River Road/131st - Vacate BDC/Cardinal(4
Part of River Road and East 131st Street
PETITION TO VACATE RIGHT -OF -WAY
BDC /Cardinal Associates, LP "Petitioner pursuant I.C. 36- 7 -3 -12, petitions the Common
Council of the City of Carmel, Indiana to vacate the right -of -way of River Road and East 131st
Street, as described in Exhibit "A" hereto "Right -of- Way and in support thereof alleges and
says:
1. That Petitioner is the owner of the real estate in Clay Township, Hamilton County,
Indiana, as described in Exhibit "B" hereto "Real Estate
2. That the Real Estate is within the corporate boundaries of the City of Carmel, Indiana,
having been annexed to the City of Carmel, Indiana, on the 4th day of November, 1996 under
Ordinance C -185;
3. That a primary plat for the development of the Real Estate as a residential subdivision
to be known as Prairie View was approved by the Carmel Plan Commission on the 16th day of
July, 1996 "Primary Plat
4. That the Primary Plat provides for the relocation and realignment of the Right -of -Way
rendering the continued use of the Right -of -Way for public right -of -way purposes inappropriate,
unnecessary and unjust;
5. That the names and addresss of the owners of land abutting the Right -of -Way to be
vacated are as follows:
1. BDC /Cardinal Associates, LP
12772 Hamilton Crossing
Carmel, Indiana 46032
2. Aley Hunt
Robert Fuller
c/o Key Trust
Trust Department
Post Office Box 6
South Bend, Indiana 46601
WHEREFORE, Petitioner respectfully requests the Right -of -Way be vacated and for all
other relief proper in the premises.
STATE OF INDIANA
SS.:
COUNTY OF HAMILTON
BEFORE ME, a Notary Public in and for said County and State, personally appeared
George Sweet, the General Manager of BDC /Cardinal Associates, LP, who subscribed and swore
to the representations hereinabove made.
WITNESS my hand and notarial seal this first day of May, 1997.
P7, L
My Commission Expires: May 24 1999
County of Residence: Hendricks
This Petition to Vacate Right -of -Way Prepared by:
James J. Nelson
NELSON FRANKENBERGER
3021 East 98th Street
Indianapolis, Indiana 46280
F: \USER\LUCY\BRENWICK \VAC -RO W.PET
(River Road and 131st Street)
BDC /Cardinal Associates, LP
By:
George Sweet,
Printed: Mari e M. TTri rk
eral Manager
Notary Public, State of Indiana
v
Also:
r l SCHNEIDER
6 ENGINEERING
CORPORATION
offit Farm at
Prairie View
1S t.
�S2 x
Sec. 1 Q �oQ
DWG: J: \1065 \DWGS \RRVAC.DWG
1
exist. pvmt. (131st St).
P.0.B River Road Vacation "E
203'
N.W cor., S.W 1/4
Sec. 26- 118N —R4E
EXHIBIT
RIVER ROAD VACATION "B"
P.O.B River Road Vacation "B"
LAND DESCRIPTION
RIVER ROAD VACATION
12726 Hamilton Crossing Blvd. Surveying
Carmel, Indiana 46032 Engineering
317 574 -3797 GIS LIS
317 574 -3799 FAX Geology
W. R/W line
Proposed River Avenue
v
ASSUMED NORTH
SCALE 1" 50'
offit Farm ct
Prairie View
Sec. 1
Part of the Northwest and Southwest Quarters of Section 26, Township 18 North, Range 4 East and part of the Northeast and
Southeast Quarters of Section 27, Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana
described as follows:
Beginning at the intersection of the southeasterly proposed right —of —way of East 131st Street per the unrecorded plat of Moffitt
Farm at Prairie View Section 1 with the south line of the Northeast Quarter of Section 27, Township 18 North, Range 4 East;
thence easterly along the existing centerline of 131st Street 203 feet more or less to the west right —of —way line of the
proposed River Avenue per the unrecorded plot of Moffitt Farm at Prairie View Section 1.
Beginning at the intersection of the west line of the proposed River Avenue per the unrecorded plat of Moffitt —Farm at Prairie
View Section 1 with the west line of the Southwest Quarter of Section 26, Township 18 North, Range 4 East; thence Northerly
along said west line 267 feet more or less to the northwest corner of said Quarter Section.
JOB 1065
DATE: 05.06.97 (revised)
DRAWN: BD (b.ott)
SHT. 1 of 1
EXHIBIT B
Land Description
Part of the Northeast Quarter of Section 27 and part of the Northwest and Southwest Quarters of Section 26 all
in Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being
described as follows:
Beginning at the southeast corner of the northeast quarter of said Section 27; thence North 90 degrees 00
minutes 00 seconds West (basis of bearings is from Instrument No. 8924723, Office of the Hamilton County
Recorder) along the south line of the aforesaid northeast quarter a distance of 1090.66 feet to the southwest
corner of the real estate described in Deed Record 104, Page 209; thence North 00 degrees 05 minutes 17
seconds East through a stone accepted as evidence of the west of said real estate a distance of 1901.04 feet
to a stone at the south line of real estate described in Deed Record 110, Page 328; thence continuing North 00
degrees 05 minutes 17 seconds East along the west line of the tract of land described in Deed Record 230,
Page 88 a distance of 745.73 feet to a stone accepted as marking the west line of said tract of land recorded in
Plat Book 230 and on the north line of the aforesaid northeast quarter; thence South 89 degrees 56 minutes 29
seconds East along said north line a distance of 1090.4 feet to a stone marking the northeast corner of said
northeast quarter; thence South 89 degrees 36 minutes 21 seconds East along the north line of the northwest
quarter of the aforesaid Section 26 a distance of 1246.51 feet to the west low water line of White River; thence
meandering said west low water line the following nine courses, South 20 degrees 35 minutes 24 seconds
West a distance of 345.24 feet; thence South 05 degrees 19 minutes 26 seconds West a distance of 192.16 feet;
thence South 05 degrees 19 minutes 29 seconds West a distance of 83.78 feet; thence South 01 degrees 25
minutes 25 seconds East a distance of 178.11 feet; thence South 06 degrees 56 minutes 58 seconds East a
distance of 147.86 feet; thence South 12 degrees 05 minutes 51 seconds East a distance of 234.71 feet; thence
South 24 degrees 33 minutes 22 seconds East a distance of 212.18 feet; thence 50 degrees 45 minutes 00
seconds East a distance of 375.00 feet; thence South 71 degrees 45 minutes 00 seconds East a distance of
570.00 feet to the west line of real estate described in Deed Record 297, page 616 -617; thence South 36
degrees 35 minutes 17 seconds West along said west Iine a distance of 1036.70 feet to an iron pin; thence
South 00 degrees 11 minutes 20 seconds West continuing along said west line and along said west line
extended a distance of 48.51 feet to the north line of the southwest quarter of said Section 26; thence South 89
degrees 48 minutes 40 seconds East along said north line a distance of 162.90 feet to the northeast corner of 67
acres off the north end of 99 acres off the west end of the southwest quarter of said Section 26; thence South
00 degrees 24 minutes 47 seconds West parallel with the west line of said southwest quarter a distance of
1777.00 feet, more or less to the southeast corner of said 67 acres; thence North 89 degrees 48 minutes 40
seconds West parallel with the north line of said southwest quarter and along the south line of said 67 acres a
distance of 1639.14 feet to the west line of said southwest quarter; thence North 00 degrees 24 minutes 47
seconds East along said west line a distance of 1777.0 feet to the Point of Beginning. Containing 220 acres,
more or less.
Note: This land description was prepared based exclusively upon record deed information. For purposes of
the preparation of this description, no survey of the described real estate was performed and no monuments
were set.
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
Kate Boyle
Office of the City Engineer
One Civic Square
Carmel, Indiana 46032
Dear Kate:
Please find enclosed a Petition to Vacate Right -of -Way executed by BDC /Cardinal
Associates, LP, requesting the vacation of the part of River Road which is legally and pictorially
described in Exhibit "A" annexed thereto, and Petition to Vacate Right -of -Way executed by
BDC /Cardinal Associates, LP, requesting the vacation of the part of River Road and 131st Street
which is legally and pictorially described in Exhibit "A" annexed thereto.
Further, please also find proposed Ordinances D- 1297 -97 and D- 1298 -97 effectuating the
requested vacations. These petitions and the proposed ordinances have been filed with the Office,
of the City Clerk Treasurer, and I am requesting that the petitions be placed on the May 21, 1997
agenda of the Board of Public Works and Safety for its recommendation on the adoption of the
ordinances by the Common Council of the City of Indiana.
Also, please find enclosed a Dedication of Right -of -Way "Dedication executed by
BDC /Cardinal Associates, LP dedicating to the City of Carmel the part of River Road which is
legally and pictorially described on Exhibit "A" attached thereto. I am also requesting that this
matter be placed on the May 21, 1997 agenda of the Board of Public Works and Safety for
acceptance of the dedication. We will be requesting that the Board withhold recordation of the
Dedication pending adoption of Ordinance No. D1297-97 and D- 1298 -97. Informational packets
for distribution to each member of the Board of Public Works and Safety will be presented to
your office no later than 12:00 o'clock Noon on May 16, 1997. If you should have any
questions, please call.
JJt /mlf
xc: on. James C. Brainard
Office of the City Clerk- Treasurer
Department of Community Services
Debra Grisham, Esq.
F CSb :R \\.I: \RGIG\'JELSoN \CARUHUYI. CfR
NELSON
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS -AT -LAW
May 5, 1997
With kindest regards,
3021 EAST 98th STREET
SUITE 220
INDIANAPOLIS, INDIANA 46280
317- 844-0106
FAX: 317 -846 -8782