Petition to vacate a Public Right of Way/ Ronald and Joyce Smithi
oVr .
PETITION TO VACATE A PUBLIC RIGHT OF WAY
1. Ronald and Joyce Smith (" Petitioner"), pursuant to Indiana Code *36-7-3-12, does
hereby respectfully petition the Common Council for the City of Carmel, Indiana,
for the vacation of a portion of the existing Public Right of Way of "Old South
Street" located directly between Lot 10 and Lot 11 of D W Kinzer's Addition (the
"Public Way"), located entirely within the corporate boundaries of the City of
Carmel, Indiana, as is particularly described below and in the exhibits attached
hereto and made a part hereof.
2. The Public Right of Way being vacated is more particularly described (Exhibit "A")
and depicted in Exhibit "B" hereto, this is incorporated herein by this reference.
3. In support of this petition, the Petitioner submits the following:
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. Vacation of the Vacation Area 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. Vacating the proposed Vacation Area does not hinder the public's access to
any church, school or other public place.
D. Vacating the proposed Vacation Area does not hinder the use of a public way by
the neighborhood in which it is located or to which it is contiguous.
4. The following are the names and addresses of the owners of land which abut the
property proposed to be vacated:
Ronald and Joyce Smith
530 1 st Ave SE,
Carmel, Indiana, 46032
James Shattuck and Jamie Featherstone
570 1 st Ave SE
Carmel, Indiana 46032
5. Due to the previous vacation or re -platting of all other portions of the Public Way
known as South Street, the final remaining strip of land is no longer needed. The
Petitioners need the Public Way vacated to enable and enhance the construction of
anew residence. The topology of the Public Way and the petitioner's adjacent lot
will enable the construction to include a walk -out or daylight basement. The
additional width will allow enhanced aesthetics and choices of design in this
developing part of the city. The increased property value due to the addition of a
portion of the Public way to the petitioner's lot will benefit the City of Carmel through
enhanced property tax revenue.
1
WHERFORE, the Petitioner respectfully requests the vacation of the above described
Vacation area.
JE58 CA RENAFBILLMANI
`` ss•••. �' • rJota•y PUChc, Slald Ind,ina
t:,a'•xar'• �% Johnson County
SEAQ Commission a E43334 SgPI,
My Com;ression.. Expires
A001 01, 2021
grnna�` _
State of Indiana
SS:
County of Hamilton
CITY OF CARMEL
Ron61d D. Smit �(Retjt`(oner)
Date:
v
(j Joyce E. Smith (Petitioner)
Date: t /q//7
—T
Before me, a Notary Public in and for said County and State, personally appeared
Ronald D Smith and Joyce E Smith
and acknowledged the. execution of the foregoing for and on behalf of said entity.
Subscribed and sworn before me this�1 �-0 day of �- bDvuetr� , 2017
��lflCc�r1
CZ.
Notary Public
Printed Name
My Commission Expires: lkt�r't 1 I , 202A My County of Residence
This instrument was prepared by Ronald D. Smith
(Petitioner eFAgent)
I affirm, under penalties for perjury, that I have.taken reasonable care to redact
each and every_.SQcial jSecurity number from this document, unless it is required by
Law.
(Petitioner OFAgent)
Approved and Adopted this day of , 20
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
J mes Brainar , Presiding Officer
Date:
Mary Ann Brke,lyi�mbe
Date: `7 '® � !J 7
Lori S. W son ember
Date: 4�
Exhibit A
J. D. Hall Land Surveyin�
James D. Hall, Registered Land Surveyor
Indiana — LS20500017
803 S. Ohio Street. Sheridan. IN 46069-1433
Copyright Cby J D Hall Land Surveying. 2017
RIGHT-O&WAY DESCRIPTION
A part of the Right-of-way of South Street as per the plat of D.W. Kinzer's Addition to
the Town (now City) of Carmel, Indiana, as recorded in Deed Record 52, Page 400, in the
Recorders Office of Hamilton County, Indiana, as shown on a Recorded Survey dated
1/24/2017 as Instrument No. 2017003323 is said Office and being more completely
described as follows to -wit:
Beginning at a 5/8" iron rod with an orange cap stamped "JD HALL LS20500017"
(herein after referred to as a "capped rebar") at the Southeast corner of Lot 11 in said
D.W. Kinzer's Addition, run thence along the South line thereof South 89°33'51" West,
164.50 feet to a capped rebar at the Southwest corner of said Lot; thence South 00°00'47"
East along the Southerly extension of the West line of Said Lot 11, to the centerline of
South Street, (being a 40' right-of-way), 20.00 feet to a capped rebar; thence along said
center line, North 89°33'51" East, 164.35 feet to a capped rebar in the Southerly
extension of the East line of said Lot 11; thence North 00°00'47" West, 20.00 feet along
said extension to the Point of Beginning, containing 3,288.29 square feet (0.075 of an
acre) more or less.
Subject to all easements and rights of way of record.
SURVF,YORS CERTIFICATE
I DO HERE BY CERTIFY THAT T141S DESCRIPTION WAS PREPARED BY ME
AND IS A RESULT OF A FIELD SURVEY CONDUCTED BY ME ON 1/3/2017. A
RETRACEMENT SURVEY FOR WHICH WAS RECORDED ON 1/24/20.17 AS
INSTRUMENT NO. 20170003323
,� ++ ++nu a ul111l11j
James D. Hall, PLS X10'
I_S20500017
STATE OF
—� J
111!!lIIIIIf1l++++�+
Phone: 317-696-3594
Fax: 3 17-758-55 10
Email: ALANDSURVEYOR t/ YAHOO.COM
-I-
"EXHIBIT
— A a
ibf l
,
Exhibit B
Shows last remnant of old South Street with west portion vacated and east portion re -
platted with new street offset from old South Street.
Shows proposed lot addition through vacation of the Public Way, alley to remain intact.
Lot 11 would receive 20 feet.
"EXHIBIT- IS°
April 12, 2017 C
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
JAMES BRAINARD, MAYOR
RE. RIGHT OF WAV VACATION —"OLD SOUTH STREET" LOTS 10 & 11 D.W. KINZER'S ADDITION TO THE CITY OF CARMEL
Dear Board Members:
Mr. & Mrs. Ronald and Joyce Smith, Owners of Lot 11 in D.W. Kinzer's Addition to the City of Carmel has
requested the Board provide a favorable recommendation for the vacation of a part of the alley
between Lots 10 & 11 known as "Old South Street" in the D.W. Kinzer's Addition to the City of Carmel.
The portion of the vacated alley requested is the northern half of the existing right of way. (Exhibit
included with Petition)
Per the current City procedure for vacating public right-of-way, the City Engineer is responsible for the
validating the accuracy of the legal description provided by the surveyor and completeness of the
vacation package. Based on the information provided to the Department of Engineering by the
petitioner and J.D. Hall Land Surveying, the petition, legal description and exhibit appears to be
accurate.
Upon approval by the Board, the petitioner will provide appropriate documentation to the Clerk -
Treasurer's office that will be presented to Carmel City Council for final resolution.
The Department of Engineering finds no fault for this petition, as there are no future plans for the use of
this right-of-way, and recommends favorable recommendation for the portion of right-of-way as shown
on the attached exhibits.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENTS: PETITION TO VACATE A PUBLIC RIGHT OF WAY PACKAGE
S:\BPW17\MISC\ROWVACATIONDWKINZERADDITION.DOC
DEPARTMENT of ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering®carmel.in.gov