HomeMy WebLinkAboutD-2121-13 Vacate R-O-W/116th St. and College Avenuegy
2013008460 ORDINANCE 637.00
02/08/2013 01:14:04P 14 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
11111IIIIIHIiiIlIIIII111111111111111lII 1111IIIIIIIIIIIIIIV11111111
SPONSOR:. COUNCILOR ERIC SEIDENSTICKER
ORDINANCE D- 2121 -13
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
TO VACATE A SEGMENT OF RIGHT -OF -WAY FOR COLLEGE AVENUE
WHEREAS, One One Six College Apartments, LLC, has filed a petition regarding that a
portion of College Avenue in the City of Carmel, Hamilton County, Indiana be vacated, pursuant
to I.C. 36- 7 -3 -12;
WHEREAS, the portion of the public right -of -way to be vacated (the "Right of Way
Segment ") is described as follows:
A part of the Southwest quarter of Section 36, Township 18 North, Range 3 East of the Second
Principal Meridian, Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of Section 36, Township 18 North, Range 3 East of the
Second Principal Meridian, Hamilton County, Indiana; thence South 88 degrees 49 minutes 34
seconds West (assumed bearing) on the South line of the Southeast quarter of Section 35,
Township 18 North, Range 3 East a distance of 23.00 feet; thence North 01 degree 10 minutes 26
seconds West 100.00 feet to the intersection of the North line of 116th Street as described in
Instrument No. 2004022719 in the Office of the Recorder, Hamilton County, Indiana and the
East right of way line of College Avenue as described in Instrument No. 8742050 in said
Recorders Office, said point being a point of curvature of a tangent curve, concave Easterly, the
radius point of which bears North 88 degrees 49 minutes 34 seconds East 707.65 feet from said
point of curvature; thence Northeasterly along said curve (and East right -of -way line of College
Avenue) an arc distance of 247.30 feet, the chord of which bears North 08 degrees 50 minutes 15
seconds East a distance of 246.04 feet; thence North 18 degrees 17 minutes 09 seconds East
26.84 feet on said East right -of way line; thence continuing North 18 degrees 17 minutes 09
seconds East 73.16 feet on said East right -of -way line; thence North 18 degrees 51 minutes 31
seconds East 9.84 feet to the POINT OF BEGINNING; thence continuing North 18 degrees 51
minutes 31 seconds East 61.55 feet on said East right -of -way line to the point of curvature of a
tangent curve, concave Westerly, the radius point of which bears North 71 degrees 08 minutes 26
seconds West 162.00 feet from said point of curvature; thence Northerly 136.73 feet on said East
right -of -way line on said curve to the left, said curve being subtended by a chord that bears North
05 degrees 17 minutes 13 seconds West 132.71 feet from said point of curvature, to the point of
tangency thereof; thence North 29 degrees 29 minutes 57 seconds West 15.49 feet to the point of
curvature of a non - tangent curve, concave Westerly, the radius point of which bears South 84
degrees 06 minutes 25 seconds West 1035.01 feet from said point; thence Southerly 95.81 feet
on the arc of said curve to the right, the chord of which bears South 03 degrees 14 minutes 28
seconds East a distance of 95.77 feet from said point of curvature, to the point of curvature of a
non - tangent curve, concave Westerly, the radius point of which bears South 89 degrees 50
minutes 31 seconds West 1035.01 feet from said point; thence Southerly 108.44 feet on the arc
DMS_US 51449678v1
of said curve to the right, the chord of which bears South 02 degrees 50 minutes 36 seconds West
a distance of 108.39 feet to the POINT OF BEGINNING, containing 2,996 square feet (0.069
acres), more or less.
as more particularly depicted on Exhibit "A" hereto;
WHEREAS, One One Six College Apartments, LLC, is the sole fee simple owner of the
real estate that abuts the Right of Way Segment;
WHEREAS, the plans for College Avenue have changed, the City no longer needs the
Right of Way Segment, and the Right of Way Segment will be utilized by One One Six College
Apartments, LLC, in the development of the parcel to the east of the Right of Way Segment.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that the Right of Way Segment be, and it hereby is, vacated and ownership
thereof shall revert to One One Six College Apartments, LLC, and its successors, assigns, and
grantees.
1,—
PASSED by the Common Council of the City of Carmel, Indiana, this day of
14. &14A , 2013, by a vote of 7 ayes and c7 nays.
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COMMON COUNCIL FOR THE CITY OF CARMEL, INDIA A
siding Officer
Kevin D. Rider
Richard S arp, Pr-sident Pro Tempore Carol Schleif
i ens W. Eric Sei ticker
ATTEST:
Diana L. Cordray, IAMC, Clerk -Treas
Luci Sn
er
Presented by me to the Mayor of the City of Carmel, Indiana, this -7 day of
-R -� , 2013, at to ' 3 8 O'clock P .M.
Diana L. Cordray, IAMC, Clerk -Tr:. syte
Approved by me, the Mayor of the City of Carmel, Indiana, this day of
�cvu , 2013, at 4 3 g O'clock P.m.
ATTEST:
Diana L. Cordray, IAMC, Clerk -Treas er
i
es Brainard, ayor
This instrument prepared by and return to: Steven D. Hardin, Esq., Faegre Baker Daniels LLP,
600 East 96th Street, Suite 600, Indianapolis, IN 46240.
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. Steven D. Hardin
DMS_US 51449678v1
EXHIBIT "A"
LOCATION: N; \2010 \W100350 \su 00050.d.g
0ATE71Il E duns 17. 2011 — 2:35pm
PLOTTED 9Y: fteminge
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N29! ?9'57' W 1 ? 1.19'
RP- 584'06'2
I ARC - 95.81'
CH- SO3 '14 '28"E
95.77'
RP-S89'50'31". W
1035.01'
ARC - 108.44'
CH -S02 50'36 "W
108.39'
N 113'51'31" E 9.84'
RP-NS os 4;
PETITION TO VACATE PROPERTY LOCATED ENTIRELY WITHIN
TFIE CORPORATE BOUNDARIES OF CARMEL, INDIANA
One Owt_St)( Co\key_ A-pckA-MeA.3, LL,C-
1. The Petitioner, " `f-e+u-1a44 -- r - , dots hereby respectfully petition the
Common Council of the City of Cannel, Indiana, for the vacation of IoLLCi&& A 4604 E
(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
oFFtee /"lbt,4N t.lome5 to the east by ?VIA it. SNaPS , to the south 5NvPS, and to
the west by bFfteE >3ott9rdb5(the "Parcel ").
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3. Within the Parcel, the Public WaJy sought to be vacated is a strip of ground approximately ( $
feet wide and approximately 2 0V t feet long running in a N2R011/50011 direction within the
bounds of the Parcel.
4. The Petitioners need the Public Way vacated to enable the development of A PAn.tatE"T
,,tt•ot.+ & S within the boundaries of the Parcel.
5. The Parcel is more particularly described as follows: Pet a.T of 5W '/¢ of Sec. 36 '"
T 160 - R3e Co,Prabstdtp 6.95" A.C. $
6. The Public Way sought to be vacated is more particularly described as follows: Piiti?' 06
55w t /4 b F See. 36.- TISK! - 23C CosT ,At- tt.tc., o. to9 Ac. t o.4 TM
0,s. S10 tc (etUtpE 6Weti )L.
7. The Petitioner is the fee simple title owner of a lot(s) or a part of a lot(s) that is (are) not in a plat
but that is (are) in or 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 1.C. 36- 7 -3 -12. The names and addresses of these individuals are as follows:
9. The Petitioner represents as follows:
A. The Public Way sought to be vacated will not hinder the growth or 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 a public way or street nor make
such access difficult or inconvenient.
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1
C. The vacation of the Public Way will not hinder the public's access to any church, school or
other public building or 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 Petitioner prays for the vacation of the above - described Public Way.
Signature
Printed Name
J P \(.a r-4 Co .fir Fa
0Ht .\a. S P 'd
gJOS CeNa rtr c tr Je- (.ctv.v.t4 IN
Address / ■-fbo 3Z
2— Zt-{ —►`Z
Date
State of Indiana )
)SS
County of Hamilton )
Before me, a Notary Public in and for said County and State, personally appeared
ecktk L , , and acknowledged the execution of the foregoing "Petition to Vacate"
as his /hervoluu a act and deed.
WITNESS my hand and Notorial Seal this .-2/Pr day of
My Commission Expires:
My County of Residence:
Lo ner.,,,w a a, veLe.rn■oc..Ec 9n;e11
(Printed Signature)
JANE E GOSLING
6!otaty Public, State of Indiana
:e'ut.:��. Hilmlit0n COUntY
3E. \v - Cotnmts5ton if 586059
``: My Commission E Piros
n /mo June 22, 2016
2
BOA 11, D OF PUBLIC WORKS AND SAFETY
CITY OF CARMEL
The Board hereby approves the Petition To Vacate 1)ropertv Located Entirely Within The
Corporate Boundaries olCarmel. Indiana in the matter of One One Six College Apartments.
1.I.C:
M- ,or James 13rainard — Presiding Officer
Mar41—L1
■ Ann Burke. Member Date
D‘tte
1.Ori Watso 1. IVIember
iana L. Cordray. e k Treasurer
/ )f
Date
3-7-4)
Date
One One Six College Apartments, LLC - Location Map
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FINAL. CONSTRUCTION PLANS - DATED 0- 122912011 i,lo -oo.,,
MD: W EJ.H E
N N ( i I N N E R S
College Avenue Right -of -Way Vacation
Affected Persons
J.C. Hart Company, Inc.
805 City Center Drive, Suite 120
Carmel, IN 46032
February 23. 2012
Board of Public Works and Safely
One Civic Square
Carmel. Indiana 46032
II o' r4 1L;
CI I Y"' 7A1KMEL
-1/l IES BRAINAAfti), VIAYOR
R1:: 1'L1I3LIC RIGH'l' OF WAY VACATION — PORTION OF COLLEGE. AVENUE
Dear Board Members:
Mi. f.d'vard Fleming. Project Manager at Weihe Engineers, Inc.. representing I.C. Hart Company. Inc. has filed a
Petition to Vacate Property Located Entirely within the Corporate Boundaries of Carmel. Indiana \vith the Clerk-
Treasurer's (Alice and requested that the petition be placed on the Board id' Public Works and Safety (Board)
agenda.
I he petition requests that the City vacate approximately 0.1169 -acres of City right-of-way located along the eastern
portion of College Avenue associated \yith the 1 1(11 Centre Apartment !Ionics project currently under construction.
A request to vacate this property \vts considered by the Board during the July 6. 201 1 meeting and approved by a
vote of 2M. However. a proper petition was not tiled at that lime.
In accordance \yith the published City of Carmel Vacation of Public Right of \Vay Procedure (Procedure). the
Petitioner has met with a representative of the Carmel Department of Engineering thereby notifying the City of the
intent to request a vacation of public right -of -way. The petitioner has prepared a legal description of the right -of-
wad• to be vacated and requested that the City Engineer validate the accuracy of the legal description and approve it.
Based upon the information provided to the Department of Engineering. the legal description and exhibit appear to
accurately describe and depict the public right -of -way to be vacated. Therefore. the City Engineer approves the legal
description.
1110 Procedure requires the Board to approve the petition prior to the assignment of au Ordinance number from the
Office oldie Clerk Treasurer and preparation oldie Ortlimutce for Vacation of Right of \\lay for consideration by
the Carmel City Council.
The Department does not expect that vacating the requested right -of=\ray will adversely affect the 1.'ity's ahilily to
utilize the remainder or dedicated right-of-way of College Avenue.
Sincerely.
)77
Michael T. McBride. P.E.
City Engineer
Enclosures
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Drp:vtrw:;\ r C>r LNau rein >(I
ONE Ctvic Sc x,sue, C„ \i slEL, IN '16U32 OPrh.r 317.57 1.2.14 1 l .\x 317.571.2439
E >I. \II. enginevrin01T3 mul.in.pp•'
NO WEIHE
ENCi1 N LE,RS
February 27, 2012
Mr. David Barnes
Department of Engineering
One Civic Square
Carmel, IN 46032
Phone: (317) 571 -2441
RE: 116th Centre Apartment Homes — R.O.W. Dedication/Vacation
Dear Mr. Barnes.:
On behalf of the developer, One One Six College Apartments, LLC, this letter is a request to be
placed on the next available Board of Public Works Meeting. Enclosed are the documents for
Right-of-Way Dedications and the Petition to Vacate That you had sent nee.
Should you have any further questions or requests for additional information pertaining to this,
please contact me at 317-846-6611.
Sincerely,
Edward E. Fleming
Project Manager
June 27, 2011 JAMES BRAINARD, MAYOR
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: VACATION OF A PORTION OF THE COLLEGE AVENUE RIGHT OF WAY
Dear Board Members:
ECOpSi
Mr. Jinn Shields, Director of Residential Development for Weihe Engineers, Inc., on behalf of the J.C. Hart
Company, has requested the Board provide a favorable recommendation for the vacation of a portion of
College Avenue, specifically the east side of College Avenue along the frontage of the 116th Centre
Apartment Homes project.
The proposed improvements to College Avenue to be completed with the development make this right -
of -way no longer necessary.
Attached with the request is a Right -of -Way Legal Description and exhibits outlining the area to be
vacated.
Per the current City procedure for vacating public right -of -way, the City Engineer is responsible for
validating the accuracy of the legal descriptions provided. Based on the information provided to the
Department of Engineering by Weihe Engineers, Inc., the legal description appears to be accurate.
Weihe Engineers, Inc., will provide appropriate documentation to the City's Legal Department for the
preparation of Vacation of Public Right Of Way documents that will be presented to Carmel City Council
for final resolution.
The Department of Engineering recommends the Board provide a favorable recommendation for the
vacation of the portion of College Avenue.
Sincerely,
/Sts—./e
Michael T. McBride, P.E.
City Engineer
Attachments
\ \IssurappSl \user data\ shared\ DHill\ BPW11 \COLLEGEAVENUEROWVACATION.DOC
DEPARTMENT OF ENGINEERING
ONE Ctvtc SQt ARE, CARMF.I., IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
I,t ML engineer ingg@ccannel.ingov
oBo WEIE E
ENGINEERS
I . 1 I, , 1 A N!, J
June 17, 2011
Cannel Board ofPublic Works
c/o Engineering Department
Cannel City Hall, IS' Floor,
One Civic Square
Carmel, Indiana 46032
RE: Board of Public Works and Safety Request
Dear Members of the Board:
On Behalf of J. C. Hart Company, Inc.. please accept this letter requesting to be placed on the
agenda for the City of Carmel Board of Public Works meeting on July 6, 2011. This project was
approved at the September 21, 2010 Plan Commission Meeting (Docket 1110060012 DP /ADLS).
The following item is being requested for approval.
Vacation of a portion of the College Avenue Right of Way. — A portion of R/W is requested to
be vacated on the east side of College Avenue, along the frontage oldie Ile Centre Apartment
1 -tomes project. The northbound lane of College Avenue will be realigned as part of said project
in which the R/W will be modified to parallel the roadway. A portion of said property has
previously been dedicated to the City of Cannel to make the WW uniform along the frontage.
Should you have any questions or require additional information for completion of this request,
please contact nee at 317-846-6611.
Sincerely,
les E. Shields, P.E.
irector of Residential Development
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