HomeMy WebLinkAboutD-1642-03 Vacate Walter St. - RecordedDU LY EN TERED FOR TAXA TION\-1 6-"
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HAMILTON County Reeorder IN
Reeorded •• Preaented
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Sponsor(s): Councilor Luci Snyder
ORDINANCE NO. D-1642-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
VACATING A PORTION OF WALTER'S STREET AND
A FRONTAGE ROAD ALONG U.S. 31
WHEREAS, the Common Council of the City of Carmel, by Ordinance Z-386-02,
approved the development plan for a project located immediately south of 146th Street and west
of U.S. 31 on approximately sixty-seven ( 67) acres which project is to be known as Clay Terrace
(''the Project"); and,
. WHEREAS, the Project includes the construction of a new public road to be known as
Clay Terrace Boulevard (''the Boulevard") which will connect 146th Street to U.S. 31 at the
location of U.S. 31 and Rangeline Road intersection; and,
WHEREAS, Hamilton County, acting through its Redevelopment Commission, has
issued its 2003 Redevelopment District County Option Income Tax Revenue Bonds to pay the
costs to construct the Boulevard; to improve the intersection of the Boulevard and Rangeline
Road with U.S. 31; to provide for the construction of public drainage for the Boulevard; to
partially pay the cost of the public right of way needed for the Boulevard; and to acquire right of
way for potential future improvements to U.S. 31; and,
WHEREAS, part of Walter Street and a frontage road, along the westside of U.S. 31 ("the
Vacated Roads") need to vacated in order to permit the development of the Project; and,
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Sponsor(s): Councilor Luci Snyder
WHEREAS, the Vacated Roads, also serve the owners of Lots I through 9 in Walter's
Plaza; and,
WHEREAS, the owners of the Lots in Walter's Plaza will be provided with access to the
new Clay Terrace Boulevard; and,
WHEREAS, Clay Terrace Partners, LLC, has joined the Petitioner, the Board of
Commissioners of Hamilton County, in requesting this Ordinance; and,
WHEREAS, there has been no evidence of probative value presented in opposition to the
vacation at the public hearing held regarding said vacation; and,
WHEREAS, it has been demonstrated by preponderance of the evidence that the vacation
of the Vacated Roads would be in the best interest of the public.
NOW, THEREFORE, BE 1T ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I:
1. Pursuant to Indiana Code 36-7-3-12, those portions of Walter Street and
a frontage road described in the attached Exhibit A, B, and C are hereby vacated as public right
of way and title as such vacated right of way hereby reverts to, and is vested in, the owners of the
real estate abutting said rights of way, namely Clay Terrace Partners, LLC.
2. The above vacation shall not be effective as to the interest to any public
utilities located within the above right of way.
3. The Board of Commissioners of Hamilton County, their contractors,
and subcontractors; and the Petitioner, Clay Terrace Partners, LLC, their contractors, and
subcontractors; shall provide continuance access to the owners of Lots 1 through 9 of Walter's
Plaza, during the construction of the new Clay Terrace Boulevard.
Sponsor(s): Councilor Luci Snyder
Presented by me to the Mayor of the City of Cannel, Indiana this [~ day of August,
2003, at /~,9;0t'_, ,+M.
Di~-~a L. Cordr~~reasurer
Approved by me, Mayor of the City of Carmel, Indiana, this ~"~day of August, 2003,
J,~(mes Brainard, Mayor
ATTEST:
Dl~aL~. Cordrayl, ?~Ci" . ~ reasurer
Prepared by:Michael A. Howard
Attorney at Law
694 Logan Street
Noblesville, Indiana 46060
317) 773-4212
Land Description
Walter Street
A part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, in
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast comer of said Northeast Quarter Section; thence South 88
degrees 47 minutes 30 seconds West (assumed bearing) along the north line thereof a
distance of 1305.54 feet to the Northwest comer of the East Half of said Northeast
Quarter Section; thence South 00 degrees 00 minutes 09 seconds East along the west line
thereof a distance of 85.32 feet to the proposed south Right-of-Way line of 146th Street;
thence North 88 degrees 47 minutes 30 seconds East along said Right-of-Way line a
distance of 1250.54 feet to the west Right-of-Way line of U.S. 31; the following two
courses are along said west Right-of-Way line (I) thence South 45 degrees 18 minutes 52
seconds East a distance of 2.63 feet; (2) thence South 00 degrees 05 minutes 52 seconds
East a distance of 1954.33 feet to the south line of property as described in Corrective
Personal Representative's Deed to Hontos recorded as Instrument Number 9909918483
in the Office of the Recorder of Hamilton County, Indiana; thence South 88 degrees 47
minutes 52 seconds West along the south line thereof distance of 84.02 feet to the
northeast comer of Tract B as described in the Replat of Part of Waiters' Plaza Replat,
recorded in Plat Book 7, Page 126 in said Recorder's Office; the following 2 courses are
along the east line of said Tract B; (1) thence South 00 degrees 11 minutes 04 seconds
East a distance of 43.91 feet; (2) thence South 02 degrees 14 minutes 46 seconds West a
distance of 117.91 feet to a tangent curve to the right having a radius of 1378.61 feet;
thence southwesterly along said curve an arc distance of 112.94 feet (said curve being
subtended by a chord beating South 02 degrees 09 minutes 45 seconds West and a chord
length of 112.91 feet) to the Point of Beginning and the south line of said Tract B; thence
South 06 degrees 02 minutes 38 seconds West a distance of 50.41 feet to the north line of
Tract A in said Replat of Part of Walters' Plaza Replat; the following two courses are
along the north line of said Tract A; (1) thence South 88 degrees 47 minutes 52 seconds
West a distance of 371.47 feet to a tangent curve concave southeasterly having a radius of
393.77 feet and a radius point which bears South 01 degree 03 minutes 44 seconds East;
2) thence southwesterly along said curve an arc distance of 50.80 feet to the west of
Right-of-Way line of Clay Terrace Boulevard and a point which bears North 08 degrees
27 minutes 13 seconds West from the radius point and a point on a non-tangent curve
concave northeasterly having a radius of 546.00 feet and a radius point which bears North
80 degrees 23 minutes 38 seconds East; thence northwesterly along said curve and said
west Right-of-Way line of Clay Terrace Boulevard an arc length of 50.03 feet to said
south line of Tract B and a point which bears South 85 degrees 38 minutes 39 seconds
West from the radius point, and to a point on a non-tangent curve concave southeasterly
having a radius of 443.77 and a radius point which bears South 08 degrees 17 minutes 15
seconds East; thence northeasterly along said curve and said south line of Tract B an arc
distance of 55.90 feet to a point which bears North 01 degree 04 minutes 14 seconds
West from the radius point; thence continuing along said south line of Tract B North 88
degrees 47 minutes 52 seconds East a distance of 377.77 feet to the Point of Beginning.
Containing 0.492 acres, more or less.
EXHIBIT A, P. 1
Land Description
Frontage Road (Tracts 1,2 & 3)
A part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, in
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast comer of said Northeast Quarter Section; thence South 88
degrees 47 minutes 30 seconds West (assumed bearing) along the north line thereof a
distance of 1305.54 feet to the Northwest comer of the East Half ofsaid Northeast
Quarter Section; thence South 00 degrees 00 mimttes 09 seconds East along the west line
thereof a distance of 85.32 feet to the proposed south Right-of-Way line of 146~ Street;
thence North 88 degreeS 47 minutes 30 seconds East along said Right-of-Way line a
distance of 1170.06 feet to the Point of Beginning and the west Right-of-Way line of a
frontage road; thence continuing North 88 degrees 47 minutes 30 seconds East along said
Right-of-Way line a distance of 80.48 feet to west Right-of-Way line of U.S. 31; the
following two courses are along said west Right-of-Way line (1) thence South 45 degrees
18 minutes 52 seconds East a distance of 2.63 feet; (2) thence South 00 degrees 05
minutes 52 seconds East a distance of 1954.33 feet to the south line of property as
described in Corrective Personal Representative's Deed to Hontos recorded as Instrmnent
Number 9909918483 in the Office of the Recorder of Hamilton County, Indiana; thence
South 88 degrees 47 minutes 52 seconds West along the south line thereof distance of
84.02 feet to said west Right-of-Way line of the Frontage Road, the following 4 courses
are along said west Right-of-Way line; (1) thence North 00 degree 05 minutes 52 seconds
West a distance of 156.96 feet; (2) thence North 02 degrees 11 minutes 35 seconds East a
distance of 250.20 feet; (3) North 00 degree 05 minutes 52 seconds West a distance of
1350.00 feet; (4) thence North 02 degrees 29 minutes 01 seconds West a distance of
199.43 feet to the Point of Beginning. Containing 3.407 acres, more or less.
EXI-IIBIT A, P. 2
CONSENT TO PETITION TO VACATE PART
OF WALTER STREET, U.S. 31, AND A FRONTAGE
ROAD IN THE CITY OF CARMEL
The undersigned, on behalf of Clay Terrace Partners, LLC, ("Clay Terrace")
represents to the Common Council of the City of Carmel the following:
1. As of the date of this Petition Clay Terrace is the owner of all parcels of
real estate contiguous to the portions of Waiter's Street and a frontage road, described
in the Petition to Vacate Right of Way filed by the Board of Commissioners of Hamilton
County, ("the Petition").
2. Clay Terrace has examined the Petition and Ordinance D-1642-03,
acknowledges that all facts in the Petition are true, and request the Common Council to
approve Ordinance D-1642-03.
Clay Terrace waives Notice of Public Hearing as required by Indiana Code
36-7-3-12.
CLAY
TE~
PARTNERS, LLC
BY:~' o~.~Gurnik, Manager
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public this 22nd day of July, 2003,
personally appeared the within named Gregory C. Gurnik, as Manager, of Clay Terrace
Partners, LLC, and acknowledged the execution of the foregoing document.
WITNESS my hand and official seal.
Marianne Bdnson
425435
Hamilton County
4~,M ~ i~BrFr~ ~ ~': 21,2008
Notary Public,
Residing in .~.~_--~o¢ County, IN
This instrument erepared by Michael A. Howard. Noblesville City Attorney. 694 Logan Street. Noblesville. ndiana 46060.773-4212.
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
CARMEL CITY COUNCIL
IN RE: PETITION TO VACATE A PART OF WALTER'S STREET
AND U.S. 31 FRONTAGE ROAD IN THE CITY OF CARMEL,
INDIANA
The undersigned, Board of Commissioners of Hamilton County (the "Petitioner"),
by counsel, pursuant to Ind. Code § 36-7-3-12, hereby petitions the Carmel City Council
to vacate: (1) a part of Waiter's Street and associated right-of-way (hereinafter
Waiter's Street"), as shown and legally described n Exhibit A attached hereto; and (2)
a part of the Frontage Road along U.S. 31 between Waiter's Street and 146th Street
and associated right-of-way (hereinafter "Frontage Road"), as shown and legally
described in Exhibits B and C attached hereto. The purpose of the vacation is so that
such real estate may be included to accommodate necessary facilities including but not
limited to water detention, drainage, and the reconfiguration of Rangeline Road and for
the proper implementation of the redevelopment plan for the U.S. Highway 31 and 146th
Street Planned Unit Development previously established by Ordinance No. Z-386-02
Clay Terrace"). In support of such Petition, Petitioner alleges as follows:
1. The Petitioner is the duly elected and acting executive and legislative branch
of Hamilton County, Indiana.
2. Waiter's Street is located within and maintained by the City of Carmel,
Indiana, having been dedicated to the public pursuant to the Waiter's Plaza Replat
Waiter's Plaza"), Plat Book 2, pg. 267 duly recorded in the Hamilton County
Recorder's Office, City of Carmel, Indiana, a true and accurate copy of which is
attached hereto as Exhibit D?
t Waiter's Plaza was replatted at Replat of Waiter's Plaza Replat, Plat Book 7, pg. 126 duly recorded in the
Hamilton County Recorder's Office, a true and accurate copy of which is attached hereto as Exhibit E.
3. The City also maintains the Frontage Road located along the west side of
U.S. 31 running nOrth/south in the area of Waiter's Street to the south and the newly
constructed 146th Street overpass to the north.
4. The City maintains the Waiter's Street and the Frontage Road by virtue of the
Annexation Ordinance No. C-42, duly recorded in the Hamilton County Recorder's
Office on or about January 20, 1975, a true and accurate copy which is attached hereto
as Exhibit F.
5. The Petitioner needs to vacate Waiter's Street and the Frontage Road so that
such real estate may be included and incorporated into the Clay Terrace Development
Plan. A true and accurate copy of the Clay Terrace Development Conceptual Plan is
attached hereto as Exhibit G.
6. Vacation of Waiter's Street and the Frontage Road is necessary so that such
real estate may be included to accommodate necessary facilities including but not
limited to water detention, drainage, and the reconfiguration of Rangeline Road and for
the proper implementation of the redevelopment plan for the U.S. Highway 31 and 146th
Street Planned Unit Development previously established by Ordinance No. Z-386-02
Clay Terrace").
7. Tract A and Tract B of the Replat of Part of Waiter's Plaza Replat, which is
the only property contiguous to the portion of Waiter's Street to be vacated are now
owned by Metro Acquisitions, LLC, a related entity to the developer Lauth Property
Group, Inc., and the portion of the Waiter's Plaza containing the right of way of Waiter's
Street has been previously vacated by action of the Carmel Plan Commission on
January 7, 2003, pursuant to Docket 16702. This vacation will facilitate the
reconfiguration of Rangeline Road and construction of detention facilities installed as
part of Clay Terrace.
8. An alternate route of ingress and egress to the remaining Lots 1 - 9 in
Waiter's Plaza is being provided for, as depicted in Exhibit G, in connection with the
reconfiguration of Rangeline Road as it crosses U.S. 31 and turns to the north.
9. The property owners who own the property contiguous to the Frontage Road
a. Elliott T. Liebtag, Mary M. Luongo, and Anthony Luongo
cio Elliott Liebtag
5560 N. Broadway Ave.
Indianapolis, IN 46220
b, Peter A. Pappas, et al.
10015 Ridge Drive
Indianapolis, IN 46256
c. Electrifix, Inc.
1648 Walpole Lane
Indianapolis, IN 46231
d.a Indiana Department of Transportation
6400 E. 30th Street
Indianapolis, IN 46219
10. Clay Terrace Partners, LLC, the.developer, has obtained the exclusive right
to purchase the four real estate parcels contiguous to the west of the Frontage Road,
and will acquire such parcels upon gaining necessary approvals to facilitate
development of Clay Terrace.
11. Vacation of the portion of the Frontage Road as requested herein is
consistent with action taken by the Town of Westfield when pursuant to Ordinance No.
97-17, a true and accurate copy of which is attached hereto as Exhibit H, it vacated the
Frontage Road as it continues north of 146th Street to Greyhound Pass.
12. None of the property owners with land contiguous to the Frontage Road will
be adversely affected by the requested vacation.
13. Access to the one real estate parcel not being purchased by the developer in
connection with Clay Terrace that is only accessible by the Frontage Road is being
provided an alternative means of ingress and egress by the reconfigured Rangeline
Road. Therefore, the vacation will not make access to the lands of any property owner
in the City difficult or inconvenient.
14. It is in the public interest to vacate Waiter's Street and the Frontage Road in
order to facilitate development of Clay Terrace.
15. The value of the real estate contiguous to the area being vacated will not be
substantially diminished by the granting of this Petition for the reason that the Clay
Terrace Development Plan has already been approved and made a part of Ordinance
No. Z-386-02. n addition, the Clay Terrace Development Plan provides for a significant
landscape buffer between the commercial development and the neighboring residential
lots remaining ~n Waiter's Plaza.
16. The Petitioner agrees that access shall continue to be maintained to the lot
holders in Waiter's Plaza, and other landowners benefitted by the Frontage Road until
the new roads and drives within Clay Terrace are available for public use.
WHEREFORE, the Petitioner requests that the Carmel City Council vacate parts
of Waiter's Street and the Frontage Road more particularly described herein, and for all
other proper relief.
Christine AItman
Ste~'~- A Holt-
BY:
MiChael A. Ho-ward,
Hamilton County Attorney
ATTEST:
Rdbin M. Mills, Auditor
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally
appeared Christine Altman, Steven C. Dillinger and Steven A. Holt who, having been
duly sworn, acknowledged the execution of the foregoing and affirmed under penalties
of perjury that the statements contained therein were true to the best of their knowledge
and belief.
WITNESS my hand and Notarial Seal this IL~day of ~:~'~.~ L. ,2003.
Public
My Commission Expires:My County of Residence:
143287~1 (1750-0226)