HomeMy WebLinkAboutD-1919-08 Vacate ROWDULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
2n daday of , 20 ???
? Qld.l)I I )(?u?t lwtlitor d Hamilta County
Parcel
SPONSOR(S): Councilor(s) Sharp and Carter
ORDINANCE D-1919-08
AN.ORDINANCE,OF THE COMMON COUNCIL OF THE CITY
OF. CARMEL, INDIANA, TO VACATE A PORTION. OF THE.ALLEYS
A&PLATTED IN SIMEON'HAWKINS ADDITION TO CARMEL
WHEREAS,:the City of Carmel Redevelopment Commission has.filed a'petition
thata portion ofsaid alleys irrthe City of Carmel, Hamilton-County,. Indiana be vacated,
pursuant to l.C., 36-7-3-12;
WHEREAS, the portion of the public right of way to be vacated is described as
follows:
See Attached Exhibit "A"
as more' particularlydepicted on Exhibit "B" hereto;
WHEREAS,.City of Carmel Redevelopment Commission and VFW Post #10003
constitute all of the owners4i fee simple or leasehold interest in and to the real estate that
abutsaid alleys, as more particularlydescribed'in Exhibit "'A" hereto respectively;
WHEREAS, the subject, properties surrounding the alleys,to be vacated have
been rezoned to "C2" and are therefore subject.to the oversight of the Director of
Department of Community Services;.'and
WHEREAS, the:City.of Carmel Redevelopment Commission:will coordinate
with a developer:to reddgelop the area surrounding the all-eys.to be vacated and'said
redevelopment will not require said alleys.
'NOW; THEREFORE, BE. IT ORDAINED by the Common Council of the City
of Carmel, Indiana, that the above described alleys be, and`hereby are vacated, and
ownership thereof shall revert: to the adjoining Ownes,and successors, assigns, and
grantees.
PASSED by the,Common Council of the City of Carrhel„lndiana, this AS' day
of rrv>Qre.1 2008i bya vote of 5 ayes and I nays.
2009001989 ORDINANCE $26c00
01/20/ ,'A09 11:26117A8 PGS
Jenn'i'fer ? Hayden
HAMILTON Coiunt.y Recorder IN
Recorded as i-,esented
COMMON COUNCIL FOR THE CITY OF CARMEL
N aT Z'Z7P2?EA-j T
siding Officer Joseph C. Griffiths
Richa d L. Sh rp, esident Pro Tempore
p Pfloss'tJ
John V. Accetturo
ATTEST:
Cordray, IAMC,
Kevin Rider
W. Eric Seide sticker
Presented by me to the Mayor of the City of Carmel, Indiana this IS day of
?.e_ea?rr.9reh 2008; at 9: 3o
Diana L. Cordray, IAMC, Clerk-Tre s rer
Approved by me, Mayor of the City of Carmel, Indiana, this 16* day of
,A xpc-& ? 2008, at q:ao M.
A
Diana L. Cordray, IAMC,
Prepared by: Trent E. Newport, P.E\
Crossroad Engineers, P
3417 Sherman Drive
L"t, 1
(Xnes Brainard, Mayor
Beech Grove, IN 46107
The Petitioners, City of Carmel Redevelopment Commission and VFW Post
410003, do hereby respectfully petition the Common Council of the City of
Carmel, Indiana, for vacation of public alleys, one running from Main Street to 1 s`
Street NW and the second running from I" Avenue NW to 2"d Ave NW, both
located in the former Simeon Hawkins Addition to Bethlehem. The public alleys
are located entirely within the corporate boundaries of the City of Carmel,
Indiana.
2. The Public Way constitutes of two alleys that are generally bordered to the north
and east by 1$1 Avenue NW, to the south by Main Street; and to the west by 2"d
Avenue NW.
3. The Public Way sought to be vacated is a cross-shaped tract of ground consisting
of approximately 0.14 acres (6,207.6 square feet), as shown in Exhibit B and
described in Exhibit A attached hereto and incorporated herein by this reference.
4. The Petitioners need the Public Way vacated to redevelop the subject properties,
which have been rezoned to "C2". The redevelopment will not require the public
alleys.
5. The.Petitioners are the fee simple title owners of the Simeon Hawkins Addition
that are contiguous to the Public Way sought to be vacated.
6. No individual, other than the Petitioners, owns property that abuts the Public
Way.
7. The Petitioners represent as follows:.
A. The Public Way sought to be vacated will not hinder the growth of orderly
development of Carmel, nor of the neighborhoods contiguous to or in
which the Public Way is located.
B. The vacation of the Public Way will not leave any adjoining or interested
property owner(s) without access to their real estate by means of public
way or street nor make such difficult or inconvenient.
C. The vacation of the Public Way will not hinder the public's access to any
church, school, or other public building of place.
D. The vacation of the Public Way will not hinder the use of the Public Way
by any neighborhood in which it is located or to,which it is contiguous.
'WHEREFORE.,the,Petilioner respectfully requests the vacation of the-above described
Public Way:
State of Indiana )
ass:
County of Hamilton )
Carmel Redevel' enfcommission
Sign'. re
zts 5, OLO1
Printed Name
/0 2? a
Date
Le Heforeme, a Notary Public in,a.for said County and State, personally appeafed
Le I 3,0(;4s -„and acknowledged ihe,execution of the, foregoing "Petition to
Vacate" as his/her -vol ntary act and deed.
WITNESS my-hand and Notorial Seal this' d w day of Oc.i-eber , 2001'.
'Notary Public
k,,J,lce-
(Printed:Signature)
My Commission Expires:
Ncvemb« 5,,,aaI(.
My County of Resisdence:
'••:s. '+? SHERRY S. MIELKE
-
a-.,cnn,.•: Hamilton Cnunry.
? MyCommIs on Expires
+
„,v November 5, 2016
WHEREFORE, th_ e Petitioner "respectfully"requests the vacation of the above described
Public Way,.
fe
State of Indiana
)SS:
Courity of Hamilton )
Before me,,a Notary..PubiicIn:a for said County-and State; personally; appeared
(YlelLxA l 4gku and acknowledged it e,execution oi,the,foregomg "Petition to
Vacate" as his/her voluntay act and,deedl.
WITNESS my hand and Notorial Sea] thi's _(Stay of OLkuLe, , 2047.
Notary Pub t&
?' nerr S. H:,LAlt.c.
(Print'ed' Signature)
My.-Commission Expires:
(Uj,jP mi tz t;"moo ! i,
My?ounty of Resisdencet.
,SHERRY--S:MlECKE
ELK
HamIon {3Unty
NfpCOmmisvonExpir"es
`__ Novemhar.5,
1il.affirm,•under the penalties for perjury, thati Have taken: reasonable'care to redact,each.
Social Security number: in tlis;docuuient unless required by law"
V.FW Post 016003
.7D
. v i C"V4/"U
Si 6 ature
ALLEY VACATION
EXH B T 'A'
PART OF MON RAMS ADDITION TO BETI&E M NOW CAME" AN ADDIT 0q IN HAMTON COUNTY, BiDIANA, AS PER PUT
THEREOF, RECORDED IN DEED RECORD $0, PAGE 44% N THE OFFICE OF THE RECORDER OF HAILTON COUNTY, DIDIANA, more
particularly described as follows:
The East-West alley, 10 feet in width, going from the East right-of-way line of 2nd Avenue NW to the West right-of-woy line
of tsl Avenue NW, said Alley being adjacent to Lots 4, 5, 6, 7, 8 and 9 In said Simeon Hawkins Addition.
ALSO,
PART OF SIMON HAWK618 ADDIITM TO BETIO,EIEN NOW CARNELI, AN ADDITION N HARETON COUNTY, NDUINA, AS PER PUT
THEREOF, RECORDED N DEED RECORD 80, PAGE 44t, N THE OFFICE OF THE RECORDER OF HAISLTON COUNTY, NDIANA, more
particularly described as follows
The North-South alley, 10 feet In width, going from the North right-of-woy line of Main Street to the South right-of-way line
of 1st Street NW, said Alley being adjacent to Lots 5, 6, 8, 9, 13 and 14 in said Simeon Hawkins Addition.
ALSO,
PART OF NSTRUIB?RT MMER 200500HOOOTI
BEND PART OF SIIEON HAW= ADDITION TO BE_ RLEHEH NOW CARIEL, AN ADNTION N HAMTON COUNTY, NMU, AS PER
PUT THEREOF, RECORDED N DEED RECORD $0, PAGE 441, N THE MICE OF THE RECORDER OF HAIMTON COUNTY, BBS111AAIM
more particularly described as follows:
SEGDNNO at the Southwest Comer of Lot 8 In said Subdivision; Thence lost on the South Line of said Lot 8 a distance of
41.90 feet; Thence North parallel to the West Line of said Lot B a distance of 4.00 feet; Thence West parallel to the South line
of said Lot 8 a distance of 41.9 feet to the West. Line of said Lot 8; Thence South on said West Line to the PUCE OF
Kama.
I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that the above description was
prepared by me, or under my direct supervision, on July 28, 2008 from the Simeon Hawkins Addition to Bethlehem Plat, found in
the Office of the Recorder of Hamilton County, Indiana as Deed Record 30, Page 441.
E. Mr
1Q g15TERF0 0??.
PREPARED BY: No. 29600021
STATE OF TRENT E. NEWPORT
4k- INDIANA LAND SURVEYOR
! INDIANA ca
qNn 0\1 NO. LS 29600021
nusawn mu ..w 0.0 ro.m
ALLEY VACATION,
SIMEON HAWKINS' AO_DITION TO
DETHLEHFM (NOW CAR'MEL)
EXHIBIT 'B'
50
AIM TM ?/^sy??y 0 50 100
SCALE; 3" _ :50'
1ST ST. NW
--
? LOT 14 i LOT 13
I T ?
LE T_29 ; LQT S
Z 165' 165' z
825' 825' 825' r 825'
l
LOT 7 g y
?.Y I LQLI
AL I l?QL1L ° ,rc r
P?
I ?? I
EX R?
L825' 825' 825' 825'
I
- ? - - - MAIN S1R€ET - - -
City of Carmel, Board of Public Works and Safety:
Approved on thi? day of 20
Mavo James Brainard
r ILAL411
Member ary Ann Burke
Mel ri Watson
ATTE T:
/? (/ andre R Johnson,
Diana L. Cordray, erk Treasurer eputyOerkfor
July 31, 2008
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: PUBLIC ALLEY VACATION
Dear Board,Members:
Mr. Trent Newport of CrossRoad Engineers, representing the Carmel Redevelopment Commission (CRC)
and the Keystone Development Company, has requested the Board provide a favorable
recommendation to the City Council for the vacation of public alleyways: One alley runs from Main
Street to 1n Street NW and the second runs from 1S9 Avenue NW to 2nd Avenue NW. Both alleys are
located in the former Simeon Hawkins Addition to Bethlehem (now known as Carmel).
The vacation of these alleyways is associated with the future Carmel Redevelopment Commission (CRC)
project to construct mixed use development contained within the entire above stated block. Proposed
construction consists of a four story complex above ground With two levels below grade for parking.
This project will not require public alleyways Within its boundaries. Keystone Development Company
obtained approval from the CRC on June 16, 2008 to begin the design to redevelop this block.
We have reviewed the legal descriptions and exhibits provided.in support of the Petition to Vacate
Public Alleyways which the Board will consider atthe August.20, 2008 meeting. Per the current City
procedure for vacating public right-of-way, the Department of Engineering is responsible for reviewing
the legal descriptions and exhibits provided for the vacation. Based upon the information provided to
the Department of Engineering, the legal descriptions and exhibits appear to accurately describe and
depict the public right of way to be vacated.
Sincerely,
Michael T. McBride, P.E.
City Engineer
Enclosures
\\aons2\user data\eng\shared\DHIINBPWOS\PETfrIONTOVACATECRCKEYSTONE DEVEIAPMENT.DOC
IDEPAIUMENT OF ENC IVIMCNG
ONE CIVIC SQUARE. CARMEL, IN 46032 Oettec 317571.2441 Eaz 317 571,2439
ESwL engineeringWilrinel-M F,111'
JAN\il;s Bi(AINARD, MAYOR
ALkgust 11, 2008
Ms:. Diana. Cordary; Clerk"-T easurler
City.of Carmel'
One;Qvic, Square
Cartel, IN-46032
Dear Ms..Cordraym-
The Carmel Redevelopment. Commission and the Keystone Development
Company are requesting a vacation of public alleys 'as pari of-the redevelopment of the
adjoining land, ?Oich will not require. the alleys., Please 'find enclosed 'a petition to
Vncate,;a proposed Ordiance to Vacate Property, as well,as a`letter to the,Board,of Public,
Works.and'Safety`from the-Cify Engineer addressing this proposed vacation ofalleys. As
a representative for the Carmel-Redevelopment Commission, it is my intention to present
this 'matte'r to thc, City- Council for action: in the Form of adoption. of the attached
Ordinance. We would.appreciate the first available =date for a public hearing before the
Council. Thank you; fonyour•atte6tion and feel Free to-contacl meat (3-17)'780-1555 ext,
1 14 or tnewoort0ecrossroadengineers.com..
.Sincerely,
CrossRoad Engineers, P.C.
Trent E. Newport,:P.E., L.S.
Vice-president