HomeMy WebLinkAboutCertificate of Plan Commission Action - NOT signed
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CERTIFICATE OF PLAN COMMISSION ACTION 4IJtC;:-/~..
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Ramona Hancock, upon being first duly sworn, deposes and says as fOllOWbOC: ,/1)OJ
1. She is the secretary of the Carmel/Clay Plan Commission and the keeper
of its books and records.
2. The Carmel/Clay Plan Commission on the 18th day of February, 2003, as
Docket No. 165-02 PV considered the petition of Cannel Clay Schools to vacate a part of
the plat of Cannelwood, a subdivision in Hamilton County, Indiana, as per plat thereof,
recorded inDeed Record 136, page 365, in the Office of the Recorder of Hamilton
County, Indiana and made the following findings:
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.
3. Based on these [mdings, the CarmeVClay Plan. Commission' rendered the
following decision:
IT IS THEREFORE the decision of the CanneVClay Plan Commission that
the Petitioner's request unde(D~pl<et'No, 16S"-02-PV is-granted and the plat
of Cannelwood, a subdivision'iriHamilton-County, hi.d:1at13, as per plat thereof,
recorded in Deed Record 136, page 365, in the Office ofthe Recorder of
Hamilton County, Indiana, including, but not limited to, all covenants and
commitments set forth therein, is vacated as to the Feal 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.)
Ramona Hancock
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
Ramona Hancock, Secretary of the Cannel/Clay Plan Commission who acknowledged
the execution ofthe foregoing Certificate of Plan Commission Action.
WITNESS, my hand and Notarial Seal tillS _day of April, 2003.
My Commission Expires:
Printed:
Notary Public, A Resident of
County, Indiana
This Instrument Prepared by: David R. Day, Church, Church, Hittle & Antrim,
938 Conner Street, P.O. Box 10, Noblesville, IN" 46061
EXHmlT A
Lot 3 in Carmelwood, a subdivision in Hamilton County, Indiana, as per plat thereof,
recorded in Deed Record 136, page 365,in the Office oftheRecorder of Hamilton
County, Indiana.
Lot 4 in Carmel wood, a subdivision in Hamilton County, Indiana, as per plat there?f, .
recorded in Deed Record 136, page 365, in-the Office ofthe RecoideroffIa:rnilton~- -- ---
County, Indiana.
Lot 8 in Cannelwood,a subdivision in Hamilton County, Indiana, as per plat thereof,
recorded.in Deed Record 136, page 365, in the Office ofthe Recorder of Hamilton
County, Indiana.
Lot numbered 17 in Carmelwood, an addition to the City of Cannel, Indiana, as per plat
thereof recorded in De.ed Record 136, pages 365-67 in the Office of the Recorder of
Hamilton County, Indiana.
Lot 18 in Carmelwood, a subdivision in Hamilton County, Indiana, .as per plat thereof,
recorded in Deed Record 136, page 365, in the Office of the Recorder of Hamilton
County, Indiana.
(.)
o
RTIFICATE OF PLAN COMMISSION ACTION-.
1. . She is the secretary of the Carmel/Clay Plan Commission and the keeper
of its books and records.
2. The Carmel/Clay Plan Commission on the 18th day of February, 2003,
approved the vacation of a part of the plat of Carmel wood, a subdivision in Hamilton
County, Indiana, as per plat thereof, recorded in Deed Record 136, page 365, in the
Office of the Recorder of Hamilton County, Indiana by rendering the following decision:
IT IS THEREFORE the decision of the Carmel/Clay Plan Commission that
the Petitioner's request under Docket No. 165-02 PV is granted and the plat
of Carmelwood, a subdivision in Hamilton County, Indiana, as per plat thereof,
recorded in Deed Record 136, page 365, in the Office of the Recorder of
Hamilton County, Indiana, including, but not limited to, all covenants and
commitments set forth therein, is 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.)
Ramona Hancock
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
Ramona Hancock, Secretary of the Carmel/Clay Plan Commission who acknowledged
the execution of the foregoing Certificate of Plan Commission Action.
WITNESS, my hand and Notarial Seal this _day of April, 2003.
My Commission Expires:
Printed:
Notary Public, A Resident of
County, Indiana
This Instrument Prepared by: David R. Day, Church, Church, Hittle & Antrim,
938 Conner Street, P.O. Box 10, Noblesville, IN 46061
r
o
o
EXHIBIT A
Lot 3 in Carmelwood, a subdivision in Hamilton County, Indiana, as per plat thereof,
recorded in Deed Record 136, page 365, in the Office of the 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, in the Office ofthe 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, in the Office ofthe Recorder of Hamilton
County, Indiana.
Lot numbered 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, a subdivision in Hamilton County, Indiana, as per plat thereof,
recorded in Deed Record 136, page 365, in the Office of the Recorder of Hamilton
County, Indiana.
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o
RESOLUTION NO. Dt::" !
A RESOLUTION OF THE CITY COUNCIL,OFCFBIV~?\ I
THE CITY OF CARMEL VACATING AArn ol
CERTAIN RIGHT OF WAY DOCS
WHERAS, the Carmel Clay Schools has obtained ownership of certain real estate
in the City of Carmel which was subject to certain unimproved right of way across such
real estate; and,
WHEREAS, there no longer remains any public need or necessity for the
aforesaid easement; and,
WHEREAS, upon due consideration, the City Council of the City of Carmel has
determined that the vacation of said right 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of
Carmel, meeting in regular session, as follows:
SECTION 1. The right of way described in Exhibit A attached hereto and made
a part hereof is hereby vacated.
SECTION 2. The Clerk is directed to record a copy of this Resolution in the
office of the Recorder of Hamilton County, Indiana.
SECTION 3. This Resolution shall become effective upon its adoption in
accordance with the law.
ALL OF WHICH IS SO RESOLVED this _day of
,2003.
CITY COUNCIL OF THE CITY OF CARMEL
By
President of the City Council of the
City of Carmel
ATTEST:
Clerk-Treasurer of the City of Carmel
<.)
o
STATE OF INDIANA
)
) SS:
)
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
and
, the President of the
Carmel City Council and the Clerk-Treasurer of the City of Carmel who acknowledged
the execution of the foregoing resolution to be their- voluntary act and deed.
WITNESS, my hand and Notarial Seal this _day of April, 2003.
My Commission Expires:
Printed:
Notary Public, A Resident of
County, Indiana
This Instrument Prepared by:
David R. Day
Church, Church, Hittle & Antrim
938 Conner Street, P.O. Box 10
Noblesville, IN 46061
Indiana Code 36-7-3
Page 4 of7
itemized statement of all costs and expenses incident to the proceedings, and an apportionment of the
expenses to the lots platted, as required by section 9 of this chapter.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-8
Report of survey and plat; approval procedures; recording; legal effect of plat
Sec. 8. (a) When a plat is filed under section 7 of this chapter, the municipal clerk shall immediately
give notice, in accordance with IC 5-3-1, that on a specified day, at an hour and place named in the
notice, the municipal legislative body will meet to consider the land surveyor's report and plat, and to
hear any objections to the report and plat by interested parties.
(b) If any errors or omissions are discovered, the legislative body shall require the surveyor to correct
them. When the legislative body
has approved the report ofthe survey and plat, it shall give the plat an appropriate name and have it,
together with the resolution of approval, recorded in the proper records in the county recorder's office.
When recorded, the plat has the same legal effect as if it had been done by the owners of the tracts
platted.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-9
Expenses of survey and plat; apportionment and assessment against property platted; lien;
collection and disbursement
Sec. 9. (a) The expenses arising from a survey and plat in a municipality under this chapter shall be
charged to the property platted, in the proportion the municipal legislative body considers just and
equitable. When approving the land surveyor's report of the survey and plat, the legislative body shall, at
the same time, assess an equitable part of the cost and expense against each tract platted.
(b) The assessment is a lien on the property from the time the assessment is made, and is due and
payable as soon as the plat is recorded. If an assessment is not paid before the second day of January
after it is made, a certified copy of the assessment shall be filed in the office of the auditor of the county
in which the property is located, and the auditor shall place the amount claimed on the tax duplicate
against the lands of the landowner. The amount shall be collected as taxes are collected, and, when
collected, shall be disbursed to the general fund of the municipality.
As added by Acts 1981, P.L.309, SEC.22.
Ie 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 ofland 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
instrument in the county auditor's office and must submit the instrument vacating the plat for the
approval of the plan commission that has jurisdiction over the platted area under IC 36-7-4. If no plan
commission has jurisdiction over the platted area under IC 36-7-4, the instrument must be submitted for
the approval of:
(1) the county executive, in the case of land located in an unincorporated area; or
(2) the municipal works board, in the case of land located inside the corporate boundaries of a
municipality.
(c) The county recorder may record the instrument only if a certificate showing the approval of the
vacation by the plan commission, county executive, or municipal works board is attached to it. If the
instrument is not executed and approved as required by this section, it is void.
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(d) The owners of land in a plat that is located outside the corporate boundaries of any municipality
may vacate all of the plat without the approval required by subsections (b) and (c) if no lots have been
sold and no roads constructed in the plat, and all of the owners ofland in the plat declare the plat to be
vacated in a written instrument. The instrument must be executed, acknowledged, and recorded in the
same manner as a deed to land.
(e) An instrument recorded under this section terminates the effect of the plat or part of the plat
declared to be vacated, and it also terminates all public rights in the public ways and public places
described in the plat or part of the plat. However, a public way that has been improved, or that is part of
an improved plat, may be vacated only in accordance with section 12 of this chapter or with IC 36-7-4-
712, whichever is applicable.
As added by Acts 1981, P.L.309, SEe22. Amended by P.L.220-1986, SEe 5.
Ie 36-7-3-11
Filing petition to vacate; contents of petition; hearing date; procedures for notice and hearing;
approval, disapproval, or imposition of conditions
Sec. 11. (a) The owner of land in a plat may file with the plan commission that has jurisdiction over
the platted area under IC 36-7-4 a petition to vacate all or part ofthe plat pertaining to the land owned
by the petitioner.
(b) The petition must:
(I) state the reasons for and circumstances prompting the request;
(2) specifically describe the property in the plat proposed to be vacated; and
(3) give the name and address of each owner of land in the plat.
The petition may include a request to vacate any recorded covenants or commitments filed as part of the
plat. The covenants or commitments are then also subject to vacation.
(c) Within thirty (30) days after receipt of a petition for vacation of a plat, the plan commission staff
shall announce the date for a hearing before the plan commission. 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.
(e) The plan commission shall approve or deny the petition for vacation. The plan commission shall
approve the petition for vacation of all or part of a plat only upon a determination that:
(1) conditions in the platted area have changed so as to defeat the original purpose of the plat;
(2) it is in the public interest to vacate all or part of the plat; and
(3) the value of that part of the land in the plat not owned by the petitioner will not be diminished
vacation.
(f) If, after the hearing, the plan commission determines that the plat or part of the plat should be
vacated, it shall make written findings and a decision approving the petition. The plan commission may
impose reasonable conditions as part of its approval. The decision must be signed by an official
designated in the subdivision control ordinance. The plan commission shall furnish a copy of its
decision to the county recorder for recording.
(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
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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) Persons who:
(1) own or are interested in any lots or parts oflots; and
(2) want to vacate all or part of a public way or public place in or contiguous to those lots or parts
of lots;
may file a petition for vacation with the legislative body of:
(A) a municipality, if all or any part of the public way or public place to be vacated is located
within the corporate boundaries of that municipality; or
(B) the county, if all or the only part of the public way or public place to be vacated is located
outside the corporate boundaries of a municipality.
(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 of land that abuts the property proposed to be
vacated.
(c) The legislative body shall hold a hearing on the petition within thirty (30) days after it is received.
The clerk of the legislative body shall give notice of the petition and of the time and place of the
hearing:
(1) in the manner prescribed in IC 5-3-1; and
(2) by certified mail to each owner of land that abuts the property proposed to be vacated.
The petitioner shall pay the expense of providing this notice.
(d) The hearing on the petition is subject to IC 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.
(e) After the hearing on the petition, the legislative body may, by
ordinance, vacate the public way or public place. The clerk of the legislative body shall furnish a copy of
each vacation ordinance to the county recorder for recording and to the county auditor.
(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, PL.211,
SEC.2.
Ie 36-7-3-13
Vacation proceedings; filing of remonstrances and objections; grounds
Sec. 13. A remonstrance or objection permitted by section 11 or 12 of this chapter may be filed or
raised by any person aggrieved by the proposed vacation, but only on one (1) or more ofthe 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 wou~d 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,
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Indiana Code 36-7-3
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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 anyplatted land is vacated, the descriptions ofthe 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)
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 IC 36-7-4-712, whichever is applicable.
(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 byP.L.220-1986, SEC.7.
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IC 36-7-3
Chapter 3. Platting and Vacation of Real Property
IC 36-7-3-1
Application of chapter
Sec. 1. (a) Section 2 of this chapter applies only to areas subject to the jurisdiction of no plan
commission under this article.
(b) Sections 3 through 9 of this chapter apply only to:
(1) areas subject to the jurisdiction of an advisory plan commission under this article; and
(2) areas subject to the jurisdiction of no plan commission under this article.
(c) Sections 10, 11, 14, and 16 of this chapter apply to all areas of the state, except that section 11 of
this chapter applies only to areas subject to the jurisdiction of a plan commission under this article.
(d) Sections 12, 13, and 15 of this chapter apply to all areas of the state, except in a county having a
consolidated city.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.5; P.L.220-1986, SEC.3.
IC 36-7-3-2
Subdivision of lots or lands outside boundaries of municipality; requisites, approval, and
recording of plat
Sec. 2. (a) A person who lays out a subdivision oflots or lands outside the corporate boundaries of
any municipality shall record a correct plat of the subdivision in the office of the recorder of the county
before selling any lots in the subdivision. The plat must show public places, public ways, and the length,
width, and size of each lot. Lots shown on the plat must be regularly numbered.
(b) The certificate of a registered land surveyor certifying the correctness of the plat must be attached
to the plat. This certificate must include a description, by metes and bounds, of the location of the plat.
(c) Before offering a plat for record under this section, a person must acknowledge it before an officer
authorized by law to take and certify acknowledgements of deeds. The officer shall then attach to the
plat a certificate of the acknowledgment, which must be recorded with the plat.
(d) Before offering a plat for recording under this section, a person must file a copy of the plat in the
county auditor's office and must submit the plat for the approval of the county executive. The county
recorder may record the plat only if a certificate showing the approval of the county executive is
attached to it. If the record of a plat is not executed and approved as required by this subsection, it is
void.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.104-1983, SEC.4; P.L.220-1986, SEC.4;
P.L.23-1991, SEC.38.
IC 36-7-3-3
Laying out of town, addition to municipality, or subdivision of lots or lands within boundaries of
municipality; requisites,
approval, and recording of plat; donations or grants to public
Sec. 3. (a) A person who lays out:
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(1) a town;
(2) an addition to a municipality; or
(3) a subdivision oflots or lands within the corporate boundaries of a municipality;
shall record a correct plat of the town, addition, or subdivision in the office of the recorder of the county
before selling any lots in the town, addition, or subdivision. The plat must show public grounds, public
ways, and the length, width, and size of each lot. Lots shown on the plat must be regularly numbered.
(b) Every donation or grant to the public, or to any person, that is noted as such on the plat, is
considered a general warranty to the donee or grantee named on the plat, for the purposes intended by
the donor or grantor.
(c) Before offering a plat for record under this section, a person must acknowledge it before an officer
authorized by law to take and certify acknowledgments of deeds. The plat may be recorded only if it is
made and acknowledged in the manner prescribed by this section.
(d) Before a person offers a plat for recording under this section, he must submit it for the approval of:
(1) the advisory plan commission that has jurisdiction over the platted area under IC 36-7-4; or
(2) the municipal works board, if no advisory plan commission has jurisdiction over the platted
area under IC 36-7-4.
The advisory plan commission or works board shall approve or disapprove the plat, and may require the
public ways shown in the plat to be as wide as, and coterminous with, the public ways in contiguous
parts of the municipality. The county recorder may record the plat only if a certificate showing the
approval of the plan commission or works board is attached to it. If the record of a plat is not executed
and approved as required by this subsection, it is void.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-4
Survey and plat; order; adoption; resolutions; requisites
Sec. 4: (a) A municipality that does not have a sufficient survey and plat of its corporate territory may,
by a resolution of its legislative body passed by a two-thirds (2/3) vote, order a survey and plat of the
municipality. When the survey and plat have been made, the legislative body may adopt them by a
resolution passed by three-fourths (3/4) vote (as described in IC 36-1-8-14). If a survey and plat of the
municipality have already been made, without the order of the legislative body, it may adopt them by a
resolution passed by a three-fourths (314) vote.
(b) The survey and plat are considered adopted by the municipality for all purposes if a certified copy
of the resolution adopting the survey and plat is:
(1) signed by the municipal executive and clerk;
(2) attested by the seal of the municipality; and
(3) recorded with the survey and plat in the office of the recorder of the county in which the
municipality is located.
The copy of the resolution must include a statement of the names of the persons voting for and against
it.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.125-2001, SEC.4.
IC 36-7-3-5
Surveying, platting, and numbering of tracts of land in municipality; requisites, approval, and
recording of plat; public ways
Sec. 5. (a) If there are five (5) or more specific tracts ofland in a municipality that:
(1) approximate in size any of the platted lots in the municipality;
,(2) are not platted or numbered; and
(3) are near or contiguous to each other;
the municipal legislative body may cause the tracts to be surveyed, platted, and given a specific number
on the plat. If the survey and plat are approved by the legislative body and recorded in the platbook
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records of the county in which the municipality is located, they have the same legal effect as if they had
been made by the owners of the tracts under section 3 of this chapter.
(b) Tracts surveyed under this section may be described and conveyed by the numbers assigned to
them, in the same manner as other platted lots. However, a new public way may be laid out or opened
only with the written consent of the owner of the real property to be affected.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-6
Resolution declaring necessity of survey or plat; requisites; adoption procedures; direction to land
surveyor
Sec. 6. (a) Before a survey of a municipality is made under this chapter, the municipal legislative
body must declare, by resolution, the necessity for making the survey or plat. The resolution must
describe and embrace all tracts to be included in the plat, with the description being by streets, alleys,
corporate lines, other platted additions' lines, or any boundary line that can be definitely located. Notice
of the adoption of the resolution must be given in accordance with IC 5-3-1. The notice must fix a time
and a place where the persons owning the tracts may appear before the legislative body and object to any
further steps being taken in the proceedings.
(b) If, after hearing any objections, the legislative body considers it necessary to proceed with the
survey and plat, it shall direct the municipal civil engineer, if he is a land surveyor, or, if he is not, some
suitable and competent land surveyor, to immediately make the survey and plat and report them to the
legislative body.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.45, SEC.17.
IC 36-7-3-7
Land surveyor; completion of survey and plat; requirements; boundary line dispute procedures;
subdivision of tracts; report;
statement of costs and expenses; filing
Sec. 7. (a) In making a survey of a municipality under this chapter, a land surveyor shall adhere as
nearly as possible to boundary lines between tracts. If the owners of adjacent tracts do not agree on the
location of the boundary line between them, the land surveyor shall give all interested parties ten(10)
days' notice that, at a specified time, he will establish the boundary line. The line established is the
correct boundary line,but an aggrieved party may appeal from the survey in the same manner as is
provided by IC 36-2-12-14 for an appeal from a survey made by a county surveyor. However, an appeal
does not delay the completion of the survey and plat.
(b) All public ways shall be preserved and properly designated on the plat.
(c) Each specific description shall be platted as one(1) lot and given a distinct number on the plat,
except that where a part of the specific description is cut off by a street or alley, the tract may be given
two (2) or more distinct numbers, as required by the situation.
(d) If any part of the entire tract to be platted is cut up into blocks by streets or alleys, the tract shall be
platted in lots extending from the street or alley in the front to the alley in the rear.
(e) If a lot embraces more than one (1) specific description, the memoranda attached to the plat must
designate how much of the lot belongs to each of the part owners.
(f) A person owning a tract that is within the boundaries of the territory to be platted and is larger than
an ordinary lot may have that tract subdivided into lots of convenient size in the making of the plat.
(g) The land surveyor shall show on the plat the exact size and shape, the number, and the name of the
owner(as determined from the records of the county), of each lot platted, and shall attach to the plat, as
a part of it, a brief memorandum of the tract description of each lot platted.
(h) The land surveyor shall sign the plat and acknowledge its execution before an officer authorized to
take the acknowledgment of deeds. When the survey and plat are completed, the land surveyor shall file
them with the municipal clerk. The land surveyor shall also file with his report of the survey and plat an
http://www.in.gov/legislative/ic/code/title36/ar7/ch3.html 4/9/2003