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HomeMy WebLinkAbout210/220 1st Ave NW - Alley Vacate- Hedges, LeslieCAMPBELL, KYLE PROFFITT ATTORNEYS AT LAW 1BB SOUTH 9TH STREET NOBLESVILLE, INDIANA 46060 TELEPHONE NO. 773.2090 MR. and MRS. LESLIE M. HEDGES vs. CITY OF CARMEL, INDIANA CARMEL, INDIANA `BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY AMENDED PETITION TO VACATE A PORTION OF AN ALLEY LOCATED BETWEEN LOTS 210 AND 220 FIRST AVENUE NORTHWEST AND RUNNING FROM FIRST AVENUE NORTHWEST TO SECOND AVENUE NORTHWEST 1. The undersigned, Mr. and Mrs. Leslie M. Hedges, by their attorneys, do hereby respectfully petition the Board of Public Works and Safety of Noblesville, Indiana, for the vacation of: a. That portion of an alley right -of -way running east and west between First Avenue Northwest and Second Avenue Northwest, located between Lots 9 and 10 in Henry Roberts heirs addition to Carmel, Indiana as per plat thereof recorded in Deed Record 97, Pages 12 and 13 in the Office of the Recorder of Hamilton County, Indiana, more commonly referred to as located between the residences at 210 and 220 First Avenue Northwest, Carmel, Hamilton County, Indiana 46032. Said right -of -way is approximately ten (10) feet in width; b. A copy of a survey of Lots 9 and 10 depicting the alley right -of -way under consideration is attached hereto as Exhibit "A 2. The petitioners are the owners of the property located at 220 and 222 First Avenue Northwest, which land abuts what once, was the alley as shown in Exhibit "A In addition, petitioner has prepared documents notifying other abutting land owners of this petition and informing them to register any objections or complaints to this action to the ELEPHONE NO. 773.2090 CAMPBELL, KYLE PROFFITT ATTORNEYS AT LAW 198 SOUTH 9TH STREET NOBLESVILLE, INDIANA 46060 Board of Public Works and Safety of Carmel, Indiana, by December 13, 1979. 3. The undersigned represents: a. That this alley right -of -way sought to be vacated is not necessary in any way to the growth or prosperty of Carmel; b. That the alley right -of -way exists only on paper, that there is no alley bed, and that this land has not been utilized as an alley for a number of years; c. That the vacation hereby sought will not leave any adjoining land owners or interested property owners without access to their real estate; d. That the vacation hereby sought will not cut off the public's access to any church, school, public building, or public grounds; e. That the reversion of the above described alley will relieve the land owners of any potential future encumbrance or cloud on their title to real estate. f. That petitioners, by their attorney, have caused notice of this action to be published three (3) separate times, one (1) week apart, in the Noblesville Daily Ledger, the Carmel Topics and the Noblesville Times. 4. That this petition to vacate shall not adversely affect any adjoining landowners' right or need to have access to the old city ditch running north and south and located at the west side of Petitioner's property, for water, sewer or other public purposes. WHEREFORE, petitioners pray for the vacation of the alley right -of -way described above and for all other necessary and appropriate relief. CAMPBEL KYLE PROFFITT BY y Jo n M. Kyle, III Atto ney for Petiti.ners 79 .QeA.e SE r o Lor %P. fow✓O /.P. Fo..,.✓d 0 Lor #/o 0 ,PEeA.e Se r 0 0 ¢9' /o'04/cL.e=y IL_ Certified: July 16, 1979 /.55. /S5.o0• /S5.o0' /5 oo oeAy sr. 3o' PREPARED FOR: MR. MRS. LESLIE M. HEDGES 24S• 375• AJPi4•94 r 4' 4«Ey io• A survey of Lots Nine (9) 6 Ten (10) in Henry Roberts heirs addition to Carmel, Indiana, as per the plat thereof recorded in Deed Record 97, Pages 12 13 in the Office of the Recorder of Hamilton County, 5"" 3°. 1 nd1ana 49• I, Max P. NewKirk, a Registered Land Surveyor, licensed in compliance with the laws of the State of Indiana, do hereby certify that the above plat and description represent a survey made by me July 7, 1979 and that they are true and correct to the best of my ability and belief. I also certify that all buildings located on said Lots are entirely within the boundaries of said Lots and that no buildings located on adjacent Lots encroach thereon. REG. L.S. IND. NO. 50110 74.5'