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Tingley, Connie S
From:
Sent:
To:
Cc:
Subject:
Dobosiewicz, Jon C
Thursday, November 14, 2002 11 :08 AM
Tingley, Connie S
Lillig, Laurence M; Lawrence, Kelli A; Hollibaugh, Mike P; Brewer, Scott I; Fahey, Joyce 0
Docket Number Assignment - PV; Part of Walters Plaza Replat (Plat Vacation)
Connie,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary
Docket Number for the Part of Walters Plaza Replat (plat Vacation). It will be the following:
167-02 PV $560
Total Fee: $560
Docket No. 167-02 PV; Part of Walters Plaza Replat (Plat Vacation)
The applicant seeks approval to vacate a portion of the Replat of Part of Walter's Plaza Replat. The site is
located on the north and south sides of Walter Street (Tract "A" and "B" of the Plat).
Filed by Michael C. Cook of Wooden & McLaughlin for Metro Acquisitions, LLC.
Please note the following:
· This Item will be discussed at the November 20, 2002 Technical Advisory Committee meeting. Distribution
of plans needs to occur no later than October 4, 2002.
· Mailed and Published Public Notice needs to occur no later than Friday, November 22, 2002. Published
notice is required within the Indianapolis Star.
· Twenty (20) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than noon, Friday, December 6, 2002. Failure to submit Informational Packets by this time will result in
the tabling of the petition to the Tuesday, January 21,2003, agenda of the Plan Commission.
· Proof of Notice will need to be received by this Department no later than noon, Monday, December 16, 2002.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
· This Item will appear on the December 17, 2002, agenda of the Plan Commission under Public Hearings.
· This Item may also appear on the January 7, 2003, agenda of the Plan Commission Subdivision
Committee.
Please contact Mr. Cook at 639-6151 (Fax: 639-6444) with this information. Once the file is updated (copy of fax
filed and file labeled on cover and internal files) please return the it to my office.
Thanks,
Jon
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!!!!iI1ey, Connie S
From:
Sent:
To:
Cc:
Subject:
Dobosiewicz, Jon C
Thursday, November 14, 2002 11 :08 AM
Tingley, Connie S
Lillig, Laurence M; Lawrence, Kelli A; Hollibaugh, Mike P; Brewer, Scott I; Fahey, Joyce D
Docket Number Assignment - PV; Part of Walters Plaza Replat (Plat Vacation)
Connie,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary
Docket Number for the Part of Walters Plaza Replat (Plat Vacation). It will be the following:
167-02 PV $560
Total Fee: $560
Docket No. 167-02 PV; Part of Walters Plaza Replat (Plat Vacation)
The applicant seeks approval to vacate a portion of the Replat of Part of Walter's Plaza Replat. The site is
located on the north and south sides of Walter Street (Tract "A" and "B" ofthe Plat).
Filed by Michael C. Cook of Wooden & McLaughlin for Metro Acquisitions, LLC.
Please note the following:
· This Item will be discussed at the November 20, 2002 Technical Advisory Committee meeting. Distribution
of plans needs to occur no later than October 4, 2002.
· Mailed and Published Public Notice needs to occur no later than Friday, November 22,2002. Published
notice is required within the Indianapolis Star.
· Twenty (20) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than noon, Friday, December 6, 2002. Failure to submit Informational Packets by this time will result in
the tabling ofthe petition to the Tuesday, January 21,2003, agenda of the Plan Commission.
· Proof of Notice will need to be received by this Department no later than noon, Monday, December 16, 2002.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
· This Item will appear on the December 17,2002, agenda of the Plan Commission under Public Hearings.
· This Item may also appear on the January 7, 2003, agenda ofthe Plan Commission Subdivision
Committee.
Please contact Mr. Cook at 639-6151 (Fax: 639-6444) with this information. Once the file is updated (copy of fax
filed and file labeled on cover and internal files) please return the it to my office.
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Thanks,
Jon
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WOODEN & MCLAUGHLIN
IaI 003
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BEFORE THE CARMEL PLAN COMMISSION .
APPLICATION TO VACATE PLAT, COVENANTS,
AND PUBLIC UTILITIES
Name of Applicant: Metro Acquisitions, LLC
AppUcant's Phone Number: 317-575-3076 (Joe Downs)
Address of Applicant: 9777 N. Colle2e A venue, Indianapolis, Indiana 46280
Names of Owners: Alberta Walter
Address of Owners: 305 Walters Street, Carmel, Indiana 46032
Name of Subdivision: Walters Plaza Replat
Recordation Information: Walters Plaza Replat, Plat Book 2, Pg. 267 in the Hamilton
County Recorders Office.
Description of portion of plat to be vacated: Tract" A" and Tract "B"
Area, in acres, of portion of plat to be vacated: Tract A 2.5 acres; Tract B 2.78 acres
Are you also asking to vacate covenants, commitments, and/or public utilities? Yes X No _
If yes, then attach record-stamped copy of the subject covenants, commitments, and plat.
State reasons prompting request: to remove lot lines and draina2e and/or utility easements to
facilitate inclusion of Tract "A" and Tract lOB" as part of redevelopment and creation of Clay
Terrace Development.
State conditions requested as part of approval: 0
1 <----..
Michae C. Cook, Attorney for Applicant
WOODEN & McLAUGHLIN LLP
1600 Capital Center South
201 N. Dliriois Street
Indianapolis, IN 46204
(t) 317-639-6151
(t) 317-639-6444
(email)mcook@woodmaclaw.com
11/08/02 FRI 15:36 FAX 317 6~9 6444
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WOODEN & MCLAUGHLIN
IaJ 004
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STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in
Michael C. Cook, attorney fo
this Petition for Annexation.
or said County and State, personally appeared
~ V~. , , who acknowledged execution of
Norma Jean O'Connor, Notary Public
County of Residence: Marion
My Commission Expires: April 22, 2007
My Commission Expires:
WITNESS, my hand and Notarial Seal this g day of November, 2002.
'f-~~~O~~~
. ) Notary Public
My County of Residence:
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2
11/08/02 FRI 15:36 FAX 317 639 6444
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WOODEN & MCLAUGHLIN
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REPLAT OF PART OF WALTER'S PLAZAREPLAT
The undersigned, Charles E. Walter and Alberta Walter, owners of the real estate shown-
and described herein, do hereby certify that we have laid off, platted and subdivided, 'and
donereby layoff, plat and subdivide, said real estate 1n accordance with the within plat.
The following restrictions, limitations, and covenants are hereby imposed upon and shall run
with the land contain"d in such plat. -
This subdivision shall be known and designated as REPLAT OF PART OF WALTER'S PLAZA REPLAT,
a subdivision in H8lII1lton County, Indiana. All streets and alleys shown and not heretofore
dedicated, are hereby dedicated to the pUbliC.
Front and side yard building setback lines are hereby established as shown on this plat,
between which line and the property lines of the street, there shall be erected or maintained
no building or structure.
There are strips of ground as shown on thie plat and.marked Drainage and Utility Easement,
reserved for the use of public utilities for the instellation of water end sewer mains, poles,
ducts. lines and wires, subject at all times to the proper authorities and to the easement
herein reserved. No permanent or other structures are to be erected or maintained upon said
stripe of land, but owners of lots in this subdivision shall take their titles subject to the
rights of the public utilities.
_ There are strips of ground. as shown on this plat snd marked Drainsge, Utility and Drive
way Access Easement, reserved for the use of public utilities for. the installation of water.
and sewer mains, poles, ducts, lines and wires and reserved for the use of the City of Carmel
for the construction and use of a paved or stoned access drive to provide access to sewers
and related facilities, subject at all times to the proper authoritiea and to the easement
herein reserved. No permanent or tempersry structures or fences are to be erected or main-
teined upon said strips of land, but ownere of lote in this eubdivision shall take their titles
subject to the rights of thd public utilities and the City of Carmel.
Lots 1 through 13 in this subdivieion are reserved for reeidential use, and no building
other than a one family residence or structure or facility accessory in uee thereto shall be
erected thereon not more than one building shall be srected or ueed for residential purposes
on lots 1 through 13 in this subdivision.
The ground floor area of the maln.structure on lote 1 through 13, exclusive of one-story
open porches and garages, ehall be not less than fourteen hundred (1400) square fest tn the
case of a one-story structure, nor lese then one thousand (1000) square feet in the case of
a multiple story structure. provided no structure of more than one story shall heve less than
an aggregate of eighteen hundred (lBOO) square feet of finished and liveable floor area.
Na trailer, tent, shack, attached shed, basement, garage, barn or other outbuilding or
temporary structure ahall be used for temporary or permanent reddence on eny lot in this
subdivision. An ettached garage, tool shed or detached storage building erected or used as
an accessory to a residence in this subdivision shall be of a permanent type of construction
and conform to the general architecture and appearance of such residence.
No fence shall. be erected in this subdivision between the building lines and the property
lines of the streets as shown on the within plat, except with approval of the owners, which
fences shall not exceed 42 inches in height and shall be of a decorative nature.
No building, structure or accessory building shall be erected closer to the side of any
lot then 10 feet, however, any proposed construction closer than 15 feet to the side of any
lot must be approved by the owners. Where buildin~s ere erected on more than one single lot
this restriction shall apply to the side lines of the extreme boundaries of the multiple lots.
No structure in this subdivision, without special approvel from the owners, shall exceed
2-1/2 stories or 25 feet in height measured from finish grade to the under side of the eave
line, and no structure other than an open porch ehall be erected between the building line as
designated on the plat and the property line of the street.
No boat, trailer or camper of any kind (including but not in limitation thereof, house
trailers, camping trailers or boat trailers), or any disabled vehicle shall be kept or parked
upon any lot except within a garage or other approved structure.
On Iota 14 through 17 in this subdivision by variance granted by the Carmel Board of Zoning
Appeals on November 27, 1978, under Docket No. BA47-78, multiple family structures may be erected
limited to four units it being acknowledged that such multiple femily structures already exist
on lot 14 and on lot 16. .. .-
Tract.s "A" and "8" in this subdivision by specific action of the carm~.;;-'~l~~.~1sS.i..O~')
on January 16; 1979, under Docket No. 27-78Z, were changed from R2 zoning B3 zoning with the
provision that no fast food businesa causing high-density traffic may be e ta .i~ed thereon. .
In all other respects, Tracts "A" and "B" shall be controlled as to business e anlt-a-li;....,ther .
requirements under the zoning regulations of the City of Carmel.
In the event storm water drainage from any lot or lots flows across another lot, provision
shall be made to permit such drainage to c.ontinue, without reetriction or reduction, across the
downstream lot and into the netural drainage chsnnel or course, even though no spacific drainage
easement for such flow of water is provided on said plat.
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A REPLAT OF PART OF WALTER'S PLAZA REPLAT
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MtOPERTY u...es AT STillE-IT 1Hrt:~~10Na
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I, the undersigned, a Registered Land Surveyor in the State of Indiana,
~ereby certify that the within plat represents a Replat of Part of Walter's
?laza Replat, the plat of which is recorded in Plat Book 2, page 267 in the
Jffice of the Hamilton County Recorder, Hamilton County, Indiana, described
.3.S follows: .
Beginning on the South line of the NortheaSt Ouarter of Section 24,
rownship 18 North, Range 3 East 634.90 feet South 90 degrees 00 minutes 00
secondR W'P.At" (Aj:lAltmP,,f hPJtrina' f'.,.""" ~hp !C:"'n....hADQ~ ,...n't"'TU~~ .,.h..~,..nf. thpn~...
~ubject to a utility and sanitary sewer easement as recorded in
MiscelLaneous Record 232, pages 76-81 in the Office of the Recorder of
Hamilton County. Indiana.
Subject further to all other legal easements and rights of way.
This subdivision consists of 17 lots, "nUlllbered 1 through 17 snd
Tracts A-and B, both inclusive, with streets 4S shown hereon. The size
nf 1or,q .Ann witt.,.h nf f"hfla QrrA"~ ...."f1'h.,.Q_n-F...'40~' ctht'W.ft'\ of", 4=......."..,... "'............f........
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PROPERTY LDlQ .AT STalT OOERSaC"OQ
AKa ROONOKO rH A RAD41 M 10' NOtlItN8R
DlMew5'OWS 6WDWN 411. 1'0 'nil It I. OP THI.
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!;ubject to a utility and sanitary sewer easement as recorded in
MiscelLaneous Record 232, pages 78-81 in the Office of the Recorder of
Hamilton County, Indiana.
Subject further to all other legal easementll and rights of way.
This subdivision consists of 17 'lots, numbered 1 through 17 and
Tracts A and B, both inclusive, with streets as shown hereon. The sb
of lots and width of the street rightll-of-way shown in figures denotit
feet and decimal parts thereof.
. I, the undersigned, a Registered Land Surveyor in the State of Indiana,
! hereby certify that the within plat represents a Replat Of Part of Walter's
Plaza Replat, the plat of which is recorded in Plat Book 2, page 267 in the
Office of the Hamilton County Recorder, Hamilton County, Indisna, described
as follows:
Beginning on the South line of the Northeast Quarter of Section 24,
Township 18 North, Range 3 East 634.90 feet South 90 degrees 00 minutes 00
seconds West (assuuied bearing) from the Southeast corner thereof; thence
South 90 degrees 00 minutes 00 seconds West on said South line 672.14 feet
to the West line of the East Half of said Northeast Quarter; thence North
00 degrees 57 minutes .05 seconds East on said West line 599.21 feet; thence
North 89 degrees 56 minutes 25 seconds Rast 1173.16 feet to the West right
of way line of Frontage Road #2 per I.S.H.C. 'plans S165(14) dated 1960;
thence South 00 degrees 57 minutes 29 seconds WelIt on said right of way
line 43.91 feet; thence South 03 degrees 23 minutes 19 seconds West on
said right of way line 117.91 feet to a point on a non-tangent curve to
, the right, the radius point of which bears North 89 deRrees 02 minutes 31
seconds West 1378.61 feet; thence Southwesterly on said curve and right
of way line 367.54 feet to a point that bears South 73 degrees 46 minutes
01 seconds East 1378.61 feet from the aforesaid radius point; thence South
22 degrees 03 minutes 45 seconds West on said riRht of way line 38.21 feet
to a point that 1s North 00 deRtees 00 minutes 00 seconds 41.00 feet from
~e South line of said Hortheast Quarter; thence South 90 deRrees 00
m1nutes 00 seconds West parallel with said South line 434.15 feet; thence .
South 00 degrees OQ minutes 00 seconds 41.00 feet to the place of beginning,
containing 15.448 acres, more or less.
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The undersigned, Board of Commissioners of Hamilton County ("the Petitioners") allege
BEFORE THE CARMEL PLAN COMMISSION
PETITION FOR PARTIAL VACATION OF PLAT
as follows:
1. The Petitioners are the owners of Lots 24, 25, 26, 27, 28,29,30,31, and 32 ("the
Lots") in Danbury Estates, asubdivision located within the City of Carmel,
Indiana, as per the plat thereof which was duly recorded in the Office of the
Hamilton County Recorder on the 30th day of June, 1994, as Instrument No.
9429324 in Plat Cabinet No.1, Slide 435, as evidenced by the Deeds to Petitioner
which are attached hereto, made a part hereof, and marked Exhibit A.
2. The Petitioner is the duly elected and acting executive and legislative branch of
Hamilton County, and has acquired the Lots along with other real estate in order
to construct a ramp from north bound Keystone Avenue to 146th Street at the
intersection of 146th Street and Greyhound Pass ("the Project").
3. The Petitioners need to vacate part of the plat of Danbury Estates which includes
the Lots. The portions of Durham Drive and Dublin Drive, contiguous with the
Lots, have been previously vacated by action of the Carmel City Council in
Ordinance No. D-1529-0L
4. The portion of the plat to be vacated is described in Exhibit B and is shown in
Exhibit C.
5. The plat needs to be partially vacated in order to allow the construction ofthe
Project and to convey the excess land located west of the Project to the owner of
land west of the commercial development west of the Project. The commercial
land west of the Project is being COr;tstructed pursuant to Ordinance No. Z-344, for
the 146th Street and Keystone Avenue Planned Unit Development ("the
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Ordinance"), which was duly passed by the Common Council of the City of
Carmel on the 17th day of April, 2000, a copy of which is attached hereto and
marked Exhibit D.
6. The Ordinance includes a development plan for portions of Lots 26, 27, 28, and
29 which are located west of the right of way line of the Project.
7. Attached hereto as Exhibit E is a complete list of the owners of all of the
remaining lots in Danbury Estates pursuant to Indiana Code 36-7-3-11.
8. There are no single family residences on the lots.
9. The Petitioners will be dedicating right of way to the City of Carmel for
additional right of way south of Dublin Drive in order to permit a turn-a-round for
Dublin Drive and to pennit access to the property owner located south of the Lots.
The area to be dedicated is shown and described as parcels 4C and 4D on the
attached Exhibit F.
10. The Petitioners also seek to vacate the covenants, conditions, and restrictions of
Danbury Estates recorded on the 30th day of June, 1994, as Instrument No.
9429325 only as to the lots described above.
11. The conditions concerning the Lots contained in the plat of Danbury Estates have
changed since the date of the filing of the Plat because the Petitioners have
acquired the Lots for public right of way, and because of the construction of the
Project, portions of Lots 26, 27, 28, and 29 are no longer contiguous to the
balance of Danbury Estates.
12. It is in the public interest to vacate the portion ofthe Plat, including the Lots and
the public right of way, described in Exhibit B in order to allow the construction
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of the Project and to allow the portion of the Lots located west of the Project to be
utilized to create a tax base to pay the costs of the Project through Tax Increment
Financing.
13. The value of the Lots in the plat not owned by the Petitioner will not be
substantially diminished by the granting of this Petition for the reason that the
commercial project which is located west of the Project is already being
constructed and the construction of the Project have all been considered and made
part of Ordinance No. 2-344.
WHEREFORE, the Petitioner requests that the Cannel Plan Commission partially vacate
the plat of Danbury Estates, as said plat applies to Lot Nos. 24 through 32, including the portion
of the right of way of Durham Drive and Dublin Drive which are described in Exhibit B, as well
as the covenants, conditions, and restrictions of Danbury Estates as they apply to the real estate
described in Exhibit B.
BOARD OF COMMISSIONERS OF
HAMILTON COUNTY
~"e:e'~~
Sharon R. Clark
Stev.~illinger
7A () Iif:/
Steven A. Holt
ATTEST:
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Ro in M. Mi Is, AudItor
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STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public, this JL day of January, 2002,
personally appeared the within named Steven C. Dillinger, Steven A. Holt, and Sharon R. Clark
as the Board of Commissioners of Hamilton County and Robin M. Mills as the Auditor of
Hamilton County and acknowledged the execution of the foregoing document.
WITNESS my hand and official seal.
lxlLL)"f) D. C.U1xcla.L"
. Notary Public
Residing in \-Elm II-lts-ncounty, Indiana
My Commission Expires:
'5.Dlo.QS
This instrument prepared by Michael A. Howard, Attorney for Hamilton County, Indiana, 694 Logan
Street, Nob1esville, Indiana 46060 (317) 773-4212.
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WARRANTY DEED
19990996nIJ7
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY l ClARK
On 11-19-1999 At 02.59 pI.
W DEED NC .00
. "
~~ / . .
THIS INDEH'l'URE WITNESSETH, that Langston Development Company,
Ine., of Hamil ton County, in the state of Indiana, Convey and
Warrant to the Board of Commissioners of Haailton County, state of
Indiana, for and in cpnsideration of One Dollar ($1.00) and all
other valuable consideration, the receipt of which is hereby
acknowledged, the fo;I.lowing described Real Estate in Hamilton
County in the state of Indiana, to-wit:
Lots Numbered 24, 25, 26, 27, 28. 29, 31, and
32 in Danbury Estates Section One, a
subdivision in Hamilton County, Indiana, as
per plat thereof, recorded June 30, 1994, as
Instrument No. 9429324 in the Office of the
Recorder of Hamilton County, Indiana.
IN WITNESS WHEREOF, the said qrantor, Langston Development
Company, Inc., has set their hand and seal, this a 3 day of
~}~
, 1997.
COMPANY, INe.
By:
Printed:
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Vlle. ?\e~' d~*
Title:
By:
P "nted: ~j/1 &/W/ft'C.4.s.
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FXHffiTT A Pl....
DULY EMTEaED FOR TAXATION
s~toflnal ~lorttW(er
...J4-dayof - 19~
f.?>t &;1- ~COuDty
Paroe1t.lli- IC\- ~(}O-^~-~W
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o3~.ldl
Title:
Requested By: mah 01\16\2002
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STATE OF INDIANA )
)85:
COUNTY OF HAlfiLTON )
Subscribed and sworn to before me, a Notary Public this ~3 d
day of 5(,\.llj , 1997, personally appeared the within named
.:rAm~s ~. hAAlj.stON - as Ul~C. P~e..siIHm.f and JDhIJ"R edW,4,eAJS
as () l C! -( P ~ t>..s; nc> ",,1' of Langston Development
company, Inc., and acknowledqed the execution of the foreqoing
document.
WITNESS my hand and official seal.
My commission Expires:
9. .J- ~-11
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Notary PubliCa 3>-\:n.\~'\:n.1'"\ \-. !nt,I, . <' i \.
Residing in fMlIJ,')'.f;; count"{!"):.\ ."/ "Y'T~ .
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This instrument prepared by Michael A. Howard, Attorney at laW, 694
Logan street, P.O. Box 309, Noblesville, Indiana 46060, 773-4212.
EXHIBIT A P? .'
....~
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DULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
. II day of~, 20-.QL
~~ ~ Auditor of Hamilton CountJ
Parcel #. 1/; -1{)-lq'Q'-()~~(\.l-U)
2001000421'12
Filed for Rccord in
HnMILTON COUNTY, INUH\Nn
Ii\ARY L CLAR~~
07-11-2001 11:30 am.
W DEED NC .00
Tins transaction exempt from
disclosure Rcason No.3
,yP@
WARRANTY DEED
Hamilton County Parcel No. 16-10-19-00-08-030.00
Document Cross Reference No. 9609620442
THIS INDENTURE WITNESSETH, that George and Benita Loperena. (hereinafter referred
to as "Grantors"), Convey and Warrant to the Board of Commissioners of Hamilton County. Indiana,
(hereinafter referred to as "Grantee") for and in consideration of One Dollar ($ 1.00) and all other
valuable consideration, the receipt of which is hereby acknowledged. the following described Real
Estate in Hamilton County in the State of Indiana, to-wit:
Lot Number 30 in Danbury Estates Section One, a subdivision in
Hamilton County, Indiana, as per plat thereof. recorded June 30. 1994
as Instrument No. 9429324 in the Office of the Recorder of Hamilton
County, Indiana. (hereinafter referred to as uthe Real Estate").
Subject to real estate taxes payable in November of2001 and.thereafter.
Subject t() Ule Grantors' right to possession through August 1,2001.
Subject to a mortgage in the original amount of One Hundred Forty-
eight Thousand Five Hundred Dollars ($148,500) in favor of
Provident Funding Associates, L.P., which has been assigned to
Norwest Mortgage, Inc.. a California Corporation.
EXHIBIT A P. 3
C-.)
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IN WIfNESS WHEREOF, the undersigneds llave hereunto affixed their names and seals,
1/\ 'ft...
this _ i U day of July, 2001.
/~~
Georgelfoperen -
/(j~ ~
Benita Loperena
./
STATE OF INDIANA - )
)SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public this I 0 ~ay of Quhg .
200 I, personally appeared the within named George and Benita Loperena, and 'acknowledged the _
execution of the foregoing docwnent.
WITNESS my hand and official seaL .
.. r" -
,{;!J/Adjv~. ~
Not Public,
Residing in 7Yla-'l..u';' COlUlty, IN
My ConlInj.ssion Expires:
-. MICHEi..LE B PEPER_ -
NotAltYl'UBUCSTATEOF}NDIANA
-. MAl<1U'11 c()t)~
MY-C~~15'W~NE"*"'. ~P(i-\l2009
lllis instrument prepared by Michael A. Howard, Attorney at Law, 694 Logan Street, Noblesville, Indiana 46060, 773-4212.
EXHIBIT A P. 4
'W
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DESCRIPTION FOR VACATION OF A PORTION OF
DANBURY ESTATES, SECTION 1
A parto! Lots 24 through 31. and a. part of Durham Drive, an in Danbluy Estates. Section I, an addition
located in the North Half of1hc Norrhwest Quarter of Section 19. Township 1811OIth. range 4 east. Clay
Township, Hamilton County. Indiana. tho plat of which. is recorded as I'OStrmnent No. .9429324 in tbe
Office of the R.cootder ofuid county, and being more ~cula.1:1y deE;cribcdas follows:
BEGINN!NG at the southwest comer of aaid Lot 26; thence North 00 degrees 56 mm'Utes 44 seconds West
381.10 feet along th~' west lines of LoIS 26. 27. 28, and 29 orsm addition to the northwetrt corner of said
Lot 29; thence North 89 degrees 03 minutes 16 seconds East 312.53 met along north tines of Lots 29. 30,
31, ond 32m the northeast comer of said Lot 32; thence South 18 degrees 58 minutes 17 seconds East
195.61 D:et along the eastErly line of said 'Lot 32 to the soUtheast CDltWr of &aid Lot 32; thence along tho
southlinc Df$aid LDt 32 Southwesterly 75.34 Jl:et along an B1"C to the right having a radius of27S.00 feet
and subteDded by a long chord having a bearing of South 81 degrees 12 minutes 34 seconds West and a
length 0(75.10 ti:et; thence South 89 degrees 03 minutes 16 seoonds West \8.94 feel along said sou1h line;
t:bm1ee South 02 degrees 26 minutes 47 eecon& East 50.02 feet 10 1ha north line of Lot 24; thence North 89
degrees 03 minutes 16 sE:CODds Ban 17.64 feet along said noJth line; thence along said north line
Nort9asterly 17.34 .feet along an arc to the left having a radius of 325.00 feet and subtended by a long
chOTd having & beilling of North 87 degrees 32 mmutL'ls 02 seconds East 1mCl a length of 17.34 Jl:ct to the
norlhea.c;t comer of said Lot 24; 1:he:nce South 00 degreas 56 minutes 44 seconds East 135.90 feet along the
east line of said Lot 24 to the southeast comer of said lot 24; thence South 89 degrees 03 minutes J 6
seconds West 316.00 leet along the south lines of Lots 24. 2.5 and 26 to the Point of Beginning and
containing. 2.730 8CJ:CS. more or less.
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#29300014. State olh1diana Date" .
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TOTAL AREA
EXISTING R/W
NET TOTAL AREA =
=
9378.0 m2 (100944 ft2) (PLAT)
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9378.0 m2 . (100944 ft2) (PLAT)
THIS PLAT WAS PREPARED FROM INFORMATION
08T AINED FROM THE RECORDER'S OFFICE AND
OlHER SOURCES WHICH WERE NOT NECESSARILY
CHECKED BY A FIELD SURVEY.
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ES -8" ~532.3 m2(5730 m2)
R/W
PAR. NO. 4A
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150.33'
CENTERLINE STATION
IS IN METRIC SCALE.
R/W
PAR. NO. 4B
29
RES we- = 4609.9 m2( 49620 fl.2) .
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Gordon L Richardson, L S.
Registered land Surveyor, No. 50489
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3-05-01 RF"V. PAR. NO.4&. 4A.
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Given under my hond and seal~AQ(\\ 7,10CH
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EXHIBIT C
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CARMEUCLA Y PLAN COMMISSION
Cannel, Indiana
PLAT VACATION
FINDINGS OF FACT
lJ COpr
Docket No.: 14 -02 PV
Petitioner: Hamilton County
Part of Plat to be Vacated: Lots 24.25.26.27.28.29.30.31.32 ("the Lots") - ofthe Danbury Estates
Subdivision
Under Indiana Code 36-7-3-11, the Plan Commission shall approve the Petition for Vacation of part of
the plat only upon a finding that:
. Conditions in the platted Lots have changed so as to defeat the original purpose of the
Lots in the plat which the Petitioner seeks to vacate.
. It is in the public interest to vacate the Lots within the plat.
. The value of that part of the land in the plat not owned by the Petitioner will not be
diminished by vacation.
K Based on all the evidence presented by the Petitioner, we find the above facts to be true
and approve ofthe requested plat vacation, including vacation of covenants for the Lots,
in Danbury Estates Subdivision as recorded in Instrument No. 9429324 in plat cabinet
No.1, slide 435, in the Office of the Hamilton County Recorder
We hereby disapprove of the plat vacation request for the following reasons:
1.
2.
3.
. .
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DatedthisKdayof 1lI4t~
,2002.
STATE OF INDIANA )
)ss:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public, this -'.L day of ~ . 2002,
personally appeared the within named Marilyn Anderson, as President and Ramona Hancock, as Secretary
of the Carmel/Clay Plan Commission of the City of Carmel, and acknowledged the execution of the
foregoing document.
WITNESS my hand and official seal.
~~
C:.i7n ie S. Ti,{~/el../ , tary ublic
Residing in Hamil n <lOunty, Indiana
My Commission Expires:
/~f :<, ,207J8'
This instrument prepared by Michael A. Howard, Attorney at Law, 694 Logan Street, Noblesville, Indiana, 46060, 773-4212.
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150.33'
CENTER LINE STATION
IS IN METRIC SCALE.
R/W
PAR. NO. 48
29
ES "8"=419.3 m2(4513 m2)
R/W
PAR. NO. 4A
RES "c" = 4609.9 m 2( 49620 ft. 2) '.
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SCALE: 1" = 60'
RESIDUE
PAR. NO. 4E
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o Right of Way to Carmel
[J Wall Parcel to Owner of South Development
o Right of Way to INDOT
o Land to Kite as included in PUD Ordinance 2-344