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Rangeline Road - Nash LLC/CCC Phase II t9 L1 2013074647 VACATION $21.00 12/19/2013 01:43:10P 5 PGS CI �� Mary L. Clark ? �© `�1 HAMILTON County Recorder IN Recorded as Presented Iflhl ��lI����ll����� ����ll�ll�l 1111111 APPROVED _ o ETITION TO VACATE A PUBLIC IIIIIICA ti I1IIIIII11IIIIItl1 WY LOCATED ENTIRELY WITHIN en% THE CORPORATE BOUNDARIES OF CARMEL, INDIANA &At 1. CCC Nash, LLC and CCC Phase II, LLC ("Petitioners"), pursuant to Indiana Code §36-7-3-12, does hereby respectfully petition the Common Council of the City of Carmel, Indiana, for the vacation of those portions of the existing Public Way of S. Rangeline Road located entirely within the corporate boundaries of Carmel, Indiana, as is more particularly described below and in the exhibit attached hereto and made a part hereof. 2. The portion of the Public Way being vacated is more particularly described and depicted in Exhibit "A" hereto, which are incorporated herein by this reference. 3. In support of this petition, the Petitioners submits the following: "The Petitioners submit this petition pursuant to Indiana Code §36-7-3-12 to respectfully request that the Common Council of the City of Cannel, Indiana vacate that portion of the existing Public Right of Way described and depicted in Exhibit "A". The Petitioners makes this request to satisfy its obligations to the Carmel Redevelopment Commission ("CRC") to develop the project to be known as the Nash Building located within the City of Carmel, Indiana. The CRC and the CCC Nash. LLC ("Nash") entered into a certain Project Agreement ("Project Agreement") dated December 27, 2012, pursuant to which the Nash agreed to develop the Nash Building in collaboration with the CRC. Since the execution of the Project Agreement, the Nash and CRC have worked together to create plans and specifications ("CRC-Approved Plans") for the Nash Building that are consistent with the desires of the City of Carmel. The CRC-Approved Plans include construction of a building in the area of the Public Right of Way described above. The Petitioners respectfully request that the Common Council of the City of Carmel, Indiana vacate the area of Public Right of Way that is the subject of this petition. This will allow Nash to commence construction of the approved-building within the area of the Public Right of Way pursuant to the CRC Approved Plans." 4. The following are the names and addresses of the owners of land which abut the property proposed to be vacated: CCC Nash, LLC 770 3r1 Avenue S.W., Carmel, IN 46032 DULY ENTERED FOR TAXATI^'d MG Subiect to final acceptance fcr transfer'? CCC Phase II, LLC 770 3`a Avenue S.W., 1ff day of r4 =, Carmel, IN 46032 ji I 0J1flf C Atf':crd'1amiltoncounty Parcel # Va-La-ti f'-�W • WHEREFORE, the Petitioners respectfully requests the vacation of the above described Public Way. CCC NASH, LLC its -t-tata . Signature DOLORES M. KROHNE Printed Name to - 2'ta3 Date CCC PHASE II, LLC .. 7x- Signature DOLOREP VROHNE Printed Name /4 - 25-i3 Date This instrument was prepared by Jesus C. Rivera Esq., Carmel City Center, LLC, One Pedcor Square, 770 3rd Avenue S.W., Carmel. Indiana 46032. I affirm, under penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Jesus C. Rivera [Notary page to follow] State of Indiana ) )SS: County of Hamilton ) Before me, a Notary Public in and for said County and State, personally appeared Dolores M. Krohne, on behalf of CCC Nash, LLC and acknowledged the execution of the foregoing "Petition to Vacate a Public Way" as his/her voluntary act and deed. WITNESS my hand and Notarial Seal this 24th day of October, 2013. Notary Public )eSvs wer—, (Printed Signature) My Co mis ion Expires: yM ' ,. .JESUS C.RIVERA • •a•.� _ Hamilton County My County of Residence: . ; ny Commission Expires ithwi Yua,! August 2e,2020 State of Indiana ) )SS: County of Hamilton ) Before me, a Notary Public in and for said County and State, personally appeared Dolores M. Krohne, on behalf of CCC Phase II, LLC and acknowledged the execution of the foregoing "Petition to Vacate a Public Way" as his/her voluntary act and deed. WITNESS my hand and Notarial Seal this 24th day of October, 2013. JESUS C.RIVERA Notary Public . , Hamilton County ^.7r i MY August 20 Expires �Su. �iver (Printed Signature) My Co mission Expires: 2a$iao My C unty. f Residence: . Recommended for Approval to the Common Council of the City of Carmel, Indiana, this day of , 2013. CITY OF CARMEL, INDIANA Board of Public Works and Safety By: fames Brainard. Mayor C Lo on, Member /la It Ma y AI Burke, Member Attest: al.,- - iana Cordray,( Jerk-Treasurer Date: /7"6r/3 I EXHIBIT "A" Vacation of Right—of—Way Grant from ti "•00' 1 The City of Carmel, Indiana POINT'.OF-COMM,ENCEMENT March 6, 2013 • NORTHEAST\CORNERI, NE 1/4714 SEC.E;36,1j \T 17N — R3E I A part of the Northeast Quarter of Section 36, Township 18 BRASS PLUG IN\STEEL`'BOX FOUND R p \fit I North, Range 3 East of the Second Principal Meridian, Clay ` Township, Hamilton County, Indiana, more particularly 6" =S 00'13'54" E� described as follows: \\'�, �y%• A.A� 714.91' N 89'591,31:'\;E:,` l :`6 S89'59'31°W I Commencing at the Northeast Corner of the Northeast Quarter /P 1 13.00 1: of said Section 36, Township 18 North, Range 3 East; thence \\ \\i — 59.00' South 00 degrees 13 minutes 54 seconds East (Basis of ADJOINER:J i Fr Bearings assumed from the Quitclaim Deed granted to Carmel CITY OF CARMEL , \ j City Center, LLC ("CCC tract') (recorded as Instrument Number REDEVELOPMENT \ 200600060668 in the Office of the Recorder of Hamilton COMMISSION \ j County, Indiana) 714.91 feet along the East Line of said INST. #2011064474 j Northeast Quarter to the easterly projection of the southern \'. j line of the 2,575.7—square foot parcel of land grated to the POINT OF BEGINNING \', City of Carmel Redevelopment Commission ('Ramp tract') 4,911.3 SQ. FT. m'.\ I (recorded os Instrument Numbers 2011064473 and 0.113 ACRES± i.\\. j 2011064474 in said Recorder's Office): thence South 89 \\ degrees 59 minutes 31 seconds West 59.00 feet along said 0 \ ! easterly projection to o point lying 13.00 feet (measured I \ ! easterly in a perpendicular direction) from the western E \�. j right—of—way line of Range Line Road; thence South 00 -< degrees 13 minutes 54 seconds East 377.70 feet parallel with /I said western right—of—way line to the easterly projection of z \, / j the northern line of the 0.501—acre tract granted to the nl \ N • Carmel Redevelopment Commission ("CRC tract') (recorded as \j D -H Instrument Number 200600064025 in said Recorder's Office); r. I thence South 89 degrees 12 minutes 13 seconds West 13.00 z j feet along said easterly projection to the northeastern corner GRANTEE: \\ Z -`^ thereof, being the southeastern corner of said CCC tract at CARMEL CITY CENTER, LLC z !1^ GI z ! the western right—of—way line of Range Line Rood; thence INST. #200600060668 0 \10 ITT m North 00 degrees 13 minutes 54 seconds West 377.88 feet TRACT 5A ° °• along said western right—of—way line and the eastern line of 7.468 Acres± (D&M) w \\ w r A ! said CCC tract to the southern line of said Ramp tract; ui \..N Z 1 thence North 89 degrees 59 minutes 31 seconds East 13.00 ("CCC tract") -10- a m m i feet along said southern line to the POINT OF BEGINNING, containing 4,911.3 square feet (0.113 acres), more or less. I \ ! I 0 I j iii .... J D m ♦�J O R.MO pi v = 6,\.o ! O�P�C,1S7FnFS.0 10 \ m {� , . O No. • 2 i t ? •* :