HomeMy WebLinkAboutDecree Vacating Alley 09-29-70e�mrew» ww.,
STATE OF INDIANA ) IN THE HAMILTON CIRCUIT COURT
SS:
COUNTY OF HAMILTON) CAUSE NO. 70-400
IiNION STATE BANK
va.
LP 9197.0
I
TOWN OF CARMEL
..r,NIS rVu411L70N CIRCUIT CQURT
REE VACATING ALLEY
This cause having been set for hearing on September 25, 1970, at 1:45
o'clock A. M. , and the plaintiff appearing in person and by counsei and the
Court having heard the evidence and having taken this causeunder advisement,
does hereby find as follows;
1. That notice of this hearing was published as required by statute and
the publisher's Affidavit of said publication has been filed herein.
2. That the defendant, the Town of Carmel, by counsel, its City
Attorney, has filed its Waiver of Notice and Consent to this Decree and the
vacation of the alley.
3. That no other remonstrators appear in Court to protest said
The Court finds that the Petition should be granted and the alley should
be vacated.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED upon the
evidence as Found by the Court, that the alley, approximately a ten (30) foot
wide strip, bounded on the North by Lot Number Two (2), in the: original plat
of Bethlehem, now the Town of Carmel, Indiana, on the West by Range Line
Road, on the South by Lot Number Three (3) in the original plat of Bethlehem,
now the Town of Carmel, Indiana, and on the East by an alley which runs in
a generally northerly and southerly direction, said alley, located in Clay
Township, Hamilton County, Indiana, and more particularly described us
follows:
Decree Vacatingey .
Page Two
The east -west alley lying between Range Line Road and
the north -south alley which runs from Main Street to
First Street NE in the Town of Carmel, and more par-
ticularly described as follows: Begin in the Southwest
corner of Lot Number Two (2) of the Original Plat of
Bethlehem, now Carmel, Indiana; run south ten (10)
feet to the northwest corner of Lot Number Three (3) of
the Original Plat of Bethlehem; thence east approximately
165 feet to the northeast corner of Lot Number Three (3)
of the Original Plat of Bethlehem; thence North ten (10)
feet to the southwest corner of Lot liumber Two (2) of the
Original Plat of Bethlehem; thence West 165 feet to the
place of beginning.
should be vacated, and that said alley is hereby vacated and fee simple legal
title as well as possessory interest be returned to the owner of the adjoining
lots, to -wit; this plaintiff, the Union State Bank, and that a copy of this Decree
be certified and recorded in the Office of the Recorder for Hamilton County,
Indiana, so that title to this property shall now and forever more be vested in
this plaintiff, Union State Bank, and its successors and assigns,
Judge. Hamilton Circuit Court
Date:
Kv.s a "OOP n
JALKIE RtCNtE '
vs- 3 iVa. 67 199
LOWIN RICHIE ))
Arvin ft. Faland, Deputy Prose<uting Attorney for the 24th Judicial Cir<uit, Hamilton County,
Indiana, having filed a written motion to dismiss the above entl tied cause, whl ch motion is 1n the words and
figures as follows: (N.I.); the Court nos sustefns said motion and orders Lhat said cause and the sane hereby
is dismissed.
BE951E IRENE PACK
vs- ) N0. 6B fill
CNARLES FAANKL[N PACK ))
arvt •. a ..v ,y PraSecu ling RT[orney for the 24th Judicial Circuit, Hamilton County,
Indiana, haul nq filed a wrt tten motion to dismiss the above entitled cause, which mtolan is in the words and
figures as follows: (H.7.) the Court noa sus Cams said motion and orders that said cause and the same hereby
is dismissed.
TONN PNO fAUNTRY GAS, INC.
_Vs-
N0. 69 371
D. L. CUAMIN6 d/b/a CENTRAL ENGINEERIN.
L0. )
Plalnti ff
files lnterrogateM es directed
to Kel ly'S furniture Narehouse, inc.,
State
Road
D2 East,
Noblesville, Indl ana,
Copies of above served on all
parties this date 1n campif ante with
Rule 72
(d).
Carolyn
Moore.
UNION STATE BANK ))
-vs- ) N0. 70 400
TOWN Of CAN�ffL
This cease having been set for hearing on September 25, 1970, at 1:A5 O'clock a.m. and the plaintil
appearing in person and by counsel and the Court having heard the evldence and having taken this cause under
advisement, does hereby find as folicws:
7. That notice of this heart ng was published as required by statute and the publisher's Affidavit
of said publication has been filed hereto.
2. That the defendant, the Town of Carmel, by counsel, its City Attorney, has flied fts Waiver
of NDtice and Consent to this Decree and the vacation of the alley.
3. That no other reiwnstrators appear to Court to protest said vacation.
The Court finds that the Petition should be granted and the alley should fie vacated.
IT IS THEPEFO0.E ORDERED, AP7UDGED ANU DECREED upon the evidence as found by the Court, that the
alley, approzlmately a ten (10) foot wide strip, bounded on the t:arth by Lot Number Two (2), in the ort9lnai
plat oP Bethlehem, nod the Town of Cannel, Indiana, on the West by Range Line Road, on the South by Lot Number
Throe (0) in the original plat of Bethlehem, non the Town of Cannel, ]ndi ana, and on the East by an alley which
runs in a generally northerly and southerly direction, said alley, located in Clay Tatnship ,Hamilton County,
indl ana, and more pertiealarly descri had as follows:
(90NTINUEC ON PAGE 365)
The east -west tley lying between Range Line Road and
the north -south alley whl ch runs from Maln Street to
First Street NE to the Tadn of Cannel, and more pary
titularly described as follows: Begin in the Southwest
corner of Lot Nwber Two (2) of the Orl ginai Piai of
Bethlehem, now Carmel, [ndtane; run south ten (10)
feet to the northwest corner of Lot Nunher three (3) of
the Origlnal Piat of Bethlehem; thence east a-prozimate
165 feat to the northeast corner of Lot Nunber Three (G
of the Ortgi nal Plat of Bethlehem; thence North ten (10
feet to the southwest corner of Lot Number Two (2) of G
Original Plat of eethlehem; thence Nest 165 feet to the
place of beginning.
l' 1
G� u"'"^"C / "���� JUDGE
EDNAND HEN, JR.
should M vacated, and that said e1Say 1s hereby vacated and fee simple legal tf tie as well as possessory inter
be retureeJ to the owner of the adjoining lots, to -wit: this plaintiff, the Union State yank, and that a copy
of this Decree be certified and recorded in the Office of the REco der for Hamilton County, Indiana, so that
title to this property shall now and forevermore be vested in this plaintiff, Union State gAnk, and its succ-
essors and assigns.
WAINWRIGHT DANK A TRUST CO. I
_vs-NO. 70 367
WILLIAM E. HOwARO, HPARI ET E. HONPAD
Plaintiff files affidavit and application for default; Clerk enters default against the defend-
ants, which affidavit and application are in the following words and figures to -wit: (H.I.)
JOSIE SHAFFER
_vs- ) NO. 70 152
DARLENE ZOOK )
Garnishee defendant files answers to interrogatories, which are in the following words and figure
to -wit: (H.I.)
ROGER M, WHEELER
vs- NO. 70 109
THE FLINTKOTE CO., PEERLESS INS. CO. )
Comes now attorneys for plaintiff and moves the Court to withdraw :heir names as att„rneys for
the plaintiff. Court now grants said withdrawal of their names as attorneys for plaintiff.
PEGGY J. STEPP )
NO,
70 995
REGINALD R. STEPP )
Cones now the Plaintiff and files her verified petition for Restraining Order, without hearing,
hereby restraining the Defendant from interfering with or molesting her or entering her place of residence at
270 Ethel Street, Cicero, Indiana, and comes now the attorney for the Plaintiff and files his Certificate,
which reads as follows, to -wit: (H.I.) j
And the Court, being fully advised in the premises, finds that a restraining order should be
issued, without notice, for the reasons stated to the Plaintiff's Affidavit and that the Defendant should be j
restrained from interfering with or molesting Plaintiff at any time or place and from entering her residence
at 270 Ethel Street, Cicero, Indiana,
IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED that the Defendant is hereby restrained
from interfering with or molesting plaintiff at any time or place and from entering her place of residence
at 270 Ethel Street, Cicero, Indiana, and plaintiff be and is granted the temporary custody of the minor childr9n
of the parties and further the Court now sets the 9th day of October, 1970 at 2:00 p.m, as a hearing date on
this restraining order and suit and support. Said Defendant is hereby ordered and directed to appear in said j
Court on this date.
So Ordered this 3:00 p.m, hour on the 29th day of September, 1970.
Read and signed in open Court:
9:00 o'clock a.m. tomorrow:
Ordered that Court adjourn until I
� R, —JUDGE
AKU ,
e
rE OF INDIANA )
) SS:
t'OUNTY OF HAMILTON )
fN TI1E HA MILTON C}RCU[T COURT
!� v
CAUSE NO.
> wION 5'rATr HANr, ) iri
vs27}TZG'UD
TOWN 01 CAIIME14 )
;Poe
GLEN t,w„ -, CIPIXO COURT
PETITION FOR VACATION eF AI.I,EY
Comes now the undersigned and alleges as follows:
1. 'that the Petitiouer is the fee simple title owner to Lots Number
Ooe (11, 'two (2), Three (3) and a portion ul' [,at Number Four (4) of the
O t•iginal Plat oC Bethlehem, now Town of Carmel, Indiana.
2. Thal pursuant to said plat there Lles an alley ten (10) feet in width
between Lots Number'}'tvo (2) and Three t3) as described hereinabave..
3. For the purposes of consh•uction and additional improvements to
the n ai' Carmel this Petitioner does hereby petition this Court for its
order vacating said alley and returning the use as well as the title to said
ten (10) font strip to this petitioner.
A. The alley is bounded on the north 6y Lot Number Two (2) w(tich is
owned by this petitioner, on the well by Rangeline Road, on the south by
},ot Number Three (3 't) as described above and which is owned by this petittor
and on the east by an alley which runs in a generally northerly and southerly
direction.
5. The alley to be vacated would be more particularly described as
follows:
IOU ODUTH 07" „"�XT
The east -west alley Lying be twecn Rangeline Road
and the north -south alley which runs from i4ain Street
to First Street NF_ in the Town of Carmel" and more
particularly described as follows: Begin in the
Southwest corner of Got Number Two (2) of the Original
L'ETITION
Plat of Bethlehem. now Carmel, Indiana; ran
s Huth ten (10) feet to the northwest corner of
Lot Number Three (3) of the Original Plat of
Bethlehem; thence east approximately 165 feet
to the northeast corner of Lot Number Three (3)
of the Original Plat of Bethlehem; thence North
ten (10) feet to the southwest corner of Lot Number
Two M of the Original Plat of Bethlehem; thence
West 165 feet to the place of beginning.
PAGE TWO
6. The vacation of this alley will uittttr ate l•y result in great benefit
both to the beauty and tax base to the Town of Carmel and would result in ao
detriment to the taxpayers of the `1'otvn oI'Carmel..
7. 'There are no other land owners owning land immediately adjacent
to the area to he carttc:d and, therefore, no other directly interested party
except the Town of Carmel
1M1'I1E I�kiFORE, Petitioner prays that. this Petition be granted.
UNION STATE BANK
Ut'il'on State Bank
an a0tjTI4 IT" OTFECT
INDIANA