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Home My WebLink AboutD-1868-07 Vacating Public ROW DULV ENTERED I'OR TAXATION Sponsor(s): Councilor Carter Subject to final acceptance for transfer ~o day of oU.-D~ ,20.-QJ. ORDINA1~CE D-1868-07 /) ~ .~ Audttorof Hamilton Coonly N. A.1\I ORDINANCE OF THE COMMON COUNCIL Parcel # OF THE CITY OF CARMEL, INDiANA VACATING A PORTION OF PUBLIC RIGHT-OF-WAY WHEREAS, Pedcor Residential,LLC ("Petitioner"), has submitted a petition.to the City of Carmel, Indiana, pursuant to l11diana Code 936-7-3-12(b) requesting the vacation of a portion of public way commonly known as the Rangeline Road and Mali) 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 Indiana CodeS36-7-3-12-(c), the Clerk-Treasurer of the City of Carmel, Indiana, gave notice of the Proposed Ordinance ahd of the time and place of the public hearing on the Proposed Ordinance; and 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 pOliion of right-of-\vay at Rangeline Road and.Main Street, more particularly described in the Petition attached hereto as Exhibit A, will facilitate the redevelopment of this parceL (b) Hamilton County, Indiana 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 ofRangeline.Roadand 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 of the evidence thaUhe vacation ofa portion of this right-of-way is in the best interests of the public. '(1) 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: 1. Pursuant to Indiana Code 936-7-3-12, those portions of the 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 right-of-way and title to such vacated right-of-way hereby reverts 2007061356 ORDINRNCE $25.00 10/30/2007 09:33:57R 7 PGS Jennifer J Hayden HRMILTON 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 effectfrom and after the date of its passage, signing by the Mayor and such publication as is required by law. <:rt PASSED by the Common Council of the City of Carmel, Indiana, this I S- day of fJ(' ~ ,2007, by a vote of ~ ayes and ~ nays.' - ~ Pr~ing Officer COMMO OUNCILFORTHECITYOFCARMEL // /-C?~ .?V.. ~~ / W. Eric SeiEl'ensticker~. 4i7-- Richard L. Sharp AV~~ easurer 991205vl 2 ~ Presented by meto the Mayor of the City of Carmel, Indiana, this ~ day of O~ , 2007 at 7~ dd.. f....m. Diana L. Cordray, lAMC, Clerk-T Approved byrne, Mayor of the City of Carmel, Indiana, this IS-t+--dayof {)d~ 2007 atL~.M. . -. ATTEST: Diana L. Cordray, lAMC, Clerk T esurer This instrument prepared by: Ron Brown, Esq. Pedcor Bancorp 770 3cd Avenue SW Carmel, IN 46032 (3 I 7) 705- 7903 I affirm, under the penalties for perjury, that I have taken reasonable care t6 redact each Social Security number in this 'document, unless required by law. Ron Brown 991205vl 3 PETITION TOVACATE,A PUBLIC WAY LOCATED ENTJREL Y'WITHIN THE CORPORA TE BOUNDARIES OF'CARMEL,'INDlANA 3. lfistipportoflh:is petition, thePefitioner submits ihe fo'lIowihg: "The Petitioner submits this, petiiipn PW;suMt to Indillna Code 936-,7-3-1210 respectfully reques! tlJatthe Common .councilof the City. ofCl!nnel, Indiana'-"vui:ate I~ose portions' ofth,e exJsting Pilblic Rightbf Way described and depicted'in Exhibits ''A''and "B".respectively.ThePetition~r I!lak~s this request to satisfy, its obligations to th~ Carmel RedeVelol1ment Commission ("CRC") to develop the Old Town Shops II in the city of Cannel, Indiana, more par'licula[ly:described as Unii4of0TS II and having the address of3tE. MainStreef,Carmel, tN 4603'2-, The CRC lUld the Petitioner, elltered irJo ,a certain Proje,ct ,Agreement ("J>roject Agreement") dut~d May 1 1,.2006. pursuant to'whichthe"Petitioneragreed to develop the Ola Town Shops 11 in collaboration With the CRC. Since the execution of the Projei:tAgr~e~ent, Ihe,peiitioner:and clm have worked'together to create plans llI1d sp,ecjOcations ("CRC-Approved'Plans'~) for the Old Town Shops:n that are consistent wiih the desires of the City of Ga;:meI. The C~C-ApproYed PI1!ns include construclionofbuildings in the areas of the PubiicRight'of'Waydescr.iped above, 1l1e Petitio1\ei' re~pectfully requests t~il the'~ommonCouncilof,the,CityofCarmel, Indiana vacate lhe,areas of,Public RighI ofWay,tha!are the subject of this petition, Following the i:ol1).pletion of Old TOWn'S,h6ps!l. Petitioner conveyed:a portion of Old Town Shops II, more commonly, known as Unit ~ o(Ol,d Tq,\'I!l ~Shop~lI ("Unit 4~'),Jo the Hamilton CountY' Convention,and Visitor's Bureau (the "HCeVB"}: The HCCVB 'has ~ubseque!llly conveyed UJ,it 4.to Ha,milton County, .Indiana. Petitioner now submitsJhis petition request on,behafofHamilton County,'lndi:ma." 4. The following are the names and addresses oflhe O\vllers of landwhith"abut the proper:t}' prop()sed to be vacated: ,M:\MSIBANKSlPedi:or Residential LLC\Paroel.l6Wacations\OTS Ii Vacation Unit 4,doc EXHmIT A AND ALSO: Lower Level BuaoacIuneut A'part of the Southwest Quarter of Section 30, Township 18 North, Range 4 East of the Second PtiDcIpal Meridian, H"miltnu Co1mty, Indiana, being a part of Lot 30 In W= md Phelps Addition. as per plalthereot: teCOIded in Deed Book H. page 254, md also a portion of the DediC8l:itlU &: Deed ofPubUc R1gbts-of- Way, recbrded as Instrumellt Number 200600020990, B1l in the Office oftheRccorder ofHami1ton Colll1ly, Inrll""", being f\Irther defined from e1cvBlion838.1 (lower first floor) to elevation 846.3 (NO'll) 1929) and below, more particaIady d=rlbed as follows: Comm"l''''"g at the Northwest Comer of the Sonlhwest Quarter of said Section 30, Township 18 North, Range 4 East; lhcnce North 89. degrees 44ll1inu1e!l 59 seconds East (assuming the West Line of said Southwest Quarter to be North 00 degrees 00 mim""" 00 seconrl,East) 33.00 feet along~NorthLine ofsald Southwest~~ the northerly projection oftbc westl:m lines of Lots 5 1IIlII6 ill tho Town ofBeth1ehem (now CmmeJ), as per~ th~ IeCQIded In Deed Book B. page 512 in said Rccotdats Oflicej,thence South 00 degrees 00 minutes 00 seconds West 33.00 feel along said northerly projection to the northwestern comet of said Lot 5 md the northwestem comer of a 0.012-a= tract of land flllIlIled to tho City of Camlel, Board ofPnbUc Works md Safe1y ("Works ~ Safety lIact") (=rded as Jnstntmllll1 Nllmber 200500047125 in ~ R.c<:order's Office); thence North 89 degn:es 44 mimIIes 59 seconds East 306.67 feet along said WOIks and Safety tract md tho northam liues of Lots 29 and 30 in said Wamm SlId Phelps AtI.ution and the northem \ine of the 0.344-acre tract ofland grunted to the City ofC'-"",,,l.1ndisna ("Camel tract") (recarded as Instrument Number 200600020990 in said R=lrder's Office) to tbc westl:m right-of-way line 1st A_ Southeast, said point lying 16.50 feet (measared wubodj in a perpr:ndiculllr direction) from the I'1'mt....!lnA thereo~ thence South 00 degrees 10 mim..m. 27 seconds East 2.30 feet along said westem right-of-way line to the point ofbegimJlng of a 0.310-acre tract ofland gIllII!ed to Pedcor llesld...m"l, lie ("ll~t1...m,,1 tract") (teCOrded as InsIImneD1'Number 200600039099 in said R.c<:order's Oflica); thlmce South 89 degrees 44 min1Iles 59 seconds West 3.07 feet along the north= \ine of said Residel!tial tract md a solllhem Iiml of said CmmeJ tract . ("Commcn line") to the POlNT OF BEGINNING of this description; thence ccmtinna SOlIth 89 degrees 44 mmtltcs 59 seconds West 32.38 feel along said Common liue; thence North 00 degrees 01 mlnnt.., 51 seconds West 1.58 feet; thence North 89 degrees 58 min1Iles 09 seconds East 32.38fi:et; thence South 00 degrees 01 mlnrriPo 51 seconds East 1.46 feet to the POlNT OF BEOlNNlNG,C(Intmm"B 49.24 8qllllt1l feet (0.001 acres). more orles3. i \; . :- :;;:(11 '::J'" ',~ -: ,~ . .i!? o:.~ wJ CD .~, ,.r.:-: o o 'IJ.. Iii a:: :3 'C ~ ,,0:: .,.,..,', ~ o ...J 1..L I- U) a:: u: lLJ El:: <C 02 O.<{ ...J IJJ,Q... El::,w'; o C<,:O 'Ov,," . "~~; ...J~"': lLQ hG IJ1lL Q:' i:L: - me n.,,- ~ 0" :c ',5. "" ':.c....... rf'\'Q:~ ~/:l,l'.::J Z"' Z ~"':' ::"''''', , >~W,~ O:;~ ,(: ' ,r- ,-1 I.l ag ..J,e O'~ .. :~.~l t: ,g-,~.-.;;,;"" it!~~ ~,'~:~1~,I~ a:: ~'kci:g~ o :~;;~f::';:; ,g ~g:"'-.B;:;'i~ I.&: ,~";i .. < ~ = ;:.;:~ ~~ o~ ~ ~. CITY OF' CAR..MEL- DEPARTMENT OF COMMUNITY SERVICES CONSENT FORM The underSigned, on behalf of ,Hamll!on County, ,Indiana, :the owner of the properly cofTJmonly known as 37 EastMaln Slre,e~ Ca,vnel. Indlfln~, herebyautl}orizes Pedcor Resldentlal, lLCt6 file ~ PeijtJon to Vacate a Public Way and development petlUilris nilcessaryfor Iheaforementloned address. nllsconsenl shoW: 'I!J remaIn In effed until revoRed by a wiitten stetementfiledwith the De'perlment ofCohimunl\YSerVlcs5. remain In effect untii. o .By: Printed: lWEi:'" STATE OF INDIANA COUNTY OFHAMlLTOf\! ) )55: " l 5ubscribedand sworn lo,before me thlsl!a-. day of Apiil; 2007; My COrTIml~siorlG1mlres: ~' . .'. ~'.,' . ,'S2_,~ -4 -cl!o- OX ' ,~~ A...^^->-" D ~ ' . ary Public ., ~~O,lJ.'.n_,ty,. pfl~Slde. ,nee: --.......... , \.' \ ~- -~ -== l J'\Ct..:K\f-.o..... I--.~ -"':':':''-6'''-0/',. Printed SIgnature iIlli012",1.DOC ','