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Home My WebLink AboutD-1865-07 Vacating Public ROW 'DI~i.Y eNfl:RI:D rOR TAXATION ,Subject to final acceptance for transfer 3:) day of O<J..D'c0\ ,20 0' I!..~ ~AuditorofHamiltonCoun1y Parcel # AN ORDINANCE OF THE. COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA VACATING A PORTION OFPUBLIC RIGHT-OF-WAY Sponsor(s): Councilor Cilrter ORDINANCE D-1865-07 WHEREAS, Pede or Residential, LLC ("Petitioner"), has submitted a petition to the City of Carmel, Indiana, pursuant to Indiana Code 936-7-3-12(b) requesting the vacation of a portion of public way commonly known as the Rangeline Road and Main Street, which is located entirely within the corporate boundaries of the City of Carmel, Indiana (the "Proposed Ordinance"); and, WHEREAS, in the manner prescribed by Indiaua Code 936-7-3- 12-(c), the Clerk-Treasurer of the City of Carmel, Indiana, gave notice of the Proposed Ordinance anc!'ofthe time and place of the public hearing on the Proposed Ordinance; apd WHEREAS, a public hearing on the Proposed Ordinance was held by the Common Council of the City of Carmel, Indiana (the "Council"), the 15th day of October, 2007,.and following the presentation of evidence at said hearing, the Council now finds as follows: (a) Petitioner intends to develop the real estate abutting the public right-of-way to be vacated, The vacation of the portion of right-of-way at Rangeline'Road and Main E!treet, more particularly described in the Petition attached hereto 'as Exhibit A, will facilitate the redevelopment of this parceL (b) Petitioner is the sole owner of the' real estate abutting the public right-of-way to be vacated,' . , (c) The City of Carmel Board of Public Works and Safety recommended approval of the ' petition to vacate the portion of the public right-of-way of Range line Road and Main Street on September 5, 2007. (d) No evidence of probative value was presented at the public hearing held regarding the proposed vacation that was in opposition to same., (e) It has been demonstrated by a preponderance onhe evidence that the vacation ofa portion of this right-of-way is in the best interests of the public. (f) The portion of public right-of-way at Rangeline Road and Main Street, as identified' hereinabove, should be vacated. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: ,. I. Pursuant to Indiana Code 936- 7-3-12, those portions ofthe rights-of-way commonly known as Rangeline Road and Main Street, as are located in Carmel, Indiana and identified in this Ordinance, are hereby vacated as public rightcof-way and title to SlICh vacated right-of-way hereby reverts 2007061359 ORDINRNCE $25.00 10/30/2007 09:33:57R 7 PGS Jennifer J Hayden HRMI~TON Counly Recorder IN Recorded as Presenled \. to, and is vested in, the owner of the real estate abutting said rights-of- way. 2. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and such ptlblication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this I~-Jhday of OcJ:XSfxll. ,2007, by a vote of.!L.. ayes and ~ nays. P 'd~~N reSl 1 lcer o t:,r, FORT HE CITY OF CARMEL ~~ W. Eric Seid sticker M~# AT~ Diana L. Cordray, lAMC, Clerk-Tre 988424vl 2 Presented byme to the Mayor of the City of Carmel, Indiana, this /S.j.!-.day of~ , 2007 at I ;'d-d-. ~.m. ATTEST: Diana L. Cordray, IAMC, Clerk-Tr Approved by me, Mayor of the City of Carmel, Indiana, this l.s#-.dayof {J 2007 atl.:C;l.;lP.M. This instrument prepared by: Ron Brown, Esq. Pedcor Bancorp 770 3rd Avenue SW Carmel, IN 46032 (3 I 7) 705-7903 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unlessrequired by law. Ron Brown 988424v1 3 PETITION TO VACATE A PUBLIC WAY LOCATED ENTIRELY WITHIN THE CORPORATE BOUNDARIES OF CARMEL. INDIANA 1. Pedcor Residential, LLC ("Petitioner"), pursuant to Indiana Code ~36-7-3-) 2, does hereby respectfully petition the Common Council of the City of Carmel, Indiana, for the vacation ofthose portions .of the existing Public Way of Main Street located entirely within' the corporate boundaries of Cannel, Indiana, as are particularly described below and in the exhibits attached hereto and made a part hereof. ' 2. The portions of the Public Way being vacated are more particularly described in Exhibit "A" hereto and depicted in Exhibit "B" hereto, which are incorporated herein by this reference. 3. I,n support of this petition, the Petitioner submits the following: "The Petitioner submits this petition pursuant to Indiana Code. ~36-7-3-12 to respectfully request that the Common Council of the City of Cannel, Indiana vacate those portions of the existing Public Right of Wily described and depicted in Exhibits "A" and "B", respectively. The Petitioner makes this request to satisfy its o~ligations to the Carmel Redevelopment Commission ("CRC") to develop the Old Town Shops II in the city of Carmel, Indiana, more particularly described as Unit I ofOTS 11 and having the address of31 E. Main Street, Carmel, IN 46032. The CRC and the Petitioner' entered into a certain Project Agreement ("Project Agreement") dated May 11,2006, pursuant to which the Petitioner agreed to develop the Old Town Shops 11 in collaboratiOli with the CRC. Since the execution of the Project Agreement, the Petitioner and CRC have worked together to create .plans and specifications ("CRC-Approved Plans") for the Old Town Shops II that are consistent with 'the desires of the City of Carmel. The CRC-Approved Plans include construction of buildings in the areas of the Public Right' of Way described above. The Petitioner respectfully requests that the Common Council of the City of Carmel, Indiana vacate the areas of Public Right of Way that are the subje'ct,of this petition. This will allow the Petitioner to finalize construction of the approved buildings within those areas of the Public Right of Way pursuant to the CRC-Approved Plans." 4. The following are the names and addresses of the owners of land which abut the property proposed ,to be vacated: Pedcor Residential, LLC 770 3rd Avenue S.W., Carmel, IN 46032 I Petitioner is acting as Developer of the Old Town Shops ,II project and as such, reserves the right to transfer any right, title or interest Petitioner may have in the property odn this pelition to any successor or assign as may become involved with the Old Town Shops II property pursuant to EXHIBIT A Exhibit A ENCROACHMENT DESCRIPTION A portion of the property of the City of Carmel, Indiana A part of Instrument Number 2006-00020990 Phase II - Unit I - Upper Level January 17, 2007 A.Part ofthe _S?!!thw~~t .Quart.e.rofSe~tion 30, To.W!l~hjp 18 NQrth, Range4 East of the Second Principal Meridian, Hamilton County, Indiana, being a part of the right-of-way of East Main Street in Warren and Phelps Addition, as per plat thereof, recorded in Deed Book H, page 254, and also a portion of the Dedication & Deed of Public Rights-of-Way, recorded as Instrument Number 200600020990, all in the Office of the Recorder of Hamilton County, Indiana, being further defined from elevation 846.3 (NGVD 1929) and above, more particularly described as follows: Commencing at the Northwest Comer of the Southwest Quarter of said Section 30, Township 18 North, Range 4 East; thence North 89 degrees 44 minutes 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 minutes 00 seconds East) 33.00 feet along the North Line of said Southwest Quarter to the northerly projection ofthe western lines of Lots 5 and 6 in the Town of Bethlehem (now Carmel), as per plat thereof, recorded in Deed Book E, page 512 in said Recorder's Office; thence South 00 degrees 00 minutes 00 seconds West 33.00 feet along said northerly projection to the northwestern comer of said Lot 5 and the northwestern comer of a 0.0 12-acre tract ofland granted to the City of Carmel, Board of Public Works and Safety ("Works and Safety tract") (recorded as Instrument Number 200500047125 in said Recorder's Office); thence North 89 degrees 44 minutes 59 seconds East 306.67 feet along said Works. and Safety tract and the northern lines of Lots 29 and 30 in said Warren and Phelps Addition and the northern line of the O.344-acre tract of land granted to the City of Carmel, Indiana ("Carmel tract") (recorded as Instrument Number 200600020990 in said Recorder's Office) to the western right.of-way line 1st Avenue Southeast, said point lying 16.50 feet (measured westerly in a perpendicular direction) from the centerline thereof; thence South 00 degrees 10 minutes 27 seconds East 2.30 feet along said western right-of-way line to the point of beginning of a 0.31 O-acre tract of land granted to Pedcor Residential, LLC ("Residential tract") (recorded as Instrument Number 200600039099 in said Recorder's Office); thence South 89 degrees 44 minutes 59 seconds West 86.21 feet along the northern line of said Residential tract and a southern line of said Carmel tract ("Common line") to the POINT OF BEGINNING of this description;the-nce continue South 89 degrees 44 minutes 59 seconds West 33.29 feet along said Common line; thence Exhibit A North 00 degrees 01 minutes 51 seconds West 5.24 feet; thence North 89 degrees 58 minutes 09 seconds East 17.96 feet;.thence South 00 degrees 01 minutes 51 seconds East 0.67 feet; thence North 89 degrees 58 minutes 09 seconds East 15.33 feet; thence South 00 degrees 01 minutes 51 seconds East 4.44 feet to the POINT OF BEGINNING, . containing 162.11 square feet (0.004 acres), more or less. 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