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HomeMy WebLinkAboutDept Report 03-19-02 -_'Ii CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT March 19, 209Y ~ 4h. Docket No. 14-02 PV; A portion of Danbury Estates Subdivision, Plat Vacation Petitioner seeks to vacate a portion of the Danbury Estates Subdivision including Lots 24 through 32, and a portIon of the right-of-way of Durham Drive and Dublin Drive. The site is generally located at the southwest corner o[the Danbury Estates Subdivision in the City ofCamlel. The site is zoned PUD and R-4/ Residence. Filed by the Board of Commissioners of Hamilton County. - The applicant is requesting that the Plan Commission approve a request to vacate a portion of the Danbury Estates Subdivision (see attached exhibit). The applicant in this case is the Board of Commissioners of Hamilton County. The area in question was rezoned as part of the 146th Street and US 31 PUD (currently the site of the Lowe's building, future building site, and US 431 ramps). The subject area will be the location of the ramps that will be constructed to provide th - access from US 431 onto 146 Street. The right-of-way within the subject area was vacated by the City Council last fall. This step would remove the now vacant lots within the Plat from the recorded Secondary Plat itself This requires Plan Commission consideration. The Department recommends that this item be approved, at the conclusion of the Public Hearing. Note: Taking final action on this item this evening will require a vote to waive the Commission's Rules of Procedure that would otherwise direct the item to the Subdivision Committee. Additional Note: Written findings are required for action on the Plat Vacation. ,#".-- ;.. ~ ~~Ie~~w~~ JAb! 18 20D2 ':.J DOCS BEFORE THE CARMEL PLAN COMMISSION PETITION FOR P ARTIAL VACATION OF PLAT The undersigned, Board of Commissioners of Hamilton County ("the Petitioners") allege as follows: 1. The Petitioners are the owners of Lots 24, 25, 26, 27,28,29,30,31, and 32 ("the Lots") in Danbury Estates, a subdivision located within the City of Cannel, Indiana, as per the plat thereof which was duly recorded in the Office of the Hamilton County Recorder on the 30th day of June, 1994, as Instrument No. 9429324 in Plat Cabinet No.1, Slide 435, as evidenced by the Deeds to Petitioner which are attached hereto, made a part hereof, and marked Exhibit A. 2. The Petitioner is the duly elected and acting executive and legislative branch of Hamilton County, and has acquired the Lots along with other real estate in order to construct a ramp from north bound Keystone Avenue to 146th Street at the intersection of 146th Street and Greyhound Pass ("the Project"). 3. The Petitioners need to vacate part of the plat of Danbury Estates which includes the Lots. The portions of Durham Drive and Dublin Drive, contiguous with the Lots, have been previously vacated by action of the Carmel City Council in Ordinance No. D-1529-01. 4. The portion of the plat to be vacated is described in Exhibit B and is shown in Exhibit C. 5. The plat needs to be partially vacated in order to allow the construction of the Project and to convey the excess land located west of the Project to the owner of land west of the commercial development west ofthe Project. The commercial land west of the Project is being constmcted pursuant to Ordinance No. Z-344, for the 146th Street and Keystone Avenue Planned Unit Development ("the Ordinance"), which was duly passed by the Cornman COlmcil of the City of Cannel on the 17th day of April, 2000, a copy ofwmch is attached hereto and marked Exhibit D. 6. The Ordinanceindudes a development plan for pOltions of Lots 26, 27, 28, and 29 which are located west ofthe right of way line of the Project. 7. Attached hereto as Exhibit E is a complete list of the owners of all of the remaining lots in Danbury Estates pursuant to Indiana Code 36-7-3-11. 8. There are no single family residences on tbe lots. 9. The Petitioners will be dedicating right of way to the City of Carmel for additional right of way south of Dublin Drive in order to permit a turn-a-round for Dublin Drive and to permit access to the property oWIier located south of the Lots. The area to be dedicated is shown and described as parcels 4C and 4D on the attached Exhibit F. 10. Tbe Petitioners also seek to vacate the covenants, conditions, and restrictions of Danbury Estates recorded on the 30th day of June, 1994, as Instrument No. 9429325 only as to the lots described above. 11. The conditions concerning the Lots contained .in the plat of Danbury Estates have changed since the date of the filing oftbe Plat because the Petitioners have acquired the Lots for public right of way, and because of the construction of the Project, portions of Lots 26, 27, 28, and 29 are no longer contiguous to the balance of Danbury Estates. 12. It is in the public interest to vacate the portion oftbe Plat, including the Lots and the public right of way, described in Exhibit B in order to allow the construction ." of the Project and to allow the portion of the Lots located west ofthe Project to be utilized to create a tax base to pay the costs of the Project through Tax Increment Financing. 13. The value of the Lots in the plat not owned by the Petitioner will not be substantially diminished by the granting of tins Petition for the reason that the commercial project which is located west of the Project is already being constructed and the construction of the Project have all been considered and made part of Ordinance No. 2-344. WHEREFORE, the Petitioner requests that the Cannel Plan Commission partially vacate the plat of Danbury Estates, as said plat applies to Lot Nos. 24 through 32, inc1udingthe portion of the right of way of Durham Drive and Dublin Drive which are described in Exhibit B, as well as the covenants, conditions, and restrictions of Danbury Estates as they apply to the real estate described in ExhibitB. BOARD OF COrvrMISSIONERS OF HAMILTON COUNTY ~~~ Sharon R. Clark stet1 crc7w Steven A. Holt ATTEST: {J... {,.L>-L~ YYl n~ Robln M. Mills, Auditor STATE OF INDIANA ) )88: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, this 1L\- day of January, 2002, personally appeared the within named Steven C. Dillinger, Steven A. Holt, and Sharon R. Clark as the Board of Commissioners of Hamilton County and Robin M. Mills as the Auditor of Hamilton County and acknowledged the execution of the foregoing document. WITNESS my hand and official seal. lXLuJn (J. e~CL"(JLCll11L , Notary Public Residing in l-bm II \tn County, Indiana My Commission Expires: D -cto - 0'6 This instrument prepared by Michael A. Howard, Attorney for Hamilton County, Indiana, 694 Logan Street, Noblesville, Indiana 46060 (317) 773-4212. ~[J~f:r.1 :1~mllf=lil) ~ LII {:\l""{'I'Y~ -_._~ I WARRANTY DEED 11)9909967747 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK an 11-19-199~ At 02:59 pl!!. W DEED NC . 00 r ,; NlJ' , THIS-INDENTURE WITNESSETH, that Langston Develop]l;tsnt Company, Inc., of Hamilton County, in the State of Indiana, Convey and Warrant to the Board of commissioners of Hamiiton County, state of Indiana,for and in cpnsideration of One Dollar ($1.00) and all other valuable consideration, the receipt of whiph is hereby acknowledged, the .:fo;llowing described Real Estate in Hamilton County in the state of Indiana, to-wit: Lots Numbered 24, 25, 26, 27, 28. 29, 31, and 32 in Danbury Estates Section One,. a subdivision in -Hamilton County I Indiana, as per plat thereof., recorded June 30, 1994, as Instrument No. 94~9324 in the Office of the Recorder of Ham.ilton County, Indiana. IN WlTNESS WHEREOF, the said grantor, Langston Development Company, Inc. I has set. their hand and seal,' this . (l 3 day of ~)~ , 1997. COMPANY, INC. By: Printed: >JQMe'5 1'2. La".j~ V lte. Pr(lf',1 a~-\- Title: Title: .)J/1 &!W/HCc/S 1/7 BXHTRTT A P DULY ENTBRED FOR TAXATION s~tofitW ~lor~er ~daYof ~\9~ ;j J),J! Auditor Ii" ?7 '{r..... IUnilltonCOunty PllrceHtJl ~- IC'.- V:t. D Q-f\~-(Q 4JXiJ 0:;'5.000 Od-\)..Ooo 01'1.000 Od~ .t/XJ 6JQ.0fXJ Q3i.OOO 03:i.lCU :r;mTr;:r;\r;r.m;tI'JIfi'i'F-1it1.nU:}~..('II"'----""""""'-'. .. COUNTY OF HAMILTON ) ) 55: ) STATE OF INDIANA Subscribed and sworn to before me, a Notary Public this ':<3d day of :ILl, j tj , 1997, personally appeared the within named ;fA'MGS ~. hA,ujstorU - as U.<.c.'- PR-e.5i{JM'l.f and .JDhAJ OK eJw,4,e/JS as ()\'(1.( PRt>"si Qt> .....t of Langston Development company, Inc., and acknowledged the execution of the foregoing docwnent. WITNESS my hand and official seal. 9. .J.- :J--? 1 :.,.... . \- My commission Expires: This instrument prepared by Michael A. Howard, Attorney at Law, 694 Logan street, P.O. Box 309, Noblesville, Indiana 46060, 773-4212. EXHTBTT A "P? ~"..~~.... DULY ENTERED FOR TAXATION Subject to final acceptance for transfer . // day of~t 20..Q.L ,.e~ ~ Audl!or Df Hamlllon County Parcel #. IIF -/(1- jy:..Q:- ()~ ~~.o:QO...) 200 1 0004219;~ Filed for Record in HP.NI L TON COUNTY I 1 NO H \i\ln ti\ARY L cuum 07~1t-2001 11:30 am. W DEED NC . 00 Tlus transaction exempt franl disclosure Reason No_ 3 ~@ WARRANTY DEED Hamilton County Parcel No. 16~lO-19-00-08-030.00 Document Cross Reference No. 9609620442 Tl-llS INDENTURE WITNESSETH, th~t George and Benita Loperena, (hereinafter referred to as "Grantors"), Convey and Warrant to the Board ofComrnissiol1crs of Hamil tOil County, Indiana, (hereinafter referred to as <<Grantee'') for and in consideration of One Dollar ($1.00) and all other valuable consideration, the receipt ofwhich is hereby acknowledged, the following described Real Estate in Hamilton COWlty in the State ofIndiana, to-wit: Lot NWllber 30 in Danbury Estates Section One, a subdivision in Hamilton County, Indiana, asperplat thereof, recorded June 30,1994 as Instrument No. 9429324 in the Office ofthe Recorder of Hamilton County, Indiana.. (hereinafter. referred to as <<the Real Estate"). Subject to real estate taxes.payable in November of2001 andthereafler. Subjectl() the Grantors' right to possession through August 1,200]. Subject to a mortgage in the original amount orOne Hundred Forty- eight Thousand Five Hundred Dollars ($148,500) in favor of Provident Funding Associates, LP., which has been assigned 1.0 Norwest Mortgage, Inc., a Cali[omia Corporation. PYRTRTT A P1 ill Wfl'NESS "\VH,EREOF, the undersigneds 11ave hereunto affixed their'names ~ud seals, this . i 0 Y-/r.- day of July, 2001. /~~~ . <;:ieorge4Soperen . $;~~-"-- ~~ .. i'~ . .c(.i., . . <-e--.--<.r-, / Benita Loperena - STATE OF lliDIANA . ) )SS: COUNTYOFHAMlLTON ) . '. . ~ Subscribed aIld sworn tobefore me, a Notary Public this ~ day of Q~' 2001, personallY appeared the within named George and.Benita Loperena, and 'acknowledged the execution of the foregoing docwnen.t. WITNESS Iny hand and. official seaL mfl~JjAi~, ~ Not PublIc, Residing in 7f1a./1.,(;.v~ County, IN My COIruwssion Expires: ,- MlQ--IEi:l.E..B PEPER. . . NmAKY~C5TATEOF}ND1ANA . .... MAK1UN L()lJN'n . . MY.cOM~~1e~E"+,. :)Pt(-I.\20f)9 This iustrument prepared .by ~ic:hacl A. Howanl, Attonu';y at Law, 694 Logan Slrcel, NoblesviUc, Indiaua 46060, 77]-4212. EXHIBIT A P.4 ~.. - :~ i;im..- -:1 DESCRIPTION FOR VACATION OF A PORTION OF DANBURY ESTATES, SECTION 1 A part of Lots 24 through 31. Md a part of Dll1"hm:n.'Drive, all in DBnb\.11Y Esta1e5, Section I, an addition located in the North Ealfoftho Northwest Quarter of Section 19. Township HI north, ro.nge 4 east, Clay Towoship, Hanu1ton County, Indiana. tho plat of which. i!i' recorded as Ill5truJ:nent No- 9429324 in tbe Office of fue RGoorder ofsaid county, and bemg more particula1'1y descnocd as follows: 'BEGINNING attb.e southwes[ cornell' ofaaid Lot 26; thence North 00 degrees 56 minutes 44 seconds West 381.10 feet along th~ weSt lines ofLolll 26, 27.28, and 29 ofsnid addition to Ihe n.orthwe\lt comet of sa.id l.ot 29; thence Ncrtl1 ~9 degrees 03 minute!! 16 seconds Eas~ 312.53 feet alons north fules. of Lots 29, 3D. 31. an.d 32 to the northeast comBE' of said Lot 32; thence South 18 degree; 5& miu:u.tes 17 seconds East 195.61 feet along the easte:rly 1ineof said Lot 32 to the southeast comer of &aid Lot 32; thence along the south line ohaid Lot 32 Southwesterly 75.34 feet along an ere to the right having atadius of 275.00 feet and !;ubtended by a long ~ho:rd having a bEaring of South &1 degree;g 12 minutes 34 seconds West and a length of75.1 0 fcet~ thence South 89 degrees 03 minutes t 5 seoonds West. 18.94 feet along said south line; thenee SO'\ltb. 02 degree:; 26 :rninlltes 47 s~ond$ East 50.02 feet to '\he north line of Lot 24~ ilienc~ North 89 degreeS 03 minutes 16 sooouds East 17.64 feet along sa.Id north line; thence ;;lJong said north line Norlheasredy 17.34 feet along an arc to the left having a radius of 325.00 feet and subtended by El loIlg chord having l\ be~g of North 81 degrees 32 minutes 02 seconds Ea.;;t mid a length ot 17.34 feet to the nOl'1hea.';;t comcrofsaid Lot ;24; thence South. 00 degrees 56 minutes 44 seconds East 13:5.90 feet along rhe east line of said 1.Qt 24 to tho southeast corner of said Lot 24; thence South 89 degn:~ 03 minutes l G seconds West 316_00 feet a.long the soutb.lil1es of Lots. 24. 25 and 26 to tbt:: Point of Begi:nning and containing. 2.730 acre:!, more or les$. ~ ~) 7,. 2.9<,<- #29300014, State offndiana Date' . lIIlllQII7J~ .~ e~~f?9!!"~~ ~~..~."G.\S'rS'~~..~ .~ 1!ti'~ 'b\~~ !:; :""0 . i1.rO to ~...s :::i :c: II' .' Jl,1I3 I -. u...t::=. ~ 1.U i LS 293000145 O~ % ~ ':. STATe: OF : .*:z~ ~,~.... : .~ ~. ..~ /, lj>-'c i!i! -~~<~ '~.~e.'b~.'" oCJ-;o I JttD Sll p.\l~-.\; .>1>~ ~.q,' '" i'i:o~ ~lIlllW1.Ull~"'\\\~ EXHIBIT B = 9376.0 m'z (100944 ftZ) (PLAT) -0-, = ,9378.0 m2 . (100944 n') (PLAT), , T1.IIS PLAT WAS PREPARED FROM INFORMATION: OBTAINED FROM THE RECORDER'S OFFICE AND OlliER SOURCES WHICH WERE NOT NECESSARILY CHECKE,D BY A FIELD SURVEY. TOTAL AREA EXISTING H!W NET TOTAL AREA, = 26 ES '8~ =532.3 mZ(5730 m2) R/W PAR. NO. 4A Co ..- -..::\' m '50.33' CENTER LINE STATION IS IN METRIC SCALE. R!W PAR. NO. 48 29 RES -C. = 4609.9 m2( 49620fL 2) , ........ ....... , "- '-.(-sro "'" -1"tf' ""'- " ......... , '.,' ....... ....... o OJ r-- t<) .- 28 10.3.27' --- --------:------ try ,~ -<t r- 27 :;:: 1.35.77' -- - - .--"- -.;....- - ~.- 7.03' LLI 'Z: ..-l R W' 'PAR. NO.4 .- o ..n o '..n , , 1'"'-' 135.77' 97.45' ~\\\\\ \ \ \I!1lIl' II /JIII/ll ~~ ' R 7111. # '\..,:...... .~~It. ~ ~ O~ ,"~r.\"..r!l~t...-1"'F: ~ ~Q /~ 0.... 0 ~ gg Q: / -.4 \J1 ~ ~o=~ ":.o~ 10~No. 50489 ~z I .:;::: :::: ~ ~ ~ '. STATE OF. ~ ~ (" .' ~ ~Z1D"!i;~:~~~o~# 'Iliff. Vr'\. ~~~ 7/1J 11/llIm nl\\\\\\\'\ 3-05-01 RFV, PAR. NO. 4. & 4.A. [-J I Given under my hand a~d seal~}.v~f\\ 5, WC) \ ' l1~6t G1k,-vt~em ) ;- > 'i' , Gordon L. Richordson, LS. . Registered land Surveyor, No., 50489 J EXHIBIT C ' .. ./>" /" ( CARMEL/CLAY PLAN COMWSSION Carmel, Indiana PLAT VACATION FINDINGS OF FACT Docket No.: 11-02 PV Petitioner: . Hamilton County Part of Plat to be Vacated: Lots 24,25.26.27.28.29.30.31.32 ("the Lots") - of the Danbury Estates Subdivision Under Indiana Code 36-7-3-11, the Plan Commission shall approve the Petition for Vacation of part of the plat only upon a finding that: ., Conditions in the platted Lots have changed so as to ~he original purpose of the Lots in the plat which the Petitioners seek to vacateV lit It is in the public interest to vacate the Lots within the plat. . The value of that partof the land in the plat not owned by the Petitioner will not be diminished by vacation. Based on all the evidence presented by the Petitioner, we find the above facts to be true and approve of the requested plat vacation, including vacation of covenants for the Lots, in Danbury Estates Subdivision as recorded in Instrument No. 9429324 in plat cabinet No.1, slide 435, in the Office of the Hamilton County Recorder . We hereby disapprove of the plat vacation request for the following reasons: 1. 2. 3. Dated this _ day of ,2002. Carmel/Clay Plan Commission By: Marilyn Anderson, President ATTEST: Ramona Hancock, Secretary STATE OF INDIANA ) COUNTY OF HAMILTON ) )S8: Subscribed and sworn to before me, a Notary Public, this _ day of ,2002, personally appeared the within named Marilyn Anderson, as President and Ramona Hancock, as Secretary ofthe Carmel/Clay Plan Conunission afthe City of Carmel, and acknowledged the execution ofthe foregoing document. WITNESS my hand and official seal. , Notary Public Residing in Hamilton County, Indiana My Commission Expires: u u One Civic Square Carmel, IN 4E032 (317)571-:2417 Fax: (317) 571~242S ~ \./-,~ ~..........". !exl ')f)(,.. ~~(oo, Frotrt: ~w..~ /S ~-,~bd- f:i:\ges~ Phone:: Date: ~e: f'{\~~.~ ~ ~",",~.lh ~ett CC~. . . Cl Urgel1t D For RevieW tI Ple:l,Se COtl1U1snt 0 Please Reply Cl Please ~J!eycle ~~~~~ A~'"\'7'"- · . . 1...\~ . \ ~ ~O.;L \>~ - ~ ~l'.~ b. "'"l-~-..