HomeMy WebLinkAboutOrdinance - Rosies plat & street vacation 06-06-23
Sponsor(s): Councilor Green
ORDINANCE D-####-23
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
VACATING PORTIONS OF NORTHRIDGE SUBDIVISION, BROADWAY AVENUE AND
EAST 104TH STREET
Synopsis: Vacates 18 lots in Northridge Subdivision and approximately 211' of right-of-way
along Broadway Avenue, and approximately 792’ of right-of-way along East 104th Street, part of
the northeast quarter of Section 11, Township 17 North, Range 3 East
WHEREAS, Lawrence K Hughes ("Petitioner"), has filed a Petition for Vacation of a Plat and
Public Right-of-Way (the "Petition") with the City of Carmel, Indiana, pursuant to Indiana Code §36-7-3-
12(b), which is attached hereto and incorporated herein as Exhibit D;
WHEREAS, the public right-of-way to be vacated, a portion of existing Broadway Avenue,
abutting properties with tax parcel identification numbers 17-13-11-02-08-002.000, 17-13-11-02-08-
022.000, 17-13-11-02-08-023.000, 17-13-11-02-08-024.000, 17-13-11-02-08-025.000, 17-13-11-02-08-
026.000, 17-13-11-02-08-027.000 and 17-13-11-02-08-028.000 and a portion of East 104th Street,
abutting properties with tax parcel identification numbers 17-13-11-00-00-009.000, 17-13-11-02-08-
001.000, 17-13-11-02-08-002.000, 17-13-11-02-08-003.000, 17-13-11-02-08-004.000, 17-13-11-02-08-
005.000, 17-13-11-02-08-025.000 and 17-13-11-02-11-004.000, all shown in Exhibit A and Exhibit C,
attached hereto and incorporated herein (the "Right-of-Way");
WHEREAS, the Plat to be vacated, a part of Harry Bowser’s North Ridge Addition, contains
properties with tax parcel identification numbers 17-13-11-02-08-001.000, 17-13-11-02-08-002.000, 17-
13-11-02-08-005.000, 17-13-11-02-08-006.000, 17-13-11-02-08-007.000, 17-13-11-02-08-008.000, 17-
13-11-02-08-022.000, 17-13-11-02-08-023.000, 17-13-11-02-08-024.000, 17-13-11-02-08-025.000, 17-
13-11-02-08-026.000, 17-13-11-02-08-027.000, 17-13-11-02-08-028.000, 17-13-11-02-08-029.000, 17-
13-11-02-08-045.000, 17-13-11-02-08-046.000, 17-13-11-02-08-047.000 and 17-13-11-02-08-048.000,
shown in Exhibit B and Exhibit C, attached hereto and incorporated herein (the “Plat”);
WHEREAS, the vacation of the Right-of-Way involves unimproved sections that will not
connect to other thoroughfares;
WHEREAS, to vacation of the Plat is necessary to consolidate parcels into a unified
development;
WHEREAS, the City of Carmel Board of Public Works and Safety voted to recommend the
vacation of the Right-of-Way at its meeting on ______________________, 2023;
WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on proposed vacation
of Right-of-Way was held by the Common Council of the City of Carmel, Indiana, on the _______ day of
______________________, 2023;
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 Plat and Right-of-Way be, and hereby is, vacated and ownership
thereof shall revert to the abutting property owners.
Section 3. 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 Cannel, Indiana, this ______________________ day of
_____________ , 2023, by a vote of _______ ayes and ______ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
____________________________________ ________________________________
Sue Finkam, President Kevin D. Rider, Vice-President
____________________________________ ________________________________
H. Bruce Kimball Jeff Worrell
____________________________________ ________________________________
Anthony Green Laura D. Campbell
____________________________________ ________________________________
Timothy J. Hannon Miles Nelson
_____________________________________
Adam Aasen
ATTEST:
__________________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of
________________________________ 2023, at ____________ .M.
________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _________ day of
________________________________ 2023, at ___________ .M.
__________________________________
James Brainard, Mayor
ATTEST:
___________________________________________
Sue Wolfgang, Clerk
This instrument was prepared by Matthew S. Skelton, Church Church Hittle + Antrim, 2 North Ninth Street,
Noblesville, Indiana 46074, (317) 773-2190.
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. Matthew S. Skelton.
EXHIBIT A
Right-of-Way Vacation Area
A PART OF HARRY BOWSER'S NORTH RIDGE ADDITION, A SUBDIVISION IN HAMILTON
COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 121, PAGES 400-401
IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND LOCATED IN THE
SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 17 NORTH, RANGE 3
EAST OF THE SECOND PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE ALONG THE
NORTH LINE OF SAID SOUTH HALF SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST
43.01 FEET TO THE WEST RIGHT -OF-WAY LINE OF COLLEGE AVENUE AND THE POINT OF
BEGINNING; THENCE ALONG SAID LINE SOUTH 00 DE GREES 13 MINUTES 07 SECONDS
WEST 25.00 FEET TO THE NORTHEAST CORNER OF LOT 32 IN SAID ADDITION; THENCE
ALONG THE NORTH LINES OF LOTS 32 AND 33 IN SAID ADDITION SOUTH 89 DEGREES 09
MINUTES 48 SECONDS WEST 269.78 FEET TO THE EAST RIGHT-OF-WAY LINE OF
BROADWAY AVENUE; THENCE ALONG SAID LINE SOUTH 00 DEGREES 02 MINUTES 47
SECONDS WEST 211.03 FEET TO THE SOUTHWEST CORNER OF LOT 36 IN SAID ADDITION;
THENCE SOUTH 89 DEGREES 22 MINUTES 59 SECONDS WEST 50.00 FEET TO THE WEST
RIGHT-OF-WAY LINE OF BROADWAY AVENUE; THE NCE ALONG SAID LINE NORTH 00
DEGREES 02 MINUTES 47 SECONDS EAST 210.84 TO THE SOUTH RIGHT-OF-WAY LINE OF
104TH STREET (108TH STREET PER PLAT); THENCE ALONG SAID LINE SOUTH 89 DEGREES
09 MINUTES 48 SECONDS WEST 472.00 FEET TO THE NORTHWEST CORNER OF LOT 161 IN
SAID ADDITION; THENCE ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT NORTH
00 DEGREES 14 MINUTES 44 SECONDS EAST 25.00 FEET TO THE NORTH LINE OF SAID
SOUTH HALF; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 09 MINUTES 48
SECONDS EAST 791.77 FEET TO THE POINT OF BEGINNING, CONTAINING 0.70 ACRES
(30341 SQ. FT.) MORE OR LESS.
EXHIBIT B
Right-of-Way Vacation Area
A PART OF HARRY BOWSER'S NORTH RIDGE ADDITION, A SUBDIVISION IN HAMILTON
COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 121, PAGES 400-401
IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND LOCATED IN THE
SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 17 NORTH, RANGE 3
EAST OF THE SECOND PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE ALONG THE
NORTH LINE OF SAID SOUTH HALF SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST
43.01 FEET TO THE WEST RIGHT -OF-WAY LINE OF COLLEGE AVENUE AND THE POINT OF
BEGINNING; THENCE ALONG SAI D WEST LINE SOUTH 00 DEGREES 13 MINUTES 07
SECONDS WEST 237.08 FEET TO THE SOUTHEAST CORNER OF LOT 29 IN SAID ADDITION;
THENCE ALONG THE SOUTH LINE OF SAID LOT, THE SOUTH LINE OF LOT 36 IN SAID
ADDITION, AND THE EXTENSION THEREOF SOUTH 89 DEGREES 22 MINUTE S 59 SECONDS
WEST 319.13 FEET TO THE NORTHEAST CORNER OF LOT 93 IN SAID ADDITION; THENCE
ALONG THE EAST LINE OF SAID LOT SOUTH 00 DEGREES 02 MINUTES 47 SECONDS WEST
50.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTH LINE
OF SAID LOT AND THE SOUTH LINE OF LOT 102 IN SAID ADDITION SOUTH 89 DEGREES 23
MINUTES 06 SECONDS WEST 270.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 102;
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF PARK AVENUE NORTH 00 DEGREES
16 MINUTES 17 SECONDS EAST 259.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
104TH STREET (108TH STREET PER PLAT); THENCE ALONG SAID SOUTH LINE SOUTH 89
DEGREES 09 MINUTES 48 SECONDS WEST 202.22 FEET TO THE NORTHWEST CORNER OF
LOT 161 IN SAID ADDITION; THENCE ALONG THE EXTENSION OF THE WEST LINE OF SAID
LOT NORTH 00 DEGREES 14 MINUTES 44 SECONDS EAST 25.00 FEET TO THE NORTH LINE
OF SAID SOUTH HALF; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 09
MINUTES 48 SECO NDS EAST 791.77 FEET TO THE POINT OF BEGINNING, CONTAINING
3.62 ACRES, MORE OR LESS.
EXHIBIT C
EXHIBIT D
Petition to Vacate Plat and Public Right-of-Way
1. Lawrence K Hughes ("Petitioner"), pursuant to Indiana Code 36-7-3-12,
does hereby respectfully petition the Common Council for the City of
Carmel, Indiana, for the vacation of a portion of Harry Bowser’s
Northridge Addition (the “Plat”), including a section of the existing
Public Rights of Way of "Broadway Avenue" and “East 104th Street”
(the "Public Ways"), located entirely within the corporate boundaries
of the City of Carmel, Indiana, as is particularly described below and
in the exhibits attached hereto and made a part hereof.
2. The Plat and Public Way being vacated is more particularly
described in Exhibit "1" and depicted in Exhibit "2" hereto, this is
incorporated herein by this reference.
3. In support of this petition, the Petitioner submits the following:
A. The Public Way sought to be vacated will not hinder the growth
of orderly development of Carmel, nor of the neighborhoods
contiguous to or in which the Public Way is located.
B. Vacation of the Public Way will not leave any adjoining or
interested property owners without access to their real estate by
means of a public way or street or make such access
inconvenient or difficult.
C. Vacating the proposed Public Way does not hinder the public's
access to any church, school or other public place.
D. Vacating the proposed Public Way does not hinder the use of a
public way by the neighborhood in which it is located or to which it
is contiguous.
4. The following are the names and addresses of the owners of land
which abut the Public Way proposed to be vacated:
Lawrence K Hughes
10402 N Ruckle Street
Carmel, Indiana, 46280
Parknorth II, LLC
10402 n Ruckle Street
Carmel, Indiana 46280
5. Due to development of the property immediately north and west of
the Public Ways, the sections of Broadway Avenue and East 104th
Street are no longer needed for public access. The Petitioners need
the Public Way vacated to enable and enhance the construction of a
new commercial buildings and expansion on an existing business.
The increased property value due to the addition of a portion of the
Public way to the petitioner's property will benefit the City of Carmel
through enhanced property tax revenue.
Remaining page intentionally left blank
Recommended for Approval this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
O r d i n a n c e D -# # # #-23 P a g e 12 | 14
Exhibit 1
(page 1 of 2)
PLAT VACATION AREA
A PART OF HARRY BOWSER'S NORTH RIDGE ADDITION, A SUBDIVISION IN HAMILTON
COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 121, PAGES 400-
401 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND LOCATED
IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 17
NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE ALONG
THE NORTH LINE OF SAID SOUTH HALF SOUTH 89 DEGREES 09 MINUTES 48 SECONDS
WEST 43.01 FEET TO THE WEST RIGHT -OF-WAY LINE OF COLLEGE AVENUE AND THE
POINT OF BEGINNING; THENCE ALONG SAID WEST LINE SOUTH 00 DEGREES 13
MINUTES 07 SECONDS WEST 237.08 FEET TO THE SOUTHEAST CORNER OF LOT 29 IN
SAID ADDITION; THENCE ALONG THE SOUTH LINE OF SAID LOT, THE SOUTH LINE OF
LOT 36 IN SAID ADDITION, AND THE EXTENSION THEREOF SOUTH 89 DEGREES 22
MINUTES 59 SECONDS WEST 319.13 FEET TO THE NORTHEAST CORNER OF LOT 93 IN
SAID ADDITION; THENCE ALONG THE EAST LINE OF SAID LOT SOUTH 00 DEGREES 02
MINUTES 47 SECONDS WEST 50.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT;
THENCE ALONG THE SOUTH LINE OF SAID LOT AND THE SO UTH LINE OF LOT 102 IN
SAID ADDITION SOUTH 89 DEGREES 23 MINUTES 06 SECONDS WEST 270.78 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 102; THENCE ALONG THE EAST RIGHT -OF-
WAY LINE OF PARK AVENUE NORTH 00 DEGREES 16 MINUTES 17 SECONDS EAST 259.82
FEET TO THE SOUT H RIGHT-OF-WAY LINE OF 104TH STREET (108TH STREET PER
PLAT); THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 09 MINUTES 48
SECONDS WEST 202.22 FEET TO THE NORTHWEST CORNER OF LOT 161 IN SAID
ADDITION; THENCE ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT N ORTH
00 DEGREES 14 MINUTES 44 SECONDS EAST 25.00 FEET TO THE NORTH LINE OF SAID
SOUTH HALF; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 09 MINUTES 48
SECONDS EAST 791.77 FEET TO THE POINT OF BEGINNING, CONTAINING 3.62 ACRES,
MORE OR LESS.
O r d i n a n c e D -# # # #-23 P a g e 13 | 14
Exhibit 1
(page 2 of 2)
RIGHT-OF-WAY VACATION AREA
A PART OF HARRY BOWSER'S NORTH RIDGE ADDITION, A SUBDIVISION IN HAMILTON
COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 121, PAGES 400-
401 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND LOCATED
IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 17
NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE ALONG
THE NORTH LINE OF SAID SOUTH HALF SOUTH 89 DEGREES 09 MINUTES 48 SECONDS
WEST 43.01 FEET TO THE WEST RIGHT -OF-WAY LINE OF COLLEGE AVENUE AND THE
POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 00 DEGREES 13 MINUTES 07
SECONDS WEST 25.00 FEET TO THE NORTHEAST CORNER OF LOT 32 IN SAID ADDITION;
THENCE ALONG THE NORTH LINES OF LOTS 32 AND 33 IN SAID ADDITION SOUTH 89
DEGREES 09 MINUTES 48 SECONDS WEST 269.78 FEET TO THE EAST RIGHT -OF-WAY
LINE OF BROADWAY AVENUE; THENCE ALONG SAID LINE SOUTH 00 DEGREES 02
MINUTES 47 SECONDS WEST 211.03 FEET TO THE SOUTHWEST CORNE R OF LOT 36 IN
SAID ADDITION; THENCE SOUTH 89 DEGREES 22 MINUTES 59 SECONDS WEST 50.00
FEET TO THE WEST RIGHT -OF-WAY LINE OF BROADWAY AVENUE; THENCE ALONG
SAID LINE NORTH 00 DEGREES 02 MINUTES 47 SECONDS EAST 210.84 TO THE SOUTH
RIGHT-OF-WAY LINE OF 104TH STREET (108TH STREET PER PLAT); THENCE ALONG
SAID LINE SOUTH 89 DEGREES 09 MINUTES 48 SECONDS WEST 472.00 FEET TO THE
NORTHWEST CORNER OF LOT 161 IN SAID ADDITION; THENCE ALONG THE EXTENSION
OF THE WEST LINE OF SAID LOT NORTH 00 DEGREES 14 MINUTES 44 SECON DS EAST
25.00 FEET TO THE NORTH LINE OF SAID SOUTH HALF; THENCE ALONG SAID NORTH
LINE NORTH 89 DEGREES 09 MINUTES 48 SECONDS EAST 791.77 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.70 ACRES (30341 SQ. FT.) MORE OR LESS.
O r d i n a n c e D -# # # #-23 P a g e 14 | 14
Exhibit 2