HomeMy WebLinkAboutD-558 Vacation of Mahan Alley ORDINANCE D-558 VACATING A PORTION OF ALLEYS
WITHIN CARMEL, INDIANA
WHEREAS, a Petition, in conformance with Indiana Code
36-7-3-12 has been filed by Robert A. Mahan and Katherin C.
Mahan for the vacation of the alleys contained within the
City of Carmel, this portion is hereby described as follows:
That part of Lot Number Three (3) and Lot Number Four
(4) in Carey's Addition (an unrecorded addition) to the
Town of Carmel, Indiana, and part of the Southeast
Quarter of Section Twenty-five (25), Township Eighteen
(18) North, Range Three (3) East, more specifically and
truly described as follows:
Beginning Thirty-five (35) rods West of the Northeast
corner of said Southeast Quarter and run thence South
Two Hundred Ninety-eight (298) feet; thence East One
Hundred Seventy-one (171) feet (except Five (5) feet off
the East side thereof, being subject to all applicable
easements and right-of-way of record); thence North
Three Hundred (300) feet; thence West One Hundred
Seventy-one (171) feet to the place of beginning, EXCEPT
the real estate described in Exhibit "A" attached hereto
for Tracts 1 through 7, and the remaining land after
said exception of said Tracts represents the allies to
be vacated.
WHEREAS, the Petitioners, Robert A. Mahan and Katherin
C. Mahan, are the fee simple title owners of the property
abutting the alleys sought to be vacated;
WHEREAS, the Petitioners, in preparation of requesting
said vacation, met with the Carmel Department of Public
Works;
WHEREAS, Notice of the Petition to Vacate and of the
public hearing was sent to the abutting property owners and
the Notice was publicized in accordance with Indiana Code
WHEREAS, the the City of Carmel, Indiana,
held a hearing on the vacation as prescribed by Indiana Code
36-7-3-12(c) and the Town Board has determined that: (1)
the portion of the alleys sought to be vacated are not
necessary to the growth of Carmel; (2) the vacation of the
Page 2
Ordinance D-558
ment of the real estate,
to and is hereby vested
the vacated public ways.
WHEREAS, the vacation of the public ways is subject to
an Indiana Code 36-7-3-16 and therefore, the vacation does
not deprive a public utility of the use of the public way
for the location and operation of its facilities; and
WHEREAS, the T~of the City of Carmel has
approved the vacation.
BE IT ORDAINED BY THE CITY OF CARMEL, INDIANA, that the
alleys as above described are hereby vacated by the City of
Carmel, with the City of Carmel reserving utility easements
for any existing utilities and with the further
understanding that it shall be the property owner's respon-
sibility to relocate said utilities if required by develop-
and title to the property reverts
in the abutting property owners of
PASSED AND ADOPTED by the Te~.3n Ecar~ of the City of
Carmel on the ~ day of ~ , 1988.
~WN--5~h~-OF THE CITY OF CARMEL,
Attested:
~ Clerk-Treasurer
INDIANA
This document was prepared by william E. Wendling, Jr.,
Attorney At Law, 650 E. Carmel Drive, Suite 400, Carmel,
Indiana 46032.
After recording,
the City of Carmel,
46032.
return this document to the Clerk of
40 E. Main Street, Carmel, Indiana