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Home My WebLink AboutD-1925-09 Vacate ROW/Grand Blvd.DULY ENTERED FOR TAXATION Sg ct to final acceptance for-transfer R-0 day of? 20 Oct )WY I AAudtxof HaNbn Cm* Parcel # 2009001988,0RDINANCE $23.00 01/2072009 11-28:170 T PGS Jennifer.J Hayden HA%ILTON'County Recorder IN Recorded,'as Presented SPONSOR: Councilor Kevin Rider ORDINANCE D-I925-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 6kRMEL,, INDIANA,ztO'VACATE.A PORTION OF THE" RIGHT OF WAY OF GRAND BOULEVARD WHEREAS, St. Christopher's.Episcopal Church has,filed a Petition to Vacate-Right of Way in,the City of Carmel, Hamilton County,'Indiana,pu suaht to I.C. 36-7.-3-12; WLIERAS, the.portion of the,public right of waylo be vacated is desciibed'as follows: See Attached Exhibit.`'A" As more particularly depicted on.Exhibit,"B" hereto; WHEREAS, Brotvn tig Real Estate Properties, Inc.,.Andrew Leonard.and Jeffrey L. Beck constitute all of the owners.in fee simple or leasehold interest in and to the real estate that abut said right of way, as.more particularly described.in Exhibit A: hereto. respectively; WHEREAS, the.plans.for Grand Boulevard have ,changed and'the city no7onger needs the right of way to be•vacated. Thd:righYof way to be. vacated is to be utilize d.by Browning Real Estate Properties, Inc. in the development of the'parcel to thenorth of St. Christopher's Episcopal Church. NOW THEREFORE, BE IT. ORDAINED by the. Common. Council of:the:Cityof Carmel, Indiana, that the above described right of way.be, and herebyis vacated and ownership thereofshall revert_to.St..Christopher's.=Episcopat,Chureh it's successors; assigns and grantees. PASSED by the Comrrioh Council, of the Cityof Carmel; Indiana this S day of ?+ 2008, by a vote of J'-ayes and '6 nays. COMMON COUN I. FOR 0 Pr dingQOfficer W. Eric Sei dstic er, Pr' .d'ent Pro Tempore ?u Joh . Accetturo onald E. Carter A EST: Diana L. Cordray, IAMC, Cl reasurer R THE CITY OF CARMEL 0 osep riffiths evin Rider Richard L. Sharp u Aydcr Presented by me to the Mayor of the City of Carmel, Indiana this J day of 2009,. at 7: 1 S ?.M. - Diana L. Cordray, IAMC, Cler -T easurer Approved by me, Mayor of the City of Carmel, 2009, at '1: IS P.M. ATTEST: Diana L. Cordray, JANIC, Clerk- r asurer Brainard, Mayor Prepared by Jeffrey 0. Meunier, attorney 320 S. Rangeline Rd., Carmel, IN 46032 Indiana, this 5+1-?ay of PETITION FOR VACATION OF RIGHT OF WAY Petitioner, St. Christopher's Episcopal Church hereby respectfully petitions the Common Council for the City of Carmel, Indiana for vacation of a right of way along the proposed extension of Grand Boulevard.. The right of way is located entirely within the corporate boundaries of the City of Carmel, Indiana. 2. Attached hereto is the plat and legal description describing the property to be vacated. 3. The circumstances behind the request are as follows: When St. Christopher's began our building permit process for phase I of our Church construction project with the city, we conveyed the land for Grand Boulevard to the city. The conveyed land went from 131 ststreet north by about 625 ft to our established north property line. The land north of that property line was the land that we would sell. When the buyer,. Browning, of that land put our acreage under contract he wanted to buy a full 17 acres and he was coming up short due to some right-of-way issue along 131 st street so the Church moved it's north property line south buy about 125 feet to get to the 17 acres. When we moved our north property lines south the area conveyed for Grand Boulevard obviously stayed in place so we had an area roughly '90' by 125' that Browning's survey picked up as having been conveyed to the city. Now that the plans for Grand Boulevard have changed the city doesn't need about half of the land north of our property line or about 62.5'X 90'. The request for vacation of the right of way of the unneeded ground is to be conveyed to the purchaser, Browning for their development. 4. The abutting land owners are: Browning Real Estate Properties, Inc 6100 W. 96`h St. Suite 250, Indianapolis, IN 46278 Andrew C. Leonard, 120 Sonna Dr. Carmel, IN 46032 Jeffery L. Beck, 124 Sonna Dr. Carmel, IN 46032 Petitioner represents as follows: a. The right of way sought to be vacated will not hinder the growth of orderly development of Carmel. b. The vacation of the right of way will_not,leave any adjoining.or interested. property owners without access to their real estate by means of public way or street or make such difficult. c. The vacation of the right of way will not hinder the public's access to any school, church or other public place. d. The vacation of the right of way will not hinder any use of the public way by any neighborhood in which it is located or contiguous. Sincerely, •'M%n;?ti JEFFERY O. MEUNIER : w?N.. •, Hamilton County My Commission Expires. Mav 24, 2013 jL\b..1 c..v.:l S... c',... Kevin Kamunacher, Senior Warden St. Christopher's Episcopal Church ba' .? z dq ` 1w y% rti d- L r. tti Jv.t.... (? t: ? 2vGJ l affirm under penalties of perjury, Z h ve taken reasonable care to redact each Social Security number in this document unless required by law. Jeffrey O. Meunier, attorney Cr pe ,q%iwll AEchttecb. Engliwm sm wo.blvo PIC JOB NO. 080006-00001 OCTOBER 21, 2008 SHEEP 2 OF 2 EXHIBIT GRAND BOULEVARD ® 131ST STREET & U.S. 31 N.W. CDR, S 1/2, N.E. 1/1 N 68'4707' SEC. 26. T.I8N, R E. MCMATED AT WIOfl7.NT 20.41' NDRRI UNE.. S. 1/2. N,E,I/1_SEC 26 _ _ I OA NEI I Nei YL STATE OF INDIANA S l ' ` O.B. 240. PACE 252 U . ?q L ?4,Dy@ LYNNE DRIVE LOT 35 M I ?,°,? ?Y CLOT 34 §§_ $ ? g m Z LOT 33 N x 9 MEWONN 131, LLC LOT 32 m ' ' N i N 89'50 {9 E LOT 31 90.00' i LOT 30 0 $ I 0.125 AcA n S BYSW49• 9000' 3 z 131ST ST. PRDPOSED MIT OF WAY 131ST STREET -SW. COR., RE. 114, SEC. 26. TJBN, R3E 5/8' FEW FOUND LOT LOT 29 Id$ 1?3 I,.t E AIT OF WAY ]0060182 UNE, N.E 1/4. SEC. 26 Ip\?I I W 0 100 200 400 so 150 SCALE:. 1'=200' 3939 PRIORITY WAY SOUTH DRIVE. SUITE 400 INDIANAPOIUS, INDIANA 46240 (3171844-6777 FAX (317) 706.6464 E-Mail Gripe®cnpe.b¢ • ARCKSECTUK • EOI'.ENI gANnNG • p:1E+pv DE • CM ENGINEERNG 6 LAND RANMNG • LAND SUi EY1NG• GL5 0 OWNER S REPFESENIATI N Cr°pe Anhta -Enyln rm..tyE>•?,a Iw EXHIBIT PIC JOB NO. 080006-00001 OCTOBER 21, 2008 SHEET 1 OF 2 GRAND BOULEVARD Q 131ST STREET & U.S. 31 Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the West line of said Northeast Quarter 712.90 feet to the Southern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST-F-222(9) and a non-tangent curve to the right having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 02 minutes 47 seconds East (the following two courses are along said Southern Limited Access Right of Way); 1) thence Northeasterly. along said curve 1039.68 feet to a point which bears North 19 degrees 17 minutes 56 seconds West from said radius point; 2) thence North 70 degrees 42 minutes 04 seconds East 169.34 feet to the North line of the South Half of said Northeast Quarter; thence North 88 degrees 47 minutes 07 seconds East along said North line 20.41 feet to the West line of North Meridian Heights - Section Two, recorded in Plat Book 2, Page 209 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 09 minutes 11 seconds East along said West line and parallel with the West line of said Northeast Quarter 627.66 feet to the POINT OF BEGINNING; thence continuing South 00 degrees 09 minutes 11 seconds East along said West line 60.64 feet; thence South 89 degrees 50 minutes 49 seconds West perpendicular to the last described line 90.00 feet; thence North 00 degrees 09 minutes 11 seconds West 60.64 feet; thence North 89 degrees 50 minutes 49 seconds East- 90.00 feet to the POINT OF BEGINNING, containing 0.125 acres, more or less. Subject to all legal easements, rights of way, and restrictions of record. 3939 PRIORITY WAY SOUTH DRIVE. SUITE 400 INDIANAPOLIS. INDIANA 46240 (317) 844-6777 FAX (317) 7066464 E-Mail tripe®cripe.biz • nPCWIF[NPE • EONPmEM PIANNWG • WIEMg OMGN • 0rv ENGNJFE4 G • UNOR..G • In NO SUNFING• GO • O .RS REPRF NIATCN Board of Public Works and Safety: Mayor James Brainard Board M ber Mary Ann Burke /pIn Board Meinber Lori Watson : c. Zt. + p t, E1,, , l< QC b'?I??0 ?E CITY` O AARMEL November 21, 2008 JANIFS BRAINAI2D, NL"'Olt Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: PUBLIC RIGHT OF WAY VACATION Dear Board Members: Mr. Jeffrey 0. Meunier, Attorney at Law, representing St. Christopher's Episcopal Church, 1410 West Main Street, has requested the Board of Public Works.and Safety provide.a favorable recommendation to the Carmel City Council for the vacation of public right-of-way. Specifically, the request is to vacate a 0.125 acre parcel which is 60.64' long by 90.0' wide. This parcel is located at the northernmost terminus of right-of-way previously dedicated to the City by St. Christopher's as a development requirement of their new facility. This dedication was originally intended to accommodate the future extension of the City's Grand Boulevard road project. At the request of the church, we have reviewed the Church's request to vacate this 0.125 acre parcel of public right-of-way to facilitate the development of their property and the property adjacent to their development. We will support their request. This vacation will not adversely affect the City's ability to utilize the remainder of the dedicated right-of-way. We have reviewed the legal descriptions and exhibits, provided in support of the Petition to Vacate Public Right-of-Way which the Petitioner will present to the Board of Public Works and Safety. 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 \\aPPSAUser data\eng\shared\DHill\BPWCB\PETITIONTOVACATESTCHRISTOPHERGRANOBIVD.DOC Diatv,l:+o-:?r or F.?clxr.hla?c ONE Clcu:.Spcaw:. CAwuv., IN 46032 Or'Pn:r 317.571.2vi1 P:x\ 317.571 2439 EMAIL rnpinccriq¢?cumrl.in. e