgang, Clerk 86 87 Ordinance D-2656-22 88 Page Two of Two Pages EXHIBIT A .0 5 ,. ,11 C Part of: City of Carmel EXHIBIT "B" Warranty Deed - Instrument No. 200500078887 Parcel No. R/W (Tracts 1, 2 & 3) Part of: City of Carmel Warranty Deed - Instrument No. 200300123731 Parcel No. Permanent R/W Project STP-IN48/50 Parcel 34 (Tract 4) Land Description LEGEND �;:] SUBJECT REAL ESTATE fr. PROPERTY LINE A part of the Southwest Quarter of Section 25 and part of the Southeast Quarter of Section 26, both in Township 18 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, being part of that 6.25 acre tract of land shown on the plat of a boundary retracement survey of said tract certified by Steven W. Reeves PLS #20400005 on March 2, 2022 as HWC Engineering project number 2022-274-S (all references to monuments and courses herein are as shown on said plat of survey), being more particularly described as follows: COMMENCING at a Harrison Monument at the Northwest Corner of said Southwest Quarter; thence South 00 degrees 19 minutes 54 seconds West (basis of bearing = Indiana State Plane Coordinate System - East Zone) along the West line of said Quarter a distance of 119.73 feet to the POINT OF BEGINNING, said point being 1.0 foot, measured at right angle, southerly of an existing public concrete sidewalk, the following five (5) courses lie southerly and southeasterly of and parallel with the sidewalk at approximately 1.0 foot; (1) thence North 67 degrees 04 minutes 55 seconds East 41.00 feet to a point on a tangent curve to the left having a radius of 70.00 feet; (2) thence northeasterly along said curve an arc distance of 31.72 feet, being sub-tended by a chord bearing North 54 degrees 05 minutes 56 seconds East a chord distance of 31.45 feet; (3) thence North 41 degrees 06 minutes 57 seconds East 40.00 feet to a tangent curve to the right having a radius of 80.00 feet; ( 4) thence northeasterly and easterly along said curve an arc distance of 66.70 feet, being sub-tended by a chord bearing North 65 degrees 00 minutes 08 seconds East a chord distance of 64.79 feet; (5) thence North 88 degrees 53 minutes 20 seconds East 46.25 feet to a point on the west line of a tract of land described in Instrument No. 200300123731 in the Office of the Recorder of said Hamilton County; thence South 00 degrees 19 minutes 54 seconds West along said west line a distance of 9.91 feet to a point 40.00 feet south of the North line of said Southwest Quarter Section; thence North 89 degrees 03 minutes 23 seconds East parallel with said North line a distance of 95.53 feet to a point on the east line of said land; thence South 16 degrees 58 minutes 39 seconds West along said east line a distance of 26.27 feet to the southeast corner thereof; thence South 89 degrees 28 minutes 20 seconds West along the south line of said land a distance of 87.99 feet to a point on the east line of a tract of land described in Instrument No. 200500078887, the following four ( 4) courses are along the easterly, southerly and westerly lines of said land; (1) thence South 00 degrees 19 minutes 54 seconds West 109.84 feet; (2) thence South 89 degrees 03 minutes 23 seconds West 194.00 feet; (3) thence South 88 degrees 39 minutes 55 seconds West 78.56 feet to the easterly right-of-way of Old Meridian Street; ( 4) thence North 35 degrees 58 minutes 44 seconds East 40.96 feet to a point 1.0 foot, measured at right angle, southerly of said public concrete sidewalk; thence North 67 degrees 04 minutes 55 seconds East a distance of 59.49 feet to the Point of Beginning. Containing 0.61 acres, more or less. Prepared by: Steven W. Reeves Professional Surveyor #20400005 POINT OF COMMENCEMENT N.W. COR, SW 1/4 SEC. 25-T18N-R3E HARRISON MONUMENT W. MAIN STREET August 25, 2022 .:l �-- N. LINE SW 1/4 SEC. 25 -----,-----,4-----\-----l� --'�t,_=--=--=--=---==--==--=-- � _-_-.-1 _-_-- 00"1915411 I N. LINE SE 1 4 SEC. 26 ·a ,. C ,11 ;.., r--- ai S88"39 55 W � � 78.56' t3 t3 en en .z- .z - l.&.J � en en l.&.J l.&.J E �-� � I er, GRID NORTH O' 30' 60' --- - 90' - - SCALE: - - 1" = 60' This drawing is not intended to be represented as a retrocement or original boundary survey, a route survey, or a Surveyor Location Report. J!- '"'t--------------LLi-�_· ----------------"'T"""--------- .-------1 HWC OLD MERIDIAN & MAIN STREET CITY OF CARMEL - SPLIT PARCEL �- � .[ 135 INDIANAPOLIS, 317-N. 347-PENN��J��J,3663 IN 46204 ��ITE 2800 CARMEL, RIGHT-OF-INDIANA WAY INDIANAPOLIS - TERRE HAUTE LAFAYETTE - MUNCIE - NEW ALBANY www.hwcen ineerin .com PG 1 OF 1 DRAWN BY t--SWR ---------1 o::: (/) La.I CHECKED BY m-.t I 1--CLH ---------1 �� DATE z .- I t--8/-25/--2022 ------1 -:, �� N SCALE 1" = 60' 2022