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HomeMy WebLinkAboutD-1821-06 ROW/Main & Rangeline DULY ENTERED FOR TAXAiION(i- . Subject to flnalecceptance for transfer ~day of y- ,20 lJ(, . ,e~ ~ Audttor of Hamilton County Parcel # COpy ORDINANCE D -1821-06 '_'\.. ,-,......~,f"'l...ilor Carter 200600050626 Filed for Record' flAI'/Il TON In JENNIFER 50~~~bENINDIANA 08-28-2006 At VACATION 02:01 OM. 33.00 AN ORDINANCE OF THE COMMON COUNCIL. OF THE CITY OF CARMEL, INDIANA VACATING A PORTION OF PUBLIC RIGHT -OF-WAY WHEREAS, Pedcor Residential, LLC ("Petitioner"), has submitted a petition to the City of Carmel, Indiana, pursuant to Indiana Code S36-7-3-12(b) requesting the vacation of a portion of public way commonly known as the Rangeline Road and Main Street, 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 S36-7-3-12-( 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 ~rdinanc~as held ~y the Common Council of the City of Carmel, Indiana (the "Council"), the~ day of \.~~ .2006, and following the presentation of evidence at said hearing, the Council now finds as follows: (a) Petitioner intends to develop the real estate abutting the public right-of-way to be vacated. The vacation of the portion of right-of-way at Rangeline Road and Main Street, more particularly described in the Petition attached hereto as Exhibit A, will facilitate the redevelopment of this parcel. (b) Petitioner is the sole owner of the real estateiihtrtting the public right-of-way to be vacated. (c) The City of Carmel Board of Public Works and Safety recommended approval of the petition to vacate the portion of the public right-of-way ofRangeline Road and Main Street on July 5, 2006. (d) No evidence of probative value was presented at the public hearing held regarding the proposed vacation that was in opposition to same. (e) It has been demonstrated by a preponderance of the evidence that the vacation ofa portion of this right-of-way is in the best interests of the public. (f) The portion of public right-of-way at Rangeline Road and Main Street, as identified hereinabove, should be vacated. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: 1. Pursuant to Indiana Code S36- 7-3-12, those portions of the rights-of-way commonly known as Rangeline Road and Main Street, as are located in Carmel, Indiana and identified in this Ordinance, are hereby vacated as public right-of-way and title to such vacated right-of-way hereby reverts to, and is vested in, the owner of the real estate abutting said rights-of- way. 2. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and such publication as is required by law. s-l- () PASSED by the Common Council of the City of Carmel, Indiana, this~ day of \), l. -F ' 2006, by a vote of l ayes and -.lL nays. COMMON COUNCIL FOR THE CITY OF ~~ nald E. Cart r Diana L. Cordray, IAMC, Cle -Treasurer D-1821-06 A~Q. fn<.. "- Brian D. Mayo ' at~, - Mark Rattermann 2 cSr Presented by me to the Mayor of the City of Carmel, Indiana, this 02 , day of au~ ' 2006 at -.9: 02 P.m. Diana L. Cordray, IAMC, Clerk-Trea Approved by me, Mayor of the City of Carmel, Indiana, this~ ~r day ofQ.u 2006" 'L oiIP.M. ~ R · t!- Jaj1{:s Brainard, Ma;o;- - ATTEST: ;Y This instrument prepared by: Ron Brown, Esq. Pedcor Bancorp 7703'" Avenue SW Carmel, IN 46032 (317) 705-7903 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. Ron Brown D-l82l-06 3 r .~... PETITION TO V ACA TE A PUBLIC WAY LOCATED ENTIRELY WITHIN THE CORPORATE BOUNDARIES OF CARMEL, INDIANA I. Pedcor Residential, LLC, an Indiana limited liability company, ("Petitioner"), pursuant to Indiana Code !}36-7-3-12, does hereby respectfully petition the Common Council of the City of Carmel, Indiana, for the vacation of the existing Public Way of Range line Road and Main Street located entirely within the corporate boundaries of Carmel, Indiana, as is particularly described below and in the exhibits attached hereto and made a part hereof. 2. The Public Way being vacated is more particularly described in Exhibit "A" hereto and depicted in Exhibit "B" hereto, which are incorporated herein by this reference. 3. In support of this petition, the Petitioner submits the following: "The Petitioner submits this petition pursuant to Indiana Code !}36-7-3-12 to respectfully request that the Common Council of the City of Cannel, Indiana vacate those portions of existing Public Right of Way described and depicted in Exhibits "A" and "B",respectively. The Petitioner makes this request to satisfY its obligations to the Carmel Redevelopment Commission ("CRC"), to develop a live/work development (6-units) ("Phase 1 Old Town Shops") at the corners of Range line Road and Main Street in the City of Carmel, Indiana. The CRC and the Petitioner entered into a certain Project Agreement ("Project Agreement") dated April 14, 2005, pursuant to which the Petitioner agreed to develop the Phase I Old Town Shops in collaboration with the CRC. Petitioner is constructing Phase I Old Town Shops pursuant to plans and specifications for the Phase I Old Town Shops that were developed by CRC and Petitioner under the terms and conditions of the Project Agreement ("CRC Approved-Plans"). The CRC Approved- . Plans approved the construction of building in the areas within the Public Right of Way described above. The Petitioner respectfully requests that the Common Council of the City of Carmel, Indiana vacate the areas of Public Right of Way that are the subject of this petition. This will allow the Petitioner to continue construction of the approved-buildings within those areas of the Public Right of Way pursuant to the CRC Approved-Plans." 4. The following are the names and addresses of the owners ofland which abut the property proposed to be vacated: Pedcor Residential, LLC One Pedcor Square, 770 3'd Avenue S.W., Carmel, IN 46032 r WHEREFORE, the Petitioner respectfully requests the vacation of the above described Public Way. ((}lI0 iJ Pri~/i:b/06 Date' State ofIndiana ) )SS: ) {3~;~:\ \i~.~i*~~:/ ABIG/IIL G FRANTZ Manor. CaLm ~ My CommiSSiO!1 EX~lres July 26, 2012 County of Hamilton ~ Before me, a Notary Public in and for said County and State, personally appeared tII~ J ~ ( iJI}Jv\ , and acknowledged the execution of the foregoing "Petition to Vacate a Public Way" as his/her voluntary act and deed. WITNESS my hand and Notarial Seal this I- ;:::;(g day ofJune, 2006. \ ~J6- ~ N Otary P ic Aoi~) &. ~,J2. (Printe Signature) My Commission Expires: } -1(, - )fil <.. My Cqu,nty of Residence: Mffi ("^ 2 Rep9mmende 6M- day of or Approval to the Common Council of the City of Carmel, Indiana, this ,200~. CITY OF CARMEL, INDIANA Board of Public Works and Safety By: /~ es Brainard, Mayor Lori lana Cordray; Cle' reasurer - ..~~ ~ ~;J~c::; Date: 7!~ a:2j -//. . """" , , -~:,' . .../1"'--- .......,.,."'... ~' ,J f .....,.\,.~..... - " ~ Sandra M. Johnson, Depu~ Clerk for 3 EXHIBIT "A" LAND DESCRIPTION Encroachments Main Street & Rangeline Road "Parking Area" A part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, of the Second Principal Meridian, Hamilton County, Indiana, also being a part of Lot 6 in the Town of Bethlehem (now Carmel), as per plat thereof, recorded in Deed Book E, page 512 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Comer of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 minutes 00 seconds East) 34.44 feet along the North Une of said Southwest Quarter to the northerly projection of the eastern line ofa 0.012-acre tract ofland granted to the City of Carmel, Board of Public Works and Safety ("Works and Safety tract") (recorded as Instrument Number 200500047125 in said Recorder's Office); thence South 00 degrees IS minutes 01 second East 35.30 feet along said northerly projection to a common comer of said Works and Safety tract and the northwestern comer of a 0.392-acre tract of land granted to Pedcor Residential, LLC ("Grantor") (recorded as Instrument Number 200500053142 in said Recorder's Office); thence continue South 00 degrees 15 minutes 01 second East 112.00 feet along a common line of said Works and Safety tract and said Grantor to the southwestern comer of said Grantor; thence North 89 degrees 44 minutes 59 seconds East 86.30 feet along the southern line of said Grantor to the POINT OF BEG\NN1NG of this description; thence North 89 degrees 44 minutes 59 seconds East 66.00 feet along said southern line to the southeastern comer thereof; thence South 00 degrees IS minutes 0 I seconds East 7.50 feet along the southerly projection of the eastern line of said Grantor; thence South 89 degrees 44 minutes 59 seconds West 66.00 feet parallel with the southern line of said Grantor; thence North 00 degrees IS minutes 01 seconds West 7.50 feet parallel with the eastern line of said Grantor to the POINT OF BEG\NN1NG, containing 495.0 square feet (0.011 acres), more or less. "Balcony Area A & B Unit A201 Floor 2" A part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Comer of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 minutes 00 seconds East) 34.44 feet along the North Line of said Southwest Quarter to the northerly projection of the eastern line ofa 0.012-acre tract ofland granted to the City of Carmel, Board of Public Works and Safety ("Works and Safety tract") (recorded as Instrument Number 200500047125 in said Recorder's Office); thence South 00 degrees IS minutes 01 second East 35.30 feet along said northerly projection to a common comer of said Works and Safety tract and the northwestern comer of a 0.392-acre tract of land granted to Pedcor Residential, LLC ("Grantor") (recorded as Instrument Number 200500053142 in said Recorder's Office); thence North 89.degrees 44 minutes 59 seconds East 127.45 feet along a common line of said Works and Safety tract and said Grantor to the POINT OF BEGINNING of this description (the following three (3) courses are parallel with or perpendicular to said common line); (one) thence North 00 degrees IS minutes 01 second West 4.80 feet; (two) thence North 89 degrees 44 minutes 59 seconds East 9.40 feet; (three) thence South 00 degrees IS minutes 0 I second East 4.80 feet to a point hereinafter referred to as point "A" and said common line; thence South 89 degrees 44 minutes 59 seconds West 9.40 feet along said common line to the POINT OF BEGINNING, containing 45.1 square feet (0.001 acres), more or less. ALSO: Commencing at said point "A"; North 89 degrees 44 minutes 59 seconds East 3.80 feet along said common line to the POINT OF BEGINNING of this description; thence North 44 degrees 44 minutes 59 seconds East 6.52 feet; thence North 89 degrees 44 minutes 59 seconds East 5.30 feet parallel with said common line; thence South 45 degrees IS . , minutes 01 second East 2.47 feet to the northerly projection of the eastern line of said Grantor; thence South 00 degrees IS minutes 01 second East 2.86 feet along said northerly projection to the northeastern comer of said Grantor, said point being on said common line; thence South 89 degrees 44 minutes 59 seconds West 11.66 feet along said common line to the POINT OF BEGINNING, containing 41.6 square feet (0.001 acres), more or less. Containing in all 86.7 square feet (0.002 acres), ~ore or less. "Balcony Area Unit B203 Floor 2" A part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Comer of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 minutes 00 seconds East) 34.44 feet along the North Line of said Southwest Quarter to the northerly projection of the eastern line ofa 0.012-acre tractofland granted to the City of Carmel, Board of Public Works and Safety ("Works ana Safety tract") (recorded as Instrument <<< Number 200500047125 in said Recorder's Office); thence South 00 degrees 15 minutes 01 second East 35.30 feet along said northerly projection to a common comer of said Works and Safety tract and the northwestern comer ofa 0.392-acre tract of land granted to Pedcor Residential, LLC ("Grantor") (recorded as Instrument Number 200500053142 in said Recorder's Office); thence North 89 degrees 44 minutes 59 seconds East 100.78 feet along a common line of said Works and Safety tract and said Grantor to the POINT OF BEGINNING of this description (the following three (3) courses are parallel with or perpendicular to said common line); (one) thence North 00 degrees 15 minutes 01 second West 5.08 feet; (two) thence North 89 degrees 44 minutes 59 seconds East 26.67 feet; (three) thence South 00 degrees 15 minutes 01 second East 5.08 feet to said common line; thence South 89 degrees 44 minutes 59 seconds West 26.67 feet along said common line to the POINT OF BEGINNING, containing 135.5 square feet (0.003 acres), more or less. ; "Balcony Area Unit C204 Floor 2" A part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Comer of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 minutes 00 seconds East) 34.44 feet along the North Line of said Southwest Quarter to the northerly projection of the eastern line ofa 0.012-acre tract ofland granted to the City of Carmel, Board of Public Works and Safety ("Works and Safety tract") (recorded as Instrument Number 200500047125 in said Recorder's Office); thence South 00 degrees IS minutes o I second East 35.30 feet along said northerly projection to a common comer of said Works and Safety tract and the northwestern comer of a 0.392-acre tract ofland granted to Pedcor Residential, LLC ("Grantor") (recorded as Instrument Number 200500053142 in said Recorder's Office); thence North 89 degrees 44 minutes 59 seconds East 83.99 feet along a common line of said Works and Safety tract and said Grantor to the POfNT OF BEGINNfNG of this description (the following three (3) courses are parallel with or perpendicular to said common line); (one) thence North 00 degrees 15 minutes 01 second West 4.40 feet; (two) thence North 89 degrees 44 minutes 59 seconds East 9.76 feet; (three) thence South 00 degrees IS minutes 01 second East 4.40 feet to said common line; thence South 89 degrees 44 minutes 59 seconds West 9.76 feet along said common line to the POfNT OF BEGINNfNG, containing 42.9 square feet (0.001 acres), more or less. "Balcony Area Unit D206 Floor 2" A part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, of the Second Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Comer of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 minutes 00 seconds East) 34.44 feet along the North Line of said Southwest Quarter to the northerly projection of the eastern line ofa 0.012-acre tract ofland granted to the City of Carmel, Board of Public Works and Safety ("Works and Safety tract") (recorded as Instrument Number 200500047125 in said Recorder's Office); thence South 00 degrees IS minutes 01 second East 35.30 feet along said northerly projection to a common comer of said Works and Safety tract and the northwestern comer of a 0.392-acre tract of land granted to Pedcor Residential, LLC ("Grantor") (recorded as Instrument Number 200500053142 in said Recorder's Office); thence North 89 degrees 44 minutes 59 seconds East 50.12 feet along a common line of said Works and Safety tract and said Grantor to the POINT OF BEGINNING of this description (the,following three (3) courses are parallel with or perpendicular to said common line); (one) thence North 00 degrees IS minutes 01 second West 4.52 feet; (two) thence North 89 degrees 44 minutes 59 seconds East 26.67 feet; (three) thence South 00 degrees IS minutes 01 second East 4.52 feet to said common line; thence South 89 degrees 44 minutes 59 seconds West 26.67 feet along said common line to the POINT OF BEGINNING, containing 120.6 square feet (0.003 acres), more or less. "Turret Area" A part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East, of the Second Principal Meridian, Hamilton County, Indiana, also being a part of Lot 5 in the Town of BetWehem (now Carmel), as per plat thereof, recorded in Deed Book E, page 512 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Comer of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 minutes 00 seconds East) 34.44 feet along the North Line of said Southwest Quarter to the northerly projection of the eastern line ofa 0.012-acre tract ofland granted to the City of Carmel, Board of Public Works and Safety ("Works and Safety tract") (recorded as Instrument Number 200500047125 in said Recorder's Office); thence South 00 degrees 15 minutes 01 second East 35.30 feet along said northerly projection to a common comer of said Works and Safety tract and the northwestern comer of a 0.392-acre tract of land granted to Pedcor Residential, LLC ("Grantor") (recorded as Instrument Number 200500053142 in said Recorder's Office), said comer being the POINT OF BEGINNING of this description; thence North 89 degrees 44 minutes 59 seconds East 8.98 feet along a common line of said Works and Safety tract and the Grantor to the point of curvature of a non-tangent curve concave to the west, said point lying North 89 degrees 52 minutes 56 seconds East 9.00 feet from the radius point thereof; thence northerly, northwesterly, westerly, southwesterly, southerly, southeasterly and easterly along said curve 42.45 feet to a point lying South 00 degrees 22 minutes 59 seconds East 9.00 feet from the radius. point thereof and on a common line of said Works and Safety tract and the Grantor; thence North 00 degrees IS minutes 01 second West 8.98 feet along said common line to the POINT OF BEGINNING, containing 191.2 square feet (0.004 acres), more or less. l\ I! !i~i II! ; I 11 dill I 1 I~~, /-_ )> I~~ I c:5' ~2 , ~ a OLD TOWN SHOPS OF CARMEL STREET ADDREIS CARMEL, INDIANA . 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I I' I! ~'~I " i II':; II I"~il ~~I' I. i: 'I . 1 ~ 46032 ~ i'> STREET ADDReSS CARMEL, INDIANA EXHIBIT "B-6" L; :E "'''''. , , , , , , ! , , , i , .1 : , , , : , , , i , , , , : , , , , i , , : , I , , , , , i ! i , , ! , , , : , , i . , , i f-- : UNIT 5 UNIT3 UNIT 2 UNIT 1 UNIT 6 T ..:..1._. 5 ~, \-_. ~ 'EXHU~IT . H Reserved Parking Spaces OLD TOWN SHOPS OF CARMEL 'CARMEL, I.NDIANA 46032