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Home My WebLink AboutD-1867-07 Vacating Public ROW DI1~Y ~tmR8~ fO~ rAXAilON ' , ~ubject to tinal ~ccaptance for transterSponsor(s): Councilor Carter :30 day of <DC ~ ~,202D tolM... ~ Aud~orolHamilton~nt:i ORDINANCE D-1867-07 Parcel # ANORIH!'IANtEOF TIIItCOMMON:cOUNCIL OFTHE'pTY OF CARMEL, Th'DI.4NA V ACA tINe A PORJION'OF PUBLIC RIGHT-OF-WAY WHEREAS, Pea,cofReside.ntiaJ, LLC ("Petitioner"), has!submitted apetitlori.to the City of Cannel, Indiana, pursua~ttolndiana'Cbde i~36-)c3-12(b) requesting the,:acation ofa portion of public way commonly known as the Rangelint 'Road and Main .StreeL WhlCh is located entirely ,'c'. , "' . withiiHheccorporate bou'ndaties of the City of Carmel, Indiaila: (the'''Proposed ordinance"); and, . --. WHEREAS, in the manner prescribed,by IndiaiiaCode~36-7C3-n-(c),the ClerkcTreasurer bftheCity of Carmel, Indiana; gave notice ofine .Proposed Ordiriahce @d'qftheJime andpJace of the.public hearing on.\he PropO,sedOr:djnance; and Wm;Rf,A..S, apubljc,hearing on,theProposed Ordihance was. held by:tI~eCommonCouncilof the City of Canilel, )ndiaria (tlie "CounCil'), the 15th day of October, 2007., and foI!o\virig the presentation of evidence a1.sa;o .hearirig; the Council:ri(}wfinds as folloW's (a) Petitioner inten'ds to develop.thereal estate abu!tingthe publicri~t-6f~w~y tODe vacated, The vacation of t)J.e p'onian o~righ(o'f-wayat'Rallgeline'Road"and Main Street,-more particularly described in t~e:Petition. attiJ.chea hereto,as Exhibit A, WI]] facilitate'the' fedevel9Rment of this'parcel. (b) ,Pebtioner is the sole owner of the realestateal:iutting the"publi6right-of~way to be va~ated, (c) The City of Cannel !3oard orPul:ilic Wcirksand:Safety fecommendedapproval of the pefitiontova<:<ate the portion ofthep,ubjic right-oI-way of-Rang'eljn-eRbad and Main Street' on Septembet 5, 20Q7. (d) N!i ev,ideI1ce,of probative value was presented at theptibhc hearing 'held regarding the proposed v~~ation. that,wa~inopposition' to same. (e) It,has.been demonstrated by a'preponcierance'oftheevidencetha.t thev"cation of a portion of this'nght-6f"w~Y.i~ In t1ie pest interests of tile public, (f) The,poYtionofpublicright-of,way:at Rangeline Road and Mllln Street,:as identmed hereinabove,shoulq be';v.aellted. Now, THEfEFORE,BF; IT ORDAlNEDbythe Common Gouneil ofthtCity ofCatinel, Indiana, as follows: 1 , :PursUaht to'lridi'anaQode s36'7-3-12"those portions'ofthe rights-of-way commonly knownas'Rangj"l{ne,RdaCl arid lv1ainStreet, as:arelocated in Cannel, Indiana.and:identifiedin ,this Otdinance,;are heteby~acated as, 'ptibhcrightCgf-way ani:rritle to,such.vacated'rightcof-way here'Qyreverts 2007061357 ORDINANCE $25,00 le/30/20~7'09,33:57A 7 PGS :Jer1nHe~ J Hayden HAMIL TON Counly. Reccr:d.!r, IN .Rec';~dedasP;'esenled - to, and. is vested in, the owner of the real estate abutting said rights-of- way. 2. TIlis.Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, lndiana, this IStbaay of O~ ,2007, bya vote of { ayes and~nays. P siding Officer d~~ W. Eric Seid'ensticker ~p4 Richard L. Sharp AltJ Diana L. Cordray, lAMC, Clerk- 991128'1 2 Presented by me to the Mayor of the City of Carmel, Indiana, this 1.5H;say of~ , 2007 at '7 .'~;;l... ~.m. Diana L. Cordray, TAMC, Clerk- Appro~'" by m, M,yo< ofili, C1'Y ofamn,l, n'ql~, <hI, /5* d,y of (J~ _, 2007 al'2:n P.M. 0 ^ es Brainard, Mayor A TIEST: This instrument prepared by: Ron Brown, Esq. Pedcor Bancorp 770 3'd Avenue SW Carmel, IN 46032 (317) 705-7903 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Ron Brown 991128vl 3 PETITION TO VACATE A PUBLIC WAY LOCA TED ENTIRELY WITHIN THE CORPORATE BOUNDARIES OF CARMEL. INDIANA I. Pedcor Residential. LLC ("Petitioner"), pursuant to Indiana Code 936-7-3-12, does hereby respectfully petition the Common Council of the City of Cannel. Indiana, for the vacation of those 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. In support of this petition. the Petitioner submits the following: "The Petitioner submits this petition pursuant to Indiana Code 936-7-3-12 to respectfully request that the Common Council of the City of Carmel, Indiana vacate those portions of the' existing Public Right of Way described and depicted iil Exhibits "A" and "B". respectively. The Petitioner makes this request to satisfy its obligations to the Carmel Redevelopment Commission ("CRC") to develop the Old Town Shops II in the city of Cannel. Indiana, more particularly described as Unit 30f OTS II and having the address of35 E. Main Sireet. Carmel, IN46032, The CRC and the Petitionerl entered into a certain Project Agreement ("Project Agreement") dated May 11,2006, pursuant to which the Petitioner agreed to develop the Old Town Shops II in collaboration 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 "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 Cannel. Indiana vacate the areas of Public Right of Way that are the subject 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 narnesand addresses of the owners of land which abut the property proposed 10 be vacated: I Petitioner. is acting as Developer orthe Old Town Shops II project and as such, reserves the right to transfer any right, title or interest Petitioner may have in the property or in this petition to any successor.or assign as may become involved with the Old Town Shops II property pursuant to that certain Purchase Agreement and Construction Contract executed as of April S, 20M, and all subsequent transrers. EXHIBIT A Donald R. Mosson Poge I M;\MS\BANKS\Pcdeor Rcsidcnlial LLCIPon:eII6\Va"lionsIUnil JIUppcr Level Legal(J).doc 9/1112007 ENCROACHMENT DESCRIPTION A portion of the property of the City of Carmel, Indiana A part of Instrument Number 2006-00020990 Phase II - Unit 3 - Upper Level January 17, 2007 A part of the Southwest Quarter of Section 30, TOmlship 18 North, Range 4 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-Wily, 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, TOmlship 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 of the western lines of Lots 5 and 6 in the TOml 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 ofa 0.012-acre tract ofland granted to the City of Carmel, Board of Public Works and Safety ("Works and Safety traci") (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 0.344-acre tract ofland 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 feJ;t (measured westerly in a perpendicular direction) from the centerline thereof; thence South 00 degrees 10 minutes 27 seconds East 230 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 35.45 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; thence continue South 89 degrees 44 minutes 59 seconds West 31.51 feet along said Common line; thence Don.l~ R. Mosson Pall' 2 M:\MSIDANKSIPcdcor RcsidCllli.1 LLClPllICCI16WaC8lion,IUnlt 3\Upper Level LegJll(3~doc 9/1I1.l007 North 00 degrees 01 minutes 51 seconds West 4.37 feet; thence North 89 degrees 58 minutes 09 seconds East 31.51 feet; thence South 00 degrees 01 minutes 51 seconds East 4.25 feet to the POINT OF BEGINNING, containing 135.85 square feet (0.003 acres), more or less. , :-...~,_~:-:7' .'.",-" I, '-~;;i' ' ..;. .. ri ~~! ~-s .... , ,. z 2 ::i .~. fu J ill CD :ex: I-' 0 0 u.. ill 0:: <( ::> a (f) 0:: 0 0 ...J u.. I- (f) 0:: u.. W 0:: <(z =><( 0-1 {f)a. 0:: w'~ o t9" o ~;~ ~o 1-0 (f)LL 0:: LL - - lJjG ~~ OL I,-~ ::>< (J) iJi3 Z'" ~ ~ - ~"j ~ ~ - ~ O~ , , - . v h;i Q~ ..Jt5 o .. ~ ~ o C :-1_ ~ ~~g ~ ~ z -j ~:?!~ Q -g %Q:Jlg II) 5~~;'> llJ~ ~."'":....; 0... 'D .,....c ct ~ tr.<iR::: o ~-~~~~ g.,:; r.UM ~~ - "" o =~ \:7 ~- o~ ~~ ~ .r:::.:::