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HomeMy WebLinkAboutD-2116-12 VAC 116th Street and Illinois StreetSPONSOR: Councilor Rider ORDINANCE D- 2116 -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, TO VACATE RIGHT OF WAY WHEREAS, JEC Partnership, L.P. has filed a Petition to Vacate Right of Way in the City of Carmel (the "City "), Hamilton County, Indiana pursuant to IC 36- 7 -3 -12; WHEREAS, the portion of the public right of way to be vacated (i) is legally described in what is attached hereto and incorporated herein by reference as Exhibit "A" and (ii) is graphically depicted in what is attached hereto and incorporated herein by reference as Exhibit "B" (the "Subject Segment "); WHEREAS, JEC Partnership, L.P. is the sole fee simple owner of the real estate that abuts the Subject Segment; WHEREAS, the plans for 116th Street and Illinois Street have changed, the City no longer needs the Subject Segment, and the Subject Segment will be utilized by JEC Partnership, L.P. in the development of the parcel to the south and west of the Subject Segment. NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that the Subject Segment be and hereby is vacated and ownership thereof shall and hereby does revert to JEC Partnership, L.P. and its successors, assigns and grantees. ADOPTED by the Common Council of the City of Carmel, Indiana, this 1/ day of , 2012, by a vote of S ayes and 6 nays. 2013001132 ORDINANCE $40.00 01/07/2013 10:46:28A 15 PGS Mary Recorder IN HAMILTON County Recorded as Presented iIIIIIIIIIIIi II IIIIIIIIIIIIIIIIiIIIIII IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIi 1 COUNCIL FOR THE CITY OF CARMEL N ©T PR. -CS(.r N Kevin D. Rider Carol Schleif Presiding Richard L. Sharp, President Pro Tempore NOT PI&SEN7- Ronald E. Carter W. Eri, Seidenstic er �l Sue yder t F. kam — Luci . der > ATTEST: Diana L. Cordray, IAMC, ClerV- reasurer Presented by me to the Mayor of the City of Carmel, Indiana, this IS day of ,2012atiO: 12 O'clock, A.M. Diana L. Cordray, IAMC, Clerk -1U easurer Approved by me, the Mayor of the City of Carmel, Indiana, this (S day of lJs,^cvA r eh , 2012 at V. a3 O'clock, 2.M ATTEST: Diana L. Cordray, IAMC, 1-rk- Treasurer es Brat : d, Mayor This Instrument prepared by and return to: Charles D. Frankenberger, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 3105 East 98th Street, Suite 170, Indianapolis, IN 46280. I affirm under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Charles D. Frankenberger 2 Exhibit "A" (Legal Description) AREA No. 1 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: COMMENCING at the northwest corner of said Northwest of said Quarter Section; thence North 89 degrees 17 minutes 34 seconds East (assumed basis of bearings) along the north line of said Northwest Quarter 117.22 feet to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, being the northwest corner of "Parcel 2" as described in Instrument Number 200200026462 on file in the Office of the Hamilton County Recorder, the following two (2) courses being along the boundary of Parcel 2; 1) thence North East 88 degrees 32 minutes 44 seconds West 683.78 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 155.44 feet to the southeast corner of "Parcel 2 ", being the northeast corner of "Parcel 2A" as described in Instrument Number 200200026462 on file in the Office of said Recorder, the following four (4) courses being along the boundary of Parcel 2A; 1) thence continuing South 00 degrees 11 minutes 31 seconds East 777.00 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 110.81 feet 3) thence continuing South 89 degrees 48 minutes 26 seconds West 19.19 feet; 4) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the northwest corner of Parcel 2A, being a south corner of Parcel 2, the following five (5) courses being along the southern boundary of Parcel 2; 1) thence North 40 degrees 49 minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 seconds West 200.00 feet to the POINT OF BEGINNING: 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83 degrees 34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03 seconds West 142.34 feet; thence North 43 degrees 07 minutes 24 seconds East 51.64 feet; thence along a curve to the right having a radius of 30.63 feet, the chord of which bears North 52 degrees 46 minutes 18 seconds East 10.39 feet; thence North 68 degrees 19 minutes 47 seconds East 77.36 feet; thence North 88 degrees 53 minutes 43 seconds East 131.45 feet to the POINT OF BEGINNING, containing 0.109 acres more or less. AREA No. 2 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: COMMENCING at the northwest corner of said Northwest of said Quarter Section; thence North 89 degrees 17 minutes 34 seconds East (assumed basis of bearings) along the north line of said Northwest Quarter 117.22 feet to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, being the northwest corner of "Parcel 2" as described in Instrument Number 200200026462 on file in the Office of the Hamilton County Recorder, the following two (2) courses being along the boundary of Parcel 2; 1) thence North East 88 degrees 32 minutes 44 seconds West 683.78 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 155.44 feet to the southeast corner of "Parcel 2 ", being the northeast corner of "Parcel 2A" as described in Instrument Number 3 200200026462 on file in the Office of said Recorder, the following four (4) courses being along the boundary of Parcel 2A; 1) thence continuing South 00 degrees 11 minutes 31 seconds East 777.00 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 110.81 feet to the POINT OF BEGINNING; 3) thence continuing South 89 degrees 48 minutes 26 seconds West 19.19 feet; 4) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the northwest corner of Parcel 2A, being a south corner of Parcel 2; thence North 40 degrees 49 minutes 35 seconds West 119.71 feet along the southern boundary of said Parcel 2; thence North 88 degrees 32 minutes 44 seconds East 10.48 feet; thence South 71 degrees 47 minutes 29 seconds East 35.43 feet; thence South 40 degrees 12 minutes 12 seconds East 39.89 feet; thence South 13 degrees 41 minutes 35 seconds East 117.24 feet; thence South 0 degrees 11 minutes 30 seconds East 88.10 feet; thence South 00 degrees 11 minutes 47 seconds East 624.24 feet to the POINT OF BEGINNING, containing 0.381 acres more or less. 4 SW COR, SW Y4 SEC. 35- 118N -R3E N8917'34 "E 117.22' i Exhibit "B" CITY OF CARMEL INST. #200500026462 PARCEL 2 N. LINE, NW 1/4, SEC. 2- T17N -R3E 116th STREET N88'32'44 "E — 683_78_ _ •._� — :_.. ..— L7 0 -J J SPRING M 0 75' 150' SCALE: 1" =150' L9 r - L10 ��' O — L11 c°n L3 P.O.B. Area 1 L2 AREA 1 0.109 Act N40'49'35 "W 119.71' AREA 2 0.381 Act N Line Table Line Table Line Bearing Distance Line Bearing Distance L1 S8812'44 "W 200.00' L10 S4012'12 "E 39.89' 1.2 S01171 6"E 10.00' L11 S13 41'35 "E 117.24' 1.3 S8314'39 "W 115.43' L12 S0011'30 "E 88.10' L4 S68'30'03 "W 142.34' L5 N43'07'24 "E 51.64' L6 Neal 9'47"E 77.36' L7 N88'53'43 "E 131.45' L8 N8832'44 -E 10.48' L9 S71'47'29 "E 35.43' Curve Table Curve # Length Radius CBRG Chord C1 10.44' 30.63' N52'46'18 "E 10.39' 5 S89'48'26 "W 19.19' ,p /1 0 / n0' 1 r /1_ ILLINOIS ST / P.O.B. Area 2 S00'11'31 "E - 777.00' S89'48'26 "W 110.81' 1 PETITION TO VACATE UNPLATTED PROPERTY LOCATED ENTIRELY WITHIN THE CORPORATE BOUNDARIES OF CARMEL, INDIANA 1. The Petitioner, JEC Partnership, L.P., an Indian limited partnership, does hereby respectfully petition the Common Council for the City of Carmel, Indiana for vacation of a part of the right of way along 116th Street and Illinois Street (the "Public Way "), which is located entirely within the corporate boundaries of the City of Carmel, Indiana. 2. The Public Way is contained within a parcel of land that is generally bordered to the north by 1 16th Street, to the east by Illinois Street, to the south by 11 1 th Street, and to the west by Springrill Road (the "Parcel "). 3. Within the parcel, the Public Way sought to be vacated is a strip of ground approximately 19 feet wide and approximately 1,140 feet long running in an east west and north south direction within the bounds of the Parcel as depicted in Exhibit "A ". 4. The Petitioners need the Public Way vacated to enable to development of commercial uses within the boundaries of the Parcel. When Improvements were made to 116th Street and Illinois Street for the construction of a round -a -bout, additional right -of -way was obtained that is not necessary to accommodate the constructed improvements. The property to be vacated is well situated to accommodate commercial development of the property to its south and west. The petitioner would like to incorporate the area to be developed into the site plan for the development of the real estate to the south and west, which will yield a greater return for the City of Carmel in terms of property taxes and improved aesthetics along 116th Street and Illinois Street in the vicinity of the area to be vacated. 5. The Parcel is more particularly described as follows: See Exhibit "B ". 6. The Public Way sought to be vacated is more particularly described as follows: Attached hereto is the legal description of the Public Way as Exhibit "C" and corresponding exhibit illustrating the Public Way as Exhibit "A ". 7. The Petitioner is the fee simple title owner of a lot that is not in a plat but that is contiguous to the Public Way sought to be vacated. 8. Certain other individuals also abut the Public Way, and such individuals will receive notice hereof pursuant to I.C. 36- 7 -3 -12. The names and addresses of these individuals are as follows: Suburban Land Reserve Inc PO BOX 511196 Salt Lake City, UT 84151 1 196 Fidelity Office Bldg II LP 11711 Pennsylvania St N Carmel, IN 46032 Clarian Health Partners Inc 340 10th St W Ste 2100 Indianapolis, IN 46202 Heartland Real Estate Holdings LLC 11540 Meridian St N Carmel, IN 46032 Billy Creek Assoc P 0 Box 280 Zionsville, IN 46077 9. The Petitioner represents as follows: Fidelity Office Building The 1 171 1 Pennsylvania St N Ste 200 Carmel, IN 46032 JEC Partnership II LLC 201 106th St W Indianapolis, IN 46290 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 owners without access to their real estate by means of a public way or street or make such access inconvenient or difficult. C. The vacation of the Public Way will not hinder the public's access to any church, school or other public place. D. The vacation of the Public Way will not hinder any use of the Public Way by any neighborhood in which it is located or to which it is contiguous. WHERFORE, the Petitioner prays for the vacation of the above - described Public Way. (Signature page follows) State of Indian County of JEC Partnership, L.P., an Indiana limited partnership. By: Pittman Management, LLC sole general partner ) SS: By: hn N. Pittman, authorized agent Before me, a Notary Public in and for said County and State, personally appeared John N. Pittman, authorized agent of Pittman Management, LLC, the sole general partner of JEC Partnership, L.P., an Indiana limited partnership, and acknowledged the execution of the foregoing "Petition to Vacate" as his voluntary act and deed. WITNESS m N lend Notarial Seal this ki/ V y of c,0 . A K. f,T%. C, US12I, Eio •• • • Q ! C: NOTARYSEAL 9 • _r. ' -'7 R /oN ' W- (Printed Signature) My Commission Exp qS (Z'40/7, My County of Residence: BOARD OF PUBLIC WORKS AND SAFETY CITY OF CARMEL /\[OT p/ sc - Mayor James Brainard — Presiding Officer Date Mtry Any Burke, Member Lori Watson. -tuber ATTEST: iana L. Cordray, clerk Treasurer a,4.-1�2.P. i� - cir+.lsn•� mac? �/ 3-12' Date Date / 2--- Date SW CDR, SW Y4 SEC, 35-418N -R3E N8917'34 "E 117.22'. Igti3 zg1 w z Z n Z N , ci W z w z 3 SPRING MILL ROAD Exhibit "A" CITY OF CARMEL INST. #200500026462 PARCEL 2 N. LINE, NW 1/4, SEC. 2- T17N -R3E 116th STREET N88'32 44"E -_ 683.78' L9 W 6 L7 I L10 ! u7 L3 P.0:8. Area 1 is o to 0 75' 150' SCALE: k..4 L2 AREA 1 0.109 Act N40'49'35 "W 119.71' AREA 2 0.381 Act Line Table Line Table Line Bearing Distance Line Bearing Distance L1 S88'32'44 "W 200.00' 110 S40'1212 "E 39.89' L2 S01'2710E 10.00' 111 S1311'35`E 117.24' L3 S8314'39 'W 115.43' L12 S0011'30'E 88.10' 14 S6810'03`W 142.34' L5 N43107'24 "E 51.64' L6 N6819'47'E 77.36' L7 N88•53'43 "E 131.45' L8 N8832'44 "E 10.48' L9 S71'47'29"E 35.43' Curve Table Curve B Length Radius CBRG Chord C1 10.44' 30.63' N52'46'18 "E 10.39' S89'48'26 "W 19.19' L11 N GIJ N on n1 q0ia. h. /I I. Z 1 CV N 01) co r O 0 it ILLINOIS ST P.O.B. Area 2 O 50011'31 °E - 777.00' 589'48'26 "W 110.81' Exhibit "B" (Parcel Legal Description) A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northwest Corner of the Northwest Quarter of Section 2, Township 17 North, Range 3 East; thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117.22 feet along the North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, to the point of beginning of the 70.174 acre tract of land described in the Quitclaim Deeds recorded as the following Instrument Numbers: 9127260 to 9127264, 9217780 to 9217784, 9413236 to 9413240 and 9555180 to 9555184 by the Recorder of Hamilton County, Indiana and to the point of beginning of the 1.690 acre tract of land (called Parcel 2) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder; thence South 13 degrees 00 minutes 48 seconds West 261.71 feet (measured 261.67 feet by deed) along the tenth course of the land description of said 1.690 acre tract of land (the North 13 degrees 01 minute 47 seconds East 261.67 foot long course) to its origin and to the Point Of Beginning of this description; thence South 13 degrees 00 minutes 48 seconds West 261.11 feet along the first course of the land description of said 70.174 acre tract of land (the South 12 degrees 59 minutes 10 seconds West 522.967 foot long course) to the West Line of said Northwest Quarter; thence South 00 degrees 03 minutes 30 seconds West 2,128.98 feet along the West Line of said Northwest Quarter to its Southwest Corner; thence North 88 degrees 57 minutes 32 seconds East 1,335.02 feet along the South Line of said Northwest Quarter to the Southeast Corner of the East Half of said Northwest Quarter; thence North 00 degrees 11 minutes 50 seconds East 995.35 feet along the East Line of the West Half of said Northwest Quarter to the origin of the fifth course of the land description of said 70.174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot long course), the following two (2) courses are along the boundary of said 70.174 acre tract of land; 1) thence South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11 minutes 31 seconds West 749.72 feet to a point called "324" in the land description of the 0.881 acre tract of land (called Parcel 2B) in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following five (5) courses are along the boundary of said 0.881 acre tract of land; 1) thence South 89 degrees 48 minutes 29 seconds West 120.01 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 3) thence South 89 degrees 48 minutes 29 seconds West 145.00 feet; 4) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 5) thence South 89 degrees 48 minutes 29 seconds West 174.99 feet to the Eastern boundary of the 2.319 acre tract of land (called point "319" in the Parcel 2A land description) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following three (3) courses are along the boundary of said 2.319 acre tract of land; 1) thence South 00 degrees 11 minutes 31 seconds East 22.28 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 130.00 feet; 3) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the terminus of the third course (the South 89 degrees 48 minutes 36 seconds West 130.01 foot long course) (called point "310" in the Parcel 2 and Parcel 2A land descriptions) of said 1.690 acre tract of land, the following seven (7) courses are along the boundary of said 1.690 acre tract of land; 1) thence North 40 degrees 49 minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 seconds West 200.00 feet; 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83 degrees 34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03 seconds West 163.77 feet; 6) thence South 14 degrees 17 minutes 21 seconds West 131.35 feet; 7) thence North 76 degrees 57 minutes 39 seconds West 36.50 feet (measured, 36.78 feet deeded) to the Point Of Beginning, containing 63.661 acres, more or less. Exhibit "C" (Public Way Legal Description) AREA No. 1 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: COMMENCING at the northwest corner of said Northwest of said Quarter Section; thence North 89 degrees 17 minutes 34 seconds East (assumed basis of bearings) along the north line of said Northwest Quarter 117.22 feet to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, being the northwest corner of "Parcel 2" as described in Instrument Number 200200026462 on file in the Office of the Hamilton County Recorder, the following two (2) courses being along the boundary of Parcel 2; 1) thence North East 88 degrees 32 minutes 44 seconds West 683.78 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 155.44 feet to the southeast corner of "Parcel 2 ", being the northeast corner of "Parcel 2A" as described in Instrument Number 200200026462 on file in the Office of said Recorder, the following four (4) courses being along the boundary of Parcel 2A; 1) thence continuing South 00 degrees 11 minutes 31 seconds East 777.00 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 110.81 feet 3) thence continuing South 89 degrees 48 minutes 26 seconds West 19.19 feet; 4) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the northwest corner of Parcel 2A, being a south corner of Parcel 2, the following five (5) courses being along the southern boundary of Parcel 2; 1) thence North 40 degrees 49 minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 seconds West 200.00 feet to the POINT OF BEGINNING: 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83 degrees 34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03 seconds West 142.34 feet; thence North 43 degrees 07 minutes 24 seconds East 51.64 feet; thence along a curve to the right having a radius of 30.63 feet, the chord of which bears North 52 degrees 46 minutes 18 seconds East 10.39 feet; thence North 68 degrees 19 minutes 47 seconds East 77.36 feet; thence North 88 degrees 53 minutes 43 seconds East 131.45 feet to the POINT OF BEGINNING, containing 0.109 acres more or less. AREA No. 2 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: COMMENCING at the northwest corner of said Northwest of said Quarter Section; thence North 89 degrees 17 minutes 34 seconds East (assumed basis of bearings) along the north line of said Northwest Quarter 117.22 feet to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, being the northwest corner of "Parcel 2" as described in Instrument Number 200200026462 on file in the Office of the Hamilton County Recorder, the following two (2) courses being along the boundary of Parcel 2; 1) thence North East 88 degrees 32 minutes 44 seconds West 683.78 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 155.44 feet to the southeast corner of "Parcel 2 ", being the northeast corner of "Parcel 2A" as described in Instrument Number 200200026462 on file in the Office of said Recorder, the following four (4) courses being along the boundary of Parcel 2A; 1) thence continuing South 00 degrees 11 minutes 31 seconds East 777.00 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 110.81 feet to the POINT OF BEGINNING; 3) thence continuing South 89 degrees 48 minutes 26 seconds West 19.19 feet; 4) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the northwest corner of Parcel 2A, being a south corner of Parcel 2; thence North 40 degrees 49 minutes 35 seconds West 119.71 feet along the southern boundary of said Parcel 2; thence North 88 degrees 32 minutes 44 seconds East 10.48 feet; thence South 71 degrees 47 minutes 29 seconds East 35.43 feet; thence South 40 degrees 12 minutes 12 seconds East 39.89 feet; thence South 13 degrees 41 minutes 35 seconds East 117.24 feet; thence South 0 degrees 11 minutes 30 seconds East 88.10 feet; thence South 00 degrees 11 minutes 47 seconds East 624.24 feet to the POINT OF BEGINNING, containing 0.381 acres more or less. 7260 SF\ A0e1..A1,10 SIP:110N 11401ANAPOIAS, 114 46256-3957 lel_ 317 .547 5560 F AY. 317 .543 0270 WVAN structurepotnt. corn PRINT DATE: 10/30/12 PLOT SCALE 1:1 EDIT DATE. 2012 -10 -14 - 11.07 AM EDITED BY: PDOTTERY DRAWING FILE: P:\2010 \01114\3. DRAWINGS \CIVIL \EXHIBIT\2012 -10 -25 - SITE EXHIBIT FOR DP ADLS\2010. 01114. CE. RW_TO_BE_VACATED.2012- 10- 30.DWG m C m O P --1 m 1 w_ ▪ Z • � �> 0 CT Z O 01>C,, o -o _ 0> - j mm Z Z E fD V m -0 01 N) (0 CI .0. cm _1 5' .) > ow-1 3 o� -l"zz 0 m 0 bttl0'0t0Z 0 O A D m 0 O yD 0 0 O D O O m Z O AFFIDAVIT I, Jon C. Dobosiewicz, Land Use Professional with the law firm of Nelson & Frankenberger, representing the Applicant of the property involved in this Notice of Public Hearing, upon my oath and being duly sworn upon the same, hereby represent and warrant that the foregoing Notice of Public Hearing Before the City Council of the City of Carmel, Indiana, regarding Ordinance Number D- 2116 -12 scheduled for public hearing on Monday, December 17, 2012 at 6:00 pm, was mailed by certified mail, return receipt requested, to those owners of real estate as listed on Exhibit A attached hereto not less than ten (10) days prior to the date of the hearing. A copy of the said Public Notice is attached hereto and incorporated herein by reference as Exhibit B. Jon C. Dobosiewicz STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Jon C. Dobosiewicz, and acknowledged the execution of the foregoing Affidavit. WITNESS my hand and Notarial Seal this \c -' day of December, 2012. My Commission Expires: Residing in OFFICIAL SEAL .1il.EMNA L. CLOYS ilctary Public- Indiana Hsrr•ilton County My Cato: Iissior. Expires: Sep. 18.2013 PNotary Public H:\Zoning & Real Estate Matters \Gershman \Bridges \Bridges CVS \ROW Vacation and Dedication \Notice \Affidavit - Public Hearing.doc JEC Partnership II LLC 201 106th St. W. Indianapolis, IN 46290 Clarian Health Partners Inc. 34 10th St. W. Ste 2100 Indianapolis, IN 46202 Billy Creek Assoc P.O. Box 280 Zionsville, IN 46077 Heartland Real Estate Holdings LLC 11540 Meridian St. N. Carmel, IN 46032 Fidelity Office Bldg II LP 11711 Pennsylvania St. N. Carmel, IN 46032 Fidelity Office Building The 11711 Pennsylvania St. N Ste 200 Carmel, IN 46032 Suburban Land Reserve Inc. P.O. Box 511196 Salt Lake City, UT 84151 -1196 Or . mance D- 2116 -12 NOTICE TO TAXPAYERS CARMEL, INDIANA NOTICE OF PUBLIC HEARING TO VACATE RIGHT -OF -WAY GENERALLY LOCATED (i) ALONG THE SOUTH SIDE OF THE SEGMENT OF 116TH STREET BETWEEN SPRINGMILL ROAD AND ILLINOIS STREET AND (ii) ALONG THE WEST SIDE OF THE SEGMENT OF ILLINOIS STREET BETWEEN 116TH STREET AND 111TH STREET Notice is hereby given to the taxpayers of the City of Carmel and Clay Township, Hamilton County, Indiana, that the proper legal officers of the City of Carmel will meet at their regular meeting place, Council Chambers, Cannel City Hall, One Civic Square, Carmel, IN 46032, at 6:00 p.m. on Monday, the 17rd day of December 2012, to consider the petition of JEC Partnership, L.P., an Indian limited partnership, for vacation of a part of the right of way along 116th Street and Illinois Street (the "Public Way "), which is located entirely within the corporate boundaries of the City of Carmel, Indiana. The Public Way is contained within a parcel of land that is generally bordered to the north by 116'" Street, to the east by Illinois Street, to the south by 111th Street, and to the west by Springrnill Road. Taxpayers appearing at the meeting shall have the right to be heard. Diana L. Cordray, Clerk- Treasurer December 7, 2012 DRAWING F 2012 -10 -14 - 10.09 AM EDITED BY: PDOTTERY PROPERTY EXHIBIT AMERICAN STRUCTUREPOINT INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 46256 -3957 TEL 317.547.5580 FAX 317.543.0270 www.structurepoint.com SCALE: 1 = 300' DATE: 11/13/2012 DRAWN BY: PED CHK'D BY. AF JOB NO. 2010.01114 SHEET NO. 1 OF HAMILTON COUNTY AUDITOR I, DAWN COVERDALE, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS LABELED AS NEIGHBOR'S ARE THE PROPERTY OWNERS THAT ADJOIN AND ABUT THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. DAWN COVERDALE, HAMILTON CO NTY AUDITOR DATED: SUBJECT PROPERTY: 16- 13- 02- 00 -00- 002.001 Fidelity Office Bldg II LP 11711 Pennsylvania St N Carmel IN Subject 46032 16- 13- 02- 00 -00- 002.101 Fidelity Office Building The 11711 Pennsylvania St N Ste 200 Carmel Subject IN 46032 16- 13- 02- 00 -00- 002.111 Subject - fidelity Office Bldg II LP 11711 Pennsylvania St N Carmel IN 46032 16- 13- 02- 00 -00- 002.112 'Heartland Real Estate Holdings LLC 11540 Meridian St N Carmel IN Subject 46032 x'17- 09- 34- 00 -00- 019.000 Billy Creek Assoc P 0 Box 280 Zionsville IN Subject 46077 Pursuant to the provisions of Indiana Code 5- 14- 3- 3 -(e), no person other than those authorized by the County may reproduce, grant access, deliver, or sell any information obtained from any department or office of the County to any other person, partnership, or corporation. In addition any person who receives information from the County shall not be permitted to use any mailing list, addresses, or databases for the purpose of selling, advertising, or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person 11/8/2012 Page 1 of 2 17- 09- 35- 00 -00- 042.000 Subject Slarian Health Partners Inc 340 10th St W Ste 2100 Indianapolis IN 46202 17- 13- 02- 00 -00- 001.000 Subject X JEC Partnership LP 201 106th St W Indianapolis IN 46290 17- 13- 02- 00 -00- 001.001 Subject Heartland Real Estate Holdings LLC 11540 Meridian St N Carmel IN 46032 17- 13- 02- 00 -00- 001.002 Subject SEC Partnership II LLC 201 106th St W Indianapolis IN 46290 17- 13- 03- 00 -00- 008.001 Subject `Suburban Land Reserve Inc PO Box 511196 Salt Lake City UT 84151 1196 17- 13- 03- 00 -00- 008.201 Subject Suburban Land Reserve Inc PO Box 511196 Salt Lake City UT 84151 1196 Pursuant to the provisions of Indiana Code 5- 14- 3- 3 -(e), no person other than those authorized by the County may reproduce, grant access, deliver, or sell any information obtained from any department or office of the County to any other person, partnership, or corporation In addition any person who receives information from the County shall not be permitted to use any mailing list, addresses, or databases for the purpose of selling, advertising, or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person 11/8/2012 Page 2 of 2 F-717` risvtworlitr "VialftilMftWA, . — gp.E13:1C-Oill1PL!ETE 711111S,S.010N?; Complete Rents 1;2, arid'3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on:the reverse so that we can return,the card to you. Attach this card to the back of the mailpiece, or on.the front if space perititt. Article AddlesSed:to: nation Health Partners Inc. 340 10th St. W. Ste 2100 indianapolis, IN 46202 -70014"412tak Aleiraignater COMMETETHISSECTION ONIDELIVERY Ira '1,t4t , A. Signa e 6. Received by (Pri Agent 0 Addressee G. Date of Delivery ED Er E:13 ru I 4 rn D. Is deli■tery addressifferent froM iterrA,N0 Yes i Er 1 - .' C3 ILYES: enter de 'very/address below: -0 No "o',,,, 1?-- 3. Se ice Type -.....- tt _.„....„..,...-- ''''''' • . Certified Mail, 0 Express Mail • 0 Registered ..0Retini Receipt for Merchandise 0 Insured Mail 0 C.O.D -_. • 41....Re.Stricted Delivery? (Extra Fee) Article Nunter ' ; •-: , i 7010 2780 0002 0932 8904 1 . ' 16295•=o2„-N1,-.154o1) ' 1Sr Yorrn` 381.1):1FetirUarit 0' 04 , It 1 ; 1 borne-StO,Retluin ReCeipt . ,,_ ,..................._.....—..— ' , . ..,..—.—,—„.',„,„.....-......,..............._:.--. —...........-: . -. Postal 217AGARa CERTIFIED (Domestic MPJLTM RErCEIPT ai-AX1f61:4CoverageEd. Only; 'For c=ellYL.15SiW FFIICI1AL IFIMPA Mfg NMI I, 11.1 0 Yes Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee' (Endorsement Required) Total Postage & Fees c 1-7 CAis,41 Pos1 H Sent To Clarian Health Pa ners Inc • -8frUei: ---------- -- 340 10th St. W. Ste 2100 ------ 2[i54 IN 46202 rs._ or PO Box No. El: Completter-is doiffpleta. it6rn,4 14ejgridtetliDbliSteffy,100S-ired: 0' Orint you-r-nairfey,Aiidiaiddrijie'r9Veite. s�, that w,enretur4r1 th-e Card:to you. i AttaChrthirdtfo4tt atk Of' the rriailpiet-e, 'theifrArit: if Space errri its. Article Addressed tbf Fidelity Office Bldg II LP 11711 Pennsylvania St. N. Carmel, IN 46032 4110ft$611rme,".1.4r.trApr COMPLETEkTHIS SECTION'ONDEWVERY A. Signature B. Received ed Naine)- O Agent 0' Addressee ru rn C. Date of Delivery Er 110 D. Is delivery add different from Item 1,7 0 Yes if YES', enter delivery address below': 0 No E3 3. Servi0 Type 1-dertifieii Mall 0 Express Mail, 0 Registered jgrRetum ReceiPt for Merchandise 0 Ifisui-ed Mail' 0 = 4. Restricted Delivery? (Extra Fee) -Yes. !. Article Nutriber " - • (Thansfe?frorritseh'iice lab41)1 t ,7,010 21780;i001:12 0932 2189•8: 38tiVreCirVaiS, 2604 Domestic ReturrpRebeijat' i 02595-02-M-1540 ru Ezi rR N Postal CERTIFIED (Domestic MAIL. Mail Only; No RECEIP Coverage aetrifteo 11-1R,Miellyp1=1fiiiirAisitt=irirfelsr_v4"w-7 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees _ Sent To Fidelity Office Bldg II LP Street, Apt. No.; 11711 Pennsylvania St. N or PO Box No. City, State, ZIP+4ICarmel, IN 46032 Postal CERTIFIED RECEIP (Domestic Mail Only;Nce Coverage Postage Certified Fee MALLTM Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 5g 3 • '7 Sent To MEM Suburban Land Reserve L Street, Apt. No.; P .0 . Box 511196 City, State, ZIP+4 Salt Lake City, UT 84151 or PO Box No. ^- 7' Z Z, 41;A7,F ENDER COMPLETE THIS SECTIO Az- 1 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 1 Print your name and address on the reverse so that we can return the card to you. [Attach this card to the back of the mailpiece, (;;oron the front if space permits. . Article Addressed to: JEC Partnership II LLC 201 106th St. W. Indianapolis, IN 46290 ' .0103LeTE TNISISECTIONiONIPPIVERY A. Sig , ture, / r • D. Is d If Y (Prin 1 i very address different from item 1? ❑ Yes S, enter delivery address below: (5.1.110 d Name) C. Date ti gent ddressee Delivery iL 3. Service Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail <Return Receipt for Merchandise ❑ C.O.D. Article Number (Transfer from service label) 4. Restricted Delivery'? (Extra Fee) 7010 2780 0002 0932 8935 ❑ Yes S Form 3811, February 2004 Domestic Return Receipt ENDER COMPLETE THISSECTIOI I Complete items 1 „ and 3. AIso complete item 4 if Restricted Delivery is desiredr 1 Print your name a . address on the reverse so that we can ret rn the card -to you. I Attach this card to the back of the mailpiece; or on the front if space permits. . Article Addressed to: Heartland Real Estate Holdings LLC 11540 Meridian St. N. Carmel, IN 46032 1 02595- 02 -M -1 540 rCOMPLETE?THIS SECTION OMDELIVER- B. Received`by ( Printed f'me) m m 0 ru m 0, D ru D D D D N ru D D N nsuiance Co veraga,, �Fordelivery.informatio"' n ?sit ouriwebsit at www:usp d Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) /R1 Agent II rcru, Addressee • co C. Date of Delivery ru m a- m D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ,Spice Type al Certified Mail ❑ Express Mail ❑ Registered >17- Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery'? (Extra Fee) ❑ Yes Article Number (rransfel from ser'v ce label) i — - 7010 2780 0002 0932 8928 Form 3811, February 2004' ,r,SEND Domestic Return Receipt PL"ETE TH /S; SECTION , 13 Complete items 1, 2, and 3£ Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. 13 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ;-Fidelity Office Building The 11711 Pennsylvania St. N Ste ..200 Carmel, IN 46032 . Article Number (Transfer from service label) j S Form 3811, February 2004 102595.02 -M -1540 } COMPLETE THIS SECTION:ZW DELIVER A. Signs, re t/Adiag D. Is delivery ad rl_I D D D D ru D D N ❑ Agent n ❑ Addressee I. ifferent from item If YES, enter .livery address below: below: ❑ No 3. Service Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7010 2780 0002 0932 8911 Domestic Return Receipt ❑ Yes 102595 -02 -M -1540 U • (Endorsement Required) Total Postage & Foy° Po MIR r:IJ JEC Partnership II LLC Street, Apt. No.; 201 106th St. W. or PO Box No. 46290 city, stew, zIP +4'' Indianapolis, IN Rostal Ser iiceTM TIFIED MAILT,. .�..�� ) omestic Mai OnI Nodnsurancee poverage Four iJeliverylinformatton'�visittour website�afiwwwsu 0 F Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Faec Heartland Real Estate Ho] Street, Apt. No.; 11540 Meridian St. N. or PO Box No. City, State, ZIP +4 Carmel, IN 46032 For delivery info m {ion visit, ouihwe6site,attw :us 1 Postage Certified Fee Return Receipt Fee Restricted Delivery Fee ▪ (Endorsement Required) a ▪ Total Postage & Fo 11 Sent To mom Ewa M. MOM CA'Ar Po: Fidelity Office Building Thl Street, Apt No.; 11711 Pennsylvania St. N S or PO Box No. City, State, ZIP +4 Carmel, IN 46032 PSrForm3800 A NIPLIETE COMPLETSTH SECTON'ON DD L! ERY mplete items 1, 2, and3. Also complete n 4 if'Restricted Delivery is desired. Fit your name and address on the reverse that we can return the, card. to you. adh this card to the back of the mailpiece, on °:the front if space permits. ole:Addressed to: �-k 1-S Creek Assoc ). Box 280 )nsville, IN 46077 0 Agent 0 Addressee C. Date /A)/I D . Is delive address different from item 1? 0 Yes If' YES, enter delivery address below: 0 No 3: Service Type e Certified Mail— •.0 Registered' Insured Mail.: press Mail Retum.Receip0or'Merchandise 4.' Restricted Delivery?:(Extra'.fee)r angel'umber 70.1,0 2;780 0002 :0932:;8942' ansfer from seivtc&Iabel)1 is �.___ __ ± : _ t 1 • El, Yes qrm •381}1, February 2004 111114 Domestic Return, Receipf 102595,0240 -T 541 ru a-' rU rn O rU O O O N r1J O rR O r`- Postal GERTIFIED' (Domestic, jafl Only,. MAILT<<; RECEIPT Insurance Coverage Prov id For delivery information visit our website .wv 7usps.com F CD L US Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & F <oa Sent To Billy Creek Assoc Street Apt. No.; P.O. Box 280 or PO Box No. City, state, z1a +4 Zionsville, IN 46077 PS Form 360 j). A._ Postmark Here