HomeMy WebLinkAboutD-1820-06 ROW Rangeline/City Center
DULY ENTERt:D rO~ TAXATION
Subject to final acceptance for transfer
\ \ day of ~ \('\~'o.Ot. ,20 a~
Sponsor(s): Councilor Carter
e~ ~ Auditor of Hamilton County
Parcel #
200600053938
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFERJ HAYDEN
09-11-2006 At 02:37 PM.
VACATION 29.00
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
VACATING A PORTION OF PUBLIC RIGHT -OF-WAY
ORDINANCE D -1820-06
WHEREAS, Pedcor Office, LLC ("Petitioner"), has submitted a petition to the City of
Carmel, Indiana, pursuant to Indiana Code 936-7-3-12(b) requesting the vacation ofa portion of
public way commonly known as the Rangeline Road and City Center Drive, 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 936-7-3-12-( c), the Clerk-Treasurer
ofthe 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 Ordinanc~ held by the Common Council of
the City of Carmel, Indiana (the "Council"), the 31.)\00 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 City
Center Drive, 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 estate abutting 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 of Range line Road and City
Center Drive 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 of a
portion of this right-of-way is in the best interests of the public.
(t) The portion of public right-of-way at Rangeline Road and City Center Drive, as
identified hereinabove, should be vacated.
Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
as follows:
I. Pursuant to Indiana Code 936-7-3-12, those portions of the rights-of-way
commonly known as Rangeline Road and City Center Drive, as are
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.
(') PASSED by the Common Council of the City of Carmel, Indiana, this 3 I So ~ay of
0U..\~ ' 2006, by a vote of lL ayes and ~ nays.
COMMON COUNCIL FOR THE CITY OF CA
A//
Tames Brainard, Presiding Officer
, President Pro Tempore
N e:l "'\ P R er::. e: N \"""
Kevin Kirby
.%D..~.
Brian D. Mayo
az~/-
Mark Ratterma n
ATT~~
Dim. L. Cm"my, IAMC~
0-1820-06
2
s+- ~
Presented by me to the Mayor of the City of Carmel, Indiana, this ~ day of ,
2006 at "", ~ P.m.
Diana L. Cordray, IAMC, C
Approved by me, Mayor of the City of Carmel, Indiana, this 5 rS~ day of
2006 at~:~P.M.
~ /~
~ { --.,
James Brainard, Mayor
~
----
ATTEST:
Diana . Cordray, IA C, Clerk Tre urer
This instrument prepared by:
Ron Brown, Esq.
Pedcor Bancorp
770 3'd 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
0.1820-06
3
;
PETITION TO V ACA TE A PUBLIC WAY
LOCA TED ENTIRELY WITHIN
THE CORPORATE BOUNDARIES OF CARMEL. INDIANA
1. Pedcor Office, LLC, an Indiana limited liability company, ("Petitioner"), pursuant to Indiana
Code g36-7-3-l2, does hereby respectfully petition the Common Council of the City of
Carmel, Indiana, for the vacation of the existing Public Way of Rangeline Road and City
Center Drive 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 g36-7-3-l2 to respectfully
request that the Common Council of the City of Carmel, 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 the City Center development ("City Center Development") at the corners of Range line Road
and City Center Dr. in the City of Carmel, Indiana.
The CRC and the Petitioner (as successor in interest to Pedcor Office, LLC1) entered into a
certain Project Agreement ("Project Agreement") dated December 16, 2004, pursuant to which the
Petitioner agreed to develop the City Center Development in collaboration with the CRC. Since the
execution of the Project Agreement, the Petitioner and CRC have worked together to create plans
and specifications ("CRC Approved-Plans") for the City Center Development that are consistent
with the desires of the City of Carmel. The CRC Approved-Plans include construction of buildings
in the areas of 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 commence 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 Office, LLC
One Pedcor Square, 770 3rd Avenue S.W., Carmel, IN 46032
1 Petitioner will take assignment of Pede or Office, LLC's obligations under the Project Agreement as penniited
under the "consent to assignment provision" contained in the Master Project Agreement. The Master Project
Agreement will amend and restate the Project Agreement in its entirety, and the Petitioner and CRC are scheduled to
execute the Master Project Agreement within two weeks of the filing of this petition.
,
WHEREFORE, the Petitioner respectfully requests the vacation of the above described
Public Way.
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ABIGAIL (i FRANE
MoflonCollllty
My COmmIS!)IOn Expires
July 2b, "012
County of Hamilton
Before me, a Notary Public in and for said County and State, personally appeared
hQ.J ~rMNl , 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
f.-
';)>> day of June, 2006.
~o~c h- rc
Ab~tu'l 6. h-n,j-7_
(Printe SIgnature)
My Commission Expires:
'7 - :f(. -).0 I"A
My County of Residence:
i-'\M1~
2
Recommended for Approval to the Common Council of the City of Carmel, Indiana, this
~ day of ~ ,200k..
CITY OF CARMEL, INDIANA
Board of Public Works and Safety
By:
g~
.~
Sandra M. Johnsen,
Deputy Clerk for
3
..
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EXHIBIT "A"
LAND DESCRIPTION
Encroachments 126th Street & Rangeline Road
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East located
in Clay Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northeast Comer of the Northeast Quarter of Section 36, Township
18 North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (assumed
bearing) 707.40 feet along the North Line of said Northeast Quarter to the northeastern
comer of the 1.800 acre tract ofland ("Monon Tract") described in the QUITCLAIM
DEED recorded as instrument #9909923664 by the Recorder of Hamilton County,
Indiana; thence South 00 degrees 51 minutes 54 seconds East 284.25 feet along the
eastern boundary of said 1.800 acre tract ofland to the southern right-of-way line of 126111
Street (ref: see the 3.549 acre tract ofbmd ("126111 Street - Mueller East Tract") described
in the CO-CONSERVATORS'; DEED recorded as 'instrument #9909923663 by said
Recorder), the following three (3) courSes are along said southern right-of-way line of
126111 Street; I) thence North 77 degrees 00 minutes 25 seconds East 96.48 feet; 2) thence
North 89 degrees 36 minutes 45 seconds East 167.49 feet; 3) thence South 89 degrees 56
minutes 58 seconds East 53.59 feet to the POINT OF BEGINNING of this description;
thence North 00 degrees 00 minutes 00 seconds 10.48 feet; thence North 90 degrees 00
minutes 00 seconds East 65.71 feet; thence South 00 degrees 00 minutes 00 seconds
10.54 feet to a point on said southern right-of-way line of 126th Street (said point
hereinafter referred to as "Point A"); tl!ence North 89 degrees 56 minutes 58 seconds
West 65.71 feet along said southern right-of-way line of 126111 Street to the POINT OF
BEGINNING containing 0.016 acres, more or less.
ALSO a part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East
located in Clay Township, Hamilton County, Indiana being bounded as follows:
Commencing at Point A on said southern right-of-way line of 126111 Street; thence South
89 degrees 56 minutes 58 seconds East (assumed bearing) 54.33 feet along said southern
right-of-way line of 126111 S,treet to tb,e POINT OF BEGINNING of this description;
thence North 00 degrees 00 minutes 00 seconds 12.41 feet; thence North 90 degrees 00
minutes 00 seconds East 45.83 feet; thence South 00 degrees 00 minutes 00 seconds 2.00
feet; thence North 90 degrees 00 II1lnutes 00 seconds East 39.83 feet; thence South 00
degrees 00 minutes 00 seconds 10.48 feet to a point on said southern right-of-way line of
126111 Street (said point hereinafter referred to as "Point B''); thence North 89 degrees 56
minutes 58 seconds West 85.67 feet along said southern right-of-way line of 126'h Street
to the POINT OF BEGINNING containing 0.023 acres, more or less.
ALSO a part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East
located in Clay Township, Hamilton Coimty, Indiana being bounded as follows:
Commencing at Point B on said southern right-of-way line of 1261li Street; thence South
89 degrees 56 minutes 58 seconds East (assumed bearing) 34.63 feet along said southern
right-of-way line of 126th Street to the POINT OF BEGINNING of this description;
thence North 00 degrees 00 minutes 00 seconds 10.27 feet; thence North 90 degrees 00
minutes 00 seconds East 45.08 feet; thence South 00 degrees 00 minutes 00 seconds
10.31 feet to a point on said southern right-of-way line of 1261li Street; thence North 89
degrees 56 minutes 58 seconds West 45.08 feet along said southern right-of-way line of
126th Street to the POINT OF BEGINNING containing 0.011 acres, more or less.
ALSO a part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East
located in Clay Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northeast Comer oftM-Northeast Quarter of Section 36, Township
18 North, Range 3 East; thence South 89 degrees '12 minutes 13 seconds West (assumed
bearing) 707.40 feet along the North Line of said Northeast Quarter to the northeastern
corner of the 1.800 acre tract of land ("Monon Tract") described in the QUITCLAIM
DEED recorded as instrument #9909923664 by the Recorder of Hamilton County,
Indiana; thence South. 00 degrees 51 minutes 54 seconds East 284.25 feet along the
eastern boundary of said 1.800 'acre tr~t ofland'to the southern right-of-way line of 126'h
Street (ref: see the 3.549 acre tract of land ("1261l1 Street - Mueller East Tract'') described
in the CO-CONSERVATORS' DEED recorded as instrument #9909923663 by said
Recorder), the following three (3) courses are along said southern right-of-way line of
126'h Street; I) thence North 77 degrees 00 minutes 25 seconds East 96.48 feet; 2) thence
. \"0_1
North 89 degrees 36 minutes 45 seconds East 167.49 feet; 3) thence South 89 degrees 56
minutes 58 seconds East 387.00 feet along said southern right-of-way line to the western
right-of-way line of Range Line Road (a pari of said 3.549 acre tract ofland); thence
South 89 degrees 38 minutes 09 seconds West 77.92 feet along said western right-of-way
line of Range line Road; thence South 00 degrees 54 minutes 50 seconds West 2.71 feet
along said western right-of-way line of Rangeline Road to the POINT OF BEGINNING
of this description; thence North 90 degrees 00 minutes 00 seconds 7.04 feet; thence
South 00 degrees 03 minutes 26 seconds West 6.84 feet; thence North 89 degrees 56
minutes 34 seconds West 2.03 feet; thence South 00 degrees 03 minutes 26 seconds West
7.95 feet; thence North 90 db 00 minutes 00 seconds East 12.19 feet to a point on a non-
tangent curve concave to the southwest, said point being North 59 degrees 40 minutes 02
seconds West 4.16 feet from the radius point of said curve; thence clockwise 15.21 feet
along said curve to a point being South 30 degrees 19 minutes 33 seconds East 4.16 feet
from the radius point of said curve; thence South 00 degrees 00 minutes 00 seconds 23.47
feet to a point on a non-tangent curve concave to the west, said point being North 30
degrees 09 minutes 16 seconds East 4.17 feet from the radius point of said curve; thence
clockwise 8.70 feet along said curve to a point being South 30 degrees 09 minutes 16
seconds East 4.17 feet from the radius point of said curve; thence South 00 degrees 00
minutes 00 seconds 22.70 feet to a point on a non-tangent curve concave to the west, said
point being North 30 degrees 24 minutes 13 seconds East 4.17 feet from the radius point
of said curve; thence clockwise 8.68 feet along said curve to a point being South 30
degrees 24 minutes 13 seconds East 4.17 feet from the radius point of said curve; thence
South 00 degrees 00 minutes 00 seconds 22.90 feet to a point on a non-tangent curve
concave to the west, said point being North 30 degrees 10 minutes 36 seconds East 4.17
feet from the radius point of said curve; thence clockwise 8.70 feet along said curve to a
point being South 30 degrees 10 minutes 36 seconds East 4.17 feet from the radius point
of said curve; thence South 00 degrees 00 minutes 00 seconds 20.33 feet; thence South 90
degrees 00 minutes 00 seconds East 6.18 feet; thence South 00 degrees 00 minutes 00
seconds 1.83 feet to a point on a non-tangent curve concave to the northwest, said point
being South 89 degrees 59 minutes 21 seconds East 7.46 feet from the radius point of
said curve; thence southerly and southwesterly 4.36 feet along said curve to a point being
South 56 degrees 29 minutes 20 seconds East 7.47 feet from the radius point of said
curve; thence South 48 degrees 13 minutes 02 seconds West 32.14 feet to the point of
curvature of a curve to the right, said point of curvature being North 41 degrees 46
minutes 58 seconds West 26.50 feet from the radius point of said curve; thence
southwesterly 10.19 feet along said curve to.a poiIl;t on said western right-of-way line of
Rangeline Road, said point being North 63.degrees49 minutes 18 seconds West 26.50
feet from the radius point of said curve; thence North 00 degrees 13 minutes 54 seconds
West 19.60 feet along said western right-of-way line of Range line Road; thence North 00
degrees 54 minutes 50 seconds East 147.32 feet along said western right-of-way line of
Rangeline Road to the POINT OF BEGINNING containing 0.081 acres, more or less.
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