HomeMy WebLinkAboutPlat Vacation Info
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CROSS REF:
DR 136. PAGES 365-367
LOTS 3,4,8,17, & 18
PLAT VACATION
PART OF THENE ~
SEC. 30 - T18N - R4E
HAMILTON COUNTY, INDIANA
THIS PLAT VACATION IS FILED FOR THE PURPOSE OF VACATING LOTS 3-4, 8, & 17-18,
CARMELWOOD, a Subdivision in HAMILTON COUNTY, INDIANA, the Plat of which is recorded in DEED
RECORD 136, PAGES 365-367, in the OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
As the plan commission having jurisdiction over the plaJ:!:~d area ofth~~~arrnelwood subdivision under IC 36-7-4, and
under authority provided by INDIANA CODE 36-7-3-W:#: & 36-7-3-~, and Ordinances adopted by the COMMON
COUNCIL OF THE CITY OF CARMEL, INDIANA, this Plat Vacation was given Approval by the CITY OF
CARMEL as follows:
-.-".' .---- ----.- -_._..._._"-~.. "'-~-~--~-'- - -~,
i,Docket No. 165-02 PV:'granted Approval by the CITY of CARMEL & CLAY TOWNSHIP ADVISORY PLAN
COMMISSION on Tuesday, February 18, 2003, pursuant to Indiana Code 36-7-3-11 upon Finding that:
A. The conditions in the platted area have changed so as to defeat the original purposes of the plat;
B. It is in the public interest to vacate a part of the plat; and
C. The value of that part of the land in the plat not owned by the Petitioner will not be diminished by
the vacation.
IT IS.. TIIEREEORE.,the. decision of the Carmel/Clay Advisory Plan Commission that the Petitioner's request under
i'Docket No. 165-02 PV~ granted, and that LOTS 3-4,8, & 17-18 within the plat of Carmel wood, a subdivision in
J_ ~ ~,- .__. '.,. ,.. _.. .,.l
Haiiiilton County, Indiana, as per plat thereof, recorded in DEED RECORD 136, PAGES 365-367, in the Office of
the Recorder of Hamilton County, Indiana, including, but not limited to, all covenants and commitments set forth
therein, are vacated as to the real estate described in Exhibit A attached hereto, subject to any conditions stated in the
minutes (which conditions are incorporated herein by reference and made a part of this decision.)
By:
Ramona Hancock, Secretary
COUNTY OF
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STATE OF INDIANA
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Before me, a Notary Public in and for said County and State, personally appeared Ramona Hancock, Secretary of the
Carmel/Clay Advisory Plan Commission who acknowledged the execution of the foregoing Certificate of Plan
Commission Action.
Witness my hand and Notarial Seal this _ day of
,2004.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES:
COUNTY OF RESIDENCE:
Instrument prepared by:
Douglas C. Haney
Carmel City Attorney
Carmel City Hall
One Civic Square
Carmel, Indiana 46032.
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This Plat Vacation was given approval by the BOARD OF PUBLIC WORKS & SAFETY of the CITY OF CARMEL,
Indiana, at a meeting held on the day of , 2004.
James Brainard, Mayor
Lori Watson
Mary Ann Burke
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
prepared by:
Douglas C. Haney
Carmel City Attorney
Carmel City HaJJ
One Civic Square
Carmel, IN 46032
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F,XHTRTT A
Lot 3 in Carmelwood, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in
Deed Record 136, page 365-367, in the Office ofthe Recorder of Hamilton County, Indiana.
Lot 4 in Carmelwood, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in
Deed Record 136, page 365-367, in the Office of the Recorder of Hamilton County, Indiana.
Lot 8 in Carmelwood, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in
Deed Record 136, page 365-367, in the Office ofthe Recorder of Hamilton County, Indiana.
Lot 17 in Carmelwood, an addition to the City of Carmel, Indiana, as per plat thereof recorded in
Deed Record 136, pages 365-67 in the Office of the Recorder of Hamilton County, Indiana.
Lot 18 in Carmelwood, an addition to the City of Carmel, Indiana, as per plat thereof, recorded in
Deed Record 136, page 365-367, in the Office of the Recorder of Hamilton County, Indiana.
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IC 36-7-3-10
Vacation of plat by owners; written instrument; filing and approval; recording; land
outside municipal boundaries excepted from approval; effect; public ways
Sec. 10. (a) The owners ofland in a plat may vacate all or part of that plat. All the owners of
land in the plat must declare the plat or part of the plat to be vacated in a written instrument, and
that instrument must be executed, acknowledged, and recorded in the same manner as a deed to
land.
(b) Before offering the instrument for recording under this section, an owner must file a copy
of the i1A~~~!llcil!...!lJ.~8g!l#tY~~~i!g~'.s office and must submit the instrument vacating the plat
for the appr~YIi;.of"<the.:!pla.ucommi~si~i.))il. that has jurisdiction over the platted area under IC 36-7-
4. If no plan commission ha::. julisdktion OVl;;l thl;; platted i:Uea ulldtil IC 36-7-4, tile instmment
mu6t be submitted fol tile apploval vf:
(1) thl;; COullty e.<e(,utive, in the case of lanJ located in an wl.illcolpolated alea, or
(2) the muni",ipal work6 boald, ill the case Ofli:Uld 10cateJ insiJe the cOlporate bOulldi:Uies of
a muni",ipality.
county e.<ecnti\'e, 01 municipal wOlk::. board
If the instrument is not executed and approved as required by this section, it is void.
(d) The OWnel::' of land in a plat that is locateJ out~ide the ",olpolate LOulldalies of any
mankipality may vacate all of the plat withvu:t tile applO \' .11 1 equil ed by subsections (b) i:Uld (c) if
no lots have been solJ and 11.0 roads conshucted in tIle plat, allJ all of the owners oflanJ in tile
plat dedc1le the plat to be vacated in a wIitten instlulllell.t. The in6trumellt must be exeGuted,
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.5.
IC 36-7-3-11
Filing petition to vacate; contents of petition; hearing date; procedures for notice and
hearing; ~~I>I>"Q~~I."J!isal!l>ro~l. or t
Sec. 11. ~)T et: ofland in a pJat ni~yfile the p
b . '(f der<IC3~-7-4 a petition:to' vacate alLor p
land owned .by the petitioner.
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(2)
(3)
; and
. The plan commission
shall, by rule, prescribe procedures for setting hearing dates, mailing written notice to each owner
of land in the plat, and providing such other notice as may be required in accordance with IC 36-
7 -4- 706. The petitioner shall pay all expenses of providing the notice required by this subsection.
(d) The plan commission shall, by rule, prescribe procedures for the conduct of the hearing,
which must include a provision giving each owner of land in the plat an opportunity to comment
on the petition.
(1)
(2)
and
(g) If, after the hearing, the plan commission disapproves the petition for vacation, it shall
make written findings that set forth its reasons in a decision denying the petition and shall
provide the petitioner with a copy. The decision must be signed by the official designated in the
subdivision control ordinance.
(h) The approval, disapproval, or imposition of a condition on the approval of the vacation of
all or part of a plat is a final decision of the plan commission. The petitioner or an aggrieved
party may seek review of the decision of the plan commission as provided by IC 36-7-4-1016.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.6.
Ie 36-7-3-12
Vacation of public way or place; petition; notice; hearing; adoption of ordinance; appeals
Sec. 12. (a)
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(1) own or are interested in any lots or parts oflots; and
(b) Notice of the petition must be given in the manner prescribed by subsection ( c). The
petition must:
(1) state the circumstances ofthe case;
(2) specifically describe the property proposed to be vacated; and
(3) give the names and addresses of all owners ofland that abuts the property proposed to be
vacated.
(1) in the manner prescribed in Ie 5-3-1; and
The petitioner shall pay the expense of providing this notice.
(d) The hearing on the petition is subject to Ie 5-14-1.5. At the hearing, any person aggrieved
by the proposed vacation may object to it as provided by section 13 of this chapter.
(f) Within thirty (30) days after the adoption of a vacation ordinance, any aggrieved person
may appeal the ordinance to the circuit court of the county. The court shall try the matter de novo
and may award damages.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.6; Acts 1982,
P.L.211, SEC.2.
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IC 36-7-3-13
Vacation proceedings; filing of remonstrances and objections; grounds
Sec. 13. A remonstrance or objection permitted by section 11 or 12 ofthis chapter may be filed
or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the
following grounds:
(1) The vacation would hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous.
(2) The vacation would make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
(3) The vacation would hinder the public's access to a church, school, or other public
building or place.
(4) The vacation would hinder the use of a public way by the neighborhood in which it is
located or to which it is contiguous.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.7; Acts 1982,
P.L.211, SEC.3; P.L.353-1983, SEC.1.
IC 36-7-3-14
Vacation of platted land; descriptions of lots and parcels in plat preserved; exceptions
Sec. 14. (a) If any platted land is vacated, the descriptions of the lots and parcels of that land
shall be preserved as set forth in the plat, with the proportionate parts of vacated streets and
alleys added as provided by law, unless all the owners of land in the vacated area consent in
writing to the description of the area by:
(1) the method used before the plat was made;
(2) metes and bounds; or
(3) other appropriate description.
(b) Notwithstanding subsection (a), a vacated tract of five (5) acres or more that is owned by
one (1) person, or jointly by two (2) or more persons, need not be described by lot number and
may be described by metes and bounds or some other method.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-15
Termination of vacation proceeding; limitation
Sec. 15. After the termination of a vacation proceeding under this chapter, a subsequent
vacation proceeding affecting the same property and asking for the same relief may not be
initiated for two (2) years.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-16
Vacation of platted easements; public utility's use of public way or place notwithstanding
vacation proceedings; waiver
Sec. 16. (a) Platted easements may be vacated in the same manner as public ways and public
places, in accordance with section 12 of this chapter or with Ie 36-7-4-712, whichever is
applicable.
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(b) Notwithstanding this article, vacation proceedings do not deprive a public utility of the use
of all or part of a public way or public place to be vacated, if, at the time the proceedings are
instituted, the utility is occupying and using all or part of that public way or public place for the
location and operation of its facilities. However, the utility may waive its rights under this
subsection by filing its written consent in the vacation proceedings.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC. 7.
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Prior Deed Reference: Deed Record 137. Pages 365-367
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement), is entered into by and between the Carmel/Clay School
Corporation ("Grantor"), and the City of Carmel. Indiana, by and through its Board of Public Works and Safety
("Grantee"), for public emergency access and related purposes, as follows:
1. Grantor is the fee simple owner of the real property described in Exhibit A, attached hereto and
incorporated herein (the "Real Estate").
2. Grantor, its successors, heirs and assigns, hereby grants and conveys to the Grantee, in consideration of
the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, a perpetual, appurtenant easement ("Easement") that shall run with the land and which shall
be limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and remove the
infrastructure required for Emergency Access through, upon, over, along, under and across the following described
real estate, together with the right to do all other lawful acts and things not inconsistent herewith and requisite or
necessary for the full enjoyment of the Easement.
3. The Grantor expressly reserves all right, title and interest in and to the real estate described not
specifically granted to Grantee, as well as the right to use or permit the use of the Easement by others for any lawful
purpose not inconsistent with the rights granted to Grantee herein.
4. This Agreement is made subject to all prior easements, agreements, restrictions and rights-of-way of
record.
5. It is understood that all the provisions of this Agreement are stated herein and no verbal agreements or
promises will be binding on the parties hereto or their successors in interest.
6. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of
Indiana.
7. This Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon Grantor
and Grantee and their respective officers, officials, agents, partners, successors, assigns and legal representatives in
all respects as to all covenants, agreements and obligations contained herein.
8. This Agreement is not subject to the Indiana Corporate Income Tax.
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IN WITNESS WHEREOF, Grantor has executed this Instrument on the _ day of
,2004.
"GRANTOR"
Carmel/Clay School Corporation
By:
(Authorized Signature)
(Printed Name and Title)
STATE OF INDIANA
COUNTY OF
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Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
acknowledged executing the foregoing Dedication of Public Emergency Access Easement.
Witness my hand and Notarial Seal this _ day of
,2004.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES:
COUNTY OF RESIDENCE:
This instrument prepared by Douglas C. Haney, Attorney at Law
Carmel City Attorney
Carmel City Hall
One Civic Square
Carmel, Indiana 46032.
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City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of
Carmel, Indiana, its Easement Agreement ("Agreement"), which Agreement is hereinabove set
forth; and
WHEREAS, the City of Carmel, Indiana, is of the opinion that said Easement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public
Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of
Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder's
Office of the County of Hamilton, State of Indiana.
"GRANTEE"
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 Watson, Member
Date:
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date:
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032.
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Exhibit A
Audubon Drive/Sylvan Lane
Emergency Access Easement Dedication
Legal Description
EMERGENCY ACCESS EASEMENT
LAND DESCRIPTION
Part of the North Half of Section 30 Township 18 North Range 4 East, Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the East Half of the Northwest Quarter of said Section;
thence South 89028'10" West along the South line thereof 168.60 feet;
thence North 00044'10" West 609.30 feet;
thence North 30055'50" East 629.70 feet;
thence North 11039'50" East 690.74 feet;
thence North 79053'18" West 39.46 feet;
thence North 01030'19" West 813.14 feet to the North line of the Northeast Quarter of said
Section;
thence along said North line South 89032'49" West 209.92 feet to the Northeast comer of said
Northwest Quarter Section;
thence along the North line thereof South 89031 '05" West 111.76 feet;
thence South 00037'29" East 535.00 feet to the center of Cool Creek;
thence North 64016'02" West along said centerline 111.61 feet;
thence North 00037'29" West 485.70 feet to the North line of said Northwest Quarter Section;
thence South 89031 '05" West 624.70 feet;
thence South 01056'58" West 616.85 feet;
thence South 80037'29" East 158.81 feet;
thence South 00037'29" East along the East line of Carmelwood subdivision extended as
recorded in Deed Record 136, Pages 365-367 a distance of 808.20 feet to the Northeast
comer of Lot 4 of said Carmelwood subdivision;
thence South 89022'31" West along the North line thereof 101.50 feet to the Northwest comer
thereof;
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thence South, Southwesterly and Westerly along the South line of the proposed right-of-way the
following three (3) courses:
1) South 03041 '06" West 48.45 feet to the point of curvature of a curve concave
Northwesterly having a central angle of 54036'07" and a radius of 141.29 feet;
2) Southwesterly 134.65 feet along said curve (said curve being subtended by a chord bearing
South 32001 '55" West 129.61 feet) to the point of curvature of curve concave Northerly
having a central angle of20003'01" and a radius of200.65 feet;
3) Westerly 70.22 feet along said curve (said curve being subtended by a chord bearing South
74044'33" West 69.86 feet) to the
POINT OF BEGINNING of this description;
thence South 00046'37" East 86.91 feet to the point of curvature of a curve concave Southerly
having a central angle of 09003 '33" and a radius of 320.39 feet (said curve being subtended
by a chord bearing South 85009'52" West 50.60 feet);
thence North 00037'32" West 92.90 feet to the South line of said proposed right-of-way said
point also being the point of curvature of a curve concave Northerly having a central angle of
14023' 52" and a radius of 200.65 feet (said curve being subtended by a chord bearing South
88002'01" East 50.29 feet) to the
POINT OF BEGINNING; containing 0.102 acres, more or less; subject however to all legal
easements and rights-of-way of record.
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Cross Reference: Deed Record 137, Pages 365-367
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
THIS INDENTURE WITNESSETH:
That the Carmel/Clay School Corporation (Jointly and individually the "Grantor"), the fee simple
owner(s) of the following described real property ("Property") described in attached Kxhihit A,
incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton
County, State of Indiana, hereby grants, conveys and warrants in fee simple and with no
reversionary rights whatsoever retained, all of Grantor's rights, title, and interest in the Property, to
the City of Carmel, Indiana ("Grantee"), subject to all existing easements and rights-of-way of
record, for the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged.
This conveyance of real estate is not subject to Indiana gross income tax.
IN WITNESS WHEREOF, Grantor has executed this Instrument on the _ day of
,2004.
"GRANTOR"
By:
(Authorized Signature)
(Printed Name and Title)
STATE OF INDIANA
COUNTY OF
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Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above and
acknowledged executing the foregoing Dedication and Deed of Public Right-of-Way.
Witness my hand and Notarial Seal this _ day of
,2004.
Notary Public
Notary Public (printed)
MY COMMISSION EXPIRES:
COUNTY OF RESIDENCE:
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
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ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana ("City"), its
Dedication and Deed of certain real property ("Property") to the City for the purpose of establishing
City rights-of-way, which Dedication and Deed is attached hereto and incorporated herein as
Frhihit A hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby
accepts said Dedication and Deed, and orders that the Instrument of Dedication and Deed described
herein be recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that
said described real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED:
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
James Brainard, Mayor
Date:
Lori P. Watson
Date:
Mary Ann Burke
Date:
ArrEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date:
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032
S:\Division of Planning & ZoningILLilliglPlan Connnission\Cannelwood\2003-1221 Cannelwood Right-of-Way Dedication BPW DRAFT.rtf
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2400
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Exhibit A
Audubon Drive/Sylvan Lane
Right-of-Way Dedication
Legal Description
RIGHT-OF-WAY DEDICATION
LAND DESCRIPTION
Part of the North Half of Section 30 Township 18 North Range 4 East, Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Southeast corner of the East Half of the Northwest Quarter of said Section;
thence South 89028' 10" West along the South line thereof 168.60 feet;
thence North 00044'10" West 609.30 feet;
thence North 30055'50" East 629.70 feet;
thence North 11039'50" East 690.74 feet;
thence North 79053'18" West 39.46 feet;
thence North 01030'19" West 813.14 feet to the North line of the Northeast Quarter of said Section;
thence along said North line South 89032'49" West 209.92 feet to the Northeast corner of said Northwest Quarter
Section;
thence along the North line thereof South 89031 '05" West 111.76 feet;
thence South 00037'29" East 535.00 feet to the center of Cool Creek;
thence North 64016'02" West along said centerline 111.61 feet;
thence North 00037'29" West 485.70 feet to the North line of said Northwest Quarter Section;
thence South 89031 '05" West 624.70 feet;
thence South 01056'58" West 616.85 feet;
thence South 80037'29" East 158.81 feet;
thence South 00037'29" East along the East line of Carmelwood subdivision extended as recorded in Deed Record
136, Pages 365-367 a distance of 808.20 feet to the Northeast corner of Lot 4 of said Carmelwood subdivision;
thence South 89022'31" West along the North line thereof 101.50 feet to the Northwest corner thereof and the
POINT OF BEGINNING of this description;
thence South 03041 '06" West 48.45 feet to the point of curvature of a curve concave Northwesterly having a central
angle of 54036'07" and a radius of 141.29 feet;
thence Southwesterly along said curve 134.65 feet (said curve being subtended by a chord bearing South 32001 '55"
West 129.61 feet) to the point of curvature of a curve concave North having a central angle of 60019'15" and a
radius of 200.65 feet;
thence Southwesterly, Westerly and Northwesterly along said curve 211.25 feet (said curve being subtended by a
chord bearing North 85007'20" West 201.62 feet) to the point of curvature of a curve concave Southwesterly
having a central angle of39002'18" and a radius of65.00 feet;
thence Northwesterly and Westerly 44.29 (said curve being subtended by a chord bearing North 74028'07" West
43.44 feet) to the point of intersection of the extension of the West line of Lot 8 and the North line of Lot 17 in
said Carmelwood subdivision;
thence North 14025' 31" East 51.71 feet on and along the extension of said West line to the Southwest corner of said
Lot 8;
thence Southeasterly 62.05 feet along a curve concave Southwesterly having a central angle of 30054'14" and a
radius of 115.04 feet (said curve being subtended by a chord bearing South 70011 '44" East 61.30 feet) to the
point of curvature of a curve concave North having a central angle of 59023 '33" and a radius of 150.65 feet;
thence Southeasterly, Easterly and Northeasterly along said curve 156.16 feet (said curve being subtended by a chord
bearing South 84039'30" East 149.27 feet) to the point of curvature of a curve concave Northwesterly having a
central angle of53010'52" and a radius of91.29 feet;
thence Northeasterly along said curve 84.73 feet (said curve being subtended by a chord bearing North 31019' 17"
East 81.72 feet);
thence North 05014'32" East 31.15 feet;
thence North 75013 '51" East 51.81 feet to the
POINT OF BEGINNING; containing 0.443 acres, more or less; subject to easements, rights-of-way and restrictions.
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2400
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Sponsor: Councilor Mark Ratterman
ORDINANCE NO. D-1681-04
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Vacating a Portion of Sylvan Lane and
Audubon Drive in the Carmelwood Subdivision
WHEREAS, on Tuesday, February 18, 2003, the Carmel/Clay Advisory Plan Commission,
under Docket No. 165-02 PV, approved the vacation of Lots 3, 4,8, 17, and 18 in the Carmelwood
subdivision in conjunction with the Carmel/Clay School Corporation's (''the Petitioner") Special Use
petition for the Freshman Center expansion of Carmel High School ("the Project"); and
WHEREAS, on Thursday, March 27, 2003, the Carmel/Clay Advisory Board of Zoning
Appeals, under Docket No. SUA-194-02, approved the Project subject to the Petitioner's receiving all
other necessary governmental approvals; and
WHEREAS, those segments of Audubon Drive and Sylvan Lane ("the Vacated Roads")
described in Exhibit A, attached hereto, need to be vacated in order to permit the development ofthe
Project; and,
WHEREAS, the Project includes the relocation and reconstruction ofthe public road within
right-of-way described in the attached Exhibit B; and,
WHEREAS, the Petitioner has dedicated an Emergency Access Easement as described in
Exhibit C attached hereto; 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 ofthe evidence that the vacation of
the Vacated Roads would be in the best interest of the public.
WHEREAS, upon due consideration, the Common Council of the City of Carmel has
determined that the vacation of said rights-of-way will not hinder the growth or orderly development
of the area; will not deny or deprive access to adjacent lands; will not hinder public access to public
facilities and will not hinder or prevent the use of a public way.
Ordinance No. 0-1681-04
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NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section I:
a. Pursuant to Indiana Code 36-7-3-12, those portions of Audubon Drive and Sylvan Lane
described in the attached Exhibit A are hereby vacated as public rights-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 the Carmel/Clay School Corporation.
b. The above vacation shall not be effective as to the interest to any public utilities located
within the above right-of-way.
c. The Petitioner, their contractors, and subcontractors; shall provide continuance access to the
owners ofthe other Lots within Carmelwood during the construction of the new segment of
Sylvan Lane/Audubon Drive.
Ordinance No. D-1681-04
p.2
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Section II: All prior Ordinance or parts inconsistent with any provisions oftms Ordinance
are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance No. D-1681-04 PASSED by the Common Council of the City of Carmel, Indiana
this _ day of , 2004, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby, District 2
Ronald E. Carter, President Pro Tempore
Brian Mayo, District 3
Fred Glaser, District 5
Mark Rattermann, At-Large
Joe Griffiths, District 4
Rick Sharp, District 1
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. D-1681-04
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Ordinance No. D-1681-04 Presented by me to the Mayor ofthe City of Carmel, Indiana this
_dayof
, 2004, at
.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. D-1681-04 Approved by me, Mayor of the City of Carmel, Indiana, this
_day of
, 2004, at
.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
Douglas C. Haney
Carmel City Attorney
Carmel City Hall
One Civic Square
Carmel, IN 46032
S:\OrdinanceslRighl-of-Way Vacation12004 0-1681-04; 165-02 PV; Cannelwood r-o-w Vacalion12003-1222 D-1681-04 Council DRAFf.rtf
Ordinance No. 0-1681-04
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Exhibit A
Audubon Drive/Sylvan Lane
Right-of-Way Vacation
Legal Description
RIGHT-OF-WAY VACATION
LAND DESCRIPTION
Part of the North Half of Section 30 Township 18 North Range 4 East, Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Southeast corner of the East Half of the Northwest Quarter of said Section;
thence South 89028'10" West along the South line thereof 168.60 feet;
thence North 00044'10" West 609.30 feet;
thence North 30055'50" East 629.70 feet;
thence North 11039'50" East 690.74 feet;
thence North 79053'18" West 39.46 feet;
thence North 01030'19" West 813.14 feet to the North line of the Northeast Quarter of said Section;
thence along said North line South 89032'49" West 209.92 feet to the Northeast corner of said Northwest Quarter
Section;
thence along the North line thereof South 89031 '05" West 111.76 feet;
thence South 00037'29" East 535.00 feet to the center of Cool Creek;
thence North 64016'02" West along said centerline 111.61 feet;
thence North 00037'29" West 485.70 feet to the North line of said Northwest Quarter Section;
thence South 89031 '05" West 624.70 feet;
thence South 01056'58" West 616.85 feet;
thence South 80037'29" East 158.81 feet;
thence South 00037' 29" East along the East line of Carmelwood subdivision extended as recorded in Deed Record J 3 6,
Pages 365-367 a distance of808.20 feet to the Northeast corner of Lot 4 of said Carmelwood subdivision;
thence South 89022'31" West along the North line thereof 101.50 feet to the Northwest corner thereof and the
POINT OF BEGINNING of this description, being a point on the East right-of-way line of Audubon Drive, being on a
curve concave to the West having a central angle of 08048'48" and a radius of 979.93 feet;
thence the following two (2) courses along said East right of way:
1) Southerly 150.73 feet along said curve (said curve being subtended by a chord bearing South 04025'22" West
150.58) to the point of curvature of a curve concave to the East having a central angle of14003 '37" and a radius
of 567.96 feet,
2) Southerly 126.38 feet along said curve (said curve being subtended by a chord bearing South 06020'46" West
139.03 feet);
thence departing said East right-of-way line and running along the Northerly lines of vacated Audubon Drive as recorded
in the Office of the Hamilton County Recorder as Instrument No. 9103067, the following three (3) courses:
1) South 01006'01" East 142.83 feet,
2) South 88053'59" West 31.21 feet to the point of curvature ofa curve concave to the South having a central angle
of 02008'55" and a radius of 140.00 feet;
3) Southerly 5.25 feet along said curve (said curve being subtended by a chord bearing South 87038'37" West 5.25
feet) to the point of curvature of a curve concave to the Southeast having a central angle of 52046'42" and a
radius of 140.00 feet;
thence Westerly and Southwesterly 128.96 feet along said curve (said curve being subtended by a chord bearing South
60021 '34" West 124.45 feet);
thence South 33058'13" West 66.72 feet to the point of curvature ofa curve concave to the Northwest having a central
angle of 11038'00" and a radius of 119.76 feet;
thence Southwesterly 24.32 feet along said curve (said curve being subtended by a chord bearing South 39047'02" West
24.27 feet) to the point of curvature ofa curve concave to the Northwest having a central angle of 09021 '00" and a
radius of 120.00 feet;
Ordinance No. D-1681-04
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thence Southwesterly 19.58 feet along said curve (said curve being subtended by a chord bearing South 50014 '03" West
19.56 feet) to the point of curvature ofa curve concave to the Northwest having a central angle of35011 '50" and a
radius of 120.06 feet;
thence Southwesterly and Westerly 73.76 feet along said curve (said curve being subtended by chord bearing South
72032'23" West 72.60 feet) to a point on the South right-of-way line of2od Avenue Northeast;
thence South 89033' 12" West along said South right-of-way line 127.63 feet;
thence North 00000'00" West to a point on the North right-of-way line of2od Avenue Northeast 50.99 feet;
thence North 90000'00" East along said North line 128.69 feet to the point of curvature of a curve concave to the
Northwest having a central angle of 55024' 17" and a radius of 70.00 feet;
thence Easterly and Northeasterly 67.69 feet along said curve (said curve being subtended by a chord bearing North
61040'22" East 65.08 feet);
thence North 33058'13" East 66.72 feet to the point of curvature ofa curve concave to the Southeast having a central
angle of38044'48" and a radius of 190.00 feet;
thence Northeasterly and Easterly 128.49 feet along said curve (said curve being subtended by a chord bearing North
53020'28" East 126.05 feet);
thence North 52046'15" East 20.15 feet to a point on the Westerly right-of-way line of Sylvan Lane;
thence along said Westerly line the following two (2) courses:
1) North 31018'07" West 224.01 feet to the point of curvature ofa curve concave to the Southwest having a central
angle of63055'12" and a radius of 113.00 feet,
2) Northwesterly and Westerly 126.06 feet along said curve (said curve being subtended by a chord bearing North
61024'57" West 119.63 feet);
thence North 14025 '31" East 51. 71 feetto the Southwest comer of Lot 8 of said Carmelwood subdivision, being a point
on a curve concave to the Southwest having a central angle of 58002'44" and a radius of 163.00 feet;
thence the following five (5) course along the perimeter of said Lot 8:
1) Southeasterly 165.13 feet along said curve (said curve being subtended by a chord bearing South 58047' 16" East
158.16 feet)
2) South 31018'07" East 47.00 feet to the point of curvature ofa curve concave to the North having a central angle
of 137034'07" and a radius of 40.00 feet
3) Southeasterly, Easterly and Northeasterly 96.04 feet along said curve (said curve being subtended by a chord
bearing North 76057'01" East 74.58 feet) to the point of curvature ofa curve concave to the Easterly having a
central angle 04010'00" and a radius of617.96 feet
4) Northeasterly 44.94 feet along said curve (said curve being subtended by a chord bearing North 11006'10" East
44.93 feet) to the point of curvature ofa curve concave West having a central angle of 07052'50" and a radius
point of929.93 feet
5) Northerly 127.90 feet along said curve (said curve being subtended by a chord bearing North 04046'16" East
127.80 feet) to the Northeast comer of said Lot 8;
thence North 75052'50" East 51.81 feet to the
POINT OF BEGINNING; containing 1.460 acres, more or less; subject however to all legal easements and rights-of-
way of record.
Ordinance No. D-1681-04
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Exhibit B
Audubon Drive/Sylvan Lane
Right-of-Way Dedication
Legal Description
RIGHT-OF-WAY DEDICATION
LAND DESCRIPTION
Part of the North Half of Section 30 Township 18 North Range 4 East, Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Southeast comer of the East Half of the Northwest Quarter of said Section;
thence South 89028'10" West along the South line thereof 168.60 feet;
thence North 00044'10" West 609.30 feet;
thence North 30055'50" East 629.70 feet;
thence North 11039'50" East 690.74 feet;
thence North 79053'18" West 39.46 feet;
thence North OJ 030'19" West 813.14 feet to the North line of the Northeast Quarter of said Section;
thence along said North line South 89032'49" West 209.92 feet to the Northeast comer of said Northwest Quarter
Section;
thence along the North line thereof South 89031 '05" West 111.76 feet;
thence South 00037'29" East 535.00 feet to the center of Cool Creek;
thence North 64016'02" West along said centerline 111.61 feet;
thence North 00037'29" West 485.70 feet to the North line of said Northwest Quarter Section;
thence South 89031 '05" West 624.70 feet;
thence South 01056'58" West 616.85 feet;
thence South 80037'29" East 158.81 feet;
thence South 00037'29" East along the East line of Carmel wood subdivision extended as recorded in Deed Record 136,
Pages 365-367 a distance of808.20 feet to the Northeast comer of Lot 4 of said Carmelwood subdivision;
thence South 89022 '31" West along the North line thereof 101.50 feet to the Northwest comer thereof and the
POINT OF BEGINNING of this description;
thence South 03041 '06" West 48.45 feet to the point of curvature of a curve concave Northwesterly having a central
angle of 54036'07" and a radius of 141.29 feet;
thence Southwesterly along said curve 134.65 feet (said curve being subtended by a chord bearing South 32001 '55" West
129.61 feet) to the point of curvature ofa curve concave North having a central angle of60019'15" and a radius of
200.65 feet;
thence Southwesterly, Westerly and Northwesterly along said curve 211.25 feet (said curve being subtended by a chord
bearing North 85007'20" West 201.62 feet) to the point of curvature of a curve concave Southwesterly having a
central angle of39002'18" and a radius of65.00 feet;
thence Northwesterly and Westerly 44.29 (said curve being subtended by a chord bearing North 74028 '07" West 43.44
feet) to the point of intersection of the extension of the West line of Lot 8 and the North line of Lot 17 in said
Carmelwood subdivision;
thence North 14025'31" East 51.71 feet on and along the extension of said West line to the Southwest comer of said Lot
8;
thence Southeasterly 62.05 feet along a curve concave Southwesterly having a central angle 000054' 14" and a radius of
115.04 feet (said curve being subtended by a chord bearing South 70011 '44" East 61.30 feet) to the point of
curvature of a curve concave North having a central angle of 59023 '33" and a radius of 150.65 feet;
thence Southeasterly, Easterly and Northeasterly along said curve 156.16 feet (said curve being subtended by a chord
bearing South 84039'30" East 149.27 feet) to the point of curvature of a curve concave Northwesterly having a
central angle of 53010'52" and a radius of91.29 feet;
thence Northeasterly along said curve 84.73 feet (said curve being subtended by a chord bearing North 31019'17" East
81.72 feet);
thence North 05014'32" East 31.15 feet;
thence North 75013'51" East 51.81 feet to the
POINT OF BEGINNING; containing 0.443 acres, more or less; subject to easements, rights-of-way and restrictions.
Ordinance No. D-1681-04
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Exhibit C
Audubon Drive/Sylvan Lane
Emergency Access Easement Dedication
Legal Description
EMERGENCY ACCESS EASEMENT
LAND DESCRIPTION
Part of the North Half of Section 30 Township 18 North Range 4 East, Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Southeast comer of the East Half of the Northwest Quarter of said Section;
thence South 89028'10" West along the South line thereof 168.60 feet;
thence North 00044'10" West 609.30 feet;
thence North 30055'50" East 629.70 feet;
thence North 11039'50" East 690.74 feet;
thence North 79053'18" West 39.46 feet;
thence North 01030'19" West 813.14 feet to the North line of the Northeast Quarter of said Section;
thence along said North line South 89032'49" West 209.92 feet to the Northeast comer of said Northwest Quarter
Section;
thence along the North line thereof South 89031 '05" West 111.76 feet;
thence South 00037'29" East 535.00 feet to the center of Cool Creek;
thence North 64016'02" West along said centerline 111.61 feet;
thence North 00037'29" West 485.70 feet to the North line of said Northwest Quarter Section;
thence South 89031 '05" West 624.70 feet;
thence South 01056'58" West 616.85 feet;
thence South 80037'29" East 158.81 feet;
thence South 00037'29" East along the East line of Carmel wood subdivision extended as recorded inDeed Record 136,
Pages 365-367 a distance of 808.20 feet to the Northeast comer of Lot 4 of said Carmelwood subdivision;
thence South 89022'31" West along the North line thereof 101.50 feet to the Northwest comer thereof;
thence South, Southwesterly and Westerly along the South line of the proposed right-of-way the following three (3)
courses:
1) South 03041 '06" West 48.45 feet to the point of curvature of a curve concave Northwesterly having a central
angle of 54036'07" and a radius of 141.29 feet;
2) Southwesterly 134.65 feet along said curve (said curve being subtended by a chord bearing South 32001 '55"
West 129.61 feet) to the point of curvature of curve concave Northerly having a central angle of20003'01" and
a radius of200.65 feet;
3) Westerly 70.22 feet along said curve (said curve being subtended by a chord bearing South 74044 '33 " West 69.86
feet) to the
POINT OF BEGINNING of this description;
thence South 00046'37" East 86.91 feet to the point of curvature ofa curve concave Southerly having a central angle of
09003'33" and a radius of320.39 feet (said curve being subtended bya chord bearing South 85009'52" West 50.60
feet);
thence North 00037'32" West 92.90 feet to the South line of said proposed right-of-way said point also being the point of
curvature ofa curve concave Northerly having a central angle ofl4023'52" and a radius of200.65 feet (said curve
being subtended by a chord bearing South 88002'01" East50.29 feet) to the
POINT OF BEGINNING; containing 0.102 acres, more or less; subject however to all legal easements and rights-of-
way of record.
Ordinance No. D-1681-04
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Lot 9
Gilbert & Brenda Bruning
Wan'onty Deed
In str. # 9545797
Lot 5
Karl Kleman
QUit Claim Deed
i1m;tr. # 9809857752
LOT IG
--.- -----.--
LOT 14
LOT 2
LOT I
2nd Street Northeast
t
........
Mid.Stirte&! 350 ~:.~~~ Yor\.; St.. Suitt JOQ
Ilhdi,J:.....Il:>. IN 46204
(311) 634-6.043. Phi;n.
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V ATION EXHIBI
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Cioly TownshIp. H.mllton County, Inch.no
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U 624.70'
CURVf DATA
E
DELTA RADIU8 TANGENT LENGlll CHORD CHORD BEAAlNG 0 8
....
in :Ii ..;
08' 48'48" 979.93' 75.52' 150.73' 150.58' S04'25'22"W <0 '"
ui "of In
14'03'37' 567.1lB' 70.04' 139.38' 139.03' S 08'20'48" W \II
lIl'OB'55" 140.110' 2.63' 5.25' 5.25' S rJT'3InT" W
52'48'42" 140.110' 89.046 128.1lB' 124.45' N80'21'34"W ~ ...
.;
11'38'110" 119.78' 12.20' 24.37 24.27 S39'47'112"W ~
I"
09'21 '110" 12O.1X7 9.81' 19.58' 19.58' S5O'14'03'W 0
III
35'11'50' 120.08' 38.08' 73.78' 72.50' S 72'32'Zl" W
55'24~ 7' 7O.1X7 38.75' m.w 85.08' N81'4C122"E
r 5 60"37'2S'E
38'44'48" lSO.1IO' 88.81' 128.49 128.05' N 53'2ll'28' E / 158.61'
lI'l'55~2" 113.110' 70.50' 128.08' 119.63' N81'24'S7'W
58'02'44" 183.110' SO.44' 185.13' 158.18' S 58"4T16" E
137'34'07" 40.00 103.04' 98.04' 74.58' N 7lr5T10" E
04'10'11O" 1I17.1lB' 22.48' 44.94' 44.93' Nll'1l8'10"E
D7'52'50' 1129.63' 84.05' 127.110' 127.ea N04'48'16"E
lotS
Gilbert & 8ren~a Bruni 9
In~t'('I?~5~S;~7
lotS
P.O.B.
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francl5 . enn Leonard
l...t~~~j;.~030
LOT 14
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LOT 6
II.ari IQemon
lnotr~i'Jil'9gmS2
LOT 3
LOT 16
LOT 2
~
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566"53'55'W
31.21'
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LOT I
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111.61'
CURVE DATA
E
DELTA RADIUS TANGENI' LENGTH QlOAD QlOAD IlEARII'G
54"36'01" 141.29' 72.ft1 134.65 129.61' S32"01'5B' W 1'17S"53'16"\!L
3!!.46'
2O'm'01" 2Xl.65 35.47 70.22 119.86' S74"4433'W
CB'C1n3' 3Zl39' 25.39' 51e6' 5100 S85"OO'52"W
14"23'52' 2Xl.65 25.34' 51.42' 50.29' SlllI"02'D1"E
LOT 16
Gilbert & Bren~ 8runi 9
In~ri.f~ntg5~5;~7
lotS
.O.B.
S
LOr 14
a!.t""~eed
lIST. I !!6O!l657752
LOr 3
:;
~~
LOria
LOr 2
~ LOri!!
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l'!.'Im~~"";,"'.l~ ~!ll-'Il<~lM PROPOSED
Mid-&tid:es I '50 [, .,. ,... st.. "'iI, JOe l~ltel. EMERGENCY ACCESS EASEMENT
... _oI~'='~~:1=H_"
Illdi~Mpuli~, IN 46204
. (317) 634-6434 Ph'2lt (.l'1!r<&:I:.
BDIIBII'II (3l7) 634-3576 Fo) ...
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Sec:bon 30. TION - R4~
624.70'
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CURVE DATA
olE
DELTA RADIUS TANGENr LENGllf QlORD CHORD IlEARINO
54'38"07" 141.29' 72.93' 134.65' 129.61' S 32'0l'55"W
6O'19'1B' 200.65' 118.59' 211.25' 2111.62' N 85'OT2Il' W
39"0218" 85.011 23.04' 44.29' 43.44 N74'28'DTW
30'54'14' 115.04' 31.lIIl' 82.05' 8ua S7tl'll'44"E
59'23'33" 1SO.65' 85.62' 155.18' 148.27' S84'31l'3l7'E
53'11152' 91.29' 4S.89' 84.73' 81.72' N 31'19'17" E
lOT 16
1..01:9
francl5 . Enn Leonard
'I15tr~n!fW'fffio30
N7~I:lJl~
~J11Qemon
lret~ ~gmS2
lOT 3
lOT 2
LOT I
z
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I'!t\.,....l...~......!"'.ltt. r,;(!\I';a:;:;::M PROPOSED RIGHT-OF-WAY
Mld-Stiltelj lO. ,. No. ''''' 51., S,;t, lOO l~-I''''IJ<' ......oI~.=:.~~~~H-....
GOO
Jr.di'Jrl3Ii-"i... IN 462Q4. <.rrrw~'
i (317) 634-6434 PtlOflI
BBIIEBIIB (317) 634-3576 FQJ GOO
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